ISG CORPORATE EQUIPMENT SALES AND SUPPORT AGREEMENT

Terms and Conditions

1. Definitions:

“Agreement” means collectively, these Terms and Conditions (including all exhibits referenced herein) and the Quote.

“Customer” means the customer who has executed a Quote referencing these Terms and Conditions for the purchase of Equipment and/or Support Services.

“Equipment” means the equipment identified on a Quote.

“Parties” means Customer and ISG collectively.

“Party” means each of Customer and ISG individually.

“Quote” means each ISG quote for the Equipment and/or Support Services referencing these Terms and Conditions and executed by ISG and Customer that, among other details, identifies the Equipment and Support Services to be purchased by Customer and the prices to be paid therefore as well as other terms to which the Parties may agree.

“Support Service” means the Equipment support services selected by Customer on a Quote, as such services are more fully described in Exhibit A attached hereto.

“Term” has the meaning ascribed to it in the Quote.

2. PURCHASE/SALE & PRICES/TAXES: Customer agrees to buy, and ISG agrees to sell to Customer, subject to the terms and conditions of the Agreement, the Equipment and Support Services identified on a Quote. The purchase price for the Equipment and Support Services are set forth on the Quote. Prices do not include sales, excise, use or other taxes, levies or fees now in effect or hereafter levied by reason of this transaction. Customer shall be responsible for any and all sales taxes associated with the sale of the Equipment and the provision of the Support Services other than taxes based on ISG’s net income.

3. PAYMENT TERMS: Unless otherwise specified on a Quote, payment terms for the Equipment are 50% due at signing of the Quote, and 50% due fifteen (15) days after shipment of the Equipment from ISG’s or ISG’s agent’s warehouse to Customer. Unless otherwise specified on a Quote, payment must be made via credit card, ACH or wire payment to ISG’s bank account (details provided under separate cover), and Customer authorizes ISG to initiate ACH credit and debit entries in order to pay the amounts that are due to be paid by Customer to ISG under the Agreement. If invoicing is indicated in any Quote instead of credit card, ACH or wire transfer, ISG shall submit to Customer an invoice for the amounts owed by Customer in connection with the Agreement in a timely fashion.  Customer will pay amounts reflected in such invoices within the time period set forth in the applicable Quote, however, if no such time period is specified in the Quote, payment is due fifteen (15) days after Customer’s receipt of the invoice. ISG may make delivery in installments and may render a separate invoice for each installment, which such invoice shall be paid in accordance with the above terms. ISG reserves the right to suspend delivery of Equipment and/or the provision of Support Services if Customer’s account is more than thirty (30) days past due, at the sole discretion of ISG, and a service charge may be added to unpaid invoices from the due date thereof at a rate equal to the greater of: 1 ½ % per month (18% per year) or the maximum rate permitted by applicable law. All checks or drafts dishonored for any reason shall be assessed a $25.00 service charge.

4. DELIVERY, INSTALLATION & TITLE: ISG or ISG’s agents will use commercially reasonable effort to ship on or before the date indicated on the Quote. Shipping dates acknowledged by ISG are approximate, and ISG will not be liable for any loss or damage due to its failure to meet scheduled shipping dates. The carrier shall be selected by ISG unless Customer requests in writing the use of another carrier. Customer shall pay all shipping and freight charges. Upon delivery of Equipment to a carrier at point of shipment by ISG or an ISG agent, title to, risk of loss, destruction and damage and the right to possession of Equipment shall pass to Customer, subject to all of ISG’S rights until paid in full. All risk of loss or damage to Equipment after delivery to Customer shall be borne by Customer. Packaging other than ISG’s standard is packaging chargeable to Customer.

5. SECURITY INTEREST: Customer agrees that ISG shall retain, and Customer hereby grants to ISG, a purchase money security interest in all Equipment sold to Customer hereunder, and to any proceeds of the foregoing, until the purchase price and any other related charges due to ISG have been paid in their entirety. Customer agrees to execute any financing statement or other documents that ISG requests in order to protect ISG’S security interest. Customer agrees that ISG shall have the authority as Customer’s attorney-in-fact to sign and file the financing statement as Customer’s agent, or that ISG may file an original or copy of the Agreement as a financing statement. Upon any default by Customer of the Agreement, ISG shall have all rights and remedies of a secured party under the Uniform Commercial Code which rights and remedies shall be cumulative and not exclusive.

6. INSPECTION AND ACCEPTANCE: All claims for shortages, Equipment damage occurring prior to delivery to Customer, or erroneous charges must be made by the Customer in writing within forty-eight (48) hours from receipt of each shipment. Unless such notice is given within the stated period of time, the Customer agrees that it shall be conclusively presumed that Customer has inspected and accepted the Equipment and the associated charges. If ISG is notified of Equipment shortages, erroneous charges or damage occurring prior to delivery to Customer within 48 hours of receipt of Equipment, ISG shall, as applicable: (i) after confirmation of the shortage, promptly forward to Customer the balance of the Equipment identified on the Order; (ii) after confirmation of the erroneous charges, promptly credit or debit, as applicable, Customers account; or (iii) with respect to Customer receiving Equipment damaged during delivery, please contact ISG at customerservice@isgtechnologies.com to get instructions regarding the process for returning the damaged Equipment and obtaining replacement unit(s).

7. TERM AND TERMINATION:

7.1  Term.  The Term of the Agreement shall be as set forth on the Quote. The Term (defined below) of the Agreement shall commence upon the execution of the Quote by both Parties and shall continue thereafter for the Initial Term unless terminated sooner in accordance with the Agreement.  After the Initial Term, the Quote shall automatically renew for periods of time equal to the Initial Term (each, a “Renewal Term”) unless either Party provides written notice of non-renewal to the other Party at least thirty (30) days prior to the expiration of the Initial Term or then current Renewal Term. The Initial Term, together with each Renewal Term, shall be collectively referred to herein as the “Term”.

7.2 Termination.  In addition to any other remedies it may have, either Party may terminate the Agreement upon thirty (30) days’ notice if the other Party materially breaches any of the terms or conditions of the Agreement and such breach is not cured with such thirty (30) day period. ISG shall have the right to terminate the Agreement, effective upon written notice of termination to Customer in the event Customer: (a) commits an act of bankruptcy, becomes subject to any proceeding pursuant to the Bankruptcy Code, becomes insolvent, or has any substantial part of its assets become subject to levy, seizure, assignment, application or sale for or by any creditor or governmental agency, or (b) ceases doing business in the ordinary course.

7.3 Effect of Termination. In the event of the expiration or termination of this Agreement for any reason:  (a) all amounts owed by Customer to ISG shall become immediately due and payable; and (b) within five (5) business days after the effective date of such expiration or termination deliver to the other Party or its duly authorized representative, or certify in writing that it has destroyed, all Confidential Information provided to it by the other Party, including all copies of such materials and information stored on electronic media in its possession and control.

8. SUPPORT SERVICES: The types of Support Services available to Customer (Comprehensive Support Services or Flat Fee Support Service) are described in Exhibit A attached hereto. ISG will provide to Customer the Support Service selected by Customer on the Quote pursuant to the terms and conditions of the Agreement.

9. CONFIDENTIALITY.

(a)  “Confidential Information” means information, technical data, or know how of either Party (the “Discloser”), including by way of illustration that which relates to research, product plans, products, services, customers, markets, software, developments, feedback, test results, inventions, processes whether of business or otherwise, designs, drawings, engineering, hardware configuration information, marketing or finances, and all business information that is not generally known to, and cannot be readily ascertained by others, and which has actual or potential economic value, which is designated in writing to be confidential or proprietary, or if given orally, is designated by Discloser either before, at the time of or within ten (10) days of disclosure as being disclosed as confidential or proprietary, or is reasonably understood as and usually held to be, Confidential Information.  Notwithstanding the foregoing, Confidential Information does not include information, technical data or know-how which: (i) is in the possession of the other Party (the “Recipient”) at the time of disclosure as shown by the Recipient’s files and records immediately prior to the time of disclosure; (ii) prior or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of the Recipient in breach of this Section 9; (iii) is lawfully obtained from a third party without any breach of a confidentiality obligation; (iv) is approved for release by the Discloser in writing; or (v) is shown by written record to be developed independently by the Recipient.

(b)  The Recipient agrees not to use the Confidential Information for its own use or for any purpose except as necessary to perform its obligations under the Agreement. Recipient will not disclose any Confidential Information to any third Parties except its affiliates, directors, officers, employees, consultants and agents who have a need know the Confidential Information in order to facilitate Recipient’s performance contemplated by the Agreement. Recipient shall ensure that those affiliates, directors, officers, employees, consultants and agents to whom Confidential Information is disclosed or who have access to Confidential Information are bound by nondisclosure terms in content substantially similar to this Section 9. Recipient will be responsible for breaches of this Section 9 by any such person. Recipient agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such Confidential Information, which measures shall include the same degree of care the Recipient utilizes to protect its own Confidential Information of a similar nature, but in no event less than a reasonable degree of care. Recipient agrees to notify Discloser in writing of any misuse or misappropriation of such Confidential Information which may come to its attention; provided, however, that nothing herein shall prevent Recipient from disclosing the Confidential Information to the extent necessary to its auditors or legal advisors.

(c)  In the event that Recipient or any of its affiliates, directors, officers, employees, consultants or agents are requested or required by legal process to disclose any of Discloser’s Confidential Information, Recipient shall give Discloser prompt written notice so that Discloser may seek a protective order or other appropriate relief. In the event that such protective order is not obtained, Recipient shall disclose only that portion of the Confidential Information that its counsel advises that it is legally required to disclose.

(d)  Any materials or documents embodying Confidential Information which have been furnished to the Recipient will be promptly returned, accompanied by all copies of such documentation upon expiration or termination of the Agreement.  Notwithstanding the return of Confidential Information, both Parties will continue to be bound by the obligations of confidentiality hereunder.

(e)  Each Party agrees that its obligations under this Section 9 are necessary and reasonable in order to protect the other Party and the other Party’s business, and expressly agrees that monetary damages may be inadequate to compensate the other Party for any breach by either Party of any covenants and agreements set forth in this Section 9. Accordingly, each Party agrees and acknowledges that any such violation or threatened violation may cause irreparable injury to the other Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the other Party shall be entitled to seek injunctive relief against the threatened breach of this Section 9 or the continuation of any such breach, without the necessity of proving actual damages.

(f)  PRIVACY POLICY.  ISG shall handle all information provided to ISG pursuant to the Order process in accordance with the ISG Privacy Policy located at https://www.isgtechnologies.com/privacy-policy/.

10. LIMITED WARRANTY/DISCLAIMERS OF WARRANTY:

ISG and Customer each represents and warrants that it has the authority to execute and deliver the Agreement, and that its execution and delivery of the Agreement will not violate any applicable law or government regulation or result in a breach of any other agreement to which it is bound.

Subject to the conditions hereinafter contained, all new Equipment is warranted by the Original Equipment Manufacturers (OEM’s). The OEM’s warranty is included inside the Equipment packaging. The OEM’s warranty is the only warranty that applies to the new Equipment purchased hereunder. . Any custom configuration and other custom products will not be included as warranted Equipment.  ISG warrants that all Equipment repaired and/or refurbished by ISG hereunder will be free from defects in workmanship and material for a period of ninety (90) days from Customer’s receipt of such Equipment (“Support Warranty”). ISG’s only obligation with respect to the Support Warranty is to repair the Equipment returned to ISG within the Support Warranty period so that it is in good working order.  EXCEPT AS EXPRESSLY STATED IN THIS SECTION, ISG MAKES NO REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, REGARDING THE EQUIPMENT, PRODUCTS, SERVICES OR ANY OTHER MATTER PERTAINING TO THE AGREEMENT, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED BY ISG TO THE FULLEST EXTENT PERMITTED BY LAW. ISG SHALL NOT BE LIABLE FOR DAMAGES RELATING TO ANY INSTRUMENT, EQUIPMENT, OR APPARATUS WITH WHICH THE PRODUCTS OR SERVICES SOLD UNDER THE AGREEMENT ARE USED.

11.  LIMITATION OF LIABILITY:  In no event shall any OEM be liable to Customer under the Agreement for any LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA OR RECORDS OR ANY direct, indirect, incidental, consequential, special and/or exemplary damages regardless of whether such OEMS were advised of the possibility of such damages. OTHER THAN FOR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER AND CLAIMS FOR BODILY INJURY (INCLUDING DEATH) OR TANGIBLE PERSONAL OR REAL PROPERTY DAMAGE, IN NO EVENT SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WHETHER OR NOT THE PARTY IS ADVISED OR MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OTHER THAN FOR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER AND CLAIMS FOR BODILY INJURY (INCLUDING DEATH) OR TANGIBLE PERSONAL OR REAL PROPERTY DAMAGE, NEITHER PARTY’S LIABILITY UNDER THE AGREEMENT SHALL EXCEED THE AMOUNT PAID BY CUSTOMER TO ISG UNDER THE AGREEMENT FOR THE EQUIPMENT OR SUPPORT SERVICES THAT IS THE SUBJECT OF THE CLAIM FOR DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THE AGREEMENT SHALL LIMIT EITHER PARTY’S LIABILITY FOR ANY CLAIM RESPECTING DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL OR INTENTIONAL MISCONDUCT. THIS PROVISION SHALL SURVIVE TERMINATION OF THE AGREEMENT. No action arising out of or in connection with the Agreement or the transactions contemplated by the Agreement may be brought by either Party against the other more than two (2) years after knowledge of the action accrues.

12. ISG’S REMEDIES: If Customer fails, with or without cause, to furnish ISG with specifications and/or instructions for, or refuses to accept deliveries of, any of the Equipment sold under the Agreement, or is otherwise in default under or repudiates the Agreement or fails to pay when due any invoice under the Agreement, then in addition to any and all remedies allowed by law, ISG without notice: (1) may bill and declare due and payable all Equipment and Support Services delivered and Equipment and Support Services ordered by Customer but not yet delivered under the Agreement; (2) may delay shipment under the Agreement until such default, breach, repudiation or failure to pay is cured; (3) may cancel any undelivered portion of the Agreement, in whole or in part (in which event Customer shall remain liable for damages); (4) may cause Customer, at Customer’s expense, to promptly return the Equipment not paid for to ISG; or (5) take possession of the Equipment wherever found, and for this purpose enter upon any premises of Customer during Customer’s normal business hours and remove the Equipment without court order or other process of law without any liability for damages, suit, action by the Customer for such entry.

13. SOFTWARE OR FIRMWARE: All software or firmware which may be embedded in or otherwise provided with the Equipment, is licensed to Customer subject to the third party licensors of such software and/or firmware pursuant to such third parties’ or their licensor’s license agreement. In no event shall Customer copy, extract, decompile, transfer, remove or reduce to any electronic medium or readable form any software or firmware contained in the Equipment. ISG shall make copies of such third party licenses available to Customer upon Customers written request.

14. FORCE MAJEURE: Neither Party to the Agreement shall be responsible for or liable to the other Party, or to any third party for any damages arising out of nonperformance or delay in performance of the terms and conditions of the Agreement due to acts of God, wars, riots, unavailability of suitable and sufficient labor, pandemics, materials, die or capacity or technical or yield failures and any unforeseen event beyond its control.

15. PROPRIETARY RIGHTS: Customer agrees that ISG retains proprietary rights in and to all ISG manuals and other documentation provided with the products, to all trade secrets, copyrights, discoveries, inventions, patent and other proprietary rights arising out of work done in connection with the Agreement or any other agreement between Customer and ISG, and to all other information or assistance of a technical nature provided to Customer by ISG that is not so provided for reproduction or delivery to Customer’s customers. Customer shall keep confidential and shall not disclose or use in any manner to any third party any information to which ISG retains proprietary rights therein.

16. EXPORT REQUIREMENTS: Customer and ISG shall comply with all export laws of the United States.

Without limiting the generality of the foregoing, Customer shall not export the Equipment, any software or firmware embedded in or provided with the Equipment, or related technical data in contravention of the Export Administration Act or U.S. Department or U.S. Commerce Department regulations. Customer shall hold ISG harmless and indemnify it for any fines, penalties or other liability, (including attorney’s fees) that result from Customer’s failure to meet these guidelines.

17. SUBCONTRACTORS: ISG may from time to time in its discretion engage third parties to perform all or portions of the Support Services (each, a “Subcontractor”). ISG shall be liable for the actions or omissions of such Subcontractors in breach of the Agreement as if such actions or omissions were the actions or omissions of ISG.

18. ASSIGNMENT: Customer shall not assign the Agreement, by operation of law or otherwise, without the prior written consent of ISG, which consent shall not be unreasonably withheld or delayed. Any attempted assignment in violation of this Section shall be null and void.

19. INSURANCE: ISG shall, at its own expense, obtain and maintain in full force and effect, with sound and reputable insurers and with no right of contribution by Customer, during the Term of the Agreement, the following coverage: (1) Worker’s Compensation, as required by the law of the state of hire; (2) Employer’s Liability with a minimum limit of $1 million of liability for each accident; (3) Commercial General Liability against all hazards including coverage for blanket contractual liability and products and completed operations with a minimum limit of liability for personal injury, including death, on an occurrence basis of $1 million and $5 million in aggregate. ISG shall provide Customer with evidence of coverage upon request.

20. GENERAL: The Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings between them relating to the subject matter hereunder, and no modifications or waiver of any of the provisions of the Agreement shall be binding on either Party unless in writing and signed by both Parties. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and neither Party shall have any authority of any kind to bind the other Party in any respect whatsoever. No waiver of any breach of any provision of the Agreement shall constitute a waiver of any subsequent breach of the same or of any other provision of the Agreement. The Agreement shall be governed by the laws of the State of Maryland without regard to its rules on conflicts of law. Except for equitable relief which may be sought in any court of applicable jurisdiction, Customer and ISG consent to the exclusive jurisdiction of the state and federal courts located in Baltimore County, Maryland to resolve any claim or controversy arising from or in any manner related to the Agreement. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. Section headings are for convenience only and shall not be considered in the interpretation of the Agreement. The plural shall include the singular, and the singular shall include the plural whenever used. The provisions of the Agreement are severable and if any one or more provisions are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions or portions of the Agreement shall nevertheless be binding on and, enforceable by and between the Parties to the maximum extent possible. The prevailing Party in any legal action brought by one Party against the other shall be entitled, in addition to any other rights and remedies it may have, to be reimbursed for its expenses incurred thereby, including court costs and reasonable attorney’s fees. All notices required or permitted hereunder shall be in writing and shall be personally delivered or dispatched by prepaid parcel service, and sent the address indicated on the Quote. In the event of a conflict between these Terms and Conditions and the terms contained in the Quote, the terms contained in these Terms and Conditions shall control. In the event of a conflict between these Term and Conditions and any terms contained in any Exhibit referenced herein, the terms contained in these Exhibit shall control.

Exhibit A

Support Services

• Service Offerings: Customer has the option to select from the two ISG available Support Services offerings (Comprehensive Support Services or Flat Fee Support Services). Customer makes its selection of Support Services by selecting either one or a combination of both on the Quote.

Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Terms and Conditions to which this Exhibit A is attached.

Under Comprehensive Support Services, Customer will pay a fixed annual fee (as set forth in the Quote) for Repair Services for the Covered Equipment.  Under Flat Fee Support Services, Customer will pay a fixed dollar amount (as set forth on the Quote) for each item of Covered Equipment sent to ISG for Repair Services.

• Terms Applicable to Both Service Offerings: The terms and conditions set forth in this Section 2 apply to both the Comprehensive Support Services and the Flat Fee Support Services.

• Customer will provide a complete electronic list of Equipment, including model number, description and serial numbers to be covered (“Covered Equipment”).
• ISG agrees to provide repair service to restore Covered Equipment to good working condition (“Repair Services”) subject to conditions in Section 4.0 (with respect to the Comprehensive Support Services) and the conditions set forth in Section 5.0 (with respect to the Flat Fee Support Services) and, with respect to both the Comprehensive Support Services and the Flat Fee Support Services, the exclusions in Section 3.0. Repair Services include, but are not limited to: replacement of electronic components and subassemblies, replacement of broken plastic case parts, replacement of broken LCDs and touch screens, lubrication, calibration, cleaning, circuitry failure troubleshooting, testing/repair of radios and scanners; as determined necessary solely by ISG.  Any parts replaced during the repair process become ISG property.
• ISG will return Covered Equipment to Customer via ground delivery at ISG’s expense, unless noted otherwise on the Quote.
• ISG will receive, repair and ship Covered Equipment back to Customer within the turnaround time set forth on the Quote. There are certain exclusions to this including, but not limited to, excluded repairs as outlined in Section 3.0 below, repairs awaiting Customer approvals and certain stock-out conditions.
• Customer is granted access to ISG online technical support personnel concerning the Covered Equipment. Online support is available at https://isg1.isgtechnologies.com.
• Customer will deliver malfunctioning Covered Equipment to ISG at Customer’s expense unless clearly stated otherwise on the Quote.
• Customer will enclose with each packaged box regardless of the number of pieces of Covered Equipment a printed RMA summary sheet that is generated through the RMA request on the portal.  This form includes a general description of the nature of the malfunction along with complete contact details. Each additional box to be shipped must have a new RMA request created to properly print shipping labels and RMA summary sheets.  This can be accomplished by completing an RMA request online in Customer account at https://isg1.isgtechnologies.com 
• Customer is solely responsible for the preservation and protection of Customer-specific data housed in the Equipment.
• Fees for excluded services will be invoiced when incurred and will be due upon receipt.
• Customer is responsible for loss of or damage to Equipment while Equipment is in Customers’ possession and in transit to ISG. ISG is responsible for loss of or damage to Equipment while in ISG’s possession and in transit back to the Customer. 

• EXCLUSIONS FROM REPAIR SERVICES: The following exclusions from Repair Service apply to both the Comprehensive Support Services and the Flat Fee Support Services:
  • Repair of accessories such as wall chargers, cables, or external memory cards.
  • Customer-replaceable parts such as batteries, paper, thermal print heads (stationary printers only), ribbons, cutter assemblies, etc.
  • Adding, upgrading, changing, or removing features or options or making other functional changes to any of the Equipment.
  • Systems engineering services, programming services and operational procedures of any sort.
  • Non-mandatory manufacturer suggested changes in engineering or specifications.
  • Any onsite repair or onsite support services.
  • Software programming and application program maintenance.
  • Repair of Equipment not listed on the Quote.
  • Troubleshooting of network or system of which the Covered Equipment is a component.
  • Painting, refinishing or wholesale refurbishing of Covered Equipment.
  • Covered Equipment deemed beyond repair where cost to repair exceeds current market value of the device.
  • Covered Equipment rendered completely inoperable due to reasons beyond the scope of normal business practices. This includes, but is not limited to, damage to Covered Equipment due to willful employee damage, submerging of units in liquid, willful vandalism or acts of God.
  • Before sending items in for repair you should remove all batteries, hand straps, stylus, and accessories. Extra items sent in will not be sent back with repaired/new units.

• CUSTOMER REQUIREMENTS APPLICABLE TO COMPREHENSIVE SUPPORT SERVICES ONLY:
  • Equipment Condition: Customer warrants that all Covered Equipment is in good working condition as of the effective date of the Quote.  ISG will be solely responsible for determining if the Covered Equipment is in good working condition (by the condition of the Covered Equipment devices as they begin to be sent in for repair, the volume of the Covered Equipment devices sent in for repair at the onset of the Repair Services or by some other means).
  • ISG reserves the right to charge a fee to bring Covered Equipment up to manufacturer specifications on any Covered Equipment that has not previously been under an ISG Repair Services agreement.
  • ISG reserves the right to charge a fee and/or extend the guaranteed turnaround window (without penalty) if the total percentage of Covered Equipment in-house for ISG repair exceeds 7% of the Customer’s total number of units of Covered Equipment.
  • If the total number of annual repairs for any specific model of Covered Equipment exceeds 50% of that specific model’s total contracted number of Covered Equipment devices, then ISG reserves the right to charge a fee equal to the then published flat fee rates and extend the guaranteed turnaround window.  The 50% allowable amount shall be measured quarterly on a pro rata basis.
  • If Equipment is received for repair with a serial number not previously provided to ISG, ISG will add the Equipment to the contract (thus making it Covered Equipment) and invoice the Customer the pro-rated annual maintenance fee for that Covered Equipment plus an add-on inspection/service fee of $175.00 or the then current flat fee. The online poral states at the time of submission that; Customer agrees that by submitting this RMA, any item found not to be on contract will be added to my account. Account additions could result in an additional charge if you do not have available placeholders in your contract. 
  • ISG may charge an inspection fee of $40 for multiple instances where no fault was found with the Covered Equipment.
  • Any Equipment at ISG facilities for repair will not be released to Customer until the account is current. If Customer terminates the Agreement with an outstanding balance, Customer agrees to pay the prevailing Flat Fee Support Services fee charge for each piece of Equipment that had previously been repaired.  These charges must be paid before any Equipment is returned to the Customer.

• CUSTOMER REQUIREMENTS APPLICABLE TO FLAT FEE SUPPORT SERVICES ONLY:
  • ISG may charge an inspection fee of $45 for instances where the unit has been determined to be beyond repair or where no fault was found with the Equipment.