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102-22 - Excel Business Systems, Inc. - Contract Amendment 1DocuSign Envelope ID: 61A02303-463C-4ACC-8711-99AEBEDA50C0 S ?.'r EXCkAmw BUSIMESS SYSTEMS, 1/VC. 360.443.2220 ■ 253.473.9663 ■ 800.922.9449 www.excelbusinesssystems.net Service Contract Client: CITY OF PORT ORCHARD CUSTOMER #: P1008 Address: PUBLIC WORKS DEPARTMENT Contact: BRANDY WALLACE 21 PROSPECT STREET Phone: 360-876-7030 PORT ORCHARD, WA 98366 Email: bwallace@cityofportorchard.us Equipment: CANON IR ADV C5550i Condition: USED Serial Number: WXD06192 Surge Protector: YES Contract: imageCARE Gold Plus Please see imageCARE Programs for complete details. Billing Cycle: MONTHLY START: AUGUST 15, 2023 END: AUGUST 14, 2024 Black Color Scan Start Meter ** ** N/A Covered 1700 1800 N/A Additional images .0102 0733 N/A RATE PER BILLING CYCLE: $149.41 *Does not include tax, overages and/or billing fees if applicable **METERS TO BE TAKEN ON 8115123 Client Acceptance Signature. _ Date: AUGUST 15, 2023 Sales Rep: Mark Trenary Print Name: r6b P IN MA SIA.U. --------------- Rob Putaansuu Your Locally Owned Imaging Partner DocuSign Envelope ID: 61A02303-463C-4ACC-8711-99AEBEDA50C0 Excel Business Systems, Inc. imageCARE Service Contract General Terms and Conditions PURPOSE: This contract covers the cost for adjustments, repairs, and replacements of parts and supplies items, excluding staples and paper, necessitated by normal use of the equipment. All damages or losses resulting from accident, misuse, or other events such as fire, theft, water damage or ANY OTHER CAUSE EXTERNAL to the machine are not covered. The use of unauthorized parts, components, modifications, or personnel to effect repairs or changes will be considered misuse and repairs will be billed at the current billable rate. This contract does not cover loss of use or production. Services under this contract do not assure uninterrupted operation of the machine. Excel is not responsible for failure to render services due to causes beyond our control. TERMS: This Service Contract is effective for 36 months or as specified under Additional Terms as to each unit of newly purchased Equipment. The contract will be automatically renewed at 1 year terms unless written notice is received by Excel at least 30 days prior to the expiration date. The customer then agrees to pay the then current annual cost rate for the new contract. If the contract is not renewed, the Customer is responsible for returning all unused supplies to Excel's office at the Customer's expense. If supplies are not returned within 30 days of non -renewal of contract, Excel will invoice Customer for full retail value of supplies. If you cancel at any time other than at least 30 days prior to the expiration date, we are not obligated to issue any credit invoice or refund. Additionally, Excel reserves the right to bill customer pro -rated usage for any maintenance kits, imaging units, or fuser units installed in customers equipment in the previous 60 days. PAYMENT DEFAULT OR BREACH OF CONTRACT: Failure to pay within 30 days of invoice for any payment due will put this contract on a credit hold. All parts and service rendered.during that time period will be charged separately. If the Customer does not pay all charges, billed under the terms of this Contract, promptly when due, or in the event of a breach of any of the other terms of the Agreement, Excel may (1) refuse to service the equipment until remittance is made, (2) provide service on "Per Call" billable rates, (3) require C.O.D. payment in full at the time of service (and any supplies) at Excel's "Per Call" billable rates, and (4) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by customer shall not be deemed a waiver or any other or subsequent breach. AMENDMENTS: Verbal agreements are not part of this contract. No one is authorized to change, alter, or amend the terms and conditions of this contract unless agreed to in writing by officers of Excel. This contract is nontransferable by the customer. MAINTENANCE: Execution of a contract service call will be made during normal business hours (8:30 to 5:00 Monday thru Friday) on the equipment specified on this contract. Work requested to be done outside Excel's normal working hours WILL BE CHARGED FOR at the current billable rate with a 4 hour MINIMUM charge. Periodic inspections for the purpose of rendering preventative maintenance (PM's) and servicing will be made on dates specified by Excel. These inspections will be based on a calendar year or meter schedule depending on the operating conditions of the equipment. All PM's will be performed as per FACTORY specified intervals. CUSTOMER OBLIGATIONS: Throughout the term of this contract you shall (1) monitor the machine operation and notify us if you determine that the equipment is in need of repair; (2) permit Excel to enter the property where the equipment is located to inspect it an any reasonable time: (3) provide Excel with a reasonable amount of space to make necessary inspections or repairs; (4) supply required electrical power; (5) take responsibility for the daily maintenance of equipment, to include (a) replacing toner and waste toner bottles as needed, (b) keeping the glass clean, (c) having proper supply inventory, (d) removal of occasional paper miss -feeds, and (e) provide Excel with accurate meter readings for billing. If you do not supply meters readings to Excel when requested, Excel reserves the right to estimate your meters, or send an Excel representative to your location at your expense. EXCLUSIONS: The following services are not covered under this contract and may cause this contract to be null and void without refund: (1) repair of damage or the replacement of maintenance parts caused by accident, disaster, neglect, abuse or misuse of the machine; (2) the use of parts, supplies, components, modifications or personnel to effect repairs on the machine not approved by Excel as 'suitable' for your particular machine(s); (3) transportation or relocation; (4) relocation of machine(s) outside of Excel's authorized servicing area; (5) circuit board repairs or replacement costs when you do not have your machine connected to an Excel approved surge protection device; (6) service calls caused by any additions to, or changes to the customer's computer or network environment. Customer's network is defined as anything on the network side of the cable connecting the machine to the local area network. if customer network service is required, those services can be provided by Excel on a billable basis at the current billable rate. If your customer account is current the billable rate may be discounted by 30%.