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3792 Schedule A Toshiba of Canada limited AgreementJanuary 27, 2014 Dear Toshiba of Canada Limited: This constitutes a Letter of Intent to enable Town of Tillsonburg to contract for the supply and installation of digital multi-functional equipment for a period of 48 months from the date of installation to replace the existing 'fleet' in accordance with terms and conditions as outlined in the REQUEST FOR PROPOSAL-MULTI-FUNCTION PHOTOCOPIERS issued by The City of Woodstock, The Town of Tillsonburg, and County of Oxford on November 12, 2013 and Toshiba of Canada Limited's (Toshiba) responding proposal and any supplementary clarifications. The pricing model chosen for this contract will be the lease plus service model billed monthly on a summary invoice. In addition, the following terms and conditions will also apply to the contract: Complete maintenance and ongoing support for each piece of equipment is required. Toshiba will ensure that all equipment is in good working order at all times and will promptly repair and or replace any equipment as required. OE Canada Inc. will be your single point of contact for service calls for all units supplied by Toshiba. When a service call is placed the County and its participating agencies require 4 hour average on site service response during regular business hours, Monday -Friday 8:30 a.m. -4:30 p.m. (excluding weekends and statutory holidays). a) When a service call is performed, OE Canada's maintenance personnel shall thoroughly clean the work area and properly dispose of any discarded materials after servicing the equipment. b) Service centers must be the manufacturer's authorized service representative for the equipment. The Contractor shall keep the operation under their control and shall not assign, transfer or sublet any portion c) It is a condition of the contract that the equipment's performance should meet or exceed the performance standard offered in this Tender for the duration of the contract. d) In the unlikely event that performance standards are not being met the Town or its agencies are to contact Toshiba in writing to indicate the performance standard that is not being met. Toshiba will then have 30 days to rectify the problem. If after 30 days the problem has not been resolved then the Town or its agencies will have the right to have affected device replace with a like for like model, or returned without penalty. The Town and its participating agencies further reserve the right to return a device where the performance, copy quality or maintenance and service deteriorate without sufficient action by the vendor to rectify the problems after the 30-day written notice period. Such cancellation shall not result in any penalty whatsoever to the Town or its participating agencies. e) In the event of excessive, unscheduled service calls owing to equipment malfunction, the Contractor shall replace the equipment in question with equal or better than, without change in contract prices upon a 30-day written notice to do so from the County or its participating agencies. Service calls due to end user misuse or abuse will not qualify as an unscheduled service call. f) The Contractor must restore equipment requiring service to previous operating conditions or replace such equipment with like kind within 24 hours of notification of said failure (excluding weekends and statutory holidays). If a call is placed on a weekend or public holiday, service must be received by 5:00p.m. the following workday. This Letter of Intent shall prevail pending, and subject to, the formal approval of this expenditure by Town Council. We understand that, upon receipt by Toshiba of this signed Letter of Intent, confirmation of Council approval must be provided to Toshiba prior to ordering of equipment. Toshiba of Canada Limited and OE Canada Inc. may proceed to carry out the necessary pre-installation preparations necessary to enable the complete and successful implementation of the complete 'fleet' as soon as possible. MAY~~ CLERK-Donna Wilson