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HomeMy WebLinkAbout438321 THERMO FISHER SCIENTIFIC - CONTRACT - AGREEMENT MISC - 9951270T°herme Fisher S. C I E N T I F I C The w.dd leede, h Ong science INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote JLB0000663 7. Insurance: TFermomaintains 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 insurance for a limit of $1,000,000; and (c) Comprehensive Automobile Liability for a limit of $1,000,000. Copies of certificates of insurance evidencing the specified coverage are available upon request. 8. Customer Res onsibilities: (a) Customer NEW prove a 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 Thermo personnel deem necessary for performance of service. (c) Customer shallrbe:responsible for the procurement,•installation,-and maintenance of all non -Thermo communication media, etc. _ 9. General: (a)TF�O 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 employees -in the performance of this Agreement. (c) Customer shall not assign this 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 Ms Agreement.shall be binding on Thermo unless made in .writing and signed.by a duly authorized representative of.Thermo. (e) This Agreement shall be -governed by the internal laws of the Commonwealth of Massachusetts:, Customer consents to the exclusive venue and jurisdiction over any action "r.related to this Agreement.in.tfte'United States District -Courts located.:in Suffolk County; Massachusetts. :(f.) 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 to7the extent of-such.contravention of law, be deemed separable and shall not affect any other provision or the validity of this Agreement. (g) 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 job 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 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 must be brought within two (2) years from the date that the cause of action arose. (i) Thermo's employees will present -Customer at the end of each week, or at the completion of.the job if less than one week, a field service report on which will be indicated the number of hours spent and the material used in completing the work. Customer shall sign the field service. report in the place indicated, thus signifying appproval of the time spent and material expense incurred onthis work. If Customer does not sign such report and also does not provide written objectnon to it within five (5) business days after Thermo provides Customer with the report, then the report shall be deemed as approved. Rev 2/27/2007 20a- .Auth o iz Customer igna ure Date g51a7o urc ase Order Number or ec un r (please attach document) Thermo Contract Administrator Date PLEASE FAX THIS PAGE TO 828-665-4625 or.. SCAN AND EMAIL TO(contracts.led@thermofisher.can) ThermoRsher S C I E N T I F I C The Kul,ld I"d" m SCi_ e, January 08 2009 CONTRACT AGREEMENT SALES REP Thermo Fisher Scientific Asheville LLC 308 Ridgefield Court Asheville, NC 28806 USA .Contact: Bosner,.;Jennifer Phone: 8004384851'ext2 Fax: 828-...665'-462.5-• Email: contracts-.led@thermofisher.com CUSTOMER CONTACT FOR.AGREEMENT Contact: KEITH ELMUND Phone: 9702216691 Fax: 9704162150 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 quality testing and appreciate the opportunity to assist you by providing first rate 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 your 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. 1) REVIEW YOUR SERVICE AGREEMENT FOR ACCURACY - PLEASE MAKE ANY NECESSARY CORRECTIONS ON YOUR SERVICE MAINTENANCE AGREEMENT QUOTE. .2) SIGN THE SERVICE AGREEMENT AND INDICATE THE METHOD OF PAYMENT; PURCHASE ORDER, CREDIT CARD (VISA OR MC) OR CHECK. - For purchase order or check payment; please attach a copy of the purchase order or, a copy of the check stub listing the check number. - If your organization does not use purchase orders we will need in writing on company letterhead indicating this. We will also need the billing address for your organization and something to use in place of po #, whether it is the date or your initials, etc. For credit card payment please contact us at 800-438-4851 prompt 3,6.It is the company's policy not to accept credit card numbers via email or fax. A) FOR GSA SERVICE AGREEMENT ONLY: -Please sign the enclosed Service Agreement and return with a new record of call number for a one year. eriod under the `B-1'anket-Purchase Agreement (HHSN) number 63-200800018B against our -"Federal Suppplyy Schedule (FSS) number 66IIN. Contract number.GS-24F-1289C,beginning October 1st througgh September 30th. The HHSN source number to use is 26399900013B. Thermo Fisher Scientific LLC EIN number is 364087754 and DUNS number is 17-075-5479. B) FOR NIH D use contract number HHSN263200800014I 3) YOU CAN FAX,EMAIL OR MAIL THE ABOVE REQUIRED INFORMATION TO: - Fax number: 828-665-4625 - Email: Contracts.LED@Thermofisher.com - Mail: Thermo Fisher Scientific (Asheville) LLC Attention Service Contract Administrator 308 Ridgefield Court, Asheville, NC 28806 When you receive your invoice send your payment to: Thermo Fisher Scientific (Asheville) LLC P.O. Box 712480, Cincinnati, Ohio 45271-2480. Federal ID# 36-4087754 Acceptance and delivery of your order is subject to the terms and conditions on the face of this quote, which shall constitute the exclusive contract between us for your order. Thermo fisher S C I E N T I F I C The'v 'm I'adec in Serving Science INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote JLB0000663 Customer Contact THANK YOU FOR CHOOSING THERMO FISHER SCIENTIFIC Contract Sales Rep Contact:KEITH ELMUND Thermo Fisher Scientific Phone: 9702216691 Asheville LLC Fax: 9704162150 308 Ridgefield Court Email: kelmund@fcgov.com ************** Asheville, NC 28806 - PLEASE LET US.KNOW IF ANY CORRECTIONS ARE NEEDED - USA Contact:Bosner, Jennifer Phone: 8004384851 ext2 Fax: 828-665-4625 Email: contracts.led@thermofisher.com Work Site .621114. 04'�"FORT COLLINS CO, WATER.QUALITY LABORATORY.;. 4316:LAPORTE.AVENUE SUSAN SUE REED _' 970-221-6863 y UTILITIES DEPT. FORT COLLINS, CO, 80521, USA.: sreed@fcgov.can Installation Age Package Contract Agreement Travel Package Pro- Options Contract # Model Your Serial# Date (Yrs) Type . Start End Zone Price Rated(l) Price 11302 LAB.WASHR 26"STM/E 504514-15 03-14-06 3 TC 0373149 03-30-10 2 2759.00 0.00 '0.00 Quantity Options Unit Price Total Price 1 Included PM 601.00 0.00 Total 2.759.00 Total Price (before applicable taxes): Qe 2.759.00 Thermo Fishes' S C I E N T I F I C F*,e vmrin lead= ina Wr Ag science DO = DEPOT ONLY Depot Only Service Agreement The Depot Only.Service Agreement-is.a practical choice for compact equipment used, in- non- urgent- situations. All repairs use genuine OEM parts -and performance tests are conducted to ensure that your.:equipment meets all factory specifications-beforeitiislreturned to you. Customer responsible for shipping unit to Depot. Key features include: * Priority -Depot repair * All.labor and parts covered at 100% * Depot -to customer shipping is included INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote JLB0000663 CONTRACT PACKAGE DETAILS SC = SCHEDULE CARE ***NOT AVAILABLE FOR GSA*** The Schedule Care Plan provides thorough annual preventive maintenance at your site by certified service engineers-.-Our-specialist- - will inspect, clean, check, adjust and run all appropriate tests to ensure that youf lab equipment'continues to' -meet the manufacturer's performance :standards.. While this plan does not cover the cost'of:.repairs, it will. assure you of priority service. Key features include: * Annual onsite preventive maintenance (labor and travel - included) * Priority scheduling for time and material onsite repair * Priority scheduling for time and material .depot repairs * Phone and e-mail support * 15% discount on parts, labor and travel when additional service is needed outside of the scheduled preventive maintenance visit (DISCOUNT for parts applies to Thermo Fisher Scientific Equipment, some parts may not be available) TC = TOTAL CARE WR = WARRANTY PLUS The Total Care .Plan is our most -comprehensive support plan for lab: ***PLAN ONLY AVAILABLE AT TIME OF INITIAL EQUIPMENT ORDER*** equipment. It minimizes downtime through responsive onsite service ***NOT AVAILABLE FOR GSA*** through:annual preventive maintenance by factory -certified service engineers. The Total Care Plan assures optimal performance of -your - Extend your manufacturer warranty with the Warranty Plus Plan. With this - - equipment at a. fixed annual ..col makes•it easy,to budget for =: plan you': get- an additional 12:months warranty and on -site preventive equipment -support expenses.. _. :..maintenance' -for your lab equipment. Plans must be purchased at time of initial equipment order. Key features include: Key features include: * Priority onsite repair * Annual onsite preventive maintenance * Priority onsite repair * All labor, parts and travel time covered 100% * Annual onsite preventive maintenance * Priority depot repair * All labor, parts and travel time covered 100% * Unlimited priority phone and e-mail support * Priority depot repair * Unlimited priority phone and e-mail support Thermo Fisher S C I E N T I F I C The world lead., m serving science INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote JLB0000663 This Quote is valid for up to 30 days from the contract start.date shown above. TERMS AND CONDITIONS Thermo_Fisher Scientific(Asheville)LLC ("Thermo") agrees to perform and Customer agrees --to pay: -for the servicing of equipment subject to•the following terms and conditions. This, order- shall -be -deemed accepted upon the customer's signature of this .order. or the- commencement of Service by Thermo. Thermo objects, to any- additional_or. different terms contained in Customer's response or -other documentation. 1. Service: (a)—TFe—rmo°will service those instruments identified on this document when they are not operating in accordance with product specifications and restore then to product sppecifications as determined by Thermo ("Service"). (b).Thermo agrees.to-provide Service within the 48 contiguous United States -and the District of Columbia, Monday through Friday (excluding Thermo holidays) during the hours of 8:00,a.m. to 5:00 p.m. local standard time ("Normal Hours"). For service calls requested outside of Normal Hours (weekends, nationally observed holidays, overtime, etc.) Thermo will -bill Customer at Therno's 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 procedure -.that the instrument is -operating in accordance -with A is performance specifications. Therno shall provide to the Customer a copy of the Field Service Report detailing the work performed by Thermo's Field Service Representative. (d)-If Services are provided during the applicable warranty period, Thermo will, subject to these terms and conditions, -at its cost repair those instrument malfunctions which occur notwithstanding that the instrunent is being operated in accordance with Thermo'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 Agreements to be invoiced quarterly in arrears. 3. R lacement Parts: „ ere-s a e an�additional< charge to- Customerfor parts provided by.Thermo for Service:.- No such•charge:is imposed for -.in -warranty Service, except for supply of consumabl es. c customer maintenance items,•printer paper, pens, specialized lamps and. fuses. Thermo<provides a three (3) month warranty with replacement parts 4. E ui�rent Modification: Thermo reserves the riyht::to:make any changes-incthe design or•construction.of:Thermo',s:instruments.without .incurring any -obligation to make lany changes whatsoever in the instruments -described in this%agreement. Customer agrees.to allow Thermo at Thermos expense to make retrofits or design changes which improve instrunent reliability but do not change instrument performance characteristics. 5. Warranty: Sub''ect to the conditions set forth in this Agreement. Thermo 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 its published specifications for ninety (90) days from date of Service. Thermo's sole obligation under this Agreement is to provide Service as described in Section 1, Service. THERMO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY REPLACEMENTS BY THERMO DO NOT EXTEND THE ORIGINAL WARRANTY PERIOD. 6. Indemnification & Limitation of Liabilit Thermo agrees to indemnify, a en an save Customer, its officers, directors, employees, agents and representatives harmless from all losses, expenses, demands and claims made against Customer, its officers, directors, employees, agents and repressentatives because of any personal injuries, death or property damage to the extent it is caused by SHALL EITHER PARTY eBEeLm9IABLEcFOR rINDIRECT, willful mSPECIAL, PUNITI E. CONSEQUENTIAL isconductbThermo, while on t RepINCIDENTALeDAMAGES s in n(INCLUDING nection tBUT tNOT eLIMITED cTO fLOST vPROFITS AND BUSices. IN NO INESS 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.