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HomeMy WebLinkAbout11 Attachement 1 Contract with Sierra Office SolutionsDe Lage Landen Financial Services, Inc. Cost Per Copy Agreement Full Legal Name Tax ID No. Purchase Order Requisition Number Phone Number Truckee Donner Public Utility District Financing Corporati (530) 587-3896 Billing Address City State Zip County Email Invoice To: 11570 DONNER PASS ROAD TRUCKEE CA 96161 Make Model Number Serial Number Quantity Description Included B&W Additional B&W Included Color Additional Color (Attach Separate Schedule A If Necessary) Copies Copies Copies Copies = XEROX C8145 6 13,000 .009 8,000 .059 M rs 5 a W = Number of Lease Payments Lease Payment* Plus Applicable Taxes Billed Copies Term of Lease Payment Frequency: onthly ❑ Quarterly ❑ Other W a 60 1,947.42 Plus Applicable Taxes ❑Individual in Months 60 End of Lease Option: COMV ❑ $1 El Other End of Lease Purchase Option shall be FMII unless another option is selected. Ms * Plus Applicable Taxes VConSolidated Security (PLUS) First Period (PLUS) Other (EQUALS) Total Payment `z Lease Payment includes / ❑ does NOT include maintenance/service/supplies [check one] Deposit Payment Enclosed Sales tax Exempt ❑ Please provide valid certificate + + _ TERMS AND CONDITIONS 1. CPC Plan: You (the "User") agree to rent from us (the "Owner") the equipment listed in the "Equipment Description" section of this Cost Per Copy Agreement ("CPC Agreement") and/or any attached Schedule ("Equipment"). You ppromise to pay us a monthly minimum payment, which is an amount equal to the Minimum Monthly Copies multiplied by the Cost Per Copy set forth above ("CPC Payment"), plus the Cost Per Copy Additional Copies ("Additional Copy Charge") on copies in excess of the Minimum Monthly Copies. The Additional Copy Charges will be invoiced at the end of each meter reading period set forth above. This CPC Agreement is effective on the date that it is accepted and signed by us, and the term of this CPC Agreement begins on that date or any later date that we designate (the "Commencement Date") and con- tinues thereafter for the number of months indicated above. CPC Payments are due as invoiced by us. As you will have possession of the Equipment from the date of its delivery, if we accept and sign this CPC Agreement you will pay us interim rent for the period from the date the Equipment is delivered to you until the Commencement Date as reasonab calculated by us based on the CPC Payment, the number of days in that period, and a mon of 30 days. You agree to provide accurate and timely meter readings on the forms or other alternate means specified b us. If meter readings are not received in a timely manner, we may estimate charges. Your CPC Agreement obligations are absolute, unconditional and are not subject to cancella- tion, reduction, set-off, or counterclaim. YOU agree to pay US an origination fee not to exceed $99.00, for originating this Lease and to reimburse OUR expenses for preparing financing state- ments, other documentation costs, and all ongoing administration costs a po ion of which fee will be remitted to supplier. We may increase the CPC Payment and Additional Copy Charge on an annual basis, in an amount not to exceed fifteen percent (15%) of the CPC Payment or Additional Copy Charge in effect at the end of the priorannual period. Security deposits are non - interest bearing and may be applied to cure a CPC Agreement default. If you are not in default, we will return a deposit to you when the CPC Agreement is terminated. When a pa ment is not made when due, you agree to pay us a late charge of five percent (5%) ofyyeach late pay- returned$ON Y WE ARE AUTHORIZED TO WAIVEgOR CHANGE ANY TERM,aPROVISIONaOR CONgqDITIION OF THIS CPC AGREEMENT. gg Equipment yy S2."EAIN MAKE Use WARRANTIES, E PRESSiOR IyMPLIEDnIINCLUDINGpWARRANTIESAOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We transfer to you any manufacturer warranties. You are required at your cost to keep the Equipment in good work- ing condition and to pay for all supplies and repairs and all Equipment shall be subject to a serv- ice contract. If the Equipment is attached to real estate, it remains our personal property and you agree not to permit a lien to be placed upon the Equipment or to remove it without our prior written consent. If the CPC Payment includes the cost of maintenance and/or service provided by a third party, you agree that we are not responsible to provide the maintenance or service. You will make all claims about maintenance and service to the third party. You agree that any claims about maintenance or service will not impact your obligation to pay all CPC Payments when due. 3. Assignment: You agree not to transfer, sell, subrent, assign, pledge or encumber either the Equipment or any rig is under this CPC Agreement without our prior written consent. You agree that we may sell assign or transferthe CPC Agreement, and the new owner will have the same rights and benefits we now have and will not have to perform any of our obligations, and the rights of the new owner will not be subject to any claims, defenses, or setoffs that you may have against us or any supplier. 4. Risk of Loss and Insurance: You are responsible for risks of loss or damage to the Equipment and if any loss occurs you are required to satisfy all your CPC Agreement obliga- tions. You will keep the Equipment insured against all risks of loss or damage for an amount equal to its replacement cost. You will list us as the sole loss payee for the insurance and give us written proof of the insurance. If you do not provide such insurance, you agree that we have the right, but not the obligation, to obtain insurance against theft and phsycial lamagge, and add an insurance fee to the amount due from you, on which we may make a profit. We are not responsible for any losses or injuries caused by the Equipment and you will reimburse us and defend us against any such claims. This indemnity will continue after the termination of this CPC Agreement. You will obtain and maintain comprehensive public liability insurance naming us as an additional insured with coverages and amounts acceptable to us. 5. Taxes: You agree to pay when due, either directly or as reimbursement to us, all sales, use and personal property taxes and charges in connection with ownership and use of the Equipment. We may charge you a fee for administering property tax filings. You will indemnify us on an after-tax basis against the loss of any tax benefits anticipated a. the Commencement Date arising out of your acts or omissions. 6. End of Agreement: You will give us at least 90 but no more than 150 days written notice (to our address below) before the expiration of the initial term of this CPC Agreement(or any renewal term) of your intention to return the Equipment. Provided you have given such timely notice, you shall return the Equipment, freight andpinsurance prepaid, to us in good repair, con- dition and working order, ordinary wear and tear excepted, in a manner and to a location des- ignated by us. If you fail to notify us, or having notified us, you fail to return the Equipment as provided herein, this CPC Agreement shall renew for additional twelve (12) month term, with each CPC Payment and Additional Copy Charge equal to 100% of the CPC Payments and Additional Copy Charges at the expiration of the CPC Aggreement. 7. Default and Remedies: You are in default on this CPC Agreement if: a)you fail to pay a CPC Payment or any other amount when due; or b) you breach any other obligation under the CPC Agreement or an other CPC Agreement with us. If you are in default on the Agreement we may: (i)declare the entire balance of un aid CPC Payments for the full CPC Agreement's term imme diately due and payable to us; (ii� sue you for and receive the total amount due on the CPC Agreement plus the Equipment's end of CPC Agreement term anticipated fair market value (the "Residual"), with future CPC Payments and the Residual discounted to the date of the default at annual rate equal to the lesser of (A) a per annum rate equivalent to that of U.S. Treasury con- stant maturity obligation as reported by the U.S. Treasury Department) that would have a repayment term equal tote remaining CPC A reement term, all as reasonably determined by us, or (B) 3% per annum, plus reasonable coCtion and legal costs; (III) charge you interest on all tfihe monies due at the rate of 18 /° per year or the highest rate permitted bylaw from the date of default; and (iv) require that you immediately return the Equipment to us or we may peaceably repossess it. Any return or repossession will not be considered a termination or can- cellation of the Agreement. If the Equipment is returned or repossessed we will sell or re -rent the Equipment at terms we determine, at one or more public or private sales, with or without notice to you, and apply the net proceeds (after deducting any related expenses) to your obli- gations. You remain liable for any deficiency with any excess being retained by us. 8. Miscellaneous: You agree the CPC Agreement is a Finance Lease as defined in Article 2A of the Uniform Commercial Code ("UCC . You acknowledge we have given you the name of the Equipment supplier and agree that you may have rights under this contract with the sup- plierand may contact the supplier for a description of these rights. If requested, you will sign a separate Equipment acceptance certificate. This CPC Agreement was made in Pennsylvania ( PA"), is to be performed in PA and shall be governed and construed in accordance with the laws of PA. You consent io jurisdiction, personal or otherwise, in any state or federal court in PA and irrevocably waive a trial byy uryry You agree to waive any and all rights and remedies granted to you under Sections 2� 508 through 2A 522 of the UCC. You agree that the Equipment will only be used for business purposes and not for per- sonal, family or household use and will not be moved from the above location without our consent. You agree that this COC Agreement may be executed in counterparts and any fac- simile, photographic or other electronic transmission and/or electronic signing of this CPC Agreement by you when manually countersigned by us or attached to our original signature counterpart and/or in our possession shall constitute the sole original chattel paper as defined in the UCC for all purposes and will be admissible as legal evidence thereof. At our option, we may require a manual signature. We may inspect the Equipment during the CPC Agreement term. We hold title to the Equipment. If this CPC Agreement is determined to be a security agreement, you grant us a security interest in the Equipment. We may file a UCC financing statement on the Equipment. You authorize us to contact you about your accounts in anyway, including at any number or email address at which we believe we can reach you, i even f you are charged for such contact by a provider. You agree that this is a non -cancelable CPC Agreement. The Equipment is: VNEW ❑ USED De Lage Landen Financial Services, Inc. Signature Date Lease Processing Center, 1111 Old Eagle School Road, Wayne, PA 19087 O0 PHONE: (800) 735-3273 FAX: (800) 776-2329 01 Title Print Name 3 Commencement Date Lease Number cs e Legal Name of Corporation DOB Accepted By: Truckee Donner Public Utility District Financing Corpc d W The Equipment has been received, put in use, is in good working order and is satisfactoT and acceptable. a a Signature Date Print Name Title ©2020 All Rights Reserved. Printed in the U.S.A. 200EDOC422v1 3/20