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Home My WebLink AboutFujitsu; 2001-06-11;FAX TRANSMISSION DATE: September 20,2002 TO: Mary Lou Badillo FUJITSU WARRANTY INFORMATION SERVICE FAX: (408) 456-7555 FROM: Karen Kundtz, Assistant City Clerk CITY OF CARLSBAD Phone: (760) 434-2917 FAX: (760) 720-6917 RE: RENEWAL MAINTENANCE FOR SMALL DOCUMENT SCANNERS - QUOTATION #QOOS039 Here is the signed Service Contract Quotation for Scancare Plus Next Day service for two (4) of the City of Carlsbad's Fujitsu small document scanners. They are: Model #- Scan Partner 93 GX, - Serial #'s 12605,12632,13573, and Model # - SP62OC, Serial # 0070278-S62. Please have an invoice sent to me for payment of the $4,580.00, Thank you, qTZ, Assistant Ci lerk CMC 09/03~/02 11:51 AH PDT FCPA Technical Assistance Center page 1 of 5 #1307~to R . -a Fujitsu Computer Products Of America To: Karen Kundtz Company: City of Carlsbad Fax: 760-720-6917 From: FCPA Customer Service Subject: Renewal Service Contract Quotation Memo: The attached quotation covers the annual renewal of the existing service contract for your Fujitsu equipment. ORIGINAL. Date: 09/03/02 Time: 11 :36 hhl PDT Pages Sent: 5 FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard Pkwy, San Jose, CA 951 34 FU~TSU Dear Valued Customer, Our records indicate that the attached service agreements for your Fujitsu equipment will soon expire. 'To insure uninterrupted service coverage for another year. please review. sign ad fax the price quotation form back to me. Be sure to include your payment method and purchase order number if applicable. If you have additional Fujitsu equipment which you would like to add to the quote, please forward the information to my attention and I will be happy to provide you with an amended quote. If you have any questions regarding your service coverage, please contact the sales representative specified. It has been our pleasure to provide you with service support We look forward to your continued business. Sincerely, Service Contract Sales Representative 09/03/02 11:51 AM POT FCPA Technical Assistance center Page 3 of 5 x1307~to u ,. FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard Pkwy, San Jose, CA 95134 FU~TSU "I(IMV" FCPA SERVICE CONTRACT QUOTATION Date of ~uote: 09/03/02 Quotation #: Q008039 Bill-to Contact Location Contact Site# 112960 Karen Kundtr City of Carlsbad 1635 Faraday Avenue Site# 112960 Karen Kundtz City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad, CA 92008 Phn: 760-434-2917, FAX: 760-720-6917 Phn: 760"t34-2891, FAX: 760-720-6917 Terns (please check one): Payment Type (circle one): Check / PO / VISA / Mastercard Check/PO/Account Number: Expiration Date: Invoices MUST be paid within terms to avoid interruption in service. Model Serial No Start Date End Date Service Type Resp. Time Unit Price SP62OC 0070278-5 12/01/02 11/30/03 AdV EXC Next Day SP93GX 12605 395.000000 12/01/02 11/30/03 ScanCare Plus Next Day SP93GX 12632 12/01/02 11/30/03 ScanCare Plus Next Day 1395. 00000 1395. 00000 SP93GX 13573 12/01/02 11/30/03 ScanCare Plus Next Day 1395. 00000 """" _"""" """"" """_" """"""_ """""_ """"" """"" 4580. Applicable tax will be added to the total cost unless tax identification number is provided: Comments This quotation is valid for thirty days. To obtain maintenance: Review and sign the above quotation. Make Purchase Orders or checks payable to Fujitsu Computer Products of America Attn: Accounting Maintenance Contracts 2904 Orchard Pkwy, San Jose, CA 95134-2009 chase order or check to: 8-456-7581, FAX: 406-456-7555 ?yh& Date ORIGINAL O~IIO~IOZ 11:51 AH PDT FCPA Technical Assistance Center Paae Lt of 5 t1307vo R FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard Pkwy, San Jose, CA 951 34 FUfTSU "mw" SERVICE TERMS &CONDITIONS 1. SERVICE Customer shall be sntiiled to purchase service on FCPA's products. rEquipmenV') ks dwcdbed in the attached servic~ description ("Services') Service hours shall be fran 7:OO a.m to 5:OO p.m. daily. Monday through Friday. except legal holidays, which are New Year's Day: Memorial Day; Independence Day; Labor Day, Thankgiving Day, and Christmas Day. Service may be provided by FCPA or its authorized service provider ('Service 2. EXCLUDED SERVICE SeNlce descrptlm, Or repalr d damage resulting from any cause other than ordinary use, 01 causes by Operation d the Equipment with non-FCPA Maintenance Service provided under this Agreement does nd include the fumishng of supplies or accessaies for the Equipment unless specified in the equipment or supplis. With respect to excluded Service, FCPA will wbmit a description of the parts or services necessary to restore the Equipment to proper Opaating condition and the estimated charges based of FCPA's time and matertal rates then in effect If FCPA is nd granted permission to perform such repairs at Customer's expense. FCPA may terminate all its obligations under thk Agreement wth respect to such Equipment. 3. TERM Servbe may be renewed fw one (1) year periods ('Renewal Period') or until terminated earlier as provided eisewhere herein Maintenance Service wlll begin on the Effective Date and will remain in &et for an initial period of one (1) year ('Tm"). Thereafter, Maintenance 4. PAYMENT AND PRICE CHANGES Customer shall pay maintenance Ssrvice charges. including all applicable federal, state and locai taxes, but excluding taxes based on FCPA's net income, on an annual basis prior to the commencement d Service. Annual Service fees for Renewal Periods are subject to change upon forty-five (45) days' prior wriiten notice, except that FCPA may adjust the charges for the then current Service period if Equipment specifications, attachments. or features change during such period. 5. EQUIPMENTADDITION the Equipment must be currently supported by FCPA and in good wakng condition. All Equipment added aher the Effective Date shall assume the Customer may add Equipment eligiblefw support, at any time, upon giving FCPA thirty (30) days prior written notice. In order to be eligible for Service. unexpired portion 01 the then current annual Service period. 6. LIMITATION OF LIABILITY Customer agrees that FCPA and Service Provider WIII only be liable for personal injury or damage to real property ortangible personal property to the extent caused by FCPA's or Service Provider's negligence. The amount of clalm for any other actual loss or damage is limited 10 $50,000. In all cases any clalm must be brought within twelve (12) months alter the occurrence of the alleged act or mission giving rise to damages 7. WARRANTY FCPA Warrants that Service will be performed in a professional and workmanlike manner 8. TERMINATION Either party may terminate the Agreement without cause at any time upon sixty (60) days prior wriiten "dice to ths other party. Should FCPA terminate the Agreement without cause. FCPA shall re'und to Customer any prepaid but unused Service charges on a pro rata bas,*. Either party may terminate this Agreement upon written notlce to the other pany (I) forfailure of the other party to comply with any material term or condition of this Agreement and such failure is not remedied within thirty (30) days after receipt of written notice of such failure by the other party, (ii) if the other party makes an assignment for the benefit of creditors becomes unable to make payments due, 01 becanes the subject of any bankruptcy. receivership, or similar prnceedmg. FCPA may terminate this Agreement if Customer IS in default d this or any other agreement with FCPA. Customer shall not use FCPA as a U.S. government contractor or subcontractor. nor shall any Federal Acquisition Regulations ('FAR"') be applicable 9. GOVERNMENT to this Agreement without FCPA's express prior wriiten consent. If Customer breaches the foregoing obligation, Cwtmer shall indemnify and hold FCPA harmless from any and all fees, Costs. expenses and lost prdlts that resun therefrom 10. GENERAL FCPA WIII not be responsblefarfailure to provide Servlce due to strikes or causes beyond FCPA's reksonable cmtrol FCPA may assign this Agreement and its rights under this Agreement to my its parent or an affiliate. Customsr may not assign this Agreement without FCPA's pdorwrmen consent. Any notice or Communlcatlons between the parties shall be in writing and personalty delivered or forwarded by first class mail, pcstage prepaid. to the palties' respective addresses shown in this Agreement. Notices shall be deemed given at the earlier of (i) their actual receipt or (ii) five (5) days aiter the date of mailing. Thls Agreement may not be amended and no provision of this Agreement shall be considered modified by either party unless the amendment or madiflcatlon E made in writing and signed by both parties. Thls Agreement and its attachments shall be governed by the laws d the State of California, with exclusion d its cmflicts of law provisims, and constitute the entlre agreement with respect to %Nice. The terms and cmditions d thk Agreement shall apply. notwithstanding any differences in the terms and conditions of my order or Other dnument submitted by Customer. Any preprlnted terms and condltlons a5 conialned ~n any Customer purchase order shall be deleted and be void and of no effect the judgment therein shall include a reasonable sum to be paid to the prevailing party for and on %count d attorneys' fees and costs Incurred in Such In the event that lltigation is instituted between the parties in cmnection wlth any controversy or dispute arising fran. under or related to this Agreement. lhtigation. including those incurred on appeal. if any provision herein k heid invalld or illegal by any court d competent jurisdiction. the same shall be deemed severable, shall in no way affect any other provision, and shall be deemed replaced by a provlslon which comes closest in language md Intent wlthout being lnvalld or illegal Fatlure to enforce my prov~s~m shall not be construed to be a waiver of such provkian or any other provision F~P.~Sc"r;TirmrkCmin,.or ,gl?* 09/03/02 11:51 AU POT FCPA Technical Assistance center Paue 5 of 5 #13071tO Q 2 N”mw*Yur ScanCare Service Description ScanCare is an annual scheduled preventative maintenance program designed to provide Customer with the consumables necersaryto meet the Recommended routine maintenance services which Customer is responsible for as outlined in the Operator’s Guide for the Fujitsu scanners (the “Product”). Under this service offerinn. Customer MY receive the followinz services and kits. Please refer to Fiewe 1. Covered Senices for soecific services covered for each oroduct. t lnsc edion & Profile -Upon receipt of the Activation Card by Fujitsu, a Fujitsu Authorized Senice Provider (“FASP”) will come on- site to inspect Customer scanner and to prepare a scanner maintenance profilc form. The profile establishes the recommended consumable replacement andprevcntativc maintenance schedule. perform routine maintenancc, including time saving tips. Service will be performed during business hours at a time mutually ageed upon betu,een Owrator Training ~ Upon receipt of the Activation card by Fujitsu, a FASP will come on-site to provide Customer with training on proper way to FASP and Custumer. Conrlrmables Kits ~ Each Scan Care maintenance program includes automatic delivery of consumable kit(s) 10 the end-user site. Tbme number of kits depends on scanner model. No&: The Consumable kits provided Customer during the maintenance period contain quantities of parts required for cleaning and maintenance are ofthe Product based an normal we. Should Customer require additional consumables, Customer may purchase these parts by contacting a local Fujitsu reseller. Preventative Mainlenance Calls - On-site Pre-ntativc maintenance will be performed by a FASP. Preventative maintenance includes cleaning of the wit and replacement of consumable parrs (M3099 only). Service will be provided during normal business hours at a time to be mutually agreed upon between the FASP and Customer. Scancare Included Service Depamental Produaion ScanCare Plus Depaltmental (M3093,M3096, M3097, (M3099, “99, (M3093,M3096, M3097, (M3099. M4099, M4097, FI-4640, SP93GX, FI-4990) M4097, E-4640. SP93GX. FI-4990) Production FL4340C, E-4750) Omsite Brd-fix repair Number of Consumable kits Kit Contents 1 Preventative Maintenance Visits not required 1 Inspection and Profile 2 3 2 Figure 1, Covered Senice 1 1 nut required 1 Operator Training 1 1 On-site Break-fur repair - Each Scancare ntaintenance program indudes on-sile break-fur repair of Customer scanner for one year. Services covered and not covered by on-rite break-fvl repair are described in the “No Excuses Warranty Guide for Fujitsu S-ners” Products wmanty as deraibed in the “No Excuses Warranty Guide for Fujitsu Scanncr. Excluded Services ~ The senices prmided under ScanCare are in addition to the Ploduct u,manty and are not intended to replace Customer’s Activation Card. Term ~ The tm of this sewice offering shall be one year from the date of purchase and is not activated until receipt by Fujitsu of Customer’s 1 Year 1 Year E-434OC. E-4750) 1 Ycar 1 Year 5 1 6 (see reference guide) 2 (see reference guide) Renewal ~ Customer may wish fa extend the warranty period for their scanner Products by purchasing the SLanCare Plus senice option for the second and mnsecutive years of Product usage. Should Customer discontinue service for any period of time in which suggested maintenance maintenance level. services were not performed Fujitsu may evaluate the Product to determine if additional charges a~e required to restore the Product to cmcnt Warranty - Fu.jitsu warrants that all services will be performed in a professional workmanlike manner LIMITATION OF LIABILITY - IN NO EVENT SHALL FUJITSU BE LIABLE FOR ANY SPECIAL. CONSEOUENTL4L. INDIRECT OR INCIDENTAL D.WAGES, WCLCDWC BUT NOT LiMITED OT LOSS OF USE, LOSS OF D.4TA OR LOSS’OF PROmS EVENIS SO ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Arlivaticm ~ ‘To activate this service, please complete thc cnulosed Scancare Activation Card and rem it to Fuji1.m in the envelope provided or by one-year period by purchasing ScanCare Plus. Fm details call Fujitsu or mntact your local reseller, fax along with a mpy of your proof of purchase. .4t the end of this maintenance period you can extend the manufacturer’s warranty for an edditiunal FAX TRANSMISSION DATE: April 19,2002 TO: Bernard Lhermine FUJITSU WARRANTY INFORMATION SERVICE FAX: (408) 456-7555 FROM: Karen Kundtz, Assistant City Clerk CITY OF CARLSBAD Phone: (760) 434-2917 FAX: (760) 720-6917 RE: RENEWAL MAINTENANCE FOR SMALL DOCUMENT SCANNERS - QUOTATION #Q005870 Here is the signed Service Contract Quotation for Scancare Plus Next Day service for two (2) of the City of Carlsbad's Fujitsu small document scanners. They are: Model #- Scan Partner 93 GX, - Serial #'s 11336 and 11342. Please have an invoice sent to me for payment of the $2,790.00. Thank you, 03/20/02. 10:3g AH PST FCPA Technical Assistance Center Paqe 1 of 5 ~12005g I Fujitsu Computer Products Of America To: Karen Kundtz Company: City of Carlsbad Fax: 760-720-6917 From: FCPA Customer Service Subject: Renewal Service Contract Quotation Memo: The attached quotation covers the annual renewal of the existing service contract for your Fujitsu equipment. Date: 03120102 Time: 09:20 AM PST Pages Sent: 5 03120102 10:39 AW PST FCPA Technical Assistance center Page 2 of 5 8120059 o FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. 1741 Jundion Avenue, San Jose, CAQ5112-1010 FU~TSU Dear Valued Customer, Our records indicate that the attached service agreements for your Fujitsu equipment will soon expire. To insure uninterrupted service coverage for another year, please review, sign and fax the price quotation form back to me. Be sure to include your payment method and purchase order number if applicable. If you have additional Fujitsu equipment which you would like to add to the quote, please forward the information to my attention and I will be happy to provide you with an amended quote. If you have any questions regarding your service coverage, please contact the sales representative specified. It has been our pleasure to provide you with service support. We look forward to your continued business. Sincerely, Service Contract Sales Representative 03/20/02. 10:39 AU PST FCPA Technical Assistance Center Paqe 3 of 5 *120059 u FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. 1741 JundionAvenue, San Jose, CA95112-1010 FUJITSU &' FCPA SERVICE CONTRACT PUDTATIDN Date of Quote: 03/20/02 Quotation #: 0005870 Bill-to Contact Location Contact Site# 111813 Karen Kundtz City of Carlsbad 1200 Carlsbad Village Or Site# 111813 Karen Kundtz City of Carlsbad 1200 Carlsbad Village Or Carlsbad, CA 92008 Carlsbad, CA 92008 Phn: 760-434-2917, FAX: 760-720-6917 Phn: 760-434-2917, FAX: 760-720-6917 Terms (please check one): Payment Type (circle one): Check / PO I VISA / Mastercard / AmEx Check/PO/Account Number: 0 Expiration Date: Invoices MUST be paid within terms to avoid interruption in service. Model Serial No Start Date End Date Service Type Resp. Time Unit Price SP93GX 11336 SP93GX 11342 05/25/02 05/24/03 ScanCare Plus Next Day 05/25/02 05/24/03 ScanCare Plus Next Day 1395. 00000 1395. 00000 """" """"_ """"" """"_ """"""_ """""_ """"" 2790. Applicable tax will be added to the total cost unless tax identification number is provided: Comments Customer ACC d&=- Make Purchase Orders or checks payable to Attn: Kathy McCloud, Fax signed quotation and copy of purchase order or check to: SupplyNet Inc, 614 Corporate Way, Valley Cottage, NY 10989 Bernard Lhermine, Phone: 408-456-7582. FAX: 408-456-7555 ,ORIGINAL 03/20/02. 10:3g AU PST FCPA Technical Assistance Center Paqe ~t of 5 t12005g o FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. 1741 Junction Avenue, San Jose, CA 95112-1010 FUfTSU SERVICE TERMS &CONDITIONS 1. SERVICE Customer shall be entitled to purchase service on FCPA'n products, ("Equipmml') as described in the attached eervice description ('Services') Service hours shall be fran 7:OO a.m to 5:OO p.m. daily. Monday through Friday, except legal holidays, which are New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day: and Christmas Day. Service may be provided by FCPA or its authorized service provider ("Service ProvideT). 2. EXCLUDED SERVICE Mahtenance Service provided under this Agreement does nd include the furnishhg of supplies or accessories for the Equipment unless specified in the service dsscrption, or repair of damage resulting from any cause oiher than ordinary use, or causes by operation of the Equipment with "on-FCPA equipment or supplies. With respect to excluded Service, FCPA will submit a description of the parts or services necessary to restore the Equipment to prcper operating condition and the estimated charges based of FCPA's time and material rates then in effect. If FCPA is nd granted permission to perform such repairs at Customer's expense. FCPA rnay terminate all Its obligations underthk Agreement with respsct to such Equipment. 3. TERM Mahtenance Servics will begin on the Effsctive Date and will remain in effect for an hitia period d one (1) year (7erm7. Thereatler, Malntenance Service may be renewed fa one (1) year periods ('Renewal Period") or until terminated earlier as provided elsewhere herein. 4. PAYMENT AND PRICECHANGES Customer shall pay maintenance Swim charges, Including all applicable federal, State and local taxes but excluding taxes based on FCPA's net income, on an annual basis prior to the cmmencement d Service. Annual Servicefees for Renewal Periods ate subject to change upon forty-five (45) days' prior written notice, except that FCPA may adjust the charges for the then current Service period if Equsment specificatlons, attachments. or features change durhg such period. 5. EQUIPMENTADDITION the Equipment must be currently supported by FCPA and in good wwkng condition. All Equipment added after the Effective Date shall assume the Customer may add Equipment eiigiblefa support, at any time. upon giving FCPA thirty (33) days priorwritten notice. In order to be eligible for Service, unexpired portion ofthethen current annual Service period. 6. UMlTATlON OF LIABILITY Customer agrees that FCPA and Service Provider will only be liable for personal injury or damage to real propefly or tangible personal property to the extent caused by FCPAs or Service Provider's negligence. The amount of claim for any dher actual loss or damage is limited to $50.000. In all cases any claim must be brought withh twelve (12) mmhs atler the occurrence of the alleged act or mlssion giving rise to damages. 7. WARRANTY FCPA warrants that Sewice will be perfwmed in a professional and workmanlike manner. 8. TERMINATION Either party may termbate the Agreement without cause at any time upon sixty (60) days prior written ndice lo the mer party. Should FCPA terminate the Agreement without cause, FCPA shall refund to Customer any prepaid but unused Service charges on a pro rata basis. Either party may terminate this Agreement upon written ndice to the dher party (i) for failure of the other party to comply with any material term or condnion d this Agreement and such failure is not remedied within thirty (30) days after receipt of written notice d such failure by the other party, (il) if the other party makes an proceeding. FCPA may terminate this Agreement if Customer is in default d this or any other agreement with FCPA. assignment for the benetit of credaon, becomes unable to make payments due, w becanas the subject of any bankruptcy, recelvsrship, or similar Customer shall nd use FCPA as a U.S. government contractor or subcontractor, nof shall any Federal Acquisition Regulations rFARs") be applicable 9. GOVERNMEM to this Agreement without FCPA's express prior written consent. If Custaner breaches the foregoing obligation. Customer shall indemnify and hold FCPA harmless from any and all fees, costs, expenses and lost prdits that resun therdrom. 10. GENERAL FCPA will not be responnsble forfailure to provide Service due to strikes or causes beyond FCPA's reasonable cmtrol FCPA rnay assign this Agreement and its rights under this Agreement to any its parent or an dfiliate. Customer may not assign this Agreement without FCPA's pdofwrilten consmt. Any nottice or communlcatims between the parties shall be in writing and personally delivered or fowarded by first class mail, pstage prepaid, to the parties' respective addresses shown in this Agrement. Notices shall be deemed given at the earlier of (i) their actual receipt or (io five (5) days after the dated mailing. This Agreement may not be amended and no provision of this Agreement shall be considered modfled by sithsr party unless the amendment or modlication is made in writing and signed by boih panies. This Agreement and its attachments shall be governed by the law8 d the State of California, with excIusIon d its Cmflicts of law provisions, and terms and Conditions of any Order or other dccument submitted by Customer. Any preprinted terms and conditions as contalned In any Customer constitute the entire agreement with respect to Service. Theterms and cmditions d thk Agrement shall apply, nOtwlthstanding any differences in the purchwe order shall be dsletsd and be void and of no effect. the judgment therein shall include a reasonable sum to be paid io the prevailing party for and on account of attorneys' fees and costs incurred in such In the event that litigation is instituted between the parties in connection with any controversy or dispute arlsing frm, under or related to this Agreement, litigation. including those incurred on appeal. other provision, and shall be dmed replaced by a provision whbh comes closest in language and Intent without being invalid or illegai. Failure to If any provsion herein is held invald or illegal by any court d competent jurkdiction, the Same shall be deemed severable. shall in no way afied any enforce any provision shall not be construed to be a waiver of such provkion or any other provision. 03/20/0< 10:39 AH PST FCPA Technical Assistance Center Paqe 5 of 5 ~120059 B FUfTSU ScanCare Service Description ScanCare is an amud scheduled preventative maintenance program designed to provide Customer with the consumabbs necessary to meet the Recommendedroutine maintenance services which Customer is responsible for as outlined inthe Operator’s Guide forthc Fgiitsu scanners (the “Product”). Under this service offerina. Customer may receive the followinp senices and hits. Please refer lo Fieme 1. Covered Senices far s~e~ific senices covered for each W. rn 11 0 site to inspect Customer scanner and to prepare a scanner maintenance profile form. Thme profile establishes the recommended consumable replacement and preventative maintenance schedule, Operator Trainine ~ Upon receipt of the Activation card by Fujitsu, a FASP will come on-site to provide Customer with training on proper way to perform mutine maintenance, including time saving tips. Service will be performed during business horn at a time mutually agreed upon between FASP and Customer. kits depends on scanner model. Cmmables Kits ~ Each Scan Care maintenance program includes automatic delivery of consumable ht(s) to the end-user site. The number of Note: The Consumable kits provided Customer during the maintenance period contain quantities of parts required for cleaning and maintenance care of the Product based on normal use. Should Customer requrc additional consumables, Customer may purchase these parts by contacting a local Fujitsu reseller. Preventative Mainlenance Calls ~ On~site hexntativc maintenance will be performed by a FASP. Preventative maintenance includes cleaning of the wit and replacement of consumable parts (M3UYY only). Service will be pmvided during normal busmess hours at a time to be mutually agreed upon between the FASP and Customer. -Upon receipt of the Activation Card by Fujitsu, a Fujitsu Authurizcd Service Provider (“FASP”) will come on- Included Service Number of Consumable kits Kit Contents PreventativeMaintcnance Visits Inspection and Profile Scancare Departmental (M3093,M30%, M3097. M4097) 1 Year 1 scancare Plus Produdon Departmental Production (M3099 1 Year M3097, M4097) M409Y) M4099) (M3093,M30%, (M3099 5 1 Year 1 Year 5 1 (see reference guide) (see reference guide) 2 2 not required 1 2 3 1 1 Operator Training not required 1 Figure 1, Covered Service I 1 1 I On-site Break-fu repair - Each Scancare maintenme program indudes on-site break-fu repair of Customer wanner for one year. Services covered and no( covered by on-site break.fvr repair are described in the “No Excuses Warranty Guide for Fujitsu Scanners” Excluded Services - The services provided under Scancart are in addition to the Product warranty and are not intended to replace Customer’s Products warranty as described in the “No Excuses Warranty Guide for Fujitsu Scanner. Term - The term of this service offering shall be one year from the date of purchase and is not activated until receip by Fujitsu of Customer’s Activationcard Renewal ~ Customer may wish to extend the warranty period for their scanner Products by purchasing the ScanCare Plus service option for the second and mnsecutivc years of Product usage. Should Customer &continue service for any period oftime in which suggested maintenance services were not performed Fujitsu may evaluate the Product to determine if additional charges are required to IeStore the Product to ament maintenance level Warranty - Fujitsu warrantS thar all services will be performed in a professional workmanlike manner. LIMITATION OF LIABILITY ~ IN NO EVENT SHALL FUJITSU BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED OT LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS EVEN IS SO ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Activation ~ To activate this service, please complete the enclosed ScanCare Activation Card and rem it to Fujitm in thc envelope provided or by fan along with a wpy of your proof of purchaac. .4t thc cnd of this maintcnancc ycriod you can cntcnd the manufactllrcr’s wmanty fa m additional one-yeear period by purchasing Scancare PILS Fa details call Fujitsu or wntacf you local rcseller, City of Carlsbad DATE: November 26,200l TO: Marylou Badillo FUJITSU WARRANTY INFORMATION SERVICE FAX: (408) 456-7555 PHONE: (408) 456-758 1 FROM: Karen Kundtz, Assistant City Clerk CITY OF CARLSBAD Phone: (760) 434-29 17 FAX: (760) 720-69 17 RE: RENEWAL/UPGRADE OF MAINTENANCE FOR SMALL DOCUMENT SCANNERS - QUOTATION #Q004651 Here is the signed Service Contract Quotation for Scancare Plus Next Day service for three (3) of the City of Carlsbad’s Fujitsu small document scanners, and Next Day Advance Exchange for one (1) color scanner. Model #‘s : Scan Partner SP 93 GX, - Serial #‘s 12605,12632, and 13573 Color Scanner SP62OC - Serial # 0070278-S These scanners were purchased last year through a vendor, Third Wave Corporation, and we would like to purchase maintenance service directly from Fujitsu. Please have an invoice sent to me for payment of the $4,580.00. Thank you, &&Tz, CMC Assistant City Clerk ORIGINAL 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @ NOW13-2001 09:44 FCPFl ORDER FIDMIN. 2 P. 01/02 F$!iSU FAX To: jt ‘!nct’i-z Company: Phone: Far: ~~@-yyj&- (&/7 Number of pages including cover sheet: From: Marylou Badillo Fujitsu Computer Products of America Phone: 408-456-7581 Fax: Email: 408-456-7555 Mbadillo@fcpa.fujitsu.com REMARK% I-J Urgent H For your review q Reply ASAP m Please comment NW-13-2001 09:45 . FCPFl ORDER ADMIN. 2 P .02/02 . 8 1 FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. 1741 JundionAvenue,SanJose,CA95112-1010 FUfTSU FCPA SERVICE CONTRACT QUOTATION Date of Quote: 11/13/01 Quotation #: QOO~l351 Bill-to Contact Locatlon Contact _1-----___---11-----___________________I------------------------------------- Site* 112960 Sites 112960 Karen Kundtz Karen Kundtz City of Carlsbad City of Carlsbad 1635 Faraday Avenue 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad, CA 92008 Phn: 760-434-2917, FAX: 760-720-6917 Phn: 760-434-2917, FAX: 760-720-6917 Terms (please check one): Payment Type (circle one): Check/PO/Account Number: Expiration Date: PO / VISA 7 Mastercard 7 AmEx Invoices MUST be paid within terms ta avoid interruption in service. Model Serial No Start Date End Date Service Type Resp. Time Unit Price -----L-- _________ __-------- --------- -----------a- -w-v------- ----I----- SP62OC 0070278-S 12/01/01 11/30/02 Adv Exe Next Day 395.000000 SP93GX 12605 12/01/01 11/30/02 ScanCare Plus Next Day 1395.00000 SP93GX 12632 12/01/01 11/30/02 ScanCare Plus Next Day 1395.00000 SP93GX 13573 12/01/01 11/30/02 ScanCare Plus Next Day 1395.00000 ------_--- 4580. Applicable tax will be added to the total cost UnlI3Ss tax identification number is provided: This quotat is valid For thirty days. To obtai Y maintenance: R view and sign the above quotation, Make Purchase Orders or checks payable to Attn: Kathy McCLoud, SupplyNet Inc, 614 CorpOruts Way, Valley Cottage, NY 10969 Fax signed quotation and copy of purchase order or check to: Marylou Badillo, Phone: 408-456-7581, FFIX: 408-456-7555 ORIGINAL , TOTFlL P. 02 NO’J:EI5-2001 10:46 .’ FCPFI ORDER FIDMIN. 2 P. 02/05 FUfTSU - FUJITSU COMPUTER f+QDUCTS OF &~ER.ICA SCAW.XRESERVICEDESCRIl'TION ScanCarc; is an annual scheduled preventative maintenance program designed to provide Customer with the consumables necessary to meet the Recommended routine maintenance services which Customer is rcsponsiblc for as outlined in the Operator’s Guide .for the Fujitsu scanners (the “Prodtict”). Under this service 0fferin.e. Customer may receive the followinp serv~cces and kitx. Hem-e refb to Figure 1. Covered Services for zwecific setvices covered for each oroducr. Equipment Inspection % Frotile - Upon receipt of the Activation Card by Fujitsu, a Fujitsu Authorized Service Provider (“FASP”) will come on- site to inspect Customer scannr;r and to prepYe a scanner maintenance profile form. The profile establishes the recommcndcd consumable replacement and preventative maintcnancc schedule. ODerntor Trainiw - Upon rccaipt of the Activation card by Fujirxu, a FASP will come on-site to provide Customer with training on proper way to perform routine maintcnancc. including time saving rips. .%-vice will be prrforrncd during business hours at a dmc mutually agreed upon between FASP and Customer. Consumables Kits -Each Scan CYC maintenance program includes automatic delivery of consumable kit(s) to the end-user site. The number of kits depends on scanner model. iUure: The Consumabfc kits provided Customer during tic mnintenancc period con&in quantities of parry rcquircd for darning and maintenance care of the Product based on nomx~l use. Should Customer mquire additional consumables, Customer may purchase thcsst parts by contacting a local Fujitsu rcscller. Preventative Maintenance Calls - On-site Preventative maintenance will be perFormed by a FASP. Prcvcntative maintenance includes cleaning of the unit and rcplaccmcnt of consumable parts (M3099 only). Service will be provided during normal business hours at a time to be mutually egrccd upon between the FASP and Customer. Included Service On-site BreaHix repair Number of Consumable Kirk Kit Contents Preventative Maintenance Visits Inspection and Profile Oper3tor Trdining I Figure I, Covered Set-&e Scancare Dcpmcntal ~3093sr,~3096,~3097,~4097 LYear sc8ncarc Plu3 Production Dcpmhnentai Pwduction 043099, M3093,hf3096.h43097,M4097 (M309Y. M4099) M409Y) lYCar 1 Year 1 Year 5 I 1 (see reference guide) (see rcfcrencc guide) 2 2 2 3 not required 1 1 1 not n&cd I I I On-site Break& repair - Each ScanCaru maintenance program includes os-site break-fix repair of Customer scanner for one year. Services covered and not covarad by on-site break-tix repair nre described in the “No Excuses Warranty Guide for Fujitsu Scanners- Excluded Scrviccs - ‘Ihe services provided u&r ScanCare are in addition to the Product warranty and EIZ no01 intended to rcplacc Cw.tomcrvr Produce warranty 85 dcscribcd in the ‘No Excuses Warranty Guide for Fujitsu Scanner. _ Term -The term of this service o&ring shall be one year corn the date of purchase and is not activated until receipt by Fujitsu of Customer’s Activation Card. Renewal - Customer may wish to extend the warranty period for their scanner Producrs by purchasing the ScanCarc Plus service option for the second and consecutive years of Product usage. Should Customer discontinue service fbr any period of time in which suggested maintenance services were not performed, Fujitsu may cvaluatc the Product to determine if additional charges are required to restore the Product to current maintebance level. Worrnnty -Fujitsu warrants that all serfices will be performed in a prufcssional workmdikc manner. LIMITATION OF iJABIL1-I-Y - M NO EVENT SHALL FUnTSU BE LIABLE FOR ANY SPECIAL, CONSEQUENTLAt. INDIRECT OK INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED Of LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS E’JFB IS SO ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Activation -To activate this service, pIeme complctc the enclosed ScanCare Activation Card and return it to Fujitsu in the envelope provided or by rax along wirh ;1 copy of your prooFof purchase. At the end of this maintenance period you can cxtcnd the mwufncturer’ NOUr05-2001 10:46 d' FCPQ ORDER FIDMIN. 2 P.04/05 I i Q =. 8 g m 5;. $2 2, Yg’ W...’ . . : 3. 2’ 3; + r. *i : - k 5 ‘i “; S( E- ml I !j; i ccii in -’ E .; 0’; 2 : 2’ ;; NOU;05-2001 10:47 _ ,A FCPQ ORDER ADMIN. 2 P. 05/05 SERVICE TERMS 9 CONDITIONS I. SERVICE Customer shall bc cntitlcd to purchase service on FCPA’s produot$, (‘Equipment”) as described in the attached scrvicc description (“Services**) Service hours shall be from 7; 00 a.m, to 5;OO p-m, daily, Monday through Frid;ly, except legal holidays. which arc New Year’s Duy; Memorial Day; Independence Day; Labor Day; l‘hnnksgiving Day: nnd Christmas Day. Service: may be provided by FCPA or it’s authorizcd service provider (“Scrviec Provider”). 2. EXCLUDED SERVICE Maimenancc Scrvicc provided under this Agrccmcnt does not include the furnishing of supplies or accessories for the Equipment unless sncciticd in the service description, or repair ofdama4t rcsolting from any cause olher than ordinary use, or causes by operation ofthc Eauiamant with non-F With respecl LO excluded Scrv~cc, FCPA will submit adescription ofthc pans or scrviccs ncccssnrv tn r~~torc the .__~ ._.. CPA~cquipmcnr or supplies. sslimabd charges bused of FCPA’s Lime and material rates then in cffcct. If FCPA is not’gr - --_-- I __.___ -.-!%$&~&t lo proper operatmg condition and the .antcd Dermis&n to perform such rep& at Customer’s cxocnsc. FCPA mar lbrminulc all its obligulions under this Agreement witll respect to such Eqoipmcnt. . 3. TERM Mninrcaancc Service will begin on the Effcctivc Dntc and will remain in &XL Cur an initial period of one (I) year (“Tcrrn”). Thorcaftcr, Mnintenancc Service rnny be rcncwcd for one (1) year periods (Rcncwal rcriod’.) or until &minuted earlier as provided clscwhcrc hcrcin. 4. YAYMENT AND PRICE CHANCES Customer shall pay mainrenalce Service charges. including all applicnhle federal, slate rn~d local taxes. but excluding taxes based on FCPA’s net income. 011 a~ annual basis prior Co the commcnccmcnt ofservice. Annuul Service fees for Re~~cwd Periods arc subJcct to change upon forty-five (45) days’ prior written notice. cxccpt that. FCPA may adjust Ihc charges for the then current Scrvicc perind if Equipment rpccifications, attAchmen& or ~fcaturcs change during such period. 5. EQUIPMENT ADDLTION Customer may add Equipment eljgible for support. at zany time, upon giving FCPA Uliny (30) days prior written notice. In order IO be diE:iblc forservice, tire Equipment must bc cwrcntly supported by FCPA and in.good working condition. All Equipment added nflcr the EtTeeclivc Date sh;rll ;Issurne the Uncxpircd portion ofthc then current annual SeTvice penod. 6. LIMI’I’A’I’ION OF LlABILJTY for personal injuty or damage to real propcm or tanrihlc ncrsonal orootrlv lo tie exrenr causeri hv any other actual loss or damage is limited LO 1 twelve (12) months after the occurrence of the allgcd act or omission giving rise to damages, fiso.ocloY In iI1 czies &y Clzl ml% bc&ll~l%th~n 7. WARRANTY FCPA warrants that Scrvicc will bc performed in n professional and workmanlike manner. FCPA’S OBLlCATlONS UNDER THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, WHE’I’HER STATUTORY. EXPRESS OR IMPLIED, AND FCPA SPECIF1CLAL.Y DISCLAIMS ALL WARRAN’IES, INCLUDING WITHOUT LlMlTA’I’ION, THE IMPLIED WWTIES OF MERCIIANTAl3ILlTY AND FITNESS FOR A PAR’I‘ICULAR PURPOSE. FCPA AND SERVICE PROVIDER WILL NOT BE LIABLB FOR INCIDENTAL, SPECIAL. INDIRECT OR CONSEQUENTIAL DAMAGES, THIRD PAR-l-Y CLAltiS, LOSS OF PROFIT5 OR DATA, OR LOSS OF 1JSE OR OTHER BENEFITS, ARISING OUT OF OR IN CONNECTION WITH THIS ,4GREEMWT ORTHE: SERVICE PERFORMf3-3 lJNl3EK THIS AGREEMENT REGARDLESS Ol=THE FORM OF ACTION, WHETHER IN CONTKAC’I OR TORT, EVEN I-F FCPA OR SERVLCE PKOVWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. TERMINATION Eitlicr parry may tcrminatc tbc A recmcnt without cause at any time upon sixty (60) duys prior written notice to the other party. without cuusc, FCPA shall Should FCPA terminate Ihe Agreement r&n % to Custamcr nny prepaid but unused Service charges on a pro rata basis. Either paity may Lcrminule This Agreement upon writin notice to the oiher parry (i) for failure ofthc other party lo comply with any material tirm or con&lion of lhis Agreement and such failure is not remedied wIthin thirty (30) days after rcccipt ofwritten notice of such tnilurc by the orhcr Perry, (il) ifthe other parly makes an Assignmerrt for the benefit of creditors. bccomcs unable to mnke puyments due. or bccomcs the subject of any bankruptcy, rcccivcrship, or similar pmcccding. FCPA may lzrlnina~e lItis AgreemerIt ifCluton\cr is in dcfnult.of,this: uy any o!her agrccmcntwith PCPA:. ,. . 9. COVEHNMENT Cusbmer shall not use FCPA us: a U.S. government contractor or subcontractor. nor shall anv Fcdcral Acauisition Reruk~tions (“FARs’? be aaolicablc to thi?i Agrccnwnt wifhout FCPh’s cxprcss prior written consent. If Cut a----- ~~~ . - ~- 2 -.rr &mcr brcrchcs the forcgomg obhgdon: Customer shall indcmni& and hold FCPA hartnlcss from any and all fees. costs. cxpcnses and lost profits that mult thcrcfrom. I Il. CENGKAL PCPA will not be responsible for failure to provide Service due to strikes or causes beyond FCPA’s retionable control FCPA may assign this Agrccmcnt and its rights under this hgtccmcnt to any its pruent or an afliliate. Customer may not assign this Agreement without FCPA’s prior wrincn consent. Any nolict: or communications between the partics shall he in wriliny and personally dclivcrcd or fotwarded by first class mail, postage prepaid, to the ptiics’ rcspectivc: addrcsscs shown in this Agrccmcnt. Notices shdl be deemed given at the earlier of (I) heir actual rcccipt or (ii) five (5) dnys &r lhe d& of mailing. This Agrcemenl mny no1 be ilmended and no provision ofthis Agrccmrnl shall be considcrcd modified by e&her party Wess tb smcndmcnt or modification is mudc in writing and sighed by both partics. This Agreement and it’s atlachmcnls shall be gorcrncd by the laws of the S~IC of California. with txclusion of irs conllic% of law provisions. nnd constitute the entire agreement with respect 1o &vice. The terms and conditions of lhis Agreement shall apply, notwithstnnding any diffcrcnccs in the terms and conditions of uny order or other documenr submitted by Customer. Any preprinted terms wd condition .as contained In any Customer purchase order shall be deleted nnd bc vuid and of no &zct. In the event Lhat litigulion is instituled between the panics in connection with wy cmitrovcrsy or dispute nrising for, under or r&cd to this Agrccmcnt, thcfud$mtnt therein shnll irlclude a rcasonabll: sum to bc paid to rhc prevailing party for aod on account of attorneys’ Ccer and costs incumcd in such litignnon, including those incwrcd on appcol In any provlrion herein is held invalid or illegal by any COUT[ of competentjurisdiction, the snmc shall he deemed severable, $all in no way aFfcct any other provision, and shall bc dccmcd rcplaccd by a provision which comes closest ill Iti~guagc and intent without being invalid or illegal. ta&~rc lo enforce any provrsion ahoil not be constnltcl to bc a waiver of such provision or my other provision. ITPA Service Terms 8: Cnnditronr TOTAL P. 05 City Records Management Department FAX TRANSMISSION DATE: June 12,200l TO: Bernard Lhermine FUJITSU WARRANTY INFORMATION SERVICE FAX: (408) 436-7066 FROM: Karen Kundtz, Assistant City Clerk CITY OF CARLSBAD Phone: (760) 434-29 17 FAX: (760) 720-6917 lXE: RENEWAL/UPGRADE OF MAINTENANCE FOR SMALL DOCUMENT SCANNERS - QUOTATION #Q003344 Here is the signed Service Contract Quotation for Scancare Plus Next Day service for two (2) of the City of Carlsbad’s Fujitsu small document scanners. They are: Model #- Scan Partner 93 GX, - Serial #‘s 11336 and 11342. These two scanners were purchased last year through a vendor, Third Wave Corporation, and we would like to purchase maintenance service directly from Fujitsu. Please have an invoice sent to me for payment of the $2,790.00. Thank you, TZ, CMC Assistant City Clerk 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 - (760) 434-2808 43 05/25/OJ. OS: 25 API PUT FCPA Technical Assistance Cf!fIter Page 1 of 5 *lo7755 I . . .” Fujitsu Computer Products Of America To: Karen Kundtz Company: City of Carlsbad Fax: 760-720-69 17 From: Subject: Memo: FCPA Customer Service New Service Contract Quotation Enclosed, please find the quotation for service coverage for your FCPA products. Date: 05/25/O 1 Time: 09:25 AM PDT Pages Sent: 5 05/25/01 09: 25 AH POT FCPA Technical Assistance renter Page 2 of 5 *lo7755 Ia . . .- FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. 1741 Junction Avenue, San Jose, CA Q5112-1010 FUfi’SU Dear Valued Customer, Thank you for expressing interest in purchasing a maintenance agreement from Fujitsu Computer Products of America. As you requested, I’ve attached a price quotation for a maintenance agreement on your Fujitsu equipment. To obtain a maintenance agreement, review and sign the attached price quotation and fax back to me. Be sure to include your payment method and purchase order number if applicable. If you have additional Fujitsu equipment which you would like to add to the quote, please forward the information to my attention and I will be happy to provide you with an amended quote. If you have any questions regarding your service coverage or this price quotation, please contact me. It is our pleasure to provide you with service support. Sincerely, Service Contract Sales Representative 05/25/01 q9: 25 AU PDT FCPA Technical Assistance Center Page 3 of 5 +107755 U ., FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. 1741 JunclionAvenue,SanJose,CAQ5112-1010 - A r Fupisu FCPA SERVICE CONTRACT RUDTATIDN Date of Quote: 05/25/01 auotation #: GOO33QQ Bill-to Contact Location Contact ___________----_____--------------------------------------------------------- Sites 111813 Site+ 111813 Karen Kundtz Karen Kundtz City of Carlsbad City of Carlsbad 1200 Carlsbad Village Dr 1200 Carlsbad Village Dr Carlsbad, CA 92008 Phn: 760-‘+3q-2917, FAX: 760-720-6917 Carlsbad, CA 92008 Phn: 760-434-2917, FAX: 760-720-6917 Terms (please check one): Payment Type (circle one) Check/PO/Account Number: Expiration Oate: PO / VISA / Mastercard / AmEx Invoices MUST be paid within terms to avoid interruption in service. Model Serial No Start Date End Oate Service Type Resp. Time Unit Price --______ __------- ----___--- --------- ------------- ----------- ---------- SP93GX 11336 05/25/01 05/29/02 ScanCare Plus Next Day 1395.00000 SP93GX 11342 05/25/01 05/24/02 ScanCare Plus Next Day 1395.00000 ___------_ 2790. Applicable tax will be added to the total cost unless tax identification number is provided: Comments id for thir Customer Act $ -// -b/ Date To obtain Make Purchase Orders or checks payable to Attn: Kathy McCloud, SupplyNet Inc, 619 Corporate Way, Valley Cottage, NY 10989 Fax signed quotation and copy of purchase order or check ta: Bernard Lhermine, Phone: 408-436-7012, FAX: 408-436-7066 ORIGINAL 05/25/01 q9: 25 AU PDT FCPA Technical Assistance Centf?r Page 4 of 5 #lo7755 El - FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. 1741JundionAvenue,SanJose,CAQ5112-1010 FUfTSU SERVICE TERMS & CONDITIONS 1. SERVICE Customer shall be entitled to purchase service on FCPA’s products, C’Equipment’) as described in the attached service description (‘Services’) Service hours shall be fran 7:00 a.m. to 5:00 pm daily, Monday through Friday, except legal holidays, which are New Year’s Day: Memorial Day: Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. Service may be provided by FCPA or its authorized service provider (“Service Provider”). 2. EXCLUDED SERVICE Maintenance Service provided under this Agreement does not include the fumishhg of supplies or accessories for the Equipment unless specified in the service descr@tion, or repair of damage resulting from any cause other than ordinary use, or causes by operation of the Equipment with non-FCPA equipment or supplies. With respect to excluded Service, FCPA will submit a description of the parts or services necessary to restore the Equipment to proper operating condition and the estimated charges based of FCPA’s time and material rates then in effect. If FCPA is not granted permission to perform such repairs at Customer’s expense, FCPA may terminate all its obligations under this Agreement with respect to such Equipment. 3. TERM Maintenance Service will begin on the Effective Date and will remain in effect for an bitial period of one (1) year (‘Term”). Thereafter, Maintenance Service may be renewed for one (1) year periods (“Renewal Period”) or until terminated earlier as provided elsewhere herein. 4. PAYMENT AND PRICE CHANGES Customer shall pay maintenance Service charges, including all applicable federal, state and local taxes, but excluding taxes based on FCPA’s net income, on an annual basis prior to the commencement of Service. Annual Service fees for Renewal Periods are subject to change upon forty-five (45) days’ prior written notice, except that FCPA may adjust the charges for the then current Service period if Equipment specifications, attachments, or features change durhg such period. 5. EQUIPMENT ADDITION Customer may add Equipment eligiblefor support, at any time, upon giving FCPA thirty (30) days prior written notice. In order to be eligible for Service, the Equipment must be currently supported by FCPA and in good working condition. All Equipment added after the Effective Date shall assume the unexpired portion of the then current annual Service period. 6. LIMITATION OF LIABILITY Customer agrees that FCPA and Service Provider will only be liable for personal injury or damage to real property or tangible personal property to the extent caused by FCPA’s or Service Provider’s negligence. The amount of claim for any other actual loss or damage is limited to $50,000. In all cases any claim must be brought within twelve (12) months after the occurrence of the alleged act or omission giving rise to damages. 7. WARRANTY FCPA warrants that Service will be performed in a professional and workmanlike manner. FCPA’S OBLIGATIONS UNDER THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, AND FCPA SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FCPA AND SERVICE PROVIDER WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, THIRD PARTY CLAIMS, LOSS OF PROFITS OR DATA, OR LOSS OF USE OR OTHER BENEFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE PERFORMED UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, EVEN IF FCPA OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. TERMINATION Either party may termhate the Agreement without cause at any time upon sixty (60) days prior written notice to the other party. Should FCPA terminate the Agreement without cause, FCPA shall refund to Customer any prepaid but unused Service charges on a pro rata basis. Either party may terminate this Agreement upon written notice to the other party (i) for failure of the other party to comply with any material term or ccndition of this Agreement and such failure is not remedied within thirty (30) days after receipt of written notice of such failure by the other party, (ii) if the other party makes an assignment for the benefit of creditors, becomes unable to make payments due, or becomes the subject of any bankruptcy, receivership, or similar proceeding. FCPA may terminate this Agreement if Customer is in default of this or any other agreement with FCPA. 9. GOVERNMENT Customer shall not use FCPA as a U.S. government contractor or subcontractor, nor shall any Federal Acquisition Regulations (“FARs”) be applicable to this Agreement without FCPA’s express prior written consent. If Customer breaches the foregoing obligation, Customer shall indemnify and hold FCPA harmless from any and all fees, costs, expenses and lost profits that result therefrom. 10. GENERAL FCPA will not be responsblefor failure to provide Service due to strikes or causes beyond FCPA’s reasonable control. FCPA may assign this Agreement and its rights under this Agreement to any its parent or an affiliate. Customer may not assign this Agreement without FCPA’s prior written consent. Any notice or communications between the parties shall be in writing and personally delivered or forwarded by first class mail, postage prepaid, to the parties’ respective addresses shown in this Agreement, Notices shall be deemed given at the earlier of (i) their actual receipt or (ii) five (5) days after the date of mailing. This Agreement may not be amended and no provision of this Agreement shall be considered modified by either party unless the amendment or modification is made in writing and signed by both parties. This Agreement and its attachments shall be governed by the laws of the State of California, with exclusion of its conflicts of law provisions, and constitute the entire agreement with respect to Service. The terms and catditions of this Agreement shall apply, notwithstanding any differences in the terms and conditions of any order or other document submitted by Customer. Any preprinted terms and conditions as contained in any Customer purchase order shall be deleted and be void and of no effect. In the event that litigation is instituted between the parties in connection with any controversy or dispute arising tran, under or related to this Agreement, the judgment therein shall include a reasonable sum to be paid to the prevailing party for and on account of attorneys’ fees and costs incurred in such litigation, including those incurred on appeal. If any provision herein is held invalid or illegal by any court of competent jurisdiction, the same shall be deemed severable, shall in no way affect any other provision, and shall be deemed replaced by a provision which comes closest in language and intent without being invalid or illegal. Failure to enforce any provision shall not be construed to be a waiver of such provision or any other provision. F‘CPASavtc Tcrrms &CmSmns 7nm 05/25/01 09: 25 All PDT FCPA Technical Assistance Center Page 5 of 5 *lo7755 fl i -. FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 1741Jun~lionAvenue,SanJo~e,CA~5112-1010 SCANCARE SERVICE DESCRIPTION ScanCare is an annual scheduled preventative maintenance program designed to provide Customer with the consumables necessary to meet the recommended routine maintenance services which Customer is responsible for as outlined in the Operator’s Guide for the Fujitsu scanners (the “Product”). Under this service offerinn. Customer may receive the followinn senices and kits. Please refer to F&re 2. Covered Services. for specific set-vices covered for each oroduct. Eauiom - Upon receipt of the Activation Card by Fujitsu, a Fujitsu Authorized Service Provider (“FASP”) will come e t on-site to inspect Customer scanner and to prepare a scanner maintenance profile form. The profile establishes the recommended consumable replacement and preventative maintenance schedule. Operator Training - Upon receipt of the Activation Card by Fujitsu, a FASP will come on-site to provide Customer with training on proper way to perform routine maintenance, including time saving tips. Service will be performed during business hours at a time mutually agreed upon between FASP and Customer. Consumables Kits - Each ScanCare maintenance program includes automatic delivery of consuma ble kit(s) to the end-user site. The number of kits depends on scanner model. Note: The consumable kits provided Customer during the maintenance period contain quantities of parts required for cleaning and maintenance care of the Product based on normal use. Should Customer require additional consumables, Customer may purchase these parts by contacting a local Fujitsu reseller. Preventative Maintenance CaUs On-site Preventative maintenance will be performed by a FASP. Preventative maintenance includes cleaning of the unit and replacement of consumable parts (M3099 only). Service will be provided during normal business hours at a time to be mutually agreed upon between the FASP and Customer. I Included Sorvicoo On-oito Break-fix ropair Num bor of Consumable kit8 Kit Content6 Provontativo Maintonanoo Vioito Inapoction and Profilo Oporator Training Figure 1, Covered Ssrvkes ScanCars Dopartmon tal Produotion ‘3093.M3096.M3097 fM3OSSJ + Year 1 Yoar I 5 (ooo roforonoo guido) 2 2 not roquirod 1 not roquirod 1 ScanCar Plu8 Doprrtmontal Production 13093. #3096.M309 7 fbl3OSSJ 1 Year I Year I 6 (ooo roforonco guide) 2 3 1 1 1 1 On-site Break-fix repair - Each ScanCam maintenance program includes on-site break& repair of Customer scanner for one year. Services covered and not covered by on-site break-fii repair are described in the “No Excuses Warranty Guide for Fujitsu Scanners”. ExcZuded Services - The services provided under ScanCare are in addition to the Product warranty and are not intended to replace Customer’s Product warranty as described in the “No Excuses Warranty Guide for Fujitsu Scanners. Term - The term of this service offering shall be one year from the date of purchase and is not activated until receipt by Fujitsu of Customer’s Activation Card. Renewal - Customer may wish to extend the warranty period for their scanner Products by purchasing the ScanCare Plus service option for the second and consecutive years of Product usage. Should Customer discontinue service for any period of time in which suggested maintenance services were not performed, Fujitsu may evaluate the Product to determine if additional charges are required to restore the Product to a current maintenance level. Warranty - Fujitsu warrants that all services will be performed in a professional workmanlike manner. LIMITATION OF LIABILITY - IN NO EVENT SHALL FUJITSU BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS EVEN IS SO ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Activation - To activate this service, please complete the enclosed ScanCare Activation Card and return it to Fujitsu in the envelope provided or by fax along with a copy of your proof of purchase. At the end of this maintenance period you can extend the manufacturer’s warranty for an additional one-year period by purchasing ScanCare Plus. For details call Fujitsu or contact your local reseller. scancare Service Page 1 Revised 03/30/99