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Home My WebLink About438321 THERMO FISHER SCIENTIFIC - CONTRACT - CONTRACT - 8851854March 18 2008 CONTRACT AGREEMENT SALES REP Thermo Fisher Scientific Asheville LLC 308 Ridgefield Court Asheville, NC 28806 USA Contact Carpenter Bobbie Phone 8004384851 ext3 Fax 828-665-4625 Email contracts led@thermofisher com CUSTOMER CONTACT FOR AGREEMENT FORT COLLINS CO 4316 LAPORTE AVENUE FT COLLINS, CO 80522 USA Contact KEITH ELMUND Phone 9702216691 Fax 970416215D Email kelmund@fcgov com RE SERVICE MAINTENANCE AGREEMENT NEW ( RENEWAL Dear Valued Customer Enclosed is the Instrument Service Agreement for your Thermo Fisher Scientific Equipment at your facility We recognize your commitment to provide qualityy testinc7 and appreciate the opportunity to assist you by providing first rNe service for your equipment We encourage you to renew or purchase a Service Agreement in order to assure your facility quality test results through scheduled maintenance visits genuine replacement parts and the services of our factory trained Field Service Engineers If you have any questions please contact our sales Representative (located upper left of this page) at 800-438 4851 prompt 3 We appreciate your continued support and business RENEWING OR PURCHASING COVERAGE_ IS_ EASY AS 1-2 3 2) ?!LEASE MAKE ANY NECESSARY CORRECTIONS ON YOUR SERVICE MAINTENANCE AGREEMENT QUOTE GN THE SERVICE AGREEMENT AND INDICATE THE METHOD OF PAYMENT RCHASE ORDER, CREDIT CARD (VISA OR MC) OR CHECK - For purchase order or check pa ant please attach a copy of the purchase order or a copy of the check at listing the check number - If your organization does not use purchase orders we will need in writing on com any letterhead indicating this We will also need the bilpling address for your organization and something to use in place of po # whether it is the date or - �our initials etc or credit card payment please contact us at 800 438 4851 prompt 3�6VIt is the companV s policy not to accept credit A) FOR GSA SERVI, - Please sign new record i Blanket Puri against our Contract nui September 3 Thermo Fish number is 1' B) FOR NIH D use 3) YOU CAN FAX EMA. Fax number - Email - Mail he enclosed Service Agreement and return with a callnumberfor a one year period under the ederalrSupmpelyt Scheduleu(PSS)znumberr8661INB er GS-24F=1289C beginning October let through h The HHSN source number to use is 26399900013B Scientific LLC EIN number is 364087754 and DUNS 075-5479 ontract number 263-2004-D 00009 OR MAIL THE ABOVE REQUIRED INFORMATION TO 28-665 4625 gntracts LED@Thermofisher com When you receive your invoice se Thermo Fisher P 0 Box 7124 Federal ID# 3 Acceptance and delivery of Your conditions on the face of this q exclusive contract between us fo lle) LLC o 45271-2480 -der is sub3ect to the terms and ,te which shall constitute the your order Customer Contact FORT COLLINS CO 4316 LAPORTE AVENUE FT COLLINS CO 80522 USA Contact KEITH ELMUNO Phone 9702216691 Fax 9704162150 Email kelmundofcgov Corti INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote BKC0003015 THANK YOU MR CHOOSING TRERMO FISHER SCIENTIFIC PLEASE LET US KNOW IF ANY CORRECTIONS ARE NEEDED Contract Sales Rep Thermo Fisher Scientific Asheville LLC 30B Ridgefield Court Asheville NC 28806 USA Contact Carperter Bobbie Phone 8004384851 e1t3 Fax 828 665 4625 Email contracts ledethermofisher cm nvax nice bZ1114 L01 CITY OF FORT COLLINS 4316 LAPORTE AVE Forte 2 FT COLLINS CO 80521 USA KEITH ELMUND 9702216691 kelmundofcgov com Contract % Model Installation Age Package Contract Agreement Current Package Pro Options Serial # Date (Yrs) Type Start End Exp Date Price Rated(t) Price Total 11302 LAE WASHR 26 STM/E 504514 15 03 14 06 2 TC 03 31 OB 03 JO 09 2616 00 0 OD 0 00 2 616 00 Total Price (before applicable taxes) 2 616 00 INSTRUMENT SERVICE AGREEMENT QQUOTE Contract Quote BKC0003015 CONTRACT PACKAGE DETAILS DO DEPOT ONLY Depot Only Service Agreement The Depot Only Service Agreement ra a practical choice for compact equipment used in non urgent situations All repairs use genuine OEM parts and performance teats are conducted to ensure that your equipment meta all factory specifications before it is returned to you Customer responsible for shipping unit to Depot Bey features include Priority Depot repair All labor and parts covered at loot Depot to customer shipping 19 included TC TOTAL CARE The Total Care Plan is our most comprehensive support plar for lab equipment It minimizes downtime through responsive onsite service through annual preventative maintenance by factory certified service engineers The Total Care Plan assures optimal performance of your equipment at a fixed annual cost that makes it easy to budget for equipment support expenses Key featu-es include a Priority onsite repair a Annual onsite preventative maintenance All labor parts and travel time covered 100% Priority depot repair Unlimited priority phone and a marl support SC SCHEDULE CARE NOT AVAILABLE FOR GSA The Schedule Care Plan provides thorough annual preventative maintenance at your site by certified service engineers Dur specialist will inspect clean check and adjust all covered equipment and run all appropriate tests to ensure that your lab equipment continues to meet the manufacturer a performance standards While this plan does not cover the cost of repairs it will assure you of priority service Key features include Annual =Site preventative maintenance Priority scheduling for time and material onsite repair Priority scheduling for time and material depo repairs Phone and a marl support 15% discount on emergency visit !DISCOUNT for pacts only rm applies to Theo Fisher Scientific Equipment] WR WARRANTY PLUS PLAN ONLY AVAILABLE AT TIME OF INITIAL EQUIPMENT ORDER NOT AVAILABLE MR GSA Extend your manufacturer warranty with the Warranty Plus Plan With this Plan you get an additional 12 months warranty and on site preventative maintenance for your lab equipment Plans must be purchased at time of initial equipment order Key features include Priority onsite repair Annual onsite preventative maintenarce All labor parts and travel time covered 10Dk Priority depot repair Unlimited priority phone and a marl support INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote BKC0003015 This Quote is valid for up to 30 days from the contract start date shown above TERMS AND CONDITIONS Thermo Fisher SCientifIc(AahevIlle)LLC ( Thermo ) agrees to perform and Customer agrees to pay for the servicing ofequipment terms conditions This order shall be deemed accepted upon the customer a signature of this order or the commencement of Service by Themo Thermolobtactsthe to anyladdiowintional or different terms contained rn Customer a response or other documentation 1 Service (a)_ ern_ will se,vrce those instruments identified on this document when they are not operating in accordance with product specifications and restore them to product specifications as determined by Therm ( Service ) (b) Thermo agrees to provide Service within the 40 contiguous United States and the District of Columbia B 00 a m to 5 00 p m local standard time Normal Hours ) Monday through Friday (excluding Theholidays) during the hours of For service Them calla requested outside of Normal Hours (weekends nationally observed holidays overtime etc ) Thermo will bill Customer at Thermo a applicable after hours service rate (c) Charges for services shall include work time travel time service time and expenses Service shall be considered complete when Thermo demonstrates by an appropriate test Preld ocedure thatice Report instrument is operating in accordance with its performance specifications Thermo shall provide to the Customer a copy of the port detailing the work performed by Therm s Field Service Representative (d) If Services are provided during the applicable warranty period Therm will subject to these terms and conditions at its cost repair those instrument malfunctions which occur notwithstanding that the instrument is being operated in accordance with Therm s instruction manual for such instrument and the terms and conditions for the product s original sale 2 payment (a) Customer agrees to make payment of the total charge as a single payment within thirty (30) days of the date of invoice (b) 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 exemption certificate to Thermo (c) GSA Service Au eements to be invoiced quarterly in arrears 3 Replacement Parts There shali6e—an additional charge to Customer for parts provided by Thermo for Service No such charge is imposed for in warranty Service except for supply of consumables customer maintenance Items printer paper pens specialized lamps and fuses Thermo provides a three (3) month warranty with replacement parts 4 Equipment MOdifleatlon Thermo I_____,71ght to make any changes in the design or construction of Therein s Instruments without Incurring any obligation to make any changes whatsoever in the instruments described in this agreement Customer agrees to allow Them at Thermo a expense to make retrofits or design changes which improve instrument reliability but do not change instrument performance characteristics 5 Warrant Subject to the conditions set forth in this Agreement Theron warrants that Service rendered by Thermo to the Customer hereunder shall be performed by Thermo in a workmanlike manner and thereafter the instrument will perform in accordance with to published specifications for ninety (90) days from data of Service Thermo a sole obligation under this Agreement is to provide Service as described in Section 1 Service THERMO MARES NO WARRANTIES EXPRESS OR IMPLIED AND DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCRANTABILITv AND FITNESS FOR A PARTICULAR PURPOSE ANY REPLACEMENTS BY THERMO DO NOT EXTEND THE ORIGINAL WARRANTY PERIOD 6 Indemnification 6 Limitation of Liabilit T arm agrees to in a I y e en an save Customer its officers directors emp oyees agents and representatives harmless from all losses 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 misconductby Thermo while on Customer s premises in connection with its performance of Services IN NO EVENT SHALL EITHER PARTY BE LIABLE mOR INDIRECT SPECIAL PUNITIVE CONSEQUENTIAL OR INC DENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION) REGARDLESS OF WHETHER EITHER PARTY )A) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) IS NEGLIGENT IN NO EVENT WILL THERMO S TOTAL LIABILITY EXCEED THE TOTAL CHARGE PAID BY CUSTOMER FOR THE SERVICE 7 Insurance INSTRUMENT SERVICE AGREEMENT UCTE Contract Quote BKC000301 Tfor each hermo maintains insurance policies which have the following minimum limits and coverage (a) Comprehensition ve general liability insurance fora limit of $1 000 000 done million) Comprehensive rAutomobile$LiabAOity for a00 (too mlimit ofi$1t000 000 egaCopieete bofscerciEiryeaeskotoaurmanceaevidencmem[heyspecifiabicoveransurancge are availaa limit f $1000 000 and (c) s Customer Ree onsibilities (a) TustONW1 snail Provide -Thermo personnel reasonable access to the equipment whenever service is required Customer shall cooperate with Thermo personnel so that service can be performed efficiently and without interruption (b) Thermo shall be allowed use of Customer equipment which Them personnel deem necessary (c) Customer shall be responsible for the procurement installation and maintenance of all nor Thernoo commmunicationcmedia etc 9 General (a) —Thermo 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 (b) Thermo reserves the right to determine the assignment of its (c) Customer shall not assignthis trim employees m the performance of this Agreement Agreement without prior consent of Thermo (d) This document constitutes the complete and exclusive agreement between Thermo 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 unless made in writing and signed by a duly authorized representative of Them, (a) This Agreement shall be governed by the internal lava of the Commonwealth of Massachusetts tomer related to this Agreement in the United States District Courts located in Suffolk County Mae achusettsonsente to the exclusive venue and jurisdiction over any action if) Any pr,visroWS) 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 (9) If the Service of a Thermo employee is postponed or suspended by Customer or is delayed or does not proceed with reasonable dispatch due to no fault of Thermo Thermo may withdraw the person or return another service representative to the lob when needed and available and any additional costs (including travel time and expenses) incurred by Thermo because of this will be an additional charge to the Customer (h) In u the event of any legal proceeding between Thermo and Customer 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 Any action arising under this Agreement moat be brought within two (2) years from the date that the cause of action arose (i) Thermo a employees will present Customer at the end of each week or at the completion of the lob if less than one week arill be w indicated the number of hours spent and the material used in completing the work Cuataner shall sign the field service sport in the place indicated field service report on which thus signifying approval of the time spent and material expense incurred onthis work If Customer does not written objection to it within five (5) business days after Thermo provides Customer with the report [hen tsign such report and also does not provide he report shall be deemed as approved Out of warranty service Doc 2/27/2007 Au orire Cus Omr Signature pate t41 DD g5 6i�S-4 Purc ase Or,er Number or Credit Car N er or Check Number (please attach document) Thermo Contract n atrator Date MM DD YY