HomeMy WebLinkAboutCommercial Equip LeasingCOMMERCIAL
EQUIPMENT
- LEASING
Equipment Lease Agreement #
Equipment Model & Description
Kyocera KM-5050 Digital System
Kyocera DP-700 Document Processor
Kyocera DF730 Stapling Finisher
O See attached schedule for additional Equipment/Accessories
Equipment Location (rfdiftererttirom BiIGngAddress)
Serial Number
,. J~ C' ~
Accessories
Kyocera PF750 Large Capacity Tray
Kyocera AK-700 Attachment Kit
Kyocera TaskAlfa 400ci Color System
E~ G i, 'nc. --- ----
I Nam
1420 W. Washington Street
Address
Orlando FL 32805
City State Zip
i
YOU HAVE SELECTED THE EQUIPMENT. THE SUPPUERAND ITS REPRESENTATNES
ARE NOT OUR AGENTS ANDARE NOTAUTHORIZED TO MODIFYTHE TERMS OF THIS
LEASE. YOU ARE AWARE OF THE NAME OF THE MANUFACTURER OF EACH REM OF
EQUIPMENT AND YOU WILL CONTACT EACH MANUFACTURER FOR A DESCRIPTION
OF YOUR WARRANTY RIGHTS. WE MAKE NO WARRANTIES TO YOU, EXPRESS OR
IMPLIED, AS TO THE MERCHANTABILnY, FITNESS FOR A PARTICULAR PURPOSE,
SUITABILnY, OR OTHERWISE WE PROVIDE THE EQUIPMENT TO YOU AS-IS. WE
SHALL NOT BE LIABLE FOR CONSEQUENTUIL OR SPECIAL DAMAGES.
YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITK)NAL AND ARE
NOT SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON
WHATSOEVER. BOTH PARTIES AGREE TO WANE ALL RIGHTS TO A JURY TRU1L.
THIS LEASE SHALL BE GOVERNED BY THE LAWS OF FLORIDA. YOU CONSENT TO
THE JURISDK:TK)N AND VENUE OF FEDERAL AND STATE COURTS IN FLORIDA.
BY SIGNING THIS LEASE, YOU ACKNOWLEDGE RECEIPT OF PAGE20F THIS LEASE,
AND AGREE TO THE TERMS ON-BOTH PAGE51 AND 2. ORAL AGREEMENTS OR
COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORC•
ING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH
DEBTARE NOT ENFORCEABLE. TO PROTECT YOU AND US FROM MISUNDERSTAND-
ING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MAT-
TERSARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSNE
STATEMENT OF THEAGREEMENT BETWEEN US, EXCEPTAS WE MAY LATERAGREE
IN WRITING TO MODIFY IT.
•- -
Commercial Equipment Leasing ~
I PO Box 1529, Orlando, FL 32802
'
By. ~
Name:
Title:
Date:
City Of Sebastian
FWI Legal Name
DIB/A
1225 Main Street
Riling Address
Sebastian FL 32958
city State Zrp
Debbie Kruger 772-589-5330
Contad Name Phone E-maiAddress
By, o ~ ed Signer
Name:
PI Print
Title: ~i<~aer
Date: 0~ 27 ()y Fed Tax ID 59-6400427
Dale o Signature
Unconditional Personal Guaranty
In consideretiat of Lessor entering into the Lease in reliance on th'ISguarenty, the undersigned unconditionally and irrevocably guarardees to Lessor, its stx:cessors and assigns, fhe prompt payment and performarxx; of ag existing c
arxi future oWi~ations to Lessor, mduding the Lease. I agree that (a) this is a guaranty of payment and not of oolledion, and that Lessor can proceed diredly against me personally without resorting to any security or ~ela'ng
(b} i waive ail suretyship defenses including impairment of col ateral
failure id property perfect a security interest in the coiialerat
io coik:d irom Lessee
and aii ratices
indudirg those of protest
presentment and demand ~
v
,
,
,
,
,
(c) Lessor may renew, extend orotherwise change the terms of the Lease without notice to me and I will be bound by such changes, and (d) I will pay all of Lessor's costs of enforcement and collodion, including attorneys'
fees. ThisguarantysurvivesthebankruptcyofLesseeandbindsmyadministrators,suceessorsandassigns.MyobligationsunderthisguarentyconlinueevenifLesseebecomesinsoNentorbanlwptorisdischargedfrom r
banlwptsy and I agree notto seek to be repaid by Lessee in the event I must pay Lessor, until you have been paid all amounts owed. This guarenty shall be governed by the Taws of Florida.) consentto the personaljurisdidion
and venue of federal and state courts in Florida. ~?
Printed
By:
. •~ . ~ ~ •
QS Fair Market Value O 10%
O $1.00 'LEASE RAZE % (Must Complete forAR, GA, MD, NH, NJ, NM, TX, WQ
'LEASE RATE FACTOR (MustCompleteforallotherstates)
('required only For St.oo purchase option)
Lease Payment $ 393.75 Term 60 montns
(plus applicable taxes)
Billing Period: Monthly
The following additional payments are due on the date thisAgreement is signed by you:
SECURITY DEPOSIT $
ADVANCE PAYMENT'"$
(plus applicable taxes)
"Applied to: O first O last
DOCUMENT FEE $75.00 (included on first invoice)
Page 1 of 2
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SCHEDULE A
Lease #:
Equipment Model & Serial #:
Description:
PF-760 Large Capacity Tray
DF-780-Stapling Finisher ..z ..
JS-720 Stapling Finisher
DP-750 Document Processor
..
:;:,~
Lessee:
T~„
-_,y .
ilk ~C. pR/?~ /pA
~~7-/~/~
SCHEDULE A
Lease #:
Equipment Model & Serial #:
Description:
PF-760 Large Capacity Tray
DF-780-Stapling Finisher
JS-720 Stapling Finisher
SPF20
SPF20
..
r.:~
Lessee: city of s~st~~
13y
~nta• 71~1q
~~~~. ~rz,-.4
INC.
The Document Imaging People
It is EGP's intent to Provide Solutions, Service & Support for Guaranteed Customer Satisfaction!
Comprehensive Customer Support Agreement
Customer #:
Name: City Of Sebastian
Address: 1225 Main Street
City: Sebastian
^ Standard ^ Maintenance Only Monthly
Block Contract
(Time or Usage)
Copies per Cycle:
Cost per Cycle:
Months per Cycle:
Base & Overage
Black Copies/Prints
Copies Included:
Minimum Bose Charge:
Overage cost/copy: ~ • ~ ®~~
Date:
Phone:
Zip: 32958
^ Quarterly
Base & Overage
Color Copies/Prints
Copies Included:
Minimum Base Charge: ,(/
Overage cost/copy: 'R", .
Block contracts: Invoiced on meter cycles. Each cycle is good for a specked number of copies or period of time,
whichever comes first.
Base and overage contracts: This Agreement is for one (1) year and will be invoiced for a minimum base charge plus
overage at the specified intervals.
Thu Agreement will continue to renew annually unless THIRTY - (30) days written notice of cancellation, by either
party, is given prior to the Annual Anniversary. Prices subject to change annually.
In addition to the above Comprehensive Customer Support Agreement, we have made available to you the customer,
Optional Maintenance that will cover items as spec fled in the Platinum Upgrade only while an EGP Comprehensive
Customer Support Agreement is in effect for the covered equipment.
Plarinum Upgrade
By upgrading to our Platinum Coverage, you authorize EGP to add aone-time charge, per system. In exchange, EGP will
install astate-of--the-art surge suppressor/energy filter and will cover print systems, fax options, scan boards and hard
drives excluded in the Standard Customer Support Agreement. This surge suppressor/energy filter must be installed by a
qualified EGP Technician and remain locked to the system. Removal of the surge suppressor/energy filter from the system
will void the Platinum coverage.
^ I agr o purchase
I am declit~g tt~
Si ~nutcn~e
Platinum Upgrade and understand all the terms and conditions as outlined
the Platinum Upgrade and understand al! the terms and conditions as outlined
Dare: 08/27/09
C»•stome,* Sen~ide~l-g00-45 r-9407
Comprehensive Customer Support Agreement
Under the Standard Customer Support Agreement EGP, Inc. will furnish all service, parts, labor, drums, toner and
developer to produce a published guaranteed yield. Copies are based on an 8. S " x 11 "sheet of bond paper, in addition on
"wide format" equipment copies are based on "count" (linear foot). Excludes paper, staples and any network support
including maintenance required after the end-user installs software, software updates, or any changes to -the operating
systems are made; optional print systems, fax options, hard drives or any optional items as related to your digital system
except as covered in the Platinum Upgrade.
E X CL I I S IO N S TA T E ME N T S
Digital Copiers: Maintenance only -Shall cover all service, parts and labor, excluding toner, developer, imaging units, maintenance kits,
staples, disposal tanks, paper, optional print systems, fax options, hard drives and any network support.
Color Copiers: Maintenance only -Shall cover all service, parts and labor, excluding toner, developer, fuser oil, staples, disposal tanks
and paper.
Color Printers: Maintenance only -Shall cover all service, parts and labor, excluding toner, charger units, imaging units, disposal tanks,
fuser oil, fuser cleaner, fusing unit and maintenance kit/development units.
Black/White Printers: Maintenance only -Shall cover all service, parts and labor, excluding toner, drum kit, developer kit, maintenance
kit, fuser unit, process unit, and scanner unit.
Facsimile: Maintenance only -Shall cover all service, parts and labor, excluding toner and imaging units.
Duplicators: Maintenance only -Shall cover all service, parts and labor, excluding inlt; masters and drums.
GENERAL TERMS AND CONDITIONS
1. This Annual Maintenance Program shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, vandalism, electrical power
failure, water, acts of God, or other causality or to repairs made necessary by service per formed by personnel other than EGP Inc.
2. The equipment shall be in good mechanical condition on the date of commencement of this Agreement, as determined by EGP Inc. and its service
technicians.
3. This Agreement is not assignable and is automatically cancelled with respect to the particular machines, should the equipment it covers be sold to a
third party.
4. In the event the equipment is moved out of EGP Inc. 's normal service area, EGP Inc. shall have the right to immediately terminate this Agreement
and cease all future service on the equipment.
5. Excluded from this Agreement are modifications to the equipment and overhauls.
6. Service hours -Monday through Friday/. 8:30 am - 5:00 pm. EGP Inc. will be closed on the following holidays: New Year's, Memorial Day,
Independence Day, Labor Day, Thanksgtytng and Christmas.
7. Drums replaced as a result of normal use will be replaced at no charge. The following conditions would be the exception. Replacement of abused
drums will be charged at full price. Examples of how a drum can be abused are listed below:
a. Touching the drum with fingers /foreign objects or use of supplies other than those recommended by the manufacturer.
b. Allowing machine to be used in an environment contrary to manufacturer's recommendations.
c. Not following customer required maintenance, as outlined by the manufacturer.
8: This Agreement does not cover:
a. Service necessitated by exceeding manufacturers recommended volume limitations, the malfunction of Non-Original
Manufacturer's Equipment, parts, supplies, attachments, or supplies not authorized by EGP Inc.
b. Repairs or cleaning necessitated by the improper installation of toner, developer or foreign agents.
c. Exterior and add-on copy counting or monitoring devices (i.e. Hecon, Copyguard system).
d. Expenses incurred for supplies consumed in the course of servicing, damage or misuses by the customer are non-
recoverableand replenishment of such supplies is the sole responsibility of the customer.
e. Equipment movements or relocations
'~. Customer agrees to:
a. Provide suitable electrical service and maintai» proper environmental conditions. (i.e. power filter & surge protection).
b. Pay for special servicing required to prepare the equipment for movement or to reinstall and adjust after a movement.
c. Provide EGP Inc. with meter readings as needed and to accept estimated meter readings based on service history.
Cvrit`~rtiied
IfllttO~'
10. Network Support: I hereby authorize EGP, Inc, and their representatives to operate the computer systems for purposes of testing,
troubleshooting and inspection at my risk. They may install the necessary materials (both hardware and software) into the described
equipment. EGP, Inc. shall not be held liable for any expenses or damages incurred during the installation or use of the above hardware or
software by EGP or yourself.
Il. Installation Agreement and Disclosure: I hereby authorize EGP Inc. and their representatives to operate the computer systems for purposes of
testing, troubleshooting and inspection at my ristk They may install the necessary materials (both hardware and software) into the described
equipment. EGP Inc. shall not be held liable for a»y expenses or damages incurred during the installation or use of the above hardware or
software by EGP, yourself or any third party. 1 agree not to hold EGP Inc. responsible for any loss or damage due to fire, theft, accident, or by
any other cause. 1 acknowledge that an integral part of this installation procedure and normal operation of a computer system is the
performance of regular back-ups. EGP Inc. will not perform aback-up of my computer systems, and 1 hereby release EGP Inc. from any
liability regarding lost data on any fixed or removable drives.
12. Software Agreement: By using the provided software and associated materials, the user agrees that they have read, understood and will
comply with the following Agreement. This software and any associated material is provided "as-is"and EGP Inc. makes no representations
or warranties, including but not limited to the use, ownership, portability, or distribution of the provided sofhvare. EGP Inc. shall not be liable
for any damages or expenses incurred, with respect to any claims by the user or arty third party, arising from the installation, use or the
inability to use the provided software and associated material. Title to the copyright of the software and associated materials shall at all times
remain with the creator. Any use, distribution, copying, or modifying of the sofhvare or associated materials shall be subject to the terms of
the creator.
13. Recommended Computer Requirements: I understand that the digital equipment may not function properly on computer systems or networks
that have not met the specified minimum requirements. Any expenses incurred while satisfying the network and computer systems hardware or
software requirements by the user, EGP Inc. or any third party shall be the sole responsibility of the purchaser. No refunds of installation fees
will be given if all minimum requirements are not sattsfied.
14. This Agreement contains the entire understanding, Agreement and contract between EGP Inc., and the Customer and each agrees that no
representation, warranty or covenant was made by or on behalf of the other that is not contained in the Agreement, and that i» entering into
this Agreement neither party relied upon any representation, warranty or covenant not herein contained.
I5. Handwritten and/or typewritten provisions inserted into this Agreement initialed by both parties and approved by an EGP Authorized O-~cer
shall control over the typewritten provisions in conflict therewith.
16. This Agreement shall be governed by, and interpreted and enforced in accordance with the laws of the State of Florida.
17. If any legal action or other proceeding or action is brought forth for the enforcement of this Agreement, or because of an alleged dispute,
breach, default, or misrepresentation in connection with any provision of the Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorney's fees, court costs, and all other expenses, even if not taxable court costs (including without limitation,
all such fees, costs and expenses incident of arbitration, appellate, bankruptcy, and post judgement proceedings), incurred in that action or
proceeding or any appeal, in addition to any other relief to which the parry or parties may be entitled. Furthermore, the Customer agrees to
pay all costs of collection including reasonable attorney's fees whether suit be brought or not, incurred by EGP Inc., in collecting any past due
balances or recovering any equipment.
18. Customer's exclusive remedy and EGP Inc. 's entire liability, in contract, tort, or otherwise, shall be to make all necessary repairs to the
Equipment and to keep the Equipment in good operating condition. In no event shall EGP Inc. be liable for arty indirect, special or
consequential damages arising from the Agreement or the use of the Equipment or any service provided under this Agreement.
19. In the event the Agreement is terminated prior to the end of the Agreement term, either by the Customer or by EGP Inc. as a result of a
Customer default, the Customer shall nonetheless be obligated to pay EGP Inc. all amounts due for the balance of the Agreement term. These
amounts shall be accelerated and become due and payable immediately upon such termination.
By signing, you agree that you have read, understand and will comply with all terms, conditions and statements listed
This Agreement must be approved by an EGPAuthorized Officer before binding on EGP, Inc
Customer:
R'arne: Dale:
(P ease Pnnt)
Title:
Date:
^ Yer~ed ^ No.
^ Customer Service ^ Scan
Comprehensive Customer Support Agreement
Equipment
Machine Type Kyocera Model#: KM-$03$ Serial# M3022204
Start Meter Black
Ship To Address 1201 Main Street
C;ry Sebastian
ID # CP978
Phone#
State FL zip 329$8
^ Platinum Coverage Protector
Serial#
Machine Type Kyocera Model#: KM_2050 Serial# J3111847
Start Meter Black Color Total
Ship To Address 1201 Main Street
Ciry Sebastian State FL zp
^ Platinum Coverage Protector Serial#
Machine Type Kyocera Model#: KM-2$30 Serial#
Start Meter Black Color Total
Ship To Address 1201 Main Street
ID #
Ciry Sebastian State FL zip 329$8
^ Platinum Coverage Protector Serial#
Machine Type Kyocera Model#: 1810 Serial#
Start Meter Black Color Total
Ship To Address 101 E Airport Drive
City Sebastian state FL ztp 329$8
^ Platinum Coverage Protector Serial#
Machine Type Model#: Serial#
Start Meter Black Color Tota!
Ship To Address
City Sebastian State
^ Ptadnur--t Coverage Protector Serial#
Color Total
ID # CW031
Phone# 329$8
Phone#
ID #
Phone# 772-$89-6801
Phone#
Zip
ID #
Iaitinl; ^ Additional Equipment (See Schedule A) Version: 07/12/2006
Comprehensive Customer Support Agreement
Equipment
Machine Type Kyocera Model#: KM-5050 Serial#
Start Meter Black Color Total
ship To Address 1225 Main Street
ID #
City Sebastian Srare FL
^ Platinum Coverage Protector Serial#
Machine Type Kyocera Model#: 400ci Serial#
Start Meter Black Color Total
Ship To Address 1225 Main Street
__
city Sebastian stare FL zip
^ Platinum Coverage Protector Serial#
Machine Type Kyocera Model#: KM-5035 Serial# M3022176
Start Meter Black Color Total
Ship To Address 1225 Main Street
Phone#
zip 32958
ID #
Phone# 32958
Phone#
ID # CP967
ctry Sebastian state FL zip 32958
^ Platinum Coverage Protector Serial#
Machine Type Kyocera Model#: KM-5035 Serial# M3022126
Start Meter Black Color Total ID # CP970
Ship To Address 1225 Main Street Phone#
city Sebastian state FL zip 32958
^ Platinum Coverage Protector Serial#
Machine Type Kyocera Model#: KM-4035 Serial# L3023972
Start Meter Black Color Total ID # CP95$
Ship To Address 1225 Main Street Phone#
Ciry Sebastian ware FL
^ p~ a„~,,„, r yeTase Protector Serial#
zip 32958
Initicrlr ^ Additional Equipment (See Schedule A) Version: 07/12/2006
Non-Appropriation of Funds Addendum
This is an addendum ("Addendum") to and part of that certain agreement between
Commercial Equipment Leasing ("Obligee")
and City Of Sebastian
("Obligor"), which agreement is identified in Obligee's records as agreement number
("Agreement"). All capitalized terms used in this Addendum
which are not defined herein shall have the meanings given to such terms in the Agreement.
You hereby represent and warrant to Us that as of the date of the Agreement, and throughout
the Agreement Term: (a) the individual who executed the Agreement had at the time of execution of
the Agreement full power and authority to execute the Agreement; and that all required procedures
necessary to make the Agreement a legal and binding obligation of the Obligor have been followed; (b)
the Equipment is essential to the immediate performance of an authorized governmental or proprietary
function and shall be used during the Agreement Term only by You and only to perform such function;
(c) that all payments due and payable for the current fiscal year are within the current budget and are
within an available, unexhausted and unencumbered appropriation.
In the event You are not granted funds in future fiscal years for the Equipment subject to the
Agreement or for equipment which is functionally similar to the Equipment and operating funds are not
otherwise available to You to pay the rent and other payments due under the Agreement, and there is
no other legal procedure or available funds by or with which payments can be made to Us, and the
appropriation did not result from an act or omission by You, You shall have the right to return the
Equipment in accordance with the terms of the Agreement and terminate the Agreement on the last day
of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of
Your fiscal year, Your legal counsel shall certify in writing that (a) funds have not been appropriated for
the next fiscal year; (b) such non-appropriation did not result from any act or failure to act by You; and
(c) You have exhausted all funds legally available for payment of rent.
Commercial Equipment Leasing
Obligee
By:
Obligee Signature
Print Name & Title
Date Accepted:
Ci Of Se stia
Obligor
B :X
Obligor Signature
Al Mi Cit Mara er
Print Name & Title
Date 08/27/09
P07NA 1207
EQUIPMENT TO BE RETURNED TO A
LEASING COMPANY
LEASING COMPANY c1T
LEASE NUMBER
CUSTOMER NAME .900-oo6o3s1
CUSTOMER NUMBER
MANUFACTURER Kyocera
MODEL xN1-4035 SN; L3021410 ID #CN559
ATTACH. sxDF-2 SN:
ATTACH. Cabinet SN:
ATTACH. DF73 SN:
ATTACH. Ax~1C SN:
ATTACH. SN:
ATTACH. SN:
Final Meter Reading
DATE
PICKED UP BY Orla~ado Sales EGP
CUSTOMER SIGNATURE
EQUIPMENT TO BE RETURNED TO A
LEASING COMPANY
LEASING COMPANY Crr
LEASE NUMBER
CUSTOMER NAME 900-0o6o38s
CUSTOMER NUMBER
MANUFACTURER Kyocera
MODEL xN1-3035 Srj: K3o44381 CN904
ATTACH. sxDF-z SN:
ATTACH. Cabinet SN:
ATTACH. DF's SN:
ATTACH. SN:
ATTACH. SN:
ATTACH. SN:
Final Meter Reading
DATE
r
PICKED UP BY Orlando Sales EGP
CUSTOMER SIGNATURE
EQUIPMENT TO BE RETURNED TO A
LEASING COMPANY
LEASING COMPANY Crr
LEASE NUMBER
CUSTOMER NAME 900-0060378
CUSTOMER NUMBER
MANUFACTURER Kyocera
MODEL xM-3035
ATTACH. sxDF-a
ATTACH. Cabinet
ATTACH. DF73
ATTACH. AK71 c
ATTACH.
ATTACH.
Final Meter Reading
SN: x3039713 i~ ~C1V ! ~~
SN:
SN:
SN:
SN:
SN:
SN:
DATE
PICKED UP BY Orlando Sales EGP
~ /i ,
CUSTOMER SIGNATURE