1.) Quote is valid for 30 days unless otherwise noted.
2.) Pricing is in USD unless otherwise noted.
3.) Pricing is based on 12 month contract unless otherwise noted; in event of contract less than 12 months, ISP will need to re-price.
4.) Prices quoted are predicated on the award of all equipment bid upon. Prices may have to be modified if a partial award is made.
5.) Billing is assumed to be prepaid annual, unless otherwise specified.
6.) Assume Base Model Units if configuration not supplied.
7.) Any applicable taxes will be in addition to quote given.
8.) SLA achievement and pricing adjustments may be subject to completion of Onsite Inspection of equipment and Config information by/to ISP within 30 days of contract start date.
9.) Equipment must be in acceptable working condition at start of agreement and any Parts and/or labor needed to bring equipment to acceptable working condition may be billable.
10.) Standard on-site service agreement provides parts, labor, and travel expenses, excluding consumable items. An authorized agent of ISP (“Vendor”) will troubleshoot and diagnose failures prior to dispatching trouble tickets to the field. Vendor will dispatch replacement parts and/or field engineer for the parts deemed by vendor to have material defect to the Customer/Site under contract for delivery per the terms of the SLA. The onsite technician will replace the diagnosed hardware failure with replacement parts which may be new, refurbished, or serviceable parts, which are functionally equivalent to new parts and may be from sources other than the original equipment vendor/manufacturer.
11.) Standard depot agreement provides parts repair, excluding consumable items. An authorized agent of ISP shall complete Depot Services within the turnaround time quoted (Business Days) after receipt of the equipment, after which time equipment shall be returned to Customer by ground delivery. Customer pays for shipping to repair depot.
12.) Consumables such as, but not limited to, printheads, toner, cutters, shuttles, maintenance kits, fusers, metal frames or panels, chassis, doors, keys, key locks, screws, nuts, sliding bars, hinges, media i.e. tapes, DVD’s and CD’s, filters, and anything with predefined date of expiration, are not covered under the standard hardware maintenance contract. Batteries are typically not covered unless deemed by OEM as not customer replaceable.
13.) No licenses, software, application, OS, or IP services are included. Unless otherwise noted, whole unit replacements do not fall under the SLA and may require more time than the contracted SLA. Replacement licenses or license transfers and replacement software is not included. Restoration of OS, application, or data is not included. Customer agrees to maintain complete backup of all systems covered by this agreement including all OS, software, application, and data. System administrative actions are ultimately the responsibility of the Customer.
14.) Equipment damaged or failing due to any of the following reasons are not covered under the Maintenance Agreement and may be billed on a Time and Material (T&M) basis:
– Use of a machine outside of its documented capabilities, as specified by the manufacturer.
– Failure to maintain a suitable environment as specified by the manufacturer.
– Damage from Abuse, Misuse, or Accident
– Acts of God, War, or other uncontrollable events.
– Lightning damage, Fires and or Flood
– ISP accepts no liability for equipment that is relocated by anyone other than ISP or its approved subcontractors.
15.) ISP WILL NOT BE LIABLE FOR ANY REINSTATEMENT OR RECERTIFICATION FEES IMPOSED BY ANY PARTY AT ANY TIME. ISP’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY ISP’S SOLE NEGLIGENCE. THE CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. ISP SHALL NOT BE LIABLE IN CONTRACT LAW, TORT, OR ANY OTHER THEORY OF LAW, FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR CONSEQUENTIAL DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR EQUIPMENT OUTLINED IN THIS AGREEMENT. ISP WILL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTED FACILITIES OR EQUIPMENT, OR SERVICE DOWN-TIME COSTS. THIS LIMIT OF LIABILITY SHALL ALSO EXTEND TO CUSTOMERS OF THE CUSTOMER, NO MATTER HOW SUCH DAMAGES OCCURRED, WHETHER OR NOT BECAUSE OF NEGLIGENCE, STRICT LIABILITY, FAULT, OR DELAY OF ISP, OR BREACH OR FAILURE TO PERFORM THIS AGREEMENT.
16.) Cancellation for Cause
Customer may terminate a Service Order on any specific unit of serialized equipment in the event ISP is in breach of the contract and ISP fails to substantially cure or correct such breach within thirty (30) days following receipt of written notice from Customer specifying the nature of said breach. Specifically, if ISP fails to meet subscribed service levels on three (3) occurrences in any thirty (30) day period, the contract is deemed in breach and Customer notifies ISP in a timely manner, Customer may terminate Service Order on any specific unit of serialized equipment with a thirty (30) day written notice with no penalties. Customer will pay for services performed through the termination date. Any failure to comply with service standards caused by acts of god or as a result of actions clearly out of the control of ISP are not a condition of breach.
17.) Cancellation for Convenience
Any cancellation of a support contract during the initial term that does not fit the aforementioned explanation of a breach by ISP is considered “For Convenience.” In these situations, the Customer may cancel the contract for any reason only after six (6) months from the effective start date of the contract. At such time, Customer is required to provide ISP with a thirty (30) day written notice. Customer shall be entitled to receive a pro-rated credit of certain pre-paid fees as of the termination date. Customer may cancel anytime with a thirty (30) day written notice after the initial term and during renewal terms.