Tektronix, Inc.
Corporate Headquarters
00000 X.X. Xxxxxxx
X.X. Xxx 0000
Xxxxxxxxxxx, Xxxxxx 97070- 1000
503 682 - 3411
GRAPHICS PRINTING & IMAGING DIVISION
U.S. VALUE ADDED DEALER AGREEMENT
SUPPLEMENT A
Dealer: Cadapult Graphic Systems Agreement No. D3803
000 Xxxxxxxx Xx
Xxxxxxxxx, XX 00000-0000 Supplement No. D3803601
Attn: Xxxxxxx X. Xxxxxx Effective Date: July 1, 1994
The following terms and conditions are a part of the Agreement identified
above between Tektronix Inc ("Tektronix") and Dealer.
1. TERM OF SUPPLEMENT. The term of Dealer's appointment under this Supplement
shall begin on the date shown above and shall end one year thereafter; it is
renewable for one year terms.
2. PRODUCTS, DISCOUNTS. The products available for Resale under the Agreement
and the associated discounts are as specified below.
PRODUCT(S) AND RELATED OPTIONS, SERVICE INSTALLATION/
EXTENDED WARRANTY, ACCESSORIES, AND SOFTWARE
(as stated in the current U.S. Dealer Price List)
Product 1: Phaser (tm) 220i Thermal Wax Color Printer (4681i),
Phaser 300i Phase-Change Color Printer (4699PXi),
Phaser 480 Dye Sublimation Color Printer (4688)
(Special Authorization Required)
Phaser II SDX Dye Sublimation Color Printer (4684),
TCP\IP Ethernet Network Interface (4511A)
Product 2: Phaser 220e Thermal Wax Color Printer(4681e)
Product 3: Phaser 200e Thermal Wax Color Printer (4681 PXe)
Phaser III Phase-Change Color Printer (4698PXi)
RESALE
DISCOUNT
25%
25%
25%
25%
25%
20%
16%
16%
DEMONSTRATION
UNIT DISCOUNT
40%
40%
40%
40%
N/A
30%
20%
20%
3. SUPPLIES. Dealer must sell, market and promote Tektronix supplies for use
with Tektronix printers to ensure customer satisfaction and quality output
Discount for Supplies listed in the current U.S. Dealer Price List is
specified below.
Supplies 20%
4. DEMONSTRATION PRODUCTS. One demonstration unit of each model type listed
above (except 451IA) is available for each authorized location at
Demonstration Unit discounts listed above every six months. All demonstration
units shall be maintained in good working order, in current version and shall
be used exclusively for demonstration purposes.
Subject to credit approval, 180 day payment terms are available for the
following demonstration unit purchases: Xxxxxx 000x, Xxxxxx 300i, and Phaser
480.
Subject to credit approval, 90 day payment terms are available for the
following demonstration unit purchases: Phaser 220e, Phaser 200e, Phaser II
SDX, and Phaser III.
5. MINIMUM VOLUME EXPECTATION. The discounts shown in this Supplement are
based on a $100,000 minimum net purchase volume from Section 2 and 3 during
the term of this Supplement. In the event the minimum purchase volume is not
achieved, Tektronix' sole remedy shall be nonrenewal of Dealer's Supplement.
6. PRODUCT MARKETING CREDIT. To qualify for the Product Marketing Credit,
Dealer must a) purchase and maintain at least one demonstration unit of
Phaser 220i, Phaser 300i or Phaser 480 every six months; b) provide
Tektronix' with timely point of sale reports as required in the Dealer
Agreement; c) purchase $400,000 (net) of Products during the preceding 12
months; and d) perform marketing and sales responsibilities as a Tektronix'
Dealer to the satisfaction of Tektronix'.
Upon initial qualification, the Product Marketing Credit shall be calculated
a 3% of the undiscounted list price of the Product purchase during the
preceding 12 month period. Thereafter, the Product Marketing Credit will be
calculated as 3% of the undiscounted list price of quarterly Product
purchases. Eligibility is determined based on a rolling 12 month calculation
of Dealer purchases and a quarterly assessment of performance. The Product
Marketing Credit shall be issued in the form of a credit memo within 45 days
after close of the Tektronix fiscal quarter. (Tektronix fiscal quarters en
8/27/94, 11/26/94, 2/25/95, 5/27/95, 8/26/95.)
7. SUPPLIES MARKETING CREDIT. If Dealer satisfies all requirements in section
6, and Dealer is an approved Supplies Stocking Dealer throughout the quarter
with net Supplies purchases of no less than 25% of the net Product purchases.
Dealer shall be granted a Supplies Marketing Credit calculated as 3% of the
undiscounted list price of Supplies purchases, retroactive to the beginning
of the quarter. Such Credit shall be administered in the same manner as the
Product Marketing Credit (See Section 6).
8. WARRANTIES. The Products listed above are warranted in accordance with the
following applicable warranty statement:
WARRANTY FOR RGB3, 4696, 4697xx Printer Products
Tektronix warrants that the products that it manufactures and sells, of the
types listed, will be free from detects in materials and workmanship for a
period of three months from the date of shipment. If any such product proves
defective during the initial three month period, Tektronix, at its option,
either will repair the defective product without charge for parts and labor,
or will provide a replacement in exchange for the defective product.
In order to obtain service under this warranty, Customer must notify
Tektronix of the defect before the expiration of the respective warranty
period and make suitable arrangements for the performance of service.
Tektronix will provide such service at Customer's site without charge during
the warranty period, if the service is preformed within the normal on-site
service area. Tektronix will provide on-site service outside the normal on-
site service area only upon prior agreement and subject to payment of all
travel expenses by Customer. When or where on-site service is not available,
Customer shall be responsible for packaging and shipping the defective
product to the service center designated by Tektronix, with shipping charges
prepaid, Tektronix shall pay for the return of the product to Customer if the
shipment is to a location within the country in which the Tektronix service
center is located. Customer shall be responsible for paying all shipping
charges, duties, taxes, and any other charges for products returned to any
other locations.
This warranty shall not apply to any defect, failure or damage caused by
improper use of or improper or inadequate maintenance and care. Tektronix
shall not be obliged to furnish service under this warranty a) to repair
damage resulting from attempts by personnel other than Tektronix
representatives to install. repair or service the product; b) to repair
damage resulting from improper use or connection to incompatible equipment;
or c) to service a product that has been modified or integrated with other
products when the effect of such modification or integration increases the
time or difficulty of servicing the product.
WARRANTY For 4511A, 4681xxx, 4684, 4694xxx, 4698xxx, 4688 and 4699xxx Printer
Products
Tektronix warrants that the products that it manufactures and sells of the
types listed above will be free from defects in materials and workmanship for
a period of one (1) year from the date of shipment. If any such product
proves defective during this warranty period, Tektronix. at its option,
either will repair the defective product without charge for parts and labor,
or will provide a replacement in exchange for the defective product.
In order to obtain service under this warranty, Customer must notify
Tektronix of the defect before the expiration of the warranty period and make
suitable arrangements for the performance of service. Customer shall be
responsible for packaging and shipping the defective product to the service
center designated by Tektronix. with shipping charges prepaid Tektronix shall
pay for the return of the product to Customer if the shipment is to a
location within the country in which the Tektronix service center is located.
Customer shall be responsible for paying all shipping charges, duties, taxes,
and any other charges for products returned to any other locations.
This warranty shall not apply to any defect, failure or damage caused by
improper use or Improper or inadequate maintenance and care. Tektronix shall
not be obligated to furnish service under this warranty a) to repair damage
resulting from attempts by personnel other than Tektronix representatives to
install, repair or service the product; b) to repair damage resulting from
improper use or connection to incompatible equipment; or c) to service a
product that has been modified or integrated with other products when the
effect of such modification or integration increases the time or difficulty
of servicing the product,
THE ABOVE WARRANTY IS GIVEN BY TEKTRONIX WITH RESPECT TO THE LISTED PRODUCTS
IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. TEKTRONIX AND ITS
VENDORS DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. TEKTRONIX' RESPONSIBILITY TO REPAIR OR REPLACE DEFECTIVE
PRODUCTS IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO THE CUSTOMER FOR BREACH
OF THIS WARRANTY. TEKTRONIX AND ITS VENDORS WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE IRRESPECTIVE OF
WHETHER TEKTRONIX OR THE VENDOR HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES.
Tektronix, Inc.
Corporate Headquarters
00000 X.X. Xxxxxxx
X.X. Xxx 0000
xxxxxxxxxx, Xxxxxx 00000- 1000
503 682 - 3411
GRAPHICS PRINTING & IMAGING DIVISION
U.S. VALUE ADDED DEALER AGREEMENT
LOCAL DEALER SUPPLEMENT A
Dealer: Cadapult Graphic Systems Agreement No. D3803
000 Xxxxxxxx Xx
Xxxxxxxxx, XX 00000-0000 Supplement No. D3803601
Attn: Xxxxxxx X. Xxxxxx
The following terms and conditions are a part of the Agreement identified
above between Tektronix Inc ("Tektronix") and Dealer.
1. TERM OF SUPPLEMENT. This Supplement is effective as of the date shown
above. A new Supplement shall be issued when deemed appropriate by Tektronix
and shall supercede this Supplement upon issuance.
2. PRODUCTS, DISCOUNTS. The products available for Resale under the Agreement
and the associated discounts are as specified below.
PRODUCT(S) AND RELATED OPTIONS, SERVICE INSTALLATION/
EXTENDED WARRANTY, ACCESSORIES, AND SOFTWARE
(as stated in the current U.S. Dealer Price List)
Product 1: Phaser 540 Plus Color Laser Printer(4676)
Phaser 480X Dye Sublimation Color Printer (Z480X, Z480XB, Z480XC)
(Special Authorization Required)
Phaser 440 Dye Sublimation Color Printer (4685),
Phaser 340 Plus Color Printer (Z340P)
Xxxxxx 000x Xxxxx- Change Color Printer (46999PXi)
Phaser 240 Thermal Transfer Color Printer(Z240)
Phaser Copy Station (4540)
Product 2: Phaser 340 Color Printer(Z340)
Phaser 140 Color Ink Jet Printer (4686)
Phaser III Phase-Change Color Printer (4698PXi)
RESALE
DISCOUNT
23%
23%
23%
23%
23%
23%
23%
16%
16%
16%
DEMONSTRATION
UNIT DISCOUNT
30%
30%
30%
30%
30%
30%
30%
N/A
20%
20%
3. SUPPLIES/ACCESSORIES. Dealer must sell, market and promote Tektronix
supplies for use with Tektronix printers to ensure customer satisfaction and
quality output. Discount for Supplies/ Accessories listed in the current U.S.
Dealer Price List is specified below.
Supplies 20% N/A
4. DEMONSTRATION PRODUCTS. One demonstration unit of each model type listed
above is available for each authorized location at Demonstration Unit
discounts listed above every six months: All demonstration units shall be
maintained in good working order, in current version and shall be used
exclusively for demonstration purposes.
Subject to credit approval, 180 day payment terms are available for the
following demonstration unit purchases: Xxxxxx 000, Xxxxxx 000, Xxxxxx 000x,
Xxxxxx 000, Xxxxxx 000, Xxxxxx 480X, and Phaser 540 Plus.
5. MINIMUM VOLUME EXPECTATION. In order to qualify for the discounts shown in
this Supplement Dealer is expected to purchase a minimum net purchase volume
per annum of $100,000 of Products from Section 2 and 3.
6. PRODUCT MARKETING CREDIT. To qualify for the Product Marketing Credit,
Dealer must a) purchase and maintain at least one demonstration unit of
Phaser 240, Phaser 000x, Xxxxxx 000, Xxxxxx 000, Xxxxxx 000X or Phaser 540
Plus every six months; b) purchase $500,000 (net) of Products during the
preceding 12 months; and c) purchase a dollar volume total of Products in the
most recent twelve months greater than the twelve month total ending in the
previous quarter.
Upon initial qualification, the Product Marketing Credit shall be calculated
a 3% of the undiscounted list price of the Product purchase during the
preceding 12 month period. Thereafter, the Product Marketing Credit will be
calculated as 3% of the undiscounted list price of quarterly Product
purchases. Eligibility is determined based on a rolling 12 month calculation
of Dealer purchases. The Product Marketing Credit shall be issued within 30
days after close of the Tektronix fiscal quarter. (Tektronix fiscal quarters
end 8/26/95, 11/25/95, 2/24/96, 5/25/96.)
7. SUPPLIES MARKETING CREDIT. If Dealer satisfies all requirements in section
6, and Dealer is an approved Supplies Stocking Dealer throughout the quarter
with net Supplies purchases of no less than 25% of the net Product purchases,
Dealer shall be granted a Supplies Marketing Credit calculated as 3% of the
undiscounted list price of Supplies purchases for all Supplies up to 150% of
Product Purchases, retroactive to the beginning of the quarter. Such Credit
shall be administered in the same manner as the Product Marketing Credit (See
Section 6).
8. WARRANTIES. The Products listed on the current Supplement to Dealer's
agreement are warranted in accordance with the following applicable warranty
statement in attachment 1.