HomeMy WebLinkAboutCanon Business Solutions - PDRESOLUTION 2012-157
ADOPTED
DOC ID: 7599
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-157 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 14, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase
between the Town of Southold and Canon Business Solutions~ Inc., in connection with the
lease of one (1) Canon IRADVC-5051 copy machine for use by the Police Department at a
monthly cost of $369.00 for a period of forty-eight (48) months from the date of installation,
subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSi
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Dohe~ty, Krupski Jr., Evans, Russell
CANON BUSINESS SOLUTIONS
Canon 13ustee~s $oluiton$, Inc. ("CBS")
4 Ohio Ddve, Lake Success, NY 11042
(800) 613-2228
ACQUISITION AGREEMENT LEASE OR PURCHASE
# S0075930
Salesperson Linda C Le{3man
OrderDate: 2 / 2 / 2012
Company: SOUTHOLD, TOWN OF Company: SOUTHOLD, TOWN OF
Address: 41405 Rte 25 Address: 41405 Rte 25A
City; Peconic City: Pecontc
State:NY [ Zip: 11958
Contact: Chief Flagey
I Coun~:SUFFOLK
Phone #: 631.765.1891
Fax #:
State: NY I Zip: 11958
Contact: Chief Flat,ay
I County: SUFFOLK
Phone#:631.765.1891
Fax #:
[] You agree to lease the items listed below or in any addendum(s) to this Agreement from the Leasing Company identified below, at the ILxed pededic
lease payments indicated below or in any addendum (s) to this Agreement and for the fixed term specl6ed in the lease agreement beiween you and the
Leasing Company. Delivery to you of the items specified is contingent on you signing a lease agreement with the Leasing Company.
[] Canon Financial Services, Inc. [] Other (Name of Leasing Company):
[] you agree to purchase 1.he items listsd below or in any addendum(s) to this Agreement, for the purchase price specified.
TPe "biff to" for the items listed is the Leasing Corapany or you, depending on which box is checked above.
PLEASE 'RINT
36146023 IMAGERUNNER .ADVANCE C5051 V2 BASE MOOEL (36146023) 1 369.00
36546001 CASSETTE FEEDING U NIT-AD1 I Included
365gB001 INNER FINISHER-A1 1 Included
36626~01 INNER FiNiSHER ADOITIONAL TRAY-Al(OPTION FOR INNER FINISHER-A1 ) 1 Included
36706006 PCL PRINTER KIT-AE1 ~ 1 Included
3671 B009 PS PRINTER KIT..E1 ELAN 1 Inctuded
36666001 ADDITIONAL MEMCRY TYPE E (512MB) 1 Included
36756002 SUPER 03 FAX BOARD~AE 1 1 Included
; 0~t'~ St~.~tamental Addendum 0,00
Subtotal 369,00
[] Check with Order Check # [] P.O. Required
r"l Net 30 P.O. # Deliveryitnslall 0[00
[] Lease Sales Tax
[] Other [] Tax Exempt
[] Credit Card: (Attach Certificate) Total
Requires submisste~ of secure credit card authorization form [] Customer Declines Deposit 0.00
Maintenance Agreement Balance Due
Ship Via; Name Chief Flatel¥ Email network conr~ctivity.
Hours of Operation ~-5
PhOne 631.765.1891 EedlestDateforDelivety: 2 /3 /2012 Name ChlefFlately
Special Delivery/Inst allation in sUuctlen Phone 631.765.1891
Elevator Yes [] No I~1 Email
Loading Dock Yes [] No ~ ~r' ........
BY YOUR SIGNATURE BELOW, AS SPECIFIED ABOVE, THE ITEMS LISTED ABOVE OR IN ANY ADDENDUM(S) TO THIS
AGREEMENT, S INCLUDING THIS FACE PAGE. THE ADDITIONAL
INCORPORATED AND MADE PART OF THIS AGREEMENT.
SLS~04 January 2012 CBS
Canon Financial Services, Inc.
Addendum to Agreement
for Application 737352
WHEREAS, Canon Financial Services, Inc. ('CFS") and Town of Southold ('Customer~') have determined
that it is for their mutual benefit to enter into this Addendum ('Addendum') to the Lease Agreement
(whether designated a Lease, Rental Agreement, Master Lease, or otherwise) ("Agreement") for the lease
or rental of certain equipment ('Equipment").
NOW, THEREFORE, for good and valuable consideration, intending to be legally bound, the parties
hereto hereby agree as follows:
It is expressly agreed by the parties that this Addendum is supplemental to the Agreement and that the
provisions thereof, unless specifically modified heroin, shall remain in full force and effect and shall apply
to this Addendum as though they were expressly set forth herein.
In the event of any conflict or inconsistency belween the provisions of this Addendum and any provisions
of the Agreement, the provisions of this Addendum shall in all respect govern and control
The terms and conditions paragraph(s) in the Agreement (CFS-1079 07/10) are changed as follows:
2. AGREEMENT PAYMENTS: Paragraph 2 is amended by deleting the 2nd sentence, which reads:
"Once in each twelve month period following the first annivemary of this Agreement, the Service Provider
indicated above has the right to increase both (i) the Monthly Base Charge and (ii) the Per Image Charge
in an amount not to exceed fifteen percent of such charges where were in effect immediately prior to such
price increase,"
10. INDEMNITY: Paragraph 10 is amended by deleting the paragraph in its entirety and replacing with
"CFS is not responsible for any losses or injuries caused by the installaticn, removal or use of the
Equipment except those due to CFS' gross negligence. Customer agrees to reimbume CFS for and
defend CFS against any claims for losses or injudas (including attorneys' fees and costs) caused by the
Equipment. This section shall survive termination of this Agreement.'
17. LATE CHARGES; EXPENSES OF ENFORCEMENT; Paragraph 17 is amended by deleting the first
two sentences in their entirely. Customer will be late charge exempt.
Customer agrees that CFS may accept a facsimile copy of this Addendum as an original and that such
facsimile copy will be treated as an original for all purposes. THIS ADDENDUM SHALL BE EFFECTIVE
WHEN IT HAS BEEN SIGNED BY CUSTOMER AND ACCEPTED BY CFS.
CANON FINANCIAL SERVICES, INC.
By:
Title:
Date: , ,,
.,~.N OF SOU.T~~
By:
Pdnted Name:.
Title:
Canon Financial Services, Inc.
14904 Collections Center Dr.
Chicago, Illinois 60693
CCFS')
GOVERNMENTAL ENTITY
Complete Legal Name
Town of Southold
Municipal Fiscal Funding Addendum
Agreen~mt
Number:
Agreement
Date:
("Customer")
THIS ADDENDUM WILL BE OF NO FORCE OR EFFECT IF THE CUSTOMER IS NOT A
STATE OR A POLITICAL SUBDIVISION OF A STATE WITHIN THE MEANING OF SECTION
103(C) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
The Customer warrants that it has funds available to pay the lease payments ("Payments")
payable pursuant to the lease agreement (the "Agreement") between Customer and CFS until
the end of its current appropriation period and warrants that it presently intends to make
Payments in each appropriation period from now until the end of the Agreement. The officer of
the Customer responsible for preparation of Customer's annual budget shall request from its
legislative body or funding authority funds to be paid to CFS under the Agreement. If
notwithstanding the making in good faith of such request in accordance with appropriate
procedures and with the exercise of reasonable care and diligence, such legislative body or
funding authority does not appropriate funds to be paid to CFS for the Equipment, Customer
may, upon prior written notice to CFS, effective upon the exhaustion of the funding authorized
for the then current appropriation pedod, retum the Equipment to CFS, at Customer's expense
and in accordance with the Agreement, and thereupon, Customer shall be released of its
obligations to make Payments to CFS due thereafter, provided: (1) the Equipment is retumed
to CFS as provided for in the Agreement, (2) the above described notice states the failure of
the legislative body or funding authority to appropriate the necessary funds as the reason for
cancellation; and (3) such notice is accompanied by payment of all amounts then due to CFS.
In the event Customer returns the Equipment pursuant to the terms of this Addendum and the
Agreement, CFS shall retain all sums paid by Customer. Customer's Payment obligations
under this Agreement in any fiscal year shall constitute a current expense of Customer for
such fiscal year, and shall not constitute indebtedness or a multiple fiscal year obligation of
Customer under Customer's state constitution, state law or home rule charter. Nothing in this
Agreement shall constitute a pledge by Customer of any taxes or other monies, other than as
appropriated for a specific fiscal year for this Agreement and the Equipment.
The undersigned represents and warrants to CFS that all action required to authorize the
execution and delivery of this Addendum on behalf of the above referenced Govemmental
Entity by the following signatory has been duly taken and remains in full force and effect. CFS
may accept a facsimile copy of this Addendum as an original for all purposes.
ACCEPTED J~
Tit~
CFS-2020
CANON BUSINESS SOLUTIONS
Canon Business $olutions, [nc. (~C:B$")
4 Ohio Ddve, Lake Success, NY 11042
(800) 613-2228
ACQUISITION AGREEMENT ADDENDUM
Related Acquisition Agreement Number;
S0075930
Town of Southold
Street Address:
ICily:
Peconic
State; Zip:
NY I 11958
Term:
48 Months
41405 Rte 25A
Equipment Description:
U} mc 5o51
WHEREAS, Canon Business Solutions, Inc. ("CBS"), and the above-described Customer ("You') have determined that it is in
their mutual benefit to enter into this Acquisition Agreement Addendum ("Addendum") to the abeve-described Acquisition Agreement
("Agreement"). All capitalized terms used below tha~ are eot defined in this Addendum shall have the meanings set forth in the
Agreement.
NOW, THEREFORE, far good and valuable consideratJon, intending to be legally bound, the parties hereby agree as follows:
Anything in the Agreement to the contrary notwithstanding, and subject to all of the terms and conditions set forth in this
Addendum, the terms and conditions of the Agreement shall be modified as follows:
a. Section l(a): Delete entire section.
It is expressly agreed by the parties that this Addendum is supplemental to the Agreement, and that the previsions thereof,
unless specifically modified herein, shall remain in full fame and effect and shall apply to this Addendum as though they were
expressly set forth herein.
In the event of any conflict or inconsistency between the provisions of this Addendum and any previsions of the Agreement,
the provisions of this Addendum shall in all respects govern and control
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed ~ date set forth below.
Canon Business Solutions, Inc. T~.~.~Southol~/ ~ . ,,,/
Name: N~. ~'~"~ A- ~
Title: Title: .~~ ~ (~O ~
Acquisition Agreement Addendum July 2010 CBS
ADDITIONAL TERMS AND CONDITIONS
S0075930
These are the additional ~erms and conditions referred to on the face page to
which they are attached. Such face page and addendum(s), collscgvely with
these terms and conditions, the 'Agreement.'
1. LEASE OR PURCHASE PRICE AND PAYMENT. You agree to lease or
purchase the units of equipment and supplies (the 'Equipment') and licenses of
application software with third party support contracts (the 'Listed Software' and.
together with the Equipment, the 'Listed Items'), in each case as indicated on the
face page hereof or le any addendum(s) hereto.
(a) If you have erected to purchase the Listed Items, the total pumhese
price specified in the A~reement, including sales taxes and delivery/installetlen
che~es, is due and payable in accordance with the payment terms of this
Agreement. If payments ate late, {i) you shell pay the actual and reasonable
costs and expenses of collection Incurred by CBS, including the maximum
attorney's fees permtited by law and (ii) CBS may charge you and you agree {o
pay, a late charge equal to the higher of five percent (5%) of the amount due or
$10 as reasenable collect'on fees, not to exceed the maximum amount permitted
by law.
(b) If you have elected to lease the Usted items. CBS shall sell the Listed
Items to the Leasing Company subject In all respects to the warranty limitations
and disclaimers and itmitations of liability in this Agreement. You shall enter into
a lease agreement with the Leasing Company providing, in addition to such
terms and conditler~s as the Leasing Company shall require, for fixed pedodic
lease payments indicated herein over a fixed lease term as specified in the ]ease
agreement. Delivery/installation charges, if separately itemized [n this
Agreement, are due and payable in eccordar~e with the payment terms of this
Agreement. You are responsible for payment of sales or use taxes on monthly
rentals if applicable, even if not specified in this Agreement.
(c) In addition to the amounts shewn in this Agreement, you shall pay
CBS' rates for any special rigging for delivery and installation when CBS notifies
you of in advance, subject to your approval.
(d) CBS reserves the right to withheld shipment of the Listed Items ti) until
you make full payment of the total price specified in this Agreement or to revoke
any c~edif extended to you because of your failure to pay any amounts when due
or for any other reason affecting your credit',~odhiness, er (ii) until you enter into
a lease agreement with the Leasing Company and the Leasing Company
commits to full payment of the purChase price agreed to beba~en CBS and the
Leasing Company, In the event that, at any bme prior to shipment, CBS
discovers any mistake in pricing or Equipment configuration with respect to arw
Listed Item(s), CBS reserves the right to notify you of the mistake in writing, and
such notification will constitute the non-acceptance of this Agreement tiy it with
respect to such Listed items without liability.
2. LIMITED WARRANTY. For ninety (90) days after the date of the original
delivery of Canon brand Equipment, CBS warrants that under normal use and
maintenance conditions all such Equipment will be free from defects in matehal
and workmanship. Warranty claims must be made in writing by you to CBS no
later than five {5) business days after the expiration of the warranty period. CBS'
obligations under this warranty are limited solely to repair or replacement (at
CBS' sole option) of such parts as are proven to be defective upon CBS'
inspection. This warranty does not extend to, and you shel~ pay, CBS' labor,
parts and supply charges for (a) repairs resulting from service visits required as a
result of inadequate operation of the Listed Items (e.g., CBS technician is
dispatched to rectify a problem described in the operator manual), (b) repairs
necessitated by factors other then normal use including, without limitation, ti) any
witi[ul act, negligence, abuse or misuse Of the relevant Equipment, (ii) the use of
parts, supplies or software riel supplied by CBS and which cause abeormaliy
frequent service calls or service problems, (iii) service pellon'ned by personnel
other than CBS service technicians, (iv) transportation of the Equipment, tv)
accident or casuatiy, and (vi) elect/ical p<~er malfunction or heating, cooling or
humidity and ambient conditions, or (c) re-iostal)atlen of the Equipment.
YOU EXPRESSLY ACKNOWLEDGE THAT THE LIMITED EQUIPMENT
WARRANTY CONTAINED IN THiS AGREEMENT DOES NOT ASSURE
UNINTERRUPTED OPERATION AND USE OF THE LISTED ITEMS. CBS
SHALL, UPON REQUEST, FURNISH TO YOU WITHOUT RECOURSE ANY
END USER WARRANTIES MADE BY THE MANUFACTURER OF THE LISTED
SOFTWARE OR ANY NON-CANON BRAND EQUIPMENT. C~3S MAKES NO
WARRANTY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO LISTED SOFTWARE OR WITH RESPECT TO NON-
CANON BRAND EQUIPMENT. OTHER THAN AS SET FORTH IN THIS
pARAGRAPH 2, CBS EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANT~ES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE RELATING TO THE USE OR PERFORMANCE OF THE LISTED
ITEMS.
3. DATA. You ackn<3wiedge that the hard drive on the Equipment may retain
images, centent or other data during normal operation of the Equipment ('Data')
or any leasing company. You are solely responsible for: (i) your compliance with
disposition of the Equipment. u~ilize the Hard Disk Odve (HDD) (or comparable)
function) found on the Equipment to pedorm a one pass overva'ite of Data or, if
rates an available option for the Equipment, which may include (a} an HDD Data
4. SECURITY. As sDcurity for the payment of all amounts due to CBS, you
hereby grant to CBS a security interest in the Listed Items. To the extent
5. WARRANTY OF BUSINESS PURPOSE. You represent and warrant that
MADE IN ACCORDANCE WITH THE APPLICABLE STATUTES AND RULES
OF THE STATE OF NEW YORK OR THE UNITED STATES. ANY AND ALL
SUITS COMMENCED DY YOU AGAINST CBS, WHETHER OR NOT ARISING
UNDER THIS AGREEMENT AND REGARDLESS OF THE LEGAL THEORY
UPON WHICH SUCH SUITS ARE BASED, SHALL BE BROUGHT ONLY IN
RIGHT TO A JURY TRIAL IN ANY SUIT BETWEEN THEM.
8. GENERAL. This Agreement shall be binding on you upon your signature
be binding upo~ CBS as a warranty or otherwise, nor shall this Agreement be
modified or amended except by a wdting signed by you and an offioer of CBS,
You may not assign this Agreement without the prior written consent of CBS and
expressly disclaim having relied upon any representation or statement
concerning the capability, condition, operation, parf~-mance or specifications of
9. ELECTRONIC ACCEPTANCE. You agree that CBS may accept an
CANON RUSIFIESS SOLUTIONS
Canon Business Solutions, Inc, ("CBS'*)
4 Ohio Drive, Lake Success, NY 11042
(800) 613-2228
ADDENDUM TO ADD ADDITIONAL EQUIPMENT TO
ACQUISITION AGREEMENT #s0075930 (the "Agreement")
Salespemon Linda C Lehman
Order Date: 2 I 2 / 201;,
Company: SOUTHOLD, TOWN OF Contact: Chief Flatley
t
Address:41405 Rte 25 Phone;631,765.1891 I Fax:
City: Peconic I State:NY I Zip: 11958 [ E-Mail:
1972V073 XG-~-20D (!9~07~) (! 972V073) 1 In~ud~
BY YOUR SIGNATURE BELOW, YOU AGREE TO LEASE OR PURCHASE, AS SPECIFIED ON THE FACE PAGE OF THE ACQUISITION AGREEMENT, THE ITEMS LISTED ABOVE, IN ACCORDANCE WITH ALI. OF THE
TERMS AND CONDITIONS OF THE ACQUISITION AGREEMENT, THiS ADDENDUM SHALL BECOME EFFECTIVE AND BINDING AS PROVIDED IN PARAGRAPH 7 OF THE ADDITIONAl. TERMS AND CONDITIONS OF THE
ACQUISITION AGREEME EPT AB PROVIDED HEF[E[N, THE ACQUISITION AGREEMENT SHALL REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.
11011 Ca"O"
NON-CANCELABLE RENTAL AGREEMENT Canon Financla Services, mc. ("CFS')
CANON BUSINESS SOLUTIONS CFS 1019 (07t10) 14904 Collections Center Dr
Chicago. I~ncts 50693
~E (cow,~r~ ~ nn~t~l ~ - 631.795.1891
SOUTHOLD, TOWN OF (Customer") IsTX~E
41405 RTE :25 PECONIC SUFFOLK NY 11958
-:aU~W~'N~ ~OR~SS C~TY CCUN~ STATE aP
41405 RTE 25 PECONIC SUFFOLK NY 11958
:ustom~' Cmtact Fox Mete~ Readings Ch ef Flatlev PHO~: 631.795.189i
iRADVCS051 10000 0 0.00072 0.0684 Included iWRomoto
Term: 48 Mo~ths TOTALS 10,000 $0.00972 $0.06840 $369.00
~';~vice/S up plies Included Meter Reading Frequency paymeflts I~ as "Security D~po~lt" "Service I~der"
Canon Business Solutions
CANON FINANCIAL SERVICES, INC. E~y:'~'s/~_~ ~ ~,? 57
CF~-1079
CFS. 1079 (07110)
Cc llOll
Service Provider Terms and Conditions
Canon Financial Services ("CFS") Cost Per Copy Agreement
CA~ON BUSINESS SOLUTIONS
Canon Business Solutions. Inc. ('CBS')
4 Ohio Ddve. Lake Success, NY 11042
(800) 613-2228
t. TERM. Canon Business Solufions~ Inc. ("CBS") shall provide
maintenance on tho Equipment incloded in the CFS Cost Per Copy
Agreement ("CFS Agreement") for the term of tho CFS Agreement,
including any applicable renewal term, beginning on the date of
installation. Caphal~zed terms not defined horeth shall have tho
meaning set forth in the CFS Agreement,
2. CHARGES. Base Charges and Per Image Charges, including
Images in Excess of Covered Images, shall be invoiced in accordance
with the CFS Agreement,
(a) Toner inclusive Sen/ice includes replenishment of Supplies specified
in the CFS Agreement and are fur exclusive use with the Equipment. If
Customer's usage of toner exceeds manufacturer specEications for
conventional coverage by more than 10%, CBS may advise CFS to
invoice Customer directly for such excess tsnet. Customer may
purchase additional toner from CBS if required dodng the term.
Customer shall bear all dsk of loss, theft or damage to unused Supplies,
which shall remain CBS' property arid shall he returned promptly upon
termination of this Agreement.
(b) If Customer has specified Ihe Fleet Guaranteed Copy plan in the
CFS Agreement, the Base Charge and the Covered Images shall apply
to the fleet of Equipment, irrespective of the usage of inthviduel units of
Equipment in the teaL
(c) Unless othon~ise indicated on the CFS Agreement: Customer
authorizes CBS lo use nelworked features of the Equipment including
imageWARE Remote to receive software updates, activate
featuresJnew licenses and/or transmit use and service data
accumulated by the Equipment over Customer's network by means of
an HTTPS protccol and Io store, analyze and use such data for
purposes related to servicing the Equipment and product improvement.
(d) Customer agrees to provide meter readings te CBS. if appticabis, in
accordance with the Meter Method and/or Meter Reading Frequency
specified in the CFS Agreement and CBS' normal procedures. If YO~
selected CBS' eManage webs/fa, you shall complete CBS' rngistmtion
process governing access to and use of such website. CBS may
change Customer's Meter Method and/or Meter Reading Frequency
from lime to time upon 60 days notice. If CBS does not receive timely
meter readings from Customer, Customer agrees to pay invoices lhat
reflect CBS' estimates of meter readings. CBS reserves the dght to
verify the accuracy of any meter readings from time to time, and to
advise CFS to make appropriate adjustments to Customer's account
on Customer's next invoice.
3. COVERED SERVICE. CBS shall provide all routine preventive
mstntenar:,ce arid emergency service necessary to keep the Equipment
in good working order in accordance with this Agreement arid CBS'
normal practice. Such service shstl be performed during CBS' local
regular business hours (8:30 A.M. to 5:00 P.M. Monday through Friday,
except holidays).
(a) Customer shall afford CBS reasonable access to the Equipment to
perform on-site service. Customer acknowledges that CBS may not be
able to provide maintenance for Equipment outside of CBS' sendcthg
terhtory. Pads or Equipment replaced or removed by CBS in
connection with maintenance services hereunder shall become the
property of CBS arid Customer disclaims any interest therein.
(b) CBS shall make available to Custcmer, from time to time and at
prevaiting ptices if any, upgrades and bug fixes for the "Software"
(including, the software licensed as part of the Equipment and the
application software programs specified in the CFS Agreement) as are
provided to CBS by the suppliers of the Software. CBS shall also use
reasonable efforts to provide Level I support on the Soifware Leve~ I
support consists of providing help-tine telephone assistance in
operating the Software and identifying service problems, facilitating
contsct between Customer and the suppfier of the Software to rectify
such problems and maintaining a log of such problems to ass/si in
tracking the same. Customer acknoWledges that CBS is not the
developer of any of the Software arid other than tho foregoing, CBS
support for the Software is not provided under this Agreement.
SER-CPC 023E January 2012 CBS
Support from the Software developers may ho included within the price
for the license of application software programs m' may be available
under separately priced support contracts, and in either case such
support will pe provided from the Software developers subject to the
terms and conditions for support service.
4. NON.COVERED SERVICE. The following seneqes, and any other
work beyond the scope of this Agreement. shall be invoiced in
accordance wRh CBS' then current labor, parts arid supply chepges: (a)
replacement of any consumable suflply item. including, without limitation,
paper, toner, ink, waste containers, fuser oil or staples (except th~ ts~er
inclusive senqce to the ex*tent provided in Subparagraph 2(a) above).
other medis, pdrd heads and puncher dies; (b) repairs recessJtstsd by
factors other than normal use including, without limitation, any willful act.
negligence, abuse or misuse of the Equipment; the use of parts, supplies
or software which are not supplied by CBS and whiclq cause abnormally
frequent service calls or se~ace problems; service performed by
personnel off/er than CBS personnel; accident: use of the Equipme*qt with
ncn-compaitbie hardware or software compu~ents; electrical power
malfunction or heaUng, cooling or humidity ambient coridifiorts: (c)
de-instsllaticfL re-installaUon or relocation of Equipment (other than by
CBS); (d) repairs to or realignment of Equipment, arid related training,
necessitated by changes you made to your system configuration or
network environment; (e) work which you request to be performed
outside of CBS' ragu/er business hours; or (f) any netwoddsystem
connection device, except when listed in the CFS Agreement.
5. DATA. Customer anknowlodges that the hard dhve on the
Equipment may retain images, content or other data during normal
operation of the Equipment (~Data') and that exposure or access to the
Data by CBS, if any, is purely incidental to the services performed by
CBS. Neither CBS nor any of their affiliates has an obligation to erase
or overwrite Data upon Customer's return of the Equipment to CBS or
any leasing company. Customer is solely responsJbts for: (i) Customer
comp/lance with applicable law and regar requirements pertaining to
data privacy, secutity, retention and protection; and (ii) all decisions
reisted to erasing or ovenvfiUng Data. Without limiting the foregoing.
Customer should, prior to return or other disposition of the Equipment,
utitize the Hard Disk Drive (HDD) (or comparable) formatting function
(which may be referred Io as 'Initialized All Dats/SeUthge" function)
found on the Equipment [o perform a one pass ovenvrite of Oate or, if
Customer has higher security rnguiremente, Customer may purchase
from CBS at current rates an available option for tho Equipment, which
may include (a) an HDD Data Encrypt/on Kit option which disguises
information before it is written to tho hard drive using encrypt/ch
algedthms, (b) a HDD Data Erase Kit that can perform up to a 3-pass
overwrite of Data or (c) a replacement hard drive (in which case
Customer should properly destroy the replaced hard drive), The terms
of this section shstl solely govern as to Data. notwithstanding that any
provisions of this Agreement or any separate confidentiality or data
secudty or other agreement now or hereafter entered into between you
and CBS could tie construed ta apply to Date.
6. CUSTOMER SATISFACTION POLICY. CBS will, at Customer's
wdften request, replace any new Canon brand Equipment installed
under this Agreement with a like unit if CBS has determined, affer a
reasonable opportunity to cure, that the Equipment is not repairable to
tho expected standard of perrormance. This policy shall apply for 3
years from the date of installation or for the initial term of any CFS
Lease, if longer, provided Customer is not in default of this Agreement
and such maintenance services have not been canceled or terminated.
CUSTOMER AGREES THAT NOTHING IN THIS SECTION WILL
ENTITLE CUSTOMER TO TERMINATE THE CFS AGREEMENT