| From | Message |
Jim
8/28/2010
15:16:08
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 Subject: Service Contracts
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I am a new indy after 32 years in the business.
Looking for a well worded copier service contract. (The company I worked for didn't really have a good one) I will be doing both yearly with a copy allowance and straight clicks.
Anyone who has one that I can use as a basis for mine, it would be appreciated.
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Tonerallover
9/07/2010
13:47:52
| RE: Service Contracts
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Why use one at all? I just give them an invoice for X amt of copies at X rate with a starting meter count, subsequents with previous and current meter counts. I've never had a problem with anyone about it and going to court is nearly useless anyway. With a simple invoice there is nothing to interpret.
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Yak
9/08/2010
16:26:35
|  RE: Service Contracts
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Message:
Here Jim
I see some folks have no .......
hope this helps at least a place to start
(YOUR NAME HERE) COPIER SALES
MONTHLY METER CLICK AGREEMENT
Service Contract #1 New Purchased Machine (This Is not a lease)
Equipment _ ______S/N Total cost per copy$.022
Accessories__________________ ____________ ____ 100% taxable
_____________________________ _ Beginning. Meter 000,010 Effective Wednesday, September 08, 2010
Expires 30 days after written cancellation Final months billing Average of prior 12 Months.
Billing address________ _______________ ____Location___________________________ ___ _______
Company __ ___ Company _ ________ _
Address ____________ _ Address _________________ ___
__________ ___________________ _
Phone_ ____________ Phone_ _
Fax__ __________________ ___ Fax _____________________________ _
Equipment Location:_ _____________________________ _______ _
Assigned Key Operator__ ___ __________ AR Contract ______________ ___
______________________________________________________________________________ ______
The above equipment will be maintained, subject to the terms and conditions described herein.
1. The machine purchased; WK #______. A Static Security deposit of the amount of $000.00, is required and subject to the terms of section #16 of this agreement. Deposit is waved if this contract is signed at the time the machine was delivered new.
2. Monthly Meter Click (minimum billing 1000 or more copies per month. Note you will be billed for at least the minimum or more regardless if you make less than the minimum). At the end of each billing cycle (based on the fiscal month), a representative will call to obtain the current meter reading. The difference of the current reading subtracted from the previous reading will show the total copies made during that period. An invoice will be written indicating the amount of copies times the prevailing rate of cost per copy, as stated above. (Cost per copy is subject to change with written notice.) This charge is only for copies already made, and will be charged regardless of appearance of copies. Charges are for supplies, parts, and labor already provided and consumed. STAPLES for the finisher are not covered by the meter click charge and will be a separate invoiced item.
3. Maintenance Service
“(your name here)” agrees to provide maintenance service availability Monday through Friday, from 8:00 AM to 5:00 PM, and keep the equipment in normal working order while operated in accordance with “(your name here)” specifications while the equipment is located within “(your name here)” area of responsibility. “(your name here)” shall have full and free access to the equipment to provide service thereon. Copier condition is subject to normal depreciation of condition with age and/or use. The maintenance provided is based on the specific performance standard needs of individual products as determined by “(your name here)”. These needs include preventive maintenance-handled at the discretion of an “(your name here)” Maintenance Technician-during a reported service call or at the discretion of an “(your name here)” Service Manager. On-call remedial maintenance will be provoked and will include adjustment lubrications and replacement of parts deemed necessary by “(your name here)”.
4. CANCELLATION Customer may give a 30 day submit, in writing at any time, (must be in written form) a request for cancellation of Meter Click Contract. Upon cancellation by either party, the copier covered under this contract is not promised or warranted to be in any specific conditions and not subject to any obligatory repairs. As well, the copier in question may be subject to the reconditioning clause (see item # 8) upon cancellation of this contract, the customer must pay a pro-rate cost of ALL unused supplies, shipped, delivered or installed in the copier within the previous nine (9) months. If amount due is greater than your original deposit amount, the balance will be due within 10 days.
5. PANAMAX or PSP brand surge protector or equal is REQUIRED. If customer does not purchase and keep a warranted documented surge protector installed on the copier, all electronic problems will be excluded from contract and repairs of the same billed at prevailing rates. The customer will be responsible paying for the uncovered repair and must recoup any cost from third party surge protectors from that company warrantee department.
6. KEY OPERATOR
Customer management is required to assign one individual to be the sole person to call in service calls, all other users must check with the assigned “key operator” if a problem occurs. The key operator must be the only person installing toner, removing jams and other operational functions other than basic copying usage.
7. A TRAVEL CHARGE based on $1.50 per mile of $00.00 will be charged each and every service call, on each machine without exclusion, including key operator training. (Subject to change if equipment location changes). Service calls cannot be bulked together to split travel charges. Shipping items, such as (toner) etc. will be charged in lieu of travel charge. Per mile charge subject to change without notice.
8. Equipment life expectancy: Manufactures may discontinue parts manufacture without notice, upon point parts are no longer available the machine is subject to replacement and the contract subject to automatic cancellation. (YOUR NAME HERE) COPIER SALES Reserves the option to replacement of the machine with an equal/suitable used machine of (your name here)’s choice for the customer’s application within the first 3 years after purchase of the machines from “(your name here)”. Replacement will only be in the event that the OEM Manufacture abandons the manufacturing of parts for the covered model. This is not an option subject to customer request for any reason. If the customer wishes a rebuild beyond the normal preventative maintenance, the “(your name here)” will submit an estimate or upgrade cost for customer approval and payment. This coverage only applies to machines on (your name here)s Service Contract continuous and kept paid current from the day the machine was purchased NEW.
9. Manufacture suggested replacement date: is (three years from purchase) for maximum reliability as per the current industry standards. (your name here) suggested replacement is (Five years from purchase). The maximum usable life is (Eight years from original purchase date “NEW” or until parts no longer made). These standards are a guideline, over use, under use or improper use may decrease the reliability of the machine and shorten the machine's life cycle. Adverse conditions will also accelerate the demise of the machine. Customer’s staff’s expectation may also deem replacement prematurely.
________________________________Date________/________/_______ _________________________
Customer Authorized Signature/Title Authorizing (YOUR NAME HERE) Signature/Title
Print (cust.) name\title_________________________________________________________________________
10. CHARGES Signing of this contract is a personal guarantee of payment. All service calls made on equipment not under maintenance contract shall be invoiced immediately at prevailing rates. These rates are subject to change upon 30 days’ without written notice. Customer agrees to pay as per “(your name here)” CREDIT POLICY; customer agrees to abide by all credit policies and applications.
11. Customer Special Payment procedures are the responsibility of the individual signing as an agent for the Company (customer). The individual signing must take full responsibility to insure all purchase orders, forms, or procedures are completed fully to satisfy requirements for payment. Subject to billing fee of $75.00 per hour if above normal time is required to correct customer’s failure to insure original billing was as needed. Customer agrees to pay any and all costs and fees including commissions incurred in the event legal or professional collection services are required to collect past due balances.
12. Exclusions Maintenance Service is contingent upon the proper use of all equipment and does not include:
a) Electrical work external to the equipment or maintenance of accessories, attachments or other devices not furnished by “(your name here)”;
b) Service caused by supply items that do not meet “(your name here)” specifications;
c) Repair, damage, cosmetic wear, appearance, minor noise or increase in service time resulting from:
(1) Accident, transportation, neglect, theft, fire or water damage, misuse or other non-ordinary use, customer demand;
(2) Failure of electrical power, air conditioning or humidity control; and (3) alterations which include but are not limited to, any changes in “(your name here)” design, installation or removal of “(your name here)” features, or any other modification, whenever any of the foregoing are performed by other than “(your name here)” representatives; d) Furnishing platens, or materials therefore; making specifications changes or performing services connected with relocation of equipment, and adding removing accessories, attachments or other devices; toner waste bottles unless worn out; e) Such service which is impractical for “(your name here)” representatives to render because of alterations in the equipment or their connection by mechanical or electrical means of another machine or device; f) Equipment located in an unsuitable place of installation or an unsafe or hazardous environment, as determined by “(your name here)” ; g) Normal operator functions as described in equipment manufacture operator’s manual; h) Problems relating to or caused by operation environment humidity which are not within “(your name here)” specifications. (Temp. 84f maximum to 51f minimum) when in use or not. I) Emergency rush request, in a manner of specific time or response beyond normal scheduling, that create difficulties for other customers, or cost beyond those incorporated in the contract rates charged. (Rush charge is 1-hour labor at prevailing rate in addition to all other amounts due). J) Pre-existing conditions, on equipment was originally purchased.
13. (YOUR NAME HERE) Property: software, test equipment, loaner machines and similar property used by “(your name here)” at the installation site (even if shipped the equipment) shall remain the exclusive property of “(your name here)” and shall be for the sole use of “(your name here)” and under the control of “(your name here)”. The customer agrees to pay full retail price if loner equipment is lost, stolen or is misused.
14. Third party Modifications; if persons other than “(your name here)” representatives perform maintenance, inspection, repair, or are consulted on the condition of the covered machine, is basis for immediate voiding any existing warranties or any rights to repair under this contract.
15. Engineering Changes Engineering Changes, determine solely (your name here) Management will determine applicability. Those provide at no charge from the OEM will be installed at no charge. Add on accessories requested by the customer will install time and material and not covered under this agreement. “(your name here)” is not responsible for poor design or engineering of this equipment.
16. Limitation of Liability; “(your name here)” liability to the customer for damages, form any cause what so ever, and regardless of the form of action, whether in contract or in tort, including negligence or any other form of action, shall be limited to the amount of deposit (see line 1). For the specific machines under this maintenance, agreement that caused the damages or that is the subject matter of or are directly related to the cause of action, such charges shall be those in effort for the specific machines when the cause of action arose. However, limited to declining prorate from commencement date. Other than as set forth above in this paragraph; “(your name here)” disclaims warranties with respect to the equipment (including without limitation warranties as to merchantability and fitness for a particular, either expressed or implied.). The above express warranty is in lieu of all obligations or liabilities on the part of “(your name here)” for damages, including by not limited to special, incidental or consequential damages arising out of or in connection with the use or performance of this equipment.
17. Toner Deliveries
Deliveries of toner are done as a courtesy to the customer. The schedule of deliveries is done as time permits and (your name here) has personnel available. The customer is responsible for calling when installing the last toner. The contents of one toner should last over 1 week and allow plenty of time for delivery. New machines will auto shut off if you run out of toner. In the event of the key operator failing to call and order toner prior to running out the customer may pick up toner at our location or pay a courier service for rush delivery. Service tech delivering toner will charge the prevailing rate ($75.00) if rush delivery is requested by the customer.
18. Connectivity and Network problem IS not covered on this contract.
Repair of machines is limited to the copier/printer/fax and stops at the cable connection including but not limited to phone/RJ45/RJ12 jacks, Parallel port, USB port, Apple Talk port, Serial ports and any NEW style connection that may be invented or introduced. As well external print servers are NOT covered and the Customer/End user must pay for a third party Computer Company. The end user is responsible for coordinating support from (your name here) Copiers with customers selected computer expert. Specialty software problems are NOT covered, successful Driver test and Microsoft Word or Works test will be considered a working printer. Additional software consulting is at $90.00 per hour rate. In the Event customer needs an outside wiring tech or computer tech and does not have one (your name here)’s will make arrangements for one at the customer’s expense. FAX MACHINE CANNOT be used on DSL lines or VOIP (voice over IP) and proper operation of fax on such lines is NOT covered by the contract and will be a chargeable call.
19. Energy Saving and Green Default Setting
All Manufacturers are required to have a built in government-mandated “energy save” mode. These are set to the default setting by the manufacturer for proper operation of the machine. If the setting(s) are changed to bypass the energy save mode (e.g. set to a longer period of time before energy save shut down goes into effect), parts and supply damage will occur. In the event the user changes, or an agent (such as I.T. person) on their behalf changes the settings, or user demands a setting change, a pro-rate charge will be levied on parts/supplies replaced premature to normal yield and life expectancy, including but not limited to Drums, Fuser, Toner, Developer units, paper path guides and power supply and main boards. These items are normally covered by the contract but customer choosing to change the energy settings modifies the coverage of parts/supplies under this contract.
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Jim
9/08/2010
17:30:40
| RE: Service Contracts
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Message:
Thanks for the sample, Yak
It seems to cover things quite well.
Tonerallover....it's nothing to do with court, it's about having things clear with the customer so you don't lose them and get a lot of bad feelings (and bad word of mouth) because of a misunderstanding.
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Keith
9/09/2010
05:51:41
| RE: Service Contracts
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Message:
Jim I Emailed you a copy of our contract. We base our contracts on annual volume not monthly and we bill quarterly or bi yearly. Only one time in 20 years I had to take a customer to court for not honoring his contract and we ended up with a judgement against them. If they go out of business there is no contract that will cover you.
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Tonerallover
9/25/2010
10:54:01
| RE: Service Contracts
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Message:
Whats there to understand? The customer wants the machine fixed, You have a price for doing it, a forced obligation is not always in your best interest
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rbcopytech
10/29/2010
18:22:19
|  RE: Service Contracts
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To: Tonerallower
What if a month after you give the Invoice contract the customer needs a $2000.00 fuser unit, but you only collected $400.00 for the contract?
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