CONDITIONS OF CONTRACT: It is agreed by the purchaser that this contract is not subject to cancellation or to any verbal agreement
<br />or condition not stipulated in writing on it, and that the title to the said goods shall not pass until the purchase price is paid in full, and said
<br />goods shall remain the property of the seller until that time. In case of default of payment, or in case of removal of said goods prior to full
<br />payment or any part thereof without the consent of seller or in the event that purchaser shall mortgage or part with the possession of said
<br />property, voluntarily or involuntarily, without the consent of the seller, the latter shall have the right to take immediate possession of same
<br />wherever it may be found and remove it with or without process of law, and may declare this agreement terminated and retain all money
<br />paid hereunder as liquidated damages and rental of said goods. Undersigned further agrees to pay a reasonable attorney's fee for the
<br />collection of the indebtedness herein agreed to be paid and as against said indebtedness and such attorney's fee undersigned waives all
<br />exemptions as to personal property under the Constitution and Laws of the State of Florida, or any other state.
<br />Initials:
<br />Terms & Conditions
<br />I. Maintenance: This agreement is cancelable with 30 -day written notice only. Customer agrees to pay all taxes to Atlantic Business Systems,
<br />including state and local sales or excise taxes based upon charges pursuant to the agreement.
<br />Atlantic Business Systems agrees to maintain the equipment in good working order, in accordance with its service policy, as amended from time to
<br />time. Service will include:
<br />A. Emergency repairs during Atlantic Business Systems normal working hours with a targeted service response time of four (4)
<br />hours or less.
<br />B. Preventative Maintenance during Atlantic Business Systems normal working hours with a targeted service response time of
<br />twelve (12) hours or less.
<br />C. Installation of engineering improvements, as set forth in technical bulletins published by Sharp Electronics.
<br />As a condition of this agreement, the customer agrees to provide:
<br />A. Equipment Key Operators for each shift of operation.
<br />B. AC outlets with appropriate voltage as specified by product manufacturer. Because many of the problems associated with
<br />systems failure are due to power functions, AC outlets should reside on dedicated circuits to prevent brownouts and damage to
<br />the internal components of the interface and multifunction device. All digital connected systems must be protected with
<br />approved surge protection and line conditioner on the dedicated circuits and network connections.
<br />Services not described herein (including, but not limited to, additional retrofits, services connected with relocation of equipment, or adding or
<br />removing accessories, attachments, or other devices, exterior painting or refinishing the unit, the performance or normal operator functions as
<br />described in Operation Manual(s) or repair of damage, or increase of in-service time resulting from operating neglect or use of unauthorized
<br />supplies) will be charged in accordance with Atlantic Business Systems time and material rate then in effect.
<br />Atlantic Business Systems shall not be responsible for failure to render service due to causes beyond its control, including but not limited to work
<br />stoppages, fires, civil disobedience, riots, rebellions, acts of natural disaster, and similar occurrences.
<br />Other than the obligation of Atlantic Business Systems, expressly set forth herein, Atlantic Business Systems disclaims all warranties, expressed or
<br />implied. Atlantic Business Systems shall not be responsible for direct, incidental, or consequential damages, including but not limited to damage
<br />arising from the use or performance of the equipment or the loss of the use of the equipment.
<br />II. Supplies Usage: Contract includes enough supplies to support your level of usage. Supply usage beyond the manufacturer's estimated yield may
<br />be chargeable.
<br />III. Payment Terms: All invoices are due upon receipt, unless otherwise agreed upon by both parties. Interest shall accrue on the amount which is due
<br />at the rate of 1.5% per month, or the highest rate allowed by law, whichever is less. Actual attorney's fees before suite is filed and for trial,
<br />arbitration, and any appeal will be charged to the purchaser if it is necessary to place this contract in the hands of an attorney for collection, and this
<br />charge becomes a part of this contract and obligation of the purchaser to pay.
<br />IV. Rate Increases: Maintenance rates to be locked in for term of lease.
<br />V. Venue Waiver Clause: The account debtor and all guarantees waive any and all rights to venue under Chapter 47, Florida Statutes, including any
<br />amendments thereto, and that any action brought to collect on the account may be brought in any court of competent jurisdiction in Brevard County,
<br />Florida.
<br />VI. Force Majeure: Atlantic Business Systems will not be liable for delay or default in delivery due to any cause beyond it's reasonable control, such
<br />as governmental action, strikes, or other labor troubles, fire, damage or destruction of goods, and acts of God.
<br />VIL Early Cancellation: Early cancellation of this contract may result in a charge equal to the monthly usage for the unfulfilled term. This contract
<br />automatically renews at the end of term for 1 year, annually, in absence of a 30 -day written notice by either party. Invoices are based on the total
<br />copies/prints/scans and faxes received during the billing period.
<br />Initials:
<br />P30
<br />
|