HomeMy WebLinkAboutArchive Writer MaintenanceSouthold New York Payment Voucher
Vendor Tax [D Number or Social Security Number Vendor Address
Vendor Name
Kodak, Eastman Co. saa state street _
Rochester, NY 1465034726
Vendor Contact
Invoice Invoice Invoice ii Net Pumhase Order
Number Date Discount) Amount Claimed Number
242128977 5/25/2008 5,564.00 Archive Writer
Maintenance
5/24/08 - 5/23/09
I
5,564.00
rayee certiscation
The undersigned (Claimant) (Acting on behalfof the above named claimant)
does hereby certify that the foregoing claim is [rue and correct, [ha[ no part has
been paid, except as therein stated, that the balance therein stated is actually
due and owing, and that taxes from which the Town is exempt are excluded.
company Name Invoice Attached
Department Certification
I hereby certify [hat the materials above specified have been received by me
in good condition without substitution, the services properly
performed and [hat [he quantities thereof have been verified with [he exceptions
onnr discrepancies no/te//d,~~and payment is approved.
Signature~Yia ~ii/ `~~. O i
'Southold Town Clerk
RECEIVED
MAY 3 0 2008
Southold Town Clee~
EASTMAN KODAK COMPANY D-U-N-S CODE
Kodak 00'220-6183
343 STATE STREET E.I.N. 16-0417150
RORCHE(S~T3pERp, NY551(4~~63505-34126
CALL: JOE ME I STPLEQSE ADDRESS ALL ~OIRIES TC~THE A60VE ADDRESS
INVOCE DATE INVOICE NUMBER • • ' s ORDER DATE INVOCE FOR PAGE
c;»~.y~nn ~?a~T?ca4~7 C,1 SERVICE AGREEMEN 1
__.____--CHARGE TU __..-_-.__°-
SOUTHOLD TOWN CLERK
PO DOX 1179
SOUTHOLD NY 11971
------INSTALLED AT-°-------
SOUTHOLD TOWN CLERK
53095 MAIN RD
SOUTHOL.D NY 11971
PLEaSE RETIRN RFMIilANtE [OPY WITN YOUR PAYMENT
DESCRIPTION CAT. NO. SERIAL NO. RPM RATE AMOUM
# DII.-LING OF SF..RVICE AGREEMENT
~ BILLING PERIOD FROM OSf24/2008 TO 09130/2008
~ RATE COLUMN REPRESENTS ANNUAL CHARGE
K# 03928979 L-OC: FL 1
USER: ELIZADETH NEVILLE, 5631)765-iB00
8 AM TO 5 PM MON THRU FRI 1
B-- 5 M-F
I9610 WRITER SYSTEM SA 168 0164 12356525 5564.0 19Si..70
##d~ K# TOTAL 1, 981. '?0
NOTES:
~ SUBJECT TO ENCL..OSED KODAK TERMS
# IF AMOUNT DUE IS NOT PAID, SERVICE WILL DE ON A PER CALL,
"!-IME, AND MATERIAL DASIS
RECEIVED
MAY 3 0 2008
Southold Town Clerlc
#p~x~~F~~u~F>r##~##~#~~w~u~#~#~k####~~#~~###~##~~~~~~P~k-~~P~~#~P~~~~# R~ ##
STREAMLINE WITH KODAK--'rHE SINGLE-SOURCE STORAGE SERVIf..F, EX E TS.
~*><ttutt~rt•n#~##~tP~#ar~~n#~t####~~#######tt#~P~rt~x~~##~###R#zE#~x~#~r~R~ tr #~
FOR KODAK USE
384415 2384915 96 ~P##PLEASE MAIL PAYMENT TO:### AMOUNT
000 2 O EASTMAN KODAK COMPANI' DUE $ 1.981. Jz)
0 948 PO BOX 640350
CUSTOMER COPY ~ ,.. ~ ,~,,...,:v, , r ,-, . ~.~~.~ .. ~, _,..:
PAYM~NT DUE DAT~ Of~/24/?00~ W
"Seller repreunh Ifwt wi mp~t ro ih production o dre aMC es and/or tFe rmance of the services
1 [ F-Q Q C) 17B D 5 c [t covered by, Ihis inwice, it has fully complied with the Fair Labor Sbndords Aa of 19 R, as amended."
Nofice ~ I Kodak puipment on renbl remains wr prryury and no anachmenh may be made Iherelo without
pe,mission from our Main gkce.
Kodak Service antl Support
Standard Malntenanca Service Teens and$ontlHions
Easman Kodak Company ("Kodak") and you, the customer ("Customer') enter Imo these Standard Maintenance Service Terms and Condldons (the
"Agreement") and agree that the terms and conditions of this Agreement will apply to the provision of services by Kodak for the products defined below locetetl in Me
United States, Hawaii and Alaska (a ten percent (10%) premium applies in Alaska).
Generally, the mainframe and all components of a Product (as defined herein) that are mechanically, electronically, or remotely interconnected must be inspected,
tested and adjusted as one operating unit to diagnose and coned malfunctions effectively. Therefore, if a Product is ceveretl under an Agreement, ell interconnected
components of that Product must also be covered by wartanty or the same level of service that is provided under this Agreement.
The term of the Agreement between Customer and Kotlak shall be for one year, unless otherwise specified in writing. The terms and cendftons set forth below plus
the description of services antl charges contained in the Kotlak invoice and the provisions of the Agreement shall govern the relationship between the parties. Any
aAAlannal nr inrnnaiclnnl larmc "nA ..,.nAili..n. :....,..w..w t_ ~~_ n.. • ~ .. i _ ~__ ... .. __
1 Products. Products covered by this Agreement are cemmerclal once
equipment manufactured by Eastman Kodak Company ('Kodak Products') or by
Other Manufacturers ("OEM Products' and together with the Kodak Products, the
"Products"), non-make or model specific, used by customers in an office
environment.
2 Customer Responsibilities. Customer will designate an authorized
representative for the purpose of interecting with Kodak's service personnel. The
Customer representative end the Customer must:
a) provide initial problem-solving assistance to site users;
b) coordinate all requests for assistance and ad as liaison with Kodak service
personnel;
c) perform appropriate problem analysis and corrective actions by following
troubleshooting instructions and remedial actions as prescribed by Kodak;
d) maintain system and Product documentation and install software updates,
maintenance upgrades and patches supplied by manufacturers;
e) perform preventative maintenance and error recovery procedures as
defined in the individual Products' users manual;
f) supply consumable items or other components that are replaced due to
normal wear and/or as specifed in the relevant menu/acturers manual(s);
g) provide service personnel with immediate access to the Products when
service is requested;
h) when necessary, supply and maintain a modem and communication
software approved by Kodak which satisfes the respective manufacturers
Product specifications.
i) keep the site environmental ranges wtthin the specifications set forth by the
manufacturer of the relevant Product ;
j) provide continuous and appropriate resource availability during problem
resolution.
Failure to meet these obligations may result, at Kodak's sole option, in the
imposition of additional charges at prevailing Per-Call rates or immediate
termination of this Agreement upon notice to Customer.
2.1 Customer Software. Prior to service commencing on computere with hard
drives, Customer is responsible for creating aback-up copy of the file from the
hard drive. Kodak is only responsible for formatting ('rf required) and transferting
those files deemed necessary for formatting as more precisely outlined in the
formatting procedures for specific Products. Customer is responsible for
restoring data. Kodak shall not be held liable (or any damages arising from or
relating to the loss of data, any software or any other information contained on a
computer or similar device, or contained in or stored on a Product.
2.2 Produet Cond@ion. Customer warrants that me Products covered by this
Agreement (a) are in proper operating cendition, (b)are without any unauthorized
motlificatiors, (c) have all safety features in working wntlition, and (d) have bean
maintained in accordance with manufacturer's Product pertormance
specifications. Kodak reserves the right to inspect the Products and site
installation to confirm that Products meet those conditions. At Kodak's
discretion, the inspection antl any repairs necessary to bring the Products up to
those condttions shell be treated as Per-Call Service. If at any time Customer
fails to maintain the Products in proper operating condition as described above,
Kodak may cancel This Agreement immediately upon written notice to Customer.
3 How to Obtain Service. In order to obtain service, Customer must call
Kodak's Customer Support Center at 1-800-356-3253 and provide the Product's
K-number or serial number, which number shall be located on the respective
Product(s).
4 Types of Service.
4.1 TelepAone Support. Kodak will provide toll-free telephone support
between 8:00 a.m. and 5:00 p.m., Customer local time.
4.2 On•Slte Servlee. Kodak will provide on-site service between 5:00 a.m.
and 5:00 p.m. Customer local 5me.. OnSfie Service includes adjushnenis
and/or replacement of parts required to maintain the Product operating
consistenty within individual manufacturers published specifications.
4.3 Porlodie Melntenence. Periodic Maintenance ("PM") services will consist
of routine maintenance services required to keep the Products in proper
operating ceMhion. The actual number of PMs to be performed is dependent
upon the service plan purchased by Customer and is indicated on the service
invoice. Additional scheduled PMS may be purchased to supplement coverage.
4.4 Extended Hours. Depending upon kcal service capabilities, available
extended hour plans include 5-, 6-, and 7-dey, 6-, 16-, and 24-hour options at
additional cost. Kodak will use commercially reasonable efforts to provide
Service outside of Agreement Hours as shown below. Any such service
performed will be billed at prevailing Kodak Per-Call Overfime rates.
4.5 Holidays. Services will not be provided on holidays (inGutling New Years,
Memorial, Independence, Labor, ThanksgiNng and Christmas days); however
service may be available on a best efforts basis at prevailing Per-Call Holiday
rates.
4.6 Response Tlme: Kodak's objective is to provide service during Kodak's
normal working hours, within the following time fremes:
Kodak ProduM
Distance from Kodak Service Ci Within A reemem Hours
Zone 1 0 to 50 miles 4 Hours
Zone 2 51 a 100 miles 4 Hours
Zone 3 101 to 200 miles Nexl Business Da
Over 200 miles Contact Kodak
OEM Product
Distance from Kodak Service CI Within A reement Hours
Zane 1 0 to 50 miles NeM Business Da
Zone 2 51 to 100 miles Nexl Business Da
Zone 3 101 l0 200 miles Next Business D 12% u lift
Over 200 miles Contact Kodak
OEM ProduM Priori
Distance from Kodak Service CI Within A reement Hours
Zone 1 O l0 50 miles 4 Hours 12% u ift
Zone 2 51 to 100 miles 4 Hours 12% u lift
Zone 3 101 to 200 miles Next Business Da 12% u lift
Over 200 miles Contact Kodak
Kodak will use its best cemmeroial efforts to meet its response time objectlves,
provided however Kodak is not liable for any failure to da so.
4.7 Advanced Unit Replacement ("AUR") Support (If applicable). In some
cases, if Kodak determines a Product is not opereting consistently within
manufacturers spedfications, Kodak will provide next day AUR subject to
availability of courier service. Kodak will use reasonable efforts to ensure that
the replacement Product will perform at the minimum specifications of the current
Product, but may not be the exact make and model. When AUR support is
necessary, Kodak will ship the replacement unit to Customers location,
transportation prepaid. Upon delivery of a replacement unft, Customer must
place Me malfunctioning unk In the shipping case, apply the labels enclosed in
the shipping case and call the Cartier for pickup within 5 business days after
receiving the AUR. Kodak will pay the return transpotaton charges. If
Customer does not return the malfunctioning unit within 10 business days after
receipt of the AUR, Customer will be invoiced the list price of the unit and shall
immediately pay such invoice.
4.8 Depot Service (If applicable). If Kodak determines the Product is not
opeating consistently within manufacturers specficetions, Kodak will instruct the
Customer regarding shipment of the Product to Kodak for repair. Kodak will
repairthe Product, dpossible, and return the Product to Customer.
4.9 Software Product.
a. Kodak will provide Maintenance Upgrades, Software Patches and telephone
assistance of a technical nature on licensed Kodak Software Product only.
Kodak may Issue Maintenance Upgredes or Patches and/or provide for on-site
services necessary to correct ertors that significantly aflect software pertormance
in accordance with Kodak's Software Product operating specificetions. Unless
Product docmmenation stales otherwise, support will be provided for the current
and previous Version Release of the licensed Kodak Software Product. For
licensed Kodak Software ProducR maintenance Upgredes and Patches are et
no charge and include one copy of the user's manual and/or changes.
b. Kodak reserves the right to develop new features and functlonality
improvements, which will be offered to Customers as Version Releases under a
separate price schedule.
04/08
c. Kodak will provide the same revision level of firmware and/or drivere on any
replacement hardware part or subsystem (drives, librery cenboller, etc) within the
librery, during a 'break fuc" service call. Kotlak will not provide direct
sofiwareMnnware patches and upgredes for OEM Products, Indutling patch
analysis, recommendation, management and implementation of software,
patches, tlrivere, and frmware versions for tape storege products and/or
systems.
d. All software and/or changes are subject to the terms antl conditions d ttie
Kodak Software Lipnse Agreement that was in egad at the time the software is
licensed from Kotlak. Lipnse Terms are applipble as long as the sofhvare is
being used, even g maintenanp services are no longer available.
e. Some Kodak Software Products are licensed under a Renewable Software
License Agreement which includes en annual license fee that grants Customer a
'Right to Use" the software and to receive the maintenance services defined
above as long ae maintenance services are available. Customer shall refer to
the applipble software license to determine its exact rights.
4.10 Parts. Items as referenpd in Ne manufacturer's manual(s) required to
maintain Products opereting censistentty wtthin manufacturer's published
specifcadons may not be inducted in this Agreement and will be Invoiced
separately. Parts or components replaced by Kodak will be either new or
remanufactured to manufacturer's new product standards. Parts removed from
the system and replaced at no charge become the property of Kodak. NOTE: If
Kodak determines that Parts needed to maintain or repair equipment are not
available, Kodak will pncel me Agreemem and issue a prorated credit far any
remaining prepaid ceverege.
4.11 Consumables. If Customer also purchases censumables from Kodak
under this Agreement, Kodak will provide censumebles to Customer in an
amount equal only to a manufacturer-recommended one-year supply, without
charge to the Customer. Customer must purchase all requirements for
censumables beyond such one-year supply at the prices charged by Kodak. Any
Agreement including censumables is a fixed term cenuact and may not be
pncelled by Customer at any time prior to the end of the tens, except in the
pse of a breach by Kodak.
5 Property of Kodak. Maintenance material, tools, documentation,
diagnptip and test equipment provided by Kodak shall remain the exclusive
property of Kodak.
6 Limltatlons. The Services outlined in these terms are Kodak's only
obligatlon. Kodak will not be responsible for any indirect, incidental,
consequential or special damages arising under this Agreement, including but
not limited to damages resulting from the sale, use, Improper functioning or
inability to use Me Products and/or related software, regardless of the pose, nor
will Kodak be responsible for damages of any nature that are not posed by
Kodak or are caused by ctroumstances out of Kodak's control. Such damages
for which Kodak will not be responsible include, but are not limited to, loss of
revenue or profit, loss d data, downtime costs, loss of use of the Product, cost of
any substitute Product, facilities or services. This limitation of liability will not
apply to claims for Injury to persons or damage to tangible property caused by
the sole negligenp of Kodak or by parsons under its complete direction or
cenuol.
7 This Agreement does not cover, and Kodak shall not be responsible for:
a) operating system services (e.g., database maimenance/recovery, product
integretion or appliption support);
b) system administretion servips (e.g., system restarts, error monitoring and
repoRing basic system mattere, including restoring the database);
c) network system administration (e.g., installation d new software packages,
maintenanp of user and group accounts, solving neMrork problems,
performing system maintenance functions, monitoring networks, installing
appliption software, maintaining confguradons);
tl) consultation services;
e) version release or software support to other than licensed Kodak Software
Products;
f) Product installation, set-up, pnfguregon or other non-repair servips;
g) Able and installation of cable runs or any acquisition of permits;
h) Customer training;
i) ciroumstences beyond Kodak's control (such as customer overriding,
bypassing or defpting interlock switches on Products or devices sold by
Kotlak or any other 3" party);
j) problems due to failure of Customer to conform to site specifiptions
provided in the user documentation, or provided by the manufacturer;
k) time spent in boating Product not at the speclfied loption or waiting for
Product availabilky;
I) relocation of Product or servip associated with relocation;
m) seasonal hibernation (tle-installation) and reactivation (re-installation);
n) service or parts associated with any unauthorized modifiptions,
attachments or service;
o) rebuilding or reconditioning of Product;
p) misuse or abuse of Product; andlor
q) failure to follow operating instructions provided by the manufacturer.
Kodak may provide, at its sole discretion, service in the above referenced
situations under the Per-Call terms and at prevailing Per-Call rates.
e Confidentlallty of Customer Data. Kodak does not wish to receive any
confidential information of Customer in the course of providing maintenance
services, and Customer is expected to take all reasonable preputions to avoid
disclosing any of its confidential infonnaflon or that of hs customere, employees
or clients ("Confidential Infonnadon) to Kodak and its employees or centrectore.
However, In the everd that Kodak's employees or contractors become exposed to
Confidential Information, Kodak will ensure that such informaton Is protected
against unauthorized disclosure using the same degree of care, but no less than
a reasonable degree of pre, as Kodak uses to protect its own information of a
like nature.
8 Cancellation. Except as provided in Sections 2.0, 2.2, 4.10 and 4.11
above, this Agreement may be pnceled by eaher Customer or Kodak upon 30
days prior wriften notice. An eariy pncellation fee equal to any discount
received may be charged for pnpllation. Kodak will issue a proated credit for
any remaining prepaid Agreement ceverege. Customer will be charged for any
service provided when Product is rid covered by an Agreement at prevailing Per-
Call rates.
10 Taxes. Sales and use taxes will be billed if applipble.
11 Assignment. This Agreement is not assignable without the prior written
pnsent of Kodak, which pnsent will not be unreasonably withheld. The above
notwithstanding and with notice to Kodak, Customer may assign the agreement
without Kodak's consent [o a successor in interest by way of merger, acquisition,
change of control or other sale of all, or substantially all, the assets of Customer
to which this Agreement relates. Any attempt by Customer to assign this
Agreement in violation of this provision shall be null and void.
12 Billing antl Terms of Payment. Commercial and some govemment
billings are in advance and prices will vary depending upon billing arrengemenls
(annual, quarterly, etc.) and a premium may apply. Where government arrears
billing is available, billings occur at the end of the cycle, including renewals.
Payment terms are net 30 days from date of invoip, except for renewals, which
are due by the renewal date.
If payment has not been received by the due date, Kodak may, at its sole
discretion,
(a) pncel the invoice for non-payment. If the invoice is pncelled for non-
payment, Customer shall be liable for the greater of:
(i) the proated value of Me annual service rete of the invoice or
(ii) Per-Call charges for any service performed by Kodak,
OR
(b) place the Customer on Service hold.
13 Renewals. Nine (g) weeks prior to the expiafion of this Agreement,
Customer will be sent an invoip for the renewalof this Agreement, g Kodak so
elects to renew. This invoice will be an offer for the same level of coverage as
the current Agreement at the prices then in effect, with payment due on [he
expiration date of the prrent Agreement. Payment of this invoip will be
considered Customer's acceptanp of coverage for the new contract term.
14 Product Use. Prices for Agreements based on use will be determined by
the previous year's service history. If a year's worth of history is not available,
the use will be annualized. The renewal prig paid for an Agreement is based on
the past years usage, and will be adjusted accordingly. If use of the Product
changes, the prig will change accordingly when applipble. Product operated
on multiple shift (more than eight hours per day) may be subject b an eMra
charge antl will be re-billed immediately at the prorated amount.
15 Force Mafeure. With the exception of any payments due hereunder,
neither party shall be liable for failure to perform under this Agreement 'rf such
failure [o perform arses out of pose(s) beyond the control and without fauk or
negligence of the non-pertorming party. Such pose(s) may include, but are not
limited [o, acts of Gotl or the public enemy, Flres, floods, epidemics antl unusually
severe weather, material shortages, strikes or similar labor dismpflons.
i6 Additional Terms. This Agreement may be amended or supplemented
only by the express agreement of the parties, in writing and signed by each party.
11/07