HomeMy WebLinkAboutPerle Systems Limited F~JZABETI4 A. NEVILLE
TOWN CLERK
i~EGISTtk~ OF VITAL S~TATISTICS
MARRIAGE OFFICER
RECORDS ~E~ OFFI~R
F~EDOM OF ~FO~TION OF~CER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone {631) 765-1800.
OFFICE OF TI-IE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 479 OF 2001
WAS ADOPTED ATTHE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 3, 2001:
,RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Coehran to execute a maintenance agreement with Perle for the Perle controller
installed at Feather Hill, subject to the approval of the Town Attorney, and be it
FURTHER RESOLVED that the $240 annual fee for said agreement shall be a legal charge to
the Central Data Procesaing budget.
Elizabeth A. Neville
Southold Town Clerk
COPY"
Maintenance Agreement
Tt~s Maintenance Agreement applies to Perle Product
serviced in the United States of,America. The "Perle
Product" is defined as
AllPerle 494 product~ and Perle d~vel0Ped Software.
Ail Model Ji products affd P~e deyeloped Software.
( ~ll 833 pro~uc,~ ,and Perle deyelop.ed Software,
( All,M3Pc prodhets and Merle deYelpp~cl Software~
( 51~ 394 p~oclp, ets .and.Per!e deve,lop~d S?ftware~
purc~ase~
Definitions:
Return tO Depot (RF) - Perle Hill provide service for the
Perle Product at a Perle Authorized Service Center,
Purchaser will prepay all shipping and insurance costs to
the Perle Depot.
Exprless Replacement (RI or EX) - Perle will provide on
an e~ghenge basis modular parts or replacement
eqni¢[ment shipped prepaid to the purchaser site. The
r will prepay all sMpping and insurance costs m
the ][ parts being returned.
-A Perle Authorized On-Site
: for the Perle
availability ora service technician, the Perle
Service Provider will use their best
arrive at the installation site bem,een the, hours
trough Friday,.
from
,~ where service IS required. ][f the Pumhaser's
e that!100 miles from the nearest
~ Service~ Provider stocking
service
least
the opuon of
afl alternate means
- A Perle ~Authorized On-Site
for the Perle
efforts .to arrive at the installation site within 4 hours
after confirmation from Perle where service is required. If
the Pumhaser's installation site is more that 100 miles
from the nearest Perle AuthorizedOn-Site SevAce
Pr6vider stocking location, Perle h~ the option of
pro~lding,~n-sl e sertqce or prov~ an al~rnate means
of~systera repair.. If the Purchaser ha~ not rpgtst~d the
insrallation site at least 1 fi~ days prmr t~ ,r. ec~nirkrg serv~ice
Perle has the ~ptaon~ 0f providingon~s~te setwtce or
pro~difig an ,altematemeans o~' system rep,/ir.
Service Provided
Perle agrees to provide for Purchaser maintenance services
for the equipment identified, at the Service Level, and for
the term indicated o~ each Equipment Schedule. If the
Perle Product fails during normal and proper use within
the Maintenance Agreem¢ur period, Perle will, at its
option repair or replace the unit, Repair parts provided
under this Agreement may be new, reconditioned or used.
The Service Levels available areidentified in the Table t-
Perle Product Service Level Availability. This
Maintenance Agreement does not include service to repair
damage from improper installation, accident, disaster.
mmuse, abuse or non-Perle Authorized Service Provider
modifications made to the Perle Product,
Service Claim Requirements
The Purchaser service claims made pursuant to this
Agreement must conform to the following requirements:
Technical Support
Perle offers toll-free Hot-line Technical Support for Perle
Product hardware and software during the Term of the
Agreement. Technical Support is available seven (7~ days
a week, twenty-four (24) hours a day. Technical Support
is limited to telephone installation and configuration
support only.
upon ;fa service technician, the Perle
AUth r will use their best
Software Protection
During the Term of the Agreement, Perle shall:
1. Provide access to new Software releases from the
Perle web site.
2. Correct any re-creatable defects found in the Software
by the Purchaser within a reasonable time frame
def~edby Perle, provided that the Pamhaser has
installed ttie~mosr reeent.vemion of the Software.
Suctt corrections will be furnished at'Perle's
d~retion anO ~y, be released for genera[ usd. Perle
reserves the hgl~t to ma~ke any such corrections in a
later version of Soffrrare.
Return to ,Depot Service
1. The Purchaser must request:informatioa on how to
obtain maintenance by calling the Perle Technical
Assistance Ceuter at I 800337 3753.
2. Upon confa~ation that Set'Cite is required, the Perle
Product must be returned to a Perle facility, which
performs maintenance service in the country of
original purchase.
3 The Purchaser must ship prepaid the Perle Product in
the orig/nal pr e~tuivalent packagifig to the Perle
Depot. Tl~e p~ckaging must he clearly marked with
the RMA ~ode pr0v~aled.
Perle will ship Ptoduct prepaid tothe Pumhaser at a
location within the uounu-y of original purchase
normally within 30 dayg of receipt at the Perle
Depot.
Express Replacement Service
1. The Purchaser must request information on how to
obtain maintehanee service by calling the Perle
Technical Assistance Center at 1 800 337 3753.
2. Upon confirmation that Service is required, Perle or a
Perle Authorized Service Provider will ship prepaid
via express service modular parts or replacement
equipment on an exchange basis to the Purchaser at a
location within the country of original purchase.
3. Slfipments are made between 9am and 5pm Eastern
Time. Monday through Friday, excluding holidays.
4. The Purchaser must within 15 days ship prepaid the
replaced modular parts or replacement equipment in
the packaging received with the exchange modular
parts or replacement equipment to the Perle Depot
The packaging must be clearly marked with the
RMA code provided. Perle reserves the right.to
charge the Purchaser and the Purchaser agrees to pay
for replacement modular parts or replacement
equipment that is not returned as described above.
On-Site Service
I. The Purchaser must request information on how to
obtain maintenance service by calling the Perle
Technical Assistance Center. ar 1 800 337 3753.
2. Upon continuation that Service is required Perle or a
Perle Authorized On-Site Service Provider will be
dispateh~&
3. Contingent upon the availability of a service
teehn/~ian best efforts will be made to arrive at the
installation s[te during thehours and days applicable
to the Service Lextel, and within 4 hours after
notification to Perl~ and/or a Perle Authorized
Service Provider.
If a Perle.cab]~ or diskette has a defect, Perle will
replace the compdnent but will not service it on site.
Express Replacement Service will be provider[
5. · Parehaser agrees to provide prompt access to the
equipment and software consistent with Purehasar's
standard securky requirements. Purchaser shall
provide reasonabte~assistance and facilities including
working.apace, electricity, and a local telephone line
so as to expedite the performance of services.
If neither the Purchaser nor the Purchaser's agent is
present atthe Purehaseds location for the scheduled
arrival of the Perle or Perle Authorized technician, no
Ou-Site Serried will be provided. Purchaser's
recourse for repair will be te receive Return to Depot
Service.
Pumhaser shall, at Purchaser's expense, prepare and
maintain the installation ~ite in accordance with
Perle's published specificati~sns for operating
eI~Vlronmems.
General
Any upgrade(s) purchased by the Purchaser for the
equipment shall be reported to Perle in writing, to have
the upgrade(s) added to the Eqpipment Schedule for the
affected equipment. A revised Equipment Schedule will be
completed and issued by Perle to Purchaser, iactfiding
charges for the additional coverage to the end of the next
Anniversary date.
Purchaser shall notify Perle in writing prior to the
relocation of equipment, so that Perle can determine if
servmes are available for the new location and adjust its
servme records, including the Equipment Schedule, for the
relocated eqmpment. Perle will notify Customer if it is
unable to provide services in the new location, or if any
additional charges may apply. A revised Equipment
Schedule will be completed and issued by Perle to include
any additional charges to the end of the next Anniversary
This Agreement is non-transferable hy the Purchaser to a
third party, and may not be a~signed without first
obtaining written approval from Perle.
Exclusions from Agreement
The following items are specifical.ly excludedfrom this
agreement:
a) Pfimhaser-reqaested replacement of parts or equipment
and on-site service for which the trouble found is not
the £a~k of the original equipment. Such service(s)
will be invoicec[ to the Purchaser as an additional
charge.
I~stallati_ou; de-instal'lation, or relocation of the
equipmem.
Charges
Purchaser will prepay Perle the lessor of the full mount
or twelve (12) months of servtees to be provided under
this Agreement for each item of equipment, prior to the
effective date shown on the corresponding Equipment
Schedule. Purchaser will also pay taXes applicable to the
service provided under this Agreement for each item of
equipment. If prepaid services are terminated, Purchaser
will receive a pro-rated refund only for the unused prepaid
services beyond th6 first six (6) months. Any changes in
charges will take effect on the anniversary of the
Agreement
Coverage Available
Product Service Level Options
Perle 494 family of products W4, RF, EX, R1, R2 or
R4
Perle 394 family of products W2, W4, RF, EX, RI, R2
or R4
Perle Model 3I P,.F, EX or R1
Perle M3PC RF, EX or E1
Perle 833 RF, EX or R1
Perle 833AS W2, W4, RF, EX, R1, R2
or R4
Table 1- Perle Product Service Availability
Term and Termination
For Service Level Options W2, W4, R1, R2, and R4,
this Agreement and the service(s) provided under this
agreement is for the initial period indicated on the
corresponding equipment schedule for each item of
equipmefit and will commence on the effective date shown
on the corresponding Equipment Syhedule(s). The term
will automatically renew on the Anniversary date unless
terminated under the provisions of the Agreement.
For Service Level Options RF and EX,.thls Agreement
and the service(s) provided under this: agreement
terminates 30 days after shipment o£modular pans,
replacement equipment or repaired equipment m the
Purchaser.
Either party may terminate this Agreement for any
item(s) of equipment, atany time, upon sixty (60) days'
written notice to the other party.
Perle may terminate this Agreement or suspend its
performanc6 hereunder for any item(s) of equipment at any
time after the effective date, if the Purchaser fails to make
payment ~hen du~ or fails to perform or observe any
other conditions of this .Agreement.
Excusable Delays
Perle shall not be deemed to be in default of any
provisions &this Agreement or liable for any delay,
failure in performance, or interruption of service resulting
from acts of God, transportation delays, strikes, lockouts,
government action, inability to obtain materials or
services from suppliers, or any other force majeure
beyond its reasonable control.
Warranty Disclaimer
Perle shall provide the services under this Agreement in a
workmanlike manner. Aside from the foregoing, Perle
makes no representations or warranties regarding its
services under this Agreement. Perle expressly disclaims
any implied warranty of merchantability or fitness for a
particular purpose regarding the services provided
hereunder.
Liability/Indemnification
Neither Perle nor its subcontractors shall be liable for any
loss of revenna, profit, property or use. or for indirect,
consequential, special incidenlal, punitive or contingent
damages or expense, whether in contract,
tort or otherwise, arising out of or in connection with
this Agreement. Perle and its subcontractors' liability
hereunder shall be limited to the amounts actually
received by Perle hereunder. Both Perle and Purchaser
agree to indenmify and hold the other harmless from any
and all liability, loss o~ damage the other may suffer as a
result of claim, demands, cost or judgments by any third
parry arising out of the negligence.
Governing Law
This Agreement shall in all respects be governed by the
laws of the province of Ontario, Canad~
Entire Agreement
The terms and conditions of this Agreement constitute the
entire agreement betw6en Perle mid Purchaser relating to
the subject matter of this Af~eement, and supersedes all
prior ~c~ts 'or ~nder~mndr~/gs ~ardin~ Se/~iee~'
provide~c[' No modiffeiation ofthig Agreemeht sl~allbe
effective unlil .~omSm~ed in -~vrlting 1~ Perle.
Agreed to:
Name: Jean W. Co~hran
Title: Supervisor. Town of Southold
Date: 9120/01
Agreed to:
Perle Systems Limited
60 Renfrew Drive
Markham, OntmSo, Canada
L3R 0El
Title:
Date:
Town of Southold
0
To: Mary Wilson
From: Joh~Sepenos~i
CC:
Date: 6/12/1
Re.' Perle Support Agreement
Please rewew the attached Pede maintenance agreement and have the Supervisor sign it when
approved. The agreement needs to be in place by 7/21/1. This agreement covers the controller
installed at Feather HilJ by ACS. Although the controller was only installed last month ACS 3urchased it
last July so the warranty ends on 7/20/1 and the Town is responsible for maintenance from that point
onward according to the ACS agreement.
Site Location and Equipment Information:
ITOWN OF SOUTHOLD
!Smrl!tmo, NY, ~]ED 8TAI'F.S. tm~l
..Site .c_p~caqt_ ......... $1_t.e~ Numl~er ._.
JOHN SEPENOSKI 96530001
.... E_cl_q!p m e_ n_t__l~es c ril~tio n :..,
S_er. ia[ Numbe__r ....... Servic__e.Cod~e..~- . '~ Curr~-.CY' :;_~.. 'Ch-argi)'--~
· Perle 833 - 4 Ports Ethernet 251-11403-3 , Express Replacement 1st Year, USD 240.00
......... qptiOn_~:
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