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Equipment Maintenance Comm CenterEQU'IPM.ENT MAINTENANCE AGREEMENT Effective Date. January 1, 1997 Customer. Cannel Clay Communications Attention: Janet ' Billing Address: 31 Rrst Avenue NW Suite: or P.O. Bor. r' City: Carmel.... ,.: State: IN Zip: 46032- Telephone:17)571-2580 Far (317) 571-2585 c^r EQUIPMENT: '(List additional equipment on attached pages) Type: Muratec F60 Fax Machine Serial 10001004 Start Meter Count' If equipment is in a different location than:- City, State; Zip: Contact : `Telephone: Fax: - STANDARD PROGRAM; ". :,..1 :a?lY .-'cif:. _.... . Term:_•`] 2 '=1Aonffi Base, Charge: $200.00 Maximum pages: N/A Overage per Page_ BONUS PROGRAFA:'..: Term; Months.,,:,, Charge per Month $ Maximum pages: Overage per Page $ " .. (See section V on supplies over e) - 'Applies only to metere rvic fac ' ile times, laser printers and copy machines. ??,wmmer. ?iynawre ,r - .- - ; uace, vancea tsusiness concepts Representative.... Date ' .. . ..?::1 :.. /.. / rtiE y S` .: .. Jack Barton Owner Name Fruited. Tye k. r Name PrintedTitle ,TER S• A N C O N D I T I O .... 9 y,..Tfiis A eement is 'is :between' lhe.,custN mer named on the face and replacement of uns erviceable . (a) Parts - parts. Parts • will be ,., . ADVANCED BUSINESS. CONCEPTS, 1089 3rd Avenue SW..Suite furnished on an exchange basis and will be new parts or parts ;., .; 102 Cannel, Indiana.46032-7566.` areinafter known as ABC.-This " .... equivalent Ao new...in performance. when used in, these ,. Agreement;shal(have an.effective.date asstaled on.theface hereof, equipments. Replaced parts become the property of ABC.',.. ...and continue ,forthetenn,sfatedi :..This•Agreemenl may be ` (b) tabor -This will consist of on- call' remedial.` maintenance, automatically renewed,by,;ABC,unless notified in writing: to the Including .replacement of unserviceable. parts, as well as contrary by the customerthirty. (30) dais prior to end of term. scheduled preventive maintenance. Preventive maintenance will •_„- - - _ be based upon the specific needs of the individual equipment as It. CHARGES determined by ABC and will Include cleaning, • lubrication, .. Maintenance Charges provided, for,inlhis Agreement commence on necessary adjustments and replacement ofunserviceable pans. .?, the effectivea datebas,... „?:FFlxed,',charges shall.,be,payabie in „ - :-, If maintenance is".requested to be. performed outside of ABC's advance.- Additional,char'ges.for?ytelered Service and/or Supplies ' normal working hours, ABC will charge" at the per call rates and shall be payable upon reoeipf,of;,lnvoIces. All charges specified terms then In effect. -' remain In effect for the tertnof the particular equipment specified on - the face hereof.-"After the, -initial:term expires, ABC may alter or F1 . IV. EXCLUSIONS . change the charges or conyitlons.` ABC maintenance service provided hereunder does not Include: -• ' ' ,." - (a) electrical werk'exlemal to 'the equipment, including problems "ABC may. at its option,, charge i ustomers with accounts delinquent in • resulting from overloaded orimpropercircuits' ..... •` - :excess of.thlity,(30) days a fnance charge on the overdue balance up . .. (b) repair of damage resulting from transient voltage surges or pourer to 1.75% per month (21%: per annum). ABC may at its option „•_.. surges either on the electric or telephonglines,,fre or an act of terminate this Agreement for payment delinquency in excess of thirty GOD; , (30) days. _ . „- (c) installation or alteration of tel ephone lines or jacks extemal to the equipment:. ... .. " There will be a 20% surcharge or an inspection fee with charges for (d) repair of damage resulting from accident, transpdrtatien, neglecl any new,parts needed, whichever is greater, to instate service on any or misuse; operation of the equipment outside the manufacturers out of warranty equipment. specifications, failure of-electrical power, air conditioning or •- humidity control or causes other than ordinary use; III. SCOPE OF ABC MAINTENANCE SERVICE (e) repair of damage caused, in full or in part; by the use of supplies ABC agrees to provide Maintenance Service between the hours of not approved for this equipment;. - .. 8:00 A.M. and 5:00 P.M.,"Monday through Friday, except legal holidays, referred to hereafter as ABC's normal working hours, to keep the equipment named end numbered on the face In good (Terms and Conditions continued on back of aooe) ... woridng order.,...- . .. EXCLUSIONS CON'T (f) I' misning 'platens of accessories; painting or'relinishiog;, the equipment or. furnishing material therefor, making specificallon changes or performing services;-connected with relocation of machines, or adding or ,mrr irrg, accessories.' attachments or other devices not supplied by ABC; (g) such service which is'impraclical' for-ABC, service representatives to render because of alienations to the, equipmentsi••or'[half connection by mechanical or electrical,mean s to devices; (h) normal key operator duties,:sueh `as`but'+not, limited to, ordinary - changes of supplies .(paper, film, ink, toner, developer,.mastor units, drums), routine. cleaning: of? plated glasses, miners, and cosmetic cleaning Hof equipment's interior orext@d6r,. (1) repair or replacementof equipment,parls;orsupplies in the even[ that such repair or replacenient'is a resulf-qf ..abuse, accident., theff, or damage, caused 'bysomeona,dlher then authorized ABC' representative. - V. SUPPLIES - (a) ABC sells',supplies that are ggaranleed to perform satisfactorily for all equipment covered by this agreement.. If supplies are. ri& Purchased from ABC; ABC; must, approve those supplies, or the. customer may be charged apremmm rateJor-all'funhersenvice. Customer Irresponsible for maintaining an adequate .invenmry . of supplies atmachino location. (b) ABC Bonus Program includes all supplies required to print, quantity of pages sla&d on face. 'Supplies required.to. print pages- uver fh'e quantity. stated during terin will be cliaiped at. the. ABC supplies pnees'then in effect. When the estimated yield of supplies -installed during ov_era©e,fenn are not'aicpacted to be used complefelyduring the terrn'of-this agraemenE,. charges for said.supplieswill ba pro-rated and invoiced;al end, of-Ibeaarm: VI. PREVENTATIVEMAINT6NANCE P.M. procedures require;lheseplacement of supply items at manu_fac- luret recommended interv als'`'- By Iaccepllhgithis-A?reeme`ht the customer agrees to maintain the recommended preventative ma€ntenarm lnterval?of tfus equllomdrlt. VII. ACCESS TO'EQUIPMENT ABC shall have full: and free-access to the,equipment' to provide .?servlce thereon and4Re'custamershalhprovide :wsafe place in,whlch to perform such ervice.`Customershall f6m4h print counts to ABC upon request: Re-imElallzmg dni<print counter by 'other than an ABG representative may result in Customer being charged' for an estimated number of pages base on previous average page' unts: If pemons other than Al service.represenlatives shall repair, modify by ABC is it qulred tc mstgre are equpment' to good _ operating condition, such Maintenance f5etvice mil tie, made ,al"ABC'_s applicable per call tales then ln effect. VIII. MAINTENANCE SERVICE, OUTSIDE AEC'.S NORMAL If the custcml to be perform Service avail, hourlyrstes-a billable in car charge of tvvq -ABC's normal request for t - cfeMnA ?riidnr having ed;°on-call remedial maintenance tutside,llit penod,of Mghte'r ice. Il.be furnished at ABC's per?call Travel'tir`,re and--ezpenses`aYe Ifntenance. Tlrere Isa minimum ravel late for calls taken culsida Ie purpose,ohthis.Agreement, any remedial Maiotenarce Service- tenance..Service' avaf€ability and- !r such period will betmmated as 'pedcd arid.ho additlonal charge' IX. SURGE PROTECTION REQUIRE0 Equipment shall be.properly-connected at at; tines via. both AC electitc'.and telephone' lines to an ABc approve'd surge. protector. Maintenance Service by ABC•requlmd'to restore Ilse equipment to good operating cdndilioh after malfunction caused' by Customers. failuredo. provide. proper. surge proleclion-will be.ma@e. at ABC`s per call rates then in effect. X. WARRANTY ABC'warrants that its equipment, parts, and supplies?will.be-free of defects in-ma lerial and wotkmanshipr A136 will replace.any,parles and supplies and repair or replace equipment; which -is' found to be de`fecttve!under, this warranty, if reported to ABC.within.30, days. ABC guarantees to'provide service on. all. equipment sold by,ABC as follows`- Five years or 250 thousand pages.; wricheveroccurs W,, on new machines' or- Three years or,'100 thousand pages, whichever occurs.fir,l, on used(demo) machines Provided that'said equipment has'bean covered.. by a ABG Maintenance -Agreement :far ttwe entire period specified above. A£terthe above penod;,ffia customer shall be. responsible fora oneitime equipment inlual€zalfon.cnarge:at thedtien' prevailing rates and be, charged a T!i%''premium on all further maintenance agreements. XL TRIP 'CHIARGEA°tnp charge at rates than effect may be made for service on Equipmenl7ocaled, over 50 milesmund trip from'ABC. XII. GENERAL; ABC reserves the, r6 to adtusttthespecified Maintenance.Charge if the equipment specifcahnns,,atlachmenta or features of any item of equipment are changed attar Ihe'dafe•hembf. ABC i6 not responsible for any'failure to-rendar service dueto,strikes or causes beyond its control.- The customer represents that she is the owner of the equipmanfs su6ject'to' this-Agreement or,-if ndf the owner, that he has the authority toenter into this Agreement. ABC shall be entitled, upon giving prior wriilen notice to the?CUslomer; to assign ifiis -Agreement, and ABC's_ riots hereuticlarlo. any agent. Failure to ,comply with any of rthe-terms and conditions of this Agreement b'y,fhe parties. shall be. cause of immediate termination of this'Agmement upon thirty (30) days written notice to. the parties. Any notice or other communication, given. hereunder shall be In writing and matled,afto ABC; is"the acidressof ABC's area office.shown on, this Agreement, ;and if'_to,the. customer to the. address of-the`custcmer shown on this Agreement or to such other address as such party shall -have:thereiofore designated by notrcetin writing. :Such' notice or communicalion shall be :deemed, delivered wlien sent postage 'prepaid;; cen f.ed:mai(retum reoaipf requested: ' This Agreementshall be, governed by uie. Yaws, off the Slate ot•Indfana 'arid cdnstiiutesthe•anihe agreement between ABC and'the customer with respect to the.' fumishing'of'ABC Maintenance.'-Service. No . provisi on. a( this,Agreernent shall be deemed waived.'afn_ended or modified by either party. Unless such be in,writing'sigded by the'party .against .whor i is sought 'to?be enf6rced. ADVANCED BUSINESS CONCEPTS 1089.3rd Avenue SVV,,Suite 102;_ Carmel, IN 46032-7568 Telephone (317)`844-1526 Fos (3t 7)5735060 it'15 a8 WORID4\YINFAXVFA:SPIA.000 Approved and Accepted this /9 day of 1996. CITY OF CARMEL, by and through its Board of Public Works and Safety ONE CIVIC SQUARE CARMEL, INDIANA 46032 r es Brainard, Mayor i atson, Member &2 AL - Billy alker, Member ATTEST: Diana L. Cordray, Clerk-Treasure W City of Carmel . December 27, 1996 Jack Barron. Advanced.Business Concepts 1089 Third Avenue.S.W., Suite 102 Carmel, IN, 46632-7568 Re: Agreement for Maintenance Services Enclosed is ,a_,copy of;' the signed contract approved by the Carmel Board of'F3iblic Works December 1S, 1,996`. Please call if Yqu have any questions. Sincerely, Rebecca L. Wolf ChiefDeputy Clerk cc: file, city atty, CCCC` DLC/RLW/rlw ONECIVIC '.SQUARE CAR.MFI.-INDIANA 46032 317E571-2400'