SYMCO GROUP , INC 1 - 2002 - Laserfiche WebLink

Home Browse Search

EXHIBIT A lof3 SYM Revision One GROUP, INCORPORAT~ 18980724 (Ret&f9nce Number) EQUIPMENT MAINTENANCE AGREEMENT WITH THE OBJECTIVE OF KEEPING YOUR UNISYS EQUIPMENT IN SATISFACTORY AND EFFICIENT OPERATION, SYMCO GROUP, INCORPORATED AGREES TO FURNISH MAINTENANCE SERVICE AT OUR DESIGNATED LOCATION ON THE EQUIPMENT LISTED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS: ,. TERI.I The Initial term of the Agreement shall be ~ yea~ from the date accepted and executed by an authorized representative of SYMCO (the -et"fective date1 and thereafter may be renewed on a ~ .to- .:tEM.. basis unless terminated by either party upon.AQ... days written notice prior to the end of the then current lenn. 2. MAINTENANCE 8. SYMCO shall provide maintenance and parts to maintain equipment In good operating condition. Such maintenance shall be provided as required. and at such charges as designated by this contract. b. Parts necesSary to the proper functioning of the equipment shall be furnished at no additional charge, except parts damaged by causes listed in Paragraph B.b herein. 3.. "AlTACHUENTS CUSTOMER agrees not to employ additional attachments, features, or devices 10 the equipment, mak.e alterations to the equipment. or permit the maintenance of the equipment by other than SYMCO personnel without the written consent of SYMCO. SYMCO shall not be liable tor loss or damage to CUSTOMER resulting therefi"om, and CUSTOMER shall be liable to SYMCO for any service costs InaJrred by SYMCO as a consequence thereof. 4. SUPPLIES Maintenance charges do not indude the furnishing of supplies (such as ribbons, cards, paper tape, paper forms, or m39netic tape). Only supplies which meet Unisys specifications shall be used by CUSTOMER when the performance or maintenance of the equlpmant may be affected. 5. SHIPMENT OF EQUIPMENT (IF DEPOT MAINTENANCE) a. The parties agree that the method of equIpment packaging and shipment both to and from the Service Depot, shall be in accordance with commercially reasonable standards, consistent with the nature of the equipment and the hazards of transportation and handling. CUSTOMER agrees to package the equipment along with its service log In an authorized SYMCO container for shipment to the Service Depot. SYMCO agrees to return the serviced equipment to the CUSTOMER in an authorized SYMCO container. b. All b"ansportation expenses will be oome by CUSTOMER. 6. CHARGES AND PAYMENTS a. CUSTOMER agrees to pay maintenance charges upon submission by SYMCO of a correct Invoice thereof, Invoices shall be submitted on or aboul the first day of each period for which services are to be provided. ACCEPTED SYMCO GROUP, INCORPORATED 3073 McCall Drive, Suite 1 Atlanta, Georgia 30340 BY~;J, AJ~h- . TITLE tf1~R1ZEOSIGNATURE DATE q_ZI_z...t7Or b. This agreement may be suspended by SYMCO without notice, if payment is thirty (30) days In arrears, or tenninated by SYMCO, without notice, if payment is sixty (60) days in arrears. c. Any appUcable lax wiD be added to other charges specified. 7. CUSTOMER INSTAlLATION RESPONSIBILITIES CUSTOMER shalt: 0) continuously maintain a log of system use and performance and make same available to SYMCO upon request, (ii) condnuously maintain environmental conditions, electrical requirements and site facffities in accordance with Unisys recommendations and specific:alions, Qii) not abuse or misuse the equipment and (iv) Insure that CUSTOMER personnel are adequately nined to operate the equipment. 8. GENERAL CONDITIONS a. The equipment must be in good operating condition on the El't'ectlve Date of this Agreemenl b. SYMCO Is nol obligated under the terms of this Agreement to repair damage to equipment caused direclly or indirectly as a result of accident, negligence, or abuse of or by CUSTOMER or third parties, failure of CUSTOMER to maintain required environmental conditions; c:auses external to the system such as electrical power fluctuation or faRures; fire, windslcrm, the elements, or acts of God. Such repair will be rendered upon specific order by CUSTOMER, and after approval by CUSTOMER of the estimated charges thereof. c. This Agreement shall be transferable with the consent of SYMCO and CITY OF SA,NTA ANA, and upon transfer shall remain in effect until terminated as herein provided. d. IN NO EVENT SHALL SYMCO BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR OBlIGATlON UNDER THIS AGREEMENT. e, This Agreement may not be amended except In writing signed by an authorized representative of CUSTOMER and SYMCO. This Agreement constiMes the entire agreement between the parties and supersedes all prior communic:ations, proposals or agreements relating to mainlenance service of the equipment. f. It is agreed that the laws of the State of Califomia shall govern wilhout reference to the place of exeaJtion of performance ot same. Any and aU regal action to be transacted or brought In the courts of the State of California. CUSTOMER BY ITS SIGNATURE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT. UNDERSTANDS IT AND AGREES TO AlL ITS TERMS AND CONDITIONS. NAME CITY OF SANTA ANA AODRESS 20 CIVIC CENTER PLAZA SANAT~fNA. CALIFORNIA 92702 '/"~ fk---- ALrrHO~~~ATU~ ' . Thomas J. ~ergen M~n~gpr. Tnformation'Services CISIZ BY TITLE DATE 18 September 2001 -