3M Wireless Communication System 36 Month Maintenance Program Bill To Customer Store Number Address City Equipment Location Customer Store Number Address State Zip State Zip Phone# Phone# E-mail Address City Agreement Start Date Contract # To be assigned by 3M The 3M Wireless Communication System 36 Month Maintenance Program is a flexible extended service program that provides: Reliable, 3M factory certified performance of your 3M Drive-Thru System. Recognition of the value of your existing warranty, if any. Two return options to choose from: (1) Advanced Replacement or (2) Repair & Return. A Manager s Service Kit automatically sent to your store every six months. Four batteries provided every twelve months. The option for Audio Improvement Services is offered in year one or year three of the agreement. Defined Terms In Audio Improvement Service Advanced Replacement Repair & Return Months remaining of 24 month manufacturer s warranty 36 Month Maintenance Program minus remaining In month minus 12 month Audio Improvement Audio Improvement Services must be elected for year one or year three of the Agreement and are provided concurrently with Advanced Replacement Option services or Repair & Replace Option services (as elected by customer). Audio Improvement Services defined as follows: Audio Improvement Single Lane includes: one (1) speaker, one (1) microphone and one (1) acoustic improvement kit. Installation is Audio Improvement Dual Lane includes: two (2) speakers, two (2) microphones and two (2) acoustic improvement kits. Installation is Advanced Replacement allows Customers to quickly receive refurbished replacement equipment. Refurbished replacement equipment will be shipped by 3M within one (1) business day of authorization of Customer s request for Advanced Replacement. Maximum two (2) pieces of equipment per location, per request. (See Exhibit A: Replacement Services for more details regarding Advanced Replacement Services.) Equipment will be repaired and returned to Customer within approximately seven (7) business days from 3M s receipt of authorized Repair & Return Equipment.
Service Service Option 1 3M Wireless Communication System Model XT-1 (only) Advanced Replacement Option Available for 3M Wireless Communication System Model XT-1 ( XT-1 ) only. Option covers 3M Wireless Communication System Model XT-1 Headsets, Base Stations and Battery Chargers. Pricing includes: Advanced Replacement services. 3M Call Center must authorize Advanced Replacement services before Advanced Replacement Equipment will be shipped by 3M to Customer. Refurbished replacement equipment will be shipped within one (1) business day after Customer s request for Advanced Replacement has been authorized. For each one (1) year period during the term of this Agreement, Advanced Replacement of Equipment is limited to two (2) times the number of the headsets at the Equipment Location with a maximum of two (2) pieces of equipment replaced per Equipment Location, per request. Advanced Replacement services will not be authorized for additional Equipment until 3M has received the defective Equipment from any previous Advanced Replacement request. (See Exhibit B: Replacement Services for more details regarding Advanced Replacement services.) Manager s Service Kit every six (6) months includes: ten (10) headset ear pads, ten (10) head pads, ten (10) windscreens, five (5) ear cups. Manager s Service Kit will be shipped to Customer in months one, seven, thirteen, nineteen, twenty-five and thirty-one of the Agreement. Four (4) batteries every twelve (12) months. Batteries will be shipped to Customer in months seven, nineteen and thirty-one of the Agreement. Audio Improvement Services must be elected for year one or year three of the Agreement and are provided concurrently with Advanced Replacement service. Audio Improvement includes: o Audio Improvement Single Lane includes: one (1) speaker, one (1) microphone, one (1) acoustic improvement kit. Installation is o Audio Improvement Dual Lane includes: two (2) speakers, two (2) microphones, two (2) acoustic improvement kits. Installation is Service Option 2 3M Wireless Communication System Models XT-1 or C1060 Repair & Return Option Available for 3M Wireless Communication System Model XT-1 ( XT-1 ) and 3M Wireless Communication System Model C1060 ( C1060 ). Option covers 3M Wireless Communication System Model XT-1 Headsets, Base Stations and Battery Chargers and 3M Wireless Communication System Model C1060 Headsets, Base Stations and Battery Charges. Pricing includes: Repair & Return services. Equipment will be repaired and returned to Customer within approximately seven (7) business days from 3M s receipt of authorized return equipment. (See Exhibit B: Replacement Services for more details regarding Repair & Return services.) Manager s Service Kit every six (6) months includes: ten (10) headset ear pads, ten (10) head pads, ten (10) windscreens, five (5) ear cups. Manager s Service Kit will be shipped to Customer in months one, seven, thirteen, nineteen, twenty-five and thirty-one of the Agreement. Four (4) batteries every twelve (12) months. Batteries will be shipped to Customer in months seven, nineteen and thirty-one of the Agreement. Audio Improvement Services must be elected for year one or year three of the Agreement and are provided concurrently with Repair and Replace services. Audio Improvement includes: o Audio Improvement Single Lane includes: one (1) speaker, one (1) microphone, one (1) acoustic improvement kit. Installation is o Audio Improvement Dual Lane includes: two (2) speakers, two (2) microphones, two (2) acoustic improvement kits. Installation is Service Elections Step One: List Your Equipment Fill in all serial numbers of the equipment you would like to include under this Maintenance Program: (if you need more space, use a separate sheet of paper) Serial # Headsets and Base Stations Serial # Headsets and Base Stations Page 2
Service Elections (cont.) Step Two: Design Your Service Choose the coverage you need and calculate your Maintenance Program price. Number of Headsets 3 4 5 6 7 8 9 10 11 12 Number of Lanes Headset Model Type Single Lane (1) Dual Lane (2) XT-1 C1060 Service Type Audio Improvement Repair & Return Advanced Replacement (Model XT-1 Only) 1 Year 3 Year Step Three: Calculate Your Service Price Table 1 Service Option 1: Advanced Replacement Monthly Pricing Number of XT-1 Headsets In Out of Audio Improvement 3 Headsets Single Lane $32 $63 $90 4 Headsets Single Lane $37 $78 $105 5 Headsets Single Lane $42 $93 $120 6 Headsets Single Lane $47 $109 $136 6 Headsets Dual Lane $47 $109 $152 7 Headsets Single Lane $52 $124 $151 7 Headsets Dual Lane $52 $124 $167 8 Headsets Single Lane $57 $139 $166 8 Headsets Dual Lane $57 $139 $182 9 Headsets Single Lane $62 $154 $182 9 Headsets Dual Lane $62 $154 $197 10 Headsets Single Lane $67 $170 $197 10 Headsets Dual Lane $67 $170 $212 Table 2 Service Option 2: Repair & Return Monthly Pricing Number of XT-1 or C1060 Headsets In Out of Audio Improvement 3 Headsets Single Lane $16 $47 $74 4 Headsets Single Lane $16 $58 $85 5 Headsets Single Lane $16 $68 $95 6 Headsets Single Lane $16 $78 $105 6 Headsets Dual Lane $16 $78 $121 7 Headsets Single Lane $16 $89 $116 7 Headsets Dual Lane $16 $89 $132 8 Headsets Single Lane $16 $99 $126 8 Headsets Dual Lane $16 $99 $142 9 Headsets Single Lane $16 $109 $136 9 Headsets Dual Lane $16 $109 $152 10 Headsets Single Lane $16 $119 $146 10 Headsets Dual Lane $16 $119 $162 Refer to Tables 1 and 2 above for pricing, see Exhibit A for examples. In TOTAL N/A N/A Audio Improvement x by Number ) TOTAL 36 N/A 12 N/A Improvement Year Non-Improvement Year Improvement Year Non-Improvement Year Step Four: Sign and Return Authorized Signature is required to validate the above Maintenance Program agreement. Customer 3M Authorized Dealer Authorized Signature Date Name Date Please print name and title Forward this form to: 3M Building & Commercial Services Division, 3M Center, Bldg. 500, St. Paul, MN 55144-1000 Fax Agreement to: 651-736-4820 For service and support, please call: 1-800-328-0033 Page 3
EXHIBIT A Examples Example 1 24 months remaining of 24 month original manufacturer s warranty 3M Wireless Communication System Model XT-1: 5 headset system single lane Advanced Replacement Option for 36 months 12 months of Audio Improvement Services x In 24 $42 $1008 0 (36 months 24 months In 12 months System Audio Improvement = 0 months Out of ) $93 $0 by Number ) TOTAL N/A N/A $1008 8 $126 Audio Improvement 12 $120 $1440 4 $360 TOTAL 36 N/A $2448 12 N/A $126 $126 $126 $126 $126 $126 $126 $126 $360 $360 $360 $360 Improvement Year X Non-Improvement Year X Improvement Year Non-Improvement Year Example 2 16 months remaining of 24 month original manufacturer s warranty 3M Wireless Communication System Model XT-1: 5 headset system single lane Advanced Replacement Option for 36 months 12 months of Audio Improvement Services x In 16 $42 $672 8 (36 months 16 months In 12 months Audio Improvement = 8 months ) $93 $744 by Number ) TOTAL N/A N/A $1416 8 $177 Audio Improvement 12 $120 $1440 4 $360 TOTAL 36 N/A $2856 12 N/A $177 $177 $177 $177 $177 $177 $177 $177 $360 $360 $360 $360 Improvement Year X Non-Improvement Year X Improvement Year Non-Improvement Year Example 3 0 months remaining of 24 month original manufacturer s warranty 3M Wireless Communication System Model XT-1: 5 headset system single lane Advanced Replacement Option for 36 months 12 months of Audio Improvement Services x In 0 $0 $0 36 (36 months 0 months In 0 months Audio Improvement = 36 months ) $93 $3348 by Number ) TOTAL N/A N/A $3348 8 $279 Audio Improvement 12 $0 $0 4 $360 TOTAL 36 N/A $3348 12 N/A $279 $279 $279 $279 $279 $279 $279 $279 $360 $360 $360 $360 Improvement Year X Non-Improvement Year X Improvement Year Non-Improvement Year Page 4
EXHIBIT B Replacement Services 1) Repair Services will consist of all labor, service parts and equipment modifications 3M deems necessary to restore the Equipment, as contracted for by this Agreement, to good working order. Equipment Repair Services provided under this Agreement do not insure uninterrupted operation of the equipment. Repair Services necessitated by other than ordinary use, as determined by 3M in its sole discretion, are not covered by this Agreement. Repair Services provided under this Agreement also do not include additional Exclusions as described in Section 4: Exclusions of the Terms and Conditions. 2) Equipment Repair Services include, but are not limited to, lubrication, adjustments, and replacement of parts deemed necessary by 3M in its sole discretion. Repair parts for Equipment Repair Services shall be furnished on a repair or exchange basis, and the replaced parts shall become the property of 3M. 3) Equipment components that are not eligible for Repair Services include: batteries headset ear pads, windscreens, menu speakers, menu microphones and power supplies. 4) Repair Services will be provided pursuant to the following service process: a) Customer uses local tools to resolve problems, including the quick reference guide, trouble shooting guide and operator s manual. b) If problem not resolved, Customer will contact 3M Call Center at (800) 328-0033 prompt 1 then 2. i. 3M Call Center will take the detailed information from the unit, including unit number, Customer contact, Equipment serial numbers, detailed description of problem and any attempted resolutions. ii. 3M Call Center will troubleshoot and evaluate Advanced Replacement, Repair & Return or On-site Repair Service needs. iii. 3M will authorize Advanced Replacement or Repair & Return Services if required or dispatch on-site service if necessary. 5) Description of Services a) Advanced Replacement Services i. 3M Call Center must authorize Advanced Replacement Services before Advanced Replacement Equipment will be shipped by 3M to Customer. ii. Refurbished equipment will be shipped by 3M to Customer, within one (1) business day after Customer receives Advanced Replacement authorization from 3M. Shipment will be made using 2 nd day freight. iii. Defective Equipment must be returned to 3M within thirty (30) days of Advanced Replacement shipment from 3M, or Advanced Replacement Equipment will be billed to Customer at unit price. Customer may use packaging for Advanced Replacement Equipment to ship Defective Equipment back to 3M Repair Center 2310 Ventura Drive, Woodbury, MN 55125. Advanced Replacement services will not be authorized for additional Equipment until 3M has received the defective Equipment from any previous Advanced Replacement request. iv. For each one year period during the term of this Agreement, Advance Replacement of Equipment is limited to double the number of headsets at that location. For example: If Customer has a five (5) headset system, the Customer would be limited to ten (10) cumulative advanced replacements of any combination of headsets, base stations or battery chargers per year. v. Advanced Replacement of Equipment is limited to the replacement of two (2) pieces of equipment per authorized Advanced Replacement request. vi. Equipment repairs that are not covered under warranty and/or Maintenance Program will be charged to Customer at 3M s applicable rates and terms then in effect for labor and materials supplied by 3M. b) Repair & Return Service i. 3M must authorize Repair & Return services. ii. Upon 3M authorization, Customer will ship the defective equipment to: 3M Repair Center 2310 Ventura Drive Woodbury, MN 55125. iii. To receive a UPS label Customer can contact 3M Repair Center by phone or email RepairCenter@3M.com iv. 3M will repair and return ship Equipment within approximately seven (7) working days of receipt of authorized Repair & Return Equipment from Customer. c) 3M On-Site Repair Services i. If 3M Call Center determines on-site service is required and Equipment is still in, 3M will initiate authorized On-site Repair Services, subject to the terms of the original manufacturer s warranty. ii. If Equipment is no longer under the original manufacturer s warranty, 3M Call Center can assist Customer with locating a 3M Authorized Dealer to perform On-Site Repair Services. On-Site Repair Services will be charged to the Customer at 3M Authorized Dealer s applicable rates and terms then in effect for supplied labor and materials. Page 5
Terms and Conditions 3M Company, a Delaware corporation, acting through its 3M Building & Commercial Services Division, with its principle place of business at 3M Center, St. Paul, Minnesota 55411-1000 (hereinafter called 3M ), and Customer agree that the services as selected in Step Two of this Agreement to be provided by 3M to Customer shall be performed for the selected period of time pursuant to the terms and conditions set forth in this Agreement. 3M agrees to provide and Customer agrees to accept the repair services as described in Exhibit A of this Agreement (the Repair Services ) for the equipment listed in Step One of this Agreement (hereinafter, all products listed on Step One of this Agreement are referred to collectively as the Equipment.) 1. Term. This Agreement shall begin as of the Agreement Start Date and expire thirty-six (36) months later, unless terminated pursuant to Section 9: Termination. 2. Prices and Payment: Payment terms are net thirty (30) days from the date of 3M invoice. Customers that enter into this Agreement while Equipment is still under the manufacturer s original twenty-four month warranty shall be invoiced quarterly. Customers that enter into this Agreement after Equipment is out of warranty will be invoiced for the first year of services as of the Agreement Start Date with subsequent years (months 13 36) to be invoiced quarterly. Prices will not change for the term of this Agreement. Prices subject to change after 36 months. Failure to pay any invoice for such service within sixty (60) days of receipt shall relieve 3M of any obligation to provide service, without further notice. 3. Acceptance. This Agreement shall not be binding unless and until it has been accepted by the signature of an authorized representative of each of the parties. Any other promise or act, including a promise to perform Repair Services or the performance of any Repair Services, without full execution of this Agreement, shall not constitute acceptance by 3M of this Agreement. 4. Exclusions. This Agreement only covers 3M branded Equipment. Repair Services necessitated by unauthorized modification and/or repair of the Equipment, or those Repair Services necessitated by accident, neglect, misuse, failure to follow the manufacturer s published operating specifications or Repair Services necessitated by other than ordinary use, as determined by 3M in its sole discretion, are not covered by this Agreement. Repair Services provided under this Agreement also do not include: a. Work or replacement of parts made necessary by customer carelessness, transportation or by failure of electrical power, air conditioning or humidity control, or by use of non-recommended supply items or by causes other than ordinary use. b. Work external to the Equipment listed in this Agreement. c. Accessories, attachments, machines or other devices not furnished by 3M. d. Relocation of the Equipment. e. Repair Services necessitated by alterations to the Equipment by mechanical or electrical connections to another machine or device which is not part of the Equipment. 5. Repair Service. 3M warrants that Repair Services performed under this Agreement by 3M will be performed competently and in accordance with industry practices, and the equipment and service parts furnished by 3M will be free of material defects in material and manufacture upon installation. 3M MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If any failure to meet the foregoing warranty occurs and notice thereof is provided to 3M by customer within six (6) months of the termination of this agreement, 3M will correctly re-perform the services identified or replace or repair, at 3M s option, the defective equipment or service part provided. The foregoing constitutes the sole and exclusive remedy for breach of this warranty. 6. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, 3M SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSS BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, EVEN IF 3M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, EQUIPMENT USE, DATA OR INFORMATION OF ANY KIND. 3M SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING REPAIR SERVICES UNDER THIS AGREEMENT. 7. Access. Customer shall grant to 3M service personnel full and free access to the Equipment to provide Repair Services, or to inspect the Equipment, subject only to Customer s security regulations which Customer shall disclose in advance to 3M. Customer shall not permit persons other than authorized representatives of 3M to repair the Equipment during the term of this Agreement. 8. Equipment Transfer/Assignment. Any sale or transfer of Equipment covered by this Agreement to a person other than the Customer listed herein will exclude such Equipment from the terms of this Agreement. 3M reserves the right to assign this Agreement upon written consent of Customer. 9. Termination. This Agreement may be terminated effective at the end of the first year, or at any time thereafter, by either party, upon thirty (30) days prior written notice of termination given to the other party. Notwithstanding the above, either party may terminate this Agreement for failure of the other to comply with any of its terms and conditions. In the event that 3M terminates this Agreement, 3M shall refund to Customer any prepaid charges received by 3M for any period of time following such termination date, calculated on a pro rata basis, for the remainder of any thencurrent term of this Agreement. Repair Services performed by 3M after the termination of this Agreement shall be charged to the Customer at 3M s applicable rates and terms then in effect for labor and materials supplied by 3M. 3M may suspend performance under this Agreement if Customer is in default or in arrears in payments to 3M under this Agreement. 10. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior or contemporaneous oral representations or understandings of any kind. This Agreement may not be modified except by written agreement signed by each of the parties hereto. 11. Waiver. The waiver of any breach or default under this Agreement by either party shall constitute a waiver only as to such particular breach or default and shall not constitute a waiver of any other breach or default. No claim or right arising out of a breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of a claim or right unless the waiver or renunciation is in writing and signed by an officer of the aggrieved party. 12. Force Majeure. 3M shall not be responsible for failure to render Repair Services due to causes beyond its reasonable control, including, but not limited to, theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of a governmental body or authority, or shortage of materials. 13. Notices. Service of all notices under this Agreement shall be in writing and sent by certified mail, postage prepaid, return receipt requested, and addressed to the parties at their addresses set forth hereinabove. Each party may change their notice address by written notice, as set forth herein, during the term of this Agreement. 14. Governing Law. This Agreement shall be governed by and in accordance with the laws of the state of Minnesota. 15. Enforceability. In the event that any provision of this Agreement is found to be unconstitutional or otherwise unenforceable, the remaining provisions shall continue to be enforceable. Building and Commercial Services Division 3M Center, Building 223-2N-21 St. Paul, MN 55144-1000 USA www.3m.com/xt-1 3M is a trademark of 3M Company. Please recycle. Printed in the U.S.A. 3M 2012. All rights reserved 78-8134-0516-0