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HomeMy WebLinkAbout87-86 ~. THE CORPORATION OF THE TCMN OF NE.W::ASTLE BY-LAW NUMBER 87-86 Being a By-Law to authorize the entering into a Lease with Office Equipnent Company of Canada The Municipal Council of the Corporation of the Town of Newcastle Hereby Enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, a lease between Office Equipment Company of Canada and the Corporation dated this day of April, 1987, which lease is attached hereto and marked Schedule "X". 2. That this By-Law not take effect until approved by the Ontario Municipal Board, pursuant to Section 64 (1) of the Ontario Municipal Board Act. By-Law read a first and second time this 27thday of April 1987. By-Law read a third time and finally passed this 27thday of April 1987. Mayor - 0-0. Ok:0" Clerk ., E 870565 .... .... Ontario Municipal Board Commission des affaires municipales de l'Ontario IN THE MATTER OF Section 64 of the Ontario Municipal Board Act, (R.S.O. 1980, c. 347 as amended) CZ1-Sl, - and - IN THE MATTER OF an application by The Corporation of the Town of Newcast1 e for an order approvi ng the enteri n9 into a proposed lease agreement between the applicant and Office Equipment Company of Canada with respect to the 1 easi n9 of one Canon NP8070 Photocopi er System 25 bi ns sorting - stapler for a period of seven years, and the disbursement of sums of money payab 1 e thereunder, all in accordance with such proposed agreement annexed hereto as Schedule "A" 8 E FOR E : - and - ] ] ] ] ] ] ] Monday, the 25th day of May, 1987 K.D. BINDHARDT Member G .A. HARRON Member THE BOARD ORDERS that this application be granted and that the applicant may enter into such lease agreement, provided that the Council of the applicant corporation in exercising any power approved by this order shall . " . " "c - 2 - E 870565 comply and conform with all statutory and other legal requirements related thereto. ...... .'. . - .. ,. '. .-.-. .,." I; :-., , ., .. ~.; ~ ~ t:J.. .ri.ol:.i.......... 1 ~'. ..t;r..~ -.. . ~ :':'.: . :: ~ 2l> . . \ ~ ,vli\/ 14'~, ....... ................... \; g . 1\ ..::;.,)'_., ; ..~+\~! ~ ...t~'T'l\"' '~'lT. 110.: . . ..L .... L:::....._:.:...~-_. - :':.:..,,::::~.... I~r ~.J ~ Ontario E 870565 Ontario Municipal Board Commission des affaires municipales de l'Ontario SCHEDULE nAn to the order of the Ontario Municipal Board .ade on the 25th day of M~, 1987 A copy of the proposed agreement to be entered into by The Corporation of the Town of Newcastle with Office Equipment Company of Canada. . SCHEDULE "A" E870565 A- 4686 Iv.ACHINE RENTAL AGREEMENT .J' f -, . o E 1nc. Office Equipment Company of Canada . . . Hereinafter referred to as "OE inc. (Office Equipment of Canada)" agrees to furnish to customer in accordance with the terms and conditions of this Agreement, the use of the equipment listed below: QuantitY Make Model Description Serial Number .one Canon NP-8070 Photoconier System - 25 Bins Sorting - Stapler Quarterly MontbtbJ Use Charge * Copies Incl. In Minimum Per Copy Rate* Installation Charge $1,902.00 45,000 per qua.rter includes service - and toner *Plus applicable sales tax. . The term of this Agreement is ...~.~......... months from date of installation and will continue in effect for successive subsequent terms of 24 months unless terminated by either party on not less than thirty (30) days written notice prior to the expiration of any term. No terms or conditions, expressed or implied, are authorized unless they appear on the "Original" of this order, signed by customer and approved by OE inc. (Office Equipment of Canada). Customer agrees that its obligation to pay the monthly rental and the rights of OE inc. (Office Equipment of Canada) to such monthly rental are absolute and unconditional and are not subject to any abatement, reduction, set-off, defense, counterclaim or recoupment due or alleged to be due to, or by reason of, any past present or future claims which customer may have against OE inc. (Office Equipment of Canada). THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF ARE INCOR- PORATED IN AND MADE PART OF THIS AGREEMENT. No one is authorized to change, alter, or amend the terms or conditions of this Agreement unless agreed to in writing by an Officer of OE inc. (Office Equipment of Canada). REFERENCES A CUSTOMER ACCEPTANCE Landlord Company CORPORATION OF THE TOWN OF NEWCASTLE Addre~ 40 Temperance St., Postal CityBowmanvillep,rov. Ont. Code L1Cl T6 Bank Branch , Telephone Number (416) 623-3379 '(Auth. Sign. ~ (printed) Title Date ice Equipment of Canada) ACCEPTANCE Installation address (if different from above) Date B Municipal Offices, Scugog Rd., Hampton, Onto By: Head Office Auth: Date Bill to: AD BO TERMS AND CONDITIONS '- 1. Title m and ownership of the equipment and furnishings leased shall at all time remain vested in the Lessor, and the Customer shall have no rights of ownership therein but shall have the use and enjoyment thereof. The customer agrees not to part with the custody or possession of any of the said equipment or furnishings during the term of the Agreement. 2. The said equipment and furnishings shall not be removed by the Customer to any other location without written permission of the Lessor. The Customer shall advise the Lessor of the name and address of his landlord before the delivery of the said office equipment and furnishings in order that the Lessor may notify the landlord of its title in the said equipment and furnishings which shall not become subject to the landlord's privilege. 3. Customer agrees to grant OE inc. (Office Equipment of Canada) or its authorized dealer access to its premises to read meters. service, inspect, repair or remove the equipment hereunder, and Customer agrees not to make any alterations to the equipment . and not to move the equipment from the location(s) where installed by OE inc. (Office Equipment of Canada) or its authorized dealer without prior written approval by OE inc. (Office Equipment of Canada). 4. A. Minimum monthly use charge for each unit of equipment will commence from the date the unit is installed and is payable monthly in advance. Overage rates will be billed monthly in arrears commencing from the date the unit is installed. B. If required, the Customer agrees to submit to OE inc. (Office Equipment of Canada) on the last working day of each month, OE inc. (Office Equipment of Canada) meter cards showing complete and accurate meter readings as of the date of completion. 5. This Agreement cannot be cancelled or terminated except as provided herein and will remain in force for the full term indicated herein. Upon termination of this Agreement, equipment will be released promptly to OE inc. (Office Equipment of Canada) or its authorized dealer and Customer will remit to OE inc. (Office Equipment of Canada) all mo~ies due hereunder. 6. OE inc. (Office Equipment of Canada) at its option, may terminate this Agreement without prior written notice where invoices are unpaid and overdue, or where the equipment has been moved, altered or tampered with. In such event the Customer shall be responsible for any damages sustained by OE inc. (Office Equipment of Canada) as a result. 7. OE inc. (Office Equipment of Canada) may at any time assign all or any part of its interest in this Rental Agreement or the equip- ment leased hereunder to a third party and such third party shall not be liable or responsible to customer for the obligations of OE inc. (Office Equipment of Canada) hereunder. 8. INSURANCE. Lessee shall obtain, and maintain for the entire term of this Agreement, at its own expense, property damage and liability insurance and insurance against loss or damage to the equipment including without limitation, loss by fire, (including extended coverage) theft, collision and such other risks of loss as are customarily covered by insurance on the type of equipment rented hereunder and by prudent operators of businesses similar to that in which Lessee is engaged, in such amounts, in such form and with such insurers as shall be satisfactory to Lessor. The amount of insurance covering damage to or loss of the equipment shall not be less than the greater of the full replacement value of the equipment or the instalments of rent then remaining unpaid hereunder. Each insurance policy will name Lessee and Lessor as insureds, will name Lessor as loss payee thereof, and shall con- tain a clause requiring the insurer to give to Lessor at least 10 days prior written notice of any alteration in the terms of such policy or of the cancellation thereof. At Lessor's request, Lessee shall furnish to Lessor a certificate of insurance or other evi- dence satisfactory to Lessor that such insurance coverage is in effect, provided, however that Lessor shall be under no duty either to ascertain the existence of or to examine such insurance policy or to advise Lessee in the event such insurance coverage shall not comply with the requirements hereof, lessee further agrees to give Lessor prompt notice of any damage to or loss of, the equip- ment, or any part thereof. Lessee wilt at its expense make all proofs of loss and take all other steps necessary to recover insurance benefits, unless advised in writing by Lessor that Lessor desires so to do, at Lessee's expense. Proceeds of insurance will be dis- bursed by Lessor against satisfactory invoices for repair or replacement of equipment, provided this Rental Agreement not then be in default. Performance by Lessee under this paragraoh will not affect or release Lessee's obligations and liabilities herein else- where provided. 9. The Customer agrees to pay all invoices promptly upon receipt of same. 10. The Customer shall not sublet any of the office equipment or furnishings nor assign this Rental Agreement or any rights thereunder without the written permission of the Lessor. 11. The Customer undertakes to maintain the said office equipment and furnishings and surrender same to lessor in good condition immediately upon the termination ot the Agreement, save for normal wear and tear. 12. No loss or damage to the equipment shall affect or impair the obligations of Customel hereunder which shall continue in full force and effect. All repairs shall be made by the lessor and the Customer shall be responsible for the payment of such repairs or in the event of a service contract currently in force between the parties the terms of such service contract shall apply. 13. The term "this Agreement" as used herein includes any future amendments, modifications or supplements made in accordance hereunder. THE CUSTOMER ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT AND UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS AND FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN PARTIES, WHICH SUPERSEDES ALL PROPOSALS ORAL OR WRITTEN RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 14. The Customer has requested that this Agreement be prepared in English. 15. This Agreement shall be interpreted and enforced in accordance with the laws of the Province of ....9.~~.~.~.~9............................. 16. This Rental Agreement shall enure to the benefit of and be binding upon the respective successors and ~ssigns of the parties hereto. o E inc. (Office Equipment Company of Canada) .. Montreal: 5990 Cote de Liesse H4T 1 V7 Ottawa: 768 Belfast Road K1G OZ6 Quebec: 2025 Rue Lavoisier, Ste-Foy G1N 4L6 Toronto: 525 Denison St, MMkham l3R lB8 Tel. (514) 342.5151 Tel. (613) 236.7281 Tel. (418) 6875630 Tel. (416) 491.9330 , , l(-- ., ,-. .~ . CC'''JDITIONAL SALES AGREJ::MENT o MONTREAL 5990 Cote de Liesse Road Montreal, P.Q. H4T lV7 . (514) 342-5151 TORONTO 525 Denison Street Markham, Ontario L3R lBB . (416) 491-9330 OTTAWA L / Of o 0 S lor N'l ----- Inc. 768 Bellas! nond CREDIT I T Ollawa, Ontario K1G OZ5 . (613) 236-72Bl I I "'WlD ION2 SHIP TON2 fROM lOCATION Nil rAlESMAN N9 f.O.B CARRIER PONi IDATE rEQUIRfD mm I d d I YY mm1ddjY' FREIGHT TERMS I CODE ORDERED BY LABEl S l.QFFICE USE ONl Y SMT'PO T S - - - - - - - - - - - - - - - - - - - - - - .-------....---.......-..---........ SOLD TO SHIP TO Cornoration of The Town of Newcastl ~ . 40 Temperance St . , ... Bowmanville. Onto T 1 r 1 'T'h ATTENT ION TElEPHONE ATTENTION TElEPHONE Lou Ann Birkett 623-3379 MFR PRODUCT CODE OUANTlTY on. UNIT DESCRIPTION UNIT PRICE AMOUNT (MODEl ) ORDERED SHIPPED Purrhase nnt-ion fnr Canon NP-8070/ ---_._._~ 25 Bins is balance of payments and $1,648.18 anytime. The Canon NP-8070j25 Bins is ------ warranted for seven vears and 2,000.000 copies and would be -_._._~._-_._- exchanged if unrepairab1e (mutual ---- agreement) . The contract includes Se \Je.. r-J II OeJ 0, OCl C> - qs pI!- C'. f-. lAJ 'iWl~C- 10/ 18 7 1st H-v-e years ~UU copies at SPECIAL INSTRUCTIONS 15,000 copies per month - toner and service. Includes the re-location and ownership of Canon SUBTOTAL ----. . NP-400AFSD at Hampton, Onto SHIPPING REFERENCE TOTAL .ANK ADDRESS TAX LANDLORD ADDRESS NET DUE "l(' undersigned Purchaser hereby agrees 10 buy from OE inc. Office EQuipment Co. of Canada hereinafter called "Ihe Vendor" Ihe n DE. o .. . I ) ancl Ve dor agrees 10 sell fo Purchaser, upon approval of thIS order. the goodS listed above upon Ihe above menhoned terms 0 payment. Purchaser, hereby also agrees he condItIons s on the back hereot. which conditions are hereby made part of this contract, further acknowledging having read and taken cognizance the be considered valid until officially accepted by the Company. Dated at Salesman Firm Name Approved By By Purchaser's Signature Authorized Signature . ~ - . ." ... CONDITIONAL SALES AGREEMENT IT IS AGREED 1. that property and ownership in and title to the said goods shall not pass to the Purchaser but shall remain with the Vendor, notwithstanding delivery of possession, until the purchase price of all of the said goods and interest, if any, thereon and the costs, charges and expenses incurred by the Vendor in connection with any proceedings to recover payment thereof under this or any previous or subsequent contract has been fully paid and all the terms and conditions hereof have been complied with. The goods shall be kept in the possession of the Purchaser and shall not be removed irom ii Ie rio.inco where delivery is made without permission 01 the Vendor and this Purchaser shall not transfer any interest in the goods or the contract until payment in lull 01 the purchase price shall have been made. 2, that the whole or any part of any payment made by the Purchaser at any time to the Vendor may be applied and appropriated by the Vendor in such manner as Vendor may in its sole discretion from time to time decide, upon this or any previous or subsequent indebtedness of the Purchaser to the Vendor notwithstanding any contrary direction by the Purchaser or of the terms of payment of any contract between the Vendor and the Purchaser or any entries or credits made in the books of the Vendor while there is any balance owing to the Vendor by the Purchaser. 3. that acceptance by the Vendor of any collateral notes or other security and the recovery of any judgment against the Purchaser shall in no way affect the rights of the Vendor to repossession and sale of goods. Loss or destruction of the goods shall not release the Purchaser from payment in full. 4. that time is of the essence of this agreement and should the purchaser make default in payment hereunder or breach any of the terms of this agreement or abandon or dispose of said goods or remove them from the premises specified as the Purchaser's address in this agreement without permiSSion of the Vendor in writing or if the said goods shall be seized for rent or taxes or if rents or taxes shall be overdue or unpaid on any premises where the goods are or if the Purchaser shall become insolvent or make in assignment for the benefit of creditors, the whole amount covered by the contract in any other contracts for goods purchased by the Purchaser from the Vendor, whether due or not, shall forthwith without notice become due and payable and Purchaser's right to possession of the goods specified in this and all other contracts with the Vendor shall immediately cease and all payments therefore made by the Purchaser shall be forfeited to the Vendor as and for liquidated damages and not as a penalty and as reasonable compensation for the use of said goods, injury to and depreciation thereof and expenses and trouble to respect of the same and the Vendor or the Vendor's agent may without process of law and without hindrance or opposition from the Purchaser enter upon any premises and take possession of the said goods without being liable for trespass. The waiver of any default shall not operate as a waiver of subsequent defaults and all remedies conferred upon the Vendor hereunder are cumulative. 5. that at the Vendor's option upon taking possession of the said goods and if Purchaser shall not redeem as herein provided, the Vendor may, on giving any notice thereof required by the Conditional Sales Act, sell the goods at public auction or private sale or by process of law and may charge against the proceeds of the said sale the costs and expense of repairing or putting the goods in proper shape for sale and of its costs and expenses of taking or obtaining possession and of such sale and of any action or suit in respect thereof and after deducting the net amount resulting from such sale from the amount of the purchase price owing by Purchaser may forthwith recovery any balance from the Purchaser by action or suit. 6. that Purchaser shall have the right to i~dei)m the lJoods repossessetl by thE' Vendor within twenty days after reposseSSion thereof upon paying the balance of all amounts payable under this or any prior or subsequent contract inciudi.-,g costs and expenses as aforesaid, and after the said twenty days purchaser shall have no claim against the Vendor in respect of the said goods or any payment made thereon. 7. Purchaser agrees to pay a carrying charge on any unpaid balance of account Purchaser acknowledges having received a copy of this agreement and admits that it embodies all of the obligations, terms, conditions, warranties and guarantees between the Vendor and the Purchaser with reference to the said goods. No other condition, warranty or representation expresed or implied, statutory or otherwise, shall be deemed to have been made by the Vendor. Any provision of this contract contrary to law shall not invalidate any other provision hereof. 8. The Purchaser hereby acknowledges receipt of a copy of this contract and that the name and address of OE inc (Office Equipment Co. of Canada), appears prominent~ upon the said goods. 9. This equipment is delivered to this Purchaser on the condition that it the full cash payment and value thereof has not been paid, the title to and ownership of the said equipment remains vested with OE inc (Office Equipment Co. of Canada). 10. This agreement and all its terms shall apply to, ensure to the benefit of and bind the heirs, executors, administrators, successors and assigns 01 the Purchaser and the Vendor. 11. The parties hereto hereby agree that they have reQuested that this Agreement be drawn up in the English language only. Les parties aux presente declarent quO i Is ont exige Que cette convention soit redigeE' dans la langue anglaise seulement.