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9.f) Copier LeaseLOFFLER 1101 E 78 952-925-6800 • Fax 952-925-6801 MAINTENANCE AGREEMENT Company Customer# Company Customer# City of Scandia Same as Bill To Address Address 14727 209th St. r Address 2 Address 2 Suite/FloodDept Suite/Floor/Dept fcf City State Zip City State Zip Scandia MN Contact Phone Contact Phone CONTRACT TERM: ❑ 1 Year ❑ 2 Year ❑ 3 Year ❑ 4 Year E 5 Year Other: EFFECTIVE DATE: Install Date ❑ New ❑ Renewal C2225 ❑ Annual Rate $ B&W Copies Allowed B&W Overage Charge Color Copies Allowed Color Overage Charge ❑ Quarterly Rate $ B&W Copies Allowed B&W Overage Charge Color Copies Allowed Color Overage Charge ❑� Monthly Rate $ 0.00 B&W Copies Allowed 0 B&W Overage Charge Color Copies Allowed 0 Color Overage Charge ❑ Addtl. Charge $ For Supplies Included: ❑� Yes ❑ No Staples Included: ❑� Yes ❑ No Black Toner ❑� Color Toner ❑� $ 0.007400 $ 0.063000 Meter Contact Phone Preferred Meter MethodFax Preferred Meter Method E-mail Address Preferred Meter Method Special Instructions: Please see Addendum Form Please carefully review the Terms and Conditions on the second page and provide a customer signature. TERMS & CONDITIONS Maintenance Services During the term of this contract Loffler Companies, Inc will repair or replace according to the terms of this agreement any part of the equipment which becomes unserviceable due to normal usage (other than consumable supplies, i.e. toner, image units). All parts replaced will be furnished on an exchange basis and will be new, reconditioned, or used. All parts removed due to replacement will become the property of Loffler Companies, Inc. Maintenance services provided by Loffler Companies, Inc. under this agreement do not include the following: A. Repair of damage not caused by vendor, including without limitation, damage resulting from accident, transportation neglect or misuse, failure or fluctuation of electrical power, telephone equipment or communication lines failure, environmental conditions, or acts of God. B. Repairs made necessary because of service that was provided by persons other than vendor. C. Exit trays, copy cabinet, removable cassettes, or other breakable items that are not related to the mechanical or electrical operation of the equipment. D. Repairs and/or service calls resulting from attachments not purchased and/or approved by Loffler Business Systems. E.,{-} 3� Performance of Maintenance Services 13 CIS Maintenance services will be provided at the customer's place of business where the equipment is located during regular business hours (8:00 a.m. - 5:00 p.m.) Monday through Friday, except holidays. Charges The maintenance charges for all maintenance agreements, i.e. annually, quarterly, monthly, will be payable by the customer in advance with the overages billed in arrears. The relocation of equipment indicated on the face hereof may result in an increase of maintenance charges or the termination of this agreement. The client will provide timely meter readings at the end of each billing period in response to Lotter Companies fax/email requests or contacted by telephone. If meter reads are not received in a timely manner, Loffler Companies reserves the right to estimate the meter readings. The charges established in this agreement include payment for the maintenance of the equipment and consumable supplies including black and color toner and developer, if indicated on the reverse side. Paper and staples must be purchased separately by you. For the purpose of this agreement, an impression is defined as a one sided, 8.5 x 11 or smaller image on a single sheet of media. This agreement is based upon manufacturer stated yields: 6% coverage for black toner and 20% coverage for color toners. We reserve the right to re-evaluate your toner usage during the term of this agreement. If your average coverage exceeds these standards, you may be charged for additional toner cartridges required beyond that which your annual impression usage dictates. Customer Obligations Customer agrees to provide a suitable place for use (including suitable electric service) as specified by the manufacturer. Customer to provide 360 degree service access to equipment. Customer will provide a key operator for the equipment and make available operators for instruction in use and care of the equipment. Limitations Loffler Companies, Inc. shall not be liable for failure to perform its obligations hereunder, and such failure to perform shall not constitute a breach of this agreement when repair of the equipment is required as a result of accident, misuse, use of supplies or accessories that do not meet manufacturer's standards, fire, flood, or other adverse conditions damaging the equipment at customer's premises. Loffler Companies, Inc. shall not be liable for delay or failure to perform under this agreement for causes beyond its reasonable control for the period of time that such causes are enduring. Additionally, Loffler Companies, Inc. shall not be responsible or liable for any circumstances occurring due to the failure of any equipment or accessories covered under this agreement. rL„ Term This agreement will become effective as of the effective date indicated on they averse side and is a non -cancelable contract. This agreement will be automatically renewed a„i„e, a. �.�,;...� �e.l�� less canceled in writing thirty (30) days prior to the expiration of the agreement. '- agrnamano� - =;- ^^ ^^�^ " - - - t. Loffler Companies, Inc. may terminate this agreement upon written notice prior to any renewals. ^ 3j t 3 1 S This agreement constitutes the entire agreement between Loffler Companies, Inc. and the customer and supersedes any previous agreements between Loffler Companies, Inc. and the customer with respect to services to the equipment. This agreement shall be interpreted and continued in accordance with the law of the State of Minnesota and the parties hereby consent to the personal jurisdiction of any state or federal court having appropriate subject matter jurisdiction located within the State of Minnesota. Non -Solicitation Client acknowledges and agrees that the employees of Loffler Companies, Inc. who perform the services are a valuable asset to Loffler Companies, Inc. and are difficult to replace. Accordingly, Client agrees that, for a period of one (1) year after the completion of said services, it will not, directly or indirectly, solicit, recruit, hire or otherwise employ any employee or agent of Loffler Companies, Inc. who performed such services. If Client violates this paragraph 22, Client will pay to Loffler Companies, Inc. damages equal to one hundred percent (100%) of that individual's annual salary. For purposes of this Agreement only, an "individual's" annual salary shall mean the individual's annual salary with either Loffler Companies, Inc. or with Client, as of the date of Client's violation of this paragraph 22, whichever is greater. Customer Signature Loffler Companies Representative Print Customer Name 0 Loffler Company Acceptance Date Loffler Companies Officer Approval 3/13/2015 Signature Time Date LOFFLER 1101 E 7816 Street, Bloomington, MN 55420 952 925-6800 • Fax 952-925 6801 ADDENDUM City of Scandia Canon C2225 �• 3/13/2015 This addendum is part of our agreement for the above mentioned equipment. Comments: State Contract: Monthly Rate shall be locked for five years. Agreement includes staples. Agreement includes Network and IT triage related to IT infrastructure issues affecting the operation of the hardware device." Loffler Representative Jc Customer Signature Version 03/13/2015