Effective Date: [02/01/2023]
1. DELIVERY: All merchandise purchased shall be shipped F.O.B. nearest CBS distribution center.
2. INSTRUCTIONS AND INSTALLATION: CBS shall, upon request, instruct Customer initially as to the use of all items purchased and described in the Purchase Order Form (hereinafter referred to as “Equipment”) and shall install the Equipment for the Customer. For providing such instructions and installation, Customer shall pay CBS the installation charge set forth on the Purchase Order Form.
3. MAINTENANCE: If requested by Customer, CBS shall enter into its equipment Maintenance Agreement with Customer pursuant to which CBS will service the Equipment.
4. NINETY DAY WARRANTY: NINETY (90) Day Warranty on Equipment to include all parts and labor. CBS warrants that from the date of installation, CBS shall, during normal working hours, without charge to Customer, keep the Equipment in good working order and make all necessary adjustments, repairs and parts replacements after receipt of customer request. Parts replaced shall be the property of CBS. Any service repairs or parts or replacement of any Equipment necessitated by loss or damage resulting from causes other than normal wear and tear to the Equipment are not covered by this warranty and shall be invoiced to Customer a CBS’ then prevailing rates.
The aforesaid warranty is in lieu of any warranties, expressed or implied, including any warranties of merchantability and fitness, it being understood that all such other warranties, including any warranties of merchantability and fitness, are hereby expressly excluded and disclaimed. The following consumables are excluded under this warranty: paper, developer, toner, fuser oils, PC Drum, ribbons, and disks. This warranty does not apply to configuration, re-installation of scanning software or drivers, IT support, phone support and network support for the Equipment. This warranty does not cover the cost to repair computer or network issues unrelated to machine functionality including, but not limited to, viruses and hard drive damage. CBS makes no warranties of merchantability, or fitness for use and takes no responsibility for data accuracy, function or deceptive nature of software, and system integration.
5. SECURITY: As security for payment of all amounts due and becoming due to CBS hereunder, Customer hereby grants to CBS a security interest in all Equipment which is the subject of this Agreement. Customer shall, upon request by CBS, execute and deliver to it, for filing such Uniform Commercial Code financing statements, as CBS shall request. This document shall constitute a security agreement. Pursuant to the security agreement contained herein, CBS, upon its election and in addition to all other remedies at law or in equity, may reposes the Equipment subject to this Agreement upon Customer’s failure to make any payment(s) when due.
6. LATE CHARGE: If payment is received later than thirty (30) days after the due date thereof, a late charge of 1 1/2 % of the overdue amount per month (18% PER ANNUM), but not more than permitted by applicable law, computed from due date CBS received payment, shall be paid by Customer to CBS upon demand by CBS. Customer agrees to pay CBS the total purchase price set forth on the Purchase Order Form for the Equipment purchased and all taxes (including without limitation, sales taxes) with respect to these items and all other charges set forth on the Purchase Order Form.
7. PREPAID IT SUPPORT: After the first 90 days from installation, Customer may purchase 3 hours of prepaid IT support time for the Equipment at a discounted rate of $400 for all 3 hours. This prepaid time block must be used within 12 months from purchase. Customer may purchase additional discounted time blocks annually. Any additional time beyond the time block will be billed at $195 per hour. If Customer chooses not to prepurchase prepaid time blocks, then all IT support will be billed at $195 per hour.
ENTIRE AGREEMENT: THIS PURCHASE AGREEMENT, the PURCHASE ORDER FORM, AND THE MASTER TERMS AND CONDITIONS [http://cbsofcolorado.com/master-terms-and-condtions/], CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE DESCRIBED EQUIPMENT IN THE PURCHASE ORDER FORM AND SUPERSEDES ANY PRIOR AGREEMENTS AND UNDERSTANDINGS INCLUDING, WITHOUT LIMITATION, ANY AGREEMENTS CONTAINED IN ANY PREVIOUS PURCHASE ORDER FORMS OF CUSTOMER WITH RESPECT TO SAID EQUIPMENT. NO REPRESENTATIONS HAVE BEEN MADE BY CBS TO CUSTOMER EXCEPT AS EXPRESSLY CONTAINED HEREIN. NOTWITHSTANDING THE FOREGOING, IF CUSTOMER ACCEPTS CBS’ MAINTENANCE AGREEMENT, SAID AGREEMENT SHALL BE BINDING UPON THE PARTIES IN ADDITION TO THE TERMS SET FORTH HEREIN. CBS may cancel this contract at any time and for any reason, at CBS’ sole discretion, with no further obligation to provide services hereunder. Cancellation of this contract by CBS does not discharge Customer’s obligations under any other sections of this contract.