HomeMy Public PortalAbout2009-11 Approving a Maintenance Agreement between VKB and Canon Business SolutionsRESOLUTION NO. 2009-11
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
MAINTENANCE AGREEMENT BETWEEN THE VILLAGE
OF KEY BISCAYNE AND CANON BUSINESS SOLUTIONS
CONCERNING COPIER EQUIPMENT AND MAINTENANCE
SERVICES; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council desires to obtain copiers and associated maintenance
services from Canon Business Solutions (the "Consultant"); and
WHEREAS, the Village Council finds that it is authorized to waive competitive bidding for
the proposed equipment and services pursuant to Section 2-85 of the Village Code, upon the Village
Council hereby finding that it is impracticable to apply competitive bidding procedures in light of
the need to expeditiously proceed with the agreement; and
WHEREAS, the Village Council finds that approval of the attached Maintenance Agreement
and addenda thereto between Consultant and the Village is in the best interest of the Village.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved. The Maintenance Agreement, Addendum to
Maintenance Agreement, and Addendum to Acquisition Agreement (collectively, the "Agreement"),
in substantially the form attached hereto, is hereby approved, and the Village Manager is hereby
authorized to execute the Agreement on behalf of the Village, subject to approval of the Village
Attorney as to form and legal sufficiency.
Section 3. Implementation. That the Village Manager is hereby authorized to take any
necessary action to implement the Agreement and this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 9th day of June, 2009.
ATTE T.
ONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
VILLAGE ATTO
C:\OFFICE\WPWIN\RESO\201-� ��• eso Maintenance Agreement with Canon (copiers).rtf
2
MAYOR ROBERT L. VERNON
Purchase Order 176
Order Date 6/12/2009
Issued To:
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
Canon Business Solutions
5200 Blue Lagoon Drive
Miami, FL 33126
Ship To:
Village of Key Biscayne
City Manager
88 West McIntyre Street
Key Biscayne, FL 33149
QTY
Description
Price
Amount
1
Contract# 07DD-162YC Term 60 Months @ 445.95 per Month
$445.95
$445.95
Total:
$445.95
Date
Authorized Signa
Page 1
Service
P.O Instructions
Canon Business Solutions
5200 Blue Lagoon Drive
Miami, 33126
Term: 60 Months
Payment: $445.95
Billing: Monthly
Contract: Pricing per University of Florida Contract #07DD-162YC
1 Canon 5055 to include 13,000 copies @ $80.60 per month. Overages to be billed
at .0062 per copy
1. Canon 5050 to include 11,000 copies @ $68.20 per month. Overages to be billed
at .0062 per copy
1. Canon 3245i to include 2,000 copies @ $12.40 per month. Overages to be billed
at .0062 per copy
1. Canon 3235i to include 8163 copies @ $58.77 per month. Overages to be billed
at .0072 per copy
1. Canon 3235i to include 8162 copies @ $58.77 per month. Overages to be billed
at .0072 per copy
1. Canon 4080i to include 7108 black and white copies @ $51.18 per month.
Overages to be billed at .0072 per copy.
Color copies to include 1785 per month @ 116.03 per month. Overages to be
billed at .065 per copy.
canon
CANON BUSINESS SOLUTIONS
Canon Business Solutions, Inc. ("CBS")
300 Commerce Square Blvd., Burlington, NJ 08016
(800) 613-2228
Custcn,er ''ou ? Customer Account:
Company: Village of Key Biscayne
Equ�pmert cca�ion Customer
Company: Village of Key
Account:
Biscayne
Address: 88 West McIntyre Street
Address: 88 West McIntyre Street
car: Key Biscayne State: Fl. Zip: 33149
City: Key Biscayne State: Fl. Zip: 33149
Contact: Jennifer Medina Phone#: 305-365-8919
Contact: Jennifer Medina Phone#: same
Email Address: Fax#.
For each unit of Equipment listed, you shall select a meter read collection option and
indicate specific contact and location (f different than above) in the space allotted in the
table below or in any Addendum to this Agreement.
n sr En tlf _
e.
PO RIM*
7 Key to fiat' Read Collet Options
Services, Inc. ("CFS")
E = Email
F
- mageWARE Remote (certain models only)
W = eManage website
Base Charge: IN CBS ❑ Canon Financial
Services, Inc. ("CFS")
X Yes ❑ No
Per Image Charge: CBS ❑ Canon Financial
'BastCharger c ling C
- Consumables Inclusive
Image Dependent (If yes, complete taw:)
I1 Toner
# of Months OR Maximum Covered Images
❑X Monthly ❑Quarterly ❑Other
❑ Other
(whichever comes first)
Excess Per Itttra l t rge Blllirtg Cycle
_ Coverage Plan
Price Plan
initial Term
E: Monthly ❑Quarterly ❑Other
60 Months (min. 12)
X Per Unit ❑ Fleet
0 Standard 0 Fixed
MAINTENANCE AGREEMENT
Salesperson Suzette Rousseau
Order Date 05 / 11 / 09
Subject to the terms and conditions of this Agreement CBS agrees to service the Equipment listed below or in any Addendum(s) to this Agreement (the "Equipment) at the charges stated herein or
therein. For newly installed Equipment, the Start Date is provided in Paragraph 1 of the Additional Terms and Conditions The Start Date for previously in place Equipment is _/_/
Model
Serial #
Start Meter
B & W Color
Covered Images per unit or Fleet
included in Base Charge
B & W Color
Per Image Charge in excess
of Covered Images
B & W Color
Base Charge per
unit or Fleet
Meter
Method
I R 5055
0
0
13,000
0
$0.0062
0
$ 80.60
I
Contact: Michael Fleming Phone#: 305-365-8912 Fax#:
Equipment Location: 88 West McIntyre Street Email Address:
IR 5050
0
0
11,000
_ 0
$0.0062
0
$ 68.20
I
Contact: Todd Hofferberth Phone #: 305-365-8900 Fax #:
Equipment Location: 10 Villa_ a Green Way Email Address:
IR3245i
0
0
2,000
0
$0.0062
0
$12.40
I
Contact: Mayra Gomez Phone #: 305-365-8989 Fax #:
Equipment Location: 560 Crandon Blvd. Email Address:
IR3235i
0
0
_ 8,163
0
$0.0072
0
$ 58.77
I
Contact: Madeline Lopez Phone #: 305-365-8913 Fax #:
Equipment Location: 88 West McIntyre Street Email Address:
IR3235i
0
0
8,162
0
$0.0072
0
$ 58.77
I
Contact: Madeline Lopez Phone #: 305-365-8913 Fax #•
Equipment Location: Email Address:
Subtotal from Supplemental Addendum
$ 167.21
CSTOMER POUCY
WITHIN THREE YEARS OF ORIGINAL INSTALLATION OF ANY NEWLOY INSTALLED CANON BRAND EQUIPMENT
Subtotal
$445.95
SPECIFIED ABOVE, CBS WILL, UPON WRITTEN REQUEST, REPLACE SUCH EQUIPMENT WITH A LIKE UNIT IF THE
EQUIPMENT IS CONTINUOUSLY UNDER THIS AGREEMENT FROM THE DATE OF INSTALLATION, YOU FULFILL ALL OF
Tax
THE TERMS OF THIS AGREEMENT APPLICABLE TO YOU AND YOU GIVE CBS A REASONABLE OPPORTUNITY TO CURE
ANY SERVICE PROBLEMS WHICH YOU MAY HAVE PRIOR TO REQUESTING A REPLACEMENT.
Total
$445.95
CBS agrees to provide Level "I" support for the following Application Software, as provided in Paragraph 3(b) of the Additional Terms and Conditions
„ It (Product Name)
BY YOUR SIGNATURE BELOW, YOU AGR 0 PUR SE E MAINTENANCE SERVICES SPECIFIED ABOVE. YOU ACKNOWLEDGE RECEIPT OF A COPY OF THIS
AGREEMENT, CONSISTING OF 2 PAGES UDING FE PAGE. THE ADDITIONAL TERMS AND CONDITIONS ON PAGE 2 HEREOF AND IN ANY ADDENDUM(S)
HERETO, ARE INCORPORATED AND r PART OF S - EEMEN
Customer's Authorized
, Signature /+ �,,
Printed Name GenaCO O %
Tale
IUo e Mariner Date LI "1J C
SER-023 December 2008 CBS
Canon
CANON BUSINESS SOLUTIONS
Canon Business Solutions, Inc. ("CBS")
300 Commerce Square Blvd., Burlington, NJ 08016
(800) 613-2228
Customer Account:
Company: Village of Key Biscayne
88 West McIntyre Street
City: Key Biscayne
Contact: Jennifer Medina
Email Address:
State: Fl. zip: 33149
Phone#: 305-365-8919
Fax #:
ADDENDUM TO
MAINTENANCE AGREEMENT
This document is to be utilized to supplement a new
Maintenance Agreement with additional lines for
Equipment.
Model
Serial #
Start Meter
B & W Color
Covered Images per unit or Fleet
included in Base Charge
B & W Color
Per Image Charge in
excess of Covered Images
B & W Color
Base Charge per
unit or Fleet
Meter
Method
IR4080i
0
0
7,108
1,785
$0.0072
$0.065
$167.21
I
Contact: Jennifer Medina Phone#: 305-365-8919 Fax#:
Equipment Location: 88 West McIntyre Street Email Address:
Contact:
Equipment Location:
Phone #:
Fax #:
Email Address:
Contact:
Equipment Location:
Phone #:
Fax*
Email Address:
Contact:
Equipment Location:
Phone #:
Fax*
Email Address:
Contact:
Equipment Location:
Phone #:
Fax*
Email Address:
Contact:
Equipment Location:
Phone #
Fax #:
Email Address:
Contact:
Equipment Location:
Phone #:
Fax #:
Email Address:
Contact:
Equipment Location:
Phone#:
Fax #:
Email Address:
Contact:
Equipment Location:
Phone #:
Fax #:
Email Address:
Carry forward to Face side of Agreement
BY YOUR SIGNATURE BELOW, YOU REQUEST THAT CBS
CONDITIONS OF THE ABOVE REFERENCED MAINTENAN
ADDITIONAL TERMS AND CONDITIONS OF THE REFE
MAINTENANCE AGREEMENT SHALL REMAIN UNC G -
Customer's Authorized Signature
Printed Name
OVIDE SER
AGREEMEN
NCED MAINT
ND IN FULL FOR
£encirc "Chip" .T(j
Title
Subtotal
$167.21
EQUIPMENT LISTED ABOVE IN ACCORDANCE WITH ALL OF THE TERMS AND
ENDUM SHALL BECOME EFFECTIVE AS PROVIDED IN PARAGRAPH 8 OF THE
GREEMENT. EXCEPT AS PROVIDED HEREIN, THE ABOVE REFERENCED
FFECT.
Date 71 10
SER-023A January, 2008 CBS
ADDITIONAL TERMS AND CONDITIONS
These are the additional terms and conditions referred to on the face page to which
they are attached (such face page, and any addendum(s) hereto, collectively with these
terms and conditions, the "Agreement').
1. TERM. Maintenance under this Agreement shall start on the date (the "Start Date')
of installation for newly instaled Equipment covered under toner inclusive or image
dependent service. For all other newly installed Equipment, the Start Date shall be at
the end of the relevant Equipment warranty or 90 days from installation, whichever
comes first. The Start Date is stated on the face page for all previously in place
Equipment.
(a) The initial term specified on the face page shall renew for successive 12
month renewal terms unless either party gives written notice of non -renewal at least 15
days prior to the expiration of the then -current term (except that in the case of image
dependent service, the renewal terms shall be of the same duration as the initial term).
CBS shall notify you of the renewal charges 30 days prior to the expiration of the
current term.
2. CHARGES. Base charges shall be billed in advance and per image charges,
including images in excess of covered images, shall be billed in arrears on a periodic
basis as specified on the face page. Invoices shall be due and payable upon receipt.
Applicable taxes shall be added to the charges. Prepaid charges shall not be
refundable except as provided in 3 (a) below. If payments are late, CBS may charge
you and you agree to pay, a late charge equal to the higher of ten percent (10%) of the
amount due or ten dollars ($10) for each billing period or portion of a billing period such
payment is delayed as reasonable collection fees, not to exceed the maximum amount
permitted by law. If the Standard Price Plan is selected on the face side, the charges
specified on the face page are subject to an annual increase up to 10% (as determined
by CBS in its sole discretion) on each anniversary of the start date. Fixed Price Plans
shall not increase during the initial term. If you have selected CFS on the face page as
the billing entity, your maintenance charges will appear on your periodic lease invoice
along with standard lease charges. CFS will remit your payment of maintenance
charges to CBS upon receipt.
(a) If image dependent service is selected, there shall be no per image
charges; however, notwithstanding paragraph 1 above and 2(b) below, the then -current
term shall terminate at the end of the number of months specified on the face page or
on the date when the images made exceed the maximum covered images specified on
the face page, whichever event occurs sooner.
(b) Toner inclusive and image dependent service includes replenishment of
consumables specified on the face page for exclusive use with the Equipment. CBS
may terminate this Agreement if you use the consumables in a different manner. In
the event your toner usage exceeds by more than 10% the published manufacturer
specifications for conventional office image coverage, as determined by CBS, CBS may
invoice you for such excess usage. You may purchase additional toner from CBS if
required during the term. You shall bear all risk of loss, theft or damage to unused
consumables, which shall remain CBS' property and shall be returned promptly upon
termination of this Agreement.
(c) If you have selected the fleet coverage plan, the base charge and the
covered images shall apply to the fleet, irrespective of the usage of individual units of
Equipment in the fleet.
(d) If you have elected to utilize the imageWARE Remote feature of the
Equipment, you authorize CBS (a) to transmit use and service data accumulated by the
Equipment over your network by means of an HTTPS protocol and (b) to store, analyze
and use such data for purposes related to servicing the Equipment and for product
improvement.
(e) You agree to provide meter readings to CBS, if applicable, in accordance
with the meter read option selected and CBS' normal procedures. If you selected CBS'
eManage website, you shall complete CBS' registration process governing access to
and use of such website. CBS may change your meter read options from time to time
upon 60 days notice. If CBS does not receive timely meter readings from you, you
agree to pay invoices that reflect CBS' estimates of meter readings. CBS reserves the
right to verify the accuracy of any meter readings from time to time, and to invoice you
for any shortfall in the invoice for the next periodic billing cycle.
3. COVERED SERVICE. CBS shall provide all routine preventive maintenance
and emergency service necessary to keep the Equipment in good working order in
accordance with this Agreement and CBS' normal practice. Such service shall be
performed during CBS' local regular business hours (8:30 A.M. to 5:00 P.M. Monday
through Friday, except holidays).
(a) You shall afford CBS full, free and safe access to the Equipment to perform
on -site service. CBS may terminate its maintenance obligations as to any Equipment if
you relocate it to a site outside CBS' authorized service territory. If, in CBS' opinion, any
Equipment cannot be maintained in good working order through CBS' routine
maintenance services, CBS shall, at its option, either n substitute comparable
Equipment or (ii) cancel any balance of the term of this Agreement as to such
Equipment and refund the unearned portion of any prepaid charges hereunder. Parts or
Equipment replaced or removed by CBS in connection with maintenance services
hereunder shall become the property of CBS and you disclaim any interest therein.
(b) CBS shall make available to you from time to time and at prevailing prices,
if any, such upgrades and bug fixes for the "Software" (namely, the software licensed
as part of the Equipment and the Application Software listed on the face of this
Agreement) as are provided to CBS by suppliers of the Software and are required (i) for
compatibility, (ii) to maintain supportability or (iii) for other reasons controlled by the
Software suppliers. CBS shall also use reasonable efforts to provide Level 1 support on
the Software. Level 1 support consists of providing help -line telephone assistance in
operating the Software and identifying service problems, facilitating contact between
you and the supplier of the Software to rectify such problems and maintaining a log of
such problems to assist in tracking the same. You acknowledge that CBS can only
coordinate such support for the Software to the extent that the Software supplier
addresses and rectifies the problems. You further acknowledge that it is your
responsibility to acquire packages for support and maintenance ("Support Contracts')
SER-023 December, 2008 CBS
for any Application Software and to complete the registration or other qualifications
process applicable to such Support Contracts if you desire support for service problems
beyond Level 1 support.
4. NON -COVERED SERVICE. The following services, and any other work beyond
the scope of this Agreement, shall be invoiced in accordance with CBS' then current
labor, parts and supply charges: (a) replacement of any consumable supply item,
including, without limitation, paper, toner, ink, waste containers, clear toner, fuser oil or
staples (except for toner inclusive service to the extent provided in Subparagraph 2(b)
above), other media, print heads and puncher dies; (b) repairs necessitated by factors
other than normal use including, without limitation, any wilful act, negligence, abuse or
misuse of the Equipment; the use of parts, supplies or software which are not supplied
by CBS and which cause abnormally frequent service calls or service problems; service
performed by personnel other than CBS personnel; transportation of the Equipment;
accident; use of the Equipment with non -compatible hardware or software components;
electrical power malfunction or heating, cooling or humidity ambient conditions; (c) re-
installation or relocation of Equipment; (d) repairs to or realignment of Equipment, and
related training, necessitated by changes you made to your system configuration or
network environment; (e) repairs or service required as a result of inadequate operation
of the Equipment (e.g., CBS technician is dispatched to rectify a problem described in
the operator manual); (f) work which you request to be performed outside of CBS'
regular business hours; or (g) repair of RIP or other network/system connection device,
except when listed on face page.
5. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY. CBS
EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE RELATING TO THE USE OR PERFORMANCE OF THE
EQUIPMENT AND SOFTWARE OR ANY METER READ COLLECTION METHOD
PROVIDED BY CBS. YOU EXPRESSLY ACKNOWLEDGE THAT THE FURNISHING
OF MAINTENANCE SERVICE UNDER THIS AGREEMENT DOES NOT ASSURE
UNINTERRUPTED OPERATION AND USE OF THE EQUIPMENT, SOFTWARE OR
METER COLLECTION METHODS. CBS SHALL NOT BE LIABLE FOR PERSONAL
INJURY OR PROPERTY DAMAGE UNLESS CAUSED BY CBS' NEGLIGENCE. CBS
SHALL NOT BE LIABLE FOR EXPENDITURES FOR SUBSTITUTE EQUIPMENT OR
SERVICES, LOSS OF REVENUE OR PROFIT, LOSS OR CORRUPTION OF DATA,
FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, STORAGE CHARGES OR
OTHER INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE EQUIPMENT,
SOFTWARE OR METER COLLECTION METHODS, REGARDLESS OF THE LEGAL
THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF CBS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. DEFAULT. You shall be in default of this Agreement if you fail to perform any of
your obligations under this Agreement, induding making prompt undisputed payments
when due. CBS may terminate this Agreement upon your default with thirty (30) days
notice to you. If an overdue payment is disputed in good faith within thirty (30) days
after the due date thereof, you shall pay all undisputed amounts and promptly make a
good faith effort to resolve such dispute with CBS. In the event of your default, CBS
may, without limiting its other rights and remedies available under applicable law and
this Agreement, require you to pay all charges then due but unpaid, including any
applicable late charges, plus the remaining base charges for the balance of the term
(not to exceed a period of 6 months). You agree that such charges are reasonable
liquidated damages for loss of bargain and not a penalty.
7. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY STATE
OR FEDERAL COURT LOCATED WTHIN THE CITY OF NEW YORK UPON
SERVICE OF PROCESS MADE IN ACCORDANCE WITH THE APPLICABLE
STATUTES AND RULES OF THE STATE OF NEW YORK OR THE UNITED
STATES. ANY AND ALL SUITS COMMENCED BY YOU AGAINST CBS, WHETHER
OR NOT ARISING UNDER THIS AGREEMENT AND REGARDLESS OF THE LEGAL
THEORY UPON WHICH SUCH SUITS ARE BASED, SHALL BE BROUGHT ONLY IN
THE STATE OR FEDERAL COURTS LOCATED WITHIN THE CITY OF NEW YORK.
YOU HEREBY WAIVE OBJECTIONS AS TO VENUE AND CONVENIENCE OF
FORUM. BOTH PARTIES IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN
SUCH PROCEEDINGS. ANY SUIT BETWEEN THE PARTIES HERETO, OTHER
THAN ONE SEEKING PAYMENT OF AMOUNTS DUE HEREUNDER, SHALL BE
COMMENCED, IF AT ALL, WITHIN ONE YEAR OF THE DATE THE CLAIM
ACCRUES.
8. ENTIRE AGREEMENT. This Agreement shall be binding upon you when you
sign this Agreement, and shall be binding upon CBS upon the installation of the
Equipment by CBS or commencement of the covered services if this Agreement is for
renewal of a prior maintenance agreement or for equipment previously installed. This
Agreement constitutes the entire agreement between the parties with respect to the
furnishing of maintenance service for the Equipment and Software, superseding all
previous proposals agreements, oral or written. Any purchase order utilized by you
shall be for your administrative convenience only, and any terms therein which
conflict with, vary from or supplement the provisions of this Agreement shall be
deemed null and void. No representation or statement not contained on the original of
this Agreement shall be binding upon CBS as a warranty or otherwise, nor shall this
Agreement be modified or amended except by a writing signed by both you and an
officer of CBS. If a court finds any provision of this Agreement (or part thereof) to be
unenforceable, the remaining provisions of this Agreement shall remain in full force and
effect. This Agreement shall not be assignable by you without CBS' prior written
consent, and any attempted assignment without such consent shall be void. You
expressly disclaim having relied upon any representation or statement concerning the
capability, condition, operation, performance or specifications of the Equipment and
Software, except to the extent set forth on the original of this Agreement.
9. ELECTRONIC ACCEPTANCE. You agree that CBS may accept an
electronic image of this Agreement as an original, and that electronic . • of your
signature will be treated as an original for all purposes.
Page 2 Customer Initial
canon
CANON BUSINESS SOLUTIONS
Canon Business Solutions, Inc. ("CBS")
300 Commerce Square Blvd., Burlington, NJ 08016
(800) 613-2228
C j stom,e r i Y x, )' Customer Account:
Corby: Village of Key Biscayne
Address: 88 West McIntyre Street
City:
State: Key Biscayne, FL.
zip: 33149
Contact: Jennifer Medina
Phone#:305-365-8919
Email Address:
Fax#:
ADDENDUM TO ACQUISITION AGREEMENT
No. (the "AGREEMENT") -
TRADE-IN, RETURN OR BUY-OUT REIMBURSEMENT
$ 45,000 to be paid under the circumstances described below. Payable to: ®You 0 Canon Financial Services
-
' w • fi , �'
d
•* _.. hl%" .• E w3.'- Y - ` ' .h' -a'. �.
„,„ !
,i S+
Please select one:
Pick -Up Information:
❑ Trade -In
Same Date as Delivery of Listed Items
❑ specified on the Agreement.
Please note that any applicable trade-in credit is reflected in the periodic lease
payments or purchase price as specified in the Agreement
❑ Other Specified Date: / /
❑ Ship Return Equipment to selected Leasing Company
(but no longer than 30 days after delivery of Listed Items under Agreement)
Contact Name Phone
❑Canon Financial Services ❑ CIT
Email
❑ Return Equipment to CBS. Original Order Date
Li Other
Special Removal Instructions:
.1H,c
-
r
�{�. $�t�, -
_ ; LM"�Il�1.717[� "��
r - - -
You have agreed to acquire from CBS certain Listed Items pursuant to the Agreement corresponding to this Addendum, and further agree, by your signature
below, as follows:
1. If Buy Out Reimbursement is selected above'
The Buy -Out Reimbursement indicated above will be paid directly to the designated party by CBS upon installation and testing of the Listed Items and
payment to CBS (by you or by the Leasing Company) of the purchase price for the Listed Items. The Buy -Out Reimbursement will be paid for the sole
purpose of reimbursement of early termination charges or fees and associated expenses payable for (a) early termination of the lease of the Trade-in or
Return Equipment or for other equipment being replaced by the Listed Items under the Agreement, (b) refinancing the lease of other equipment or (c)
preparation of the site for installation of Listed Items. You acknowledge and agree that CBS' financial obligation is limited to the Buy -Out Reimbursement
amount, and that you are responsible for any other obligations, including any charges which are not covered by the Buy -Out Reimbursement.
2. If Trade-in Equipment or Return to Leasing Company is selected above:
You hereby authorize CBS to pick up the Trade-in or Return Equipment listed above You agree to pay CBS' removal charges if, on the date specified above,
the Trade-in or Return Equipment is unavailable for pickup and removal through no fault of CBS If Trade-in Equipment is to be conveyed to CBS, you
represent that CBS will receive good and marketable title to each unit of Trade-in Equipment, free and clear of any and all liens and leasehold interests. If, for
any reason, you fail to deliver Trade-in Equipment to CBS on the relevant date specified above, you shall refund to CBS, promptly upon receipt of CBS'
invoice, the full amount of any trade-in credit reflected in the Agreement (which amount shall equal the fair market value of such Trade -In Equipment, as
determined by CBS). If Return Equipment is to be shipped to the Leasing Company specified above, CBS' sole obligation is to use commercially reasonable
efforts to pick-up and remove the Return Equi • -ent and t . rrange, on your behalf and at CBS' expense and risk (but only to the extent of obvious damage
in transit), for the shipment of the Return Equi • - nt to the I asin • • mpany.
THIS ADDENDUM SHALL BECOME EFFEC r E AND BI N e ' S ' ROVIDED IN PARAGRAPH 6 OF THE ADDITIONAL TERMS AND CONDITIONS OF
THE AGREEMENT. EXCEPT AS PROVIDE r ( REIN TH : G - E NT SHALL REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.
Customer's Authorized Signature
Printed Name 6-�e i1CI
SLS-004B September, 2008 CBS
ei 10
UI UCt3c Hanoi Date '?19/09