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EQUIPMENT REPROGRAPHIC SERVICES, SALE, SUPPLIES (State and Local Government SLG #1829041
General Equipment Maintenance Agreement (EMA) Terms
t COPY PRODUCTS During the hours of the EMA, there is no charge for travel. Parts removes
At its discretion, Kodak will make Equipment Maintenance Agreements (EMA's) from equipment (and replaced at no charge) become the property of
available for Kodak and IBM Copier equipment purchased from Kodak and from Kodak.
IBM. Under terms of this EMA, Kodak agrees to provide the following services 3. Items not covered by an EMA — The following services and
for copiers located within its established marketing areas: circumstances are not covered by an EMA and if available will be charged
On -site repair service (parts and labor), when required, at Kodak's Per Call Equipment Service Rates (other premium rates may
apply):
Preventive maintenance as part of on -site repair service, `
A. Maintenance and parts requirements caused by misuse, neglect, use
Training for key operators and ongoing support of the copier. for purposes other than for which specifically designed, installation or
attachment of non -Kodak or IBM authorized equipment modifications,
At its discretion, Kodak will make Equipment Maintenance Agreements (EMA's) use of supplies (including toner and developer) that are not
available for Kodak and IBM Copier equipment not purchased from Kodak or recommended, service performed by other than Kodak personnel,
from IBM. Under the terms of this EMA, Kodak agrees to provide the following natural disasters and other damage not caused through normal
services for copiers located within its established marketing areas: equipment use, wear, and tear.
On -site repair service (parts and labor), when required, B. Time spent in locating equipment not at the specified location, or
Preventive maintenance as part of on site repair service, waiting for equipment availability wit be charged at Kodak's Per -Cali
Equipment Service Rates and Terms.
Availability of a Customer Support Representative to provide training and copier
support at applicable rates, terms, and conditions. Contact your Copy Products C. Installations, s, or removals Relocations, and Removals of customer t an an
Sales Representative for details. attachments or removals of modifications to equipment and any
electrical work required which is external to the machine.
1. Availability — EMA's are initially available for seven years from warranty
expiration date (five years for KODAK EKTAPRINT 90 Copiers, KODAK D. Model conversions, including upgrades and downgrades between
models and machine types, or installation or removal 85 Copiers, IM 40 Copier, and IBM, Model 50 Copiers) for units al of a Kodak
feature.
purchased from Kodak or IBM as new installations (e.g. not units converted
to sale from Reprographic Services Agreements). For units which were 4. On -Site Service Availability /Response Time — It is Kodak's practice to
converted to sale from Reprographic Services Agreements, the initial EMA give priority service to EMA (and RSA) customers. Kodak's objective,
t availability period is five years from the conversion to sale date or seven during normal working hours, is to respond to requests for repair service
years minus the time on Reprographic Services Agreement, whichever is from its EMA and RSA customers within three hours on average. On -site
greater (three years from the conversion to sale date or five years minus service, when required, will be provided Monday through Friday during
the time on Reprographic Services Agreement, whichever is greater for Kodak's normal working hours excluding focally celebrated holidays.
KODAK EKTRAPRINT 85/90 Copiers, KODAK IM 40 Copiers, and IBM Model
50 Copiers.) Normal working hours are as follows:
All Models except EKTAPRINT 250/300 Duplicators: 8:00 am. to 5:00 p.m.
Unless the customer notifies Kodak one month before the end of the EMA EKTAPRINT 250/300 Duplicators only: 8:00 a.m. to 10:00 p.m.
period, Equipment Maintenance Agreements will be automatically renewed
during the initial period of availability for the succeeding EMA period at the On -site equipment service is available for EMA customers outside normal
prices, terms, and conditions, in effect on the first day of the new fiscal working hours.
year. The Initial availability period applies only to machines that were
purchased direqjy from Kodak or from IBM. Additionally, at Kodak's Additional Terms and nd I oio g a re ns may include, but are not limited to,
sole discretion, the initial availability period may be terminated prior
additional charges and t Maintenance A A ner ent time goals) may apo to
Equipment
to the above - stated periods due to a lapse in Kodak equipment greements which are offered to customers
Physically located beyond Kodak's normal service areas. Arty
maintenance coverage from a Kodak Equipment Maintenance
Agreement. terms that are required due to the location of these customers will be
provided by the servicing district.
After the expiration or termination of the initial availability period, EMA
extensions may be offered at the current prices, terms and conditions; 5. Customer Responsibilities — The customer agrees to:
however, if deemed necessary by Kodak, an inspection of the equipment at A. Purchase, stock, and replace all items identified in the current price
the then- current inspection fee and/or remanufacturing of the equipment at list as supply items (Note: Kodak developer used in EKTAPRINT
customer expense may be required. After inspection and /or Copiers, furnished by the customer, will be replaced at no charge if
remanufacturing, if required, EMA extensions will be offered at then-
current EMA rates. less than 80,000 copies have been made since last developer
with the exception of the COLOREDGE Copier which will be replaced if
2. Items Covered by an Equipment Maintenance Agreement (EMA) — less than 20,000 copies have been made since the last developer
During the working hours of the EMA, a Kodak Field Engineer (FE) will change).
perform the following services at no additional charge to the customer: B. Provide the Field Engineer with access to a telephone.
A. Perform any machine adjustment and/or replacement of parts C. Provide suitable storage space for a minimum stock of Kodak owned
necessary to repair equipment. parts and supplies.
s
B. Perform any necessary periodic maintenance that is required. D. Promptly mail to Kodak the meter reading card indicating the meter
readings taken on the last working day of each month. If the meter
card is not received, Kodak will determine the monthly usage based
upon the previous three months service meter readings. If service
meter readings are not available, Kodak will estimate the monthly
usage based on prior usage.
• F
2e 4
ILO 11/29041 EQUIPMENT REPROGRAPHIC SERVICES, SALE, SUPPLIES (State and Local Govsnn snt
• i ,
� 1
General Equipment Maintenance Agreement (EMA) Terms (continued) I
E Designate a key operator for training in the use of equipment and There will be a charge according to Per -Call Equipment Service Rates and •
inform Kodak immediately of any operator changes. Terms for any parts and service labor provided on or after the expiration
date of the EMA. For COLOREDGE Copier - Duplicator Series, the monthly
F. Provide adequate working space for the FE. minimum is the minimum number of copies billed each month. t
G. The customer agrees not to interfere with the proper operation of the Customers who cancel their EMA contract then decide to reinstate within
machine's meter. 30 days will have the preinstallation inspection fee waived. The effective
H. The customer is responsible for removing, controlling and replacing or date of the EMA reinstatement would be retroactive to the expiration date 4
reloading funds contained in a device attached to the machine. of the old EMA, and the new agreement must be on three-year.
Kodak will service machines containing funds only when the cash 10. Consumables — Copy quality, reliability and uptime are functions of
container cannot be opened prior to repair by Kodak, in which case optimum relationship between equipment design and toner /developer
the customer will remove the funds as soon as the container is or can formulation. Use of Kodak consumables assures maximum equipment
be opened. performance and copy quality.
6. Relocation of Equipment Covered by Warranty or Equipment 11 Continuation of EMA Coverage or Availability of Per - Call Service on
Maintenance Agreement — Customer must obtain Kodak's permission Used KODAK EKTAPRINT Equipment or Used IBM Copier Equipment
- prior to movement or relocation of installed equipment. For equipment Acquired from other than Eastman Kodak Company — Equipment
covered by warranty or an equipment maintenance agreement, Kodak which was covered by an EMA or was serviced on a per -call basis at a
. should be notified two weeks prior to equipment relocation. Relocation of previous Kodak customers site and has been purchased from a vendor '
equipment includes movement of equipment to a different location at the other than Eastman Kodak Company requires a pre - installation inspection.
same address. The customer will be billed a relocation charge which When requested to make such an inspection, Kodak will advise the
covers preparation of the equipment for the move and installation (setting potential customer if the location in which the equipment is to be placed is
up and initial testing of equipment) at the new site whenever a Field within present Kodak service capability. If service capability exists and the
Engineer participates in any relocation, induding re- installation. In addition, site where the equipment is to be installed meets Kodak's published site
the customer is responsible for all moving costs associated with the specifications, Kodak will inspect the copier to determine if it meets Kodak's
relocation of equipment.. standards. The price of the inspection includes replacement of the image
7. Replacement — If Kodak,in its sole judgment, cannot maintain the loop (supply items) if deemed necessary by the Field Engineer (this
equipment to Kodak's specifications, Kodak will replace the equipment with inspection does not include parts replacement). This inspection will be
another unit of the same or in the case of unavailable models due to billed to the customer at the applicable inspection rate. If the copier is found
product discontinuance, a similarly featured model. The following points to meet Kodak's standards, an EMA or service on a per call basis will be
apply offered at current prices. If work is required to return the copier to proper
operating standards, a further inspection wit be performed to estimate the
A. Kodak's decision to replace an accessory will not obligate Kodak to amount of parts and labor required to make per -call service or EMA
replace the mainframe. coverage feasible. This inspection and any subsequent work to bring the
copier up to Kodak standards, will be billed to the customer on a time and •
B. Replacement of a unit will not extend the period of EMA availability. material basis (current per -call hourly labor rates and applicable parts
C. Replacement applies only during the initial period of EMA availability. prices). Kodak will provide a rough estimate of costs, with the
understanding that the customer will be charged for labor and parts
D. Replacement applies only to equipment purchased initially and required even though the total price may exceed the estimate. These
directly from Kodak or IBM. charges would be in addition to the pre - installation inspection charge. At
Kodak's discretion, EMA renewal may be contingent upon actual field
8. Accessories — Generally,1ll items of equipment that are mechanically or performance utilizing non -Kodak toner and developer.
electronically interconnected must be inspected, tested, and adjusted as
one operating unit to diagnose and correct malfunctions effectively. Note that renewals of EMA's for equipment purchased from other than .
Therefore, if any item of equipment is covered by an EMA, all other inter- Kodak or from IBM may require an annual renewal inspection, since an
connected equipment must also be covered by RSA, warranty, or an EMA. initial EMA availability period applies only to pieces of equipment
To provide for uninterrupted service, equipment and accessories which are purchased directly from Kodak or IBM.
Interconnected to equipment currently covered by an EMA will be 12. Conversion from per -call service to EMA — Equipment currently
automatically placed under an EMA at warranty expiration, if an EMA is serviced by Eastman Kodak Company on a per -call basis may require
available. inspection to determine the amount of parts and labor required to make
9. Termination — EMA's may be cancelled by either the customer or Kodak EMA coverage feasible. This inspection will be billed to the customer and
upon 30 days written notice. Customer's notice should be sent to the calculated using the current rates and terms. y
District Marketing Center. Customer termination of an EMA prior to the After completion of the inspection, Kodak will make an initial determination
expiration of the contract period will be subject to the monthly minimum if it is feasible to add, at the customer's location, the necessary mandatory
charge through the last day of the termination month and the following early modifications, as well as other components required to bring the product up
termination charges based on the number of elapsed months from the to current operating specifications. If Kodak determines that necessary on-
contract commencement to the contract termination. site changes and modifications are feasible, Kodak will provide a rough
Full Months Remaining Multiple Times estimate of costs, with the understanding that the total price may exceed
to Contract Expiration Monthly Minimum the estimate. The customer would be billed on a time and materials basis
24—or more 10 (current per -call hourly service rates and applicable parts prices) which eil ,
18-23 9 would be in addition to the reinstallation inspection charge.
12 -17 8 If Kodak determines it is not feasible to attempt to make the necessary
7 -11 7 changes to the product due to the extent and involved nature of the repair,
0 - 6 Balance of contract remanufacturing of the machine at current rates would be required. Atter
30
• EQUIPMENT REPROGRAPHIC SERVICES, SALE, SUPPLIES (State and Local Government SW 111129041
General Equipment Maintenance Agreement (EMA) Terms (continued)
( necessary repairs or remanufacturing, an EMA would be made available. 20. Terms regarding IBM Equipment Maintenance Agreements valid prior
Note that EMA renewals for such equipment may require an annual to January 1, 1989 — the following additional terms apply to Equipment
inspection since the EMA availability period may have been terminated Maintenance Agreements for IBM copier equipment that were entered into
when the equipment had not continuously been serviced on a Kodak prior to January 1,1989:
Equipment Maintenance Agreement.
A. Unless otherwise notified by Kodak, IBM units will remain on their
13. Acceptance of Orders, Billing and Terms of Payment — All orders are existing contract length as specified in Section 20F.
subject to acceptance by Kodak at one of its District or Regional Marketing
Centers and are subject to intervening announcements of product B. Kodak may increase maintenance charges by providing the Customer
discontinuance, price changes, and revision to these terms and conditions. three - months written notice. The increased charges will become
In addition, Credit Department approval must be obtained before shipment effective on the first day of the first invoice period which commences
and delivery to the customer. For orders requesting performance on other on or after the effective date specified in the notice unless the
than an immediate basis, prices will be held firm only for two calendar Customer withdraws the affected machine from this Agreement as
months from the date the order is accepted by Kodak. The monthly provided in the conditions regarding WithdrawalTermination.
minimum amount will be billed monthly in arrears. Payment terms are net C. Average Usage Plan — This plan is no longer available for new
30 days. Usage charges for copies made will be billed post monthly. A installations. Customers already receiving billing in accordance with
monthly minimum amount is prorated for the first calendar month based on this plan remain subject to the terms and conditions in effect prior to
the number of installed days using a 30-day month. The prorated monthly the date of this catalog for the duration of the annual plan in effect.
minimum includes one full month's copy allowance. Copy charges for
copies made will be billed at their corresponding per copy rate. Meter D. Invoicing — Minimum Maintenance Charges will be invoiced in
charges for KODAK COLOREDGE Copier - Duplicators will be billed monthly in advance for the applicable invoice period for each machine shown in
arrears. .- the Supplement. The Additional Maintenance Charge or Estimated
14. Other Terms — In the situation where a Kodak copier is being leased 'Additional Maintenance Charge for the amount of processing for
from a company other than Kodak, the EMA will be issued to the individual Usage Plan Machines will be invoiced following the period to which it
applies. All other charges or credits will be invoiced when or after
or firm using the equipment, not to the leasing company. The Customer
they are incurred or earned. Monthly charges, when prorated, will be
represents that the customer is either the owner of each machine under
this Agreement oTis authorized to use each machine under a lease from a prorated on the basis of a 30-day month.
company other than Kodak. E Payment — All other charges hereunder are payable as specified in
service or services for additional charge do not assure that the invoice. The Customer will be entitled to a partial credit for
C Maintenance
the operation of the machines will be uninterrupted or error -free. maintenance charges so paid upon the withdrawal of machines or
termination of this Agreement, as set forth in the conditions regarding
15. Assignment — Without the prior written consent of Kodak, the customer Withdrawal/Termination, prior to the expiration of the invoice period
shall not assign its rights under this agreement. for which the payment applies.
16. Length of Program — For Kodak and IBM installations, the EMA shall run F. Withdrawal/Termination — The customer may withdraw a machine
for the continuation of a fiscal year (annual) or the next two succeeding from this Agreement upon one - month's written notice to Kodak.
fiscal years (Multiple -Year ID) commencing with the day following the 1) After the machine has been under this Agreement for at least six
warranty expiration date, conversion -to -sale date, conversion from per -call months.
date or expiration of the previous EMA period. The EMA charges will not
be increased during the annual or Multiple -Year III agreement period. , 2) After the machine has been under this Agreement for at least
17. Taxes — Pleas note that sales, use or other taxes measured by sales or one month and it has been removed from the customer's
receipts are not included in the prices listed but, where applicable, will be location, or
added to the invoice if a valid certificate is not furnished. 3) On the effective date of the notice of an increase in
18. Default — If the customer fails to pay any invoice for equipment, maintenance charges for the machine.
chargeable service or supplies, or if the customer fails to perform any of its Kodak may withdraw a machine from this Agreement:
other obligations under the agreement, or if the customer ceases doing
business as a going concern, or if a case in Bankruptcy or any proceeding 1) Upon three - months written notice to the customer, one year or
under another insolvency law is commenced by or against the customer as more after maintenance service for such machine has
debtor, or if the customer attempts to remove or sell or transfer or commenced, but not prior to the end of the period for which
encumber the equipment, Kodak, at its option, and without prior written ' Kodak has, prior to the date of such notice submitted an invoice
notice may terminate the agreement, and may immediately repossess all to the customer for the Minimum Maintenance Charge for such
items of Kodak owned equipment and Kodak owned supplies. On machine; or
termination for customer's default, the customer shall permit Kodak's
representative to enter its premises to remove the equipment and shall pay 2) Upon one months written notice to the customer, blowing any
all outstanding invoices, and all accrued payments, the removal charge and repetition of the need for additional repair of such machine due
the termination charge and any reasonable attorneys fees and court costs to causes described in the "items not covered by an EMA'
incurred by Kodak to enforce the provisions of this default clause. section.
19. Casualty Loss or Damage - Except for damage or loss caused by the Either the customer or Kodak may withdraw notice, for failure of the
sole negligence or other fault of Kodak, Kodak is not responsible for loss or
damage to copier equipment owned by other than Kodak. This includes, • other party to comply with any of its terms and conditions. This Agreement may be terminated by either party upon one month's
but is not limited to, the perils of fire, theft, sprinkler leakage, electrical written notice following withdrawal of all machines and fulfillment all
power surges, natural disasters, and vandalism. obligations hereunder.
31 x x
SIG 81829041 EQUIPMENT REPROGRAPHIC SERVICES, SALE, SUPPLIES (State and Local Government
General Equipment Maintenance Agreement (EMA) Terms (continued)
21. Copy Credits — For Kodak and IBM units on an EMA, copy credits will be
given for copies made during installation, customer training, or equipment
servicing. The number of copies for which the customer and Kodak agree
a credit is due reduces the total number of copies to be billed for the
calendar month in which these copy credits were recorded. For EMA
plans, including the Availability Run Length EMA, copy credits will be
applied to the A meter.
22. Limitations — THE SERVICES OUTLINED IN THESE TERMS ARE
KODAK'S ONLY OBLIGATIONS UNDER THE EMA. KODAK WILL NOT
BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES RESULTING FROM THE USE OR SERVICE OF THE
SOFTWARE OR EQUIPMENT, EVEN IF LOSS OR DAMAGE IS CAUSED
BY THE NEGLIGENCE OR OTHER FAULT OF KODAK. Such damages,
for which Kodak will not be responsible, include but are not limited to, loss
of revenue of profit, downtime costs, loss of use of equipment, cost of any
substitute equipment, facilities, or services, or claims of your customers for
such damages. This limitation of liability will not apply to claims for injury to
persons or damage to property caused by the sole negligence or fault of
Kodak or by persons under its direction or control.
23. Breach - If the customer fails to pay in a timely manner for the Equipment
for which Maintenance Services are being provided, Kodak can withhold
Maintenance Services from the Equipment, even if an Equipment
Maintenance Agreement is in effect.
24. The'terms and conditions outlined above may not be applicable if
equipment is not purchased directly from Kodak.
25. Controlling Terms — The terms and conditions of this price schedule shall
govern despite additional or inconsistent terms or conditions included in
customers' purchase orders or other documents.
26. Changes to Equipment Maintenance Agreement Terms and
Conditions — These terms may change without prior notice.
•
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32
Kodak
April 8, 1991
Mr. Louie Latorre
Director of Social Services i
Monroe County Information System (Data Processing)
1315 Whitehead Street
Key West, Florida 33040
Dear Mr. Latorre,
Per my phone conversation with Jeanie, the following promotion I am sure
you will find very beneficial to your department. The promotion pertains to your
IBM Series III 60 Copier and the maintenance savings your department will
receive:
Monthly Maintenance:
Mainframe $188.00
Reduction 15.00
ADF 15.00
Copy Controller 15.00
$233.00 0- 140,000 @ $.0083
Less EMA Credit ($75.00)
$158.00
Mr. Latorre, your department may fix this maintenance payment, which
includes a $75.00 monthly credit, for the next 36 months. Therefore, you will be
guaranteed this payment without future increases. As your Kodak Copy
Products Representative, please feel free to call me at 445 -0511 if you have any
questions. Enclosed is the maintenance contract which will need to be signed in
order to take advantage of this promotion. Please specify the effective date
which must be the beginning of the given month, promotion ends June 30, 1991.
EASTMAN KODAK COMPANY • 901 PONCE DE LEON BOULEVARD • SUITE 400 • CORAL GABLES, FLORIDA 33134 -3389
(305) 445-0511
Mr. Louie Latorre
Monroe County Information System
April 8, 1991
Page 2
Also include a purchase order number to reference on future invoices. Thank
you for your consideration.
Sincerely,
- ki /4/
Sandee Sedwick
Sales Representative
Copy Products Division
SS /jdb
Please return contract to: Sandee Sedwick
Eastman Kodak Company
901 Ponce de Leon Boulevard, Suite 400
Coral Gables, Florida 33134
cc: Jeanie Chancey, Staff Assistant II