Neopost USA Maintenance Terms October 2009

Thank you for purchasing Maintenance Services from Neopost USA Inc. ("Neopost"). This document is a part of your Agreement with Neopost and it provides additional details regarding Neopost's Maintenance Program.

Maintenance services, as described herein, will be provided for the Equipment at the Equipment Location. Neopost agrees to provide the parts and labor associated with the ordinary maintenance of the Equipment as required due to normal wear and tear ("Maintenance Services"). Unless Customer has purchase PremierPlus maintenance service, Maintenance Services do not include consumable parts (felt, brushes, etc.). Supplies (i.e. ink, roll tape, labels, etc.) are not included in Maintenance Services. Maintenance Services may also include preventative maintenance and inspections from time to time, as determined by Neopost. Neopost may, at its option, designate a third party to provide Maintenance Services.

Neopost, in its sole discretion, may service the equipment by replacing it with new, or like-new, equipment; provided that such replacement equipment is substantially similar to the Equipment. Maintenance Services will be provided during normal business hours.


  • For Purchased Equipment:
    Customer shall commence paying for the Maintenance Services on purchased equipment ninety (90) days after delivery of the Equipment. All fees for Maintenance Services ("Maintenance Fees") on purchased Equipment are invoiced annually, in advance.
  • For Leased Equipment:
    If the Equipment is being leased from MailFinance Inc. and the Maintenance Fee has been included in the lease payment amount ("Leased Equipment"), then Maintenance Services will be provided at no extra cost, except for the Additional Charges (as defined below), for the Initial Term of the lease. Customer shall commence paying for the Maintenance Services on Leased Equipment, where Maintenance Fees are included in the lease payment, on the date the lease commences. During any Renewal Term, Customer agrees to pay the then-current fee for Maintenance Services.
  • Other Fees:
    In addition to the Maintenance Fees, Customer agrees to pay for: (a) labor, parts, and expenses for maintenance or repair that is part of an Excluded Service (as defined below); and (b) travel expenses for any on-site maintenance services that in the opinion of Neopost is not deemed necessary (collectively "Additional Charges"). All Additional Charges shall be at Neopost's then-current published rates for time and materials. Charges for labor shall include travel expenses (including travel time, gas, tolls, mileage, etc.).

All payments for Maintenance Services are nonrefundable.
Neopost may adjust the Maintenance Fees at the end of the Initial Maintenance Term (as defined below) and any renewal term.


  • For Purchased Equipment:
    Unless otherwise specified in the Agreement, the initial term of these Maintenance Services is one (1) year (the "Initial Maintenance Term"). Unless Customer provides ninety (90) days written notice to Neopost prior to the end of the Initial Maintenance Term, or any renewal term), the Maintenance Services shall automatically renew for an additional one (1) year term at Neopost's then-current rate for such service.
  • For Leased Equipment:
    The term of the Maintenance Services for Leased Equipment will be equal to the term of the lease as specified in the Agreement.

In order to receive Maintenance Services on the Equipment, the Customer must notify Neopost's National Service Dispatch Center of a need for service. Neopost may, at its sole discretion, attempt to resolve Equipment performance issues over the telephone. If Neopost determines that on-site service is necessary, Neopost shall provide such on-site service in accordance with the terms set forth herein.

Maintenance Services do not include:

  • de-installation of the Equipment, or moving the Equipment (however these services are available for an additional fee);
  • services provided before 8:00 a.m. or after 5:00 p.m. local time based on the location of the Equipment (however service is available outside of those hours for an additional fee);
  • maintenance or repairs made necessary by the failure of Customer maintain or use the Equipment in conformance with Neopost's specifications;
  • maintenance or repairs made necessary by changes in the design of the Equipment made by Customer or mechanical, electrical, or electronic interconnections, or the attachment of other parts or components to the Equipment by Customer;
  • maintenance or repairs made necessary by accidents or natural disasters
  • maintenance or repairs made necessary by the negligence of Customer;
  • maintenance or repairs made necessary by the unauthorized maintenance by Customer or any third party other than Neopost or its authorized service representatives;
  • damage or repair necessitated by relocation of the Equipment;
  • maintenance or repairs made necessary because Customer has exceed the published performance specifications for the Equipment;
  • maintenance or repairs made necessary by Customer's use of parts, consumables, or other supplies that do not comply with Neopost's specifications;
  • recovery of any customer data stored within Neopost equipment or the maintaining of any back up data
  • rebuilding or major overhauls which Neopost determines are necessary ("Reconditioning").

All of the foregoing are "Excluded Services." Excluded Services also include operator training beyond the initial training provided by Neopost and application configuration and set-up. In the event Customer requests Neopost to perform an Excluded Service, Customer shall pay Neopost its then-current hourly rate for those services (including travel time), as well as Neopost's then-current price for any parts required in connection with such services.

CUSTOMER'S MAINTENANCE OBLIGATIONS: Customer agrees to maintain the Equipment in accordance with Neopost's published specifications. Except as specified and approved by Neopost, Customer shall not perform, or permit third parties to perform, maintenance or repair on the Equipment.

COPIES OF DATA: Customer is solely responsible for all data stored on the Equipment and making copies of all such data prior to Neopost performing Maintenance Services.

USE OF NEOPOST SUPPLIES: If the Customer uses other than Neopost supplies and if such supplies are defective or unacceptable for use in Neopost machines and cause abnormally frequent service calls or service problems, then Neopost may, at its option, assess a surcharge or terminate the Maintenance Services. In this event, the Customer may be offered service on a "Per Call" basis based upon published rates. It is not a condition of this Agreement, however, that the Customer use only Neopost authorized supplies.

ENVIRONMENT/ELECTRICAL: Customer shall provide a suitable environment for Equipment as specified by the manufacturer. In order to insure optimum performance by the Neopost equipment, it is mandatory that specific models be plugged into a dedicated line and that they comply with manufacturer electrical specifications.

COMPLETE SYSTEM COVERAGE: All Neopost components (hardware and software) used in a system must be covered under Maintenance Services ("Complete System Coverage"). For example, a customer may not obtain Maintenance Services only for a mailing machine if it is used with a separate scale. In that case, the Customer would also need to purchase Maintenance Services for the scale. If a customer refuses to obtain Complete System Coverage, Neopost may terminate the Maintenance Services on any Equipment that is otherwise covered by such Maintenance Services.

ACCESS TO EQUIPMENT: Customer shall allow Neopost full and free access to the Equipment and the use of necessary data communications facilities and equipment at no charge to Neopost.

EQUIPMENT MODIFICATIONS: Customer shall not cause modifications or interconnections to be made, or accessories, attachments, or features to be added to the Equipment without Neopost's prior written approval.

Neopost may terminate the Maintenance Services, upon written notice to Customer, if:

  • Customer defaults on any payment due under this Agreement;
  • if the Equipment exceeds the maximum monthly or lifetime cycle counts for such Equipment;
  • the Equipment is modified, damaged, altered or serviced by personnel other than the Neopost Authorized Personnel;
  • parts, accessories, consumables, supplies, or components not meeting machine specifications are used with the Equipment;
  • Customer refuses to obtain Complete System Coverage;
  • any services are necessary because Customer has done (or failed to do) something that requires the performance of an Excluded Service; or
  • Customer decides not to proceed with any Reconditioning that is deemed necessary by Neopost.

Furthermore, if the Equipment is being leased, this Agreement shall automatically terminate as to any Equipment covered by the lease on the date such lease expires or is terminated.

October, 2009