02. Jail body scanner maintenance agreement
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02. Jail body scanner maintenance agreement
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<br /> <br />751 Park of Commerce Drive, Suite 116 Boca Raton, Florida 33487 Main: (561) 893-8484 Service: (800) 288-1722 SVC # ______ Rev. 1/1/2020 PAGE: 3 <br /> <br />Exhibit B <br /> <br />Terms and Conditions to the Service Agreement <br />Platinum Service Plan <br /> <br />The Service Agreement is subject to the following terms and conditions (the “Terms and Conditions”). For purposes of this Exhibit B, all references <br />herein to the term “Agreement” will mean the Service Agreement, together with Exhibit A attached thereto and this Exhibit B. All defined terms used <br />herein but not defined herein will have the meanings ascribed thereto in the Service Agreement. All prior and/or contemporaneous negotiations and <br />agreements, oral or written, between CUSA and Customer as it relates to the Platinum Service Plan purchased by Customer pursuant to this <br />Agreement are superseded by this Agreement, including these Terms and Conditions. Any terms different from or in addition to these Terms and <br />Conditions, whether communicated orally by Customer, or contained in any Customer proposal, acknowledgment, invoice or any other document <br />used by Customer will not form part of this Agreement, even if Customer purports to condition Customer’s acceptance of this Agreement on CUSA’s <br />agreement to such different or additional terms or conditions, and CUSA hereby expressly rejects all such different or additional terms and conditions. <br /> <br /> <br />Platinum Service Plan – Subject to the Terms and Conditions set forth herein, the Platinum Service Plan includes: <br /> <br />- Routine Preventive Maintenance (which encompasses cleaning, lubrication and adjustments – See Section entitled “Routine Preventive <br />Maintenance” below for further details and restrictions) and repair service (which includes time and labor for repair of the Equipment) <br />(hereinafter Routine Preventive Maintenance and repair service is collectively referred to as the “Service”) for the Equipment. <br />- Equipment Part Coverage (which includes providing replacement parts for the Equipment, subject to the exclusions outlined below under <br />the Section below entitled “Exclusions”). <br /> <br />Hours of Service – Unless CUSA agrees in its sole discretion in writing to the contrary, Service will be provided during normal business hours <br />Monday through Friday, 8:00 AM - 5:00 PM local time at the location of the Equipment specified in this Agreement (the “Customer Facility”), excluding <br />CUSA observed holidays, a list of which will be provided by CUSA to Customer upon Customer’s written request, referred to herein as “Observed <br />Holidays.” Service after normal business hours, on weekends or on Observed Holidays may, in CUSA’s sole discretion, be provided, but such <br />Service will be billed as overtime at a rate of one and one-half (1.5) times CUSA’s current billing rate, which amount will be payable in full in <br />accordance with the terms of the invoice. CUSA reserves the right to withhold or discontinue performance of its obligations under this Agreement if <br />timely payment of Service billed as overtime is not made as required by this Agreement. While no assurances can be given, CUSA will endeavor to <br />(i) return all calls for Service received after 8:00 AM but prior to 3:00 PM local time/ Customer Facility within two (2) hours after the call has been <br />received by CUSA’s Call Center (800) 288-1722 (calls received after 3:00 PM Customer Facility local time will result in a return call the next morning), <br />and (ii) dispatch a service representative on site within four (4) hours of the call being received by CUSA’s Call Center after 8:00 AM but prior to 3:00 <br />PM local time/Customer Facility (calls received after 3:00 PM local time/ Customer Facility may result in a service representative being dispatched <br />the following business morning). <br /> <br />Routine Preventive Maintenance - Routine Preventive Maintenance includes checking to confirm that the Equipment is functioning as per <br />manufacturer’s published specification and notifying Customer of any issues and suggested repairs. CUSA will provide Routine Preventive <br />Maintenance at six (6) month intervals, during the regular hours of service as described in the “Hours of Service” Section above at a date and time <br />that is mutually agreed upon by CUSA and Customer. CUSA will contact Customer to establish the date and time for the Routine Preventative <br />Maintenance and Customer will make the Equipment and the area where the Equipment is located available to CUSA so that the Routine Preventive <br />Maintenance can be completed on the scheduled date and time. Because Routine Preventative Maintenance can take up to four (4) hours to <br />complete, Routine Preventative Maintenance will not begin later than 1:00 PM local time/Customer Facility unless otherwise agreed upon by CUSA <br />and Customer in writing. If the Equipment or Equipment area is not made available on the scheduled date and time, or if Customer cancels the <br />scheduled appointment, it will be Customer’s responsibility to re-schedule the Routine Preventive Maintenance within sixty (60) days of the originally <br />scheduled date by calling CUSA’s Call Center at (800) 288-1722. If the Routine Preventive Maintenance is not re-scheduled and completed within <br />sixty (60) days of the originally scheduled date, Customer waives the right to receive Routine Preventive Maintenance for that six (6) month interval <br />and will be required to wait until the next six (6) month interval, if applicable, to receive Routine Preventative Maintenance. Routine Preventive <br />Maintenance should be considered as a line of defense against unplanned downtime and Equipment failure. CUSA will not repair the Equipment <br />during the Routine Preventive Maintenance. Customer will be responsible for scheduling a request for repair service to address any issues identified <br />during the Routine Preventive Maintenance. <br /> <br />Customer Phone Support - Customer phone support for the Equipment covered by this Agreement is available from 8:00 AM to 8:00 PM (EST) <br />Monday through Friday (except for Observed Holidays) by calling CUSA’s Call Center at (800) 288-1722. <br /> <br />Term and Termination – The Term of this Agreement is set forth on the first page of the Service Agreement. Either party may terminate this <br />Agreement in the event that the other party materially breaches any of the terms or conditions of this Agreement and fails to cure said breach within
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