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Rental Accøuøt #
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~ Your Business Infønnation
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FULL LEGAL NAME OF RENTER C;' J ' d f 0) it i /¡ d
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STATE AND LOCAL GOVERNMENT TERM RENTAL AGREEMENT
CAN #
ORDER #
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BILLING ADDRESS Á- I !
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PHONE # / J ,"".) :Jv!- . ~/ CONTACT NAME
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STATE
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SEND INVOICE TO ATTN OF
EQUIPMENT LOCATION IF NOT SAME AS ABOVE
CITY
STATE
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CREDIT CARD #
EXP DATE
NAME ON CARD
TYPE
FISCAL PERIOD FROM
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TAX EXEMPT #
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~ Your BusIness Needs
t:IIECIC ITEIIS TO BE 8:U/ØED . røœ I'EIIIOD I'AYIIIEIIr
0 EquIpaIeRt IIainIeIIaIICe J8reement On Rental
0 Soft-Guanl Agreemeøt
0 Meter 0. IIeIIIaII
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0 Softw¡n MalnIeIl8Ce Agree1118IIt
Payment Schedule I Billing
~ Your paYfll8ld Plan
Initial Rental Term: 5 I
Frequency 0 Monthly 0 Quarterly ~ Other (specify
~ Rental Ji1mIs and CDnditiøns
By your signature as "Renter" below, you request that we rent to you \he equipment descñbed above or on any schedule
attached hereto (\he "Equipment") lor essential govemmen1aI purposes in consideration of your payment to us of the amoun1s
set forth in the Payment Schedule, subject to \he terms and conditions provided in this Agreement. For purposes of this
Agreement, all payments set forth in the Payment Schedule shall be referred to as the "Total Payments." The payments
referred to in \he Payment Schedule other than \he "Anal Payment" shall be referred to singularly as a "Period Payment"
and collectively as the "Period Payments." Your offer will be binding on us when we accept it by having an authorized
employee sign it. All payments hereunder shall be payable only to us at our executive offices unless we direct you
otherwise in writing.
1. NON-APPROPRIATION. You warrant that you have funds available to pay the Total Payments until the end of your
current fISCal period, and shall use your best efforts to obtain funds to pay \he Total Payments in each subsequent fISCal
period through the end of your Initial Term. If your appropriation request to your legislative body, or funding authority
("Governing Body") for funds to pay the Total Payments is denied, you may terminate this Agreement on the last day of the
fISCal period for which funds have been appropriated, upon (ij submission of documentation reasonably satisfactory to us
evidencing the Governing Body's denial of an appropriation sufficient to continue this Agreement for the next succeeding
fiscal period, and (ii) satistaction of all charges and obligations under this Agreement incurred through the end of the fiscal
period for which funds have been appropriated, including the return of the Equipment at your expense.
Arst months $ per month
Next months $ per month
Next months $ per month
Anal Payment $ 100.00
Inmal Check Amount $
SIGNATURE \:~,?~~
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TITLE
PRINT NAME
DATE
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PB ACCOUNT REP NAME .J ) rn
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EMPLOYEE #
DISTRICT NAME & #
PB ACCEPTED BY TITLE DATE
EXECUTIVE OFFICE: 27 WATERVIEW DR . SHELTON, CT 06484-4361 . EQUIPMENT VENDOR: PITNEY BOWES, INC. . FOR SALES AND SERVICE CALL 1-800-322-8000
WHITE COpy PBCC . PINK COpy PITNEY BOWES INC. . YELLOW COPY CUSTOMER
PAGE 1
SEE PAGE 2 FOR ADDITIONAl TFRM~ ANn r.oNnITlON~
PB SLR2 (8/01)
2. TERM. This Agreement shaii commence on the date of deiivery of the Equipment and shall
continue until the earlier of: (i) termination at our option upon the occurrence of an event of default,
or (ii) the occurrence of an event,of a non-appropriation under Section 1, or (iii) the expiration of the
Initial Rental Term and your payment of all Total Payments and other sums dúe, and your fulfillment
of all other obligations, under this Agreement.
3. EQUIPMENT MAINTENANCE AGREEMENT ("EMA"). If you select Equipment Maintenance, we shall
provide, under the EMA, maintenance and emergency repair services on the Equipment, including new
(or equivalent) parts required due to normal wear, during normal business hours. We may assess
additional hourly charges for service performed outside normal business hours. Service and repairs
due to negligence, misuse, extemal forces, loss of electrical power, power fluctuation, use of supplies
not meeting our specifications, or service supplied by third parties are excluded. Consumable supplies
and rate program software for electronic scales are not included under the EMA.
4. SOFT-GUARD AGREEMENT. If you select SOFT-GUARD, you have subscribed to the SOFT.GUARD
Rate Protection Plan with us, and we shall provide up to six (6) qualified PROM or Disk
replacements (media) over a twelve month period at no additional charge. The SOFT.GUARD
Agreement covers the following types of events: (i) Postal or carrier rate increases or decreases, (ii)
changes in service provided by carriers (e.g. required new report formats, or geographical
expansions), and (iii) all Zip Code or zone changes. The following types of events are not covered by
the SOFT.GUARD Agreement: (a) custom rate changes. (b) new classes of service offered by
carriers, and (c) new PROMs or Disks (media) needed to establish a new home Zip code due to a
change in equipment location.
5. SOFTWARE MAINTENANCE AGREEMENT ("SMA"). If you select Software Maintenance, we shall
provide, under the SMA, at no additional charge, toll free telephone techlllcal assistance relating to
software programs and updated versions. i.e., fixes and minor enhancements (excluding postal or
carrier rate changes) of the licensed program. If you are renting addressing products, the SMA
provides Addressing Software Update subscriptions covering quarterly national and state updates to
tile Pitney Bowes national address directory, as well as required periodic and/or random software
updates needed to comply with changes of United States Postal Service regulations or databases.
6 METER BILLING. If you select Meter on Rental, you have entered into a Postage Meter Rental
Agreement. Refer to your Postage Meter Rental Agreement for its terms and conditions.
NO~Nithstanding anything contained herein. any meter(s) will at all times remain our property.
7. AUTOMATIC PROM REPLACEMENT. If you did not select SOFT. GUARD, we shall provide without
further request from you, Automatic PROM Replacement embodying software or rate changes. You
shall receive notice when replacements become available, and may order replacement PROMS
whenever there is a change in a carrier's service coverage. You agree to pay the then current list
price for each PROM ordered for delivery with the Equipment or supplied under the above terms,
except that there shall be no charge for the replacement PROMs issued within 90 days after the
equipment installation.
B. WARRANTIES. We warrant the Equipmeot, PROMs and Software coverêd by this Agreement
(excluding consumable parts and supplies) to be free from defect in material, workmanship, or
programming for 90 days following installation. If, during this time, you have any problems (not
resulting from accident or misuse), we will repair or, at our option, replace any such defective item.
PROMs and software are programmed with rates and computation methods which may be specific
to a carrier or regulated by a government agency. If such rates or methods are changed by the
carrier or the agency within these 90 days. we will update or replace affected PROMs or SofhNare to
reflect current rates and methods. We will assume the obligations stated herein onlv if you operate
the Equipment, PROMs and Software in accordance with their published operating instructions and
only for the ordinary purposes for which they were designed THIS IS THE ONLY WARRANTY
APPLICABLE TO THIS AGREEMENT, THE EQUIPMENT, PROMS AND SOFTWARE, AND IS EXPRESSLY IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABiliTY. FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY REPAIR OR
REPLACEMENT OF THE EQUIPMENT IS YOUR SOLE REMEDY FOR BREACH OF WARRANTY. WE
ASSUME NO RESPONSIBILITY FOR ANY DAM.~GES INCURRED BY REASON OF THE FAILURE OF THE
EQUIPMENT. PROMS OR SOFTWARE TO OPERATE AS INTENDED, INCLUDING INCIOENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES.
9. COMPUTATION OF TOTAL PAYMENT. You shall pay each and every Period Payment for the entire
Initial Rental Term, subject to the Governing Body's right not to appropriate as provided in Section 1
The amount of each Period Payment is based on the cost of the Equipment, inclusive of all reiated
expenses (plus, at your requesl, any unpaid balances for amounts due and/or to become due from a
previous Agreement less any product ~i3countialloViance, plus amounts due for additional services
selected by you such as EMA. Soft. Guard Agreement SMA. and Meter On Rental) We may
Increase the Penod Payment as a result of any impoSition of. or iGcreöses .n tê.ŒS prc,vi,jed
';h3rge3 You authorize Plt:'ey Bowes Credit Ci!ipcratior
0" paga '
Pe"'x; Pavment
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11. INSURANCE. You are responsible for Equipment loss, damage or destruction from any cause,
whether or not insured. You shall provide, maintain, and pay for: (a) insurance against Equipment
loss, theft, or damage, for the full replacement value thereof, with loss payable to us, and (b) public
liability and property damage insurance naming us as an additional insured. No Equipment loss,
theft or damage shall relieve you of your obligation to pay the Period Payments or any other
obligation under this Agreement.
12. TAXES; NO LIENS. You shall payor reimburse us, as we direct, for all charges and taxes
incurred by us which are based on or measured by this Agreement, the billing or receiving of Total
Payments, documentation relating to this Agreement (including stamp taxes) and the sale, purchase,
ownership, renting, value (including personal property type taxes), possession, or use of the
Equipment, Meters, or software. You shall keep the Equipment, meters, and software free and clear
of all liens and encumbrances. Your obligations under this Section shall commence upon Agreement
execution and survive termination or cancellation of this Agreement.
13. DEFAULT. If you fail to pay when due any amount required, or fail to periorm any other
obligation under this Agreement, we may, at our option and without demand or notice, take one or
any combination of the following actions: terminate this Agreement, take possession of the
Equipment (including meters), declare the entire amount of all Total Payments, and other amounts
due and to become due, for the then current fiscal period for which funds have been appropriated to
be immediately due and payable, and pursue any other remedy permitted by law or in equity. You
will be responsible for all related damages and legal and other costs and expenses (including
reasonable attorney's fees) incurred by us in enforcing the provisions herein.
14. NOTICES. All notices under this Agreemeot shall be mailed, first class postage prepaid, to the
recipient at its address on page one hereof, or at such other address as each party may provide in
writing from time to time Such notices shall be effective on the date they are mailed.
15. REPRESENTATIONS; MISCELLANEOUS, You represent and warrant that: (a) you are duly
authorized to execute and deliver this Agreement and all procedures have been met so that this
Agreement is legal, valid. binding and enforceable against you: and you shall not permit the
Equipment to be used in a trade or business of any other person or entity; (b) you shall use the
Equipment only in the manner specified in the manuals and instructions covering the Equipment
and, at your expense, keep the Equipment in good repair, condition and working order; (c) you shall
timely file an information reporting return (e.g. Form 8038 . GC or. as necessary, Form 8038 . G)
with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code
of 1986. as amended (the "Code"), and the regulations thereunder, and you hereby appoint us as
your Agent for the purpose of maintaining a registration system as required by Section 149(a) of the
Code; and you are (and shall continue to be) a State or local government entity, and that any
obngation arising out of this Agreement constitutes an obngation by or on behalf of a state or
pontical subdivision thereof, withm the meaning of Section 103 of the Code and the regulations
thereunder You acknovilledge that this Agreement is entered into based on the assumption that the
interest portioll of each Period Payment is not includible in gross income of the owner thereof for
Federal income tax purposes under Section 103(a) of the Code. A portion of each Period Payment
you shall pay includes interest. If any interest is determined not to be excludible from gross income
in accordance with Section 103(a) of tile Code, your Period Payment shall be adjusted in an amount
sufficient to maintain our original after tax yield utilizing our consolidated marginai tax rate, which
adjusted Penod Payments you agree to pay as provided in this Agreement, subject to Section 1. The
rate at which the interest portion of Period Payments is calculated is not intended to exceed the
maximum rate or amount of interest permitted by applicable law. If such interest portion exceeds
such maximum, then at our option, if permitted by law, the interest portion will be reduced to the
legally permitted maximum amount of interest, and any excess will be used to reduce the principal
amount of your obngation or be refunded to you. This Agreement contains the entire agreement of
the parties concerning the subject matter of this Agreement All prior commitments, proposals and
negotiations concerning the subject matter of this Agreement are merged into this Agreement This
Agreement may only be amended, modified, supplemented or superseded by a written agreement
signed by both parties. No provision of this Agreement can be waived except by our written
consent YOU MAY NOT ASSIGN. TRANSFER, OR SUBLET ANY INTEREST IN THIS AGREEMENT OR
THE EQUIPMENT WITHOUT OUR PRIOR WRITTEN CONSENT. We shali not transfer or assign this
Agreement, provided however, we may have Pitney Bowes Credit Corporation service this Agreement
for us.
16. SECURITY AGREEMENT; PERSONAL PROPERTY. You grant to us, as the Secured Party. a security
interest in the Equipment and all additions. attachments. accessions, and substitutions thereto
!excluding any meter(si to which you do not hold title) and authorize us to file a financing statement
with respect to such security Interest. The Equipment shall remain personalty and oat reaity.
17. OPTION. to return the Equipment the same condition as. when
re3sDfabie wear '!n,j tea: excepteG) to us aI the end the initial Renta' 'efT and
we sr:all credit you' account in an amount equal to you: Final Payment.
-nust notify .is prior to the due date of your Final Payment anc:
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