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Terms of Service

 

1. ACCEPTANCE OF TERMS Kramer & Leonard Inc. ("K&L") welcomes you. K&L provides its service to you (or "Customer") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.kramerleonard.com/tos.htm. In addition, when using particular K&L owned or operated services, you and K&L shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. Additional terms and conditions governing particular service options or programs may be set forth on a supplement provided by Kramer & Leonard, Inc. to Customer (“Supplement”). Customer’s submission of a purchase order or acceptance of service shall be deemed acceptance of these Terms and Conditions and those set forth on applicable Supplements to the exclusion of any additional or different terms or conditions on Customer’s purchase order, even if such order is expressly made conditional on Kramer & Leonard, Inc.’s assent to such additional or different terms.

2. FEES. Fees for service shall be as stated on our invoice and shall apply only to the products specified therein.

3. TERM. The effective date of the initial term of service coverage shall be as shown on the invoice to Customer. The Service agreement will commence upon the effective date as shown on the invoice and expire 1, or 12, months thereafter, as applicable. The Service agreement will be reviewed by Kramer & Leonard, Inc. at the end of the term and in the sole discretion of Kramer & Leonard, Inc. may be extended for another term or terminated at the end of the current term without notice. If you breach this Agreement, Kramer & Leonard, Inc., may discontinue service on this equipment.

4. INVOICES AND PAYMENT. Customer shall pay amounts invoiced within 30 days from the date of invoice. Kramer & Leonard, Inc. may withhold service if Customer fails to make any payment when due. Purchaser agrees to pay a service charge of one and one-half percent (1 ˝%) per month (an annual rate of eighteen percent (18%) on all delinquent invoices, as well as costs and expenses, including reasonable attorney’s fees, which seller incurs by reason of Customer’s default. Customer’s credit approval is required, at Kramer & Leonard, Inc.’s sole option and discretion, prior to the acceptance of any offers and shipment or delivery of any goods or merchandise. Once given, credit approval is subject to revocation by Kramer & Leonard, Inc. at any time without notice and in such event, Kramer & Leonard, Inc. may either require payment prior to delivery.

5. TAXES. Service fees are exclusive of all state/provincial and local sales, use, excise, privilege and similar taxes. Such taxes shall be paid by the Customer, unless a valid exemption certificate is furnished by Customer.

6. TRAINING. Kramer & Leonard, Inc. shall provide training at no charge at its discretion on a case by case basis to designated Customer's employees for new Equipment model use and specifications. We may provide training for facsimile Equipment to Customer while it is included in the cost of installation for copier Equipment, training of Customers' "Key Operator(s)" at the Customer site for each unit of Equipment to a maximum of two (2) training sessions for sixty (60) days from the date of Equipment installation. Additional training will be billed at Kramer & Leonard, Inc.'s standard rates at the time such training is requested.

7. CONFIDENTIALITY. Kramer & Leonard, Inc. recognizes that during the performance of service hereunder, Kramer & Leonard, Inc. may be exposed to information of a confidential nature relating to the business of Customer. Kramer & Leonard, Inc. agrees to hold such information in confidence for Customer to the same extent Kramer & Leonard, Inc. provides for its own information and not to disclose such information to any other party without the prior written consent of Customer.

8. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KRAMER & LEONARD, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF K&L HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO SERVICE. You may not assign any rights or obligations under this Agreement without Kramer & Leonard, Inc.’s prior written consent.

9. INDEMNITY. You agree to indemnify and hold Kramer & Leonard, Inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of another.

10. LINKS. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because K&L has no control over such sites and resources, you acknowledge and agree that K&L is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that K&L shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. LAWYER'S FEES. If litigation or collection is commenced to enforce any provision of this Agreement, Kramer & Leonard, Inc. shall be entitled to recover reasonable costs, including lawyer fees and collection costs.

12. REPLACEMENT PARTS. In the maintenance of any product, Kramer & Leonard, Inc. may use new, or equivalent to new, parts or assemblies for equal or improved quality. All defective parts and assemblies become the property of Kramer & Leonard, Inc. Kramer & Leonard, Inc., at its option, may request the return of these parts. If during the process of handling a service call, a call was made to Kramer & Leonard, Inc. that did not require service a $60.00 trip charge may apply.

13. COVERAGE ELIGIBILITY. Products that have been continuously covered by a Kramer & Leonard, Inc. Service Agreement are eligible for immediate coverage under this Agreement. Other products will be eligible for coverage only if they meet Kramer & Leonard, Inc.’s specifications. At Customer’s request, Kramer & Leonard, Inc. may bring the product up to specification at Kramer & Leonard, Inc.’s then current rates for parts, labor and travel so that the product will be eligible for coverage.

14. TELEPHONE SUPPORT AND REMOTE DIAGNOSTICS. To ensure that the product is repaired as quickly and efficiently as possible, Customer must first work cooperatively with Telephone Support to try to repair the product. If the product contains features that enable Kramer & Leonard, Inc. to diagnose and repair problems with the product remotely, Kramer & Leonard, Inc. may request that Customer allow such remote access to the product.

15. EXCLUSION OF CERTAIN PRODUCTS. Kramer & Leonard, Inc. Service Agreements do not cover paper, transparencies, forms, labels, or other items that would be placed in a drawer intended for the feeding of paper. In addition, depending on the Service Agreement ordered, the service agreement may not cover other products or services. The Kramer & Leonard, Inc. SV02 and CPC cover only labor, parts, and, consumables (excluding paper and staples). The SV01 contract covers parts, labor, and supplies excluding staples, toner, and paper as indicated on reverse. The SV03 contract only covers only parts and labor. The SV04 covers labor and parts only. The FX01 covers parts and labor. Definition of parts for this section shall be any part in the unit that is not a drum, developer, staples, toner, labor, or paper items as described above in section 17.1. The type of contract: SV01, SV02, SV03, SV04, or FX01 will be indicated on reverse. Parts are items including but not limited to gears, rollers, covers, fuses, and trays. Consumables are items such as toner, developer, and PM kits. Paper and staples are not included in any agreement unless specifically stated in writing on reverse.

16. COVERAGE FOR CUSTOMER REPLACEABLE PARTS. This Service Agreement does cover Customer Replaceable Units (CRU) for various products. The CRUs for each product are listed in the user manual for the product. When a CRU is determined by Kramer & Leonard, Inc. or its authorized service representative to be defective, a free replacement unit will be shipped to the Customer for replacement. The return process will be handled according to the current Kramer & Leonard, Inc. procedure. Failure to follow this procedure will result in the Customer being billed full list price for the CRU.

17. LIMITATIONS.
I. Kramer & Leonard, Inc. shall not be obligated under this Agreement to:
1. Repair damage resulting from attempts by personnel other than Kramer & Leonard, Inc. representative to install, repair or service the product unless directed by a Kramer & Leonard, Inc. representative;
2. Repair any damage, malfunction, or degradation of performance resulting from improper use or connection to incompatible equipment or memory;
3. Provide any application software support or service involving application hardware;
4. Repair any damage, malfunction, or degradation of performance caused by the use of non-Kramer & Leonard, Inc. supplied supplies or consumables, or Kramer & Leonard, Inc. supplies not specified for use with the particular product.
5. Perform user maintenance or cleaning or to repair damage, malfunction, or degradation of performance resulting from failure to perform user maintenance and cleaning as prescribed in published product materials.
6. Repair damage, malfunction, or degradation of performance resulting from use of the product in an environment not meeting the operating specifications set forth in the user manual;
7. Repair any accessories; or
8. Service any product after the limit of its duty cycle has been reached, if applicable.
9. Move or transfer of the product prior to the original installation.
10. Networking and/or computer support services including but not limited to driver installation, software installation, cabling, network and/or computer troubleshooting, network configuration, computer configuration, Microsoft operating system support, software support, router or firewall configuration or changes, or any other support that involves a computer workstation, server, or network device is not included in this agreement. Support for these services require a separate Network Service Agreement. Backup of data should be performed prior to connecting a network capable device onto the network. Neither Kramer Leonard, Inc. nor any of its affiliates, parent or sister company, directors, employees or other representatives shall be held liable for any incidental or consequential damage such as but not limited to loss of data, computer slowness, corrupted data, loss of information, loss of profits or revenues, business, loss of reputation or any economic loss in connection with the furnishing, performance, or use or inability to use Equipment.
II. Any service identified in the preceding section and provided by Kramer & Leonard, Inc. at Customer’s request shall be invoiced to Customer at Kramer & Leonard, Inc.’s then current rates for parts, labor and travel.

18. Enhancements or Upgrades. Software or firmware enhancements or upgrades are not provided under this Agreement, but may be purchased separately upon their release.

19. Software and Firmware Updates. Updates may be required to correct performance problems and will be provided under this Agreement where deemed applicable by Kramer & Leonard, Inc.

20. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

KRAMER & LEONARD, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH KRAMER & LEONARD's WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM K&L OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

21. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU

22. NOTICE. All notices shall be given in writing and shall be effective upon receipt. Notices to Customers shall be sent to the address shown in Customer’s order or last known address. It is understood that it is the Customer's responsibility to keep their account information current. Notice to Kramer & Leonard, Inc. shall be sent to: Kramer & Leonard, Inc., Attn: Machine Contract Support, 312 Roberts Rd, Chesterton, IN 46304.

23. Termination. Either party can terminate a monthly agreement such as but not limited to CPC or FX01 agreements. Either party can terminate an annual agreement such as but not limited to SV01, SV02, SV03, or SV04 agreements with thirty days notice from the contract anniversary date.

24. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Kramer & Leonard, Inc. and governs your use of the Service, superseding any prior agreements between you and K&L with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software. This Agreement may not be modified except by written amendment signed by an authorized representative of each party.

Choice of Law and Forum. The TOS and the relationship between you and Kramer & Leonard, Inc. shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and K&L agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Porter, Indiana.

Waiver and Severability of Terms. The failure of K&L to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.
 


Supplemental—For U.S. On-Site Service -- Terms and Conditions

These Terms and Conditions are supplemental to the general terms and conditions for Service Agreements and specifically describe the on-site service program for those products which are eligible. These are applicable to the following services: CPC On-Site Service and Annual On-Site Service

1. Remedial Service. In the event of product failure, Kramer & Leonard, Inc. will, at its option, repair the defective product by means of telephone support or on-site service with charges being applied dependent on the type of contract current in effect.
To obtain service under this Service Agreement, the Customer must first contact Kramer & Leonard, Inc. Telephone Support personnel. Telephone Support personnel will work to resolve issues professionally and quickly, however, the Customer must reasonably assist Kramer & Leonard, Inc. If telephone support is unsuccessful, Kramer & Leonard, Inc. will repair the product on-site anywhere within the normal service area with charges being applied dependent on the type of contract currently in effect for parts, labor or travel, or at its option, Kramer & Leonard, Inc. may provide a comparable replacement product. A trip charge of $60.00 may be incurred if a technician is called to a site where no service is necessary. In addition, a standard rate charge may be incurred if customer requests technician to handle events that are normal for customers to handle such as changing paper.

2. Relocation of Products. Relocation of products to a site other than the site specified initially by Customer may affect the availability of service and will relieve Kramer & Leonard, Inc. of its obligation to provide on-site service unless:
a) Customer notifies Kramer & Leonard, Inc. thirty (30) days prior to such relocation; b) Kramer & Leonard, Inc. confirms that the relocation does not affect the availability of service; and c) Customer agrees to pay any adjustment of charges which may result from the relocation. Upon request of Customer, Kramer & Leonard, Inc. will supervise product relocation, including de-installation, crating, uncrating and reinstallation, or perform other associated services at time and material rates.

3. Obligations of Customer. Customer shall permit Kramer & Leonard, Inc. access to the products whenever service is required. Customer shall ensure that the user cooperates with Kramer & Leonard, Inc. to the extent necessary to permit service to be performed efficiently and without interruption. Customer shall permit Kramer & Leonard, Inc. to use any Customer equipment or facilities that Kramer & Leonard, Inc. reasonably deems necessary for the performance of service. Customer shall ensure that the site meets the environmental specifications contained in the user manual supplied with the product to be serviced. If a product under service fails through operation in a site not meeting Kramer & Leonard, Inc.’ specification, Kramer & Leonard, Inc. may refuse to provide service until the site meets such specifications.

4. Obligations of Kramer & Leonard, Inc. Kramer & Leonard, Inc. reserves the right to determine the assignment of its employees in providing service hereunder.

5. Hours and Exclusions. Unless otherwise stated, Services will be provided during Kramer & Leonard, Inc.’s standard working hours from 8:00AM to 5:00PM CST Monday through Friday excluding holidays in areas within Kramer & Leonard, Inc.’s normal service areas open for repair service for the Equipment at issue. Services shall cover repairs and adjustments required as a result of normal wear and tear or defects in materials or workmanship (and shall exclude repairs or adjustments Kramer & Leonard, Inc. determines to relate to or be affected by the use of options, accessories, or other connected products not serviced by Kramer & Leonard, Inc. as well as any non-Kramer & Leonard, Inc. alterations, relocation, service, supplies, or consumables).

6. Scope of the Agreement: The provisions of this Agreement shall only apply to Equipment rented, leased or purchased by Customer from Kramer & Leonard, Inc. on or after the effective date of the Agreement. All Equipment rented, leased or purchased by Customer prior to the effective date of this Agreement shall be subject to the terms pursuant to which they were rented, leased or purchased by Customer. Customer also acknowledges leasing of Equipment is not handled by Kramer & Leonard, Inc. Leases and their instruments or arrangements are solely between Customer and Leasing organization.
 

     
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