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Contract - Konica - 2005-10-13 421 s4 g03/ IQ/05/06 citYP rigft YCE RETURN THIS CONTRACT TO Nellr KONICA MINOLTA CONTRACT KONICA MINOLTA BUSINESS SOLUTIONS U.SA. INC. RECEIVFO ATTN: JEWELS RECEIVED $EP 1120 N TUSTIN RD. Account Number 648987 ANAHEIM CA 92807 OCT 1 0 2005 ����8tr��alu�tiNn't uwuuGl COSTA MESA SANITARY DISTRICT BILL TO: SHIP TO: Company COSTA MESA SANITARY DISTRICT Company COSTA MESA SANITARY DISTR Attention ACCOUNTS PAYABLE Attention ACCOUNTS PAYABLE Address 628 W 19TH ST Address 628 W 19TH ST City/State/Zip COSA MESA CA 92627 City/State/Zip COSA MESA CA 92627 Phone 714 393 4433 Phone 714 393 4433 EQUIPMENT# 1294079 Commencement Date 10/13/05 TO 10/12/06 Model DI2510 Serial# 31743128 Comments PLEASE CONFIRM THAT WE HAVE THE CORRECT E-MAIL ADDRESS WEB dgilbert@crosdca.net TERMS AND CONDITIONS AMOUNT DUE CHECK ONE: ANNUAL CONTRACT for a period of one year or copies, SUBTOTAL whichever comes first. SALES TAX ANNUAL CONTRACT billed monthly for a period of one year based upon a minimum monthly volume of 0 copies TOTAL DUE (NO MIN ) at a charge of 0.01045 per copy This contract includes all labor supplies (based upon published yields)as specified below parts, as needed bottles/cartridges of black toner as needed bottles of black starter Comments: by � a� (��e��rf�4O / -a7�s by 1a?-oS CUSTOMER SIGN E DATE MB IT MANAGER DATE F- 5, S T 1 M ✓ .)R-cs by /MANAG /0 7-0 / MBS SERVICE DATE When this Agr ement igned by the Customer nd the Br ch Servi Ma age it shall shlute binding Agr ement. PLEASE READ REVERSE SIDE OF AGREEMENT FOR ADDITIONAL TERMS AND CONDITIONS EQUIPMENT MAINTENANCE TERMS AND CONDITIONS 1 Konica Minolta Business Solutions U.S.A. Inc. (hereinafter 'KMBS"), agrees to perform maintenance service with respect to equipment in accordance with the following terms and conditions. 2. Only authorized KMBS personnel may make modifications to the Agreement. 3. This order is subject to acceptance only by an authorized representative of KMBS. Notice of acceptance is hereby waived by customer 4. THE EQUIPMENT MUST BE IN GOOD CONDITION ON THE COMMENCEMENT DATE OF THIS AGREEMENT KMBS CHARGES FOR PARTS AND LABOR REQUIRED TO PLACE THE EQUIPMENT IN SUCH CONDITION UNLESS COVERED UNDER ANY APPLICABLE WARRANTIES OR A CONTINIOUS MAINTENANCE AGREEMENT KMBS WILL INVOICE THE CUSTOMER AND THIS WILL BE IN ADDITION TO THE PRICE SET FORTH ON THE REVERSE SIDE HEREOF 5. Maintenance and other charges are those in effect at the time this agreement was accepted by KMBS or on the date of each renewal. Equipment maintenance service during warranty period shall be provided at no charge to the customer 6. Payment is due within thirty(30)days from the date of the invoice. Should the customer fail to make any payment due hereunder or be or become insolvent or be a party to or acquiesce in any bankruptcy or receivership proceeding or any similar action affecting the affairs or property of Customer KMBS may(1) refuse to continue to service the equipment or (2)furnish service on a time,travel and material basis,without prejudice to any other remedies KMBS may have. 7 Preventative maintenance service to be performed under this Agreement shall be performed at a time or times determined by KMBS and may be made at the same time as service calls. 8. Necessary service calls performed during normal business hours are included in the Agreement price. Overtime charges at KMBS'then current rate shall apply and be invoiced for all service calls made outside normal business ours. Normal business hours shall mean 8:30 am to 5:00 PM Monday through Friday exclusive of holidays. 9. This Agreement does not cover service necessitated by malfunctions of parts and for attachments of non-Minolta manufacture or by use of operating supplies such as paper and toner not compatible with the equipment. 10. Without prior written authorization,this Agreement shall not apply to any equipment which ceases to be at the customer location described on the reverse side hereof or is damaged through accident, abuse, misuse,theft,neglect acts of third parties,fire,water casualty or any other natural force. 11 Specification changes, alterations or attachments may require a change in the Agreement price set forth herein. Such changes shall become effective upon notice to Customer by KMBS. KMBS also reserves the right to terminate this agreement by notice to customer if KMBS determines that such changes, alterations or attachments make it impractical for KMBS to continue service to this equipment. 12. NEITHER PARTY SHALL HAVE ANY RIGHT TO CONSEQUENTIAL DAMAGES BY REASON OF ANY NONPERFORMANCE OF THIS AGREEMENT KMBS'LIABILITY IN CASE OF NON PERFORMANCE HEREUNDER SHALL NOT EXCEED THE PRORATED AGREEMENT PRICE SPECIFIED ON THE REVERSE SIDE HEREOF 13. This agreement is not assignable or transferable by customer without prior written consent of KMBS. 14. This agreement shall be for the period of one year or the numbers of copies indicated from the date set forth on the reverse side of hereof, whichever comes first. The customer has the option to renew this agreement at the then prevailing rates or be subject to service and supply charges hereafter 15. If customer elects to terminate this Agreement prior to its expiration, there will be a penalty charge equal to 25% of the face value of the Agreement. If the unused portion is less than 25%of the face value, Customer will not be entitled to a refund. Cancellation must be given in writing to the Service Location specified on the reverse side. KMBS will only terminate the Agreement if the customer does not adhere to all terms and conditions and/or non-payment. 16. Relocation or make ready shipment of equipment is not covered by this maintenance agreement. This service,when requested will be at the billable rate of KMBS.