{"id":20378,"date":"2025-02-28T15:38:45","date_gmt":"2025-02-28T15:38:45","guid":{"rendered":"https:\/\/secur-serv.com\/?page_id=20378"},"modified":"2025-02-28T16:23:49","modified_gmt":"2025-02-28T16:23:49","slug":"omr_maintenance_services_agreement","status":"publish","type":"page","link":"https:\/\/secur-serv.com\/legal\/omr_maintenance_services_agreement\/","title":{"rendered":"OMR Maintenance Service Agreement Terms Copy"},"content":{"rendered":"

Secur-Serv Inc. (\u201cSecur-Serv\u201d), will provide the customer (\u201cCustomer\u201d) signing this Optical Mark Reader (\u201cOMR\u201d) Maintenance Service Agreement (the \u201cAgreement\u201d) services to repair or replace parts necessary to keep the equipment listed in the attached schedule (the \u201cEquipment\u201d) in proper operating condition and will make necessary adjustments to keep the Equipment in proper operating condition.<\/p>\n

    \n
  1. Customer, by its acceptance signature hereon, agrees to furnish Secur-Serv with quantities, model numbers, and when possible, serial numbers for the Equipment to be covered. Customer also agrees to notify Secur-Serv of modifications to the Equipment inventory.<\/li>\n
  2. Preventive maintenance and cleaning inspections will be performed according to Secur-Serv\u2019s published Preventive Maintenance Schedule.<\/li>\n
  3. Replacement parts will be provided at no charge except for those parts which by their nature are considered consumable (example: ribbons, paper, print bands, organic photo conductor kits). Secur-Serv agrees to maintain at its location the stock of parts it considers adequate to maintain the Equipment.<\/li>\n
  4. Customer, by its acceptance signature hereon, agrees to notify Secur-Serv by telephone or in writing of all service call requests. Secur-Serv agrees to respond to those calls in a timely manner.<\/li>\n
  5. Onsite
    \nService calls will be made at Customer’s premises during regular business hours defined as Monday through Friday between 8 A.M. and 5 P.M. except for Secur-Serv\u2019s observed holidays.\u00a0 The cost of mileage and labor to affect such service calls will be borne by Secur-Serv.<\/span><\/li>\n
  6. Enhanced Depot
    \nUpon equipment failure, Customer shall notify Secur-Serv during regular business hours.\u00a0 Upon notification, Secur-Serv will ship via next day air a similar\/equivalent loaner machine to Customer.\u00a0 Upon receipt, Customer must immediately return failed Equipment via the enclosed shipping label to an authorized United Parcel Service drop-off location or driver.\u00a0 Secur-Serv will repair the failed Equipment and return to Customer.\u00a0 Upon receipt of the original Equipment, customer will return the loaner machine back to Secur-Serv via the enclosed shipping label to an authorized United Parcel Service drop-off location or driver.\u00a0 In the event Customer fails to return the loaner equipment within ten (10) business days, the customer shall be charged the full retail value of the loaner machine.<\/span><\/li>\n
  7. Central Exchange
    \nIn the case of Equipment failure, Customer shall promptly call Secur-Serv Call Center for diagnosis and consultation.\u00a0 Within one (1) working day of the diagnosis, Secur-Serv will ship a replacement for the Equipment.\u00a0 Customer shall install the replacement per Secur-Serv specifications.\u00a0 Within five (5) business days of receipt of the replacement, Customer shall return the original, faulty Equipment to Secur-Serv via the enclosed shipping label to an authorized United Parcel Service drop-off location or driver.\u00a0 In the event the customer fails to return the failed Equipment within ten (10) business days, Customer shall be charged the full retail value of the Equipment.<\/span><\/li>\n
  8. Depot
    \nCustomer shall ship, at their own expense, failed Equipment to Secur-Serv\u2019s Depot Service Center.\u00a0 Secur-Serv will restore the equipment to good operating condition.\u00a0 Secur-Serv will then ship the equipment back to the Customer location.\u00a0 The cost of return shipping shall be paid by Secur-Serv.<\/span><\/li>\n
  9. Costs of mileage and labor necessary to make service calls other than during normal business hours will be charged to Customer separately at Secur-Serv\u2019s then current rates.<\/li>\n
  10. Maintenance provided under this Agreement shall extend to service, repairs and replacements made necessary by normal wear and usage of the Equipment. \u00a0Maintenance provided under this Agreement shall not include any service, repairs or replacements required or made necessary as a result of the use of non-standard software, hardware or forms, electrical power failure, fire, theft, software virus, water, casualty, employee negligence, abuse, misuse, inadequate or inappropriate environment, room size, inadequate ventilation, or other external forces.<\/li>\n
  11. Secur-Serv warrants that the maintenance services provided under this Agreement will be provided in a professional and workmanlike manner. Secur-Serv\u2019s responsibility under this Agreement is limited to providing service, replacement or repair, in full satisfaction of all of Customer\u2019s claims relating to the maintenance services. \u00a0SECUR-SERV DOES NOT WARRANT THAT CUSTOMER\u2019S USE OF THE EQUIPMENT WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE OR THAT DEFECTS IN THE EQUIPMENT WILL BE CORRECTED.\u00a0 THE WARRANTIES AND REMEDIES SET FORTH IN THIS SECTION 11, ARE EXCLUSIVE AND ARE IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SECUR-SERV.\u00a0 CUSTOMER HEREBY WAIVES ALL OTHER RIGHTS AND REMEDIES WITH RESPECT TO ANY SERVICE, MAINTENANCE OR OTHER ITEM FURNISHED BY OR ON BEHALF OF SECUR-SERV UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.<\/li>\n
  12. Secur-Serv\u2019s entire liability, whether in contract, tort (including negligence), product liability, strict liability, or other legal or equitable theory, for any claim arising from or related to this Agreement or any maintenance, services or other items furnished or to be furnished under this Agreement, will in no event exceed the fees paid to Secur-Serv by Customer for such services during the three (3) month period immediately preceding the occurrence of the event giving rise to the cause of action. No action related to this Agreement may be brought more than two (2) years after the occurrence of the event giving rise to the cause of action.IN NO EVENT WILL SECUR-SERV BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR LOST DATA, LOST PROFITS, INTEREST OR COST OF MONEY; OR FOR COVER; OR FOR ANY DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SECUR-SERV\u2019S PERFORMANCE OR NONPERFORMANCE OR THE USE OF, INABILITY TO USE OR RESULTS OF USE OF ANY ITEM OF MAINTENANCE OR SERVICES.<\/li>\n
  13. During the term of the Agreement, and for a period of one (1) year thereafter, neither party shall hire personnel of the other party involved in the efforts performed hereunder, without the express written consent of the other party.<\/li>\n
  14. Customer further agrees to pay net due invoices rendered by Secur-Serv within thirty (30) days of the invoice date in consideration of the above-described service. Interest will be assessed on all outstanding balances at the rate of 1.5% per month, or the maximum rate allowed by law, whichever is less.\u00a0 Customer agrees that Secur-Serv shall have the right to offset any amounts owed by Secur-Serv to Customer under other contracts, purchase orders, or agreements between the two parties against any non-current, unpaid invoices, claims, or demands for payment owed to Secur-Serv by Customer hereunder.<\/li>\n
  15. Customer shall pay or reimburse Secur-Serv for any taxes now or hereafter imposed, levied or based on this Agreement, or on the services rendered or parts supplied pursuant to this Agreement, including the sales and use taxes, personal property taxes and excise taxes based on gross revenue.<\/li>\n
  16. This Agreement shall become effective upon acceptance by Secur-Serv. It shall remain in effect for the period stated and be automatically extended for successive periods of one (1) year unless and until terminated.\u00a0 However, either party may, at any time, terminate this Agreement upon ninety (90) days written notice.\u00a0 If terminated, Secur-Serv will in turn prorate on a basis of 1\/12 per month, the unused portion of any fee which has been paid.<\/li>\n<\/ol>\n

     <\/p>\n","protected":false},"excerpt":{"rendered":"

    Secur-Serv Inc. (\u201cSecur-Serv\u201d), will provide the customer (\u201cCustomer\u201d) signing this Optical Mark Reader (\u201cOMR\u201d) Maintenance Service Agreement (the \u201cAgreement\u201d) services to repair or replace parts necessary to keep the equipment listed in the attached schedule (the \u201cEquipment\u201d) in proper operating condition and will make necessary adjustments to keep the Equipment in proper operating condition. Customer, […]<\/p>\n","protected":false},"author":4,"featured_media":951,"parent":8510,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"content-type":"","footnotes":""},"folder":[],"class_list":["post-20378","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/pages\/20378","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/comments?post=20378"}],"version-history":[{"count":0,"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/pages\/20378\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/pages\/8510"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/media\/951"}],"wp:attachment":[{"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/media?parent=20378"}],"wp:term":[{"taxonomy":"folder","embeddable":true,"href":"https:\/\/secur-serv.com\/wp-json\/wp\/v2\/folder?post=20378"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}