HomeMy WebLinkAbout22-139 - Kelley Connect - Postage Meter Maintenance AgreementilU
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Bill To:
City of Tukwila
Customer Name:
6200 Southcenter Blvd'
22710 72nd Ave S
Kent WA 98032
kelleyconnect.com
P: 206.284.9100
F: 206.285.4023
Address:
Tukwila WA 98188
City/State/Zip:
206-433-1800 x0
Phone#:
Felipe Ayala
Fax #:
Customer Contact:
Felipe.ayala@tukwilaWA.gov
Contact's Email:
Equipment Covered:
Same
22-139
Council Approval N/A
MAINTENANCE AGREEMENT
ocation (if different than Customer Bill To #)
Customer Name:
Address:
City/State/Zip:
Phone #:
Same
Customer Contact:
Same
Fax #:
Contact's Email:
Equip ID
AZIBID/AZBIE
Model Number
Send Pro 3000 WOW
Serial Number
Coverage
Start Date
0/2022
Coverage
End Date
9/30/2023
Annual Rate
MIw960-00
MISID2
15# Scalle
15" IDnspllay
Same
Same
Same
Same
1949.50
Inclluded
lnclludec
ISIP
Powe r Stacker
Same
Same
Inclluced
Total for ALL Machines:
Additional Terms:
1949.50
Effective Date:
11/10/2.02.2.
CUSTOMER ACKNOWLEDGEMENT
You acknowledge receipt of and agree to be bound by Kelley Mailing Systems additional sales terms and conditions, which are incorporated herein.
This is a non -cancellable one year agreement.
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Customer �Mgnacure
Allan Ekberg
Printed Customer Name
.Signetl via Seamless Docs.com
Mayor, City of Tukwila
Customer Title
APPROVED AS TO FORM
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REV 052112
11/9/2022
Date
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Accepted by Kelley
11/9/202.2.
Date
Page 1 of 2
Kelley Connect Mailing Systems Maintenance Agreement Terms & Conditions
Kelley Mailing Systems (KMS) ("we", is or "our") shall provide to the entity designated under the "Bill to Firm Name" on the first page, entitled "Maintenance Agreement" ("Customer",
"you" or "your) maintenance services for the equipment ("Equipment") and software ("Software") designated on the first page and in any Additionall Equipment Page rellating hereto, and
shall make alldjustments, repairs and replacements necessary to keep the Equipment and any software in good working order. In accordance with its publlished specifications
("Maintenance) pursuant to the terms and conditions of this Agreement, said first page, the Additionall Terms and Conditions and any appllicablle Additionall Equipment Page shall constitute
the "Agreement" and capitallized terms shall have the same meaning throughout.
MAINTENANCE: Providing you are not in defaullt of this Agreement, we shall provide on-site Maintenance during our normall business hours (800 AM to 500 PM, Monday - Friday,
exclluding FederalHoliday) for any unit of Equipment or Software that has continually been covered under a Kelley Mailing Systems Maintenance Agreement. For requested Maintenance
outside of our normal business hours, rates in effect at the time such service is requested will be charged. We will irst attempt to provide remote diagnostic and maintenance services to
utilize the key operator to resollve the service probllem over the telephone before dispatching a service representative, and we shall train your key operator at no additional charge pursuant
to our standard training poficies. We shall provide Maintenance at no additional cost, unless the required adjustments, repairs, or parts repllaced are required due to: (i) faillure to operate
the Equipment or Software under suitabb temperature, humidity, line voltage, or any other specified environmentalconditions; (ii) lack of reasonable care handling, operating, and
maintaining the Equipment and Software, inclluding damage by misuse or mal -intent; (iii) sise of the Equipment or Software not in accordance with the agreed applications and for the
ordinary purpose for which it is designed; (iv)use of accessories, suppllies or other materialls, or services not provided by us (exclluding paper); (v) any alterations to the Equipment and
Software; (vi) the use or damaged materials or those not in compliance with the units specifications, such as paper or envelopes; (vii) the LiSe of the Equipment in excess of its volume rating;
(viii) malfunction of equipment, parts, components, or software provided by your or third parties and not approved by us which interface with the Equipment or Software; (ix) forgo major
events; (x) use of the Equipment or Software for unllawfull purposes; or (xi) any 11055 or damage resulting from perils or casualty, including fire, water damage or other extern all cause; all of
the foregoing causes the use or damaged materials or those not in compliance with the units specifications, such as paper or enveIopes; all of the foregoing causes collectively the
"Exch.' ded Causes"). We shall perform Maintenance necessitated by Exclluded Causes art our then current time and materials rate, and quote an estimate of the cost for such Maintenance in
advance if requested by you.
MAINTENANCE TERM: This Maintenance Agreement is effective for (12) months, or for lease term d bundled in a Icase, or, d the unit is existing Equipment, as of the date herein, and will
renew for successive similar periods unless written notice of cancellation at Ileast 30 days prior to renewal is provided and accepted by KMS. If you cancel at any time other than on your
anniversary date, we are not obligated to issue any credit invoice or refund. If you acquire additional accessories for the Equipment, or add new equipment, we will provide coverage and
adjust your rate accordingly, Maintenance will be billed in advance unless noted in Additional Terms,
BREACH OR DEFAULT: If the Customer does not pay all charges, billed under the terms of this Agreement, promptly when due, or in the event of a breach of any of the other terms of the
Agreement, KMS may (a) refuse to service the equipment untilremittance is made, (b) provide service on "Per Call" basis rates, (c) require C.O.D. payment in full at the time of service and
any supplies) at KMS's "Per Call" basis rates, and (d) take any and all other actions as provided by Ilaw. Such remedies shall be cumullative, and the waiver of any one breach by customer
shall not be deemed a waiver or any other or subsequent breach.
PRORATIONS AND TRANSFERS: If the covered equipment is upgraded with equipment purchased from KMS, any unused portion of a paid agreement may be prorated and applied toward a
service program for the new equipment. This agreement may not be assigned by the Customer without KMS prior written consent. Customer specific* agrees that this agreement shalll
not terminate upon Customer's election to sell, transfer or remove from service any equipment covered by this Agreement, unless KMS agrees in writing to terminate this agreement prior
to such sale, transfer or removal from service.
SOLUTION SALES, SOFTWARE/CONNECTIVITY: Any Software shall be Ilicensed to you pursuant to the terms of the Ilicense agreement provided with the Software. You must complete our
Site Survey prior to installation of any Equipment or Software that shall be connected to your computer network. In reliance on this information we will either proceed with the installation,
or advise you of problems or potential problems that may limit the functionality or your use of such Equipment or Software. Once accepted by you, or d the Site Survey is incorrect or there
are any changes to your computer network or software, any attempts by us to remedy such problems will be at our standard charges then in effect, and we formullate representation or
warranty that we can remedy such probIems. Third party software not designated in this Agreement as serviced by us shall be subject to the licenses) and other agreements) between you
and the third party provider(s), and we shall not have any obligation or liability or same. Sollution Sales & Software/Connectivity Support, after initial 30 days, will be charged on an hourly
basis.
CUSTOMER OBLIGATIONS: You herby agree to:
(a) Immediately notify us when maintenance is required and provide us with access for inspecting or servicing the Equipment or Software during our normal business hours;
(b) Replace suppllies when necessary, and discontinue n.150 of any supplies not provided by us that may increase the cost of Maintenance or canse damage to the Equipment
(c)Timelly acceptdelivery of the Equipment and Software;
(d) Comply with your obligations under this Agreement, inclluding making payments when due;
(e) Make available a key operator or machine operator, as the case may be, for our standard training in the use of the Equipment and Software. Should this person change, you shall inform
us immediately so the new key operator can be trained;
(f ) Provide complete and accurate information pertaining to your computer network and software programs pertaining to the Equipment being connected to your network, or Software to
be provided hereunder;
(g) Have the area where the Equipment is to be installed prepared and ready to receive the Equipment prior to its delivery, inch.' ding providing adequate power, analog phone inc and/or
computer network connections (if required), fighting, humidity, HVAC, and security, and to be ready to have the Equipment installed upon delivery;
(h) Accurately complete our site Survey for connected Equipment and Software;
(i) Have your computer(s) and/or network available and ready to receive any software;
()Abide by the terms of any Software license agreements; and
(k) Execute any required documents to evidence our interests in the Equipment, Software, and Suppllies
EXCLUSIONS: In the event KMS provides Service hereunder for any of the folIllowing ninits, the parts listed next to the said units are hereby expressly exclluded from KMS obligations
hereunder.
-Ink Jet and Thermal Printers: Print Heads
-All Model Consumable Suppllies: Ink, Ink Rollers, Ink Cartridges, Paper Tape, Strip Tape, Tape rolls, Ribbons
AGREEMENT: This Agreement constitutes the entire agreement between the parties, and supersedes all previous negotiations, commitments and agreements with respect to this subject
matter. This agreement may not be modified except in writing signed by both parties. The terms of this Agreement shall prevail over any inconsistent terms appearing on any purchase
orders or acknowledgements submitted by customer.
KIEV 052112 Page 2 of 2