Service Agreement Terms and Conditions
- Service under this Service Agreement (Agreement) shall be provided within the hours of 9:00 am to 5:00 pm Monday to Friday, with the exception of major holidays or major weather events. Any service provided outside of those hours, if available, will incur an additional charge.
- This Agreement includes toner, parts and labor. All other consumable items, such as paper and staples are excluded. In all cases, putting in the toner, paper, and staples is the customer’s responsibility. Title to all toner and parts remain with the installing, servicing dealer until actually consumed. In the event of a cancelation of this Agreement for any reason, unused parts and toner must be immediately returned to the installing, servicing dealer or they will be chargeable to the customer.
- Only OEM toner will be used.
- The cost of service will not increase through-out the initial term of the lease.
- Toner and staples will not be shipped automatically. It is the customer’s responsibility to order toner and staples when needed, and to have enough on hand for anticipated usage. The installing, servicing dealer reserves the right to bill a shipping charge for the shipment of all supplies. Any rush supply shipments will incur an additional charge.
- Service calls due to the following are not covered by this Agreement, will be chargeable, and may void the Agreement:
- Operator negligence or misuse.
- Damage caused by paper clips, staples, or other foreign objects.
- Water, coffee, or other liquid damage.
- Breaking of platen glass, cassette units, exit trays, or other plastic items.
- Dusty environments which would not be found in a reasonable office setting.
- Fire, water, or other acts of nature.
- Electrical, phone line, or computer network problems.
- Damage caused by power surges.
- Service calls arising out of problems caused by usage of media which is outside of the manufacture’s specifications for that model will not be covered and will be chargeable, even if the out of spec media had previously performed adequately in the machine.
- Customer’s software, computers, computer network, and network cabling or connections, are not covered by this Agreement.
- Printing and scanning problems not caused by a hardware malfunction of the equipment listed on the lease are not covered. Diagnosing printing and scanning problems (unless caused by a malfunction of the hardware listed on the lease), reloading of print drivers, resetting of passwords, recreating address books, mapping of scan folders, etc. are not covered. Any computer or network related issues that are not directly a component of the equipment listed on the lease are not covered. This Agreement covers solely the equipment hardware listed on the lease. If a customer’s computer or network related problem triggers a service call, that call will be chargeable and is not covered by this Agreement. If the equipment is able to copy, and if the technician is able to print and scan to the equipment with the tech's laptop, then the equipment hardware is functioning properly and any printing and scanning problems are thus not covered by this Agreement.
- It is the customer’s responsibility to provide the proper electrical requirements for the equipment. Any service calls and/or parts needed due to incorrect power requirements will be billable to the customer.
- All per page costs, allowances, and image overage charges are based on an 8 1/2 x 11 or 8 1/2 x 14 single sided document. Any documents larger than 8 1/2 x 14 will be billed as two pages per each side of paper printed. 14. Any service invoices or lease payments that are not paid within 30 days of the date of the invoice will be subject to, at the installing, servicing dealer’s sole discretion, either: A. Refusing to service the equipment until the invoice is paid. Or B. Cancellation of the Agreement, whereby any service calls or toner shipments that were made during the Agreement period will be chargeable at the installing, servicing dealer’s then current time and material rates, plus all parts and supplies. Once those charges are all paid to the installing, servicing dealer, if the customer wishes to start a new Agreement on the equipment, the installing, servicing dealer may require an evaluation on the machine, for which the customer will be charged. Any work needed to get the machine into factory specifications and the installing, servicing dealer standards will be billable to the customer. If the installing, servicing dealer then agrees to accept a new Agreement on the equipment, the cost of that Agreement will be based on the installing, servicing dealer’s current Agreement prices for used equipment at that time, which is not related to what the installing, servicing dealer was charging the customer prior to the lapse of their previous Agreement.
- This Agreement is non-transferrable, nor can the equipment be relocated, without prior written approval from an officer of the installing, servicing dealer.
- All Agreements include an allotment of copies. Additional copies will be billed directly from the installing servicing dealer quarterly at the copy charges listed on this Agreement.
- During the term of this Agreement, the installing, servicing dealer will use commercially reasonable efforts to maintain in good repair and working order those devices for which services are provided. The installing, servicing dealer is not responsible for customer’s losses or outside charges for any reason.
- Service Agreements are not refundable.
- If a device becomes non-serviceable in the judgment of the installing, servicing dealer, they may require that the device be replaced or removed from the Agreement.
- All prices are plus applicable local taxes based on equipment location.
Remaining Obligation Check Terms and Conditions
You will be provided a check in the amount of $__________ representing the amount you calculated as the remaining payments on your current lease. This check in no way means that your current lease has been terminated, nor does it relieve you of any of your responsibilities that were agreed to when you originally signed the lease agreement. The check will not be provided to you until we receive full funding on your new deal approximately 2 weeks after installation of the new equipment. Please be aware that it is solely your responsibility to make the remaining payments to the lease company in a timely fashion. In addition, to avoid additional lease renewal payments being assessed to you, it is your responsibility to send the “End of Lease” letter to the lease company in accordance with their End of Lease / Renewal policies which typically must be received more than 90 days before the initial term of the lease is up. It is also your responsibility to secure the “Return Authorization” letter from the lease company once you make the final payment.
The lease company will continue to bill you until the equipment is returned to their warehouse, even if it is beyond the initial term of the lease. Lease companies will not allow for the return of any equipment until they issue a “Return Authorization” letter, which they will not do until:
- They receive your “End of Lease” letter typically more than 90 days before the lease expiration, and
- They receive all of your payments due (including any late charges or other fees)
Once these 2 conditions are met, you must call the lease company to receive the “Return Authorization” letter. They may not automatically issue this letter without your call, nor will they issue the letter to anyone outside of your organization.
Neither NoSalesGuys.com nor the installing servicing dealer assumes any responsibility for any additional charges or renewal payments that may be incurred on the above referenced lease.
If as part of this agreement your existing machine is being picked up and returned to a leasing company please be aware that you will need to obtain and forward the return authorization to the servicing installing dealer. Upon receipt of that authorization the equipment will be returned to the leasing company in accordance with the return authorization at no additional charge. Please note upon pickup a copy of the current lease should be presented along with the anticipated return date. Your equipment will be picked up and stored with no additional charge for the duration of the lease term provided the following:
- You maintain insurance coverage for the equipment;
- You, the customer, send the Letter of Intent canceling the lease to the leasing company within the required time frame (See lease for specifics); and
- You, the customer, agree to provide the return instructions in a timely manner to return the equipment. Neither NoSalesGuys.com nor the servicing installing dealer will assume financial responsibility for any lease renewal payments or additional fees or penalties incurred on the lease for any reason, including customer’s failure to provide timely notice to Lessor.
Our goal is always 100% complete customer satisfaction. We strive for a seamless installation of your new networked copier. In order to achieve that goal, we will need a little help from you.
- We will need the full cooperation of your IT person. Without their cooperation, our ability to properly connect the new equipment onto your network will be enormously hindered or rendered impossible. Because of this, we will need to communicate with your IT person before we can schedule the delivery of the equipment.
- There is a possibility that the physical presence of your IT person will be required on the day of the network installation. Every installation is different, and we will determine the necessity of their presence after communicating with them.
- Whenever possible, we aim to complete the network installation entirely by remote connection. This means that neither your IT person nor the IT person of the servicing installing dealer would need to be on site for the networking of the equipment. This is the best scenario.
- Please understand that even if everything runs as planned, there will be some disruption to your copying, printing, faxing and scanning while we complete the network installation. We make every possible effort to minimize this interruption. On the day of the installation, please be prepared for some time without the use of your machine. The full cooperation of your IT person will dramatically decrease the severity of this disruption.
In an effort to prevent the possible theft of any confidential or sensitive information that may be stored on the hard drive of the copier, the installing servicing dealer will perform an HDD overwrite at no additional cost to you. This process completely overwrites all data stored on the hard drive with a “0” (zero) one time. This one pass overwrite will make information recovery from the HDD virtually impossible. However, it is believed (but never proven) in the industry that a single pass with all zeros may not completely erase all the magnetic artifacts from a disk, and consequently a remote possibility exists that the data could be recovered from the HDD after the overwrite is performed. This type of data recovery, if possible, would require the use of specialized equipment such as an electron microscope, as well as significant technical knowledge.
With that in mind, if you need 100% assurance that data can never be recovered from your HDD the servicing installing dealer can remove the HDD and give it to you for destruction for an additional fee. Please note if your equipment is leased and being returned to a lease company, they will require the HDD in the machine and operational to avoid any additional charges to you.
LEASE TERMS AND CONDITIONS:
- Lease. You (the “Lessee”) agree to lease from us (the “Lessor”) the Equipment listed above and on any attached schedule (the “Lease”). This Lease is effective on the date that it is accepted and signed by us and the term of this Lease starts on the same date, or a later date reasonably calculated by us (“Commencement Date”) and continues thereafter for the number of months indicated above with all Lease payments being due as invoiced by us. You will arrange for delivery of the Equipment and you will inspect it upon your receipt. The Equipment will be deemed irrevocably accepted by you upon delivery to us of a signed Delivery and Acceptance Certificate. BY SIGNING THIS LEASE YOU AGREE THAT: (i) YOU HAVE READ AND UNDERSTAND ALL TERMS AND CONDITIONS OF THIS LEASE; (ii) THIS LEASE IS A NET LEASE THAT YOU CANNOT TERMINATE OR CANCEL, YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS DUE UNDER THIS LEASE, AND YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYMENTS FOR ANY REASON; (iii) YOU WILL USE THE EQUIPMENT ONLY FOR BUSINESS PURPOSES; (iv) YOU WARRANT THAT THE PERSON SIGNING THIS LEASE FOR YOU HAS THE AUTHORITY TO DO SO; (v) This Lease and any claims, controversies, disputes or causes of action (whether in contract, tort or otherwise) shall be governed construed, and enforced in accordance with Federal law and the laws of the State of New York (without regard to the conflict of laws principles of such state). The Parties consent to the jurisdiction of any court located within the State of New York, and waive any objection relating to improper venue or forum non conveniens. (vi) Jury Trial. BOTH PARTIES EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS LEASE. Should the above jury trial waiver be found unenforceable, then, upon the written request of any party, any dispute, including any and all questions of law or fact relating thereto, shall be determined exclusively by a judicial reference proceeding in accordance with Cal. Civ. Proc. Code § 638 et seq. or the applicable state’s equivalent state law. The parties shall select a retired state or federal judge as the referee. The referee shall report a statement of decision to the Court. If a payment is not made within 10 days of when due, you will pay us a late charge of 7% of the payment, but in no event greater than the maximum rate allowable under applicable law. We may charge you a fee of $25.00 for any check that is returned, but in no event greater than the maximum allowed under applicable law.
- Title: We have title to the Equipment. You grant us a security interest in the Equipment and all proceeds thereof, and authorize to file a financing statement.
- Equipment Use, No Warranties: WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS” AND MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. We are not the manufacturer of the Equipment and you will not make a claim against us for any consequential, direct, special or indirect damages for any reason. You have selected the Equipment based solely on your own judgment. Neither the supplier nor any salesperson is our agent or has authority to bind us in anyway. We transfer to you any assignable manufacturer warranties. You are required at your cost to keep the Equipment in good working condition and to pay for all supplies and repairs. You cannot move the Equipment from your location shown above or make any alterations to the Equipment.
- Assignment: You agree not to transfer, sell, sublease, assign, pledge or encumber either the Equipment or any rights under this Lease without our prior written consent, which consent will not be unreasonably withheld. We may, without notice to you, sell, assign or transfer the Lease and/or the Equipment and the new owner will have the same rights and benefits we now have (but not our obligations) and will not be subject to any claims defenses or setoffs that you may have against us or any supplier.
- Risk of Loss and Insurance: You are responsible for all loss or damage to the Equipment during the lease term. If either occurs, at our option you must either repair the Equipment to our satisfaction or pay the amount in 8(ii). You are also responsible for and will indemnify us against all claims for losses or damage caused by the Equipment which are made during or after the lease term. You will (1) insure the Equipment against all loss or damage naming us as loss payee, (2) obtain liability and third party property damage insurance naming us as an additional insured and (3) deliver satisfactory evidence of such coverage with carriers, policy forms and amounts acceptable to us. All policies must provide that we be given thirty (30) days written notice of any material policy change or cancellation. If you do not provide evidence of acceptable insurance, we have the right, but no obligation, to obtain insurance covering our interest in the Equipment for the lease term, and renewals. In that event you will be required to pay us an additional amount each month for the insurance premium and an administrative fee. That cost may be more than the cost of obtaining your own insurance. You agree that we, or one of our affiliates, may make a profit in connection with the insurance we obtain. The insurance we obtain (1) will not name you as an insured, additional insured or loss payee, (2) will not provide you with liability insurance, (3) may not pay any claim that you make (4) will not pay any claim made against you, and (5) may be cancelled by us at any time. You agree to cooperate with us, our insurer and our agent in the placement of coverage and with claims. If you later provide evidence that you have obtained acceptable insurance, we will cancel the insurance we obtained.
- Taxes: You are responsible for all sales and use (unless you provide us with an acceptable Sale/Use Tax exemption form), personal property or other taxes relating to the use or ownership of the Equipment, now or hereafter imposed, or assessed by any state, federal or local government or agency. You agree to pay when due, or reimburse us for all taxes, fines or penalties imposed upon the Equipment and, if we elect, you agree to pay us estimated property taxes either with each lease payment or at the end of the lease term as more fully set forth herein. We will file all sales, use and personal property tax returns (unless we notify you otherwise in writing). We do not have to contest any taxes, fines or penalties; however, you may do so provided (a) you do so in your own name and at your expense, (b) the contest will not result in any sort of lien being placed on the Equipment or otherwise jeopardize our rights in any of the Equipment, (c) you pay us for any taxes we remitted to the taxing authorities even though you may be contesting the taxes and indemnify and hold us harmless for any expenses, including legal expenses, we incur as a result of such contest. If we file such personal property tax reports, you will pay property taxes as invoiced by us.
- End of Lease; Return: You will give us at least 30 days but not more than 180 days written notice before the expiration of the initial lease term, or 30 days before the end of any renewal term, of your intention to purchase or return the Equipment. With proper notice you may: (a) purchase all Equipment as indicated above under “End of Lease Option” on an “AS-IS, WHERE-IS” basis (fair market value purchase option amounts will be determined by us based on the Equipment’s in place value); or (b) return all the Equipment in good working condition at your cost within 10 days after the end of the lease term, and to a location we designate. If you fail to notify us, or if you do notify us but do not (i) purchase or (ii) return the Equipment as provided in your notice, this Lease will automatically renew at the same payment amount for successive 30 day terms unless and until you notify us at least 30 days before the end of the renewal term that you will not renew and you return the Equipment at the end of the renewal term. If your payment frequency is monthly your payments during renewal remain the same. If your payment frequency is other than monthly, then your renewal payment shall be the monthly equivalent of your payment amount. Unless you purchase the Equipment at the end of this Lease, you will immediately deliver the Equipment to the party and location directed by us in as good condition as when you received it, except for ordinary wear and tear. You will pay for all outstanding lease payments, late charges, insurance charges, and our estimated property taxes on the Equipment based upon the prior year’s actual property tax, and expenses of deinstalling, crating, shipping, and insuring the Equipment for its full replacement value during shipping. Unless we request return to us, you must retain physical possession of the Equipment through the end of the initial or any renewal lease term.
- Default and Remedies: You are in default under this Lease if: a) you fail to pay a Lease payment or any other amount within 30 days of when due; b) you breach any other obligation under this Lease or any other Lease with us; c) you file, or have filed against you, a petition in bankruptcy; or d) any guarantor of this Lease dies or files, or has filed against it, a petition in bankruptcy. If a default occurs, we may do one or more of the following: i) assign, cancel or terminate this Lease; ii) require you to immediately pay us, as compensation for loss of our bargain and not as a penalty, a sum equal to (1) the present value of all unpaid Lease payments, past due, due and to become due for the remainder of the term of the Lease, plus the present value of our anticipated residual interest in the Equipment, each discounted at the lesser of the rate implicit herein or 4% per year, plus (2) all other amounts due or that are to become due under this lease; iii) require you to deliver the Equipment to us; and iv) exercise any other right or remedy available at law or in equity. We may peacefully repossess the Equipment and dispose of it and you will remain liable for any remaining deficiency balance hereunder. Our remedies are cumulative. You agree to pay all of our costs of enforcing our rights against you (including those incurred postjudgement). You will remain responsible for any amounts that remain unpaid including reasonable attorneys’ fees.
- MAINTENANCE $$$: Your Lease Payment includes an amount for maintenance by the Supplier (“Maintenance Portion”). You expressly agree and understand that we are acting only as an administrator for the Supplier for the billing and collecting of the Maintenance Portion and you agree to look solely to the Supplier under your maintenance agreement with the Supplier (Maintenance Agreement”) for such maintenance and you will pay us the amounts due under this Lease regardless of the performance of the Supplier.
- Miscellaneous: To the extent permitted by applicable law, you waive any and all rights and remedies conferred upon a lessee under Article 2A of the Uniform Commercial Code. We may inspect the Equipment during the Lease term. The Lease may only be amended by a writing signed by you and us. All notices must be in writing and are effective 3 days after deposit in the U.S. mail. If you transmit this Lease signed by you to us by fax or by scanned e-mail (“E-Mail”), you agree that, if we elect to do so in our sole discretion, the only version of this Lease that is the original for all purposes is the version containing your fax or E-Mail signature and our original signature. If you elect to transmit this Lease by fax or E-Mail, you waive notice of your acceptance of this Lease and receipt of a copy of the originally signed lease. This is the entire agreement regarding your lease of the Equipment and no verbal representations have been made and in any event are not binding. Any changes must be agreed to in writing by you and us to be effective. Any delay in enforcement by us is not a waiver of our rights. You agree to provide us with your most recent financial statements upon our written request.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for (i) if you are a legal entity, your name, address, and other information that will allow us to identify you; (ii) if you are an individual, your name, address, and date of birth. We may also ask to see your driver’s license or other identifying documents.
DATA SECURITY. Some or all of the items of Equipment returned to us at any time may contain sensitive information or data belonging to your organization, or your customer/clients/patients, that is stored, recorded, or in any way contained within or on the Equipment. You specifically agree that before the Equipment is shipped to or retrieved by us or our agents, or removed by a supplier, you will, at your sole cost and expense, permanently destroy, delete and remove all such information and data that is stored, recorded or in any way contained within or on the Equipment, to the extent that further recovery of any of such data and information is not possible. You have the sole responsibility to so destroy, delete, and remove all data and information stored in or on the Equipment. We have absolutely no liability for any data or information that you fail to so destroy, delete, and remove. All hard drives and other data retention components must function as originally installed after data removal.