9008 Research Dr.
Irvine, CA 92618
Copiers Facsimiles Multi-Functional Products
EQUIPMENT LOCATION: BILL TO LOCATION:
Address: # Address:
Fax: - Fax:
Date: Salesperson: Salesperson Telephone: Terms:
3/13/11 Jim Leivas 949-636-4438
QTY MODEL DESCRIPTION TOTAL
1 eStudio 50 Fax Machine $300.00
This order is subject to the terms and conditions appearing hereon and on the reverse side Sub Total $300.00
hereof, and buyer agrees to be bound thereby. No modifications or additions thereto shall be
binding upon seller unless expressly consented to in writing by an officer of the corporation. Sales Tax $23.25
Special Instructions: Total $323.25
Orders are subject to final acceptance by Toshiba Business Solutions Management.
Printed Name Title Printed Name Title
Authorized Customer Signature Date Sales Representative Signature Date
TERMS AND CONDITIONS APPLICABLE TO ALL PRODUCTS
This agreement shall not constitute a contract between the parties until countersigned by an approved manager or corporate officer of
Toshiba Business Solutions. This is a binding purchase agreement, not subject to cancellation. No trial periods are accepted. This order
may not be changed except in writing by Toshiba Business Solutions herein referred to as TBS.
1. TITLE & SECURITY INTEREST: Shall remain that of the seller and does not pass to the buyer unless all monies due for said purchase
price of equipment or supply items are collected and paid for by the customer. Seller reserves and the customer grants to seller a
purchase money security interest in the equipment as well as any product and proceeds for the purpose of securing the balance of the
purchase price due hereunder and all other promises and obligations of customer to seller arising under this agreement. In the event of
non payment by customer, seller shall have all the rights and remedies of a secured party upon default under the Uniform Commercial
Code (UCC). Customer agrees to pay all reasonable attorney’s fees and legal expenses in exercising any of its rights and remedies upon
breach of this agreement by customer. It is agreed by both parties that 5 days shall constitute reasonable notice for the exercise of such
right in the event that applicable law requires such notice. When the customer satisfies all obligations and all balances due are paid,
sellers security interest shall terminate. Buyer acknowledges that any equipment accepted by TBS as an upgrade allowance or trade-in
unit, buyer guarantees, and shall pass a clear title to seller. If any residual monies or debt are remaining on said equipment, the customer
is responsible to pay any such amount.
2. TAXES: Customer shall pay seller all taxes levied or based upon the purchase of said equipment or supply items, including all state &
local government sales and use taxes.
3. JURISDICTION: This binding agreement shall be governed by the laws of the State of California with jurisdiction being in the County of
Los Angeles & the District Court of South Bay.
4. EXCHANGES OR RETURNS: If, at the seller’s option, any equipment or supply item is returned with an authorized return number
issues by TBS, a 20% restocking fee will be imposed along with any freight or removal charges and theses charges will be added to the
customers restocking fee. Any copier-duplicator or fax machine will be assessed a meter click usage charge which shall be 0.039 cents
per copy for all copies or transmittals made on equipment in addition to any usage of supply items used in conjunction with the equipment.
If an equipment upgrade exchange is authorized by TBS for acquiring a more expensive unit, then no new warranty will be issued or
transferred to said exchanged equipment and at the sellers option the 20% restocking fee may be waived in such circumstances. Any
considerations for returns or exchanges must be approved by seller.
5. TRAINING: Seller agrees to provide key operator training on said equipment at sellers nearest location/office or nearest customer office
within the first 5 days of installation of equipment at no charge to the customer. Key operators must be designated prior to installation of
equipment and be available to receive said operator training. Customer agrees to assign key operators who will become familiar with the
operation of said equipment and interface with our service department for assistance and proper maintenance. After initial key operator
training session, seller will make available upon customers request additional training to customer, with training bill at our normal time
hourly service rates in effect.
6. TRANSPORTATION, RIGGING: Prices are F.O.B. sellers shipping point. Customer will pay all cost of delivery, transportation,
installation, and special rigging charges applicable to equipment and any accessories. TBS shall not be liable for failure to deliver due to
delays occasioned by causes beyond our control, including without limitations, labor strikes, lock outs, embargoes, fire, acts of God,
outbreak of war, or hostilities, inability to obtain equipment accessories or supplies, breakdowns, back orders from suppliers or delays
caused in customs regulations or shipping or any other cause beyond the control of TBS. Any claims to damages goods or equipment
caused by shipment or delivery must be made in writing within 48 hours upon receipt of said goods or equipment by buyer to our
Dominguez Hills, CA office. Customer is to provide the employees of TBS with ample free parking for all official business visits, deliveries
and servicing of equipment.
7. INDEMNITY LIMITATION OF LIABILITY: TBS is not responsible for any injuries or losses to you or any other part or person caused by
the use and installation of said equipment. You hereby agree to reimburse TBS for and to defend TBS against any such claims for such
losses or injuries. This indemnity shall be in effect for as long as you control the used of said equipment. TBS shall not be held liable for
any non performance of equipment that may result in any loss of monies or production. Seller is not responsible for any consequential or
incidental damages that may occur in relation to use of said equipment. No liability on our behalf, the seller, is expressed or implied to the
8. PAYMENTS, PURCHASE TERMS: All checks should be made payable to Toshiba Business Solutions. Customer agrees to payment
terms as stated on the reverse side of this binding agreement. Customer agrees that seller may conduct a credit investigation, including all
credit reports available and seller reserves the right to cancel this agreement if it is determined by TBS that the credit history of the buyer is
below our acceptable standard and sound business credit practices. In the case of multiple equipment unit purchases, separate invoices
will be paid by customer as billed by the seller without regard to subsequent deliveries of other equipment on order. Any open invoices that
are past due and not paid by customer will be considered in default and goods and other services may be withheld with the customer
account places on a credit hold until such time that payment balances are current and in good standing. A $25.00 service charge will be
imposed for any check returned to us for non-sufficient funds, a stop-payment order, or any check returned that results in a non-payment to
the seller. All default account shall bear an interest charge of 1.5% per month or the maximum amount allowed by law on the unpaid
balance of the amount due. No early payment discounts on invoices will be allowed unless approved by the credit manager of TBS.
Customer agrees to allow seller to release credit information to other vendors and pay history of your account when a credit rating is
solicited by another vendor. In the event that seller must proceed with any legal collection related matters pertaining to past due or default
amounts, then the customer will bear all legal and collection related costs incurred by the seller to collect said monies due from the
customer. This may include any damages and awards granted by the courts.
9. GENERAL: Neither the benefits nor obligation of this agreement are transferable or assignable by the customer without the prior written
consent of the seller. This agreement supersedes any and all prior written or oral agreements with reference to the purchase of the
equipment described on the reverse side herein. This agreement may be modified by the Sellers Installment Purchase Agreement which is
entered into at the same time as this agreement is and is incorporated herein. This agreement may be amended on or by a written
instrument and executed by both parties. The customer acknowledges that he had read and agrees to this agreement in it’s entirety
between both parties. This agreement shall become effective only after execution by seller and customer in the places provided on the
reverse side herein. It is expressly understood that no other form of acceptance, either verbal or written will be valid.