The following are the principal conditions common to new photocopier contracts, available exclusively for our customers.


Terms & Conditions of Framework Contract Y11171

This Contract commits the Customer to either renting/leasing the equipment ordered over a stated contract period, or to purchasing the equipment. The Contract may also contain a Service Agreement for this equipment as detailed in the appropriate Rental/Lease Equipment or Purchased Equipment section below. The Service Agreement is charged for under a 'cost per page' pricing structure unless otherwise stated. Please note it is the Customer's responsibility to ensure that the equipment ordered is suitable for their current needs, has the correct configuration and will fit into the space provided. (KCS cannot be held responsible if it is found that the equipment ordered is not suitably configured or does not fit the space allocated.)

  1. Clauses 1 - 11 relate to Rental/Lease Equipment only
  2. 1. Rental/Lease Charges: The Customer agrees to rent/lease the equipment ordered (under an Operating Lease Agreement which meets the requirements of IFRS17) at the agreed quarterly cost for the stated number of years (primary period). Rental/lease payments are usually billed quarterly in advance and will remain fixed for the primary period of the Contract. Please note the first invoice for each item of equipment may be for more or less than one quarter depending on the date when the equipment is delivered and/or installed. Therefore, the quarterly cost on your initial bills may be pro rata'd accordingly.
  3. 2. Service Agreement: All Customers signing a Rental/Lease Agreement must also commit to a Service Agreement for the total period from the installation date to the removal date of the equipment. For details of the Service Agreement, please refer to clauses 16 - 19 below.
  4. 3. Insurance: The Supplier will insure rental/ lease equipment against loss or damage (including Fire and Theft) unless the damage has been caused by the Customer's negligence, wilful or otherwise, in which case any damage thus caused must be repaired, or if it is beyond repair then the equipment must be replaced, at the cost of the Customer. Customers must therefore ensure that their own insurance covers this eventuality.
  5. 4. Terminating your Contract at the end of the Primary Period: Please note that at the end of the primary period you are required to give one month's notice in writing to KCS (for the attention of the MFD Team) to terminate the Contract on your equipment and have it removed. If we do not receive the Customer's written notice to terminate the contract, billing will continue at the stated quarterly cost until such time that the Customer informs us in writing that they wish for the equipment to be collected and the Rental/Lease and Service Agreement terminated. The Customer will be responsible for all rental/lease payments charged up to the date of removal, once the primary period has ended or (if there is a delay to the collection that was not caused by the Customer) for one month following any written request received by KCS (MFD Team) for the equipment to be removed. Please note that KCS cannot be held responsible for any un-received requests for removal or for any delay in removal if the Customer has not followed this procedure or provided sufficient notice. If urgent removal is required it is therefore important that the Customer ensures that any written communication has in fact been received by KCS (MFD Team). Customers should note that rental/lease equipment remains the property of the Supplier and must not be removed by any third party. Once written notice of termination of the equipment is received, KCS (MFD Team) will raise an order to the relevant Supplier to remove the equipment as soon as possible. Removal will usually occur within 4 working weeks, subject to a Site Survey being carried out where necessary, and unless other arrangements have been agreed. (Most Suppliers now require a Site Survey Form to be completed by the Customer before they will collect the equipment from your premises. This can be obtained from KCS (MFD Team) and should accompany your request for termination.) The Supplier will remove rental/ lease equipment free of charge. The Customer should take a final meter reading from the equipment before it is switched off to ensure that the correct amount of copies is billed for. As final bills cannot be issued until after the equipment has been removed the Customer must advise KCS (MFD Team) where any invoices should be forwarded to if different from the original invoice address. If, for security reasons, you require any Hard Disk Drive to be removed from your equipment before collection, this must be requested on your termination request. Please note a fee may be charged for this depending on when the equipment was first installed.
  6. 5. Termination of your Contract due to Enforced Closure of Premises: If your Establishment closes due to forces outside your control then the contract may be terminated without penalty once all outstanding bills have been paid in full to KCS. Please note that you will be required to provide documentary proof to KCS (MFD Team) of Enforced Closure. You will also be expected to pay rental/lease charges to the end of the next quarterly period and note that in this event no credits can be issued back to the actual date of the equipment's removal or the closure date. The Customer must ensure that there is suitable access and enough notice given (i.e. a minimum of one month) for the equipment to be removed before the Establishment closes. If this is not possible then arrangements must be made for the Supplier to gain access to any premises in order to collect their equipment. For the avoidance of doubt any LEA school changing to Academy status is not covered under this clause and will be expected to transfer/novate their existing contracts. If instead they choose to end their current contract then a Settlement for early termination of that contract would be charged as per clause 8. Please note that the relocation of an Establishment is not covered under this clause, and if equipment has to be terminated due to a relocation of premises then a Settlement would be charged (see clause 8).
  7. 6. Upgrade/Downgrade of Equipment due to Changing Requirements: Should the Customer experience a significant (i.e. over 40%) increase or decrease in the volume of copies produced after the commencement of the contract which makes the Customer's average monthly volume over a period of 2 quarters (6 months) go outside the recommended boundaries for that equipment as set by the Supplier, and this is verified by KCS (MFD Team) and/or the Supplier, then the contract for that individual equipment will be terminated without penalty. The Customer will then be provided with new equipment from the same Supplier which is more suitable to the actual copy volume on a new 3, 4 or 5 year contract. Commencement of the new contract and delivery of the new equipment will only take place once all outstanding invoices on the previous equipment have been paid. Customers should note that a requirement to change from mono equipment to colour equipment (or vice versa) is not covered under this clause and a Settlement will be applied in this instance.
  8. 7. Problem Machines: End Users reserve the right to request a replacement machine of equivalent specification inclusive of features for products with a poor reliability record, or consistently occurring problems. Equipment will automatically be replaced, on a like for like basis under the same terms of agreement when: A product has had 6 or more recorded breakdown calls in 1 quarter (as verified by the Supplier). A product has not achieved the expected up-time for 2 quarters in a row (as verified by the Supplier). Downtime is more than 20 per cent (%) of available up time over a quarterly period (as verified by the Supplier). Equipment will be upgraded to a replacement machine at no cost to the End User if the average monthly usage of the machine over 2 quarters exceeds the manufacturer's published maximum volumes (not duty cycle). Any replacement product will be for the remaining period of the original Agreement unless otherwise agreed with the End User. No settlement figure arrangement will be acceptable under these circumstances.
  9. 8. Early Termination of the Rental/Lease Contract: If the Customer wishes to terminate the contract before the end of the primary period for any reason (other than Enforced Closure or Upgrade/Downgrade as per clauses 5 & 6), the Customer will be required to pay as a Settlement the total of all rental/lease payments not already invoiced until the end of the primary period, as well as all outstanding invoices not already paid. When terminating a contract, the Customer must notify KCS (MFD Team) of their intention in writing. KCS (MFD Team) will then request a Settlement quote from the Supplier and advise the Customer accordingly. Once any outstanding rental/lease invoices and subsequent settlement invoices have been paid, KCS (MFD Team) will then ask the Supplier to remove the equipment within the next 4 working weeks. If the Customer fails to notify KCS (MFD Team) in the appropriate manner then the Customer will be responsible for all rental and copy-charge debts up until 4 working weeks after the request is received in the appropriate manner. KCS will not be held responsible if termination requests have not been received.
  10. 9. All Rental/Lease Equipment:All Rental/Lease Equipment remains the property of the Supplier and may only be removed by that Supplier or an agent appointed by them and only after KCS (MFD Team) has been notified in the appropriate manner, as stated above. The Customer must not, under any circumstances, allow any other third party to take the equipment from their Establishment unless the Customer has written permission from KCS (MFD Team) or the Supplier to do so. If the Customer nevertheless allows a third party to remove the Equipment without permission, the Customer will be responsible for all rental/lease and copy charges incurred up until the point when the equipment is recovered from the third party, as well as any reasonable costs incurred in locating and recovering the equipment. If the Supplier is unable to recover the equipment from the third party within 60 days, the Customer will be responsible for paying full financial compensation for the loss of the equipment as determined by the Supplier.
  11. 10. Secondary Period Discounts: The Supplier may offer a discount on the quarterly rental/lease cost after the primary period has expired. This may require you to commit to a further minimum period for that equipment (details are available on request). Please note that this discount is not applied automatically and cannot be applied retrospectively. The Customer must request a secondary discount from KCS and sign a Secondary Period Order Form before it can be applied and is subject to agreement of all parties, based upon the reliability and age of the equipment, but in any case for no longer than a total of 7 years including the Primary period.
  12. 11. Force Majeure: If a state of Force Majeure exists at any point during the time the equipment is installed and the usual process of billing and remittance in respect of rental charges cannot be carried out for any reason, the primary period of rental will be extended in line with the amount of time this process cannot take place.
  13. Clauses 12 - 15 apply to Purchased Equipment only
  14. 12. Purchase Charges: The Customer commits to purchasing the equipment at the agreed cost. The purchase cost of the equipment will be invoiced to the Customer shortly after the installation of the equipment and title to the equipment will only pass to the Customer once the purchase invoice has been paid in full to KCS.
  15. 13. Insurance: The Customer is responsible for insuring purchased equipment against all loss and damage.
  16. 14. Service Agreement: The Customer must also enter into a Service Agreement for their Purchased Equipment as described in clauses 16 - 19. There will be no minimum period to this Service Agreement. Billing for pages produced (or an estimation thereof) will continue until KCS (MFD Team) is notified in writing that the Customer wishes to terminate the Service Agreement. This Notification should include a current, accurate meter reading for the equipment which is the point that billing for copy charges will be ended. Once such notification is received, KCS (MFD Team) will advise the relevant Supplier who will immediately cease to provide the services and consumables normally supplied under the Service Agreement. Any further service or consumables ordered from the Supplier thereafter will be charged at the Supplier's current market rate. Alternatively the Customer can ask the Supplier to remove the Purchased equipment and in that case the Customer will be invoiced for pages produced up to a meter reading taken on the day of collection. KCS will not be responsible for any un-received requests for termination of the Service Agreement.
  17. 15. Termination and Collection of Purchased Equipment: Equipment purchased under this Framework Contract will be collected Free of Charge by the Supplier. The Customer will be required to provide one month's notice in writing to KCS (MFD Team), who will then raise an order to the Supplier to collect the equipment Free of Charge. Customers should ensure they take a final meter reading before the equipment is switched off. Please note that the Supplier may request a Change of Ownership form to be completed before they can collect the equipment.
  18. Service Agreement
  19. 16. Service Agreement: (Clauses 16 - 19) will apply as detailed under the relevant Rental/ Lease or Purchased Equipment sections above. Under this Service Agreement the Supplier will provide installation, network connections, product training, emergency servicing, preventative maintenance, maintenance for free of charge software, remote support, replacement parts, firmware upgrades, mono and colour toner and staples (where required) for all equipment detailed, for which the Customer will be charged on a 'cost per page' basis. For the avoidance of doubt, toner provided under this Service Agreement remains the property of the Supplier until it is used on the printed page. A3 copies will be charged at the same rate as A4 copies. Once the equipment has been installed there will be no increase in the 'cost per page' price. Please note it is the Customer's responsibility to ensure that network points or fax lines are installed should they be required, as this work will not be carried out by our Suppliers.
  20. 17. Service Calls: Calls for both servicing and consumables (e.g. toner, staples) should be made direct to the Supplier on the Service line numbers provided (details can be found in the KCS catalogue). Customers will be asked for the serial number or equipment number of the equipment. Toner will normally be provided within 3 days of request. Please note that the supplier may make an extra charge if overnight delivery is requested. In the case of emergency call-outs, the Supplier will normally respond to an Emergency Service call within an average of 4 working hours (maximum 6 hours) of notification of the fault. Please note that service response times relate to the initial service response call only and not to Return To Fit calls. If the Customer is dissatisfied with any service response, they must contact KCS (MFD Team) as soon as possible so that an escalation procedure can be put in place with the Supplier's service department. It is important to keep a record of engineer call-outs, as in extreme circumstances we may be able to claim compensation on the Customer's behalf. Note that a break-down that the Customer resolves themselves (such as a simple paper jam) will not show on any records kept about your equipment by the Supplier. Therefore if equipment is consistently jamming a service call should be placed. In extreme cases, for example where a machine has been out of action for more than 3 working days, the Supplier may be able to provide a loan machine, on a like for like basis. The Customer must allow Service Engineers or other representatives of the Supplier reasonable access to their equipment for servicing and inspection purposes.
  21. 18. Collection of consumables: The Supplier will provide at no additional charge a service for the collection and disposal of all consumables replaced by the End User in accordance with the WEEE regulations. 'Customer consumables' include all toner bottles, ink bottles, waste toner collection boxes, fuser units and drum kits. The Supplier will be required to provide a minimum of one container or bin per machine, which will be suitable for the accumulation of used consumables. The emptying and/ or replacement of such containers will be carried out no later than 3 working days after the Supplier receives a request from the End User. Machines equipped with a waste toner collection box will be provided a replacement box at no additional charge at the time of initial delivery.
  22. 19. Meter readings: In order to receive accurate invoices and to establish the volume of copies the equipment has produced, the Customer will be required to submit meter readings to the Supplier by an agreed method and on a regular basis, whether or not a reminder is received from the Supplier. In all cases, it is important that the information is returned promptly to the Supplier. KCS reserves the right to request payment of copy charge invoices that have been estimated due to the Customer failing to submit meter readings on time. Any corrections to the invoicing will be made on the next invoice once the Customer has submitted accurate readings. Information on where to send meter readings can be found in the KCS catalogue or by contacting KCS (MFD Team).
  23. Clauses 20 - 26 relate to all Equipment provided
  24. 20. Delivery of the Equipment: The Customer is responsible for ensuring that: There will be someone available on site to accept the agreed delivery. If a delivery is refused or turned away in error any subsequent return to deliver may be subject to charges at the Supplier's discretion. There is sufficient room for the equipment to be delivered, stored, deployed and serviced (including any spare space required around the equipment). If in doubt, please ask the Supplier to carry out a Site Survey prior to delivery and installation. There are sufficient operational power points, fax line points and/or network connection points as required within an acceptable distance of the equipment to enable the options required. That the equipment is kept and used in an environment suitable for it to be able to work efficiently and safely and in accordance with Health and Safety regulations.
  25. 21. Invoicing: Invoices for purchase, rental and copy charges will only come from KCS. Invoices are sent out quarterly in advance for rental/lease charges, and quarterly in arrears for copy-charges. If you do not receive invoices on a regular basis please contact KCS (MFD Team). Full payment is due within 30 days of invoice date and can be paid by cheque, bacs or Direct Debit. Should full payment not be made in this period, KCS reserve the right to ask the Supplier to immediately withdraw the provision of items (including service and toner) under the Service Agreement until such time that all outstanding invoices are paid. Queries on invoices must be notified to KCS (MFD Team) within 21 days from invoice date. The process for notifying a query is detailed on the reverse of the invoice. Any invoice queries that cannot be resolved by KCS will be escalated to the relevant Supplier for urgent action.
  26. 22. Training and Key Operators: The Supplier will provide free training to the Customer in the best use of the equipment and any associated software, unless it is a printer or small desktop MFD, in which case the delivery agent will provide 'green button' instruction. The Customer is required to designate at least one or two staff members to act as 'Key Operators'. Where necessary, the Supplier will train these staff on the functions of the equipment and how to carry out non-technical operations such as replacing toner and clearing jammed paper. For Health and Safety reasons, it should be clearly stated to all users of the equipment that only 'Key Operators' should be allowed to perform these tasks. Before a Key Operator leaves, they should train a replacement person to take over Key Operator responsibility.
  27. 23. Network Connection: Should the Customer require the equipment to be connected to a network to enable print, scan and/or fax options, the Supplier will require the Customer to provide further details of their network specification and may require the Customer to sign further terms and conditions relating to access to necessary resources to enable this to take place, as well as any software licenses that may be necessary.
  28. 24. Re-siting the Equipment: Re-sites between buildings are chargeable and a quote for the Supplier to carry out a re-site can be provided on request. The Customer, or any other third party, must not move or re-site (non-portable) rental/ lease equipment without permission under any circumstances. If non-portable equipment is moved or re-sited without prior approval from KCS (MFD Team) or the Supplier, the Customer will be liable for any damage that might be caused to the equipment and any administration costs incurred in tracing the equipment thereafter. If the Customer would like the equipment moved or re-sited, they must notify KCS (MFD Team) in writing giving at least three weeks' notice, and include the following information: Serial number of the equipment The current location of the equipment including the current DPN (account number) that is being invoiced The new location of the equipment Any obstacles incurred in moving the equipment (e.g. stairs, narrow door-ways) The person who will be responsible for taking meter readings and administering the equipment in its new location If the current DPN is no longer to be invoiced for this equipment, we will also require the following information: The new DPN that will be billed for the equipment A contact person who will be responsible for paying invoices at the new location Authorisation from the new budget holder that they are accepting responsibility for the equipment. Most Suppliers will require a Re-site Request Form to be completed in order to meet Health and Safety requirements.
  29. 25. Disclaimer: Although KCS staff and Suppliers acting on our behalf may advise the Customer or their representative with regards to the type of equipment that may suit their requirements, it is ultimately the Customer's responsibility to ensure that the equipment ordered is the correct one for the Customer's needs.
  30. 26. Data Protection: The information you provide will be stored by KCS for the purpose of providing your supply and procurement services. This service a) uses the information (where required) for delivery of goods, including products or service information, and for correspondence by KCS or its officially appointed suppliers, b) ensures the information will remain confidential and will not be passed to any non-contracted party for marketing purposes and c) maintains the information throughout the currency of your registered account with KCS and will amend it subject to subsequent information you supply to KCS.
Please note that the above Terms & Conditions relate to the current Photocopier Framework Contract.