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HomeMy WebLinkAbout07/21/1999 Agreement Pitney Bowes Inc. State and Local Government aUAN, RENTAL AGREEMENT RENTAL ACCOUNT NO. ~ EQUIPMENT DESCRIPTION ) 17 4Cfh e. FOR SAlES AND SERVICE INFORMATION 1 (800) 322-8000 ACCOUNT REPRESENTATIVE NAME REP, # ~ l (j-m(lJ) DISTRICT OFFICE DISTRICT # n lI,\'1 ( L iT(.kJ ~- --b tC~,~ INITIAL RENTAL TERM (IN MONTHS) # OF PAYMENTS FIRST "'> ..{:> BILLING FREQUENCY ONTHLY 0 QUARTERLY 0 OTHER ADDITIONAL SERVICES TOTAL PAYMENT Y,l< $ I $ $ $ DEFERRED INTEREST EMA ON RENTAL SOFTWARE MAINTENANCE AGREEMENT METER ON RENTAL AUTOMATIC PROM REPLACEMENT NEXT SOFT-GUARD AGREEMENT NEXT NEXT o $ ACCEPTED BY: 14, SPECIFY RENTOR RETAIN TITLE .................. .1920*1995 D.~~~~ : ~..__ ~j': .Pitney Bowes · tr:;y 73 : r~~l Years · Meteretl MaU ......... o RENTAL TERMS AND CONDITIONS By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule attached hereto (the "Equipmenr) for business or commercial purposes. Your offer will be binding on us when we accept it by having an authorized employee sign it. All payments hereun- der shall be payable only to us at our executive office, unless we direct you otherwise in writing. 1. NON-APPROPRIATION. You warrant that you have funds available to pay Total Payments until the end of your current appropriation period and war- rant that you will request funds to make such payments in each appropriation period from now until the end of the Initial Rental Term. If you properly request from your legislative body or funding authority funds to be paid to us under this Rental Agreement and such legislative body or fund- ing authority does not appropriate funds to be paid to us for the Equipment you may, upon the exhaustion of the funding authorized for the then current appropriation period, return the Equipment to us, at your expense, and thereupon, be released of your obligation to make all Total Payments to us due thereafter, provided: (i) the failure of the legislative body or funding authority to appropriate the necessary funds is documented to us as the reason for cancellation, and (ii) you have satisfied all of your obligations to us including the payment of all amounts then due to us under this Rental Agreement. In the event you return the Equipment pursuant to the terms of this paragraph, we shall retain all sums paid hereunder by you.-Yott ~=~;;:\:::~: ::~e;=i~::i~;~ ~=r:"t:e~~se perforn,ed through the ti8e af tRll Et;J"ipm~ntJor tRe bala",,6 cf fRO "pprn. ~ SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE PART OF THIS RENTAL TAX EXEMPT NO, SALES TAX (IF APPLICABLE) $ FISCAL FUNDING PERIOD FROM: TO: INITIAL CHECK $ AMOUNT RENTER P.O, # CARD # CREDIT CARD INFORMATION TYPE EQUIPMENT LOCATION IF NOT SAME AS ABOVE NAME ON CARD EXP. DATE BY: C. (RENTOR) tV+ TITLE: .:S: ~ I TITLE CHAIRMAN BOMill 0 PB SLR2 (10195) nDI~I"'A. PHONE /- 0 / (~~) L( '1-(; ~ ~ DATE 2. RENTAL Rental YOU NOT WRITTEN CONSENT. 3, EOl,HPMENT MAINTENANCE with us. we agree to mal wear, normal repairs due to meetina the the EMA, 4. SOFT-GUARD AGREEMENT. us, which six shall continue for the number of months shown in the space Initial your obligations to pay each and every "Total Payment", above RENTAL AGREEMENT OR THE EQUIPMENT WITHOUT OUR PRIOR an EMA on Rental, you have entered Into an Equipment the Equipment, including new (or equivalent) parts be assessed lor service outside normal business non Bowes Ine, service and the rate program for electronic scales subscribed tc the SOFT-GUARD Rate month at no additional charge, service provided of events are not new PROMs or Disks (media) Automatic PROM embodying software or rate will which have not requested automatic replacement, you receive at that tirne. do not undertake to provide replacement PROlilu wnenever then list price for each PROM ordered for delivery with the PROMs Issued within 90 days after the consumable parts this time, you have any problems PROM's and are programmed with rates such rates or methods are changed by the carrier to rates and methods, We will assume the PROM's and SoHware accordance witr: their published operating instructions, and only for WARRANTY APPLICABLE TO THIS RENTAL AGREEMENT, THE EQUiPMENT, IS IN liEU ALL OTHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY. REPAIR OR REPLACEMENT OF THE EQUIPMENT IS YOUR SOLE FOR BREACH OF WARRANTY, NO RESPONSIBILITY IS ASSUMED BY US FOR ANY DAMAGES INCURRED BY REA, SON OF THE FAIUJRE OF OR SOFTWARE TO OPERATE AS INTENDED, INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 9. COMPUTATION OF TOTAL PAYMENT. The amount at as shown above, is based on the cost to us of purchasing the Equipment inclusive of all related expenses, (pius any balances lor due and/or to become due from a previous lease(s), and/or rental(s), less any trade-in allowance), plus amounts due for services selected by you, such as Equipment Maintenance Agreement, SOFT-GUARD Agreement Software Maintenance Agreement, and Meter Rental You agree that we may increase the Total Payment as a result of any increases in taxes as outlined in Section 12 herein. 10. RENTER P.O. It a purchase order is issued Agreement. fji1'eURANCE. You shall provide, maintain, and pay for (a) insurance against loss or theft of or damage to the Equipment, for the full replacement value ~ th f, with loss payable to Pitney Bowes Inc, and (11) p'lblic l;al3ilitj A",j fJ,v!-,<:"Iy-~ge iAsuraAse RamiA~ Pitney E!9'l.'es Incasap-~dOOiofla~, ss cf or damage to the Equipment shall relieve you of your obligation to'pay'fotal Payments or of any other obligation urnler this Rental-Agreement. 12. TAXES; NO LIENS. As we direct, you shali or reimburse us tor all charges aRd taxes incurred by us which are based on Of measured by this Rental Agreement, the or receiving of documentation relating to this Rental Agreement (including stamp taxes) and tile sale, pur, chase, ownership, renting, value (including personal property type taxes), possession, or use of the Equipment, meters, or software and you shall reim- burse us for all taxes and charges incurred by us as a result of doing business in the location where the Equipment is installed or your billing location. You shall keep the Equipment, meters, and software tree and clear of all liens and encumbrances, 13. DEFAULT. If you fail to pay when due any amount required herein orfal! to perform any other obligation hereunder, we may, in addition to exercising any rights and remedies available to us at law or equity for breach of contract, terminate this Rental Agreement and accelerate and deciare the entire amount of all Total Payments and other amounts due and to bec.ome due for the full unexpired term of this Rental Agreement to be immediately due and payable, and take possession of any or all items of Equipment, including meters, You will be responsible for all related damages and legal and other costs and expenses incurred by us in enforcing the provisions herein, 14. NOTICES. Service of all notices under this Rental Agreement shall be sufficient if mailed, delivered by courier or facsimile transmission, to the recip- ient at its address on the reverse side hereof, or at such other address as each party may provide in writing from time to time, Such notice shall be effec- tive when deposited in the United States mail, duly addressed and with postage prepaid. 15. REPRESENTATION; MISCEllANEOUS; RENTAL WAIVERS. You warrant that you have been duly authorized by a Resolution of your Governing Body to execute and deliver this Rental Agreement and that all procedures have been met so that this Rental Agreement is enforceable, This Rental Agreement shall not be amended, or supplemented except by written agreement signed by the parties hereto and no provision can be waived except by our written consent. You agree that you will timely file a Form 8038-GC (or, as necessary, Form 8038-G), or any revised or renumbered form with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986 (the "Code") and the Regulations thereunder, and you agree to appoint us as your Agent for the purpose of maintaining a book entry system as required by Section 149(a} of the Code. You certify and warrant to us that you are a public body, corporate and politic, and that any obligation arising out of this Rental Agreement constitutes an obligation issued on your behalf, within the meaning of Section 103 of the Code, You understand and agree that this Rental Agreement has been entered into by us on the assump- tion that any interest derived hereunder shall qualify for exemption from Federal Income taxes under Section 103(a} of the Code, If for any reason, any interest derived hereunder is determined not to be excludable from our income in accordance with Section 103(a) of the Code, your Total Payment shall be adjusted in an amount sufficient to maintain our original after tax yield utilizing our consolidated marginal tax rate. 16. TITLE; SECURITY AGREEMENT; PERSONAL PROPERTY. Unless you have requested us to retain title to the Equipment, for the Initial Rental Term only, by checking the Additional Services box for "Rentor Retain Title", title to the Equipment (excluding any meter(s) which at all times remain our prop- erty} shall pass to you upon installation; :However, you and we agree that title shall automatically revert to us in the event of default, or non-appropriation as permittec;jherein.li you have,not.requested us to retain title to the Equipment, you grant to us, as the Secured Party, a security interest in the Equipment and additions, attachments, accessions, and substitutions thereto (excluding any meter(s) to which you do not hold title). The Equipment shall remain pars Ity and not realty. Rental Bowes Ine, 1. AUTOMATIC PROM REPLACEMENT. If be provided without further notice when there is or you have entered into a Meter Rental Agreement. Refer to your contained herein, any meter(s) will at all times remain the property Meter Pitney you, none 01 Its terms and conditions shall modify or supersede the terms and conditions 01 this Rental .' \ THE PITNEY BOWES GOVERNMENT ACQUISITION PROGRAM OFFERS BENEFITS SUCH AS . . . .. . NON-APPROPRIATION + CUSTOMIZED BILLING + PURCHASE ORDER ACCEPTANCE + SIMPLIFIED DOCUMENTATION + CREDIT CARD ACCEPTANCE + CUSTOMER SATISFACTION GUARANTEED . . . and much more "IT IS THE INTENTION OF THIS AGENCY TO RENT THE EQUIPMENT AS DESCRIBED IN THE PITNEY BOWES INC. STATE AND LOCAL GOVERNMENT RENTAL AGREEMENT, AS SIGNED BY US ON (DATE SIGNED), AND FOR ITS TERMS AND CONDITIONS TO GOVERN THE AGREEMENT BETWEEN US." IF YOU ARE NOT PERMITTED TO SIGN THE PITNEY BOWES INC. STATE AND LOCAL GOVERNMENT RENTAL AGREEMENT, BUT INSTEAD MUST ISSUE A PURCHASE ORDER TO PITNEY BOWES INC. IN ORDER TO RENT THE EQUIPMENT UNDER THIS AGREEMENT, THE FOLLOWING LANGUAGE MUST APPEAR IN THE BODY OF YOUR PURCHASE ORDER: TO STATE AND LOCAL GOVERNMENT AGENCY: STATE AND LOCAL GOVERNMENT RENTAL AGREEMENT PITNEY BOWES INC.