Gordon Flesch Company/Fire/15,241/copier Cordon Flesch Company, LLC
Fire Dept. -2013
Appropriation #102-670.99& #43-515.01; P.O. #24484
Contract Not To Exceed 515,241.00
ADDITIONAL SERVICES AMENDMENT TO
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AMENDMENT TO THE GOODS AND SERVICES AGREEMENT ("Agreement") entered into by and
between the City of Carmel and Gordon Flesch Company, LLC. (the "Vendor"), as City Contract dated 04.21.10.04
shall amend the terms of the Agreement by adding the additional services to be provided by Vendor consistent with
the Scope of Work attached hereto and incorporated herein as Exhibit "A". Furthermore, the terms of the Agreement
shall be amended to include the E-verify requirement as stated in Indiana Code § 22-5-1.7 et seq., which is attached
hereto and incorporated herein as Exhibit "B", as wet as the required E-verify Affidavit, attached hereto and
incorporated herein as Exhibit "C". Also, pursuant to I.C. § 5-22-16.5, Vendor shall certify that in signing this
document, it does not engage in investment activities within the Country of Iran. The terms and conditions of the
Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows:
•
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By: By:
James Brainard, Presi.ing Officer A t oriz!d •gn:,ure
Date: : '. J->Z /�:-r --3-7 S k k e,tn
• AP Printed Name J
Mary A'n Burk Meg-14r
Date: 7 '/CS — I, 3 Ftra;tvel. 1V Ain-e(
Title
Lori S. Wats.•, ember FID/TIN: 39_ ��� 3 I a5
Date: 7/it 113
Last Four of SSN if Sole Proprietor:
ATTEST: 9 — f
u //"� b'andra M.Johnson, Date: 9 0 {-3
i4iJLG c4 c Deputy Clerk for
Diana Cordray, Clerk-Treasurer
Date: 771/43
C\I)rniJSlinl¢rnNpP�+uLLwh\Irmwi1I/W,,,d,, TCrv,mm�Immi[llit oCoincni.P,,lwk\\'HPXL.SPIIAPP'I.S,u ArvcoJ(bNOn Ilesd,doc WI 1/2/13 J!5 l P111
CITY OF CA :PP< "'kJ f. EL
Fire Department Headquarters
2 CIVIC SQUARE
CARMEL, INDIANA 46032
317-571-2600
September 10,2013
Mr. Patrick Ritchie
Gordon Flesch Company, Inc.
9200 Keystone Crossing, Ste. 100
Indianapolis, Indiana 46240
RE: Additional Services Amendment#1,(PO#24484)
Dear Mr. Ritchie:
As we discussed, the City of Carmel has a need for additional professional services and pursuant to our
current contract with Gordon Flesch, dated 04.21.10.04. I have requested and received from you the
proposed scope of services and fee estimates for the following work task:
Additional Service: Purchase of Copier- Station 41
Other Equipment& Maintenance Contracts-Equipment
Not to Exceed: $15,241.00 for Copier and Equipment &
$650.00 for Maintenance Contract for remainder of 2013
Per our contract procedural requirements, I hereby approve this "Additional Professional Services" estimate,
and request that the Board of Public Works ratify the above reference Contract Amendment,
PLEASE NOTE:
Be advised that"Additional Services" performed on city contracts must be billed separately from the original
contract and other additional services. More importantly, the invoice must reference the appropriate
Additional Services # and include the P.O.# shown above. Invoices submitted without this information
will be returned to your office. Thank you for your continued assistance in providing the City of Carmel
with your professional, quality services. If you should have any questions, please give me a call.
Res °• 'ally,
/ -1
Matthew F. Hoffman
Fire Chief
City of Carmel
Cordon Flesch Company, LLC.
Fire Dept. -2013
Appropriation #102-670.99& #43-515.01; P.O. #24484
Contract Not To Exceed 515,241.00
Exhibit"C"
E-Verify Affidavit
37 rei -37 c4\4e-27) , being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
Go ra 0 t ElescL (the "Company") in the position
of Kra,.,c1,, fv1cn,aSo2 .
3. I am familiar with the employment policies, practices, and procedures of the Company and
have the authority to act on behalf of the Company.
4. The Employer is enrolled and participates in the federal F-Verify program and has
provided documentation of such enrollment and participation to the City of Cannel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.lle‘EXECUTED on the 1 1 n day of �t' '-lUatil� � , 20 IS .
Printed: ic4.1-4----
P nre S S 17c,h cwr t
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representati ns are true andd�correct.
14
4 /�
Printed: 7- Pr-e J ' .5 k ,QA
IC[U.sc,f[I slali coM ppDaa/�IVMIemw11/Mindows'Ne,pu_Imemo PllcS.Connt Outlook\\'HPENSBIAddI S, 5 Amend Conlon Ple¢l,Pic9/1120IJ 1'.52 PM)
p( GORDON FLESCH
ma 0 R or:cnwm
j C O M r 4 N Y, I N C.
DATE: 09/09/2013
ORDER FORM P.O.#; `�
TERMS: lve-4— GO
CONDITIONAL SALES CONTRACT AND SECURITY AGREEMENT
PHONE#: (317) 571-2616
City of Carmel Fire Department Same IL
F; 2 Civic Square lqj
00t_ N
$ Carmel IN 46032
,),Quantity <SOltri =t itipment ,S lle or Accessories l U i Piice Amo4:riir i
1 Sham MX-5141 with Saddle Stitch Finisher& 3-Hole Punch 15,241.00 15,241.00
1 Martin Yale Folder 1501X 0.00
" - .Total $15,241.00
COMMENTS
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON TWO PAGES WHICH ARE MADE A
PART HEREOF AND WHICH YOU ACKNOWLEDGE THAT YOU HAVE READ. By signing this Agreement, You agree to
the terms on both pages 1 and 2. GFC and You agree that a facsimile, scanned and/or e-mailed or otherwise
reproduced signature on this agreement shall be a binding signature and carry the same legal force as an original
signature.This agreement may be executed in counterparts,which collectively shall be deemed one agreement.In
addition to the total amount, customer shall be responsible for payment of any sales, use or similar taxes attributable to
this transaction. Note: This order Is given by the Authorized Individual subject to all of the terms and conditions of the
sale on the reverse side hereof, which conditions are expressly agreed to and are incorporated herein, and is subject to
.tance by the Gordon Flesch Company,Inc.
�AP @if c , /--,)
Account ExecutiveSignature Authorized Signature Printed Name uthorizedSignature
CF (*) 'ti.".k prat °A
COMMITTED TO HELPING RUSINESS RUN SMOOTHLY
Order Form v1.G—Re+A7012012 CONFIDENTIAL Page II.
Wi. GORDON FLESCH vll.cn�nm
Y
TERMS AND CONDITIONS OF SALE REFERRED TO ON FACE OF ORDER
AND EXPRESSLY AGREED TO BETWEEN BUYER AND GORDON FLESCH CO., INC.
1 Title to said property shall not pass to the purchaser until obligation is 7. Purchaser acknowledges that GFC may install certain harcw are or
fully paid. Software on its computer, computer network and/or other office
2.No transfer, renew al, extension or assignment of this contract or any equipment. Purchaser acknow ledges that d is advisable and is its'sole
m
interest thereunder, or loss, damage, injury. or destruction of said responsibility to use virus protection software on all computer equipment
property shall release purchaser from his obligation hereunder;assignee and back up all data on As computer equipment that it deems
of seller shall be entitled to all the rights of seller. necessary, prior to GFC's installation of the Equipment and Sofhrr are
and servicing of the Equipment. In the event any data is lost or
3.The property shall remain strictly personal property whether placed upon corrupted, purchaser shall restore such data at purchasers'sole cost.
a permanent foundation or in what manner affixed or attached to the Purchaser assumes all risks including loss or corruption of data, and
building or structure in w hich it may be contained. Any affixing, in any liability for the equipment and for the maintenance(except to the extent
manner,of the property to the building or structure shall be misuse in the of a maintenance agreement it may have with GFC) use,possession,
meaning of Paragraph 6 below. operation, maintenance, storage and condition Thereof.and for injuries
4.There are now arranties,express or implied,representations,promises or or death resuhing to any persons and damage to any property or loss or
statements in connection w th the sale of property hereunder except as corruption of data arising therefrom. Purchaser further agrees to
may be set forth in manufacturer's current warranty applying to property assume liability for,and to indemnify and hold GFC harmless against,all
covered by this contract. claims, losses, costs, expenses, damages, penalties and liabilities
arising from or pertaining to the manufacture, purchase, financing.
5.Time is of the essence of this contract. Any installment or amount assembly, installation, ownership, delivery, rejection, non-delivery,
payable hereunder, f unpaid five(5) days after it becomes due, shall possession, use, transportation, storage, operation, maintenance,
include interest thereon at the highest lawful contract rate from the due repair, condition, or return or other disposition of the equipment, and
date. In the event that any installment shall not have been paid within data loss or corruption, together with all legal fees and expenses
thirty (30) days after it becomes due and payable, the purchaser Incurred by GFC in connection with any liability asserted against it.
expressly acquiesces in the right of the holder of this contract to delegate
a representative to endeavor in person to collect such unpaid installment 8. Purchaser agrees not to sell any of the property covered by this contract
and in,acknow ledgement thereof,the purchaser hereby agrees to pay a without permission of seller. Any attempt at resale shall constitute
further charge in a sum equal to five per cent (5%) of such unpaid misuse w thin the meaning of Paragraph 6 above. Purchaser further
installment, but such care shall neither be less than one dollar, nor agrees neither to remove nor to allow to be removed the equipment
exceed five dollars in any event.The purchaser agrees,in the event this fromthe county or fromthe stale to w hob delivered,without consent of
contract is placed in the hands of an attorney for collection,to pay fifteen seller Such removal shall constitute misuse w'thin meaning of
percent(15%)of the amount due or such lesser suns may be permitted Paragraph 6 above.
by law,as attorney's fees. 9. All remedies of sellerw hether provided for in this contract or conferred
6.If the purchaser defaults in any payment or compliance w ith the terns by law are cumulative rights and not alternative and may be enforced
hereof, or a proceeding in bankruptcy, receivership, or insolvency, be successively or concurrently.All words used in this conditional sales
instituted against the purchaser or his property,or the seller deems the contract shall be understood and construed to be of such gender and
above property in danger of misuse or confiscation,the seller shall have number as circumstances may require.Any provision hereof found upon
the right,at his or its election to declare the unpaid balance,togetherw ith judicial interpretation or construction prohibited by law shall be
any other amount for w hich the purchaser shall have become obligated ineffective to the extent of such prohibition without invalidating the
hereunder, to be immediately due and payable, and the seller or any remaining provision hereof.This agreement,except as to the warranty
officer of the law may take irrrrediate possession of said property from referred to in Paragraph 4 and the address to be hereafter furnished for
any possessorwith or wthout demand or notice(possession after default payment of installments constitutes the entire contract and now avers or
being unlawful).including any accessories thereto,and for this purpose modification shall be valid unless written upon or attached to this
the seller may enter upon the premises w here said property may be and contract.
remove same.The seller may resell said property at public or private sale 10,FUrchaser authorizes seller or seller's assignee to prepare and file a
at any location,without demand for performance,with or without notice or financing statement covering the collateral described herein,together
advertisement,with or without such property at the place of sale, and with proceeds and purchaser will at seller or seller's assignee's request,
upon such terns as the seller may determine; the seller may bid at any execute said financing statement for filing.
public sale. From the proceeds of any such sale,the seller shall deduct
11.The collateral w ill be kept at the address shown on the front of this order
all expenses of retaking,repairing and selling such property.including a form,and such location will not be changed without prior ntof this
consent
reasonable attorney's fee. The balance thereof shall be applied to the of Secured Party.
amount due;any surplus shall be paid over to the purchaser.and in case
of deficiency, the purchaser shall pay the same with interest at the 12.To secure payment and performance of Debtor's obligations in the
highest lawful contract rate plus costs of collecting the deficiency.Such Agreement, and all Debtor's future debts, obligations and liabilities of
repossession shall not affect seller's rights,hereby confirmed,to retain all whatever nature to Secured Party or Secured Party's assignee
payments made prior thereto by the purchaser hereunder, nor shall ("Obligations").Debtor grants to Secured Party a security interest in the
failure to repossess be a waiver of the right to repossess.The seller's goods described above and all accessions to, and spare and repair
acceptance,after the full amount may have immediately become due and parts,special tools and equipment and replacements for,and proceeds
payable as herein before provided,of any installment of payment or part of all or any part of the foregoing("Collateral").
thereof shall not be deemed to alter or affect the purchaser's obligations 13.Each person signing this Agreement other than Secured Party is a
and/or seller's rights hereunder with respect to any subsequent payments Debtor, and the obligations hereunder of all Debtors are joint and
or default therein. Institution and prosecution of suit on default of several.This Agreement benefits the Secured Party,its successors and
purchaser shall not constitute a waiver of seller's other rights.Purchaser assigns, and binds the Debtor(s) and their respective heirs, personal
agrees that on seller's repossession there shall be no charges to seller representatives,successors and assigns.
for rent or storage of said property. Purchaser waives all rights on the
repossession of said property by seller to retention by seller of said
property for a specified time and to statements of indebtedness by seller.
€ 4 !4' �°•
COMMITTED TO HELPING BUSINESS RUN SMOOTHLY
Order Pam v10-Rev07012012 CONFIDENTIAL Page 12
TONER INCLUSIVE •
( GORDON F l E S C H® MAINTENANCE AGREEMENT
C O M P A N Y, I N C . DOES NOT INCLUDE SUPPLY SHIPPING AND HANDLING COSTS
Techno.opy the°waexn.People e,he perform.
EFFECTIVE Install days or n/a copies after installation date,
Thru 1 yr
PROVIDES THIS IS NOT AN INVOICE
COPIES/
CLEANING ID ANNUAL BASE PRINTS EXCESS
The Equipment is kept clean and attractive NO. MODEL# SERIAL# CHARGE PER UNIT INCLUDED CHARGE
by tested techniques and specially I MX-5141 B&W: $.0079 0 $.0079
designed tools. Essential lubrication after
cleaning is with prescribed lubricants. ( C: $.045 0 $.045
PLANNED PARTS REPLACEMENT I
Parts are checked for wear and are I i
replaced without charge on an exchange
basis except where the Equipment has
been misused or abused.
SERVICE CALLS
Service is without charge during GFC's
normal business hours. Total '
GORDON FLESCH COMPANY.INC. Comments
MEANS SERVICE
GFC's service representatives are
thoroughly trained to service the
Equipment. Their prime objective is 1
translating sound technical knowledge into In addition to the total amount due,you shall be responsible for payment of any
the prompt,courteous attention your sales, use or other taxes and fees attributable to this transaction or the Equipment.
Equipment needs.
Important Information Required:
MODERNIZATION Name of person responsible for obtaining meter readings: (Automatic) Jean hunker
Selected engineering changes that reduce
service time and improve Equipment
Phone# Fax# E-mail
performance may be made on late models
where feasible at no additional cost to you. (317) 571-2616 I jjunker @carmel.in.gov
Contract INCLUDES- Photo-Receptor Developer/Initiator Silicon and Fuser Oil Waste Toner Containers
Drum Pro-ration Charge: "/a
Beginning Meter Reading:
Customer(also referred to herein as"you") hereby orders maintenance service and the GORDON FLESCH COMPANY, INC. ("GFC")agrees
to furnish such service for the personal property listed above("Equipment")in accordance with the terms and conditions herein specified.THIS
MAINTENANCE AGREEMENT("Agreement") IS SUBJECT TO APPROVAL OF A GFC SERVICE MANAGER.
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON TWO PAGES WHICH ARE MADE A PART HEREOF AND WHICH YOU
ACKNOWLEDGE THAT YOU HAVE READ. By signing this Agreement,you agree to the terms on both pages 1 and 2. GFC and you agree that a facsimile,
scanned and/or e-mailed or otherwise reproduced signature on this Agreement shall be a binding signature and carry the same legal force as an original
signature. This Agreement may be executed in counterparts,which collectively shall be deemed one Agreement.
The term of this Agreement will be extended automatically without notice, for successive one year terms unless you provide GFC written notice that you do not
want to extend, at least thirty(30)days before the end of the scheduled term or any extended term. GFC may terminate this Agreement at any time by giving
you thirty(30)days prior written notice. GFC may assign the service and supply portion of this Agreement without notice to you.
Customer Acknowledgement Initial
By: Patrick Ritchie 09/09/2013 City of Carmel Fire Department
GFC Representative Date Ship to Customer Name
8
C her Signature Date
Please Print Signature Name Title
Purchase Order* 2 Civic Square
PLEASE PROVIDE CURRENT PO#IF APPLICABLE Ship to Customer Address
Carmel IN 46032
City State Zip+4
PLEASE COPY BOTH SIDES FOR YOUR RECORDS AND RETURN THIS ORIGINAL.
1 Rev.05212011
TERMS AND CONDITIONS
1. CHARGES - You agree to pay GFC all charges due hereunder in a timely longer readily available from the original manufacturer of the Equipment,GFC shall
manner. Terms are net ten(10)days. GFC may invoice you in advance for the be released from its obligations pursuant to this Agreement.
initial maintenance charge upon receipt by GFC of a fully executed copy of this
Agreement. You shall also pay a prorated amount for any partial monthly billing 4. WARRANTY - GFC warrants only that; (1) it will make maintenance service
period,for the days between the effective date and the dale of the first full monthly available for each unit of Equipment covered by this Agreement pursuant to the
billing period based on a 30 day month, Alterations, attachments or specification terms hereof,provided that the Equipment is located in a GFC servicing area,and
changes to the Equipment may result in an increase in maintenance charges. (2) all pans furnished hereunder will be free of defects in material and
Prices and charges set forth herein are subject to an annual increase,on or about workmanship at the time of installation.
the anniversary date of this Agreement. GFC reserves the right to add an
additional charge from time to time for the purpose of offsetting fuel-related costs, 5. RECONDITIONING -When in the opinion of GFC, a shop reconditioning is
necessary for any of the Equipment because normal maintenance,repair and pads
If you fail to pay any sum to GFC within ten(10)days after the due date thereof replacement cannot keep a unit of Equipment in satisfactory operating condition,
you shall pay to GFC a late fee of 5%of the overdue amount plus accrued interest GFC will submit to you a cost estimate of needed repairs, which cost will be in
on the late payment from the expiration of said ten(10}days until paid, at a rate adeition to the maintenance charges provided for herein. If you do not authorize
equal to the lesser of 1.5% per month or the highest legal rate permitted. and pay for such work GFC may refuse to extend this Agreement for the unit or
Maintenance may include adjustment, parts replacement, drums and cleaning may exclude the unit from this Agreement after giving you thirty (30)days written
material required for proper operation of the Equipment. On consumable supply notice.
inclusive contracts, consumable supply usage is based on published vendor
yields. Should your use of consumable supplies exceed the published yields for a 6. ENTIRE AGREEMENT - This Agreement constitutes the entire contract
particular piece of equipment by more than 10%, you agree to pay additional between GFC and you with respect to service of the Equipment covered by this
charges for such excess usage, You shall provide meter readings to GFC and Agreement and no oral or written statements not expressed herein shall be binding
inventory of consumable supplies in your possession upon GFC's request. In on GEC.
addition,in the event you fail to return any unused consumable supplies at the end
of this Agreement, GFC reserves the right to invoice you for such unused 7. LIMITATION OF LIABILITY—GFC shall not be liable to you for any indirect,
consumable supplies upon termination of this Agreement by either party. special or consequential damages, or lost profits, arising out of or related to this
Agreement. GFC's liability to you, if any, shall in no event exceed the amounts
Parts to be furnished will be furnished on an exchange basis and will be new pans paid by you pursuant to this Agreement for a period of 12 months prior to the date
or parts warranted to perform as new when installed in the Equipment. GFC shall the claim is made by you.
not be responsible for damage that occurs in connection with the Equipment due
to misuse, intentional acts or negligence by you or anyone other than GFC. B. BACK-UP OF MEMORY-You acknowledge that it is advisable ana your sole
Maintenance shall not include electrical work external to the Equipment. responsibility to use virus protection software on all Equipment and back up all
Maintenance does not include any third party software or programming unless data on your Equipment that you deem necessary, prior to GFC's servicing of the
specifically provided herein. Equipment. In the event any data is lost or corrupted,you shall restore such data
at your sole cost
2. DEFAULT AND CROSS DEFAULT- If you fail tc pay any amount herein within
ten(10)days after it is due and payable,or fail to perform as required herein within g. INDEMNIFICATION- You shall assume all risks including loss or corruption of
ten(1 0)days after notice thereof from GFC. or if you suspend business, become data,and liability for the Equipment and for the use,possession,operation,storage
insolvent, enter into or petition for a creditors' arrangement, or if a receiver is and condition thereof, and for injuries or death resulting to any persons and
appointed for any of your property, or if you shall suffer an adverse material damage to any property or loss or corruption of data arising therefrom. You further
change in your financial condition from the date hereof, and as a result GFC agree to assume liability for,and to indemnify and hold GFC harmless against, all
deems itself to be insecure,or if you shall be in default under any other agreement claims, losses, costs, expenses, damages, penalties and liabilities arising from or
with GFC,you shall be in default pursuant to this Agreement and GFC shall have pertaining to the operation, maintenance, repair, condition, or retum or other
the right to exercise any one or more of the following remedies: (a) refuse to disposition of the Equipment, and data loss or corruption, together with all legal
continue to service and/or provide parts and consumable supplies for the fees and expenses incurred by GFC in connection with any liability asserted
Equipment, or(b)furnish service and/or parts and consumable supplies only after against it. The agreements and indemnities in this section shall survive the
being paid in advance for such service and/or parts and consumab'e supplies, at expiration or termination of this Agreement.
the price and rate then regularly charged by GFC for such service and/or parts and
consumable supplies. GFC shall have the right,but not the obligation,to elect that 10. OFFSET-You hereby waive any and all existing and future claims and offsets
the entire balance of the fees and charges called for under this Agreement be against any payments due hereunder, and agree to timely pay all amounts due
accelerated and immediately due and payable. You agree to pay GFC's costs and hereunder regardless of any such claim.
expenses of collection, including reasonable attorney's fees, If you are in default
with respect to this Agreement,you will be deemed to be in default with respect to 11. NON-WAIVER AND NON-CANCELABLE — No covenant or condition of this
all other agreements you have with GFC. Agreement can be waived except by the written consent of GFC, Forbearance or
indulgence by GFC in any regard shall not constitute a waiver of your obligation to
3. MAINTENANCE-During the initial term of this Agreement and any extension of perform the covenantor condition, and until you completely perform said covenant
a term, GFC will provide maintenance and repairs on each unit of Equipment or condition, GFC shall be entitled to invoke any remedy available to GFC under
covered by this Agreement as reasonably necessary in GFC's sole discretion,to this Agreement or by law or in equity. Except as otherwise provided herein, this
maintain the Equipment in good working condition, At your request, GFC will Agreement is irrevocable by you for the kill term hereof and until you have paid all
provide additional maintenance on any unit of Equipment covered by this charges herein required,
Agreement at GFC's then prevailing rate for additional maintenance calls not
covered by a maintenance agreement. All regular maintenance included in this 12. MODIFICATION —Neither this Agreement nor any supplement or rider can be
Agreement will be performed during GFC's normal business hours. modified or amended except by written agreement signed and currently dated by
the parties hereto.
If the Equipment is not made available for service at the location indicated on this
Agreement at the time GEC's service representative calls to perform regular 13. MISCELLANEOUS — This Agreement shalt be governed by and
maintenance,the maintenance will be performed only at your request, There will construed in accordance with the internal laws of the State of Wisconsin.
be no refund if in any such case you fail to request maintenance. This Agreement You agree that notwithstanding where you or the Equipment are located,
does not cover;(1)service or parts required by causes other than normal use of jurisdiction for any dispute between the parties shall be in Wisconsin, and
the Equipment, including but not limited to, acts of God, acts of civil or military shall be venued in Dane County,Wisconsin. You and GFC waive any right to
authority, government requirements, war, riots, insurrections, fires, explosions, a fury trial regarding any dispute among the parties.
earthquakes, floods, unusually severe weather conditions, or necessitated by the
installation of or malfunction of unauthorized software, parts, attachments or
devices, or (2) expendable consumable supply items such as copy paper or
toners, GFC shall not be responsible for failure to render service due to acts of
God, ass of civil or military authority, embargoes, epidemics, government
requirements, war, riots, insurrections, fires, explosions, earthquakes, floods,
unusually severe weather conditions, strikes or other labor disputes, or
unavailability of materials and/or components and other causes beyond its control,
The obligation of GFC to provide replacement parts under this Agreement is
conditioned upon the availability of the parts from the original equipment
manufacturer. Toner cartridges used by GFC in the equipment may be new,
remanufactured or reprocessed, In the event that replacement parts are no
2 Rev.06-212011