1987-184-Negotiate And Execute A Contract For Acquisition Of A Xerox 1065 CopierRESOLUTION N0, 1987 -184
RESOLUTION AUTHORIZING THE TOWN t1ANAGER
TO NEGOTIATE ADD EXECUTE A CONTRACT FOR THE
ACQUISITION OF A XEROX 1065 COPIER
WHEREAS, the Town wishes to replace the existing Xerox 1075 copier in the Police
Department with a Xerox 11odel 1065;
WHEREAS, the Town wishes to cancel the existing agreement with Xerox to purchase
the Model 1075,
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town Manager is authorized and hereby directed to
negotiate and execute a contract for the acquisition of a Xerox 1065 through a five
year Financed Equipment Purchase Agreement:
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, California, at
a regular meeting held this 2nd day of November 1987
by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J.
Ferrito, Robert L. Hamilton and Flavor Brent N. Ventura
NOES: COUNCIL MEHBERS
ABSTAIN:
COUNCIL
HEMBERS
None
ABSENT:
COUNCIL
MEMBERS
None
SIGNED
ATTEST:
CLERK OF THE TOWN OF LOS GA S
�!1
To
Debra Figone
Assistant Town Manager
Town of Los Gatos
Subject
Order Packages
From
Howard Sewell
Xerox Account Manager
(408) 562 -2339
Date
January 13, 1988
Debbie, please find attached a package including copies of order
documents from your recent order of a Xerox 1065 copier, as well as the
applicable terms and conditions. The contents are as follows:
1) Copy of signed sales contract.
2) Terms and conditions of the State & Local Government Equipment
Equity Plan (your payment plan).
3) Letter from Xerox accepting changes to terms and conditions as
requested.
4) Letter from Town of Los Gatos formally requesting sales reversal.
5) Letter from Xerox requesting acknowlegement of title transfer, signed
by Town Manager.
From the 1987 -88 Xerox State & Local Pricing Catalog:
6) 1065 Prices.
7) Equipment Purchase Terms and Conditions.
8) Full Service Maintenance Terms and Conditions.
If you have any questions on any of these documents, please don't
hesitate to call.
.0 \U/ x
This Xerox Order �yAgreement covers transaF' ` checked below and incorporates the terms a- ' notions attached hereto or referenced below. Jkessist ❑ With Maintains. 11 Term Lease ❑ Equipment Services ❑Software License
mnatallment pumhaan.d Pnr Treene.a 'M unrr. unl.aese— I— Ie:_e__vee... a......,_. r__.:_..._.:__...____ FI.— .____. _.
BILL TO CUSTOMER NAME
_._ .__..___.__..____ _._._.._
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INSTALLEp AT CUSiOMEfl NAME
M ENTCOMPANYIIFpIFFERENTI
NAME OVERFLOW
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Equipment Order Information
-
Oty- Xerox Product (Set. ♦ if in Place)
Lied Price' Tom tlsf S Lem Deductions - pype - B. Net S b
Thill I Other Far.
Xerox S SD
.a �•.
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ZS b4s
g b4'S:
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Xerox va
D. Cash Price
(P roipa
[B�
25� b�'s
Xerox
Xerox
E. Finance
Cna 9e o
Interest
At
30.40
Xerox
Xerox
F. (n+E) e
b�5•�
Xerox
G,PaceCIF)
q b�5.4
Xerox
jL0 Monthly Installments
Xerox
Of $ ;_ q
Meters
A From Attached
1 2
Order Agreenrent(s)
R`* Net Ill tp
Ly
Massiaehe of
a 4
ED TOtab
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1�•M9ert narice. _ s) risswintent
Term of Agreement (Check One Plan) ❑ 24 Month ❑ S6 Month ❑ 48 Martin ❑ 60 Mont ❑ other
Original Customer / Contract x95:
Alknvance Period Albwance
Monihry Minirtum Lease Payment $
❑ Monthty
Purchase Option Amount: $
❑ Sern,Annual ',ICnthy Minimum Lease PaYmemis)
$
❑ Annual From Attached Order reersent (s)
Purchase Opt. Amountlsl
Cofay Charges will be billed separately n Flontdly Po
U
From Attached Agreement)s)' $
Sales Oseeas
lacelxnt
accordance Wuh the Maintenance Price List •III I
irltlicatetl Debar.
The interest payable for State /Local
Government Installment Purchase or Term Lease subject to this order is $
(For Term Lease this assumes the option to purchase is exercised at end of lease period) at rate of %
• e a
Price Plan Description. t MHA
AA
'�' x.1 Initial Terri ,- Uft Cycle. M6 . ;C€uttsaot Number,
Goal Firm Contract Option Q
Gov't.Fiscst YoElr Opt11ot1 Gov't Flecat Year Sagims: f -- R"K 12 Summer Optipn .
Existing Equipment to be Replaced (list Serial Numbers) initial Supply Order Item City. Reamer Number PURCHASE ORDER/ CONTRACT INFORMATION -
(Purchase Order References are for Billing Purposes Only)
Customer Requires Purchase Order Number: ❑ No ❑ Yes
Customer Purchase Order Numbers:
?C? 971
Equipment:
Tax E %emPt ;&NO ❑ Yes (Attach Exemption Certificate) .L—
`� C;;7
Placement Charge Applicable �Y•s
Maintenance:
No
Customer xlil also & Ural for avull N su sis, .1ho at, sh,di o reuait $q ty'
Total Warranty Months
easan nl as designated an Ills Pisa List Custamer Or rattiest novel . at return Xerox Supply Cont, r
receive IC [rd&
mReq
Earliest Customer Acceptance Date:
C.,hirpeO
w�•� Customer Request Full CretliC iJ ❑ Master Purchase Agreement r:
a Yes No
E Z ECE�IFIT OF PRICE LIST TERMS AND CONt� DIT iO :S AND L iER DOCUN EV S LE5lG1 A ` EELOVJ
CUSTOMER MUST INITIAL ACX NOWT�1 L
,E.D s q 'a Dd . Initials
Xerox Price List r b L
rXEROX
tN S6r4l 7mOther
Maintenance Price List r
Term Lease Terms and CaMkbna 9 -1 -a7
Gov C Contract /Price List=
Equipment Bestride, >Am1•aM Csn�tgte 9 =t -Bt
Xerox Order Agreements)
Installment Purchase or Term Lease f
9- 1' 87 Software License Terms and Conditions ions Customer No
General Terms and Conditions
9 1 87 el Equipment Trade -in Terms and Conditions 95
EctsWidesPerad Res C
Extended Service (Warranty) Amendment Sales Rep Emo. A
Installment Purchase Terms and Cfti�
Negotiated Contract r
Customer
6Y IPlease Fdnn
Nerox
Sales Rep Older
Corporation NA,
resn' d A J T�
Signature
Sgnature
later ea For %ems,
Title
_t r
Date
Title Date
Delivery Contact n WA2 b J� I I��VI� �/]� Pe� `e.7 J = 2t as kr Site cleared: XYes ❑ No Order Agreement
FRrin 59502 I9. 1 811 XEROX
XEROXXERr
"' 'TATE AND LOCAL CsOVERNMEV _'AUIPMENT Issue Date
EQUITY PLAN August 15, 1985
(INSTALLMENT PURCHASE TERMS AND CONDITIONS)
XEROX CORPORATION, XEROX SQUARE, ROCHESTER, NEW YORK 14644
9. THE AGREEMENT
The XEROX ORDER AGREEMENT, the XEROX STATE AND LOCAL
option, title and ownership will pass to Customer upon acceptance of
GOVERNMENT EQUIPMENT EQUITY PLAN (INSTALLMENT PUR-
this Agreement by Xerox; rental on such In -Place units will terminate
`CHASE TERMS AND CONDITIONS) contained herein, and the
. on the date of execution of this Agreement by Customer, unless Xerox
specific XEROX STATE AND LOCAL GOVERNMENT PRICE LIST
`.
fails to accept this Agreement. The Equipment shall remain personal
noted on the XEROX ORDER AGREEMENT and any other
property and shall not become real property. Customer will not suffer
agreements or terms and conditions, receipt of which is acknowl-
or permit any lien or encumbrance of any kind against the Equipment
edged by Customer's initials on the XEROX ORDER AGREEMENT
and will pay when due all assessments, taxes, franchise fees, levies or
'shall constitute the entire agreement between Customer and Xerox
other governmental charges against the Equipment or its use.
for the sale of Equipment purchased hereby, regardless of
6. RISK OF LOSS
inconsistent or additional understandings or commitments, or terms
'..
Upon the Title Transfer Date, risk of Equipment loss and /or damage
or conditions in Customer's purchase orders or other documents sub
shall be with Customer.
"mitted to Xerox. This Agreement may be amended only by a written
7, DEFAULT
instrument executed by both parties.
: Time is of the essence hereof and if Customer she If fail to paywhen due
2. CUSTOMER
any installment, or otherwise fail to observe, keep or perform any prove
Customer represents that it is a part of a state government or a
sions of this Agreement required to be observed, kept, or performed,
..political subdivision or a school, hospital or other institution . operated
or if Customer ceases doing business as a going concern, or if a peti
as part of a state or local government
tion isfiled by oragainst Customer underany of the provisions orchap
3. PAYMENT
' ters of the Bankruptcy Act or any amendment thereto, or if Customer
Customer promises to pay the total Cash Down Payment (Line C of
shall make an assignment for the benefit of creditors or call a general
the installment purchase section of the Xerox Order Agreement) in full
..meeting of creditors, or attempts an informal arrangement or compose
'prior to or concurrent with the Transfer of Title of the first unit of
tion with creditors or if a receiver or any officer of a court be appointed
Equipment purchased hereunder. The balance shall be due in the
to have control of any of the property or assets of Customer or if
'number and amount of consecutive equal monthly installments also
Customer makes or has made any misstatement or false statement of
`. as shown in the installment purchase section of the Xerox Order
fact in connection with this transaction, or if Xerox, in the exercise of
,Agreement commencing one (1) month after the Title Transfer Date
Treasonable discretion deems the Equipment to be in jeopardy, the full
of the final unit purchased hereunder. If the Title Transfer Date falls
remaining principal balance hereunder shall become immediately due
on the last day of a month, monthly installments shall be due on the
and payable at Xerox' option and without notice. If any of the fore
last day of each succeeding month. Xerox will endeavor to send
going occurs, Xerox shall have all of the rights and remedies of a
Customer a monthly payment reminder invoice and Customer
secured party upon default underthe Uniform Commercial Code orany
understands and agrees that should Xerox encounter a delay in
similar law as enacted in the State where the Equipment is located
initiating the preparation and mailing of such monthly invoices,
Xerox may enter upon the premises where the Equipment may be and
'.Customer may receive more than one such monthly invoice for
renderthe Equipment and Operating System or Applications Software
.:payments due. Monthly payments are due regardless of the receipt of
which Xerox has granted Customer the right to use in connection with
invoices. In the event any invoiced installment is not paid when due,
the Equipment unusable and /or take possession thereof, and remove,
Customer agrees to pay a late charge, where permitted by law, of one
sell, lease or dispose of the Equipment and such Software and from the
percent per month of the unpaid installment until paid or the max
:proceeds retain all sums due underthe terms of this Agreement, aswell
imum late charge otherwise permitted by applicable law after the
as all costs and expenses relating to the enforcement or preservation of
expiration of any required grace period.
its rights hereunde. including but not limited to reasonable attorney's
Customer agrees that prior to or following acceptance of this
fees and at its option seek a deficiency payment for the remainder of
Agreement, Xerox may conduct a credit investigation. Based
such sums due. In addition, Customer agrees at Xerox' request to
thereupon, or if Customer has altered any of the Terms and Condi
assemble the Equipment and Applications Software and make it avail
tions contained herein and such alterations are not acceptable to
able to Xerox at a place to be designated by Xerox that is reasonably
Xerox, Xerox may revoke its acceptance and cancel this Agreement
convenient to both parties. In addition, if Customer fails to pay when
by written notice to Customer within sixty (60) days of Xerox' accep
due any installment or otherwise fails to comply with any provisions of
tance of this contract. Upon such revocation Customer shall make the
this Agreement, Xerox reserves the right to cancel any service or main
Equipment immediately available to Xerox for removal; Customer shall
tenance agreement entered into between Xerox and Customer with
not be liable for placement, rigging, or removal charges, and
regard to the Equipment. All rights and remedies of Xerox shall be
payments made therefor shall be returned.
cumulative and may be exercised successively or concurrently and
Equipment Placement and Transportation Charges, any applicable
without impairing Xerox' security interest in the Equipment. The fore
Sales Taxes and Excess Transportation Charges shall be invoiced to
going is without limitation to or waiver of any other rights or remedies
Customer separately and be payable in accordance with invoice
of Xerox according to law. It is agreed that fifteen (15) calendar days
terms. There are no additional charges due Xerox by Customer for
shall constitute reasonable notice for the exercise of any right in the
Excise Taxes, Insurance Premiums or Official Fees.
event that applicable law specifically requires such notice.
4. SECURITY INTEREST
Any breach by Xerox with respect to a unit of Equipment shall be
Xerox reserves and Customer grants to Xerox a purchase money
'deemed a breach with respect to that unit only.
security interest in the Equipment and any and all replacements, substi
8. USE AND LOCATION OF EQUIPMENT
tutions, and repairs thereto, as well as any products and proceeds of
The following conditions shall apply .until . all installments due
the foregoing for the purpose of securing the balance of the amount
hereunder are paid:
`. due hereunder and all other promises and obligations of Customer to
The Equipment will be kept at the installation address(es) and will
Xerox arising under this Agreement. Customeragrees to sign and axe
not be moved without the prior written consent of Xerox, which con
cute at any time alone or with Xerox any financing statements or other
sent shall not be unreasonably withheld. Customer will not use or deal
documents which Xerox deems reasonably necessary to protect and
with the Equipment in any manner which is inconsistent with the
continue Xerox' security interest under this Agreement. Xerox is also
terms of this Agreement, or any applicable laws and regulations. The
granted an irrevocable power of attorney to execute such financing
Equipment will not be misused, abused, wasted or allowed to
..statements or other documents on Customer's behalf. Customer shall
deteriorate, except for ordinary wear and tear resulting from its in-
prevent and hold Xerox harmless against the assertions of prior liens,
tended use. Xerox shall have the right to inspect the Equipment at any
security interests or claims by third parties based on or derived from
' reasonable time, wherever located. If any item of the Equipment shall
claims against Customer to the extent permitted by applicable law
be substantially destroyed or shall be damaged beyond repair due to
When all of Customer's promises and obligations have been fully paid
any cause whatsoever, Xerox shall have the right, upon written
and satisfied, Xerox' security interest shall terminate.
demand to Customer to require Customer to pay within thirty (30)
5. TITLE
` .days of the date of such demand, the full remaining principal balance
,Title and ownership of the Equipment and any and all replacements,
Xerox may mark the Equipment to conspicuously show that it has a
substitutions and repairs thereto, shall pass to Customer in accordance
security interest therein and Customer shall place no conflicting marks
'. with the terms and conditions of the Xerox State and Local Govern
or permit the Xerox mark to be removed or defaced. Customer shall
ment Price List pertaining to equipment purchase. For Equipment
bear all risk of loss or damage to the Equipment except such loss or
already in place on a rental basis, which is not exchanged at Xerox'
damage which results from the sole negligence of Xerox
Xerox Corporate,
2441 Mission Cofteae Blvo-
Santa Clara. Caofc ma 95,154
408 988 -8800
December 10, 1987
XEROXMs. Deborah Swartfager, Town Manager
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95031
Subject: Agreement for Purchase of 1065 Copier
Dear Ms. Swartfager:
In response to your letter of December 4, the language
contained in Section 12, b of the Full Service Maintenance
Terms and Conditions in the 1987 -88 State & Local
Catalog is deleted, and is replaced by the following:
"In any action by a party to enforce its rights
hereunder, the non - prevailing party shall pay
the prevailing party's costs and expenses (including
reasonable attorney's fees) ".
Xerox Corporation agrees to these changes.
XEROX CORPORATION
-f�dtN PA /, �3- , -A -Gw -i �
Howard J. Sewell
Account Manager
Date: Dec2,w P-C,� 10 , II �
HS:hs
TOWN of LOS GATOS
Town Manager
354 -6832
December 16, 1987
Howard J. Sewell
Account Manager
Business Systems Group
Xerox Corporation
2441 Mission College Boulevard
Santa Clara, California 95054
Subject: Model 1075 Copier
Dear Mr. Sewell:
The Town of Los Gatos is requesting a sale reversal for the Model 1075
currently installed at the Police Department. The 1075 was unable to -feed
certain type of originals.
We ask that all credits be applied to the up -front costs associated with the
purchase of a 1065.
If you have any further questions, please contact Debra Figone, Assistant Town
Manager.
Very truly yours,
DEBORAH SWARTFAR64 E
Town Manager
a
DS:pm
CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95031
December 14, 1987
XEROXMs. Deborah Swartfager, Town Manager
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95031
Dear Ms. Swartfager:
This letter is to confirm that the Xerox 1075, serial
number C55- 093058, currently owned by you is being
returned to Xerox Corporation. Title and ownership
of the equipment shall revert to Xerox at the time
the equipment is removed from your premises located
at the address above.
Sincerely,
XEROX CORPORATION
4�-/W GLl O' —4- . J
Howard J. Sewell
Account Manager
Agreed to and Accepted:
Deborah Swartfager, Town Manag4s1
Date
EQUIPMENT PURCHASE PRICES
Product Type
Purchase
Reorder Number
Modell
uantit 2)
Price
Per Unit
N81
Xerox 1050 Processor (NM) (5)(6) ,,,,,
1 -2 units
$9,920.00
N89
3 or more
9,260.00
Recirculating Document Handler ............... ............
1 -2 units
3,230.00
N92
Finisher
3 or more
3,030.00
................... ...............................
1 -2 units
995.00
N88
Automatic Document Feeder . ...............................
3 or more
1 -2 units
945.00
1,520.00
N90
Sorter
3 or more
tA30.00
.................... ...............................
1 -2 units
1,615.00
N94
Electronic Audrtron ......... ...............................
3 or more
f or more
1,535.00
285.00
N95
Mechanical Auditron .....................................
or more
402.00
K50
Xerox 1065 Processor (NM) ....: ......... ........: ...........
f or more
19,945.00
K51
Recirculating Document Handler.............. . ............
f or more
3,800.00
K86
Finisher..' . ........... ..:::..... ......... ...........
,1 or more
1,900.00
K52
Automatic Document Handler . ...............................
1 or more
1,995.00
K85
Sorter .................... ...............................
1 or more
1,710.00
39N (98K1223)
Computer Forms Feeder (ADH) .............................
1 or more
565.00
40N (98K7071)
Computer Forms Feeder (RDH) .............................
for more
565.00
-••
; Electronic Audrtron J ..:...... ......... ...I.......
':1 or more
`.'N /C
9BK1461
Mechanical Audrtron ........ ...............................
1 or more
402.00
C55
Xerox 1075 Mainframe Simplex (Processor) (RM) (5) .................
1 or more
45,955.00
C59/C65
Recirculating Document Handler ............................
1 or more
6,005.00
C63
Finisher for Recirculating Document Handler ................
1 or more
3,305.00
C91
Semi - Automatic Document Handler ........................
f or more
950.00
C93
Sorter (s) ..................... ...............................
1 or more
2,850.00
C66
Reduction ................... ...............................
1 or more
1,995.00
C67
Duplex ..................... ...............................
i or more
950.00
M57
Continuous Forms Feeder for Recirculating Document Handler
1 or more
2,610.00
'—
Electronic Auditron ......... ...............................
for more
N/C
K70
Mechanical Audrtron ......... ...............................
1 or more
402.00
3ON
Automatic Folder Stapler ... I ..............................
f or more
3A20.00
57N
Paginator Plus ............. ...............................
1 or more
8,075.00
MOB/MO6 /M13
Xerox 1090 Mainframe Processor (Intl. Document Handler /Catch Tray) (NM)
1 or more
74,385.00
M71
Finisher ..................... ...............................
1 or more
31300.00
P96
Reduction/ Enlargement ....... ...............................
1 or more
2,115.00
P97
Duplex ..................... ...............................
1 or more
950.00
P98
Mechanical Audrtron ......... ...............................
1 or more
402.00
30N
Automatic Folder Stapler ... ...............................
1 or more
3A20.00
57N
Paginator Plus ............. ...............................
1 or more
8,075.00
969
Xerox 8200 w /Finisher (RM) ......... ...............................
1 or more
17,575.00
685
Xerox 9500 wNariable Reduction w/o Sorter(RM) ..................
for more
80,750.00
685/8951357/377
Xerox 9500 wNariable Reduction w /Sorter(RM) ..................
for more
85,500.00
920
Xerox 9900 (RM) ................... ...............................
1 or more
123,285.00
392/562/792
Xerox 6500(RM)(3) ................. ...............................
1 or more
26,149.00
' The Sorter quantity purchase price levels above are applicable only when purchased and installed with the mainframe model.
(1) RM =Remanutanure ,NM =Newly Manulanured. Xerox reserves the right to
(2) Terms for Ouantity Purchase:
change equipment manufacturing classification
see page,4 and 5.
by Amendment.
(3) Includes Mandatory Color Contrast Control.
(4) Must be ordered with a Stand (9R293)
(5) Processor indudes platen cover (1045/1D48 Kit *98S90474; 104CM050 Kit M8K980; 1075 Kit #985129) at no additional charge If RDH, ADF, SADF or
selected.
SADH asapplicable not
(6) If a 1050 configuration
is selected with an RDH but without a Finisher, an offsetting catch Tray (98590465) is required.
12
LA
[PURCHASE TERMS Al") rONDITIONS
Equipment: Equipment, otherthan In -Place Equipment, will be
newly manufactured, remanufactured or used as indicated on
the price list. Purchase price includes transportation, operator
training and where applicable, warranty on parts and labor
within the 48 contiguous States and D.C. For equipment
delivery outside the continental United States please refer to
the Supplemental Terms and Conditions for the State of Hawaii
and Alaska, Commonwealth of Puerto Rico, the Virgin Islands,
and Western Pacific Trust Territories.
2. Newly Manufactured Definition: Newly manufactured
equipment means newly assembled equipment which may
contain used components that have been reprocessed to assure
machine compliance with product performance and reliability
specifications.
3. Remanufactured Equipment Definition; Remanufactured
equipment means equipment which has been subject to the
following factory processes at a Xerox plant: (1) Disassembly to
predetermined standards established by Xerox Corporation for
each model, (2) cleaning, (3) refinishing, (4) inspection and
testing to new machine test standards, (5) replacement of
defective components with new, remanufactured, or used
components, and (6) installation of all retrofits designated by
Xerox as field mandatory as of the date of machine installation.
Components which are not new are those which in Xerox'
technical experience will not affect machine performance.
The purchase warranty for Xerox remanufactureci equipment is
identical to Xerox' newly manufactured equipment purchase
warranty. In addition, Xerox remanufactured equipment is
eligible for the same Full Service Maintenance terms and 6.
conditions as newly manufactured equipment.
4. Delivery /Removal Terms: 7.
a. DELIVERY: COPIERS, DUPLICATORS, ENGINEERING
PRODUCTS AND ACCESSORIES: Shipment of equipment to
points in the 48 contiguous states and D.C. will be made by
common carrier and delivered uncrated to the point (room)
of installation in consideration for payment of the
"Equipment Placement Charges" shown on page 10. This
charge is exclusive of rigging. Expenses resulting from
carrier delay or aborted delivery caused by the Customer
shall be paid by the Customer.
b. REMOVAL: Customer -owned Equipment being purchased
through the Xerox Equipment Equity Plan which is cancelled
because of lack of funds or default, the Equipment Removal
charge shall be the Rental Removal charge(s) as shown on
page 10. This charge is exclusive of rigging. Expenses
resulting from carrier delay or aborted removal caused by 8,
the Customer shall be paid by the Customer.
c. RIGGING: Any delivery to the point of installation where
adequate access is not available, requiring movement of
equipment up stairways, through windows, etc. and rigging
is required, will be quoted and billed by Xerox as an open
market item.
Warranties - Equipment and Accessories:
a. Applicable to all equipment and accessories except for
equipment purchased under Option -to- Purchase (There is
no Warranty provided for purchases under Option -to-
Purchase):
1) 90 -Day Warranty: Xerox will keep purchased machines
in good working order, and will make all necessary
adjustments, repairs, and parts replacements without
charge, during normal working hours on an exchange
basis, upon Customer's request, for a period of ninety 9•
(90) days from the date of installation, with the
exception of Model 1012 which has a 36 month
Warranty, provided that such adjustment, repair or parts
replacement is not required because of negligence,
misuse, or equipment alteration by other than Xerox
Personnel. Replacement parts may have been used and
reprocessed in accordance with Xerox specifications.
The installation date shall be the date on which the
Equipment is determined by Xerox to be operating
satisfactorily and is ready for Customer use, except the
Warranty Period for the Direct Shipped 1012, 1025, 1038
and 2510 Copiers shall commence on the Customer
Equipment Receipt Date. The Customer Equipment
Receipt Date will be assumed based on Xerox' estimated
- shipmenttime.
2) Additional Warranty (not applicable to equipment on
Xerox' Full Maintenance, Standard Maintenance nor
equipment purchased under Option -to- Purchase): Xerox
warrants the parts in newly manufactured and
remanufactured equipment to be free from defects in
material and workmanship for one year from the date the
Equipment was first installed. Other than those parts
excluded below, Xerox will replace and install (on an
exchange basis) parts which have been promptly reported
either defective or nonfunctioning, and are so verified by
Xerox upon inspection. Replacement parts may have been
used and reprocessed in accordance with Xerox
specifications. The following parts are specifically excluded
from this additional warranty: lamps, flexible belts,
Photoreceptors (belts and drums), cleaning brushes, paper
transport rollers ( pressure, fuser and retard), and filters. This
additional warranty also shall not cover adjustment or repair
required because of negligence, misuse, or machine
alteration by otherthan Xerox personnel.
b. OTHER THAN THE OBLIGATION OF XEROX EXPRESSLY SET
FORTH HEREIN, XEROX DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING
CONSTITUTES XEROX' SOLE OBLIGATION WITH RESPECT TO
DAMAGES, - WHETHER DIRECT, INCIDENTAL OR
CONSEQUENTIAL RESULTING FROM THE USE OR
PERFORMANCE OF THE EQUIPMENT OR FROM DEFECTS IN
DEVELOPER OR OTHER SUPPLIES,
Equipment Purchase: Title and risk of loss shall pass to the
Customer upon installation of the equipment.
Option to Purchase:
a. Title shall pass to the Customer (and rental will terminate)
on the date of the official purchase order which must
contain the meter readings as of that date except provided
in Paragraph 10d and 10e on Page 5.
b. The rental accrual is not transferable from one machine to
another except for machines which were replaced at the
initiation of Xerox for mechanical reasons. When so
replaced, the rental accrual will be transferred to the
replacement machine.
C, The Option To Purchase terms are applicable only to
machines continuously rented under these contracts, and
are applicable regardless of the rental plan used.
Attachment of Non -Xerox Accessories to Customer -Owned
Xerox Equipment: Xerox Personnel will not install or connect
non -Xerox attachments and will not be responsible for
obtaining UL listing for such attachments. Full Service
Maintenance or Time and Materials repair service charges will
be provided for Customer -owned Xerox equipment with non -
Xerox accessories attached when such accessories comply with
the "Xerox Attachment Policy", which requires a Xerox
interface harness. The Customer may purchase from Xerox an
interface harness for equipment for which a harness is
available. The charge for the interface harness, and its
installation, will be quoted at the established commercial price
in effect at the time. Upon installation, the interface wiring
harness will become the property of the Customer.
Terms for Quantity Purchase: The quantity purchase must
meet all of the following terms:
a. Definition: Quantity Purchase used herein is based on the
first and subsequent multiple quantity price breaks.
b. Single purchase order, with a single billing address.
c. The purchase price is determined by the quantity of models
ordered. All products shown on pages 11 and 12, excluding
the 6500, may be mixed to achieve the quantity purchase
level shown for those products listed on pages 11 and 12.
The "mixing" of any combination of these products
(excluding the Model 6500) applies to new business orders,
orders for In -Place equipment, lease to sale trade orders or
any combination thereof.
NOTE: Placement charges are waived on quantity purchases.
d.
Delivery locations must be specified at time of order.
e.
Delivery date must be specified; not to exceed 180 days
trades. (Standard Termination Charges apply if the trade
from date of order.
f.
Within 60 days from date of order delivery dates and
locations may be altered, and quantities reduced, for
Credit accrual will apply to equipment currently installed
undelivered units.
g.
If the quantity specified in the purchase order is
Rental Plan.
subsequently reduced to a lesser quantity price break,
On the 30th, 60th or 90th day of rental installation,
Xerox will invoice the difference (for all units delivered)
Customer can exercise Option -to- Purchase and receive a
between quantity price invoiced and correct quantity
sale credit equal to one, two, or three months minimum
price.
h.
Equipment purchased under "Option -to- Purchase" is not
accessories if rented for an equal time frame.
eligible for Quantity Purchase as follows:
Customer must provide a Purchase Order or a written
1) The Option -to- Purchase price of the In -Place unit(s)
notice of intent to purchase the Equipment no less than
will be the standard OTP allowance applied to the
15 days prior to the 30th, 60th or 90th day of rental
single unit price.
10. Equity Accrual Credit: Equity accrual credit may be applied
against the purchase price of the Models 1025, 1038, 1040,
1045, 1048, 1050, 2020, 2080, 6500, and 7080 per the
following terms and conditions.
a.
Applicable to new business orders, including machine
trades. (Standard Termination Charges apply if the trade
is a "downgrade ").
b.
Credit accrual will apply to equipment currently installed
under a Contract Period, Extended Term or Long Term
Rental Plan.
c.
On the 30th, 60th or 90th day of rental installation,
Customer can exercise Option -to- Purchase and receive a
sale credit equal to one, two, or three months minimum
rental charge only, respectively. This provision applies to
accessories if rented for an equal time frame.
d.
Customer must provide a Purchase Order or a written
notice of intent to purchase the Equipment no less than
15 days prior to the 30th, 60th or 90th day of rental
installation.
e.
Lill
In all cases the effective date of purchase (or title
transfer) will be the 31st, 61st or 91st day of rental
installation. Purchases occurring after the gist day will
receive standard Option -to- Purchase (OTP) rental
allowance.
um
Customers exercising this option will receive 90 days
warranty and the Period of Assured Availability of Full
Service Maintenance or Standard Maintenance as shown .
on pages 64 and 65.
Customers may convert from an On -Site Demonstration
(free trial) to this rental accrual with Option -to- Purchase
Plan.
Conversions of In -Place equipment to and from the 30, 60
and 90 day commitments are not permitted.
11. Equipment Maintenance: Maintenance during the warranty
period will be performed during Xerox' normal business
hours, Monday through Friday, exclusive of holidays observed
by the Customer or Xerox.
Work to be performed outside Xerox' regular working
hours, if requested by the Customer, shall be provided on an
"if available" basis only at Xerox' "after hours" service rates.
12. Guaranteed Service Response Time: Applicable to
Equipment on Xerox Full Service Maintenance (FSM) and
Standard Maintenance (SM). If service is not provided within
9 consecutive regular working hours after notice is given by
the Customer, a credit for inoperative equipment time
exceeding such 9 hours may be allowed at the request of the
Customer if the Equipment is within the 48 contiguous states
and D.C. and within 30 miles of a Xerox Branch or Sales Office
(for Equipment located within 30 to 60 miles, the time
exceeding 18 hours will be used). Any credit allowed under
this provision will be in the form of a credit memo. Credit
shall be computed as fol lows:
Equipment on a meter FSM and SM basis: 1130 of the
monthly minimum for each day (or pro rata share for a partial
day based on 9 hours or 18 hours) in excess of the 9 hours or
18 hours provided that the FSM or SM minimum monthly
charge was not attained because of the lack of service.
Equipment and accessories on a flat monthly FSM and SM
charge: 1/30 of the monthly charge for each day (or pro rata
share based on 9 hours or 18 hours) in excess of the 9 hours
or 18 hours.
SUPPLEMENTAL DATA -- FOR INFORMATION ONLY (Open Market Items)
1. Xerox Equipment Trade -In Program: Xerox Corporation
has available for Customers eligible to use this Price List a
Xerox equipment trade -in program applicable for
equipment being purchased outright (not under Option -
to- Purchase Terms). This program is available as an open
market item (not part of this Price List) and is subject to
change without notice. Contact your Xerox Marketing
Representative for specific information.
2. Xerox Return to Rental Program: Xerox Corporation has
available for Customers eligible to use this Price List a
Return to Rental Program. Customers can trade -in their
purchased Xerox Copier(s) and use the trade -in value
towards a reduction in the rental price of another copier.
3. Xerox Equipment Equity Plan: Xerox Corporation has
available for customers eligible to use this Price List an
Installment Purchase Agreement called the Xerox
Equipment Equity Plan (XEEP) which is not part of this
price list
and the interest rate and terms and conditions of which
are subject to change without notice. If Customer is
interested in utilizing this agreement in the purchase of
Xerox Equipment, please contact your Xerox Marketing
Representative for a specific proposal, including down
payment and interest rate information. When equipment
is purchased under the installment purchase agreement,
all Purchase terms and conditions related herein plus the
terms and conditions of such agreement will apply.
4. Xerox Term Lease: In addition to the rental plans offered
herein, Xerox offers Term Lease as an open market item
for use in selected states. Customers interested in utilizing
this method of procurement should contact their Xerox
Marketing Representative. When equipment is purchased
under Term Lease all terms and conditions related to such
transactions herein plus the terms and conditions of such
agreementw it apply.
Full Service Maintenar-e-
(Throughout the terms and conditions stated below, Full Service Maintenance is referred to as "FSM ")
Part I -- Terms and Conditions Applicable to All Machine Models and Price Plans.
1. PERIOD OF ASSURED AVAILABILITY OF FSM
a. Initial Period of Availability -- Xerox will honor FSM orders
which become effective on the date of purchase (or the
expiration of the 90 day, for 36 month for Model 10121,
purchase warranty, if applicable) for the initial period as
specified in Table 1, page 64. Orders will be honored
during the initial period at prices, terms and conditions in
effect at the time the service is provided.
b. Extended Period of Availability -- 90 days prior to the
expiration of the initial period of Assured Availability,
regardless of where that date falls within the price list
period, Xerox, subject to its evaluation and /or inspection of
the equipment, may accept the renewal of FSM. For
Extended Period Service, Xerox does not represent that it
will be able to maintain the Equipment in good working
order, and the machine replacement provision described in
paragraph 7 does not apply to Extended Period Service,
2. DESCRIPTION OF FULL SERVICE MAINTENANCE
a. During the term of this Agreement, Xerox will maintain the
equipment in good working order.
Service will include:
1) Unscheduled repairs upon request by the Customer
during Xerox' normal business hours.
2) Ongoing maintenance as defined by the current Xerox
service policies applicable to the respective products,
which includes; lubrication, cleaning, adjustments, and
the replacement of parts which are unserviceable.
3) The unserviceability of parts will be solely determined by
Xerox, and replaced on an exchange basis. Replaced
Parts will become the property of Xerox.
b. During any Extended Period Xerox will provide service on
the same timely basis as equipment in its initial period.
Xerox does not represent, however, that it will be able to
maintain the equipment in good working order in
accordance with its service policy as amended from time to
time. Service in the Extended Period will include:
1) Unscheduled repairs upon request by the Customer
during Xerox' normal business hours.
2) Ongoing maintenance as defined by the Customer
during Xerox service policies applicable to the respective
products, which includes; lubrication, cleaning,
adjustments, and the replacement of parts which are
unserviceable.
3) The unserviceability of parts will be solely determined by
Xerox, and replaced on an exchange basis. Replaced
Parts will become the property of Xerox.
c. If the Customer requests service outside the terms herein, it
will be furnished in accordance with the hourly rate
provisions on an "Open Market" basis.
d. Xerox will install on -site engineering improvements
bearing the internal Xerox designation "mandatory
retrofit" which is placed on the same model of Xerox rental
equipment, except that if the equipment has not been
subject to an FSM continually from the expiration of the
Purchase equipment warranty, only such retrofits as are
introduced by Xerox during the term of FSM will be
installed.
3. ACCEPTANCE BY XEROX OF FULL SERVICE MAINTENANCE
a. Full Service Maintenance is only available for equipment
having a valid Xerox serial number and UL listing.
P. Equipment purchased from Xerox and /or serviced on other
than a Full Service Maintenance (FSM) or Standard
Maintenance (SM) basis which has been installed for less
than five years or seven years as appropriate, from the
Warranty Expiration Date or the Equipment Installation
Date, whichever is appropriate, is eligible for conversion
from Time and Materials Service to either FSM or SM
subject to inspection of the Equipment and repairs and
parts replacement necessary to bring the Equipment to
Xerox standards. Customer shall pay a charge for
inspection and conversion based on the hourly rate and call
charge for Time and Materials Service and the Xerox Parts
Price List. Parts replacement shall include replacement of
the photoreceptor.
c. Equipment will not be accepted for FSM or SM if five years
has elapsed from the Warranty Expiration Date or the
Equipment Installation Date or if the Equipment cannot be
brought to Xerox standards. In the event Equipment is not
placed on FSM or SM after an inspection requested by
Customer, Customer shall nevertheless pay all charges
attributed to such inspection.
d. Engineering and Graphic Products: Equipment purchased
from Xerox and serviced on other than a Full Service
Maintenance basis for less than one year from the Warranty
Expiration Date is eligible for conversion to Full Service
Maintenance, subject to inspection and acceptance of the
Equipment by Xerox. Any such inspection requested by the
Customer shall be at Customer's expense and at the Xerox
Time and Materials rate then in effect. Equipment that is
accepted for conversion to FSM during this first year must
meet Xerox FSM product standards as determined solely by
Xerox. For Equipment that does not meet such standards,
Customer agrees that the correction of such deficiencies shall
be made by Xerox at Customer's expense at the Xerox Time
and Materials rates then in effect.
e. Xerox reserves the right not to accept orders requiring FSM in
those areas which are remote or not readily or adequately
serviced by Xerox.
4. SERVICES NOT INCLUDED
Services not included in FSM will be charged in accordance with
the Xerox Time and Materials rates then in effect. Those services
not included in FSM are, but are not limited to, the following; 1)
optional retrofits, 2) services connected with relocation of
equipment (see paragraph 5), 3) adding or removing accessories,
attachments or other devices, 4) exterior painting or refinishing
the equipment, 5) the performance of normal operator
functions as described in Xerox Operation Manual(s), 6) repair of
da mage from any cause whatsoever, except that caused by the
sole negligence of Xerox, 7) increase in service time resulting
from either operator neglect, unique applications, or defective
supplies etc. and, 8) the furnishing of supply items.
S. RELOCATION OF EQUIPMENT
During the relocation, charges for FSM will continue without
interruption.
a. Relocation by Xerox -- The 'Equipment Relocation' terms
shown under Rental Terms are applicable.
b. Relocation by Customer -- Xerox reserves the right to
examine the machine at the new site. If repairs are required,
Xerox will submit a quotation for the repairs. If charges are
approved by the Customer, FSM service will resume at the
new site (after repairs). If not accepted by the Customer, FSM
will be cancelled effective immediately with no further
obligation to either party.
NOTE: Any technial service assistance (at the old or new site) requested by the
customer in connection with the relocation will be billed at the hourly labor
rated shown elsewhere herein.
6. ACCESSORIES
a. Any accessory purchased from Xerox for which FSM pricing is
available shall be subject at the time of its attachment to
equipment or at the expiration of its purchase warranty,
whichever occurs later, to the terms and conditions of FSM at
the FSM prices then in effect. The price plan and term of FSM
with respect to such accessories shall be identical with that of
the mainframe. Xerox , however, may terminate FSM upon
written notice if any accessory is attached to the equipment,
which accessory, within 30 days prior to that attachment, was
either: 1) subject to FSM and more than five (5) years have
elapsed from the accessory's purchase warranty expiration
date; or 2) not subject to FSM and more than two (2) years
have elapsed from the accessory's purchase warranty
expiration date. Xerox also may terminate FSM at any time
upon written notice if any Xerox accessory attached to the
mainframe, and for which no FSM pricing is available,
cannot, in Xerox' sole discretion, be maintained in good
working order and Customer does not remove or replace
such accessory upon notice from Xerox.
b. Any Xerox accessory forwhich no FSM pricing is available and
which is attached to the mainframe will be serviced during
the term of FSM as part of the normal service of the
mainframe. However, in the event Xerox, at its sole
discretion, can no longer maintain such accessory in good
working order, Xerox will notify the Customer to remove or
replace such accessory. Failure to remove such accessory will
result in termination of the FSM (forthe mainframe).
REPLACEMENT OF MACHINES AND ACCESSORIES
If during the Initial Period, Xerox, in its sole judgment, cannot
maintain the equipment in good working order, Xerox shall
replace the equipment with another unit in good working order
of the same product designation subject to the following
provisions:
13
Full Service Mainter
Part I -- Terms and CIL o%.rcions Applicable to All Macnir.z Models and Price Plans
(Continued)
B.
9.
a. If Xerox, in its sole judgment during period of assured
availability, is unable to maintain Equipment in good
working order, Xerox shall replace Equipment with
equipment of the same model with the same capabilities or
equipment Of a different model with comparable
capabilities. if replacement unit is a product of greater
capabilities, Customer agrees to pay then current FSM rates
for the replacement unit. If a replacement unit is required,
all Equipment placement, removal, transportation and
rigging costs shall be borne by Xerox. If Equipment is an
Engineering and Graphic Product Mainframe and Xerox
determines a replacement unit for the same model is no
longer available, Xerox may discharge its obligations under
this Paragraph by making payment to Customer equal to
the Trade -In Value based on original List Price or current
List Price of such Equipment, whichever is greater.
b. If Xerox cannot maintain an accessory for which FSM
pricing is available in good working order, it shall replace
that accessory in accordance with the above conditions but
shall have no obligation to replace the mainframe and /or
-any accessory which Xerox determines to be in good
working order.
c. The machine replacement provision above does not apply
to the Extended Period;
d. If the equipment is replaced, the replacement unit is
allowed the balance of the initial period of assured
availability remaining on the unit replaced.
NOTE: No additional warranty will apply to the replacement
unit..
EQUIPMENT EVALUATION
During the fifth year of Initial Period for newly manufactured
or remanufactured equipment orseventh year (as specified for
the particular period of equipment in Table I, Initial Period of
Assured Availability of FSM), Xerox reserves the right to
evaluate the machine and determine if an off -site renovation
at Xerox expense or replacement is necessary to maintain the
equipment in good working order for the remainder of the
Initial Period. The renovation does not include a replacement
unit during the period of renovation.
FORCE MAJEURE
Except for the obligations of payment set forth herein, neither
Xerox nor the Customer shall be responsible for failure of
performance of contracts resulting from orders placed
hereunder, due to causes beyond its control including, but not
limited to, work stoppages of Xerox employees or employees
of others, fires, civil disobedience, civil commotions, riots,
rebellions, insurrections, acts of God, and similar occurrences.
10. WARRANTY
OTHER THAN THE OBLIGATION OF XEROX EXPRESSLY SET FORTH
HEREIN, XEROX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
XEROX SHALL NOT BE RESPONSIBLE FOR DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO,
DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE
EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT.
11.INVOICING
a. Customer shall submit equipment meter readings to Xerox on
forms provided by Xerox. Xerox shall have free access to the
equipment to ensure the accuracy of the meter readings.
b. Metered unit copy charges are invoiced upon receipt of
Customer's meter card, except that if the Customer's meter card
is not received by Xerox on a timely basis the unit copy charges
may be estimated by Xerox and invoiced accordingly.
c. The monthly /quarterly minimum charge and the copy allowance
are pro -rated during any calendar month /quarter that the
equipment is installed for less than the full month /quarter. For
billing purposes, all applicable monthly charges shall be adjusted
on the basis of the number of calendar days covered by the
billing period using a 30 -day month.
d. Frequency:
1) Customers on CP Plans will submit meter readings at the end
of each month and will be invoiced for Monthly Minimums
and excess copy charges on a post monthly basis.
2) Post Quarterly Billing: Excess copy charges, over the Semi -
Annual Allowance, will be billed atthe end of each six month
period for the Firm Contract Plan, Fiscal Year Plan, or Price List
period, whichever applies. Customers on QCP Plans will
submit a meter read at the end of each six month period for
Firm Contract Plan, Fiscal Year Plan or Price List period,
whichever applies. The quarterly Minimum Charge will be
invoiced in arrears at the end of each three calendar month
period, Firm Annual Plan, Fiscal Year or Price List period,
whichever comes first.
e. The FSM rates are those in effect upon the date of
commencement of the FSM Agreement (not on the date of the
order).
12. BREACH OR DEFAULT
a. If Customer does not pay the amounts due hereunder or
breaches any of the terms of FSM, or if a petition is filed by or
against Customer under any of the provisions or chapters of the
Bankruptcy Act or any Amendment thereto, Xerox, in addition to
any other legal remedies it may have, may terminate FSM
effective uponwritten notice to Customer.
b. Customer, where permitted by law, agrees to pay to Xerox
reasonable attorney's fees and legal expenses incurred in
exercising any of its rights and remedies upon breach of FSM by
Customer.
59
PART II --Applicable to . CP, and Plan QCP
PERIOD OF COMMITMENT (For Renewal of Contracts, seepage 7, paragraphs 9, 10, and 11)
a. Pans CP and QCP- Contract Period: The contracted period will be from the initial commencement of FSM to the end of the Price List
period (renewals of FSM from the previous Price List will be for the entire Price List period).
b. Plans CP and QCP - Contract Period (Fiscal Year Option): The contracted period will be from the in itia l commencement of FSM to the
end of the Customer's current fiscal year (renewals of FSM from the Customer's previous fiscal year will be for the entire fiscal year).
c. Plans CP and QCP -Contract Period (Firm Contract Option): The Contracted period will be for twelve months from the first day of
the calendar month following the initial or conversion commencement of the FSM. If the order /conversion occurs on the first of
the calendar month, the term shall be fortwelve full months.
NOTE. The Fiscal Year Option is not available for use by PrivateNor,Profit Schools Systems, Private Non-Profit Colleges and Universities nor TO Private Non-Profit Hospitals, or
contractors as defined herein.
2. CANCELLATION OF FSM (Early Termination Charges)
a. Plan CP and QP (including Fiscal Year and Firm Contract Options): For cancellation at the end of the contracted period 30 day prior
written notice is requested. If cancelled any other time, 30 day prior written notice is required and termination charges will be due
and invoiced in the amount of two (2) times the monthly minimum charge; Or for those plans with a quarterly minimum charge,
two- thirds (2/3) of that charge. The termination charge will be prorated if cancellation occurs during the last sixty (60) days of the
Agreement Proration will be on the basis of 1/6, of the termination charges specified above for each day after cancellation to the
expiration date of the Agreement.
Cancellation by Xerox
Xerox may cancel (with prior notice) under any of the following
1) At the expiration of the 'Initial Period' or 'Extended Period' but effective only atthe end of the contracted period.
2) If equipment is placed in an area which violates Xerox published space, electrical, or environmental requirements.
3) If equipment is moved to an area where FSM is not available.
4) If equipment is modified, altered or damaged by otherthan Xerox employees.
5) If Customer fails (after notice by Xerox) to discontinue use of any supply item which causes machine damage or
excessive service, does not meet any Xerox published minimum physical property guidelines.
6) If Customer refuses an off -site machine renovation as specified in Part 1, Paragraph 7.
7) If Equipment is not relocated in accordance with Part 1, Paragraph 5.
8) If any non -Xerox accessory attached to the mainframe is, in Xerox' sole discretion, the cause of equipment malfunction
and Customer does not remove or replace such accessory upon notice from Xerox.
EXCEPTIONS TO TERMINATION CHARGES
a. "LACK OF FUNDS: If the funding authority of a State Government or Political Subdivision fails to appropriate funds to enable the
Customer to continue payment of FSM, the Customer may cancel without termination charge provided Xerox receives at least 30
days prior written notice stating; 1) the lack of appropriated funds as the reason for termination, or 2) the Customer (machine user)
has been disestablished or discontinued.
'NOTE: This - funcirq.c ' provision is not applicable to Private Nor-Profit Schools Systems, Private Non-Profit Calleges and Universities, nor to Private Non -Profit
Hospitals, or contractors as defined herein.
o. n the Equipment is installed under an FSM Agreement and is traded -in for another Copier /Duplicator purchased from Xerox and an
FSM Agreement is executed for the incoming equipment atthe time of the trade -in order, Termination Charges shall be waived.
c. FSM Agreement on equipment within the Extended period of availability may be cancelled without Termination Charges.
d. Accessories may be cancelled anytime with 30 day prior written notice, without Termination Charges, providing the accessory is
removed from the mainframe.
4. PRICE PLAN CONVERSIONS
a. From a Fiscal Year Option Plan or a Firm Contract Option Plan to Plan CP and Plan QCP is not permitted.
b. To the Firm Contract Option is not permitted.
S. FSM RENEWALS
Referto page 7, paragraphs 9 and 10.
M
J
TOWN USE ONLY
Date
Req. No.
Dept. ?';r ..........
TO:
TOWN OF LOS GATOS
Town of Los Gatos is exempt
from Federal Excise Tax
and Finance Charges.
PURCHASE ORDER NO.,,,.
This order No. must appear on
all invoices, bills of lading,
and correspondence.
Not valid without Purchase Order No. and signature of Purchasing Agent. All
purchases are subject to the conditions printed below. Mail two copies of your
invoice to PURCHASING AGENT P.O. BOX 949 LOS GATOS CA 95031. All
purchases prepaid freight.
Xerox Corp.
Deliver All Merchandise To:
Los Gatos, California 95030
GUAM-
TITY
UNIT
DESCRIPTION
ACCOUNT TO
BE CHARGED
UNIT
PRICE
AMOUNT
Xerox 1065 K 50 Copier
net
25r :00
w /RIIEI & Finisher
Finance Charge 5.9%
40030.40
60 a nts fl 494.59
TERMS AND CONDITIONS
1. Statements and /nr invnirec mncr hr rereivnA by t9.An Alnn..
SUS TOTAL
DISCOUNT
STATE TAX.
TOTAL AMOUNT
9,t75,4u
Wednesday preceding first Monday of each month.
2. The Town of Los Gatos will not be responsible for articles or
services furnished officials or employees without a Purchase
Order signed by the authorized purchasing agent.
3. The right is reserved to purchase in the open market and to
charge the difference to the Vendor in the event that deliveries
are not made at the time specified in the bid or contract.
4. Whenever a delivery is rejected the Vendor shall be notified
and given reason for the rejection. All rejected deliveries shall
be held at Vendor's risk and he shall bear the expense of
removal.
I
I .
I
AUTHORIZED SIGNATURE
Payments are mailed on the 10th of each month.
DATE
TOWN USE ONLY
Date ...eceer.4.,..297..._
Req. No. . ................
Dept �er
TOWN OF LOS GATOS
PURCHASE ORDER
Town of Los Gatos is exempt ®�
from Federal Excise Tax
and Finance Charges.
PURCHASE ORDER NO.
70572
This order No. must appear on
all invoices, bills of lading,
and correspondence.
Not valid without Purchase Order No. and signature of Purchasing Agent. All
purchases are subject to the conditions printed below. Mail two copies of your
invoice to PURCHASING AGENT P.O. BOX 949 LOS GATOS CA 95031. All
purchases prepaid freight.
xueo
Xerox Com.
Deliver All Merchandise To:
Los Gatos, California 95030
OUAN-
TITY
UNIT
DESCRIPTION
ACCOUNT TO
BE CHARGED
UNIT
PRICE
AMOUNT
Month
d Maintenaue (CP) for Xerox 1065 CK 50
With RDH & Finisher
Xerox 1065
250.00
RDH
30.00
FL-Asher
15.00
Plus $0.007 Per copy in excess of 20,000
TERMS AND CONDITIONS
1 Sf�frmnnfc enii /nr invnirnr mncf 6r r. neA Mr 19.M N......
SUB TOTAL.
DISCOUNT
STATE TAX
TOTAL AMOUNT
B 295. 3u /ao,
Wednesday preceding first Monday of each month.
2. The Town of Los Gatos will not be responsible for articles or
services furnished officials or employees without a Purchase
Order signed by the authorized purchasing agent.
3. The right is reserved to purchase in the open market and to
charge the difference to the Vendor in the event that deliveries
are not made at the time specified in the bid or contract.
4. Whenever a delivery is rejected the Vendor shall be notified
and given reason for the rejection. All re''ected deliveries shall
be held at Vendor's risk and he shall bear the expense of
removal.
i
I
AUTHORIZED SIGNATURE
Payments are mailed on the 10th of each month.
DATE