05-135, Ricoh Image Scanner
Leasing Company (Lessor):
Ricoh
I Customer _
Corp.
DESCRIPTION OF LEASED EQUIPMENT (Include quantity, make, model, serial no. and all attachments.) (Attach separate Schedule "A" If necessary.)
Quantity Serial Number Make/Model No. Description
Plain Language Equipment Lease
L
f\JNBL-
Billing Address
County:
SCHEDULE OF RENTAL PAYMENTS
TER'~~r~:SE
(IN MONTHS)
TOTAL NUMBER OF
PE~I~YMENTS
AMOUNT OF EACH PERIODIC PAYMENT 0 FMV
/lL/ ' ~,- $1.00 BUYOUT
$ (~APpllcabltTaxeS)
)( Monthly
o Other
BILLING PERIOD
o Quarterly
TERMS AND CONDITIONS
The cost of such insurance may be more than the cost of insurance you may be able to
obtain on your own and we may make a profit on such insurance.
6. TAXES AND OTHER FEES; INDEMNIFICATION. You agree to reimburse us for all
taxes (such as sales, use and property taxes) and charges in connection with the owner-
ship and use of the Equipment. Unless and until you have exercised your Purchase
Option at the end of the Lease, you agree that we are entitled to any and all tax benefits
(such as depredation and tax credits), and you will not do anything inconsistent with this
understanding. If you do, you will indemnify (reimburse) us for our resulting losses. You
also agree to indemnify us for all losses and liabilities arising out of the ownership or your
use of the Equipment. These promises will continue after this lease ends.
7. DEFAULT. If you fail to remit to us any payment within ten days of its due date or you
breach any other obligation under this Lease, we will have the right to do one or more of
the following: (i) sue you for all past due payments; (iI) sue you for THE PRESENT
VALUE OF ALL PAYMENTS TO BECOME DUE IN THE FUTURE as liquidated damages
and not as a penalty, plus the residual value we have placed on the Equipment and other
charges you owe us; and (iii) repossess the Equipment. All amounts due us and to
become due hereunder shall be due immediately upon the commencement of any
proceeding for reorganization or liquidation of your debts under federal or state law. We
may also exercise any other remedy available at law or equity. You will also pay for our
reasonable collection and legal costs. EXCEPT AS OTHERWISE PROVIDED IN PARA-
GRAPH 1, THIS LEASE IS GOVERNED BY NEW JERSEY LAW, AND YOU AGREE TO
BE SUBJECT TO SUIT IN NEW JERSEY. YOU CONSENT TO PERSONAL JURISDICTION
IN THE NEW JERSEY COURTS AND WAIVE ANY TRIAL BY JURY.
8. ASSIGNMENT. You agree that you may not assign (transfer) this lease or sublease the
Equipment to anyone else or remove the Equipment from the location listed above. YOU
AGREE THAT WE MAY SELL OR ASSIGN ANY OF OUR INTERESTS TO A NEW
OWNER OR A SECURED PARTY (''THIRD PERSON") WITHOUT NOTICE TO YOU. In
that event, the Third Person will have such rights as we assign to them but none of our
obligations (we will keep those obligations), and the rights of the Third Person will not be
subject to any claims, defenses or set-olls that you may have against us or another person.
9. MISCELLANEOUS. All financial information you have provided is true and a reasonable
representation of your financial condition. You authorize us or our agent to (a) obtain credit
reports and make credit inquiries, and (b) release information we have about you and this
Lease to third parties. For your convenience, we may accept a facsimile copy of this
Lease with facsimile signatures. You agree a facsimiie copy will be treated as an original
and will be admissible as evidence of this Lease.
1. LEASE CHARGES. You (the leasing customer, or lessee) agree to lease from us (the
above leasing company) the above Equipment for the periodic payment amount and for
the full term stated above. We may charge you a partial payment for the time between the
delivery date and the due date for the first payment. Lease Payments are due whether or
not invoiced. If any payment is late, we may charge you, as reasonable collection costs, a
late fee of $25.00 or 10% of the amount that is late, whichever is greater, but in no event
more than the maximum amount permitted under the laws of the jurisdiction where the
Equipment is located.
2. END OF TERM OPTIONS. If you are not in default at the end of the term of the Lease
and upon 30 days prior written notice to us, you may purchase all of the Equipment AS IS,
for its fair market value as determined by us or for $1.00 if this option has been extended
to you as noted above (the "Purchase Option"). You agree to return the Equipment to us
at your cost at the end of the Lease unless you exercise the Purchase Option. If you don't
return the Equipment, this Lease will continue for the same terms on a monthly basis.
3. OTHER IMPORTANT TERMS. THIS LEASE CANNOT BE CANCELED BY YOU FOR
ANY REASON, INCLUDING EQUIPMENT FAILURE, LOSS OR DAMAGE. YOU MAY
NOT REVOKE ACCEPTANCE OF THE EQUIPMENT. YOU, NOT WE, SELECTED THE
EQUIPMENT AND THE VENDOR. WE ARE NOT RESPONSIBLE FOR EQUIPMENT
FAILURE OR THE VENDOR'S ACTS. YOU ARE LEASING THE EQUIPMENT "AS IS",
AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING
SPECIFICALLY, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR SERVICE
REPAIRS. Any warranties the vendor gave to us, if any, we hereby assign (pass) to you.
You may contact the vendor for a statement of such warranties, if any. You certify to us
that the Equipmentwill be used by you solely for business purposes and not for personal
or household purposes.
4. TITLE. We will have title to the Equipment during this Lease. The parties hereby intend
this to be a "finance lease" under Article 2A of the Uniform Commercial Code (the "UCC").
However, if this Lease is determined not to be a "finance lease," you hereby grant us a
security interest in the Equipment. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, YOU WAIVE ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY
ARTICLE 2A OF THE UCC.
5. LOSS; DAMAGE; INSURANCE. You are responsible for and accept the risk of loss or
damage to the Equipment. You agree to keep the Equipment insured against all risks of
loss in an amount at least equal to the replacement cost, and you will list us as loss
payee. You shall give us written proof of all insurance. If you do not give us such proof,
we may (but will not be obligated to) obtain other insurance and charge you a fee for it.
Date
NOv. 013
\M Q.: t
PERSONAL GUARANTY
I/WE (EACH A "GUARANTOR") JOINTLY AND INDIVIDUALLY, PERSONALLY, ABSOLUTELY AND UNCONDITIONALLY GUARANTY ALL PAYMENTS AND OTHER OBLIGATIONS
OWED TO THE LEASING COMPANY UNDER THIS LEASE AND THIS GUARANTY. I/WE AGREE THAT THE LEASING COMPANY MAY PROCEED DIRECTLY AGAINST ME/US
WITHOUT FIRST PROCEEDING AGAINST THE LEASING CUSTOMER OR THE EQUIPMENT. I/WE CONSENT TO PERSONAL JURISDICTION IN THE NEW JERSEY COURTS
AND WAIVE ANY TRIAL BY JURY. EACH GUARANTOR HEREBY WAIVES NOTICE OF ACCEPTANCE OF THIS GUARANTY, LESSEE'S DEFAULT, A NOTICE OF DEMAND,
PROTEST AND ALL OTHER NOTICES TO WHICH LESSEE OR GUARANTOR MAY BE ENTITLED AND EACH GUARANTOR WAIVES NOTICE OF AND CONSENTS TO ANY
MODIFICATIONS OR AMENDMENTS TO THIS LEASE.
SIGNATURE (INDIVIDUALLY; NO TITLES)
X
Date
SIGNATURE (INDIVIDUALLY; NO TITLES)
X
Date
GUARANTOR #1 Name and Home Address (Please Print)
GUARANTOR #2 Name and Home Address (Please Print)
DELIVERY AND ACCEPTANCE CERTIFICATION
THE LESSEE HEREBY CERTIFIES THAT ALL EQUIPMENT REFERRED TO ABOVE HAS BEEN DELIVERED, IS FULLY INSTALLED AND IT IS IN GOOD OPERATING ORDER AND
LESSEE UNCONDITIONAU. ViiS THE EQUIPME"'. -i../ _ . Ad.vlinis1ra+'"
DATE OF DELIVERY I C). ~/ 05 AUTHORIZEDSIGNATUR~ 8..s~YL TITLE CJ~"';::"
ACCEPTED BY RICOH CUSTOMER FINANCE CORP. (Lessor)
By Title Date Lease #
Municipal Addendum To
Ricoh Business Systems
Lease Application & Agreement
(CA-0392) (CA-0414)
ADDENDUM TO PLAIN LANGUAGE EQUIPMENT LEASE
The terms of this Addendum are fully integrated in and mad? a pan of the Plain Language Equipment Lease (the "Lease")
between you and Ricoh Customer Finance Corp. dated It ~ 05' .
1. YOUR REPRESENTATIONSIWARRANTIES: You represent, warrant and covenant to us that: (i) you are a State or a
political subdivision or agency of the State in which you are located; (ii) you are authorized to enter into the Lease and this
Addendum and to perform all of the obligations thereunder; (iii) you have complied with all state laws and bidding require-
ments applicable to the Lease and this Addendum; (iv) the person executing the Lease and this Addendum possesses the
necessary authority to execute the Lease and this Addendum on your behalf and has done so in accordance with all appli-
cable laws, rules, ordinances and regulations; (v) the Equipment will be used solely for the purpose of performing govern-
mental functions and the use of the Equipment is essential for such functions; (vi) you intend to use the Equipment for the
entire lease term and shall take all necessary action to include in your annual budget funds required to fulfill your obliga-
tions for each fiscal year during the lease term; and (vii) all payments due and to become due during your current fiscal
year are within the fiscal budget of such year and are included with an appropriation currently available for the lease of the
Equipment.
2. NON-APPROPRIATION: If you are not appropriated funds for the next fiscal period to continue the leasing of the
Equipment or services and have no funds for the purchase, lease or renting of equipment performing functions similar to
those performed by the Equipment and you have no funds from other sources, (collectively, "Non-Appropriation") you may
terminate the Lease at the end of the then current fiscal year, by giving ninety (90) days written notice to us, and enclos-
ing a sworn statement that those conditions exist. In this sole event, you shall not be obligated to make payments beyond
the end of the then fiscal period provided you return the Equipment to us at your own expense. Upon the occurrence of this
event, we may require from you an opinion of your counsel to this effect together with appropriate documentation of such
Non-Appropriation. If you terminate the Lease as a result of a Non-Appropriation, you may not purchase, lease, rent or other-
wise acquire any other equipment that performs functions similar to those performed by the Equipment for a period of
twelve (12) months following the date of termination. You agree that the terms and conditions of the Lease and this
Addendum conform with the terms and conditions of any purchase order, bid or other specifications issued regarding the
Equipment covered by the Lease or, if they do not conform, that the terms and conditions of the Lease and this Addendum
shall prevail over any conflicting terms of a purchase order, bid or other specifications.
)(
3. PURCHASE OPTION: Provided you are not in default, during the lease term you shall have the option to purchase the
Equipment for the applicable purchase option amount set forth in section 2 of the Lease.
By signing in the space indicated below you agree to be bound by all of the terms of the Lease and this Addendum.
~ ~-fi
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By:
Title:
Ricoh
I Customer__
Corporation
Printed in U.S.A. 10M 3/04
CA-0415
le 0 @ ill) DO".
Q'CCH BU;:;I~JE3S SYSTEMS
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October 21" 2()()5
A Proposal for
Kimberly Smith
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
Pricing/T erms and Conditions
One Ricoh IS760D COIO:,~ Image Scanner
Dual CCD Image Sensors
200dpi - 400dpi Optical Capture Resolution
75 - 800 dpi Output In 1-dpi Increments
10-bit Internal Capture 1,024 Gray Levels
200 Sheet Auto Doc. Feed-Handles 11lb To 42 lb Bond/87 lb Index
.Ultra-sonic Double-feed Detection
Simplex-Black & White 75ppm and Color 40ppm @200dpi
Duplex-Black & White U2imp and Color 62imp @200dpi
Automatic Cropping And Deskewing
Color Drop-out-Red, Green & Blue
Auto PhotolLetter Setting and Auto Contrast Setting
Select Specific Area For Scanning
Delivery, Set Up and Training
Retail Price:
Your Price:
Lease for 36 Months: (FMV)
$ 7,985.00
$ 3,923.00 plus tax
S ] ~ 1.65 per month.
Maintenance: Annual full coverage maintenance ~ 100.00 includes all parts
and labor.
Prepared by:
Tony Christian
(408) 969-4135
Fax: (408) 496-6980
Tony.Christian@ricoh-usa.com
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IS760/IS760D
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(Mput Re9OOJtion
BIod< & Wl1ile
ColoI
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ADf 12.2',80" (305 <ml' 2000 mm)
Ra1bll<l 12.2' , 173' (305 mrn , 432 mm)
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1m 802. lib WIreless LAN
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Scanning Sllee<ls'
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400dpj
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~ Printed In USA Of' mcycled paper because Rieoh cares.
Image Communication
Ri(O~ Corporal:Cl' L,e O<idr.rk Pi.Ke. Wesl Caldwell NJ 01006
PlIont: (973) 882-2000 ' Web ~rte' httpJ/www.ricoh.USB.com
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