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| Added
Convenience |
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| In addition to the printer's
original exchange warranty, we offer upgrades to on-site warranty
coverage. These upgrades start at date of printer purchase. |
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| With on-site warranty coverage, we will
either repair or replace products, at your facility, that prove
to be defective.This coverage also improves standard warranty
response times. Response times are next business day, Monday-Friday,
8:00 am-5:00 pm local time. |
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| Terms
and Conditions (USA)
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Canada |
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Konica Minolta Business Solutions U.S.A.,
Inc. ("Konica Minolta"). and Customer agree that maintenance
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 |
| On-Site Upgrades can be purchased
as long as previous warranty is still in effect. The warranty
can be extended up to a maximum of five (5) years from the date
of printer purchase. 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
On-Site Upgrades product within ten (10) days of purchase. |
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| Standard On-Site Services
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| Konica Minolta shall provide
labor and parts (with the exception of supplies and expendable
items) for items that are proven to be defective in materials
and/or workmanship. Services shall be available during the period
between 8:00 a.m. and 5:00 p.m. local time. 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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| 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. |
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| Term |
| The term of this On-Site
Upgrade shall be one (1) or up to four (4) years (depending
on the type upgrade purchased) from printer purchase date. During
its term, this agreement may only be canceled for non-performance
by either party.
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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
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| 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 On-Site
Upgrade. 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. |
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| Limitation of Liability
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| 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 On-Site
Upgrade. |
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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 the On-Site Upgrade or the Service
performed or to be performed may be brought by either party
more than two (2) years after the cause of the action has occurred
except that an action for non-payment may be brought within
two (2) years after the date of the last payment. |
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| Waiver |
| 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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| Entire Agreement
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| This On-Site Upgrade shall
be governed by the laws of the State of Alabama. This On-Site
Upgrade 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 On-Site Upgrade 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 On-Site
Upgrade without prior written consent of Konica Minolta, which
consent will not be unreasonably withheld. |
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| Quebec Customers
only: Please print and sign this in the area provided below.
Then, please return the signed copy with your printer registration.
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| --------------------------------------------------------------------- |
| TO BE COMPLETED BY QUEBEC
CUSTOMERS ONLY |
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| Customer has requested that this
form be drawn up in English. |
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| Le client a demandé que
ce document soit rédigé en anglais. |
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| Signature |
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| ______________________________________ |
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Konica Minolta
Service: 877-778-2687 |
Register
Online
