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Rental Agreement Terms and Conditions
<br /> Francotyp-Postalia,Inc.,d/b/a FP Mailing Solutions,Inc.("FP"),makes the following agreements with the e.FP reserves the right to replace your rented equipment with products with similar or enhanced features
<br /> customer set forth on the first page of this Rental Agreement("Customer')for the Term-an Initial Term in the event your current equipment is not replaceable or has been decertified by the USPS.
<br /> (commencing on the Installation Date)-and for any Renewal Term under the term plan customer selected 7.IF CLAIMS OR DISPUTES BETWEEN CUSTOMER AND FP SHOULD ARISE:
<br /> above: a. If Customer fails to pay rent or other amounts due FP on the date due,or if any legal action commences
<br /> 1.EXPLANATION OF PRODUCTS which may result in another's taking of the equipment:FP can terminate this Agreement,without notice or
<br /> a.Meter—A device that manages the financial transactions of a mailing machine.This can be a standalone legal action,and Customer will allow FP to enter the location of the Equipment and repossess it;and
<br /> unit or device,known as a Postal Security Device(PSD),which is inserted and housed in the mail handling Customer will pay FP accrued rent up to the repossession date or the Current term expiration date,
<br /> equipment. whichever tames later,and a delinquency charge of 15%per month(but not in excess of the lawful
<br /> b.Rental Equipment—Any equipment outside of the meter that is rented from FP. Examples include maximum)on any unpaid amounts until paid.Customer further agrees that,should it become necessary to
<br /> mailing machine base,accessories,scales,etc.Such equipment may require service,which will be invoiced place the account with a collection agency or attorney,Customer will pay all collection costs and attorney
<br /> separately to the customer. fees incurred by FP in addition to other amounts due.
<br /> c.Rental Services—Non-tangible product services that are rented by FP. Examples include rateguard", b. In the event of any litigation between Customer and FP,Customer and FP hereby agree that any and all
<br /> resets;etc. disputes,claims,actions,or controversies arising between the parties of whatever nature(including,but
<br /> 2.FP WILL: not limited to,any and all contractual,statutory,equitable,or tort claims)shall be brought only in either
<br /> a. Rent to Customer and facilitate installation of the above-listed meter, rented equipment, and/or the United States District Court for the Northern District of Illinois or in the Circuit Court of the 18th Judicial
<br /> services at Customer's installation address,in good working order and ready to use. District,DuPage County,Illinois;and both Customer and FP hereby consent to both venue and personal
<br /> b. Maintain the meter in proper operating condition by repair or replacement of non-consumable parts. jurisdiction in those courts to the exclusion of all others.Each party also waives any right to a trial by jury.
<br /> 3.CUSTOMER WILL: B.ACKNOWLEDGMENT OF DEPOSIT REQUIREMENT:
<br /> a. Pay FP using one of our acceptable payment methods including:mailing to the lockbox address stated a. Customer hereby acknowledges that it must transfer funds to the USPS" through a lockbox bank
<br /> an invoice or paying online at www.fo-usa.com.Failure to pay on-time can result in any of the following: ("lockbox bank")for the purpose of prepayment of postage on Computerized Meter Resetting System
<br /> locking of the meter device,being unable to perform resets,and FP recovery of the meter.Customer will (CMRS)-equipped meters("Deposit").
<br /> be billed an NSF fee equal to lesser of$50 or maximum allowed by law if check or electronic payment is b. Customer may make Deposits in the lockbox bank account,Identified as United States Postal Service-
<br /> returned due to non sufficient funds. CMRS-FP. The USPS"may,at its discretion,designate itself or a successor as recipient of Deposits by
<br /> b. Intend the rental payments hereunder to be net to FP,and Customer shall pay all sales,use,or excise Customer.
<br /> taxes;fees or charges imposed on the shipment,transportation,delivery,ownership,leasing,rent,sale, c.Any Deposit made by Customer shall be credited by the USPS"only for the payment of postage through
<br /> purchase,possession,or use of the equipment(except Federal or State net income or franchise taxes CMRS-equipped meters. Customer shall not receive or be entitled to any interest or other income earned
<br /> imposed on FP).Customer shall reimburse FP upon demand for any taxes listed paid by or advanced by FP, on such Deposits.
<br /> FP is responsible for any personal property taxes on items rented.The customer is responsible for sending d. The USPS"will provide a refund in accordance with the rules and regulations governing deposit of funds
<br /> FP any property tax bills. for CMRS,published in the Domestic Mail Manual Transition Book or its successor.
<br /> c. Use reasonable care in the handling and operation of the rented meter,equipment,and/or services and e. FP may deposit funds on behalf of Customer.The USES'will make no such advances. Any relationship
<br /> be responsible for any loss or damage to the rented equipment,including provision for proper insurance concerning advances is between Customer and the Meter Manufacturer.
<br /> -" coverage.FPa d•eeFtoHeate f. Customer acknowledges that the terms of this Acknowledgment of Deposit may be changed,modified,
<br /> .UW,A 9a ati a444oes.Use of non-FP consumables(ink,rate chips,etc.)could result in a malfunction to the or revoked by the USPS",with appropriate notice.
<br /> machine.The customer is responsible for repair due to damage done by non-FP products.In the event the g. Postal regulations governing the deposit of funds for CMRS are published in the Domestic Mail Manual
<br /> meter or equipment is damaged the customer is responsible for the lesser of repair or replacement costs. Transition Book or its successor. Customer acknowledges that it shall be subject to all applicable rules,
<br /> These costs are available in the"my account"section of the FP website. regulations,and orders of the USPS".
<br /> d. Not use special attachments,printing plates,or other devices,including electronic scales or supplies, 9.ASSIGNMENTS:
<br /> with the provided equipment unless FP supplies them or agrees to their use in writing. a. FP may assign the payments and other obligations owned by Customer under this Rental Agreement to
<br /> e. Urn postage meters only for postage imprinting and recording purposes. (Tampering with or misuse of a third party(the"Assignee")without any prior notice to Customer. If FP does make such an assignment,
<br /> the postage meter(s)is punishable under Postal Laws and Regulations.) Customer agrees that the assignee has all of the rights and remedies granted to FP under this agreement,
<br /> C Make immediately available for examination and audit by FP or the USPS"any postage evidencing but none of FP's obligations. Customer also agrees to unconditionally pay all amounts due under this
<br /> system or PSD in their possession. agreement to the Assignee,without set-off,regardless of any problems that may arise with respect to the
<br /> g. Notify FP of any change in location of the rented meter,equipment,and/or services,and reimburse FP equipment or any claims,defense,or off-sets that you may have or assert against FP.
<br /> for any reasonable cost incurred by FP as a result of the change.Reporting of the change of meter location 10.TERM AND TERMINATION.
<br /> is required by the USPS". a. This Agreement shall be for the initial Term set forth on the first page of this Agreement,and shall
<br /> h. Return the rented equipment to FP,at Customers expense,to a location designated by FP,in good automatically,without any action by either party,renew for a period of one year(a"Renewal Term")at the
<br /> conditions normal wear and tear accepted. Customer also agrees to reimburse FP for any cost FP incurs to end of such initial Term.At the end of such Renewal Term,this Agreement,again,automatically renews for
<br /> return the rented equipment to goad condition. an additional Renewal Term,unless terminated in accordance with the terms of Section 10.
<br /> i. Be responsible for paying for rate updating software if rateguard'"coverage is not selected. b. Either party to this Agreement may provide notice to the other party of its
<br /> j. Customer will be responsible for the shipping and handling fees when an exchange is done not related intent not to renew this Agreement pursuant to paragraph(a)above. Such notice must be in writing and
<br /> to a contract change or warrantee claim.See the"my account"section of the FP website for the current must be delivered to the other party no later than ninety(90)days(or the maximum time period permitted
<br /> by applicable law)prior to the end of the Initial Term or then-current Renewal Term.
<br /> fees.
<br /> fe ADDITIONAL TERMS FOR telesef"METER RENTALS: c. This Agreement may be terminated at any time by either party in the event of a material breach of
<br /> 4. rs advance postage these Terms and Conditions by the other party. In the case tysuch a breach,the non-breaching party must
<br /> a. A bank designated by the Postal Service will act as a depository for Customer's written notice of such breach to the breaching party. The breaching party shall have ninety(90)
<br /> payments. days(or the maximum time period permitted by applicable law)from the time it receives such notice to
<br /> b. Before resetting its teleset"meter,Customer must have at least the amount of the reset increment in cure such breach.
<br /> Customer's account at the designated bank. 11.USPS°ACKNOWLEDGMENT:
<br /> c. If FP provides temporary advance funds to Customer's account to cover the resettings,Customer agrees a. To the extent that the activities for which the Postal Service is obliged to perform particular functions,
<br /> to repay FP's advance within five(5)business days and to pay FP's then-current service fee and/or interest. those functions will be governed by the Domestic Mail Manual,as may be amended from time to time,or
<br /> d. FP will invoice Customer quarterly in arrears for the reset fee(if applicable)on each completed its successor,in effect at the time of the obligation. Specifically,to the extent that the Postal Service
<br /> provides refunds to customers using postage evidencing devices,the policy and procedure governing the
<br /> telephone reset transaction. payment of refunds will be conducted in accordance with the Domestic Mail Manual,as amended,in effect
<br /> e. If Customer discontinues its teVeset°"Meter rental account,FP will endeavor to have the USPS"return at that time.
<br /> the funds(must be over$25)in Customers account within 90 days after Customers written request,per L.If the meter is used in any fraudulent or unlawful scheme or enterprise,or is not used for any
<br /> USPSa CFR Volume 73,Number 210,pages 61255-61356 and Domestic Mail Manual 604.9.2.8 regulations; consecutive 12 month period,or if the undersigned takes the meter or allow the meter to be taken outside
<br /> but FP does not guarantee that those funds will be returned by any specific date. the United States without proper written permission of the U.S.Postal Service,Washington,DC 20260-
<br /> {,teleset'"downloads must be performed on an analog phone line. 6807,or if the undersigned otherwise fails to abide by the signs of postal regulations and this lease
<br /> S.rateguard": regarding care and use or the meter,that this Agreement and any related postage meter rental may be
<br /> a. FP rateguard"is a service that provides automatic rate upgrades to FP Customers when U51?5"rate revoked.The undersigned further acknowledge that any use of this meter that fraudulently deprives the
<br /> changes occur.When signed up for rateguard",the Customer pays a monthly charge to be billed on the U.S,Postal Service of revenue can cause me to be subject to civil and criminal penalties applicable to fraud
<br /> same billing cycle as their FP postage meter or FP postage scale.The Customer will receive updated rates and/or false claims against the United States.The submission of a false,fictitious or fraudulent statement
<br /> (rate chip,rate card,software download,or other necessary products)—free of charge from FP,per their can result in imprisonment of up to five(5)years and Fines of up to$10,000(18 U.S.C.1001). In addition,a
<br /> rateguard"Program agreement. civil penalty of up to$5,000 and an additional assessment of twice the amount falsely claimed may be
<br /> b. FP will provide eligible Customers the opportunity to receive the necessary updated rates(rate chip, imposed(3 U.S.C.3802).A false statement in this application or the mailing of matter bearing a fraudulent
<br /> rate card,software download,or other necessary products).The Customers account must remain current postage meter imprints are examples of violations of these statutes.
<br /> and be in good standing at the time of each rate change to remain eligible for the benefits of the c.The undersigned is responsible for immediately reporting(within twenty-four hours)the theft or loss of
<br /> rateguard"program. the postage meter that is subject of this agreement to the lessor. Failure to comply with this notification
<br /> c.The rateguard""Program must remain in effect on the Customer's account for a minimum of the initial provision in a timely manner may result in the denial or refund of any funds remaining on the postage
<br /> contract term. Once the initial term is satisfied,rateguard"will remain in effect until the end of the meter at the time of loss or theft.
<br /> corresponding rental equipment and/or services rental agreement. d.The undersigned understands that the rules and regulations regarding the use of this postage meter as
<br /> d.FP reserves the right to modify pricing with 30-days written notice,after the initial contract term. documented in the Domestic Mail Manual may be updated from time to time by the United States Postal
<br /> e. rateguard"does not cover carrier rate changes occurring fewer than 60 days from the date that Service and it is the undersigned obligation to comply with any current and future rules and regulations
<br /> rateguard"is added to the Customer's existing rental agreement/contract.This restriction does not apply regarding its use.
<br /> to new Customers who have signed a rental agreement fewer than 60 days before a carrier rate change.
<br /> 6.GENERAL PROVISIONS: THESE TERMS AND CONDITIONS APPLY ONLY TO THE METER,RENTED EQUIPMENT,AND/OR SERVICES SET
<br /> a.Customer acknowledges FP's exclusive ownership of the meter(s)and equipment,and that Customer FORTH ON PAGE ONE OF THIS AGREEMENT AND DO NOT APPLY TO ANY OTHER FP EQUIPMENT.
<br /> has no rights except for use for the Rental Term,and agrees to indemnify and defend FP from any claims,
<br /> legal actions,and costs(including attorney's fees)resulting from Customer's use and operation,and will Signature of Customer's Authorized Repres tative:
<br /> take reasonable action,to protect FP's ownership.
<br /> b.THIS AGREEMENT 15 THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND FP,SUPERSEDES ANY PRIOR $y:
<br /> UNDERSTANDINGS OR WRITINGS,AND IS SUBJECT TO WRITTEN FINAL ACCEPTANCE BY FP'S MAIN OFFICE.
<br /> c. Notices must be in writing and are given,when received by mail,to Customers or FP's main office or to Printed Name: 1 �,A �/ r
<br /> another address of which Customer or FP later give notice. ,,,.,i m 44,1 C" !W!a t
<br /> d.When distribution to customer is selected,the equipment must be set up with the customer within 15
<br /> days as rental billing will begin at that time.Any billing issues,as a result of delayed installation,will be,the Date:
<br /> responsibility of the Customer.
<br /> FM_MG_RENTAGR_PDstBase30A2 Page 2 04/10/2012
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