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HomeMy WebLinkAbout109184 LEWAN ASSOCIATES - CONTRACT - CONTRACT - 28088'd000m\ S Lewan & A S S O C I A T E S www.lewan.com OLUTIONS FOR BUSINESS NUENNNIR 1400 So. Colo. Blvd. 6300 E. Evans Ave. 0 1830 Palmer Park Blvd. P.O. Box 22&% Denver, CO 80222 Colorado Springs, CO 80909 Denver, CO 80222 303.759.9633 719.635.8100 303.759.5440 505 W. 4th Street E] 1807 Capitol Ave. 0 2900 Center Green Ct. S. sE Pueblo, CO 81003 Cheyenne, WY 82001 Boulder, CO 80301 ' 719.542.6361 307.637.3553 303.447.0890 5040 154 Road 249 Warren Ave. 8150 '*1608 S. College Ave. Glenmod Springs, CO 81601 P.O. Box 1227 ( fort Collins, CO 80525 970.945.4900 Sllverthorne, CO 80498 970.484.8822 970.468.6464 CUSTOMER tr t SHIP TO COMER NO. TrT-1D BILL TO CUSTOMER NO. 1 BR lj _DIV OQ---o (i (� SS^ 19 4 0 1 SERVICES ADDRESS PHONE — 3 BILLING ADD ESS TERMS P � ? a NET 10 DAYS WAC FAX CITY STATE ZIP CONTACT CITY STATE ZIP PROGRAM REVIEW wS aS Ulr � J CUSTOMER PURCHASE ORDER NO. SR CODE SIT RATE LEWAN REPRESENTATIVE NO.QQ E.B. DATE I Q 7O Lewan & Associates, Inc., agrees to provide services for the operation of the serial number Meter Reading: Billing Term/Frequency (CIRCLE ONE): Monthly- rterl Semi -Annually (Quarterly, Semi -Annually or Annually must be PAID IN ADVANCE.) Supplies Cost Service Cost per Copy per Copy Beginning Date. L2 Overage Cost/Copy $_ ©l ( WLJ SUPPLIES' included in this agreement ud1z: SERVICE included in this agreement: Total Cost Copy Allowance/ per Copy Minimum per Billing Term S`cJ x 3,0 Q -0U 14/10 = !(� colar -&- C-zljop• l2 Overage Start Annually Base Charge per Billing Term $ 336,00 Sales tax shall apply to all charges. 'Drums, when specifically Included in this Agreement, are included for normal use only, and will be replaced at no charge under this Agreement, provided they are not damaged by misuse, abuse or negligence. If the damage is determined by Lewan & Associates, Inc., to have been caused by misuse, abuse or negligence, the drum will be billed to the customer at current prices. Lewan & Associates, Inc., reserves the right of Immediate unwritten cancellation of this Agreement in the event that the payment terms are not honored by the customer as agreed. If Invoices are unpaid and overdue, the customer agrees to pay Lewan & Associates' cost and expenses of collections, Including the maximum attorney's fees permitted by law. Payment Terms: Net 10 Days (WAG). It is agreed that the supplies furnished through this Agreement will be used solely in the aforementioned copier, and failure to abide by these terms will result in breach of this Agreement. (Since supplies as checked above are furnished to the customer on a copy charge basis, purchasing these same items from another source will result in a duplicate payment for supplies.) Supplies, if included In Agreement, will be billed by meter during the warranty period. Supply shipments will be limited to customer's 60 day needs, as determined by customer volume and manufacturer's yields. It is agreed that Lewan & Associates may bill, and customer will pay, meter invoices based upon meter estimates, as long as the meter estimate does not exceed the actual meter by more than 10%. Machines will be moved at a standard charge of $95.00 per machine per move. Service will be rendered In accordance with the terms and conditions as set forth herein and on the reverse side hereof, which the CUSTOMER acknowledges having read and accepted. Title Date (Supply Service Agreement becomes effective Service Manager Date ,, ,,,,, , ,, „, only aRer acceptance by Service Manager) i TPIAN X /NSS"7j"`7"A77—S "77%fre'r, slif"llosillY, I evA '3 A', 0, 114" 0l0ril Under this contra, , fierejoaftsi- to 'i.! cl I s ha 'r-, \!"Ce 11,nc, I I i:kJ 3 to Eo ( OJl ' 'N :;l I )J it abru, pails aid w,flcrvris that Jdoer,s appropriate and necessary to maintain in rjoj(' optic tic ,: ccrtlo -In t,( se ( 'Dv-A-C' - ro u.- ltlrn-� -larI ',r :o s � P' I � I E Ovened by this AGREEMENT The term � SERVICE shall include the diagnosis and orr�ciiw �)f midfri,cli, ') ; -I�Ic 1, I�EpVirA- ft f.f ,,, the I,,DNA 1 I U'-1 P4 IOURS Of Monday through Friday, 9:00am to 5:00pm, local observed holidays exr, ki Rec, rr,!c, s of vrromcol 1 i 1n!3 -ior ma.ra i I;s re -of f( as J�1('1i -'IT-`,ol : P o responsible to, providing access to the PRODUCTS and to be sure that a reDrc S-iiat - l�; 1-ase"It IIa;' Error the? �-ER dC r.a inrc! Tr s r;3rT'.IEx,T th- !�o, P,, form, and Vo, i!vons, 1,0 E),igible PRODUCTS. shall be uisc "I ..,, PPOUi iCi I" lie'roec" li lew, 1.1 Covered FI-IC)OLICIC must rIQ 11( niIrCdJ 0 1 ttr car I-i tt qE o 1,2 PRODUCTS mast be in norro, of,( n'ti i 1 -Ofl,lifii,ns rand f:x 1,3 PRODUCTS will on thic, .a vir.od so tivo lecaa n ',I), ni AC, l,FFM,-NiT h, rm(G 1,4 Rofore this AGHIFFLIEN - may be L. Co re 11PODUUTS Ilay b. SGieo tc i,u uipluttron by 20 Qgv-,rea SERVICE expenses shall tic for Only tic so )Ri';r0UFS co r b.. life AGI,T?Eft MEN 1. 3tali rlslde rerid 1,g all alb-1 cInd mileage during NORMAL BUSINESS Ina sii' I ru],Alsfirs u ili,Jfior: of a i r r.,ris of suldpi"es not approved by COMPANY, natutal disate r andior to PRODUCTS art airs a,onrs Ilic to cnaolll i.c on -ovalEicbvq4sAGHEEMFN1. McUrnals usod in to se.vEcr. or ITZI)flf-CTS inolcr his are, hornishod on an PXchancip ros,V•tmplacnmrl`t PI'ts cy it soof liscreficill of COIAPANY, will be new or refurbished polls Of squat el Repla-,,eu roof i become ic, P; .)p, i ly CCf0r,'oNy, A Ctflar,futiter and und FaCS11clin PiOtat I;Ls, COMPA'-Y Joorovide #t, profs axceip,;oloy rfidrM', Urles Stine',uto-1 u,ilnermince will be provided by COMPANY 'et recommrpded inter vo.is .GU,,,-tT0L4FR c lot threcost o1supp:els risid illort, ie,k)o-,rtr,cr, or SERVICE ruoplie4 mustilo, al tl(,' loration of PRODUCTS, or ordered by CUSTOMER, as the SERVICE is schad� Ed, ed CUSTOMER agrees make av,-1i1aL'c ., Key Ope for properly operating PRODU f,ancl kilfill. in he responsibilities of Its Key Operator as set forth nh the operafor oLI1111). COMPANY maysuggest a roplacclinorit Key Oporalurb. Pi4sigicc, resp replacement Key Operators shall be hawed by COMPANY 0 is hilsto's as l;ol bnmg 2rdochlute;y fulfilled, Key Operators and 2,2 r TO, Ha—� P cCILIGIS, COMPAN ; steal P, ovide SERVICE 1c, computer hardwaie ielatoo PRODUCTS is outovied herein Such PRODLr-',-S may include CPUs. Network Hubs, Labor Printors, 011k Dnvi;s aid -1i;arwors. A(.`iRr-E,'EN'. does not Inchon any rir,,Iworb o� non -ielcork cabling, 2.3 COMPANY will piovidso SERVICE as describes, hoblin. COMPANY will Provide all necossory parts orcopt for those Wfich o1c (,onLx1able irclilding, but not limited to, SU[)I)ly items such as protective covers, toner, developer and aerie, unless oflher6e specified. 2.4 Software. AGREEMENT does list incluCIE only software, software resteraliOnt or SogsiRle training, CUS I-OMER is respOnsible fa ro'CiVoretrLICItion of lost or altered files, data or pwgrams and for the soconty of its pimpriortary, confidential and classif:ed inforrit 2,5 bquipmemt Loaners, AGREFli T (fees not provide fcr ally k,anal, oro"Ifirbsirlut. equtf me t suite PRODUC I ts 000 o[orating 2.13 Isolatsd Lir Eo It, the event COMPANY deformities that CUS FOMERivill need an isolated tin for "he PRODUCTS CUSI-011VII'li ;"Vl; 2`3 lo'NMY !IV 0i HISV3111log bud 'JIrTWg an ISOleted ine- Not propedy otifizilug an Isolated line in sudi case Shall vvidally warrarly, of an, nalu'." heleuludvtc, 3,f) QhangoilE. ior SERVICE shaft ho included under tills AGREEMENT, unless excripiiofis are, herein noted. Airlditionair charges, if necessronf, "'ill to NIled col CONIPANYs apnropriaie rate(s) for $I, flat PRODUCTS in similar time parameters. 31 COMPANY shall have prompt access to the PRODUCTS, sob�ect LijUS PONIFR S soouiftv bal-literrients. Failure to provdic I;fr.G!Y acOoss, resulting in excessivc expenditure of tirre and f&ceilisVolv travel efooenses will Iseult in additional chargeoi. 3,2 Charge for Service C'efirs on Erriiiiprneut not cQvisord by this AGREEMENT will be billed to CUSTOMER, 13 C,Ellgoa for Service Call s for PRODUCTS that result horn rflu.;u lr PRODUCTS, inlerfacus w.1f; PRODUG -IS instiIi0ed hy CUS Rytv]E000ral or (ulor. lioRwove problems. tolf?'Ph011e equipment omb'ems, use of non -approved or improper supplies. pr which are disqualifedin accordance with Soction 2.0 of this document, will be billed to CUSTOMER. 3.4 Any and all SERVICE performed during non NORMAL BUSINESS HOURS will be billed a, the premium rate for such type SE`IVICE calls, unless otherwise specified 35 Charges are duo, in full, on the 'after of either the first day of the agueement period or Net 10 daysNAC from the date of Invoice. CUSTOMER is responsible fur all applicable taxes. 16 In the event CUSTOMER defaults on its payments hereunder to COMPANY, all services and supplies provided by GOMIDANY doing the period covering the default shall he automirficafly adrusted to COMPANY'S then prevailing rat". 4,0 Trrp term of the AGRF.Efv1F.NT shall be for one full calendar vear or as designated on the face of this AGREEMENT 4.1 This AGREEMENT shall become effective on the date at this dOCUlonOt. 1) Once initial payment has been received, and 2) Upon signature by a service rin.anager. 4.2 TNs AGREEMENT may be, tairmortated by either party with thirty (30) days prior written notice. The cost of a terminated AGREEMENT shall be the greater of 1) A clio,led AGREEMENT or 2) Actual charge,. for SERVICE.Irerfornsed, 4,21 The min rmura pro rated chargo is that portion of this AGRf-EMEN-! whir: h is equal to lhnse 11) months cost, 4,3 Urine,' PrOvicusiy terminated, the AGREEMENT shall automatically renew, subject to any updated changes in price. ce. 4.4 CUSTOMER agrees that, should they have any past due balances With COMPANY for any reason, service under this AGREEMENT will be suspended until such past can balances have been satisfied. 5.0 Emu,s IQ the AGREEMENT -------- --- 5A SE9V1r11-- obligations he. eunder provided by COMPANY are coming-ni upon the proper use of !!is PRODUCTS and do not apply to any PROCIUC I w!'itch has been modified by a third Pai-al Without the consent of the COMPANY, 5,2 SERVICE obligations hereunder provided by COMPANY do not apply to any PRODUCT .khof.or has been subjected to unusual piloycicel I c000lucA slrock or stress, AGREEMENT does not include diagnosis, repair, or replacement parts for failures caused by viruses, 5,3 SERVICE obirgoi(ors I=rreunder provided by COMPANY du rot apply In lE."fires or rialf,irwhons, o` any turd, caused chrocily k:r it-Arer-Ill, by Year2000 Issues, as it is (xin-noril, understand nor any soap year function, 5.4 CUSTOMER bi :cspomrble for the selection and use of operating sun. fin's and acceceo-irr-3 Ordeal electrical Viclik external 1, the -nomtCTS that most, be nerdec to ens,jul responsible for proe'ding pain Or , UOJIACS L bed to ;eft fish PRODUCTS, undei 'If s AGREEMENT PRODUCTS oa-u:able operation. COMPANY shall not be t p 5 5 COMPANY snai ucc, be Jetle-ounpa to brin default o• any provision hereiri of bo'iank, for any delay, failw- 39 performance of riten,,ifrion of SERVICE resulting f-orn act,,-, of CIA or military tral'sportat.con dolays, inabizity to Obtain parts or riatoralf, fro mi suppliers, 0; any Other situation onyorle, 001vif-ANY'S rearislible e intmil, 5.6 CUSTOMER r8 role!y lostionemb, for the compatiniiii-y of lort-cove rell ecuiomient coitni fcovp,eldl PnODUCTS. CUSIONIF11, at rc�ocli of COMPANY foo O-PAs, is SOiVrfy md lip -esponsib'c for Lie 0, liver, sew . in . sfit louvre font red! PRODUCTS. 5.7 AGREEMENT ones nor Inude ificiacat,on O, notions or pelqphrve,,,z,I-I PRODUCT loot are purchased during me comorsif fit me ACqc1D,1,NI, 5.8 It any problem or tairurs is determined to not be related to the copier printer or hardware lnterrfacu, any service penlowmad by COMPANY shall be hired 1, COMPANY'S than content servine- rates. 14 0'roIr in udivlnal soctors of this b(oREEVIENI- 6.0 LT;rafluoco R !110 ef3did Liat) 1 tr, -11. - — -f� 10I , , -. r. - 6A The Warranty of Good Workmanship Is the only warranty offered by COMPANY, COMPANY specifically disclaims all otter warranties. of any nature or source, including without firatillobtion the Implied letartanties at merchantability and fitness for a particular purpose, as well as any warranty, regardless of its nature or source, related directly or indirectly to Year 2000 issues, as it is commonly understood, and any !eap year Imiction. 6.2 No obirgatunn of liability shall grow out of COMPANY rendering teminkroxi or cogrillor advice to connection With the 'service risidEriorcL 6.3 COMPANY'S entire liability and CUSTOMER'S sale and exclusive remedy, resulting from any damages whatsoever, shaft be Urri to the total charges under this agreement. ges paid for service 6.4 in providing service and materials hereunder, COMPANr shall not be liable for loss of use or for spedmi, Incidental or Joy r=socimend"I darnages or tiny kmtL In no event will COMPANY be responsible for loss of data, loss of stored artiniEvy, loss of use ofaquipme"t or productivity, lost poriibr, cost for substitute equipment or other do%vn- time costs for any reason. COMPANY shall likewise not be responsible for damage caused by CUSTOMER'S ratighgenoror intentional mistanduct,Throlie- exclusions shill{ ETI)b/Iocrin If CUSTOWP'S sole and exclusive 'Eured'y horet,oder fait i fnrlcce loasor A General 71 No niodffics-Mq -,r amsordmel" ut thlb ,if REF VENT vVfi 1,o onI7,ic; on party -I-,f this A�-H`f- T2 lc`�-- I - n pann, � i "-I'll - id;" ,� riol assgr able ov CUS I-O'NhE R. 7,3 1 t-is AGRJ7LJ1llzN'f cowa:rrs its entire Eigreeniont lbeheewi C1,111-10btL R and COMPANY, No ro,o!osen citions. wortoernWuTI3 X:1-11,qiis, cr i)1:'onviso, llol ccloIc'n0d hwon shall he of anv tirc,.E, I, 7,1 1 hiu ci4;I'Fr-A:ENT Seth--c at pi lor.ACiTEEMEi,1 -It fo): ,peccfiu Pf lot ,UC IS CUS 50ME! f acknowledges that CUSTCloIER has read this AUREEMEN], undersiarlis it, and agrees V71 be rrriu:Dd bv tom"', V"d o;ond1krrcs 7.6 This AGREE,'AENT slat )e g(.ve,9F-d ho, and construed aco-,oio is I I lErs lu-eI driV Ul COMPANY fsnri equal );:)psr[uniiy employer whose policy is t1i'M wo pegs ";) "Alair rc', ciscunto. t,00 atlb;uSl iii sir ilullbiy uEol beValuse III racV, 1�srl. 'eigion: s()XI tuot:fs)"i, Origin, physr;al hancicip rur,.,Cetan status. All provisions of Executive order '1246 of Sept etuber 24 965 relatingto Agiimafive Aolforr Clauses tor i�ctoare of :hfoViecnao era. and ail 7,8 It toner is sltioch; the. consumption shall be wim!n 10% of manufactures suggested y!rilds, A tin oorge 'far '.error c.Vns.arrPt10r exceeding 107, or manufacturer's suggested yields "all toe. charged at 'COMPANY'S ounrent relail price,