OPA Code: OPA-17-1188

OPTIMUM AGREEMENT

This OPTIMUM AGREEMENT is made on this______ day of February 2018.

BY AND BETWEEN:

(1) NEED INK SALES & SERVICES, with principal place of business located at 288 P. Rodriguez
St., Poblacion, Lapu-Lapu City, Philippines, represented in this instance by its General Manager,
Engr. Roy A. Mangubat (hereinafter “Supplier”); and

(2) _________________________________, with principal place of business located at

__________________________________________, represented in this instance by its
______________________________________ (hereinafter “Buyer”),

WHEREAS:

The Buyer shall purchase Print Cartridges for the Printer Unit/s exclusively from the Supplier and
shall avail of the Support & Maintenance Services, Free Printer Parts and Printer Service Unit/s
from the Supplier as described in this Optimum Agreement. Both parties hereby agree to the terms
and conditions set forth herein;

I. COVERED SITES

I.1 All Laser Printer Unit/s using Optimum Toner Cartridge that is present at the Buyer’s
Offices or Sites in Table 1.1 are covered by this agreement.

Site
No.: Name Address

1.01

Table 1.1 – Covered Sites

II. BUYER’S EXISTING PRINTER UNIT/S

II.1 The Supplier shall maintain and support the existing Printer Unit/s of the Buyer for
Free. The Supplier shall see to it that it should be in good working condition.
II.2 The Supplier shall conduct a Preventive Maintenance for the existing Printer Unit/s.
Schedules shall be agreed by the Buyer.
II.3 If there are Printer Parts needed to be replaced, the Supplier shall replace it for Free
provided that the defect was due to the normal wear and tear of the Printer Unit (refer
to Item V – Free Parts). If by any chance the Printer Unit/s cannot be repaired, the
Buyer has the option to avail of a Printer Service Unit/s from the Supplier to replace
the defective Printer Unit/s (refer to Item III – Supply of Printer Service Unit/s).
II.4 The Buyer shall only use Print Cartridges purchased from the Supplier. Prices agreed
shall remain for the duration of the agreement.

III. SUPPLY OF PRINTER SERVICE UNIT/S

III.1 The Supplier shall supply the Buyer with Printer Service Unit/s as needed by the
Buyer for Free and shall be listed on Annex I. Both parties shall agree on the initial
order of Print Cartridges to be purchased by the Buyer from the Supplier.
III.2 The Printer Service Unit/s supplied shall be in good working condition. Only the
Supplier shall provide support and maintenance to the Printer Service Unit/s included
in this Optimum Agreement and the Buyer shall not permit anyone other than the
Supplier.
III.3 The Buyer shall only use Print Cartridges purchased from the Supplier. Prices set
forth will remain for the duration of the agreement

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 III.4 The Printer Service Unit/s shall be placed at the Buyer’s location stated on this
Agreement. If transferred to a different location, the Buyer shall inform the Supplier
for monitoring reason.
III.5 Any additional request for Printer Service Unit/s shall be agreed upon by both parties.
The Delivery Receipt shall signify confirmation from the Buyer and shall be annexed
to this agreement.
III.6 When returning a Printer Service Unit/s, the Buyer shall inform the Supplier at least a
week prior to returning the Printer Service Unit/s. The Supplier shall issue an
Acceptance Slip signifying receipt of the returned Service Unit/s from the Buyer. The
Supplier has the right to inspect the returned Printer Service Unit/s before accepting it.
III.7 The Printer Service Unit/s specified under this Agreement shall remain the property of
the Supplier. It can only be withdrawn upon termination of this Agreement or when
the Buyer fails to make subsequent purchases after the initial order. However, the
Supplier shall submit a written notice to the Buyer thirty (30) days prior to the
withdrawal of the Printer Service Unit/s.
III.8 The Buyer shall not make any alterations on the Printer Service Unit/s, nor sub-lease,
pledge, mortgage or exercise any act of ownership over the said Printer Service Unit/s.
Further, the rights of the Buyer under this agreement cannot be assigned without the
written consent of the Supplier.

IV. SERVICE AND SUPPORT

IV.1 The Supplier shall provide Free Maintenance, Support, Repair & Parts to all the
Printer Units covered in this Optimum Agreement.
IV.2 Services will be provided during the Service Hours (Monday to Friday – 8:00AM to
6:00PM, excluding Holidays). If there is a need to extend beyond the service hours,
the Supplier shall do so upon the request of the Buyer.
IV.3 The Supplier will use reasonable effort to provide the service promptly.
IV.4 Should the Printer Unit/s encounter a problem and technical support is needed, the
Supplier shall deploy Service Personnel to check and repair the Printer Service Unit/s
within 4 hours from the time of service call. If the problem is major and not resolved
within 4 hours from the time the Service Personnel started the repair, the Supplier
shall deploy a Printer Service Unit/s as temporary replacement. The committed
response time is applicable only to areas that the Supplier has an office or a partner.
IV.5 For repairs to areas remote to the Supplier, the Supplier shall commit to 1 to 2 days
response time.
IV.6 If upon investigation the problem was due to normal equipment failure, the Supplier
shall shoulder all the expenses. However if it is due to the negligence of the end user
(i.e. but not limited to, hard foreign object found in the internal part of the printer which
caused the damage (staple wires, fasteners, paper clips, etc.), repair that is done by
any person not authorized by the supplier, mishandling and miscarriage of the service
unit printer, etc.), the Buyer shall be charged for all the expenses including the labor
and parts.
IV.7 The Supplier shall undertake a preventive maintenance of the Printer Unit/s. It shall
always be in top operating condition and shall be performed by trained Service
Personnel. If there is a need to replace parts/accessories of the Printer Unit/s, the
Supplier shall inform the Buyer of such replacements. Both the parts & labor shall be
free of charge.
IV.8 Preventive Maintenance includes but not limited to:
IV.8.1 Clean Physically and Inspect for Damage and Functionality,
IV.8.2 Lubricate and make standard and/or necessary adjustments,
IV.8.3 Printer Tune-up
IV.9 The Supplier shall shoulder all the cost including transportation & allowances of the
Service Personnel that will carry out the Preventive Maintenance.
IV.10 Schedule of the Preventive Maintenance shall be plotted and agreed by both parties.

V. FREE PARTS

V.1 All defective Printer Parts which arises from the normal use / operation of the Printer
Unit/s shall be replaced by the Supplier Free of Charge. If the cause of defect was
due to the negligence of the Buyer’s end user (i.e. but not limited to, hard foreign
object found in the internal part of the printer which caused the damage (staple wires,
fasteners, paper clips, etc.), repair that is done by any person not authorized by the

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 supplier, mishandling and miscarriage of the service unit printer, etc.), the Supplier
shall charge the defective parts as per approval from the Buyer. Both parties shall
investigate and agree on this. Labor will remain Free of Charge.
V.2 If in case the Buyer’s Printer Unit/s is inoperative and has to be pulled out for
thorough servicing, the Supplier shall provide a Printer Service Unit/s as backup unit/s
to be used while waiting for the defective unit/s to be fixed. The Printer Service Unit/s
shall be free of charge.

VI. CONSUMABLE PURCHASE COMMITMENT

VI.1 The Buyer agrees to strictly purchase Print Cartridges for the Printer Unit/s only from
the Supplier. Details and prices of the Print Cartridge/s are listed in Annex II. Prices
of Print Cartridges are in Philippine Peso and will remain for the duration of this
agreement.
VI.2 Delivery fees and charges up to the designated point of delivery indicated in the
purchase order are inclusive of the agreed prices.
VI.3 The Buyer makes no undertaking to order or consume any specific number of Print
Cartridges from the Supplier.
VI.4 The Buyer must exercise due care in the storage of new and empty Print Cartridges.
VI.5 Empty Print Cartridges shall be recovered and returned to the Supplier for proper
disposal.
VI.6 The Supplier shall supply high quality Print Cartridge/s and guarantee the print quality
& page yield to reach its rated output. Print Cartridge/s shall be bought only from the
Supplier. Use of Print Cartridge/s not supplied by the Supplier will be sufficient cause
for the termination of this Agreement.

VII. PURCHASE PROCESS

VII.1 A confirmation of order or a purchase order shall be issued by the Buyer to the
Supplier for the Print Cartridge/s.
VII.2 The Supplier shall deliver all ordered Print Cartridge/s to within seven (7) working
days to the Buyer if stocks are available. If not available, the Supplier shall inform the
Buyer of the earliest possible delivery date but shall not exceed fifteen (15) working
days.
VII.3 All sales invoice shall be payable to the Supplier to the terms set on the invoice.

VIII. GENERAL TERMS

VIII.1 If any condition or provision of this Agreement is held invalid or declared contrary to
law, the validity of the other conditions or provision shall not be affected. The laws of
the Republic of the Philippines will govern this agreement.
VIII.2 Legal actions arising out of this Agreement shall be brought and submitted to the
jurisdiction of the proper Court of Lapu-Lapu City or at any locality at the option of the
Supplier.
VIII.3 This Optimum Agreement shall be for a period of One (1) Year effective immediately
upon signing. If either party decides to terminate this agreement, a written notice
shall be sent by the terminating party at least thirty (30) days prior to the termination
date. If upon the expiration of the date the Buyer is still procuring the products and
services of the Supplier, it shall be deemed renewed until revoked by either parties
upon written notice sent by the terminating party at least thirty (30) days prior to the
termination date.
VIII.4 The Buyer will not during the term of the Optimum Agreement and for a period of One
(1) year thereafter without the Supplier’s prior written consent directly or indirectly
solicit or offer employment or engagement to any Staff who at the time of such action
were directly involved in the provision of the Service.

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ACKNOWLEDGEMENT

We understand and agree that the terms set forth herein shall be binding upon us and be deemed
to form and construed as part of this Optimum Agreement. We have read all the terms herein
carefully and understand and accept them.

In witness whereof, the parties, have hereunto set their hands this ____ day of February 2018 at
Lapu-Lapu City, Cebu, Philippines.

MUNICIPAL GOVERNMENT OF LAVEZARES

By: ____________________ Date:

____________________ Date:
Witness

NEED INK SALES & SERVICES

By: ________________________ Date: ____________

ENGR. ROY A. MANGUBAT
General Manager

_____________________________ Date: ____________

Sales Personnel

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Annex I

List of Printer Service Units

Date
Printer Model AIC No. Serial No. DR No.
Delivered

Annex II

Description & Prices

ITEM DESCRIPTION UNIT PRICE

I. OPTIMUM TONER CARTRIDGES

*Nothing follows*

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Republic of the Philippines )
City of Lapu-Lapu )s.s

ACKNOWLEDGEMENT

Before me, this __ day of ____ 2018 at Lapu-Lapu City, Philippines, personally appeared:

Name: Roy A. Mangubat

CTC#: 22832494
Place of Issue: Lapu-Lapu City
Date of Issue: January 5, 2018

Name:
CTC#: ___________________
Place of Issue: ___________________
Date of Issue: ___________________

before me to be the same persons who executed the foregoing instrument and acknowledged
before me that the same is their free and voluntary act and deed. This refers to an agreement
consisting of seven (7) pages including this page upon which the acknowledgeable is written and
signed by the parties in each and every page thereof.

WITNESS MY HAND AND SEAL on the date and place first above written.

Doc. No.: ____;

Page No.: ____;
Book No.: ____;
Series of 2018

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