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HomeMy WebLinkAbout119376 PERK ELMER INSTRUMENTS - CONTRACT - PURCHASE ORDER - 2204230 MAINTENANCE AGREEMENT PERK ELMERI /' PerklnElmer- instruments. 710 BridgeportAvenue Shelton, CT 06484 Phone: (800) 762-4000 wwwperldnelmer.com DAVE MEYER CITY OF FORT COLLINS POLLUTION CONTROL LAB 3036 E DRAKE RD FORT COLLINS CO 80525 TELEPHONE: 970- FAX: YOUR REFERENCE: Quotation No: Original Quotation Date: Quotation Validity Date: Contract Coverage: Contract Description: P, L, T WITH 2PM Prior Customer P.O. No.: 40115664 03/11 /2002 03/1 1 /2002 to 07/09/2002 09/01 /2002 to 08/31 /2003 This Agreement is entered into between PERKIN ELMER and the undersigned Customer in consideration of the payments provided for In this Agreement. Subject to the terms and conditions of the Agreement, PERKIN ELMER agrees to perform the services set forth in the coverage of this Agreement on the equipment ilatetl below for the Period described. ITEM QTY 17Fr,A faecrmerrns,'.: _ _. This quotation is subject to the terms and conditions attached. NOTE: Customer is responsible for applicable taxes, including sales, use and/or excise tax. PLEASE SIGN THIS MAINTENANCE AGREEMENT QUOTATION AND RETURN ORIGINAL COPY ALONG WITH YOUR PURCHASE ORDER. tv^.- sue, ^`+".frsva?s y PerkinElpzer $tiP-PORT Agreement • Charges: The support charges are based on, without limitation, the following elements: type of support to be pro- vided, number of systems, system configuration, use time, type of coverage, payment terms, and location. PerkinElmer reserves the right to make changes to the charges annually on the anniversary date of this Agreement or upon any change in the elements. • Equipment Relocation: Equipment moved to alternate Customer sites shall continue to be serviced under this Agreement; however, the monthly support charge may be affected, subject to the new location's travel zone. Deinstallation or reinstallation services or damages incurred during a move or deinstallation or reinstallation are not covered by this Agreement. Before any equipment covered Linder this Agreement is moved, PerkinElmer must be contacted. • Exclusions: This Agreement does not include software or firmware upgrades except where specifically included in a particular service plan, or any support services arising from: (1) Year 2000 non-compliance, for that equipment identified as being non -compliant; (2) abuse, misuse, modification, or mishandling of equipment; or (3) damage due to causes beyond PerkinElmer's control, including, without limitation, acts of God, flooding, power surges or due ure, defective electrical work, environmental influences, deinstallation, reinstallation, unsupported computers or fail - software, operator error, corrosive customer samples, non -contracted applications support, transportation, tern or ment or attachments supplied by other vendors, reagents, or communication lines. equip- • Consumable Parts and Supplies: Customer is responsible for providing consumable parts, operating supplies and other items which by their nature or intended use have a prescribed life, except where specifically included in a par- ticular support plan. Please consult the applicable support plan description and your user's manual for more infor- mation. • Responsibilities: Customer agrees to allow authorized service representatives to inspect the equipment periodical- ly, and further agrees to provide full access to the equipment for performing support services as required. • Installation and Site Preparation: Customer agrees to maintain its premises in a safe condition and to comply with all applicable laws, statutes and regulations governing workplace health and safety. PerkinElmer's Sales and Service personnel are covered by workers' compensation insurance and are not authorized to enter into any indemnity or hold harmless agreements on behalf of PerkinElmer. PerkinElmer will not, in any event, indemnify, defend or hold Customer harmless from any liability that it may incur to PerkinElmer's personnel. • Payment and Credit Terms: Payment due upon receipt of first invoice. Unless otherwise indicated on the face here- of, Customer agrees to remit payment in full to the address provided on the face of PerkinElmer's invoice. Account balances not paid in accordance with this Agreement are subject to the lesser of fifteen percent (15%) per annum or the maximum prevailing legal interest rate calculated from the date of delinquency. In the event PerkinElmer finds it necessary to refer this matter to an attorney or an agent for collectionofdelinquent accounts, Customer shall pay all costs of collection including reasonable attorney's fees. • Termination: In the event that Customer has any past due invoices on any account with PerkinElmer; Customer becomes bankrupt or insolvent; or Customer has any proceedings pending against it under any statute for the relief of debtors; PerkinElmer may do any or all of the following upon immediate written notice to Customer: immedi- ately suspend support; immediately demand payment for the balance of this Agreement or immediately terminate this Agreement. Support plans may be terminated upon 30 days written notice by either party. In the event PerkinElmer has supplied services or material under this Agreement prior to termination, PerkinElmer shall be enti- tled to payment for such services or materials. PerkinElmer reserves the right to invoice Customer for, or set off against any amount due Customer, charges for said services and materials. Any remaining amount due Customer shall be prorated based on date of cancellation. • Agreement Periods & Expirations: The Agreement period and the period during which the quotation is valid shall be as indicated on the face of this quotation. All quotations and Agreements are non -transferable. • Other Terms and Conditions: PerkinElmer reserves the right to inspect any equipment prior to inclusion or upon lapse of a PerkinElmer support agreement and may require that the equipment be restored to manufacturer's spec- ifications, at the customer's expense, before including it in a support Agreement. PerkinElmer reserves all rights, expressed or implied, NY SPECIAL, EXCLUSIVE not stated herein. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR A INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREE- MENT. PERKINELMER'S LIABILITY IN ANY EVENT SHALL NOT EXCEED, AND CUSTOMER'S REMEDY IN ANY EVEN SHALL BE LIMITED TO, THE AMOUNT PAID BY CUSTOMER UNDER THE TERMS OF THIS AGREEMENT. • Applicable Laws: This Agreement shall be construed in accordance with the laws of the State of Connecticut with- out regard to its provisions concerning choice of law. • Acceptance and Controlling Terms of Agreement: This order is quoted on the basis of the terms and conditions stated herein and all orders are subject to acceptance in Norwalk, Connecticut. To the extent that these terms and conditions are contradicted by Customer's purchase order terms and conditions, these terms and conditions shall control. • Commercially Reasonable Efforts: PerkinElmer personnel will use commercially reasonable efforts when perform- ing all support services. In the event that PerkinElmer is unable to perform support services for any reason, PerkinElmer reserves the right to terminate the contract, and invoice, set off, and prorate any amounts according to the Termination section above. • See attachments for terms and conditions of specific support plans. r1 > PerklnElmer- instruments. 710 Bddgeport Avenue Shelton, CT 06484 Phone: (800) 762-4000 wwwperkinafinercom Quotation No: Quotation Date: Quotation Validity Date: Monthly Billing Plan Bill to/Payer Planned Invoice date Monthly Amount • 09/01/2002 $ 232.00 10/01 /2002 $ 232.00 11/01/2002 $ 232.00 12/01/2002 $ 232.00 01 /01 /2003 $ 232.00 02/01/2003 $ 232.00 03/01/2003 $ 232.00 04/01/2003 $ 232.00 05/01/2003 $ 232.00 06/01/2003 $ 232.00 07/01/2003 $ 232.00 08/01/2003 $ 232.00 Monthly Billing Plan Total: $ 2,784.00 Pre -Payment Discount: 5.000% Pre -Payment Plan Total: $ 2,644,80 Note: Taxes will be applied to your invoice. We do not have a copy of your tax exemption certificate on file. Accepted By: Q2 S a of authorized person James B, O'Neill II, CPPO, FNIGP Director of'Purchasing and Risk Mangement Please print name and title Date 2204230 Customer P.O, Number Page 2 of 2 40115664 03/ 1 1 /2002 03/11/2002 m 07/09/2002 CITY OF FORT COLLINS ACCOUNTING DEPT P 0 BOX 580 FORT COLLINS CO 80522 Quoted By: Telephone No: Yoland Pierre 203-402-7159 Payment Schedule: (Please select one only) Monthly Billing Plan ( I Pre -Payment Plan I VI PerkinEhner_SUPPORT-AAgreement • Charges: The support charges are based on, without limitation, the following elements: type of support to be pro- vided, number of systems, system configuration, use time, type of coverage, payment terms, and location. PerkinElmer reserves the right to make changes to the charges annually on the anniversary date of this Agreement or upon any change in the elements. • Equipment Relocation: Equipment moved to alternote Customer sites shall continue to be serviced under this Agreement; however, the monthly support charge may be affected, subject to the new location's travel zone. Deinstallation or reinstallation services or damages incurred during a move or deinstallation or reinstallation are not covered by this Agreement. Before any equipment covered under this Agreement is moved, PerkinElmer must be contacted. • Exclusions: This Agreement does not include software or firmware upgrades except where specifically included in a particular service plan, or any support services culling horn: (1) Year 2000 non-compliance, for that equipment identified as being non -compliant; (2) abuse, misuse, modification, or mishandling of equipment; or (3) damage due to causes beyond PerkmElmer's control, including, without limitation, acts of God, flooding, power surges or fail- ure, defective electrical work, environmental mflucnccs, deinstallation, reinstallation, unsupported computers or software, operator error, corrosive customer samples, non -contracted applications support, transportation, equip- ment or attachments supplied by other vendors, reagents, or communication tines. • Consumable Parts and Supplies: Customer is responsible for providing consumable parts, operating supplies and other items which by their nature or intended use have a prescribed life, except where specifically included in a par- ticular support plan. Please consult the applicable support plan description and your user's manual for more infor- mation. • Responsibilities: Customer agrees to allow authorized service representatives to inspect the equipment periodical- ly, and further agrees to provide full access to the equipment for performing support services as required, • Installation and Site Preparation: Customer agrees to maintain its premises in a safe condition and to comply with all applicable laws, statutes and regulations governing workplace health and safety. PerkinEhrl Sales and Service personnel are covered by workers' compensation insurance and are not authorized to enter into any indemnity or hold harmless agreements on behalf of PerkinElmer. PerkinElmer will not, in any event, indemnify, defend or hold Customer harmless from any liability that it may incur to PerkinElmer's personnel. • Payment and Credit Terms: Payment due upon receipt of first invoice. Unless otherwise inon the face here- of, Customer agrees to remit payment in full to the address provided on the face of PerkinElmex's invoice. Account balances not paid in accordance with this Agreement are subject to the lesser of fifteen percent (15%) per annum or the maximum prevailing legal interest rate calculated from the date of delinquency. In the event PerkinElmer finds it necessary to refer this matter to an attorney or an agent for collection of delinquent accounts, Customer shall pay all costs of collection including reasonable attorneys fees. • Termination: In the event that Customer has any past due invoices on any account with PerkinElmer; Customer becomes bankrupt or insolvent; or Customer has any proceedings pending against it under any statute for the relief of debtors; PerkinElmer may do any or all of the following upon immediate written notice to Customer: immedi- ately suspend support; immediately demand payment for the balance of this Agreement or immediately terminate this Agreement. Support plans may be terminated upon 30 days written notice by either party. In the event PerkinElmer has supplied services or material under this Agreement prior to termination, PerkinElmer shall tied to payment for such services or materials. PerkinElmer reserves the right to invoicbe enti- e Customer for, ll set off vices and materials. Any remaining amount due Customer against any amount due Customer, charges for said ser shall be prorated based on date of cancellation. • Agreement Periods & Expirations: The Agreement period and the period during which the quotation is valid shall be as indicated on the face of this quotation. All quotations and Agreements are non -transferable. • Other Terms and Conditions: PerkinElmer reserves the right to inspect any equipment prior to inclusion or upon lapse of a PerkinElmer support agreement and may require that the equipment be restored to manufacturer's spec- ifications, at the customer's expense, before including it in a support Agreement. PerkinElmer reserves all rights, expressed or implied, not stated herein. IN NO EVENT SHALL, EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREE- MENT. PERKINELMER'S LIABILITY IN ANY EVENT SHALL NOT EXCEED, AND CUSTOMER'S EXCLUSIVE REMEDY IN ANY EVEN SHALL BE LIMITED TO, THE AMOUNT PAID BY CUSTOMER UNDER THE TERMS OF THIS AGREEMENT. • Applicable Laws: This Agreement shall be construed in accordance with the laws of the State of Connecticut with- out regard to its provisions concerning choice of law. • Acceptance and Controlling Terms of Agreement: This order is quoted on the basis of the terms and conditions stated herein and all orders are subject to acceptance in Norwalk, Connecticut. To the extent that these terms and conditions are contradicted by Customer's purchase order terms and conditions, these terms and conditions shall control. • Commercially Reasonable Efforts: PerkinElmer personnel will use commercially reasonable efforts when perform- ing all support services. In the event that PerkinElmer is unable to perform support services for any reason, PerkinElmer reserves the right to terminate the contract, and invoice, set off, and prorate any amounts according to the Termination section above. • See attachments for terms and conditions of specific support plans. )Poo, Standard Protection Support Plan STANDARD PROTECTION PLAN (P,L,T) Our Standard Protection Plan provides labor coverage by expert service engineers, as well as coverage for travel charges to and from You laboratory, and replacement parts (excluding consumables) used to repair your instrument. The plan covers any instrument that fails through normal use and service. Your analytical systems will be maintained exclusively by factory -trained Customer Support Engineers. PerkinElmer Customer Support Engineers are trained to service the instruments they support, including hardware, software, and operation. Support Engineers diagnose an instrument problem when you call for service and arrive on -site with a properly stocked replacement Parts kit that helps enable completion of service on the first visit. Your analytical systems will be maintained exclusively with factory -authorized replacement parts. This plan covers any part that fails through normal use and service. ALERT RESOURCE NETWORK A formalized ALERT procedure takes o the event that your system is rendered inoperable. Additional local, regional an national support resources are employed if necessary, Technical Specialists are dispatched to your site to solve sophistic problems. 0 rE ner Bridgeport atruments 0 Bridgeport Ave. :elton, Cr 06484-4794 USA 1: 800-762-8288 + (+1) 203-762-4300 S.000n2oo0 ENGINEERING CHANGES In order to ensure reliability and optimum performance, those engineering changes required to maintain system performance to the specification at time of sale will be installed as part of the Standard Protection Plan. SUPPORT NETWORK Your complete satisfaction with all PerkmElmer Support Plans is made possible by our service support network, which is unrivaled by any other analytical instrument supplier in the world. Our network includes an extensive array of interlinked systems and experts to ensure a high level of customer satisfaction. Our Customer Response Center assists you in scheduling service, ordering parts, obtaining expert technical assistance, and contacting your local Customer Support Engineer. You can contact the CRC from 8:30 a.m. to 7:00 p.m. Eastern Time at: (800) 762-8288. SERVICE REPLACEMENT PARTS Those parts that fail through normal use and service (exclusive of operating supplies) will be replaced as part of the repair service. Only factory -authorized parts, supplied from our ISO-9001 certified factories are used during the service of your instrument. This ensures system compatibility, reliability and maximum productivity. Localized inventory and overnight parts delivery is an additional contract benefit and can reduce shipping delays and repair time on You system. TRAINING DISCOUNTS Discounts of 10% will apply to PerkinElmer Support Plan holders for part -numbered applications, customer or service training courses offered at PerkinElmer facilities. SOFTWARE REVISION UPDATES* Software revision updates, including installation, are provided at no charge. TECHNICAL ASSISTANCE CENTER SOFTW PerkinElmer is pleased to offer the Software ver in unprecedented expertise of thew Technical customer, Center. Our in-house TAC support instrument d affords you the convenience of technical Plan. and phone support from your own laboratory. All software, hardware and applications queries FINANC ated will be addressed. Technical inquiries may also The Stan be submitted through our web -site location at: investment www.perkinelmer.com. These benefits are configurati available at no additional cost to our contract decrease co customers. Please see reverse side for additional contract options. To Reach PerkinElmer Customer Support Call: 1.800.762!4000 /FIRMWARE UPGRADES* or firmware upgrades purchased by a will be installed at no charge for covered by this Standard Protection ARE s I.kL PLANNING dard Protection Plan is a pre -arranged tailored to your specific system on to increase productivity and sts. I )1o. Full Protection Support Plan FULL PROTECTION PLAN In addition to our Standard Protection Coverage, Full Protection plans offer you the added flexibility of including Preventive Maintenance (PM) and / or Instrument Performance Verification (IPV). PREVENTIVE MAINTENANCE (PM) When combined with a Standard Protection Plan, a PM option provides for a routine "tune-up" of your instrument. Preventive Maintenance includes a thorough cleaning and inspection of all operating functions to help ensure that your instrument will remain in good operating condition, reducing the likelihood of down time. Preventive maintenance visits are automatically entered by your contract administrator and are scheduled to minimize interference with your business operation during contract coverage hours. INSTRUMENT PERFORMANCE VERIFICATION (IPV) Let PerkinElmer assist you in managing your regulatory or quality requirements. Our IPVs are written to assure compliance in GLP, ISO- 9001, and other qualification programs. IPVS can be purchased on a stand-alone basis or combined with traditional service plans; either option provides the latest in regulatory compliance as a simple fixed cost, scheduled for your convenience. PerkinEhner'slPVprovidesyou with a detailed performance verification package which includes comprehensive data and specifications, a certification sticker, and validation certificate. SUPPORT PLAN BENEFITS • Priority Service Visits • Unlimited Service Calls • Quality and Timely Service • PerkinElmer System Expertise • Priority Technical Phone Support • Service History Availability • Protection Customized to Your System and Operation • Fixed Charge for Improved Budget Control • Factory -Authorized Service Replacement Parts • No Charge to Install Software Updates • With purcbase of Computer Hardware or Soft Coverage " Terms Subject to Change. BE&% F C goo, Please see reverse side for additional contract options. PerkinElmer Instruments 710 Bridgeport Ave. Im To Reach PerkinElmer Customer Support , ihelton, Cr 06484-4794 USA Call: 1-800-762- 000 Eel: 800-762-8288 'ax (+1) 203-7624300 Suonerr7000 PerkinElmer"