Laserfiche WebLink
6,Pilayboa 9 - 47 '7 <br /> LEVEL 3 <br /> SERVICE AGREEMENT <br /> This Service Agreement ("Agreement") is made and executed by and between Replay Systems, Inc. ("Replay") and Indian <br /> River County, a Political subdivision of the State of Florida (hereinafter referred to as "Purchaser"). <br /> WHEREAS, Purchaser has purchased the equipment identified on the attached Appendix 2 (the "Equipment"), and desires a <br /> service contract in connection with same, and <br /> WHEREAS, Replay is in the business, among other things, of servicing items such as the Equipment, and <br /> WHEREAS, Purchaser is desirous of obtaining from Replay, and Replay is desirous of providing, a service contract for the <br /> Equipment, on the terms and conditions contained herein, <br /> NOW, THEREFORE, in exchange for the mutual promises, covenants, and consideration described herein, the parties hereto <br /> agree as follows : <br /> 1 . RECITALS <br /> The foregoing recitals are true and correct, and are incorporated herein by reference. <br /> 2 TERM <br /> The term of this ement (the "Term") shall be for a period of one ( 1 ) year commencing on 10/01/08 and terminating <br /> on 09/30/09, and shall automatically renew on the same terms and conditions, on an annual basis, for successive one ( 1 ) <br /> year terms unless either party notifies the other in writing of its intention not to renew at least thirty (30) days prior to <br /> the expiration of a Term. <br /> 3. SERVICE <br /> For the services described herein Purchaser shall pay Replay a service fee (the "Service Fee") of $8.306.00 per year <br /> (provided, however, that for each one ( 1 ) year Term after the first one ( 1 ) year Term hereof, the Service Fee shall be <br /> subject to a cost-of-living increase of no greater than five percent (5%) of the Service Fee for the immediately <br /> preceding one ( 1 ) year Term). <br /> Replay agrees to provide 24 hour telephone consultation, 365 days a year, for service questions regarding <br /> the <br /> Equipment. <br /> Replay agrees to provide to Purchaser local on-site service for repair of known or suspected failures of the Equipment <br /> during the Term, Monday through Friday, 8 : 00 a. m. through 5 :00 p.m. , local time, except for those holidays listed in <br /> Appendix 1 . Replay service technicians dispatched by the Replay service headquarters shall arrive at the Purchaser ' s <br /> place of business within one ( 1 ) business day from notification by the customer of a known or suspected failure of one <br /> or more pieces of the Equipment. <br /> Replacement parts for the Equipment, if needed as a result of normal wear and tear or a defect in the Equipment, will <br /> be furnished and installed by Replay service personnel at no extra charge. The parts replaced shall become the property <br /> of Replay. If parts must be replaced due to causes other than defects or normal wear and tear, Replay shall charge, and <br /> Purchaser shall pay, the price in effect at the time for such parts and all reasonable expenses associated with Replay ' s <br /> cost to replace said parts. <br /> Replacement parts (whether component parts, assemblies, subassemblies, or otherwise) may consist, in whole or in <br /> part, of new or refurbished items, at Replay' s option. <br /> In the event that a required part is not locally available and the failed part cannot be repaired by the local <br /> Replay <br /> service technician, parts will be shipped immediately by Replay or its supplier via 24-hour express service to arrive the <br /> next business morning (Monday through Friday), contingent on such notice being provided prior to 4 : 00 p. m. Eastern <br /> time. When notification is received after this time, the parts will be shipped no later than the following business <br /> morning. Replay shall deliver and install, at no additional cost, hardware and software Field Engineering Change <br /> Orders on the Equipment. <br /> ss/replay. serviceag. 10. 7 . 03 1 'Y <br /> Revised : 05/ 15/08 Replay Service Agreement <br /> Level 3 <br />