Laserfiche WebLink
1.MAINTENANCE AGREEMENT <br />During the term hereof Sharp will arrange for a designated Sharp Authorized Dealer ("Dealer") or Sharp <br />Business Systems ("SBS") to repair or replace, in accordance with the terms and conditions of this <br />Agreement, any part of the Equipment that causes the Equipment to not perform in accordance with <br />published operating specifications under operating conditions of normal wear and tear. <br />Equipment eligible for coverage under this Agreement, and added under separate schedules from time to <br />time, must be currently under warranty or to be renewed under a current Maintenance Agreement with <br />the Dealer or SBS Equipment that is not under warranty or a renewal of an existing Maintenance <br />Agreement will be subject to inspection and repair to manufacturer operating specifications prior to <br />acceptance under this Agreement. Equipment over five (5) years old may be subject to decline for <br />acceptance under this Agreement or for coverage at additional charge, per the Master Agreement. <br />Replacement parts will be furnished on an exchange basis and will be new, reconditioned or used; all <br />parts removed due to replacement will become the property of the Dealer or SBS. Maintenance services <br />provided by the Dealer or SBS under this Agreement do not include the following: <br />a) Repairs resulting from accident or misuse by the Customer (including without limitation improper <br />voltage or the use of supplies that do not conform to the manufacturer's specifications). <br />b) Repairs made necessary by service performed by person(s) other than the Dealer or SBS. <br />c) Additional service calls or work that the Customer requests to be performed outside regular business <br />hours. <br />d) Relocation, removal, rebuilding or remanufacturing of the equipment <br />d) Provision or replacement of consumable supplies such as paper, toner, developer or staples (unless <br />included on the front side of this Agreement). <br />2.12ERFORMANCE OF MAINTENANCE SERVICES <br />Maintenance services as described in Paragraph 1 hereof will be provided at the Customer's place of <br />business where the Equipment is located, indicated on the Schedule attached hereto, Monday through <br />Friday except holidays during the hours 8:00 AM to 5:00 PM. Preventative maintenance for the Equipment <br />will be provided as determined by the Dealer or SBS. <br />Remedial maintenance will be provided after notification by the Customer that the Equipment is <br />inoperative. The response time for an emergency service call should average four (4) hour response time, <br />96% of the time. Calls for non -emergency situations and some outlying areas will usually be handled the <br />next business day. <br />3. LIMITATIONS <br />There are no warranties, including the implied warranties of merchantability and fitness for a particular <br />purpose, not specified herein respecting the parts and maintenance services provided under this <br />Agreement. Sharp and its Dealer or SBS shall not be liable for non-performance caused by circumstances <br />beyond its control, including, but not limited to: work stoppages, fire, civil disobedience, riots and acts of <br />God. In no event will Sharp or its Dealer or SBS be liable for any indirect, special or consequential <br />damages arising out of this Agreement or services provided under this Agreement. <br />4.TERM AND TERMINATION <br />This Agreement will become effective as of the effective date indicated on the face hereof upon <br />acceptance by Sharp and continue in effect for each unit of Equipment until the expiration of the time or <br />copy limit indicated on the face hereof. <br />5. ASSIGNMENT <br />This Agreement is not assignable. Any attempt to assign or transfer any of the rights, duties or obligations <br />hereof is void. <br />6. HEADINGS <br />The headings and titles of this Agreement are inserted only for convenience and shall not affect the <br />Page 64 <br />Copiers and Managed Print services - RFP-NP-16-001, NASPO ValuePolnt Master Agreement Terms and Conditions, CMS # 140603 <br />25B-85 <br />