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| Ease
of Installation |
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| Our products are
designed to be user-installable; however, some customers prefer
manufacturer installation. |
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Our installation
plan covers travel time to the site, unpacking the product,
and setting up the hardware. Printer options can also be installed
at the same time at no additional charge. (Options
installed at a later date will result in an additional charge.)
Software and network configuration are not included. |
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| Note:
If the product being installed weighs 70 lbs or more, you
must provide a person at the installation site to help position
the product. Otherwise, you will be subject to additional labor
charges. |
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| Terms
and Conditions (USA) |
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| Installation |
| Konica
Minolta and Customer agree that equipment installation services
(Services) provided by Konica Minolta to Customer shall be performed
pursuant to the terms and conditions set forth below. |
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| Product
Eligibility |
| The
print system must be in good operating condition and should
not be modified in any way. Konica Minolta reserves the right
to inspect equipment prior to placing under an extended warranty.
If a unit has been tampered with or damaged, the customer will
be billed at current time and material rates to return the printer
to its original working condition. |
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| Registration
|
| The
customer must register the Installation agreement within ten
(10) days of purchase. |
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| Standard
On-Site Services |
| Installation
is available during the period between 8:00 A.M. and 5:00 P.M.
Monday through Friday, exclusive of national holidays. Service
performed outside of the standard coverage period at the request
of the customer shall be subject to current Konica Minolta charges
for labor and travel. |
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| Installation
Service |
| Konica Minolta will perform the following services when installation
is specified in this Product Installation: unpacking, assembling,
testing for conformance to operating specifications, performing
final adjustments, and operator familiarization training. |
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| Prices
|
| All
sales, property, excise, and other federal, state, and local
taxes (other than those based on Konica Minolta net income)
shall be paid by the Customer. All invoices are payable within
thirty (30) days of the date of the invoice. Past due amounts
may be subject to an interest charge of one and one-half percent
(1½%) per month, or the highest rate permitted by law.
Konica Minolta may suspend Service until any such past due amounts
have been paid. Konica Minolta reserves the right to adjust
the Service fees in the event the customer changes the equipment
or attaches additional features or attachments to the equipment
after the date of this Order. |
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| Parts
|
| Any
non-functioning parts that are replaced and provided by Konica Minolta shall become the property of Konica Minolta. Parts provided
by Konica Minolta in performance of Services may be new or refurbished
parts which are functionally equivalent to new parts and may
be from sources other than the original equipment manufacturer.
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| Site
Access/Preparation |
| Customer
agrees to permit prompt access to equipment consistent with
Customer's standard security requirements and to provide reasonable
assistance and facilities to expedite the performance of Service.
Customer shall, at Customer's expense, prepare and maintain
the installation site in accordance with the manufacturer's
published specifications. Konica Minolta agrees to provide Customer
with a copy of appropriate specifications upon request. Customer
assumes full responsibility to back-up or otherwise protect
its data against loss, damage or destruction before Services
are performed. |
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| Refurbishment/End
of Useful Life |
| If,
in Konica Minolta's reasonable opinion, any unit of equipment
requires factory refurbishing because normal repair and/or replacement
of parts cannot keep the unit in satisfactory operating condition,
Konica Minolta will submit a quotation for the required refurbishment
to the Customer. In the event the Customer declines to authorize
refurbishment, Konica Minolta may delete such item of equipment
from this Product Installation. Equipment which has reached
the limit of its useful life may require additional charges
for Services to continue for subsequent terms. Konica Minolta
will notify Customer sixty (60) days in advance of any such
charges. |
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| Additional
Charges |
| Services
which must be performed as a result of any of the following
conditions shall be subject to additional charges for labor,
travel and parts: equipment alterations not authorized in writing
by Konica Minolta; damage resulting from improper use; in transit
damage; accident, neglect, power surge, operating environment
or the use of supplies or accessories which are not in conformance
with the manufacturer's specifications; or any event including
normal use and wear. |
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| Exclusive
Warranty and Remedy |
Konica Minolta's exclusive warranty is that Service will be performed
in a workmanlike fashion and all parts provided by Konica Minolta
will be free of defects in materials and workmanship at the
time of installation. In the event that Konica Minolta breaches
this warranty, Konica Minolta's sole obligation and Customer's
exclusive remedy shall be to have Konica Minolta make all necessary
adjustments, repairs or replacement of parts which were defective
at the time of installation. There are no other express or implied
warranties concerning any Service, parts, supplies or expendable
items hereunder. Konica Minolta does not guarantee that the
operation of the equipment will be uninterrupted or error free.
Konica Minolta DISCLAIMS THE IMPLIED WARRANTIES OR MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE FORGOING SHALL BE
THE SOLE REMEDY OF THE CUSTOMER FOR BREACH OF WARRANTY.
details
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| Limitation
of Liability |
| IN
NO EVENT WILL KONICA MINOLTA BE LIABLE IN CONTRACT, TORT OR
OTHERWISE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS
NOR DAMAGE OR DESTRUCTION OF DATA EVEN IF Konica Minolta HAS
BEEN ADVISED OF SAME. Except as to personal injury, Konica Minolta's
maximum liability will be limited in any event to the higher
of actual damages incurred by the Customer which are caused
solely by the acts or omissions of Konica Minolta (subject to
a maximum of twelve (12) months duration) or $10,000. Customer
agrees to provide Konica Minolta with prompt written notification
regarding the specifics of any claim for damages and to provide
Konica Minolta with a reasonable opportunity to investigate.
NO LIMITATION OF DAMAGES FOR PERSONAL INJURY IS INTENDED. |
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| Notices
|
| All
notices shall be in writing and all notices and payments shall
be sent to the recipient at the respective address shown on
the face of this Product Installation. |
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| Force
Majeure |
| Neither
party shall be liable for any delay or failure to perform its
obligations due to any cause beyond its reasonable control.
|
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| Limitation
of Actions |
| No
action, regardless of form or basis arising out of transactions
related to these services performed, or to be performed, may
be brought within two (2) years after the date of the last payment.
|
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| Waiver
|
| Waiver
of either party's breach of this Product Installation shall
not constitute a waiver of any other breach. Konica Minolta
may elect to continue performance notwithstanding such breach
by Customer, but such continuance of Service shall not construe
a waiver of such breach nor otherwise limit Konica Minolta's
remedies. |
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| Entire
Agreement |
| This
Product Installation shall be governed by the laws of the State
of Alabama. This Product Installation constitutes the entire
agreement between the parties and may only be modified by a
written instrument executed by the Customer and an authorized
official of Konica Minolta. Any term or condition of an offer
set forth on any purchase order or other document submitted
by Customer which is inconsistent with any term or condition
of this Product Installation shall be of no force or effect.
Neither Customer nor Konica Minolta will be bound by any oral
agreement or representation irrespective of by whom or when
made. Customer may not reassign this Product Installation without
prior written consent of Konica Minolta, which consent will
not be unreasonably withheld. |
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Service: 877-778-2687 |
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| Konica
Minolta Business Solutions U.S.A. |
| Product
Installation |
| Keep
this for your records |
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