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Home My WebLink About13-124 - Kelley Mailing Systems - 2013-2018 Postage Machine Maintenance❑Kelley Bill To: City of Tukwila 8725 S 212th St Kent, WA 98031 kelleymailing.com P: 206.284.9100 F: 206.285.4023 Customer Name: 6200 Southcenter Blvd Address: Tukwila, WA 98188 City /State /Zip: 206 - 433 -1830 Phone #: Fax #: Customer Contact: Contact's Email: 13-124 Council Approval N/A MAINTENANCE AGREEMENT Equip Location (if different than Customer Bill To #) Same Customer Name: Address: City /State /Zip: Phone #: Fax #: Customer Contact: Contact's Email: Equipment Covered: Coverage Included in Secap Lease Payment? Y Connect +3000 and peripherals TBD 7/30/2013 9/20/2018 2064.80 15# Scale TBD Included Laser Printer TBD Included Total for ALL Machines: $ 2064.80 Annually Additional Terms: First 12 Months no charge, Bill Quarterly Effective Date: On Install 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. REV 052112 Date Accefted • Kelley /s Pr r1t d Customer Name Date PLEASE SIGN AND RETURN TO: Customer Title Kelley Mailing Systems, 8725 5 212th St, Kent, WA 98058 Uv7aL Page 1 of 2 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 : the term of the lease, or, if the unit is existing Equipment, as of the date herei , . _ : • ' you cancel i • - • - - - - - • • - _ - _ _ .. .. .. . If yo ancel 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 KM5 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. REV 052112 Page 2 of 2