HomeMy WebLinkAbout292454 THERMO ELECTRON SCIENTIFIC INSTRUMENTS - CONTRACT - CONTRACT - 4402735Thermo
ELECTRON CORPORATION
USER INFORMATION
Sue Reed
City of Fort Collins
4316 W Laporte Ave
Fort Collins CO 80521
PHONE: 970-416-2161
FAX: 970-416-2150
E-MAIL:
BILLING INFORMATION
City of Fort Collins
Accounts Payable
PO Box 580
Ft Collins CO 80522-0580
#33199
SERVICE CONTRACT #: 19488-2
QUOTATION EXPIRATION DATE: 7/18/2004
SERVICE CONTRACT INFORMATION
CONTRACT PERIOD: 4/19/2004 thin 4/1812005
CONTRACT TYPE: Essential Support Plan
SERVICE REP: Gene Hayes
FIN CODE: 26.10.10
Customer aynees to make full payment within thirty days of invoice. Alternative payments are available at an additional finance fee. Prices shown on this sheet are
exclusive of all state, local, use, excise, and/or other taxes.
Item Number Serial # Description Price
M6 AA 601330 ATOMIC ABSORPTION SPECTROPHOTOMETER $4,191.00
GF95 Furnace (M6 & MQ2) $1,850.00
The Essential Support Plan allows you to properly budget for the expenses related to one preventive maintenance visit and unlimited
emergency on -site visits for problem resolution. Coverage is provided during normal business hours, 5 days a wee$ 9 hours per day,
excluding holidays. A 72-hour or less response time is provided for the on -site emergency visits. The plan also includes consumables
as specified by a Thermo engineer during the preventative maintenance visit, repair parts (non -consumable) for the on -site emergency
visits, 2-hour technical support response time, automatic case logging, software updates, and access to available online support
resources.
Exclusions: Consumables such as anti are bonnets baffles, buffer/center/oscillator/power tubes, burner heads, calibration standards,
detectors, diaphragms, external gas control or venting equipment, filters, fuses, glow plugs, graphite parts, hoses, impingement beads,
lamps, nebulizers, open optics, o-rings, pressure switches, sample cones, sample prep and glassware items, software media, spray
chambers, stylet, torches, tubing, and work coils. Components that are no longer available from Thermo suppliers, or products that
cannot be repaired as result; nor complete replacement of equipment covered under the agreement.
Thermo Electron looks forward to providing service on those instruments specified above subject to the terms and conditions stated on
the reverse side of this document.
ACCEPTANCE OF CONTRACT
Sign iqc:4, N Date
CIJ,I s� Fi,Co16.4
PO# (An invoice will be issued after receipt of hard copy P.O.)
CONTRACT TOTAL: $6,041.00
THERMO
Service Contract Specialist_
Title
If you have any questions, please contact one of our Service Contract Specialists, or your local Field Service Representative.
Date
SERVICE AGREEMENT TERMS AND CONDITIONS
Thermo Electron Corporation agrees to perform and Customer agrees to pay for the (b) Maintenance or replacement of media (i.e., floppy disks, printer supplies, etc.)
servicing of equipment subject to the following terms and conditions. This order shall whatever the reason for loss, failure or damage is not covered by this Agreement.
be deemed accepted upon the issuance of a purchase order, or the commencement of (c) The servicing of non-Themao Electron material or equipment is not covered by this
Service by Thermo Electron. Thermo Electron objects to any additional or different Agreement This includes non -Thermo Electron material or equipment purchased for
terms contained in Customer's response. This offer expires on the quote expiration Engineering Specials.
date of the cover page. (d) Beta -site support is not covered by this Agreement.
(e) Service calls made to tram operators, not equipment malfunction, are not covered
1. Service: Thermo Electron will maintain those instruments identified on the cover
sheet ("equipment") to ensure they operate within Thermo Electron's equipment
specifications, within the 48 contiguous United States and the District of Columbia,
Monday through Friday (excluding Thermo Electron holidays) during the hours of
8:00 am. to 5:00 pm, local standard time ("Normal Hours") for the term of the
agreement. The equipment must be operated according to the Operator's Manual(s)
and any malfunction must be reported promptly to Thermo Electron.
(a) Service calls requested outside of Normal Hours and service of those items not
identified on the cover sheet will be billed at Thermo Electron's current service rates.
(b) Thermo Electron provides various levels of Service at the Customer site (s) or
Depot repair. The level of Service provided to Customer is stated on the cover sheet of
this order.
2. Term: (a) the term of this Agreement is stated on the cover page. Thermo
Electron reserves the right to withhold service purchased under this Agreement if
Customer fails to make payments as due. Should nonpayment extend beyond 30
(thirty) days after receipt of written notice, Thermo Electron may cease providing
service. Customer shall nevertheless pay for all amounts due and payable prior to
suspension of Service.
(b) Both parties have the right to cancel this Agreement by providing written notice 30
(thirty) days in advance to the other party. Customer shall pay for all amounts due and
payable prior to termination of Service. Thermo Electron will reimburse Customer on a
pro rate basis up to the termination date for any payments made in advance.
(c) Renewal of Agreement The annual charge for a subsequent term shall be the
current charge in effect at the start of the new term. Thermo Electron agrees to waive
its right to bill the Customer for bringing the equipment into good operating condition
if there is no lapse between the end date of this Agreement and the beginning of the
renewal. To renew this Agreement, Customer rust sign a Renewal Service Agreement
accompanied by a purchase order.
3. Payment: Customer agrees to stake U.S. or Canadian currency payment of the
total charge as a single payment within thirty days of the start of the Term or in an
alternative payment schedule. All payment is not 30 (thirty) days. Charges are
exclusive of all state, local, use, excise and other taxes. Any such tax shall be paid by
the Customer, unless the Customer furnishes a valid tax exemption certificate to
Thermo Electron.
4. Pane: The service level defines when the cost of parts are included, with the
exception of certain commuslates, i.e., those parts which are consumed in the normal
and usual operation of the equipment Examples of consumables include, but are not
limited to, are: sample prep & analysis consumables, paper, ink cartridges, ribbons,
pens, lamps, data media
5. Initial Condition of Equipment: Pricing of services is based on the assumption that
the equipment operates in accordance with product specifications on the start of the
Term. Them Electron reserves the right to verify equipment condition at its current
service rate prior to the start of the Term.
6. Equipment Madification: At the discretion of Thermo Electron and with Customer
approval, modification may be made to equipment during service by Thermo Electron
in order to improve performance or reliability. No additional charge will be made for
this service. Any Customer requests to modify or add non -Thermo Electron approval
devices or accessories to equipment are outside the scope of this Agreement.
7. Limitations: (a) Exceptional Causes of Equipment Malfunction. Repair of
equipment malfunction for the following abnormal conditions is not covered by this
Agreement and will be performed by Thermo Electron at its current service rate for
travel, labor and pars:
i. Shipping damage incurred emroute to Customer's site or because of moving
equipment Thermo Electron will promptly provide a cost estimate for repairs to
the consignee for fling claims to carriers for shipping damage.
w Fbod, lightning, earthquake, tornado, hurricane or fine, bombing, armed conflict,
malicious mischic& sabotage orothernatural ormammade disestcrL
iii. Physical abuse, misuse, sprinkler damage, electrical surge or abnormal power
variation
iv. Repairs, maintenance, or modifications made by anyone other than Thermo
Electron trained personnel or without Therm Electron's supervision and/or
approval-
v. Relocation and reinstallation of equipment are not covered under this Agreement;
although upon request Thermo Electron, will supervise the removing, crating,
relocation and reinstallation of equipment at Thermo Electron's current service
rate.
by this Agreement.
(f) Service calls made as a result of customer -identified areas of responsibility, i.e.
malfunctions related to proper site facilitization (power, water, temperature, humidity,
vibration, dust, etc.) or site computer/data network issues/mtegnty
8. Warranty: Thermo Electron's sole obligation under this Agreement is to provide
service as described in section 1, Service. THERMO ELECTRON MAKES NO
WARRANTIES, EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND ANY OTHER OBLIGATIONS OR
LIABILITIES WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE OR
OTHERWISE. SELLER SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS AND BUSINESS INTERRUPTION ARISING OUT OF THE
USE OR INABILITY TO USE PRODUCTS OR SERVICES SOLD HEREUNDER.
In no event will Thermo Electron's liability exceed the total charge of this Service
Agreement.
9. Indemnification: Thermo Electron agrees to indemnify and save Customer, its
officers, directors, employees, agents and representatives harmless from all tosses,
expenses, demands and claims made against Customer, its officers, directors,
employees, agents and representatives because of any personal injuries, death or
property damage to the extent it is caused by the negligence or willful misconduct of
Thermo Electron, its employees, agents or representatives in connection with its
performance of services under this agreement, in no event shall Thermo Electron be
liable for indirect, special, consequential or incidental damages, regardless of whether
Thermo Electron (a) has been informed of the possibility of such damages or (b) is
negligent
10. Insurance: Seller maintains insurance policies which have the following minimum
limits and coverage: (a) Comprehensive general liability insurance for a limit of
$1,000,000 (one million) for each occurrence and $2,000,000 (two million) in the
aggregate, (b) Statutory workers' compensation and employer's liability msumance and
(c) Automobile liability insurance for a limit of $1,000,000 (one million) for single
limit Copies of certificates of insurance evidencing the specified coverage are
available upon request
11. Customer Responsibilities: Customer shalt provide Thermo Electron personnel
reasonable access to equipment whenever service is required. Customer shall
cooperate with Thermo Electron personnel so that service can be performed efficiently
and without interruption. Thermo Electron shall be allowed use of Customer
equipment which Thermo Electron personnel deem necessary for performance of
service. Customer shall be responsible for the procurement, installation, and
maintenance of all non -Thermo Electron cammunicatian media including but not
limited to telephone and communication equipment for the remote transmission of
data Charges for such equipment or media in connection with the performance of
service under this Agreement shall be home by Customer.
12. General: Thermo Electron agrees not to knowingly disclose any information or
data obtained pursuant to the performance of this Agreement when such information or
data is clearly identified as proprietary. Thermo Electron reserves the right to
determine the assignment of its employees in the performance of this Agreement
Neither party shall assign this Agreement without prior consent of both parties. This
document constitutes the complete and exclusive agreement between Thermo Electron
and the Customer concerning the servicing of equipment and no addition to or
modification of any provision of this Agreement shall be binding on Thermo Electron
unless trade in writing and signed by a duly authorized representative of Thermo
Electron. This Agreement shall be governed by the internal laws of the State of
Wisconsin, and the United States. Customer consents to venue and jurisdiction over
any action related to this Agreement in the United States District Court for the Wester
District of Wisconsin or the Circuit Court for Dame County, Wisconsin, and any
provision (s) of this Agreement which in any way contravenes the law of any state or
country in which this Agreement is effective shall to the extent of such contravention
of law, be deemed separable and shall not affect any other provision or the validity of
this Agreement In the event of any legal proceeding between the Seller and Buyer
relating to this Agreement, neither party may claim the right to a trial by jury, and both
parties waive any right they may have under applicable law or otherwise to a right to a
trial by jury