HomeMy WebLinkAboutExecutone of Florida Inc. Service Contract -1993 06 02EXA:lYfO11Co
May 27, 1993
City of Winter Springs Fire Department
102 N. Moss Road
Winter Springs, Florida 32708
To whom it may concern:
Thank you for allowing me the opportunity to present an Executone service contract for your company.
As you already know, Executone is one of the nation's leaders in communication equipment and one of the few
companies w::o manufacture, market, and service their own products. We at Executone enjoy our national
place among the leaders and cur reputation for quality.
As an experienced Customer Service Representative I can attest to the quality of our products. All electronic
equipment, however, is subject to normal wear and tear and, of course, damage from lightning strikes. Our
service contract provides an efficient and easy way to budget your phone expenditures for the year. in addition,
our service contract rates are -lower than normal service repair charges which are currently W3.00 per hour (one
hour minimum) and $22.00 for every quarter hour thereafter plus parts. Note that we have conducted a survey
comparing the charges of other local vendors for service contracts and are pleased to state that our prices are
extremely competitive, not to mention the fact that very few companies offer protection against lightning as an
option.
The terms of our Service Contract for your current system configuration for the options indicated are as
follows:
❑ Basic Service
❑, Advanced Option
I Custom Option $1,221.00
❑ Premium Lightning Coverage Optionj--"
Subtotal
Sales Tax
Annual Total $1,221.00
This amount covers the units listed on the attached Schedule A and will become effective when the
signed maintenance agreement, Schedule A, Premium Lightning Coverage Addendum (if applicable),
and payment have been received.
❑ In order to offer you Premium Lightning Coverage we must schedule a site visit to install upgraded
Lightning Protection Equipment. As soon as we receive the signed Maintenance Agreement,
Schedule A, Premium Lightning Coverage Addendum, and a One -time charge of N/C we will write
an urucr to install your P otection Equipment. WHEN THE EQUIPMENT IS iN PLACE, YOUR LiGHTNING
COVERAGE WILL BEGIN.
Given the fact that electronic equipment is subject to normal wear and tear, that our rates are competitive, and
that we now offer enhanced protection against lightning, I certainly hope you will give the enclosed service
contract serious consideration.
I enjoy having you as a customer and appreciate this opportunity to propose this contract.
Sincerely, r'
N acre M. Stillwell
g
Customer Service Representative
R Era EIVEi3
JUN 0 1 1993
THE NATIONWIDE BUSINESS PHONE COMPANY A a I a OF FLORIDA INC.
3025 E. SOUTH STREET, ORLANDO, FL 32803,(407)-898-3333
Page of
Date
Customer Name City of Winter Springs Fire Department
Customer Address 102 North Aioss Rd. Winter Springs, FL 32708 acct 6185
Location of Equipment 102 N Mn89 Rd and 850 Northern Way
QUANTITY
1
1
1
6
1
2
2
1
4
z
1
1
1
1
1
SCHEDULE "A"
(Continuation of Main Contract)
LISTING OF EQUIPMENT
MODEL
NUMBER
CUSTOM SERVICE 10 � N Moss Rd
DESCRIPTION
E2 36 key service unit
AC surge protector
DTMF card
14 key tlephones
mini wall telephone w/ waterproof box
4 port station cards..,
2 port CO cards
SLT 4 /DTMF card
Stalrplus II single line telephones
26 key speakerphones
48 volt power supply,
gas tube protector
ring generator bracket
paging horn
BC 275 battery back -up unit
CUSTOM SERVICE` 850 Northern Way
1 2 line telametric single line phone
1 Starplus II single line telephone
1 2 line telaconcept phone
1 mini wall telephone w /waterproof box
CUSTOMER SIGNATURE Q REPRESENTATIVE SIGNATURE
TITLE ACCEPETED BY TITLE
4 OF FLORIDA INC.
THE NATIONWIDE BUSINESS PHONE COMPANY
3025 E. SOUTH STREET, ORLANDO, FL 32803, (407) 898-3333
MAINTENANCE AGREEMENT
;J?ARTIES AND DATE Thl$ Malnteftance Agreement is the day of 19— (the "Effective Date") by
%(ECUTONE OF FLORIDA, INa ti�a 4�0cmpany "), and y of Wiatlibz Springs FFire i?�eDSrtm @rit ("customer"),
offices at`- 102 M Md,' Rd Wiats& Surings. n 32708
y . consideration of the mutual agreements contained herein, the sufficiency of which are hereby acknowledged by Company and Customer, the parties hereby a(#ee,
I. THE PRODUCT. This Maintenance Agreement pertains to the equipment and Software described in Schedule A (the "Product") and installed at:
SME
Address City County State Zip
If the Product is moved from the Authorized Location without the written consent of Company, subject to such terms and conditions as may be established by the
then this Maintenance Agreement shall be null and void, and of no force or effect whatsoever.
2. MAINTENANCE. For the payment of the Maintenance Fee specified below, Company shall provide to Customer full and exclusive maintenance of the Product fo
specified in 2(b) (seml- annually or annually) from the Effective Date.
(a) Basic Service: For the purpose of fulfilling its obligations under this Basic Maintenance Agreement, Company's normal working trouts are 8.00 a.m. to
Monday th"h Friday, except holidays'("Basie C +a gs"j. In addition to Basin Coverage Customer may purchase any of the f I Amnn types of Extended
by payment a premiums speclfledlbelow: �a
(i) "Advanced" option. consistit(g of Basic Seitice plus after hours oatastro h�ic service, 4'kined as service necessary fot'the Product tc
the basic service for which the Product is intended without which Customer's business will be unable to function; by payment of an
premium equal to 25% of the Basic Maintenance Fee; or
_X(ii) "Custom" option. consisting of coverage 24 hours per day, 7 days per week, by payment of an additional premium equal to 50% of t
Maintenance Fee.
Service perfonued by Company outside the hours covered by this Maintenance Agreement (including Advanced Coverage hours, if any) will be b
accordance with Company's standard rates for labor. ,
(b) Maintenance Fee: Within 5 calendar days of the Effective Date, Customer shall tender in cash, or by check or wire transfer, the following Mainten
Basic Service: $
Advanced Option:;' $
�— Custom Option: a, $ lip 221. faQ
Premium Lightning Coverage`Option: $
Sub Total: $
Sales Tax:
Annual Total: $ `
If Customer fails to make timely payment of the Maintenance Fee as required by this Sectionw2(b), Company shall have the option to:
(i) void this Maintenance Agreement in its entirety by provision of written notice to Customer;
(c) Responsibilities of Company and Customer: Company shall perform all maintenance service and repair and furnish all labor, materials and replaoem
necessary to keep the Product in satisfactory working condition; provided, however, that Customer shall, be responsible for the cost of repairs to the
necessitated as result of: -
(i) accident, physical abuse, misuse, acts of God or other intervening external cause; or
(ii) repairs, maintenance, modifications or additions performed by anyone other than Company re, ,asentatives including subcontractors.
(iii) second or subsequent site visits due to improper feature use.
Company will maintain the Product in accordance with the following standards
(i) only manufacturer's parts, either new or refurbished, of equal or better quality will be used;
(ii) all maintenance will be performed by qualified personnel.
Company is responsible for maintenance of the Product only on the subscriber side of the interface equipment connecting the Product to Customer's tale
other utility. COMPANY SHALL HAVE NO LIABILITY FOR, AND CUSTOMER SHALL INDEMNIFY COMPANY FOR ANY EXPEN -K I�@� =HER-
ATTRIBUTABLE TO ANY FAILURE OF OR INTERFERENCE WITH THE OPERATION OF ANY EQUIPMENT OR SOFTWAR 10tLr 9t Ems$
OR PRODUCTS OF OTHER VENDORS, INCLUDING WITHOUT LIMITATION THE CENTRAL OFFICE LINES OF ANY TEL,,
SECTION 2(d) THROUGH SECTION 11 OF THIS AGREEItJT ARE PRINTED ON THE REVERSE SIDE.
i:VLL ENTIRE AGREEMENT. The terms and conditions oft a Maintenance Agreement constitute the entire agreement betw n Ogttgpaof and r artdAn
y' modified or amended except by mutual written a retlr "t. Cu has read all provisions of this Maintenance Agree ntirtd xc r a 6
faltatenonce Agree eat.
Salesperson: Accepted by: `! __-
'tie Contract is subject tot4proval by
EXECUTONE OF FLORIDA, INC. Title: f Datd.;�"c
I
Corporate Officer:
Executone
Title: - -- -
Date: 15" Q-) - 15
For:
'.�iLH l,IS1Dal3'Te=
2. (d) Response Time: Upon receipt of a request for the performance of service under this Maintenance Agreement, Company will respond as follows:
(i) Basic Service
(ii) Advanced Service
(iii) Custom Service
RFG t ARL R SERVICE
Provided within 24 hours, only during normal working
CATASTROPHIC SERVICE
Provided within 3 hours, only during normal working
hours (8:00 a.m. to 5:00 p.m., Monday through
bpyrq (8:00 a.m. to 5:00 p.m., Monday through Friday)
Friday) excluding holidays.
excluding holidays.
RFQjUL�A„R SERVICE
Provided within 24 hours, only during normal working
CATASTROPHIC SERVICE
Provided within 3 hours, 24 hours per day. 7 days a
hours (8:00 a.m. to 5:00 p.m., Monday through
w&d, including holidays.
Friday) excluding holidays.
RF , 1 AR SERVICE
Provided within 24 hours, 24 hours per day, 7 days
CATASTROPHIC SERVICE
Provided within 3 hours, 24 hours per day. 7 days a
a week, including holidays.
Wg& including holidays.
3. DELAY. Company shall not be liable for any delay of performance under this Maintenance Agreement, or any damages suffered by Customer as a result of such delay, when
such delay is directly or indirectly caused by or results from any act of God or other intervening external cause, accident, governmental laws or regulations, labor disputes,
transportation delays, or any other cause beyond the reasonable control of Company.
4 LIMITATION OF LIABILITY. Company's sole obligation under this Maintermos Agreement is to maintain the Product in good working order in accordance with the terns
and conditions set forth herein. CUSTOMER AGREES THAT COMPANY SHALL HWYE NO 41AS1I.ITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FAILURE OF THE PRODUCT TO OPERATE IN GOOD WORKING ORDER FOLLOWING PERFORM.
ANCE OF MAINTENANCE BY COMPANY. IN THE EVENT OF SUCH AN OCCURRENCE, CUSTOMER'S SOLE REMEDY WILL BE THE PROVISION OF ADDITIONAL
SERVICE BY COMPANY IN ACCORDANCE WITH THE TERMS OF THIS MAINTENANCE AGREEMENT.
5. TOLL FRAUD DISCLAIMERIWARNING: Executone of Florida, Inc. disclaims any express or Implied warranty that equipment or software supplied to customer
Is technically immune from or prevents fraudulent Intrusions Into and/or unauthorized use of the system (Including Its Interconnection to long distance
network). Customer Is hereby warned that fraudulent use of the system, Including but not Ilmited to DISA, Auto- Attehdent, Voice Mail, RMATS, 800
and 900 service is possible, and customer sssumse the risk of such.
6. ASSIGNMENT. This Maintenance Agreement may not be assigned by Customer without prior written consent of Company.
7. SUBCONTRACTING. To ensure the prompt and efficient performance of its obligations hereunder, Company may subcontract any of the work to be performed by it
hereunder.
8. AUTOMATIC RENEWAL. This Maintenance Agreement shall be automatically renewed for another period equal in duration to the Term specified in Section 2 (b) (the
"Renewal Term ") unless, 30 days prior to the expiration of this Maintenance Agreement, either Company or Customer shall have given written notice of non - renewal. In the
event of such automatic renewal, the Total Maintenance Fee for the Renewal Term shall be set by Company in accordance with its prevailing rates for such service then in
effect.
9. In the event of default by Customer under this Agreement or the failure of Customer to pay any other amount due Executone, Executone has the right to refuse service,
demand payment in advance of service or to provide service on a C.O.D. basis to Customer. Executone may, in the event of default by Customer, accelerate and declare
due and payable any payments provided for in this Agreement. Customer further agrees that, in the event of its default, it will pay all costs of collection, including reasonable
attorney's fees.
10. Venue for any action arising out of this Agreement shall be in Orange County, Florida.
11. This Agreement may be assigned by Executone in whole or in part.
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