COMPUTERPLUS SALES & SERVICE, INC.

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INSURANCE NOT REQUIRED WORK M4Y PROCEED CLERK OF COUNCIL 3-;;2'-f-oci 02/16/2009 1IJ_?nnQ-024 5 Northway Court, Gteet'SL 29651 800-849-4426 www.computer-plus.com Maintenance Contract Customer: City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92702 Number': Revision: PO Number: Salesperson: QUO-02202-V9ZS3F o Fred Dehoff "The contract number will change. Do not use this number for your records. This Agreement by and between ComputerPlus Sales & Service, Inc.(CPI), a South Carolina Corporation, having its principal place of business at 5 Northway Court, Greer, se hereinafter called the Seller and City of Santa Ana having its principal place of business at Public Works Agency, Santa Ana CA hereinafter called the Customer. Witnesseth that in consideration of the mutual undertaking herein contained, the parties agree: 1. EXCLUSIVE WARRANTY AND REMEDY. CPl's exclusive warrant is that Services will be performed in a workmanlike fashion and all parts provided by CPI shall be free of defects in materials and workmanship at the time of installation. In the event CPI breaches this warranty, CPI's sole obligation, and Customer's exclusive remedy shall be to have CPI make all necessary adjustments, repairs or replacement of parts which were defective at the time of installation. There are no other express or implied warranties concerning any Services, parts, or supplies or expendable items provided hereunder. CPI does not guarantee that the operation of Equipment will be uninterrupted or error-free. CPI DISCLAIMS THE IMPliED WARRANTIES OF MERCHANTABiliTY AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING SHALL BE THE SOLE REMEDY OF CUSTOMER FOR BREACH OF WARRANTY. 2. liMITATION OF liABiliTY. IN NO EVENT SHALL CPI BE liABLE IN CONTRACT, TORT OR OTHERWISE FOR INCIDENTAL. CONSEQUENTIAL. SPECiAl OR INDIRECT DAMAGES, INCLUDING WITHOUT liMITATION. LOST BUSINESS PROFITS NOR DAMAGE OR DESTRUCTION OF DATA EVEN IF CPI HAS BEEN ADVISED OF SAME. Except as to personal injury, CPI's maximum liability shall be limited in any event to the actual direct damages incurred by Customer which are caused solely by the acts or omissions of CPI subject to a maximum liability of the greater of the amount paid for the Services performed under this Agreement (subject to a maximum of twelve (12) months duration) or $ 10,000. Customer agrees to provide CPI with prompt written notification as to the specifics of any claim for damages and to provide CPI with reasonable opportunity to investigate. NO LIMITATION AS TO DAMAGES FOR PERSONAL INJURY IS INTENOED. 3. The machine and features listed below (referred to as the Equipment) is to be maintained in accordance with the terms and conditions specified herein. If however the customer places service calls via the website of ComputerPlus Sales & Service, the customer agrees to read and accept the Acceptable Use Statement as provided on the website. NOTE: The Customer is responsible for reading the Acceptable Use Statement each time he or she uses the ComputerPlus Sales & Service website and agrees by use of that website to any changes or modifications to the Acceptable Use Statement. Customer agrees that aU equipment fisted below is in 100% working order, and that any units that service calls are placed on where the damage or problem occurred prior to the Effective Start Date (Ref section 4) will be billable to the customer. Gateway E-9220T M-F/8-5 Monthly 2 $23.00 $46.00 SN: GTW0038680459 SN: GTW0038680460 Gateway E951 aT SN: G1W00386S0462 M-F/8-5 Monthly $28.17 $28.17 Gateway E-9510T SN: G1W0036571341 SN: GTW0038680461 M-F/8-5 Monthly 2 $28.17 $56.34 Gateway E-9520T SN: G1W0038918854 M-F/8-5 Monthly $28.17 $28.17 MPC Netframe 3620 SN: 3912836-0001 M-F/8-5 Monthly $26.00 $26.00 Page 1 of 3