For all you doubters:
FREECOLORPRINTERS.COM CUSTOMER AGREEMENT
1.OBLIGATIONS OF TEKTRONIX. Tektronix will provide Customer with the following items for
use in Customer's business as described in Customer's Application:
- a free Tektronix Phaser 850DP® color printer.
- a free 500 sheet paper tray.
- free black ink as needed for use in the printer.
- free on-site service, in accordance with Tektronix general terms and conditions of
service.
- free technical support via Web and phone.
- free access to Color Connection educational Web site.
- free shipping of the printer to the U.S. Customer location.
Any taxes imposed on Tektronix as a result of this transaction will be the sole
responsibility of Tektronix.
2.OBLIGATIONS OF CUSTOMER. Customer will:
- purchase all ink used in the printer from Tektronix' e-commerce Web site, using a
Visa, MasterCard or American Express credit card and at all times keep a valid credit
card on file with Tektronix.
- print a minimum monthly volume of prints as specified in your Application. Tektronix
will charge Customer's credit card $75.00 in those months where actual usage is
less than 80% of that specified in Customer's application.
- provide Tektronix with printer usage information by using the printer's built-in
reporting system. The printer will be configured by Tektronix to periodically e-mail a
usage report to Tektronix. If Customer's e-mail system does not support this
feature or if Customer chooses to disable this feature, Customer will print the
usage report monthly and Fax it to Tektronix. If Customer fails to provide usage
information in any given month, Tektronix will charge Customer's credit card
$100.00 for the month. Prior to any such charge, Tektronix shall e-mail a reminder
to Customer.
- operate and maintain the printer in accordance with the user manual provided with
the printer.
- update Customer's contact information, including e-mail address, as appropriate.
- not relocate the printer without the prior e-mail consent of Tektronix.
3.TERM AND TERMINATION. This agreement is effective on the date Customer "ACCEPTS"
and has a term of three years, but may be terminated earlier as provided below.
CUSTOMER MAY: terminate at any time by e-mail notice to Tektronix. Upon receipt of such
notice, Tektronix will promptly e-mail return shipping instructions to Customer. Customer
is responsible for costs of packaging and shipping and for any obligations that have
accrued prior to the date the Printer is returned to Tektronix. TEKTRONIX MAY: terminate
this Agreement at any time upon 30 days e-mail notice to Customer. Customer shall, at
Tektronix' option, make the Printer available for pick-up by Tektronix or ship the Printer
back at Tektronix expense in accordance with Tektronix instructions. If Customer fails to
return the printer to Tektronix, Tektronix will charge Customer's credit card an amount
equal to $100.00 for each month remaining in the term at time of termination.
4.TITLE AND RISK OF LOSS, SOFTWARE AND INTELLECTUAL PROPERTY. Tektronix or its
leasing company shall retain title to the Printer during the term of this Agreement. At the
conclusion of the three-year term, title automatically passes to Customer. Risk of loss for
the Printer shall pass to Customer upon delivery. Title to software shall remain with
Tektronix or its licensors. Software is provided under license, subject to the terms of a
separate license agreement, a copy of which is included with the Printer. In general,
Tektronix' licenses permit reproduction only for use of the equipment for which the
software was originally acquired and prohibit disassembly, decompiliation and reverse
engineering. Customer may use or reproduce the software only as permitted by the
license.
5.LIMITATION OF LIABILITY. IN NO EVENT SHALL TEKTRONIX OR ITS VENDORS BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
CUSTOMER'S PURCHASE OR USE OF THE PRINTER, EVEN IF TEKTRONIX OR THE VENDOR
HAS ADVANCED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
6.SERVICE/DISCLAIMER. As specified in Section 1, Tektronix will provide Tektronix' standard
full service coverage for the Printer, for the three year term of this Agreement. HOWEVER,
THE PRINTER IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TEKTRONIX DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF
THIS AGREEMENT IS RETURN OF THE PRINTER TO TEKTRONIX.
7.WAIVER. The failure of either party to enforce any provision of this Agreement shall not be
construed as a waiver of such provision or the right thereafter to enforce each and every
provision. No waiver by either party, express or implied, of any breach of this Agreement
shall be construed as a waiver of any other breach of this Agreement.
8.ASSIGNMENT. Customer may not assign or otherwise transfer its rights or obligations
under this Agreement without the prior written consent of Tektronix. No attempt to assign
or transfer in violation of this provision will be binding upon Tektronix.
9.GOVERNING LAW AND FORUM/ATTORNEY FEES. The rights of the parties hereunder shall
be governed by and construed in accordance with the laws of the State of Oregon, USA
and any litigation hereunder shall be brought in the federal or state courts of Oregon. If
litigation is commenced by either party to enforce this Agreement, the prevailing party
shall be entitled to recover its reasonable costs and attorney's fees, both at trial and on
appeal.
10.NOTICES. All notices shall be given in writing, including e-mail, and deemed effective upon
receipt. Notices to Tektronix should be sent via e-mail to
freecolorprinters@tek.com.