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Home My Public Portal About2003-04 Service Contract Renewal.tifFUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard Pkwy, San Jose, CA 95134 Date of Quote: 12/20/02 Bill -to Contact FCPA SERVICE CONTRACT QUOTATION Quotation #: 0009478 Location Contact Site* 113235 Conchita Alvarez Village of Key Biscayne 85 W. Mc Intyre St Site* 113235 Conchita Alvarez Village of Key Biscayne 85 W. Mc Intyre St Key Biscayne, FL 33149 Key Biscayne, FL 33149 Phn: 305-365-5506, FAX: 305-365-8914 Phn: 305-365-5506, FAX: 305-365-8914 Terms (please check one): Payment Type (circle one): Check/PO/Account Number: Expiration Date: / PO / VISA / Mastercard Invoices MUST be paid within terms to avoid interruption in service. Model Serial No Start Date End Date Service Type Resp. Time Unit Price M4097D R599 01/03/03 01/02/04 ScanCare Plus Next Day 1495.00000 11495. Applicable tax will <q 1 5tVe le ? fication number is provided; ''��// �,�j�� /`/ Comments This quotation is valid for thirty days. To obtain maintenance: Review and sign the above quotation. Make Purchase Orders or checks payable to Fujitsu Computer Products of America Attn: Accounting Maintenance Contracts 2904 Orchard Pkwy, San Jose, CA 95134-2009 Fax signed quotation and copy of purchase order or check to: To'a Hempler, Phone: 702-395-2153, FAX: 702-395-2549 Customer A e•Lance of Price Quotation: 4.11(4? Signature //7/C3 Date 29725 CHECK Inv. No. 29725 Inv. Date Claim No. Inv. Amount 122002 12/20/02 15347 Desc.: SERVICE CONTRACT ON SCANNER 1/03-1/04 1,495.00 29725 Village of Key Biscayne CLEARING ACCOUNT 85 W. McIntyre Street Key Biscayne, Florida 33149 SUN TRUST SunTrust Bank, Miami, N.A. 63-60/660 CHECK DATE AMOUNT 29725 01/15/03 $1,495.00 PAY EXACTLY ** ONE THOUSAND FOUR HUNDRED NINETY FIVE DOLLARS AND 00/100 ** PAY FUJITSU COMPUTER PRODUCTS TO THE OF AMERICA ORDER 2904 ORCHARD PKWY OF: SN JOSE, CA 95134- 1859 29725 de __dos AUTHORIZED SIGNATVAE cG p i S9 AUTHORIZED SIGNATU LLa GV/ VL V.7. .// /1•• • ./• FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard Pkwy, San Jose, CA 95134 FU�ITSU SERVICE TERMS & CONDITIONS 1. SERVICE Customer shall be entitled to purchase service on FCPA's products, ("Equipment") as described in the attached service description ("Services") Service hours shall be from 7 00 am to 5 00 p m daily, Monday through Friday, except legal holidays, which are New Year's Day, Memorial Day, Independence Day Labor Day, Thanksgiving Day, and Christmas Day Service may be provided by FCPA or its authorized service provider ("Service Provide() 2 EXCLUDED SERVICE Maintenance Service provided under this Agreement does not include the furnishing of supplies or accessories for the Equipment unless specified in the service description, or repair of damage resulting from any cause other than ordinary use, or causes by operation of the Equipment with non-FCPA equipment or supplies With respect to excluded Service, FCPA will submit a description of the parts or services necessary to restore the Equipment to proper operating condition and the estimated charges based of FCPA's time and material rates then in effect If FCPA is not granted permission to perform such repairs at Customer's expense, FCPA may terminate all its obligations under this Agreement with respect to such Equipment 3 TERM Maintenance Service will begin on the Effective Date and will remain in effect for an initial period of one (1) year ("Term") Thereafter, Maintenance Service may be renewed for one (1) year periods ("Renewal Period') or until terminated earlier as provided elsewhere herein 4 PAYMENT AND PRICE CHANGES Customer shall pay maintenance Service charges, including all applicable federal, state and local taxes, but excluding taxes based on FCPA's net income, on an annual basis prior to the commencement of Service Annual Service fees for Renewal Periods are subject to change upon forty-five (45) days' prior written notice, except that FCPA may adjust the charges for the then current Service period if Equipment specifications attachments, or features change during such period 5 EQUIPMENT ADDITION Customer may add Equipment eligible for support, at any time, upon giving FCPA thirty (30) days prior written notice In order to be eligible for Service, the Equipment must be currently supported by FCPA and in good working condition All Equipment added after the Effective Date shall assume the unexpired portion of the then current annual Service period 6 LIMITATION OF LIABILITY Customer agrees that FCPA and Service Provider will only be liable for personal injury or damage to real property or tangible personal property to the extent caused by FCPA's or Service Provider's negligence The amount of claim for any other actual loss or damage is limited to $50,000 In all cases any claim must be brought within twelve (12) months after the occurrence of the alleged act or omission giving rise to damages 7 WARRANTY FCPA warrants that Service will be performed in a professional and workmanlike manner FCPA'S OBLIGATIONS UNDER THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED, AND FCPA SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FCPA AND SERVICE PROVIDER WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, THIRD PARTY CLAIMS, LOSS OF PROFITS OR DATA, OR LOSS OF USE OR OTHER BENEFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE PERFORMED UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, EVEN IF FCPA OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 8 TERMINATION Either party may terminate the Agreement without cause at any time upon sixty (60) days prior written notice to the other party Should FCPA terminate the Agreement without cause, FCPA shall refund to Customer any prepaid but unused Service charges on a pro rata basis Either party may terminate this Agreement upon written notice to the other party (i) for failure of the other party to comply with any material term or condition of this Agreement and such failure is not remedied within thirty (30) days after receipt of written notice of such failure by the other party, (it) if the other party makes an assignment for the benefit of creditors, becomes unable to make payments due, or becomes the subject of any bankruptcy, receivership, or similar proceeding FCPA may terminate this Agreement if Customer is in default of this or any other agreement with FCPA 9 GOVERNMENT Customer shall not use FCPA as a U S government contractor or subcontractor, nor shall any Federal Acquisition Regulations ("FARs") be applicable to this Agreement without FCPA's express prior written consent If Customer breaches the foregoing obligation Customer shall indemnify and hold FCPA harmless from any and all fees costs, expenses and lost profits that result therefrom 10 GENERAL FCPA will not be responsible for failure to provide Service due to strikes or causes beyond FCPA's reasonable control FCPA may assign this Agreement and its rights under this Agreement to any its parent or an affiliate Customer may not assign this Agreement without FCPA's prior written consent Any notice or communications between the parties shall be in writing and personally delivered or forwarded by first class mail, postage prepaid, to the parties' respective addresses shown in this Agreement Notices shall be deemed given at the earlier of (i) their actual receipt or (t) five (5) days after the date of mailing This Agreement may not be amended and no provision of this Agreement shall be considered modified by either party unless the amendment or modification is made in writing and signed by both parties This Agreement and its attachments shall be governed by the laws of the State of California, with exclusion of its conflicts of law provisions, and constitute the entire agreement with respect to Service The terms and conditions of this Agreement shall apply, notwithstanding any differences in the terms and conditions of any order or other document submitted by Customer Any preprinted terms and conditions as contained in any Customer purchase order shall be deleted and be void and of no effect In the event that litigation is instituted between the parties in connection with any controversy or dispute arising from, under or related to this Agreement, the judgment therein shall include a reasonable sum to be paid to the prevailing party for and on account of attorneys' fees and costs incurred in such litigation, including those incurred on appeal If any provision herein IS held invalid or illegal by any court of competent jurisdiction, the same shall be deemed severable, shall in no way affect any other provision, and shall be deemed replaced by a provision which comes closest in language and intent without being invalid or illegal Failure to enforce any provision shall not be construed to be a waiver of such provision or any other provision Ss, ,c C.�.ait_ �e lei CV/ VC, Vy. J/ 1111 r.71 1 l.I A I G4111114U1 Il FUJITSU COMPUT 2904 Orchard Pkwy, San Jose, C gtS OF AMERICA, INC. ScanCare Service Description FUJITSU SeturCare is an annual scheduled preventative maintenance program designed to provide Customer with the consumables necessary to meet the Recommended routine maintenance services which Customer is responsible for as outlined in the Operator's Guide for the Fujitsu scanners (the "Pr oclu ct •' ) Under this sen ice offentu', Customer mos receive the following services and kits Please refer to Figure L Covered Services for specific services covered for each product r;Quipment Inspection & Profile — Upon receipt of the Activation Card by Fujitsu, a Fujitsu Authorized Service Provider ("FASP") will come on - site to Inspect Customer scanner and to prepare a scanner maintenance ofile form The profile establishes the ieconimended consumable replacement and preventative maintenance schedule Operator Training Upon receipt of the Activation card by Fulrtsu, a FASP will come on site to provide Customer with naming on proper way to perform routine maintenance. including time saving tips Service will be per formed during business hours at a time mutually agreed upon between FAS P and Customer Consumables Kits — Each Scan Care maintenance pr ogram includes automatic delivery of consumable kit(s) to the end -user site The number of kits depends on seamier model Note: The Consumable lets provided Customer dunng the nraintenantx- period contain quantities of parts required for cleaning and maintenance care of the Product based on normal use Should Customer require additional constunables, Customer may purchase these parts by contacting a local Fujitsu reseller Preventative Maintenance Calls — On site Preventative maintenance will be per funned by a FASP Preventative maintenance includes cleaning of the unit and replacement of consumable parts (M3099 only) Service will be provided during normal business hours at a time to be mutually agreed upon between the FASP and Customer Included Service ScanCare ScanCare Plus Departmental Production (M3093,M3096, M3097, (M3099, M4099, M4097, F1-4640, SP93GX, Fl 4990) FI-4340C, FI-4750) Departmental Production (M 1093,M3096, M3097, (Iv13099. M4099. M4097, FI 4640, SP93GX, FI-4990) FI-4340C, FT -4750) On site Break fns iepair Number of Consumable kits Ktt Contents Preventative Maintenance Visits _' Inspection and Profile Operator Training 1 Year 1 Year 1 5 (see reference guide) 2 not required 1 not required 1 1 Year 1 Year 1 6 (see reference guide) 2 3 1 1 1 1 Figure 1, Covered Service On -site Break -fix repair — Each ScanCare maintenance program includes on -site break -fix repair of Customer scanner for one year. Services covered and not covered by on -site break -fix repair are described in the "No Excuses Warranty Guide for Fujitsu Scanners" Excluded Services — 1 he services provided under ScanCare are in addition to the Product warranty and are not intended to replace Customer's Pi ()ducts wan anty as described in the "No Excuses Wan anty Guide fur Fujitsu Seamier Term — The term of this service ottenng shall be one year from the date of pur chase and is not activated until receipt by Fujitsu of Customer's Activation Card Renewal — Customer may wish to extend the warranty period for their scanner Products by purchasing the ScanCare Plus service option for the second and consecutive years of Product usage Should Customer discontinue service for any period of time in which suggested maintenance services were not performed. Fujitsu may evaluate the Product to determine if additional charges are required to restore the Product to current maintenance level Warranty, Fujitsu wan ants that all services will be per formed a piofessronal workmanlike manner LIMITATION 01- LLA131LITY LN NO EVENT SHALL FUJITSU BE LL\BLE FOR ANY SPECIAL, CONSEQUEN I LAL, INDIRECT OR INCIDENTAL DAMAGES. INCLUDING BUT NOT LIMITED OT LOSS OF USE, LOSS OF DATA OR LOSS OF PROFfI S EVEN IS SO ADVISED OF THE POSSIBILITY OF SUCH DAMAGES Activation — To activate this service, please complete the enclosed ScanCare Activation Card and return it to Fujitsu in the envelope provided or by fax along with a copy of your proof of purchase At the end of this maintenance period you can extend the manufacturer's wan ant y for an additional one-year period by purchasing ScanCare Plus For details call Fujitsu or contact your local reseller Fujitsu Computer Products Of America To: Conchita Alvarez Company: Village of Key Biscayne Fax: 305-365-8914 From: FCPA Customer Service Subject: Renewal Service Contract Quotation Memo: The attached quotation covers the annual renewal of the existing service contract for your Fujitsu equipment. Date: 12/20/02 Time: 09:57 AM PST Pages Sent: 5 1 L 1 C1.1,1J L., ,✓ ✓ I rill I FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard Pkwy, San Jose, CA 95134 Dear Valued Customer. FUJITSU Our records indicate that the attached service agreements for your Fujitsu equipment will soon expire To insure uninterrupted service coverage for another year, please review, sign and fax the price quotation form back to me Be sure to include your payment method and purchase order number if applicable If you have additional Fujitsu equipment which you would like to add to the quote, please forward the information to my attention and I will be happy to provide you with an amended quote If you have any questions regarding your service coverage, please contact the sales representative specified. It has been our pleasure to provide you with service support. We look forward to your continued business Sincerely. Service Contract Sales Representative