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Maintenance Services Description
HTE VAR, LLC. (We) agree to provide IBM Maintenance Services for machines described in an Attachment to our
Customer (You) under the terms of this Agreement. We do not provide Maintenance Services under the terms of your
purchase order.
Maintenance charges are not refundable after coverage has started for the Machine. However, if you sell a
Machine, you may transfer coverage to the buyer/third party. If you transfer coverage for a Machine to a third party, you
agree to inform that party 1) of the applicable terms of this Agreement and 2) that it must notify us in writing of the
transfer,the location of the Machine, and acceptance of coverage.
IBM will specify the eligible Machine types and available contract periods. We will list, in an Attachment, the Machines
covered,and the coverage start and end dates for each Machine.
Each of us agrees that if a feature, upgrade, or conversion is installed on a Machine while it is under this Maintenance
Services Agreement, 1) an additional charge may apply and 2) the feature, upgrade, or conversion is subject to the
remaining portion of the contract period.
Maintenance Charge: $ 74.00 Maintenance Contract Term_03/22/04—09/30/07
10/01/05—09/30/06-$37.00
10/01/06—09/30/07-$37.00
Machines Covered: 7852-40Z sn 42L8196 Fiscal Alignment
This Agreement, Attachment A, the End User Information Notice, and the Additional Terms on page 2 form our
complete agreement regarding these Maintenance Services and replace any prior oral or written communication
between us. By signing below, both of us agree to these terms.
Agreed to:(Customer legal name&address) Agreed to:
Rancho Palos VerdeZ.);, HTE VAR,LLC
30940 Hawthorne Blvd ' 3168 Mercer University Drive, Suite 100
Rancho Palos Verde, CA 90275 Chamblee,GA 30341
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Authorized Signature Authorized Signature
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Agreement Number: 2005093001 LB
Revised 12/12/00
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Additional Terms
Prices and Payment
The amount payable for Maintenance Services is a fixed price. Depending on particular circumstances, as described
below under Maintenance Services, additional charges may apply. We will inform you in advance whenever additional
charges apply. Maintenance Charges are due within 30 days from the invoice date. Amounts past due are subject to a
late payment charge of 1.5%per month. You agree to pay accordingly. You also agree to pay applicable sales taxes or
to supply exemption documentation. This contract term is for 5 years and covers the items listed in the Attachment for
Maintenance Services.
Types of Maintenance Service for Machines
When a type of service involves the exchange of a Machine or part, the item replaced becomes IBM property and the
replacement becomes yours. You represent that all removed items are genuine and unaltered. Before IBM exchanges a
Machine or a part, you agree to remove all features, parts, and attachments not under our service. You also agree to
ensure that the item is free of any legal obligations or restrictions that prevent its exchange.
Maintenance Services
IBM will restore the Machine to good working order or exchange it, based on the type of service selected for the
Machine. IBM may inspect a Machine within one month following the date Maintenance Services begin. If the Machine
is not in an acceptable condition for service, you may have IBM restore it for a charge. Alternatively, you may withdraw
your request for Maintenance Services. However, you will be charged for any Maintenance Services which we have
performed at your request. Maintenance Services do not cover accessories, supply items, and certain parts, such as
batteries, frames, and covers. In addition, Maintenance Services do not cover service of a Machine damaged by
modification, misuse, accident, unsuitable physical or operating environment, improper maintenance by you, removal or
alteration of Machine or parts identification labels, or failure caused by a product for which we are not responsible.
Unless otherwise agreed, Maintenance Services do not cover service of Machine alterations.
Warranty
We warrant that IBM performs Maintenance Services in a workmanlike manner. THIS WARRANTY REPLACES ALL
OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.We do not warrant uninterrupted or error-free operation of any Maintenance Service.
Limitation of Liability
In the unlikely event, because of a default on our part or other liability, you are entitled to recover damages from us, in
each instance, regardless of the basis on which you are entitled to claim damages from us, we are liable only for an
amount no greater than the sum of all payments you have made. Under no circumstances are we responsible to
you or third parties for 1) loss of, or damage to, your records or data; or 2) special, incidental, or indirect
damages or for any economic consequential damages (including lost profits or savings), even if we are
informed of their possibility.
Disputes
The laws of the State of California govern this Agreement.Any controversy or claim rising out of or relating to this
Agreement,or the breach of this Agreement,shall be settled by arbitration in accordance with the rules of the American
Arbitration Association at a hearing in California.A judgment of a court having jurisdiction may be entered upon the
arbitrator's award.The prevailing party, in addition to all other sums to which it may be entitled, may call upon the other
party to pay their reasonable expenses(including attorney fees) relevant to the claim.
Revised 12/12/00