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Period thereof Generally, Routine Maintenance Services shall include cleaning, lubrication, diagnostic
<br /> check, and calibration services. The Routine Maintenance Services shall not include the repair or
<br /> replacement of any ES&S Equipment components that are consumed in the normal course of operating
<br /> the Equipment, including, but not limited to, printer ribbons, printer cartridges, paper rolls, batteries,
<br /> removable media storage devices, PCMCIA cards or marking devices. Customer may request that
<br /> Routine Maintenance Services be performed more than once during the Initial Term or any Renewal
<br /> Period Any such request shall be made at least sixty (60) days before the Routine Maintenance
<br /> Services are desired. The per-unit fee for such additional Routine Maintenance Services is set forth on
<br /> Schedule Al and shall be due within thirty (30) days after invoice date. At the request of Customer,
<br /> ES&S shall provide a reasonably detailed record of all Routine Maintenance Services performed with
<br /> respect to the Products ES&S will schedule the Routine Maintenance Services with Customer The
<br /> Routine Maintenance Services will be provided at Customer's Designated Location. Customer's
<br /> "Designated Location" shall mean Customer's owned or leased facility at which Customer desires
<br /> ES&S to perform the Hardware Maintenance Services.
<br /> b Repair Services.
<br /> i. Defects Under Normal Use and Service. If a defect or malfunction occurs in
<br /> any Product while it is under normal use and service, Customer shall promptly notify ES&S, and
<br /> ES&S shall use reasonable efforts to restore the item to Normal Working Condition as soon as
<br /> practicable The services provided by ES&S pursuant to this Subsection 1(b)(i) are referred to
<br /> herein as "Repair Services". ES&S will perform Repair Services in conjunction with a Routine
<br /> Maintenance Service event at the Customer's Designated Location.
<br /> ii. Defects Due to Customer Actions or Omissions. If a defect or malfunction
<br /> occurs in any Product as a result of (1) repairs, changes, modifications or alterations not
<br /> authorized or approved by ES&S, (2) accident, theft, vandalism, neglect, abuse or use that is not
<br /> in accordance with instructions or specifications furnished by ES&S or (3) causes beyond the
<br /> reasonable control of ES&S or Customer, including acts of God, fire, flooding, riots, acts of war,
<br /> terrorism or insurrection, labor disputes, transportation delays, governmental regulations, and
<br /> utility or communication interruptions, rodent infestation, or if Customer does not notify ES&S
<br /> within 72 hours after it knows of the defect or malfunction or is otherwise not in compliance with
<br /> its obligations hereunder, Customer shall pay ES&S for the Repair Services at ES&S' then-
<br /> current rates, as well as for the cost of all parts used in connection with such Repair Services
<br /> iii. Timing. The date(s) on which any Repair Services shall be provided shall be
<br /> mutually agreed upon by ES&S and Customer If Customer requires ES&S to provide
<br /> "emergency" Repair Services (which shall be defined as Repair Services that are provided by
<br /> ES&S within 48 hours after Customer notifies ES&S of the need therefore), and such emergency
<br /> Repair Services are not needed as a result of an action, error or omission by ES&S, Customer
<br /> shall pay a surcharge, as set forth on Schedule Al.
<br /> iv. Loaner Unit. At Customer's request and if such product is available, ES&S shall
<br /> use reasonable efforts to promptly make available to Customer a product that is the same as, or
<br /> substantially similar to, the Product for which Repair Services are being performed (a "Loaner
<br /> Unit"). If the Repair Services are being performed pursuant to Subsection 1(b)(ii) above,
<br /> Customer shall pay ES&S for the use of the Loaner Unit at ES&S' then-current rates including
<br /> the cost of shipping
<br /> C. Exclusions. ES&S has no obligation under this Agreement to (i) assume the
<br /> obligations under any existing or expired warranty for a Third Party Item; (ii) repair or replace Product
<br /> components that are consumed in the normal course of operating the Product, including, but not limited
<br /> to, printer ribbons, printer cartridges, paper rolls, batteries, removable media storage devices, PCMCIA
<br /> cards or marking devices, or(iii) repair any Product from which the serial number has been removed or
<br /> altered. In addition, ES&S may, at any time in its discretion, determine that any Product is no longer fit
<br /> for Hardware Maintenance Services because it is in such poor condition that it cannot practically be
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