TERMS AND CONDITIONS
Last Updated: 1/1/24
These Terms and Conditions are subject to change at any time without prior notice.
1. Term
This agreement is effective from the commencement date and shall continue for an initial term of one year.
1.1 Withdrawal of Items
Millennium may withdraw individual item(s) from this agreement upon 30 days prior written notice if the equipment cannot be properly or economically repaired on-site due to customer‑caused excessive wear or deterioration.
1.2 Contract Dates
All contracts commence on the first day of the month and end on the last day of the month for a term of one year. All days prior to the commencement date will be billed on a prorated basis.
1.3 Cancellation
This contract is for a minimum of one year; however, Millennium or the Customer may cancel at any time with 30 days written notice.
1.4 Non‑Payment
If the invoice is not paid within net 30 days, the service contract will be suspended. Millennium will contact the Customer to resolve the outstanding invoice. If unresolved within 30 days, the contract will be canceled. Restarting a canceled contract requires a pre‑contract inspection, payment of the outstanding balance, advance payment for the new contract, and 1½% interest.
2. Renewals
Contracts automatically renew for one year unless the Customer provides written notice at least 30 days prior to the expiration date. Millennium may increase the contract amount by up to 15% annually.
3. Eligibility for Service Agreement
3.1 Equipment Listing
All equipment covered must be listed in this agreement and is subject to inspection before the start date.
3.2 Pre‑Contract Inspection
New equipment (less than 30 days from factory shipment) and used equipment require a pre‑contract inspection. The fee is waived for equipment installed by Millennium or an authorized distributor. Any required repairs to bring equipment to good operating condition will be billed at Millennium’s per‑call rate.
4. Service Responsibilities
4.1 Maintenance Services
Millennium will provide preventative and remedial maintenance during the contract period. Remedial service is available during normal working hours. All service calls must be initiated through Millennium dispatch at (973) 492‑1608.
4.2 Parts Replacement
Maintenance includes replacement of necessary parts. All parts are provided on an exchange basis. Consumables such as paper and ribbons are excluded.
4.3 Consumables
Printheads and ribbons are consumables and are not covered. Installation of these items is also excluded.
4.4 Accessories
Platen rollers and accessories (peelers, cutters, rewinders, ODV) are excluded unless explicitly stated.
5. Service Availability & Charges
5.1 Standard Coverage
On‑site service is provided by close of business next day, Monday–Friday, 9 AM–5 PM, excluding holidays.
5.2 Preventative Maintenance
Performed during normal hours at a mutually agreeable time. Limited to two visits per year.
5.3 After‑Hours Service
Available upon request at Millennium’s current call rates.
5.4 Remote Surcharge
Applies to equipment located more than 50 miles one way from a service center.
5.5 Taxes
Customer is responsible for applicable taxes except those based on Millennium’s net income or franchise obligations.
5.6 Price Adjustments
Prices may change on the contract anniversary date with 30 days advance notice.
6. Exclusions
6.1 Improper Use or Unauthorized Service
Maintenance does not cover equipment that has been:
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improperly used,
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modified without approval,
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subjected to unusual stress,
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repaired by unauthorized personnel, or
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moved or reinstalled without OEM supplies.
Damage from acts of God (fire, flood, earthquake, etc.) is excluded.
6.2 Additional Exclusions
Maintenance does not include:
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accessories, paint, refinishing,
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external electrical work,
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alterations or attachments not originally furnished.
6.3 Third‑Party Equipment
Issues caused by other vendors’ equipment or accessories will be billed at per‑call rates.
7. Access to Equipment
Customer must ensure Millennium has full and free access to equipment during service calls.
8. Movement of Equipment
Customer must provide 30 days written notice before moving equipment. Millennium will dismantle, pack, inspect, and reinstall equipment at the Customer’s expense. Maintenance charges are suspended during the move and resume after inspection at the new location. Remote surcharges may apply.
9. General
9.1 Limitation of Liability
Millennium is not liable for special, indirect, or consequential damages.
9.2 Precedence of Terms
These terms prevail over conflicting terms in Customer purchase orders.
9.3 Entire Agreement
This agreement supersedes all prior agreements and cannot be changed orally.
9.4 Governing Law
This agreement is governed by the laws of the State of New Jersey.
9.5 Environmental Requirements
Equipment must meet Millennium’s published environmental specifications.