HomeMy WebLinkAbout992958.tiff MIT Mirror Image Technologies, Inc.
Cheyenne • Casper • Sheridan • Ft. Collins • Longmont
1-800-320-6360
FULL SERVICE MAINTENANCE AGREEMENT
PLAN EQUIPMENT METER READING SERVICE CHARGE GUARANTEED
MODEL SERIAL NO READING DATE
7dfJ 0 //99 1 •C 1 i ,000
0
0 Copies
Monthly
* All Overages will be Billed @ .0 Per copy.
BILLING ADDRESS INSTALLATION ADDRESS
Company Name Company Name
11-4/47 CC J hi ry (-2 e vg Air ...574117--
Address Address
i /C rt -5
City ST ZIP City ST ZIP
Era ti iii COIvtbiz) 80631
Attn: - ,, Attn:
fRCi=/ASi/ot-- A-)11eri lfi Ap--t__
Customer agrees to purchase and Mirror"ImagerTechnologies, Inc. agrees to provide service for the equipment identified
above, in accordance with the terms and conditions of this agreement.
No terms or conditions, expressed or implied, are authorized unless they appear on original of this agreement, signed by
the Customer and an Officer of Mirror Image Technologies, Inc.
THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF ARE INCORPORATED IN AND
MADE PART OF THIS AGREEMENT. NO CHANGE, ALTERATION OR AMENDMENT OF THE TERMS OR
CONDITIONS OF THIS AGREEMENT ARE AUTHORIZED OR EFFECTIVE UNLESS THEY HAVE BEEN AGREED TO
IN WRITING BY AN OFFICER OF MIRROR IMAGE TECHNOLOGIES, INC. NOT COURSE OF DEALING OR OTHER
CONDUCT OR CUSTOM SHALL CONSTITUTE AN AMENDMENT TO THE TERMS HEREOF NOR ALTER OR VARY
THE TERMS OF THIS AGREEMENT.
MIRROR IMAGE TECHNOLOGIES, INC. CUSTOMER AGREEMENT
Image Technologies, Inc. Representative Signature Customer Name 'if
Pri e ign r ame Authorized Signature and D e
Branch Office Address Printe�ure ame and Title
nil e I. H- z.
C jty ST ZIP Purchase Order Number and Date
O0 V r,°� , 992958
i.2- /5 99 elk 000S
1. GENERAL SCOPE OF COVERAGE
This agreement covers both the labor and the material for adjustments, repairs and replacements of parts as necessitated by normal use of the equipment
excepts as hereinafter provided. Damage to the equipment or its part arising out of misuse, abuse, negligence, attachment or unauthorized components,
accessories or parts,use of sub-standard supplies,or other causes beyond Mirror Image Technologies, Inc.'s control are not covered and may subject customer
to a surcharge or to cancellation of the agreement. In addition, Mirror Image Technologies,Inc.,or if parts,accessories or components not authorized by Mirror
Image Technologies, Inc.are fitted to the equipment. Includes all black toner, black developer and drums. All toner included is based off Konica stated yields,
at 6%coverage. All toner overages will be billed accordingly.
2. SERVICE CALLS
Service calls under this agreement will be made during normal business hours at the installation address shown on the reverse side of the agreement. A Mirror
Image Technologies, Inc. service representative will respond to the needs of the customer within two hours of the initial service call either in person or via
telephone. Technical service will then be provided within an average of 8 hours thereafter. Travel and labor time for service calls after normal 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. Mirror Image Technologies,
Inc. service representatives will not handle, disconnect or repair unauthorized attachments or components; customer will be responsible for disconnecting and
re-connecting unauthorized attachments or components, The customer hereby indemnifies and hold Mirror Image Technologies, Inc. harmless for claims for -
damages to any unauthorized parts,components or accessories resulting from service performed on Mirror Image Technologies, Inc.equipment,
3. EXTENT OF LABOR SERVICES
Labor performed during a service call includes lubrication and cleaning of the equipment and the adjustments,repair or replacement of parts.
4. RECONDITIONING
When, in its sole discretion, Mirror Image Technologies, Inc. determines a shop reconditioning is necessary as a direct result of expected materials wear and
age factors caused by normal office environment usage,to keep the equipment in working condition, Mirror Image Technologies,Inc. will submit to customer an
estimate of needed repairs and the cost thereof, which will be in addition to the charge payable under this maintenance agreement. If the customer does not
authorize such reconditioning, Mirror Image Technologies, Inc.may discontinue service of the equipment under this agreement, refunding the unused portion of
the maintenance charge,or may refuse to renew this agreement upon its expiration. Thereafter, Mirror Image Technologies, Inc. service will be available on a
"Per Call"basis at published rates.
5. TERM
This agreement shall become effective upon receipt by Mirror Image Technologies, Inc. of the initial annual maintenance charge provided on the reverse side
hereof and shall continue for one full calendar year or the maximum number of copies shown on the reverse side, whichever occurs sooner. It shall be
automatically renewed for successive similar periods subject to the receipts by Mirror Image Technologies, Inc. of the maintenance charge in effect at the time
of renewal, provided that the customer is not then in default. In addition to any other rights under this agreement, either party may terminate this agreement at
any time by giving 30 days prior written notice to the other party,and the unused portion of the maintenance charge will be refunded.
6. CHARGES
This initial annual charge for maintenance under this agreement shall be the amount set forth on the reverse side hereof. The annual maintenance charge with
respect to any renewal term will be the charge in effect at the time of renewal. Customer agrees to pay the total of all charges for maintenance during the initial
term and any renewal term within 10 days of the date of Mirror Image Technologies, Inc.'s invoice for such charges. Customer understands that alterations,
attachments, specification changes, or use of sub-standard supplies that cause excessive service calls, may require an increase in maintenance charges and
agrees to pay such charges promptly when due. MIT has the right,in its discretion,to increase this annual maintenance and cost of supplies by 10%annually.
7. BREACH OR DEFAULT
If the customer does not pay all charges for maintenance or parts as provided hereunder, promptly when due, (1) Mirror Image Technologies, Inc. may (a)
refuse to service the equipment or (b) furnish service on a C. O. D. "Per Call" basis at published rates and (2) the customer agrees to pay Mirror Image
Technologies, Inc.'s cost and expenses of collection including the maximum attorney's fee permitted by law, said fee not to exceed 25% of the amount due
hereunder.
If equipment is moved to a new Mirror Image Technologies, Inc. service zone, mirror Image Technologies, Inc. shall have the option to charge, and the
customer agrees to pay the difference in published maintenance charges between the current zone and the new zone, such charges to be assessed on a pro-
rata basis, If equipment is moved beyond Mirror Image Technologies, Inc.'s published service zones, customer agrees to pay a fair and reasonable upcharge
for continued maintenance under this agreement, taking into account the distance to customer's new location and Mirror Image Technologies, Inc. published
rates for service on a"Per Call"basis.
Konica copiers are designed to give excellent performance with Konica supplies, including developer, toner and dispersant. If the customer uses other than
Konica supplies and if such supplies are defective or not acceptable for use on Konica machines, and cause abnormally frequent service calls or service
problems.then Mirror Image Technologies, Inc. may, at its option, assess a surcharge or terminate this agreement and the unused portion of the maintenance
charge will be refunded. In this event, the customer will be offered service on a "Per Call" basis at published rates, It's not a condition of this agreement,
however,that the customer use only Konica authorized supplies.
8. NO WARRANTY
Other than the obligation set forth herein, MIRROR IMAGE TECHNOLOGIES,INC. DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING ANY
IMPLED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICLUAR PURPOSE, MIRROR IMAGE TECHNOLOGIES,
INC. SHALL NOT BE RESPONSIBLE FOR DIRECT, INCIDENTAL OR CONSEQUETIAL DAMAGES,INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING
OUT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT.
9. MISCELLANEOUS
This Agreement shall be governed by and construed according to the laws of the State of Wyoming applicable to agreements wholly negotiated, executed and
performed in the State of Wyoming. It constitutes the entire agreement between the parties and may not be modified except in writing signed by duly authorized
Officers of Mirror Image Technologies, Inc. and the customer,
10. NETWORKED PRODUCTS
Networked products include a 4 hour block of time for installation and training. Additional service on these products that relates to upgrades, software, or
additional training will be billed at standard service rates including travel time.
Leasing
LEASE AGREEMENT AGREEMENT NO.
Full Legal Name —L!
Billing Address ?/'S /l
city ( en/fr ji County VIE", State Cc Ir6 oo Zip a O&3 J
Fed.Tax ID Phone Fax
Send Invoice to Attention of DBA Name(if any)
Lessee Purchase Order Number
OUIPMENT
Quantity Model No. Equipment Description
l 74) "' o .
/- JC 3 /^iNii t/
EQUIPMENT LOCATION,IF OTHER THAN BILLING ADDRESS OF LESSEE:
TE RM./PAYMENT INFORMATION
INITIAL TERM: MONTHLY RENTAL PAYMENT: SECURITY DEPOSIT:
..3 MONTHS $
(PLUS APPLICABLE TAX) (CHECK MUST ACCOMPANY LEASE)
TERMS AND CONDITIONS
The words YOU and YOUR mean the User.The words WE,US,and OUR refer to the Lessor indicated on reverse.
1.RENTAL("AGREEMENT"):We agree to rent to you and you agree to rent from us the equipment listed above("Equipment").You promise to pay us the rental Agreement
according to the payment schedule shown above.THE PARTIES INTEND THIS AGREEMENT TO BE A FINANCE AGREEMENT UNDER ARTICLE 2A OF THE UNIFORM COMMERCIAL
CODE.
2.TERM AND RENT:The initial term shall commence on the day that any of the Equipment is delivered to you ("the Commencement Date").The installments of rent shall be
payable in advance,at the time and in the amounts printed above,commencing on the Commencement Date and subsequent payments shall be due on the same date of each
successive period thereafter until all rent and any additional rent or expenses chargeable under this Agreement shall have been paid in full.Lessee obligation to pay the rent and
other obligations hereunder shall be absolute and unconditional and are not subject to any abatement,set-off,defense or counterclaim for any reason whatsoever.
3.NO WARRANTIES:We are renting the Equipment to you"AS IS".WE MAKE NO WARRANTIES,EXPRESS OR IMPLIED,INCLUDING WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT We transfer to you for the term of this Agreement any warranties made by the manufacturer
or supplier to us.NEITHER THE SUPPLIER NOR ANY AGENT OF SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THIS
AGREEMENT
ESSEE SIGNATURE
YOU AGREE TO ALL OF THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT,AND IN ANY ATTACHMENTS TO SAME(ALL OF WHICH ARE INCLUDED
BY REFERENCE)AND BECOME PART OF THIS AGREEMENT.YOU ACKNOWLEDGE TO HAVE READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS AND UNDERSTAND
THAT THIS IS A NON-CANCELABLE AGREEMENT FOR THE FULL TERM SHOWN ABOVE.
Signature Title Date
Print Name
Legal Name of Corporation or Partnership
TO INDUCE LESSOR TO ENTER INTO THE WITHIN LEASE AGREEMENT.THE UNDERSIGNED UNCONDITIONALLY GUARANTEES TO LESSOR THE PROMPT PAYMENT WHEN DUE.OF ALL OF LESSEE'S OBLIGATIONS TO
LESSOR UNDER THE LEASE.LESSOR SHALL NOT BE REQUIRED TO PROCEED AGAINST LEASE OR THE EQUIPMENT OR ENFORCE ANY OTHER REMEDY BEFORE PROCEEDING AGAINST THE UNDERSIGNED.THE
UNDERSIGNED WAIVES NOTICE OF ACCEPTANCE HEREOF AND ALL OTHER NOTICES OR DEMAND OF ANY KIND TO WHICH THE UNDERSIGNED MAY BE ENTITLED.THE UNDERSIGNED CONSENTS TO ANY
EXTENSIONS OR MODIFICATIONS THAT MAY BE GRANTED TO LESSEE AND THE RELEASE AND/OR COMPROMISE OF ANY OBLIGATIONS OF LESSEE OR ANY OTHER OBLIGORS AND GUARANTORS WITHOUT IN ANY
`WAY RELEASING THE UNDERSIGNED FROM HIS OR HER OBLIGATIONS HEREUNDER.THIS IS A CONTINUING GUARANTEE AND SHALL NOT BE DISCHARGED OR AFFECTED BY DEATH OF THE UNDERSIGNED.SHALL
BIND THE HEIRS.ADMINISTRATORS.REPRESENTATIVES,SUCCESSORS AND ASSIGNS OF UNDERSIGNED AND MAY BE ENFORCED BY OR FOR THE BENEFIT OF ANY ASSIGNEE OR SUCCESSOR OF LESSOR.
Signature Date Signature Date _
Print Name Print Name
Home Address Home Address
City State Zip City State Zip
Soc.Sec.No. Phone Soc.Sec.No. Phone
Form#MIT-1198
TERMS AND CONDITIONS
4.OWNERSHIP,REDELIVERY AND RENEWAL:We are the owner of the Equipment and have title to the Equipment.To protect our rights in the Equipment,in the event this Agreement
is determined to be a security agreement, you hereby grant to us a security interest in the Equipment and all proceeds, products, rents, or profits therefrom. In states where
permissible,you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this Agreement showing our interest in the Equipment, including
Uniform Commercial Code Financing Statements,to be filed or recorded and refiled and re-recorded and grant us the right to execute your name thereto.You agree to execute and
deliver any statement or instrument requested by us for such purpose.You agree to pay or reimburse us for any searches,filings,recordings,stamp fees or taxes related to the filing
or recording of any such instrument or statement. No more than one hundred eighty (180) days but not less than ninety (90)days prior to the expiration of the initial term or any
renewal term of this Agreement, you shall give us written notice of your intention to return the Equipment to us. Provided you have given such timely notice, you shall return the
Equipment,freight and insurance prepaid,to us in good repair condition and working order,ordinary wear and tear excepted,in a manner and to a location designated by us or remit
the purchase option.If you fail to so notify us,or having notified us,you fail to return the Equipment as provided herein,or fail to remit the purchase option,this Agreement shall renew
for additional terms of twelve(12)months each at a periodic rent equal to 100%of the rent provided herein.
5.OPTION TO PURCHASE:We hereby grant to you,provide you are not in default hereunder,the option to purchase"AS IS"without express or implied warranties,all(not part)of the
Equipment at the expiration of the term of this Agreement.
6.MAINTENANCE,RISK OF LOSS AND INSURANCE:You are responsible for installing and keeping the Equipment in good working order.Except for ordinary wear and tear,you are
responsible for protecting the Equipment from damage and loss of any kind. It the equipment is damaged or lost,you agree to continue to pay rent.You agree during the term of this
Agreement,to keep the Equipment fully insured against loss,naming us as loss payee,to obtain a general public liability insurance policy from a company acceptable to us,including
us as an additional insured on the policy.You agree to provide us certificates or other evidence of insurance.If you do not,you agree that we have the right but not the obligation to
obtain such insurance, in which event you agree to pay for all costs thereof.
7.INDEMNITY:We are not responsible for any losses or injuries caused by the installation,removal or use of the Equipment.You agree to reimburse us for and to defend us against
any claims for losses or injuries (including attorney's tees and costs) caused by the Equipment.
8.TAXES AND FEES:You agree to pay when due or reimburse us for all taxes,fees,fines and penalties relating to use or ownership of the Equipment or to this Agreement,now or
hereafter imposed, levied or assessed by any state,federal or local agency.You agree to pay us a fee of$67.50 to reimburse us for the expense of preparing financing statements
and for other documentation costs.
EQUIPMENT LOCATED IN CERTAIN STATES is subject to safes tax laws which require that tax be paid up front.If you choose to pay this tax up front,you may include,with your
security deposit or advance payment,your check for the current percent of tax applied to the cost of Equipment.If you do not include it up front,then you hereby authorize us
to advance the tax and increase your monthly payment by an amount equal to the current tax percentage applied to the monthly rental shown above.
9.LOCATION OF EQUIPMENT:You will keep and use the Equipment only at your address shown above.You agree that the Equipment will not be removed from that address unless
you get our written permission in advance to move it.
10.DEFAULT AND REMEDIES: If you (a)fail to pay rent or any other payment hereunder when due;or(b)fail to perform any of the other terms, covenants or conditions of this
Agreement after ten (10) days written notice; or(c) become insolvent or make an assignment for the benefit of creditors or (d) a receiver, trustee, conservator or liquidator is
appointed on your behalf with or without your consent,you shall be in default under this Agreement and,we may,to the extent permitted by applicable law,exercise any one or more
of the following remedies: (i) declare due, sue for and receive from you the sum of all rental payments and other amounts due and owing under this Agreement or any schedule
thereto, plus the present value of(x)the sum of the rental payments for the unexpired term of this Agreement or any schedule thereto discounted at the rate of 6%per annum;and
(y)the anticipated value of the Equipment at the end of the initial term or applicable renewal term of the Agreement(but in no event less than 15%of the original cost of the Agreement)
discounted at the rate of 6%per annum and upon recovery of the same in full,the Equipment shall become your property;(ii)to similarly accelerate the balances due under any other
agreements between us;(iii)to take immediate possession of the Equipment,and to lease or sell the Equipment or any portion thereof,upon such terms as we may elect,and to apply
the net proceeds,less reasonable selling and administrative expenses,on account of your obligations hereunder;(iv)charge you interest on all monies due us from and after the date
of default at the rate of one and one third percent(1-1/3%)per month until paid but in no event more than the maximum rate permitted by law;(v)require you to return all Equipment
at your expense to a place reasonably designated by us; (vi)to charge you for all expenses incurred in connection with the enforcement of any of our remedies,including all costs
of collection, reasonable attorney's tees, and court costs.
Whenever any payment is not made by you when due hereunder, you agree to pay us, not later than one month thereafter, as an administrative charge to offset our
collection expenses, an amount calculated at the rate of ten cents per one dollar for each such delayed payment,or$15.00,whichever is higher, but only to the extent permitted by
law.Such an amount shall be payable in addition to all amounts payable by you as a result of the exercise of any of the remedies provided herein.
All our remedies are cumulative, are in addition to any other remedies provided for by law, and may,to the extent permitted by law, be exercised either concurrently or
separately. Exercise of any one remedy shall not be deemed an election of such remedy,or to preclude The exercise of any other remedy.No failure on our part to exercise any right
or remedy and no delay in exercising any right or remedy shall operate as a waiver of any right or remedy or to modify the terms of this Agreement.A waiver of default shall not be
construed as a waiver of any other or subsequent default.We shall retain the sum set forth above as a security deposit for your performance and obligations hereunder.Upon lawful
termination of this Agreement,provided you are not in default.the Security Deposit will be returned to you.No interest shall be paid upon said Security Deposit.In the event of default,
we may apply said Security Deposit to cure any default.
11.ASSIGNMENT:YOU HAVE NO RIGHT TO SELL,TRANSFER,ASSIGN THIS AGREEMENT OR SUBLEASE THE EQUIPMENT We may sell,assign or transfer this Agreement.You agree
that if we sell,assign or transfer this Agreement,the new owner will have the same rights and benefits that we have now and will not have to perform any of our obligations.You agree
that the right of the new owner will not be subject to any claims,defenses,or set-offs that you may have against us.In the event of a sale,assignment,or transfer,we agree to remain
responsible for our obligations hereunder.
12.CONSENT TO JURISDICTION AND GOVERNING LAW:YOU CONSENT TO THE PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF NEW JERSEY WITH RESPECT TO ANY
ACTION ARISING OUT OF THIS AGREEMENT OR THE EQUIPMENT THIS MEANS THAT ANY LEGAL ACTION FILED AGAINST YOU MAY BE FILED IN NEW JERSEY AND THAT YOU MAY
BE REQUIRED TO DEFEND AND LITIGATE ANY SUCH ACTION IN NEW JERSEY You agree that service of process by certified mail, return receipt requested, shall be deemed the
equivalent of personal service in any such action. However nothing in this paragraph shall be construed to limit the jurisdictions in which suit may be tiled by any party to this
Agreement or the means of obtaining service of process in any such suit.Any legal action shall be governed by and construed according to the laws of the State of New Jersey. TO
THE EXTENT PERMITTED BY LAW,YOU WAIVE TRIAL BY JURY IN ANY ACTION.YOU HEREBY WAIVE ANY AND ALL RIGHTS AND REMEDIES GRANTED YOU BY SECTION 2A-508
THROUGH 2A-522 OF THE UNIFORM COMMERCIAL CODE.
13.CUSTOMER P.O.:You agree that any Purchase Order issued to us covering the rental of this Equipment is issued for purposes of authorization and your internal use only,and none
of its terms and conditions shall modify the terms and conditions of this Agreement.
14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and us and no modifications of this Agreement shall be effective unless in writing and
signed by the parties.
ACCEPTED BY:
COPELCO CAPITAL, INC., LESSOR
ONE INTERNATIONAL.BLVD.,MAHWAH,NJ 07430-0631
BY
TITLE DATE
Form#MIT-1198
Konica
LEASING
Equipment Delivery and
A Program Of
COPELCO Acceptance Receipt
CAPITAL
The undersigned does hereby acknowledge the complete and satisfactory delivery and installation of
the Equipment leased from Copelco Capital, Inc. The undersigned does further acknowledge that Lessor
has made no warranties expressed or implied regarding the equipment; that our obligations to Lessor
or its assignees as set forth in the aforementioned lease are free of any and all claims, counter claims,
defenses, or set-offs.
(Full Legal Name of Lessee)
B 'ltcek V L 2 4n—(� ,n/7
L(V7-
(Authorized Signature) (Titer)
fiA1 t1 C��t Q *t k r5
(Print Name of Signer)
- (14' 1 y?
(Date)
Form 31-SUB
Hello