287-Universal Financial UNIVERSAL FINANCIAL ~Z,' (
MAINTENANCE AND INSPECTION SERVICE AGREEMENT
This Maintenance and inspection Service Agreement (hereinafter "Agreement")
made and entered into this 17th day of JONE , 1987 by and
between Universal Financial,"'~hereinafter 'UF"), organized under the laws of
the State of Illinois and
CUSTOMER: CITY OF S~mRD
STREET ADDRESS: 300 NORTH PARK AVENUE
CI~, STATE, ZIP: S~FORD, FL 32771
COU~Y: SEMINOLE
With the objective of keeping your computer equipment in good operating
condition, UF agrees to perfom scheduled maintenance and inspection services
and/or emergency service on customer's site, on the equipment listed on the
Maintenance and Inspection ~ trice Agreement Addendum, incorporated herein and
made a part hereof, in accordance with the following provisions:
PREVENTATIVE ~INTENANCE
UF a~rees that it will, by its authorized representatives, provide scheduled
m~ten~ce service which will include inspection, cleaning, adjustment and
lubrication, if required, of all electronic, electrical and mechanical
ceponents. Uf reserves the right to perfom schedu] edmaintenance at the time
emergenq service is required. Customer will allow UF full access to the
equipment, to provide the necessary maintenance, subject to customers security
rules. Unless otherwise specified, the equipment will be internally inspected
once annually.
EMERGENCY SERVICE
UF will provide emergency maintenance service, upon proper notification to its
General Offices, during UF's noma] working hours, on all non-holiday weekdays,
Monday through Friday or as otherwise specified. For the purpose of this
Agre~ent, "Holiday" shall mean any of the ten (10) days that UF shall
designate as holidays, in writing, to the Customer prior to each Maintenance
Period.
Al~ parts which UF dens reasonably appropriate and necessary to keep
Customer's Equipment operating properly will be furnished at no additional
costs. All replaced parts become the property of UF.
Universal Financial will make every reasonable attempt to respond to all
emergency service calls placed at our general offices within two hours. UF
will respond promptly to requests for emergency service during other than
noma] working hours as authorized by the Customer, provided the Customer
agrees to pay over-time rates for hours worked and/or traveled, provided that
an authorized representative of the Customer is at or on the preises.
If additional machines or components are added, by the Customer, to the
existing network as described in the addendum, UF reserves the right to inspect
such equipment to assure it is in good working order, before it is accepted by
UF, at the then current maintenance rates.
MAINTENANCE AND INSPECTION SERVICE AGREEMENT - Page 2 of 3
customer agrees not to employ additional attachments, features, or devices to
the equipment, or make alterations to the equipment without the written consent
of UF.
EXCLUSIONS FROM COVERED MAINTENANCE
Maintenance of accessories, attachments, supplies or other devices that are not
equipment items.
Repair of damage not caused by UF, including without limitation, damage
resulting from accident, transportation, neglect or misuse, lightning, failure
or fluctuation of electrical power, air conditioning or humidity control,
telephone equipment or communication lines failure, nuclear radiation fire, the
elements or acts of God, failure of foreign interconnect equipment, use of
external materials, (i.e., receipt of forms, envelopes) not adhering to
specifications, or causes other than ordinary use.
Reconditioning required when repair and parts replacement cannot keep equipment
in good operating condition.
Any services in respect of Softwa re of Firmware, or any repair of any damage to
Equipment caused by Software or Firmware, including improper programming. Such
repair will be rendered only upon specific order by Customer of the estimated
charges therefore.
PAYMENT
Customer agrees to pay maintenance charges upon submission by UF of a proper
invoice therefore. Invoices will be issued on or about the first day of each
period for which services are to be provided. Maintenance rates are to be
subject to change after the initial billing. Maximum increase will not exceed
3% per year on the equipment listed in the addendum.
This Agreement may be terminated by either party at the end of any calendar
month provided written notice of termination is given to the other party at
least ,thirty days prior to the date of termination. Any applicable tax
Will be added to other charges specified.
GENERAL PROVISIONS
Customer agrees that UFs total liability hereunder, including but not limited
to, any alleged negligence of UF shall not exceed the amount paid for
maintenance by Customer to UF attributable to the particular unit of Equipment
directly involved for three (3) months immediately preceeding the occurrence
giving rise to any claim by Customer. In no event will UF be liable for any
incidental or consequential damages, including without limitation, loss of use,
loss of data, loss of profit, loss of monies deposited through or withdrawn
from Equipment or any affiliated components, or liability to third parties,
however caused, whether by the negligence of UF or otherwise.
UF shall not be liable to Customer for any delay or failure by UF, to perform
its obligations under this agreement or otherwise if such delay or failure
arises from any cause or causes beyond the reasonable control of UF, including
but not limited to labor disputes, strikes, other labor or industrial
disturances, acts of God, floods.
rationing, utility or communication failures, earthquakes, casualty, war, acts
of public enemy, riots, insurrections, emgbargos, blockages, actions,
restrictions, regulations or orders of any government agency or subdivision
thereof, or temporary unavailability of qualified IIF service personnel at UF
office, due to service call(s) received before Customers call.
GENERAL
This Agreement shall be governed by the laws of the State of Florida and
constitutes the entire agreement between the parties hereto with respect to
maintenance of Equipment, and shall supercede all previous or contemporaneous
negotiations, commitments and writings with respect to matters set forth
herein. It may only be modified by a written notification and signed by
authorized representatives of both parties. The terms and provisions of this
Agreement shall prevail over any conflicting, additional or other terms
appearing on any purchase order submitted by Customer at any time. Neither
this Agreement nor any rights hereunder may be assigned or otherwise
transferred by either party, except to any corporation controlled by or under
common control with the assigning party, or in connection with acquisition of,
or the sale of substantially all of, the assets of the business to which this
Agreement pertains.
ACCEPTED BY:
UNIVERSAL FINANCIAL CITY OF SAN~ORD
/~,,./~,~LC_~ompany Name
Auth~ed Signature '~ Authorized Signature
Name (Printed} Name (Printed}
'Title
Date zDate
UnivErsal Financ l
dorporote Headquarters: 375 West First S[reet, Elmhurst, IL 60126-2692 Phone: (312) 279-1)60 1-(800) 558-5656 Telex: 277515 Regional Office:
750 South North Lake BIrd. '
Suile 1020
Aliamonte Springs, FL 32701-6720
Phone: (305) 834-6994
1987 HOLIDAY SCHEDULE
IMPORTANT NOTICE REGAROING CCI~UTER MAINTENANCE
Dear Maintenance Customer:
Our general offices, depot repair center and field service operations will be closed on
the following holidays. Repair service on both systems and terminals will not be
available without prior arrangement on these holidays:
January 19, 1987 Monday Martin Luther Klng BIrthday
February 16~ 1987 Monday Presidents Day
May 25~ 1987 Monday Memorial Day
July 6~ 1987 Monday Independence Day
September 7, 1987 Monday Labor Day
October 12, 1987 Monday Columbus Day
November 11, 1987 Wednesday Veterans Day
November 26, 1987 Thursday Thanksgiving Day
December 25, 1987 Frlday Christmas Day