Reso 2001-313 - Laserfiche WebLink

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10. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City to Christopher J. Russo - City Manager, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is Copyco, 1011 S.w. 3Uh Avenue, Deerfield Beach, Florida 33442, (954) 428-1300 phone (954) 480-6713. 11. Governine: Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 12. Service Hours. Service will be provided during the regular business hours and during non-business hours if requested by the City. 13. Equipment Acceptance. Contractor reserves the right to inspect the equipment to be covered under this agreement, prior to acceptance of this agreement, for functionality, physical condition, and equipment environment. 14. Access to Equipment. The City shall allow ready access to the equipment to be serviced and the use of necessary machines, heat, light and power at no charge to Contractor. A customer representative of eighteen or over years of age shall be on the premises during the performance of maintenance services. 15. Year 2000 Disclaimer. Information referring to the year 2000 ready status of the equipment and software included in the above-mentioned telecommunication and computer equipment is provided by the original equipment manufacturer. The manufacturer warrants all of its products accordingly. The seller makes no claim or warrants the readiness of the equipment for Year 2000. All third party products, hardware or software should be researched with original product developer. 16. Adds. Moves & Chane:es. Contractor must provide all adds, moves and changes to the equipment. Programming, adds moves and changes are not provided as regular maintenance service and will be billed separately. Movement of the equipment to a remote location from a Contractor point of service could result in additional travel charges for maintenance. Failure of equipment during a relocation not utilizing Contractor assistance is not covered under this agreement. Repair of such failure will be billed at the then current time and materials service rate. 17. Warranties. All goods sold hereunder are warranted, if at all, by the manufacturer and not by the Contractor and the City should look solely to manufacturer for any defect thereunder. All other warranties, expressed or implied, and including, but not limited to warranties or merchantability and fitness for intended or particular purpose, are expressly Page 3 of5 Copy Machine Lease & Maintenance Agreement - Copyco