TERM

A. This Agreement is effective from the commencement date indicated on the face of this Agreement and shall continue for the period of time or the number of copies specified under "Termination Date". This Agreement will terminate on the first of the following to occur (1) midnight on the day indicated under "Terminate Date", or (2) a copy volume as indicated under "Termination Date".

B. Unless Terminated by either party upon 30 days written notice received prior to the original or subsequent termination dates, this Agreement shall be automatically renewed to additional terms of the same amount of time or the same number of copies as the term.

ELIGIBILITY FOR SERVICE AGREEMENT AND MAINTENANCE

A. This Agreement covers the Equipment listed on the face of this Agreement owned by the Customer at the location specified under "location". Sale, assignment or relocation of the equipment voids A-Plus obligation to service the Equipment.

B. This Agreement is effective only upon acceptance by an authorized officer of A-Plus and is subject to a full inspection of the Customer's Equipment.

SERVICE RESPONSIBILITIES OF A-PLUS

A. A-Plus shall maintain the Equipment in good operating condition and furnish service during the service hours set forth in Paragraph 6. In fulfillment of the above A-Plus shall:

1. Provide scheduled preventative maintenance (PM) based on the specified needs of the Equipment as determined by A-Plus.

2. Provide unscheduled, on-call remedial maintenance as required during the service hours following notification by the Customer that the Equipment is inoperative, and

3. Provide maintenance, materials, tools, documentation and test equipment necessary for the maintenance and service described herein.

B. A-Plus will provide and bear the costs of labor (during normal working hours), travel and parts under this Agreement for maintaining the specified Equipment in good operating condition, when service is required because of normal wear and tear.

C. If at any time during the Term, the Equipment, in A-Plus' opinion, cannot be properly or economically repaired or serviced, A-Plus may refuse to service such item or Equipment.

SERVICE LIMITATIONS

A. If service is requested because of causes other than normal wear and tear, the service will be provided at A-Plus per call and terms then in effect.

B. The following are examples of causes other than normal wear and tear; unauthorized attempts by other than A-Plus personnel to repair, maintain or modify the Equipment; catastrophe; fault or negligence of the Customer, operator error, improper use or misuse of the Equipment; causes external to the Equipment including but not limited to fluctuations in electric supply, temperature or humidity; damage caused by improper use of accessories. A-Plus determination of what constitutes other than normal wear and tear ,"shall be binding to the parties."

C. Maintenance under this Agreement shall include all parts, except for the following;

1. replacement of consumable supply items, including without limitation; master, drum, heater rollers, toner, developer, cleaning brushes, fuser oil and wiper blades, disposal bottles,
2. paint or refinishing the Equipment
3. electrical work external to the Equipment,
4. installation and/or maintenance of accessories, such as automatic document feeders and collators, for which Service and Maintenance Agreements are separately available, unless listed on the face of this Agreement,
5. optional retrofits,
6. performance of normal functions as outlined in the operations manual,
7. any increase in service time resulting from operator neglect or unique applications, and
8. Equipment which cannot be properly or economically repaired or serviced, or which requires reconditioning.

RESPONSIBILITIES OF CUSTOMER

A. The Customer shall notify A-Plus immediately of Equipment failure and shall give A-Plus full and free access to the Equipment.

B. Throughout the Term of this Agreement, the Customer shall maintain the site conditions as specified by A-Plus prior to this Agreement commencement date, and as set forth in the Equipment operating manual.

C. Customer's representative shall be at the location during A-Plus performance of maintenance services.

D. To facilitate A-Plus performances of maintenance services, the Customer agrees to provide reasonable facilities such as but not limited to an adequate work area with sufficient heat and light and access to local telephone line. These facilities are to be provided upon request and at no charge to A-Plus.

SERVICE HOURS

Service and maintenance are available under this Agreement from Monday through Friday, from 8:30 a.m. to 5:00 p.m., excluding holidays. Any service rendered outside those times, if available at the Customer's request, shall be billed at A-Plus' then prevailing normal overtime rates, and shall include mileage to and from the Customer's location.

PRICE AND PAYMENT

A. The price specified on the face of this Agreement shall be due and payable in full on or before the Commencement Date. Contract is non-refundable.

B. A-Plus reserves the right to charge interest on any unpaid balance, but not in excess of rates permitted by law.

C. If the Customer makes payment by check, and the check is not honored by the Customer's bank, the Customer agrees to pay A-Plus a service and handling charge of $25.00 for each returned check.

LIMITATION OF LIABILITY AND WARRANTY

A. A-Plus' liability to the Customer, whether in contract or in tort for damages of any nature shall not exceed the total charges paid or payable during one Term under this Agreement.

B. A-Plus shall not be responsible for failure to render service due to causes beyond its control, including but not limited to work stoppages, fires, civil disobedience’s, riots, rebellions, acts of God and similar occurrences.

C. OTHER THAN THE OBLIGATIONS EXPRESSLY SET FORTH HEREIN, A-PLUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE: A-PLUS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT, NOR FOR ANY PERSONAL INJURIES RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OR USE OF THE EQUIPMENT, NOR FOR ANY PERSONAL INJURIES RESULTING FROM OPERATION OF THE EQUIPMENT.

GENERAL

A. If either party neglects or fails to perform any of its obligations under this Agreement, and such failure continues for a period of twenty (20) days after written notice thereof, the other party shall have the right to terminate this Agreement.

B. This Agreement shall be governed by the laws of the State of Maryland in force on the date of this Agreement.

C. Customer agrees to pay all taxes including state and local or excise taxes however designated, leveled or based on the service charges pursuant to this Agreement, and any taxes or amounts in lieu thereof paid or payable by A-Plus in respect to the foregoing exclusive of taxes based on net income.

D. This Agreement shall become effective only after execution by Customer and acceptance by A-Plus. It is expressly understood that no other form of acceptance, verbal or written, will be valid or binding and that this Agreement shall constitute the entire Agreement between the Customer and A-Plus with respect to its subject matter, irrespective of inconsistent or additional terms and conditions in the Customer's orders, in any other documents submitted to A-Plus by the Customer, or in representations made by personnel.