Contract Terms and Conditions
Please print this agreement for your records.
The color printer and service agreement is valued at $5000. We are not requiring you to purchase any additional services. Your obligation is simply to use the printer and purchase all of your ink and supplies (paper purchases not required) from FreeColorPrinters.com.
Please review the terms and conditions below. We will ship your FreeColorPrinter once we receive your agreement. If you have any questions, please call us at 1-888-518-2076 or email us at
freecolorprinters@opbu.xerox.com
OBLIGATIONS OF XEROX. Xerox will provide Customer with the following items for use in Customer's business as described in Customer's Application:
A Free Xerox Phaser 860.
A Free 500 sheet high capacity paper tray assembly.
Free on-site service, in accordance with Xerox general terms and conditions of service.
Free technical support via Web and telephone.
Free access to member educational Web site.
Free shipping of the printer to the U.S. Customer location.
Any taxes imposed on Xerox as a result of this transaction will be the sole responsibility of Xerox.
OBLIGATIONS OF CUSTOMER. Customer will:
Print a minimum monthly volume of prints as specified by the Customer in the Customer's Application. In those months where actual usage is less than the amount specified in Customer's application, Xerox will charge Customer's credit card $75.00.
Provide Xerox with printer usage information by printing the usage report monthly and faxing it to Xerox. If Customer fails to provide usage information in any given month, Xerox will charge Customer's credit card $100.00 for the month. Prior to any such charge, Xerox shall
e-mail a reminder to Customer. In any given month, a customer will not be charged both the $75 usage fee and $100 noncompliance fee.
Purchase all ink and maintenance kits used in the printer from Xerox' FreeColorPrinters
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 Xerox.
Operate and maintain the printer in accordance with the documents 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 Xerox.
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 or written notice to Xerox. Upon receipt of such notice, Xerox 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 Xerox.
XEROX MAY: terminate this Agreement at any time by e-mail or written notice to Customer. Customer shall, at Xerox' option, make the Printer available for pick-up by Xerox or ship the Printer back at Xerox expense in accordance with Xerox instructions. If Customer fails to return the printer to Xerox, Xerox will charge Customer's credit card an amount equal to $100.00 for each month remaining in the term at time of termination.
TITLE AND RISK OF LOSS, SOFTWARE AND INTELLECTUAL PROPERTY. Xerox 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 Xerox 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, Xerox' 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.
LIMITATION OF LIABILITY. IN NO EVENT SHALL XEROX OR ITS VENDORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF CUSTOMER'S USE OR PURCHASE OF THE PRINTER, EVEN IF XEROX OR THE VENDOR HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
SERVICE/DISCLAIMER. As specified in Section 1, Xerox will provide Xerox' 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. XEROX 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 XEROX.
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.
ASSIGNMENT. Customer may not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of Xerox. No attempt to assign or transfer in violation of this provision will be binding upon Xerox.
GOVERNING LAW AND FORUM/ATTORNEY FEES. The rights of the parties hereunder shallbe 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.
NOTICES. All notices shall be given in writing, including e-mail, and deemed effective upon receipt. Notices to Xerox should be sent via e-mail to
freecolorprinters@opbu.xerox.com .