01-09-2006 Council Packet - Laserfiche WebLink

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b. Routine Maintenance Services. An ES&S Representative shall provide such services as may be necessary to keep the Hardware in Normal Working Condition ('Routine Maintenance Services") once each 12 months during the Hardware Maintenance Term or any renewal thereof. Customer may request that Routine Maintenance Services be performed more than once during any such 12-month period. Any such request shall be made at least 60 days before the Routine Maintenance Services are desired. The per-unit fee for such additional Routine Maintenance Services is set forth on Attachment 1 and shall be due within 30 days after invoice date. Routine Maintenance Services shall include cleaning, lubrication and calibration services. At the request of Customer, ES&S shall provide a reasonably detailed record of all Routine Maintenance Services performed with respect to the Hardware. ES&S wili schedule the Routine Maintenance Services with Customer. The Routine Maintenance Services will be provided either at Customer's Designated Location or at an ES&S-designated depot facility ("Depot"), as elected by Customer on Attachment 1. Customer shall pay all costs associated with shipping Hardware to a Depot, including insurance. c. Remedial Maintenance Services. i. Defects Under Normal Use and Service. If a defect or malfunction occurs in any item of Hardware while it is under normal use and service, Customer shall promptly notify ES&S, and ES&S shall use reasonable efforts to restore the item to Normal Working Condition as soon as practicable. The services provided by ES&S pursuant to this Subsection 3{c)(i) are referred to herein as "Remedial Maintenance Services". ES&S shall provide the Remedial Maintenance Services at the designated locations on Exhibit 1. Customer is not responsible for costs associated with Remedial Services provided by ES&S pursuant to subsection 3(c)(i) unless they constitute Emergency Remedial Services pursuant to 3(c)(iii). ' , g;�e1�-�,�C S�c�,-�Tef--�-eI�F��e--�ave +ti�.,, „„��,� �+ �+� no��^u?�u-zv.n,}�^ e�+�er�4 s#�;;—be�,-�.:Qed a� G�s�emer's �esiQna�e��- Customer acknowledges that the Hardware identified on Attachment 1 as "depot repair only" may only be repaired at a Depot. ii. Defects Due to Customer Actions or Omissions. If a defect or malfunction occurs in any item of Hardware due to (1) repairs, changes, modifications or alterations to such Hardware which are not authorized or approved by ES&S, (2) accident, theft, vandalism, neglect, abuse or use which is not in accordance with instructions or specifications furnished by ES&S or (3) causes beyond the reasonable control of ES&S or Customer, inciuding natural disaster, fire, flood, unusually severe weather or Acts of God, or if Customer does not notify ES&S within 24 hours after it knows of the defect or malfunction or is otherwise not in compliance with its obligations hereunder, Customer shall pay ES&S for the Remedial Maintenance Services at ES&S' then-current rates, as well as for the cost of all parts used in connection with such Remediai Maintenance Services. iii. Timinq• The date(s) on which any Remedial Maintenance Services shall be provided shall be mutually agreed upon by ES&S and Customer. If Customer requires ES&S to provide "emergency" Remediai Maintenance Services (which shall be defined as Remedial Maintenance Services which are provided within 48 hours after Customer notifies ES&S of the need therefor), and such emergency Remedial Maintenance Services are not needed as a result of an action, error or omission by ES&S, Customer shall pay a surcharge, as set forth on Attachment 1. iv. Loaner Unit. At Customer's request, ES&S shall use reasonable efforts to promptly make Hardware available to Customer which is the same as, or substantiaily Page 2 of 5 2