Agenda Packets - 2014/01/13 - Laserfiche WebLink

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otherwise agreed, consumable supplies such as toner, developer, paper, staples or supplies chat arc consumed in the annual operation of the Equipment; (vi) Repairs and/or service calls resuhiug from attachments or accessories not acquired from Ricoh; (vii) Any Software, system support or related comiectivity unless otherwise agreed in the Order; (viii) Electrical work external to the Equipment, including problems resulting from overloaded or improper circuits; (ix) Charges for installation of the Equipment or de -installation and/or movement of the Equipment from one location to another; or (x) Repair of damage or increase in service time caused by: accident, disaster (which shall include but not Uc limited to fire, flood, water, wind and lightning), transportation, neglect, power transients, abuse or misuse, failure of the Customer to follow Ricoh's published operating instructions, and unauthorized modifications or repair of Equipment by persons other than authorized representatives of Ricoh. (d) In the absence of a separate maintenance agreement for any software, if Ricoh is engaged to provide software support under an Order, during Normal Business Hours, Ricoh will provide advice by telephone, email or via the Ricoh or developer's website following receipt of a request from Customer to diagnose faults in the sofhvare acid advice to rectify such faults. Such support may be provided remotely. (e) Damage to the Equipment or its parts arising out of or other causes beyond, the control of Ricoh are not covered by an Order and may subject Customer to a surcharge or to cancellation of the Maintenance Services by Ricoh. In addition, Ricoh may terminate an Order if the Equipment is modified, damaged, altered or serviced by personnel other than those employed by Ricoh or are authorized by Ricoh to provide service and maintenance for the Equipment. (f) Service necessitated as a result of inadequate key operator involvement, operator caused damage, lack of recommended service, or use of inadequate or incompatible supplies may result in service being rendered on a time -and -material basis in addition to the Maintenance Charges (as defined in Section 5). 2 MAINTENANCE SERVICE CALLS. Maintenance service calls under an Order will be made allation address shown on tine Order. Travel and labor -time for during Normal Business Hours at the inst the service calls after Normal Business Hours, on weekends and on holidays, if and when available, will be charged at overtime rates in effect at the time the service call is made. Ricoh representatives will not handle, disconnect or repair unauthorized attachments or components. Customer is responsible for disconnecting and re -connecting unauthorized attachments or components. Customer hereby indemnifies and holds Ricoh and its employees and representatives harmless for claims for damages to any unauthorized parts, components or accessories resulting from service performed on Equipment covered by an Order. 3. RECONDITIONING. Rebuilding, reconditioning or major overhauls necessitated by usage not m accordance with manufacturer's published specifications, which shall be provided upon Customer's request, are not covered by an Order. In addition, if Ricoh detennines that a reconditioning is necessary as a result of normal wear and tear of materials and age factors caused by normal usage in order to keep the Equipment in working condition, Ricoh will submit to Customer an estimate of the needed repairs and the cost for such repairs (which costs will be in addition to the charges payable under this Maintenance Agreement). If the Customer does not authorize such reconditioning, Ricoh may, at its option: (a) discontinue service of the Equipment under an Order and refund any unused portion of the Maintenance Charges, or (b) refuse to renew an Order upon its expiration. After any such termination, Ricoh will make service available on a"Time and Material Rate" basis at Ricoh's then prevailing rates at the time of service. q, TERM. Each Order shall become effective on the delivery and Customer acceptance of the Equipment and/or solution and shall continue for the tent specified therein (the "hiitial Tenn") so long as no ongoing default exists on Customer's part. At the expiration of the Initial Term or any renewal tenn, Customer provides written notice of its intention not to renew within thirty (30) days of tine unless wal teen, the Order shall automatically renew on a month -to - expiration the roi Term or any reneor remedies tivhich either party may have under this month basis. In addition to any other rights Maintenance Agreement or at law or equity, either party shall have the right: to cancel the Services provided antler this Maintenance Agreement immediately: (i) if the other party fails to pay any fees or charges or any other payments required under this Maintenance Agreement when clue and payable, and 71185x1 01/08/2014 13:52 PNS 13538175