Continuous Service Level Agreement

1. Provided that the customer is not in default of any of his obligations with Konica Minolta Gauteng. Konica Minolta Gauteng undertakes on the terms and conditions set out in this agreement, to maintain the equipment as listed at the location specified.
2. The customer agrees to pay Konica Minolta Gauteng as set out in the schedule which includes but is not limited to service, parts and labour. This rate may be varied from time to time in accordance with Konica Minolta Gauteng’s current pricing schedule as amended from time to time in its discretion and based on commercial exigencies and will be maintained at competitive levels. Konica Minolta Gauteng reserves the right to charge a minimum billing as per the equipment schedule on the reverse of this agreement.
3. This agreement covers all calls during normal business hours (08:00 – 16:00) as reasonably requested. Any after business hours, weekend or public holiday call requests will be billed separately in line with industry standards.  Calls for software adjustments are chargeable 30 days after installation.  Telkom line faults, negligence, accidents or misuse is specifically excluded from this agreement
4. Fire, water, power surges, force majeure, damage to Machine main boards, fax cards, print controllers, network cards and hard drives are also excluded from this agreement. Konica Minolta Gauteng will charge for a lightening protector should it be found to have been removed.
5. Konica Minolta Gauteng will require access to your network for the installation of FM Audit and/or other related software that will be required to receive electronic notifications for the monitoring of Consumables, Spare Parts, Meter Readings and any other information that will be required pertaining to the device. An annual admin, contract and hosting fee of R250.00 will be charged per device.
6. All photocopier parts, consumables and Facsimile parts will be replaced without charge for the contract period with the exception of items considered by Konica Minolta Gauteng to be expendable, such as paper, or any parts damaged by carelessness, misuse and over use of the machine as stipulated by Konica Minolta Gauteng’s maximum rated volume per month.
7. Should the monthly copy volume be in excess of Konica Minolta Gauteng’s maximum rated volume per month, this may lead to additional costs over and above normal wear and tear. Konica Minolta Gauteng will not be held responsible for the performance of the equipment where Konica Minolta Gauteng’s recommended monthly volume has been exceeded, Konica Minolta Gauteng shall be entitled to either exclude the equipment in terms of this agreement or repair the equipment and recover the additional expenses incurred on parts usage.
8. Where the copy charge agreed excludes expendable items and these items do not produce Konica Minolta Gauteng’s specified monthly volumes, the shortfall may be charged for monthly on a pro-rata basis.
9. All colour copy charges are based on 5% page coverage and all black copy charges are based on 5% coverage. Should the percentage coverage increase above the percentage amount specified then Konica Minolta Gauteng may charge accordingly for excess toner usage.
10. Should the equipment be removed from the address as specified above, or not be made available during normal business hours. Konica Minolta Gauteng shall be entitled to either exclude the equipment in terms of this agreement or to service the equipment, recover the additional expenses incurred.
11. The user agrees to use only consumables and paper recommended and approved by Konica Minolta Gauteng for use in Konica Minolta

Machines of the model installed at the user’s premises.  The user understands that paper used in the machine outside of the specified normal

range 75-150 normal, 250gsm and above bond will be viewed as abnormal paper gramage and will require the user to select the thick option

one, two, three or four setting mode on the machine control panel prior to the machines operation with abnormal paper.  The user acknowledges that the quality of reproduction will not be guaranteed by Konica Minolta Gauteng on paper thicker than 250gsm.

12. The equipment shall be installed in such a manner that Konica Minolta Gauteng shall have access to it without having to move the equipment or surrounding items. The equipment must not be installed in direct sunlight, abnormal temperatures and/or dusty environments.
    • This agreement will continue in force for an initial period of Five years from the date hereof, and will thereafter continue on a month to month basis until the customer gives Konica Minolta Gauteng 30 days written notice to terminate the agreement.
    • Konica Minolta Gauteng reserves the right to terminate the agreement at any time giving 30 days written notice to the customer.
    • Should the customer choose to cancel the agreement prior to it having been in force for the full initial 5 year term, then the customer shall be liable, as a genuine pre-estimate of liquidated damages in respect of early termination, for whichever is the higher amount of:
      • the amount equal to the average monthly volume billed over the preceding 12 month period for the duration of the

unexpired period; or

• the unexpired portion of the minimum billing as per the equipment schedule set out per this agreement on the reverse

side of these terms and conditions.

13. The rates shown hereafter are payable 30 days from date of invoice, failing which service may be suspended without notice. The Customer agrees to pay a finance charge of 2% per month on all outstanding balances that may be due. The Customer further agrees to pay all collection and attorney’s fees, whether suit be brought or not, incurred by Konica Minolta Gauteng in collecting any past due balances or in the recovery of any equipment. The rates will escalate annually on the anniversary of this agreement by 15% per annum and may also vary from time to time in accordance with Konica Minolta Gauteng’s current pricing schedules and contract structures necessitated by unfavorable exchange rates, inflation, and increase in labour, spares, and fuel and or transport costs.
14. There shall be added to the fee for this agreement, any tax now or hereafter imposed on, or in connection with the sale or delivery or furnishing of such services or materials described herein and not limited to toners and paper.
15. Konica Minolta Gauteng shall in no way be liable for any loss or consequential loss of any kind resulting from the performance or lack of performance of the equipment. Konica Minolta Gauteng will do their best to ensure the machines are serviced within the recommended time frames and to respond to service calls logged. Should we not be able to repair the equipment within a suitable time frame, Konica Minolta Gauteng will provide a loan unit if available until such time as the machine has been repaired.
16. Konica Minolta Gauteng’s responsibility ceases if the equipment is repaired or adjusted by any person other than a representative authorized by Konica Minolta Gauteng, or should supplies and accessories other than those purchased from Konica Minolta Gauteng be used.
17. Call-outs for software support, network faults are chargeable at Konica Minolta Gauteng’s current hourly rates which are stipulated on the front of this agreement. Weekends and public holidays will incur 1.5 times the stipulated rate.
18. Toner deliveries are chargeable at a minimum of R120.00 per delivery increasing annually as per clause 13.0
19. Scans will be charged at 5 cents per scan unless otherwise stated in the Comments section on the reverse.
20. Konica Minolta Gauteng may, without notice to the Customer, assign and/or transfer all or any parts of its right, title and interest in and to this agreement to any third party/ies whatsoever. Any reference to Konica Minolta Gauteng in this agreement shall be deemed to include its cessionary/ies or delagee/ies.
21. Should the customer’s account be outstanding for 30 days or more, Konica Minolta Gauteng reserves the right to turn off the devise remotely until such time as full payment has been received.
22. The customer agrees that he may not cede any of his rights or obligations under this agreement to another without prior written consent by Konica Minolta Gauteng.
23. This agreement constitutes the entire agreement between the customer and Konica Minolta Gauteng and no warranty, or statement not contained in this agreement shall be binding on Konica Minolta Gauteng.
24. In terms of the Protection of Personal Information Act,2013 (Act 4 of 2013), also called the POPI Act or POPIA, which came into effect on 1 July 2021, we would like to assure you that KMG Office Supplies (Pty) Ltd treats your personal information with the utmost privacy. We shall not share any of your personal information with anyone provided your account is up to date. To provide a service and to be able to communicate, we need to store and process your personal information, this may include the following: Company name/initials, Surname, Address, Phone Numbers, Email Address, and ID/Registration No.  The personal information collected is only used by KMG Office Supplies (Pty) Ltd for the purposes defined at the time of the collection or a use that complies with these purposes.  As a company processing information, we are legally compliant.