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Home My WebLink About132950 TELEDYNE LEEMAN LABS - CONTRACT - AGREEMENT MISC - 99552566 Wentworth Drive Hudson, NH 03051 603-886-8400 Tel. 603-886-4322 Fax TELEDYNE INSTRUMENTS Leeman Labs A Teledyne Technologies Company FULL MAINTENANCE AGREEMENT DATE 8/4/09 CUSTOMER P.O. NO. I PHONE NO. 970-221-6939 CONTACT Jason Graham CHANNELS 0 TERRITORY NAME (HEREINAFTER "CUSTOMER") City of Fort Collins, Pollution Control Lab PARTS: INCLUDED (except consumables, see exclusions listed below) STREET PO Box 580 MAXIMUM Scheduled (PM) OR Emergency NUMBER OF VISITS: One (1 ) ONE 1) CITY STATE Fort Collins CO 80522 M-F 8:30A-5:OOP PERIOD OF TECHNICAL PHONE SUPPORT: UNLIMITED Excl. Holidays INSTALLATION LOCATION (SITE) 3036 Environmental Drive TELEPHONE RESPONSE TIME: 4HRS OR LESS TRAVELEXPENSES INCLUDED FREIGHT I SHARED ON -SITE LABOR AND RESPONSE TIME: INCLUDED 48HRS OR LESS ITEM INSTRUMENT MODEL/DESCRIPTION INSTALL # COMMENCEMENT DATE ANNUAL QUARTERLY PRICE PRICE 1 2 3 HYDRA AFG+ 62891 10/15/09 - 10/14/10 $5,935.00 $5,935.00 CONSUMABLE PARTS (not included) AND ADDITIONAL EXCLUSIONS TOTAL $5,935.00 $5,935.00 Smpl Intro. Assy,Pmp Tbg and Smpl Tip Filter Assy,Smpl Intro Backplate,lnput Mirror,Autosampler Tubes and Racks,Water Fittings -external, Water Lines -external, Oscillator Tube,Optical Purge window, Computer, Monitor and Printer, Refrigerating Chiller MULTI -UNIT DISCOUNT 5% N/A N/A QUARTERLY PAYMENT FEE 5% $296.75 ANNUAL PAYMENT $5,935.00 N/A Acceptance of this offer is expressly limited to the Teledyne Leeman Labs Terms & Conditions. AMOUNT DUE EACH QUARTER $1,557.94 SUBJECTTO CREDITAPPROVAL PRICE PRICE ANNUAL QUARTERLY ORDER WRITTEN BY iPHONE# Ed DelliColli 603-521-3272 PRODUCT LINE: HYDRA AA, HYDRA PREP & HYDRA AF SERIES Prices will be adjusted to include taxes. The parties have signed this Agreement on the dates set forth below. CUSTOMER: SIGNED TITLE�� ✓�G7Ur �� 7�/'" ��pr7QG' ref �tit� DATE O V �� 7 Rev 08/17/2007 Form #05-1006-1 ACCEPTED: Ed DelliColli TITLE Service Contract Coordinator DATE rol\ TELEDYNE INSTRUMENTS Leeman Labs A Teledyne Technologies Company August 4, 2009 Jason Graham City of Fort Collins Pollution Control Lab PO Box 580 Fort Collins, CO 80522 Dear Mr. Graham, Our records indicate that the Maintenance Agreement on your Hydra AFG+ Analyzer, installation number 62891, will expire on 10/14/09. The Teledyne Leeman Labs Full Maintenance Agreement delivers the best possible protection for controlling against any unexpected problems or unforeseen cost that can arise. Teledyne Leeman Labs is committed to serving you and maintaining our reputation as the industry leader in service satisfaction. Enclosed is a copy of the Service Agreement Overview that briefly describes the differences between our frill and limited maintenance agreements. The agreement format has been updated and a quotation for the Full Maintenance agreement has been enclosed for your review. Teledyne Leeman Labs would like you to join in the growing number of satisfied customers covered by our maintenance agreement programs. We are offering a 10% discount for multi -year and 5% for multi -instruments covered under the Full Service Agreement. Also, we have recently introduced a new program that will give back a portion of your maintenance agreement investment. The program provides points that can be accumulated and converted to dollars. The dollars can then be applied toward the purchase of a new Teledyne Leeman Labs instrument. For details, see the enclosed sheet titled Loyalty Program. Please sign and return the agreement that most appropriately suits your needs, along with a hard copy purchase order, so that coverage can continue. All agreements are subject to credit approval. If you would like further information please call me at 603-521-3272. Sincerely, Ed DelliColli Service Contract Coordinator Teledyne Leeman Labs, Inc. Encl: Full Service Agreement Loyalty Program Service Agreement Overview Service Contracts Standards Program Terms and Conditions !t TELEDYNE INSTRUMENT Leeman Labs A Teledyne Technologies Company Service Agreement Overview (Mercury and Cyanide* analyzers and preparation systems only) FULL MAINTENANCE AGREEMENT — A set -rate comprehensive package that allows the user to accurately budget in advance for 5 days a week, 8 hours per day service, excluding weekends and holidays, for each instrument under the agreement. The fee covers unlimited telephone technical assistance, replacement* parts, all travel and living expenses associated with one pre - scheduled preventive maintenance on -site visit or one emergency on -site visit with priority response for the emergency service. It also includes our Depot Maintenance service described below and a 10% discount on all PLASMA -PURE standards DEPOT MAINTENANCE AGREEMENT — The fee includes all replacement* parts and unlimited telephone technical support for the instrument under agreement. It also includes additional depot repair service that allows the user to return the unit to our repair center for the more complex repairs and ensures a guaranteed turnaround time of 5 days or less once unit is received. You will also receive a 10% discount on all PLASMA -PURE standards. LIMITED MAINTENANCE AGREEMENT — This agreement allows the user to budget for costs associated with replacement parts and technical support. The fee covers all replacement* parts and includes unlimited telephone technical support for the instrument under agreement. This agreement is designed for the user who performs their own maintenance, requires a fixed cost for replacement parts and may need extended access to our Technical Support Group to help diagnose instrument problems. In addition you will receive a 10% discount on all PLASMA -PURE standards. *Parts not included are listed on each agreement *Full agreements not available on Cyanide Analyzers or Cyanide preparation systems REV 12/13/2001 !t TELEDYNE LEEMAN LABS A Teledyne Instruments, Inc. Company TERMS AND CONDITIONS OF SALE (SERVICES) 1. DEFINITIONS 'Contractors means Teledyne Leeman Labs, a business unit of Teledyne Instruments, Inc. "Customer" means the legal entity purchasing Goods from Contractor. "Services" means the services offered by Contractor and/or purchased by Customer. "Offer" means any quote, proposal, or offer to sell Goods provided by Contractor to Customer. "Order" means any purchase order or similar instrument issued by Customer to Contractor to purchase Services. Contractor and Customer are sometimes referred to herein individually as a "Party" and collectively as the "Parties". 2. ACCEPTANCE The terms and conditions included in this 'Terms and Conditions of Sale' document (hereinafter, this "Agreement) apply to all Offers made by Contractor to Customer and all Customer's Orders accepted by Contractor only for the equipment identified by the Install Number delineated on the face of the Order. Acceptance of Customer's Order, and any changes or amendments thereto, is expressly conditioned upon Customer's assent to these terms and conditions. Unless specifically agreed to in writing by a duly authorized representative of Contractor, Contractor objects to, and is not bound by, any terms or conditions that differ from or add to the terms and conditions specified herein. Contractor's failure to object to any terms and conditions or any other provisions contained in any communication from Customer, including, but not limited to, Customer's Orders, does not waive any of the terms and conditions specified herein. Contractor's acceptance of any resulting Order or Customer's receipt of Goods, whichever occurs first, will conclusively evidence Customer's unconditional acceptance of these terms and conditions. 3. PRICES Unless stated otherwise in writing by Contractor, all prices and Service Fees (as defined below) are stated in U.S. Dollars and the prices offered are valid for a period of thirty (30) days from the date of Contractor's Offer. The prices offered apply only to the specific scope of Services and schedules set forth in Contractors Offer. Any variations may necessitate a price and/or schedule adjustment. 4. CREDIT APPROVAL AND PAYMENT Customer may select a payment program ("Service Fee') (subject to credit approval of Customer by Contractor) as specified on the face of the Order only upon the commencement of the Order. The Contractor will issue invoices to the Customer in advance. Credit terms and performance of work are at all times subject to the approval of Contractors Credit Department. If Customer fails to fulfill the terms of payment of any prior invoice submitted by Contractor, or if, in the opinion of Contractor, Customer's financial condition becomes impaired or unsatisfactory, Contractor reserves the right to change, without notice, the terms of payment and/or delay or discontinue further performance of Services, without prejudice to any other available legal remedies, until past due obligations have been paid and Contractor has received acceptable assurance regarding Customers prompt payment of future obligations. All amounts due to Contractor but not paid by Customer on the due date bear interest payable by Customer to Contractor in U.S. Dollars at a rate that is equal to the lesser of (i) one and one-half percent (1.5%) per month, or (ii) the maximum interest rate permitted under applicable law. Interest accrues on the balance of unpaid amounts as of the date on which portions of those amounts become due until the date payment is received by Contractor. Customer will also be liable to Contractor for any expenses incidental to collection of past due amounts, including reasonable attorney's fees and court costs. In the event of Customer's bankruptcy or insolvency, Contractor is entitled to terminate any Order then outstanding and to receive reimbursement for termination costs and expenses pursuant to Article 12, Termination for Default. 5. SCOPE OF SERVICES; SHIPPING, AND FREIGHT The Contractor agrees to perform all necessary repair Services and standard preventative maintenance of the equipment specified on the face of the Order. The Contractor will perform the Services (a) in a professional and workmanlike manner, (b) in accordance with applicable professional and industry standards, and (c) in compliance with all applicable laws. The provision of parts, on -site Service, freight, and travel expenses are included only if specified on the face of the Order. Parts supplied under the Order will be new or reconditioned and will meet the Contractor's specifications for the equipment. Parts that are replaced by the Contractor become the property of the Contractor. The determination as to whether to repair or replace equipment or related parts will be at the sole discretion of the Contractor. Unless otherwise stated, freight expenses will be shared equally between the Contractor and the Customer. The Contractor will be responsible for freight costs incurred for premium shipments. The Customer will be responsible for packing and shipping any defective parts back to the Contractor, freight prepaid, within fourteen (14) days of discovery of the defect. Replacements for any parts not returned within such fourteen (14) day period will be invoiced at the part's full list price. Analytical assistance, methods development, and operator training are not included under the Order. Consumable supplies and accessories are not included under the Order, but may be purchased separately. A listing of consumable parts are described on the face of the Order. All domestic shipments by Contractor will be made F.O.B. Contractor's place of shipment, as defined in the Uniform Commercial Code. All international shipments will be Contractor are Ex -Works, as defined by INCOTERMS 2000. Risk of loss for Goods will transfer to Customer upon Contractor presenting Goods to carrier. If Contractor prepays shipping, insurance, or other related costs, Customer agrees to reimburse Contractor promptly for the actual costs incurred by Contractor. 6. SERVICE EXCLUSIONS Specifically excluded from coverage under the Order is any damage beyond control of the Contractor and any Services or parts required as a result of: a) Accident, fire, earthquake, explosion, or flood; b) Neglect or misuse; c) Storage or operation in an adverse climate or dirty environment; d) Unauthorized moving of the equipment; e) Failure of electrical power to remain within the specified limits; f) Repairs or modifications performed by personnel not authorized by Contractor, g) Use other than that for which the equipment is intended pursuant to Contractor's specifications. 1. SERVICE HOURS All Services provided under the Order will be performed at mutually agreeable times during normal working hours (8:30 a.m. to 5:00 p.m., Monday through Friday, excluding Contractor holidays) unless otherwise specified in the Order. Service provided beyond the scope of the Order will be invoiced to the Customer at the Contractor's prevailing field service rates, inclusive of applicable travel and living expenses, travel time, and Service labor. No Service will be provided beyond the scope of the Order without the prior agreement of both Parties. During the term of the Order, the Customer will provide the Contractor, or its designated representative's, access to the site where the equipment is located. Should Customer require Service, please contact Contractors Customer Service Center located in Hudson, New Hampshire at (800) 533-6267. Please provide the Install Number listed on the face of the Order to help expedite the Service response. 8. SITE APPROVAL The Contractor's service representative may from time to time inspect the site where the equipment to be serviced is located. Should the site fail to satisfy the requirements of the original installation requirements, including, but not limited to, environmental and electrical specifications, the Contractor's obligations under the Order will be suspended until the Customer satisfies the site requirements. Notwithstanding such suspension, the Customer will be obligated to continue paying the Service Fee provided hereunder. In the event the Customer moves the equipment, or any part thereof, from the original site, the Contractor reserves the right, in addition to all other rights it has with respect to site approval, to adjust the Service Fee effective immediately to reflect any increased Service and/or travel costs and to impose a reinstallation charge for any additional site survey costs or related costs incurred by the Contractor. Page 1 of 2 Revision April 7, 2009