2006-073 Resolution - Laserfiche WebLink

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TERMS AND CONDITIONS FiYE PRICING GUARANTEE: Upon each anniversary date of this agreement, the existing prices shall automatically increase by seaett percent (the Rate). Price increases above the Rate may occur at any time when 1) Company costs increase above the Rate and 2) Customer accepts the increase. Any increase above the Rate is considered accepted by Customer if Customer does not provide Company with its written disagreement within 30 days from the date of increase. The weekly charge for a person no longer employed by Customer ends when all applicable products are returned. Customer will be charged for shortages, damages, emblems, embroidery, installation, style/color/size changes, replacements for new or abnormal sized garments, environmental/energy charges, and return charges according to Company's policy and then prevailing rates. Any charges covered on the reverse side are the present prevailing rates for that service, as agreed upon. CUSTOMER SERVICE GUARANTEE: Customer may discontinue services of Company if Company is given prompt written notice, by registered mail to the Company address specified on the reverse side, of a specified material deficiency and the Company fails to correct the deficiency within 14 days of receipt of said notice. If Customer does not provide Company a written notice within 10 days thereafter that it is dissatisfied with the cure, and specifying the reasons, then it is conclusively presumed that there was a satisfactory cure and no right to terminate. This is Customers sole and exclusive remedy. In the event of breach by Customer, Company shall be entitled to 50% of the weekly service charge, times the number of weeks remaining in the term of this agreement, or the replacement value of the items in service, whichever is greater, and all accrued liabilities. Without terminating Customer's responsibility under this agreement, Company shall not be required to provide service if Customer becomes delinquent in payment nor shall it be in breach for failure to service by reasons of acts of God, strike, fire or other causes beyond its control. MISCELLANEOUS TERMS AND CONDITIONS: Any claim arising out of or related to this agreement shall be submitted to the American Arbitration Association for binding arbitration in the county closest to the Company in the state of execution that has a population in excess of 750,000. Should the claim be for less than $3,000.00, then Arrow may waive arbitration and proceed in Court. A judgment of any court of competent jurisdiction may be rendered upon the award in the county of the proceedings, if lawful. Should the Company prevail, in whole or in part, all actual attorneys' fees of the Company shalt be paid by Customer, together with costs and interest at the judicial rate for written instruments from default date. The garments and other items provided through this service agreement, unless otherwise specified, are not flame retardant or acid resistant and are not to be worn or used in areas where there is a risk of flammability or contact with hazardous sub- stances. Customer is solely responsible for determining the need for and ordering any protective garments, and indemnifies Company for all liability for injury or damage related to the use of these garments or other items. Customer is responsible for and indemnifies Company against any liability or injury to any person or entity due to matters arising from or related to this agreement and the materials supplied (other than Company's gross negligence) including materials or substances from Customers operations coming into contact with Company or its personnel which are toxic, harmful, hazardous or disease carrying and agrees to take all steps necessary to avoid such contact. This agreement binds the parties, their heirs, administrators, successors, assigns and purchasers of a substantial portion of the assets of a party as well as applying to any new or additional locations of Customer. This agreement is a service agreement, which as an incident thereof utilizes personal property. Company does not transfer to Customer the right of possession to the products in service and treats the products as interchangeable. This agreement shall be for a term ofdmonths from the date on the reverse side ~is~esa~eat. There are no other understandings or agreements between the parties respecting the subject matter and the terms and conditions stated above may not tie modified or waived unless in writing and signed by Company and Customer and conditioned on Customer's full performance hereof. "CUSTOMER" "COMPANI Signature ignature