HomeMy WebLinkAbout24-116 - Kelley Connect - Inserter Maintenance Agreement24-116
2271072nd Ave S P: 206.284.9100 Council Approval N/A
, o „ �� W'"�� III ,oa Ip Kent WA 98032 F: 206.285.4023 MAINTENANCE AGREEMENT
kelleyconnect.com
Bill To: ocation (if different than Customer Bill To #)
City of Tukwila Same
Customer Name:
6200 Southcenter Blvd
Address:
Tukwila WA 98188
City/State/Zip:
206-433-1849
Phone#: Fax #:
Joanna Fortenberry
Customer Contact:
Joanna.fortenberry@tukwila.gov
Contact's Email:
Equipment Covered:
Customer Name:
Address:
City/State/Zip:
Phone #: Fax #:
Customer Contact:
Contact's Email:
Equip ID
Model Number
Serial Number
Coverage
Start Date
Coverage
End Date
Annual Rate
M2484
Formax 6210 Inserter
1/15/2024
1/14/2025
795.00
795.00
Additional Terms:
Effective Date: 1/15/2024
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.
Customer Signature
Vicky Carlsen
Printed Customer Name
Finance Director
Customer Title
1/18/24
Date Accepted by Kelley
Date
PLEASE SIGN AND RETURN TO:
Kelley Mailing Systems, 22710 72nd Ave S Kent WA 98032
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Kelley Mailing Systems Maintenance Agreement Terms & Conditions
Kelley Mailing Systems (KMS) ("we", "us" 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 Additional Equipment Page relating hereto, and
shall make all adjustments, repairs and replacements necessary to keep the Equipment and any software in good working order. In accordance with its published specifications
("Maintenance") pursuant to the terms and conditions of this Agreement, said first page, the Additional Terms and Conditions and any applicable Additional Equipment Page shall constitute
the "Agreement" and capitalized terms shall have the same meaning throughout.
MAINTENANCE: Providing you are not in default of this Agreement, we shall provide on-site Maintenance during our normal business hours (8:00 AM to 5:00 PM, Monday - Friday,
excluding Federal Holidays) 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 first attempt to provide remote diagnostic and maintenance services to
utilize the key operator to resolve the service problem over the telephone before dispatching a service representative, and we shall train your key operator at no additional charge pursuant
to our standard training policies. We shall provide Maintenance at no additional cost, unless the required adjustments, repairs, or parts replaced are required due to: (i) failure to operate
the Equipment or Software under suitable temperature, humidity, line voltage, or any other specified environmental conditions; (ii) lack of reasonable care handling, operating, and
maintaining the Equipment and Software, including damage by misuse or mal -intent; (iii) use 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, supplies or other materials, or services not provided by us (excluding 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 use 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 unlawful purposes; or (xi) any loss or damage resulting from perils or casualty, including fire, water damage or other external cause; (all of
the foregoing causes the use or damaged materials or those not in compliance with the units specifications, such as paper or envelopes; (all of the foregoing causes collectively the
"Excluded Causes"). We shall perform Maintenance necessitated by Excluded Causes at 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 if bundled in a lease, or, if the unit is existing Equipment, as of the date herein, and will
renew for successive similar periods unless written notice of cancellation at least 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 until remittance 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 law. Such remedies shall be cumulative, 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 specifically agrees that this agreement shall
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 licensed to you pursuant to the terms of the license 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 if 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 formulate representation or
warranty that we can remedy such problems. Third party software not designated in this Agreement as serviced by us shall be subject to the license(s) and other agreement(s) between you
and the third party provider(s), and we shall not have any obligation or liability for same. Solution Sales & Software/Connectivity Support, after initial 30 days, will be charged on an hourly
basis.
CUSTOMER OBLIGATIONS: You hereby 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 supplies when necessary, and discontinue use of any supplies not provided by us that may increase the cost of Maintenance or cause damage to the Equipment
(c) Timely accept delivery of the Equipment and Software;
(d) Comply with your obligations under this Agreement, including 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, including providing adequate power, analog phone line and/or
computer network connections (if required), lighting, 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;
(j) Abide by the terms of any Software license agreements; and
(k) Execute any required documents to evidence our interests in the Equipment, Software, and Supplies
EXCLUSIONS: In the event KMS provides Service hereunder for any of the following units, the parts listed next to the said units are hereby expressly excluded from KMS obligations
hereunder.
-Ink Jet and Thermal Printers: Print Heads
-All Model Consumable Supplies: 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.
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