HomeMy WebLinkAboutAgr 2008-06-19 (SMILE Business Products)
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June 18, 2008
RECEIVED
lJUN 2 6 2008
T own of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
TOWN MANAGERS OFFICE
TOWN OF TlBURON
Equiptnent: MX-M700N / 85012653
Dear -Margaret Curran & Diane Crane lacopi:
Thank you so much for your recent purchase of products and services from Smile
Business Products. As part of the Smile family, you can expect quality products and
superior service throughout our business relationship.
Enclosed is a countersigned copy of the signature page of the sales contract( s) you
executed prior to receiving the products and services that you ordered. Please review this
document as this contract is now considered the complete and entire understanding of the
goods and services that you were to receive. If you notice any discrepancies or would
like a complete copy of the countersigned sales order proposal, please email or call J enni
Slater at JslaterCcusmilebpi.com or (916) 481-7695 immediately.
Smile expects prompt, courteous customer service and professionalism from all its
employees. If you become aware of service that is below your expectations, we would
appreciate the feedback. Please email or call Michael Reinero, Vice President and CPO
at mireinero@)smileboi.com or (916) 481-7695 with your comments and concerns. Any
positive comments are greatly appreciated as well.
Please enjoy your purchase and thank you again for being a valued customer of Smile
Business Products.
Sincerely,
SMILE BUSINESS PRODUCTS, INC.
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Joe Reeves
President
Enclosure
5T\1I LE BL51NES5 r:>RODUCT5, I '\c.
Corporate / S,lcr,l Illl'n to: -Fi2e; Auburn Blvd. · SalT,lllll'nto, CA 95841 · (916) 481-769::; . FAX (916) 483-7695
Stockton / \Iodl'sto: (2()9) 8::;8-4410 · FAX (209) 1')::;8-4407 Santa Rosa Branch (707) ::;26-77()1 . FAX (707) ::;26-771::;
'\L't\\ork Sl'r\iicl's: (916) 481-7h95 · FAX (91 h) 483-76<1::;
\ \' \ \ \ \i..SIll i] l'bpi .COIll
",e ~ 4) Pricing Summary
Cash Price
$12,715.00 plus tax
Optional Accessories
None
Del ivery/lnstallation/Networki ng
$250.00
$ ~8.5"". L{ I
$ ~
$J~. '1~o. '11
Tax on Equipment & Accessories
*Warranty Plus
Total
Proposal valid until
240,000@$1608.00 plus tax
$0.0067 I, '0%.
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June 4,2008 \,'51."
BlacklWhite Copies Included per Year
Overage Charge
ACKNOWLEDGEMENT OF AND AGREEMENT TO ALL ASPECTS OF THE PROPOSAL:
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Customers Acceptance** .
6,sDrO~
Date
s/s,o /01;
Date
(flIBJo~
Date
*To be billed by Smile Business Products, Inc.
**Signer has read and agrees to the terms and conditions on the next page (9).
Terms and Conditions
1. MAINTENANCE SERVICE. Smile Business Products. Inc. (Smile) agrees to provide
to the Customer, during Smile's normal business hours, the maintenance and repair service
caused by nonnal operational use necessary to keep the Equipment in, or restore the
Equipment to, good working order in accordance with Smile's policies then in effect. This
maintenance service includes scheduled maintenance based on the specific needs of
individual equipment, as detennined by Smile, and unscheduled, on-call remedial
maintenance. For each unscheduled service call requested by the Customer, Smile shall have
a reasonable time within which to respond. Service requested at times other than during
Smile's nonnal business hours shall be furnished at Smile's discretion on a chargeable basis
at the established rates for labor and travel then in effect.
Maintenance will include lubrication, adjustments, and replacement of maintenance parts
deemed necessary by Smile. Maintenance parts will be furnished on an exchange basis, and
may be new, used or refurbished. Replaced parts become the property of Smile. All drum
replacements due to abuse will be charged to the Customer on a pro-rated basis.
Maintenance service provided under this Agreement does not assure the uninterrupted
operation of the Equipment.
As part of this Agreement, Smile guarantees (1) an average response time of 2 hours on an
inoperable machine and 4 hours on an operable machine (if outside of the primary area add 2
hours), (2) an average uptime of 95% between the hours of 8 :00 am and 5 :00 pm, and (3) a
service loaner at no additional cost if Customer's machine cannot be repaired in a reasonable
time period.
Smile shall not be responsible for delays or failure to render service due to causes beyond its
control. In no event shall Smile have any liability for any direct, indirect, incidental, special
or consequential damages, however causes and on any theory of liability, arising out of this
Agreement, including but not limited to loss of anticipated profits. Smile assumes no
liability of personal or property damage upon entering Customer's premises for repair of
Equipment.
2. MAINTENANCE TYPES.
ALL-INCLUSIVE MAINTENANCE - MACHINERY
LABOR SERVICES -Includes all labor performed during a service call,
excluding operator error calls and connectivity calls. Smile reserves the right
to charge for operator error calls and connectivity calls at the established rates
for labor then in effect.
REPAIR AND/OR REPLACEMENT OF PARTS - Includes all parts necessary
to maintain the normal operation of the Equipment, or to restore the Equipment
to good working order, excluding print controllers, fax boards and scanners.
(See Warranty Plus below)
SUPPLIES - Includes all supplies, except paper and staples.
WARRANTY PLUS - PRINT CONTROLLERS FAX BOARDS AND SCANNERS
LABOR SERVICES - Includes all labor perfonned during a service call to
diagnose andlor replace a defective part of circuit board, reload applicable
software, train the key operator on software features, and troubleshoot problems
on connected features. Excludes data entry or programming of email
addresses and fax numbers.
REPAIR AND/OR REPLACEMENT OF PARTS -Includes replacement of all
defective parts necessary to maintain the nonnal operation of the Equipment, or
to restore the Equipment to good working order.
3. EXCLUSIONS TO MAINTENANCE. Maintenance provided by Smile under this
Agreement does not include:
a) Repair of damage or increase in service time due caused by failure of the Customer to
provide i) a continually suitable environment for the Equipment as prescribed by the
manufacturer in the Equipment operating manual, or ii) failure to provide appropriate
electrical power, air conditioning, or humidity control.
b) Repair of damage or increase in service caused by: accident (including but not limited to
power surges (unless the machine has a Smile approved power filter installed), abuse, misuse,
moving, etc.), disaster (including but not limited to vandalism, fife, flood, water, wind, etc.),
use of Equipment contrary to the manufacturer's operating guide or for purposes other than
for which designed, and unauthorized modifications or repair by persons other than
autborized Smile representatives..
c) Painting or refinishing the Equipment, inspecting altered equipment, performing services
connected with relocation of Equipment, or adding or removing accessories, attachments or
other devices.
d) Repair of damage, replacement of parts (due to other than nonnal wear) or repetitive
service calls caused by use of incompatible supplies, toner brands not approved by Smile, or
copy paper not in specification.
e) Complete unit replacement or overhauling the Equipment.
f) Electrical work external to the Equipment or maintenance of accessories, attachments or
other devices not furnished by Smile.
g) Increase in service time caused by Customer denial of full and free access to the
Equipment or denial of departure from Customer's site.
h) Training beyond the initial key operator training given upon installation of the Equipment.
i) Re-installation of hardware or software, upgrades to hardware or software or
teclmical hardware or software support pertaining to external or internal image
processing, diagnosis and repair or replacement of print controller boards, fax
boards or scanner application unless Customer has Warranty Plus. (See above)
j) Connectivity, application, printer driver, operating system, network operating
system, network device support in relation to any networked printer, copier or other
networked device or locally connected printer unless Customer has Warranty Plus. (See
above)
The foregoing items excluded from maintenance service, if performed by Smile.
will be charged to the Customer at Smile's applicable time and materials rates and terms
then in effect.
4. INVOICING AND METER CHARGES (OVERAGE BILLINGS). Charges
for maintenance service hereunder will consist of a Base Charge (if applicable) that
includes a specified number of copies or images at a per copy or image rate, plus
applicable sales taxes. The Base Charge and Warranty Charges (if applicable) shall be
invoiced monthly in advance, with any overages (copies or images run in excess of the
allowance included for that cycle period per the Agreement) billed in arrears. Customer
agrees to pay at the end of each billing cycle for overages at the rate specified in this
Agreement, plus applicable sales taxes. Meter readings shall be provided by Customer at
the request of Smile. Failure to submit meter readings in a timely manner will allow
Smile to estimate the meter and bill Customer accordingly.
5. EXCESSIVE TONER USAGE. With respect to Ail-inclusive
Maintenance - Machinery, Smile reserves the right to charge Customer for toner
requested during the tenn of this Agreement in excess of the manufacturer's specified
yield for the number of copies or images run by Customer.
6. SUPPLY DELIVERY, All supplies included in this Agreement are
shipped when ordered by the Customer at no additional charge via UPS ground. For
supplies not included in this Agreement or rush shipments, a shipping and handling
fee will be charged. If Customer is within a 10-mile radius of Smile's business
location and requests a same day emergency delivery, a delivery fee at Smile's current
per call rate will be charged.
7. POWER FILTER. The Buyer will receive a power filter for use
exclusively with the new equipment. This power filter will remain the sole and
exclusive property of Smile Business Products, Inc. The Buyer agrees that the power
filter will remain on the equipment at the Buyer's facility as long as a Smile
Agreement is in force. If a power or data line related incident causes irreparable
damage to the Buyer's equipment while the power filter is in use, the Buyer will
receive a replacement machine of like features at no charge. The specific tenns and
conditions for replacement machine are available upon request. If the power filter is
lost, removed, or not returned from the installed site, the Buyer agrees to pay a
replacement fee of$150.00.
8. PRODUCTS, ACCESSORIES & SUPPLIES. The following tenns apply
to products, accessories & supplies provided under this program.
a) Smile shall transfer and deliver to Buyer the products, accessories and
supplies (the "goods") described in this document, and Buyer shall pay for such goods
in accordance with the tenns set forth on the Single Invoice Rental Agreement (see
sample document provided).
b) Smile, at its sole option will submit Buyer's application to the Equipment
Rental Company for purposes of fmancing this transaction. Submission of such
application shall not be deemed an acceptance of Buyer's offer. In the event of
acceptance of the application by the Equipment Rental Company selected by Smile,
Buyer agrees to cooperate with Smile and said Equipment Rental Company in
execution of all documents and compliance with all further additional reasonable
conditions imposed by said Equipment Rental Company, ifany.
c) Identification of the goods under Section 2501 of the Commercial Code
shall occur at the moment goods are delivered and accepted by customer.
d) This signed and counter-signed agreement supercedes and tenninates any
and all prior agreements, if any, whether written or oral, and all communications
between Smile and Buyer with respect to the subject matter of this agreement. The
Buyer agrees that it has not relied on any representation, warranty, or provision not
explicitly stated in this agreement, that no oral statement has been made to Buyer that
in any way tends to waive any of the tenns or conditions of this agreement, and that
this agreement constitutes the fmal written expression of all tenns of the agreement,
and it is a complete and exclusive statement of those tenns. No variation or
modification of this agreement. whether by the Buyer's purchase order or othetwise,
and no waiver of any of the agreement's provisions or conditions shall be binding
unless in writing and signed by duly authorized agents of Smile, the Rental Company
and Buyer.
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Customer Initial