HomeMy WebLinkAbout08- RECURRING CONTRACT - DAVIS BUSINESS MACHINES MAINTENANCE CONTRACT DAVIS BUSINESS MA MINES, INC.
1429 Helena AvenuBozeman
• Butte— teat Fa • Helena,
• Bauman—Butte—Great Falls-Helena
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Preventive Maintenance Agreement OF rlo. . % ��
TERMS AND CONDITIONS
City of Bozeman Department of = -- -
CHARGE TO Planning and Community Development Arrears Billing claim Form P.O. Required
Required for Renewal
❑Yes ® No ❑Yes ® No ❑ Yes ® No
ADDREss 20 east Olive/P.O. box 1230
Common Tax Exempt Customer
Billing Date? Order No.
CITY BOZEMAN MT 59771 ❑Yes ❑ No
M Yes ❑ No
State zip Date:
SERVICE CONTRACT FOR LISTED EQUIPMENT
In order to assist the above named Customer in maintaining their equipment in efficient operating condition,the Contracting Dealer
(hereafter called the Dealer)agrees to furnish service and install parts for the equipment described hereof at the rates there specified
during Dealers normal business hours,and upon the following terms and conditions:Either the terms specified in Type"A"or Type
"B"Contract will apply,depending on the kind of contract indicated in the Contract Type column associated with each listed machine.
Further Agreements: 1.Modifications to customers machine(s)shall not be included in this contract.2.Repairs made necessary by
accidents,misuse,casualties or by service performed by unauthorized personnel shall not be included in this contract.Contract will also
be voided if theft or vandalism occurs.3.Contract does not include cords,pads,covers or burned out motors.4.This contract shall allow
cancellation by either party,after 30 days written notice.Upon cancellation,refund will be pro-rated on a twelve month basis.5.Any
type of applied taxes will be added to the contract rates.
CONTRACT TYPE DESCRIPTIONS
TYPF."A"CONTRACT:
For machines in which the Customer desires periodic service,Dealer agrees to render periodic maintenance consisting of inspecting,cleaning,
oiling and adjusting and the replacement of such parts as are needed to keep the machine(s)in good running condition.Should any failures,
malfunctions or breakdowns occur between periodic services,Dealer agrees to render the service necessary to return the machine(s)to good
running condition,subject,of course,to item two(2)under Terms and Conditions,above.In consideration of the annual payment of$ and
subject to the provisions hereinafter set forth,Dealer agrees to render teriodic service and preventive maintenance inspections to the machines
listed below.In the event that a contracted machine exceeds U 067 black images per year or GrL',? color images per year,the
customer agrees to pay$eo)/1 per black image and$, ) er color image for the excess images.
Consumables included:®Toner®Developer®Drums®Image Units.
Additional Comments:Image defined as an 8%x 11 printed or copied page.(5%fill black),(20%fill color,5%each CYMK or average of 20%)
Larger imager or images with greater fill may constitute additional charges proportionate to Jill or page size
❑ Supplemental Agreement Attached
TYPE"B"MONTHLY CHARGE PLAN:
Minimum billing is Black images per month or$ ,monthly.Cost per Black Image is$0.010
Color images per month or $ ,monthly.Cost per Color image is$ 0.075
Consumables included:®Toner®Developer M Drums M Image Units.
Additional Comments:Image defined as an 8%2 x I I printed or copied page.(5%fill black),(200/a fill color,5%each CYMK)
Larger images or images with greater fdl may constitute additional charges proportionate to fill or page size
Customer agrees and will be required to submit to Dealer monthly meter readings by an authorized representative.
Contract Annual Starting meter count Start
Type Model Serial# Rate Internal Locations black / color dale
Bizhub C-550 A00JO10004401 PLANNING OFFIC / -6"1,2008
i q
The terms and conditions on the reverse side are part of this agreement.I have read and accept these terms.You are authorized to render service to the above
listed machine(s)according to the agreements in this contract and according to the Contract Type associated with ne in the Con et Type column for a
period of()NF- year(s),from��1 20 61 to
30 20 09 ,on consideration of which we will pay,in advance$ .In arrears(government
contracts,only)$ which is the billing amount.
City of Bozeman Department of Planning and Date
Firm Name
Community Development Dealer DAVIS BUSINESS MACHINES INC
By �—^�� �„fr 5/�(y/" By
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SERVICE AGREEMENT-TERMS AND CONDITIONS
DAVIS BUSINESS MACHINES,INC.(hereinafter referred to"DBM,hereby INVOICING
agrees to furnish maintenance and service for the equipment set forth above at The applicable rates under this Agreement will be invoiced in advance.Payments
the rate set forth above during the period of this Agreement, and upon the shall be due within fifteen(15)days after the date of the invoice,and all other
following terms. charges for partial month's service,if any,will be pro rated on the basis of a
TER1K
thirty(30)day month.
This Agreement will remain in force from the date signed until the first day of ACCESS TO EQUIPMENT
the Renewal Month.Thereafter,it will be renewed for yearly periods unless DBM shall have full and free access to the machines covered hereby to provide
terminated as otherwise provided in this Agreement.By payment of the invoice service thereon. If persons other than DBM representatives shall perform
submitted at the time of renewal,customer accepts the terms and conditions of maintenance or repair a unit of equipment as described by this Agreement,and
the Service Agreement then in effect for the renewal, as a result further repair by DBM is required,such repairs will be made at
Customer may terminate this Agreement or withdraw any unit of equipment DBM's applicable hourly and material rate and terms then in effect.
from this Agreement at any time provided that thirty(30)days prior written NON-MANUFACTURED PARTS
notification is given DBM.DBM may terminate this Agreement or withdraw Service provided by DBM under this Agreement does not include the replacement
any unit of equipment from this Agreement on thirty(30)days prior written or adjustment of parts which were not !furnished for the machine by the
notice to Customer. manufacturer or DBM, or the time spent in determining the needs for
replacement or adjustment of such parts,except for in hardware items such as
SERVICE AVAILABILITY screws,nuts,bolts,and clamps.
DBM agrees to provide service availability during its normal business hours.
Service includes the following: (A)Preventative maintenance based on the When DBM determines that a machine under this Agreement contains a part,
specific needs of each unit of equipment as determined by DBM,including not furnished for the machine by either the manufacturer or DBM,which is
necessary adjustments,and replacement of any unserviceable parts:(B)On- particularly significant at DBM's ability to provide maintenance service for such
call remedial maintenance including replacement of serviceable parts. machine under this Agreement, DBM may withdraw the machine from this
Agreement upon one month's prior written notice to the Customer,unless the
All parts will be furnished on an exchange basis when installed by DBM service Customer replaces the part with a directly interchangeable part furnished for
personnel,and will be new or equivalent to new in performance when used in the machine by the manufacturer of DBM,which shall be replaced by DBM at
this equipment.All replaced parts become the property of DBM.Service provided DBM's applicable time and material rates and terms then in effect.
under this Agreement does not insure uninterrupted operation of the machines
covered herein. DEFAULT
If Customer does not pay the amount due hereunder,or breaches any terms of
EXCLUSIONS this Agreement,DBM may,in addition to other legal remedies,either refuse to
Service provided by DBM under this Agreement does not include:(a)Electrical continue to service the equipment or furnish service only on a per call basis.
work external to the equipment or maintenance or accessories,attachments,or Customer also agrees to pay DBM's costs and expenses of collection including a
other devices not furnished by the manufacturer,including,but not limited to reasonable attorneys fee,as permitted by law.
the failure to provide, or the failure of, adequate electrical power, air
conditioning,or humidity control;(c)Repair of damage or increase of service LIMITATION OF LIABILITY
time caused by the use of the machines for other than ordinary use for which IN NO EVENT WILL DBM BE LIABLE TO LOST PROFITS, OR OTHER
designed;(d)Repair of damage,replacement of parts(due to other than normal CONSEQUENTIAL DAMAGES,OR FORANY CLAIM OR DEI AND AGAINST
wear)or repetitive service calls caused by.accident,disaster,which shall include, THE CUSTOMER BY ANY OTHER PARTY, EVEN IF DBM HAS BEEN
but not be limited to,fire,flood,water,wind and lightening;transportation;(e) ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
Neglect or misuse,alterations,which shall include,but not be limited to any
deviation from the manufacturer's physical,mechanical or electrical machine The Customer agrees that DBM's liability hereunder for damages to a unit of
design;attachments,which are defined as the mechanical,electrical or electronic equipment shall not exceed the amount paid for services for the applicable unit
interconnection to any machine or equipment and devices not supplied by the of equipment during the preceding three(3)months,unless such damage is the
manufacturer of the original machine;M Repair of damage or increase of service result of DBM's negligence.DBM shall not be deemed to have been negligent
time caused by conversion from one manufacturer's model to another or the with respect to any equipment for which DBM is not contractually obligated to
installation or removal of a manufacturers feature whenever any of the foregoing perform service upon.
was performed by other than DBM;(g) Furnishing supplies or accessories,
painting or refinishing the machines, or adding or removing accessories, GENERAL
attachments or other devices;(h)Normal operator functions as described in the Subject to the terms of the fallowing paragraph,DBM may modify the terms
machines'operators manual;and(i)Such service which is impractical for DBM and conditions of this Agreement effective on the Renewal by providing the
to render because of alterations in,or attachments to the machines. Customer with one month's prior written notice.Any such modification will
CHARGESapply unless the Customer exercises the option to terminate this Agreement or
T withdraw the machines affected by such modification.Otherwise,this Agreement
The Customer agrees to pay DBM the applicable rate shown on the face or this
can only be modified by the written agreement duly signed by persons authorized
Agreement,in accordance with current practice then in effect,from the service to sign agreements on behalf of the Customer and DBM and variance from the
commencement date up to,but not including the first day of the renewal month. terms and conditions of this Agreement in any Customer order or other written
Maintenance rates are subject to increase by ABM effective only on the renewal modification will be of no effect.
month.
Either party may terminate this Agreement at any time for failure of the other
In the event of withdrawal of a machine from,or termination of this Agreement to comply with any of the terms and conditions herein.
by DBM,a refund of the applicable rate shall be made to the Customer by DBM
pro rated on each full month left on the contract year. Customer represents that he is the owner of the equipment subject to the
Agreement,or if not the owner,he has the authorityto enter into this
If the Customer requests service to be performed at a time outside DBM's normal Agreement.
business hours, there will be no additional charge for maintenance parts;
however,the service,if available,will be furnished at DBM's applicable hourly DBM shall not be responsible for failure to render service due to strikes,
rates and terms then in effect.During the term of this Agreement,any changes flood,fire,and other causes beyond its control.
in machine specifications may result in an adjustment of the applicable rate,
which shall become effective upon the installation of the specification charge. The Term"This Agreement"as used herein includes any fature written
When,in DBM's judgement,a unit of equipment cannot be maintained under amendments,modifications,or supplements made in accordance herewith.
this Agreement,DBM will, at its sole option, withdraw the unit from this
Agreement pursuant to the terms listed above,or submit a cost estimate for
reconditioning the unit.Any charges for reconditioning will be in addition to
applicable rates.Customer may terminate this Agreement orwithdraw the unit
from this Agreement,pursuant to the terms listed above,if Customer does not
wish to authorize such reconditioning work.
'-DAVIS "BUSINESS 'CMACHINES, INC.
1429 HelenaAvenue • 442-9810
Helena,Montana 59601
Preventive Maintenance Agreement PAGE CONTRACT
OF NO.
Arrears Billing Claim Form P.O.Required
CHARGE TO City of Bozeman, Planning/Zoning ❑Yes ❑No Required for Renewal
[:]Yes ❑No ❑Yes ❑No
ADDRESS 20 E Olive Common Tax Exempt Customer
Billing Date? Order No.
Bozeman, MT 59715 ID Yes ❑No ❑Yes ❑No
CITY —Stele 'lip Date:
TERMS AND CONDITIONS
SERVICE CONTRACT FOR LISTED EQUIPMENT
In order to assist the above named Customer in maintaining their equipment in efficient operating condition,the Contracting
Dealer(hereafter called the Dealer)agrees to furnish service and install parts for the equipment described hereof at the rates
there specified during Dealers normal business hours,and upon the following terms and conditions:Either the terms specified
in Type"A"or Type"B"Contract will apply,depending on the kind of contract indicated in the Contract Type column associated
with each listed machine.Further Agreements: 1.Modifications to customers machine(s)shall not be included in this contract.
2.Repairs made necessary by accidents,misuse,casualties or by service performed by unauthorized personnel shall not be
included in this contract.Contract will also be voided if theft or vandalism occurs.3.Contract does not include cords,pads,
covers or burned out motors.4.This contract shall allow cancellation by either party,after 30 days written notice.Upon
cancellation,refund will be pro-rated on a twelve month basis.5.Any type of applied taxes will be added to the contract rates.
CONTRACT TYPE DESCRIPTIONS
TYPE"A"CONTRACT:
For machines in which the Customer desires periodic service,Dealer agrees to render periodic maintenance consisting of
inspecting,cleaning,oiling and adjusting and the replacement of such parts as are needed to keep the machine(s)in good
running condition.Should any failures,malfunctions or breakdowns occur between periodic services,Dealer agrees to render
the service necessary to return the machine(s)to good running condition,subject,of course,to item two(2)under Terms and
Conditions,above.In consideration of the annual payment of$ and subject to the provisions hereinafter set forth,
Dealer agrees to render periodic service and preventive maintenance inspections to the machines listed below.In the event that
a contracted machine exceeds copies per year,the customer agrees to pay$ per copy for the excess
copies.Consumables included: ❑Toner ❑Developer ❑Drums ❑Image Units.
Additional Comments:
❑Supplemental Agreement Attached
TYPE"B"MONTHLY CHARGE PLAN:
Minimum billing is 14,OMopies per month or$137,20 monthly.Cost per copy is$ _0098 .Customer agrees and will
be required to submit to Dealer monthly meter readings by an authorized representative.
Includes Toner, Developer, Drums, Image Units
Contract Annual
Type Model Serial# Rate Internal Locations
B Minolta Di-551 # 31012008 $ 1,646.40 cc:
CUSTOMER AGREEMENT
The terms and conditions on the reverse side are part of this agreement.I have read and accept these terms. You are authorized
to render service to the above listed machine(s)according to the agreements in this contract and according to the Contract Type
associated with each machine in the Contract Type column for a period of one year(s),fromMarch 21 ,20 04 ,to
March 21 20 05 ,on consideration of which we will pay,in advance$ In arrears(government
contracts,only)$ which is the billing amount.
Date Janualy 15, 2004
Firm e Cliv of Bozeman_,,Vls?nn/uP_1Zoninst Dealer Davis Business Machines, Inc.
By By
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