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Home My WebLink About438321 THERMO FISHER SCIENTIFIC LLC - CONTRACT - AGREEMENT MISC - THERMO FISHER SCIENTIFIC LLCPo 'Nlo'lot Req. # —if0 Entered by: Date: Purchase Order Requisition Fort Collins Utilities Vendor: Thermo Fisher Scientific Address: 308 Ridgefield Ct Asheville, NC 28806 Attn: Sheila Patel at (800)438-4851 Ext: 2 FAX: 877-867-8945 Qty Description Unit Total Charge Number 1 Continue Lab Washer Service Agreement per Contract #11302 Lab Washer 26" STM/E; SN504514-15 for the period 31March2011 to 30March2012 Per Quote 31Dec2010 $2,759.00 $2,759.00 502-252-533140 Comments: Continue service agreement on Water Quality Lab GIassware Washer Re sted b Date: q y Aut onzed by Date December 31 2010 CONTRACT AGREEMENT SALES REP Thermo Fisher Scientific Asheville LLC LaboratgoryP Elquipment Division 308AshRi11e,1NC Court 28806 USA Contact: Patel, Sheila Phone: 800-438-4851 x2 Fax: 877-867-8945 Contracts.LED.Asheville@thermofisher.com CUSTOMER CONTACT FOR AGREEMENT Contact: KEITH ELMUND Phone: 9702216691 Fax: 9704162150 Email: kelmund@fcgov.com Ap-�-t ThermoFMer S C I E N T I F I C 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. 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. It is the company's policy not to accept credit card numbers via email or Tax. A) FOR NIH SERVICE AGREEMENTS ONLY: - Please sign the enclosed Service Agreement and return with a new record of call number for a one year period under the Blanket Purchase Agreement. Thermo Fisher Scientific LLC EIN number is 36-4087754 and DUNS number is 17-075-5479. B) FOR NIH OPEN MARKET use contract number HHSN263999900321B 3) YOU CAN FAX,EMAIL OR MAIL THE ABOVE REQUIRED INFORMATION TO: - Fax number: 877-867-8945 - 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. INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote SMPOOO153o Customer Contact THANK YOU FOR CHOOSING THERMO FISHER SCIENTIFIC Contract Sales Rep Contact:KEITH ELMUND Phone: 9702216691 Thermo Fisher Scientific Fax: 9704162150 Asheville LLC Email: kelmund@fcgov.com Laboratory Eguirr►t Division - PLEASE LET US KNOW IF CTIONS ARE NEEDED - 308 Rid�efie d Court Ash v1lle. NC USA Contact:Patel, Sheila Phone:.800-438-4851 x2 Fax: 877-867-8945 Email: Contracts. LED. Ashevi 11 e@thermofi she Work Site 621114104 FORT COLLINS CO. WATER QUALITY LABORATORY, 4316 LAPORTE AVENUE SUSAN SUE REED 970-221-6863 UTILITIES DEPT. FORT COLLINS, CO. 80521. USA sreed@fcgov.com Installation YsPackage Contract StatAgrEPackage edOptions Contract $ Model Your Serial$ ate(r)rEnd Price Total Uz LM.W%5HR 26"STM/E 504514-15 03-14-06 5 TC 03-31-11 03-30-12 2759.00 0.00 0.00 2.759.00 Quantity Options Unit Price Total Price 1 Included PM 601.06 0.00 Total Price (before applicable taxes): 2.759.00 Thermo Fisher S C I E N T I F I C INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote SMP0001530 CONTRACT PACKAGE DETAILS 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 before it is returned 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 TC - TOTAL CARE The Total Care Plan is our most comprehensive support plan for lab equipment. It minimizes downtime through responsive onsite service through annual preventive 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 features include: * Priority onsite repair * Annual onsite preventive maintenance * All labor. parts and travel time covered 100% * Priority depot repair * Unlimited priority phone and e-mail support Thermo Fisher S C I E N T I F I C 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 your 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) WR - WARRANTY PLUS ***PLAN ONLY AVAILABLE AT TIME OF INITIAL EQUIPMENT ORDER*** ***NOT AVAILABLE FOR GSA*** Extend your manufacturer warranty with the Warranty Plus Plan. With this plant you get tfan additional 12 months warranty and on -site preventive initial ui nt equipment. Plans must be purchased at time of eq pme order. Key features include: * Priority onsite repair * Annual onsite preventive maintenance * All labor. parts and travel time covered 100% * Priority depot repair * Unlimited priority phone and e-mail support INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote SMP0001530 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 Fisher") 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 Fisher. Thermo Fisher objects to any additional or different terms contained in Customer's response or other documentation. 1. Service: (a) Thermo Fisher will service 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 Fisher ('Service"). (b) Therm Fisher agrees to provide Service within the 48 contiguous United States and the District of Columbia. Monday through Friday (excluding Thermo Fisher 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.) Therm Fisher will bill Customer at the Thermo Fisher 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 Therm Fisher demonstrates by an appropriate test procedure that the instrument is operating in accordance with its performance specifications. Thermo Fisher shall provide to the Customer a copy of the Field Service Report detailing the work performed by a Therm Fisher Field Service Representative. (d) If Services are provided during the applicable warranty period. Thermo Fisher 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 the Thermo Fisher 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. If Buyer fails to pay any amounts when due. Buyer shall pay Seller interest thereon at a periodic rate of one and one-half percent (1.5%) per month (or. if lower, the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder. (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 Fisher. 3. Replacement Parts: There shall be an additional charge to Customer for parts provided by Thermo Fisher for Service. No such charge is it osed for in -warranty Service, except for supply of consumables, customer maintenance items, printer paper, pens, specialized lamps and fuses. Thermo Fisher provides a three (3) month warranty with replacement parts. 4. Equipment Modification: Thermo Fisher reserves the right to make any changes in the design or construction of Thermo Fisher instruments without incurring any obligation to make any changes whatsoever In the instruments described in this agreement. Customer agrees to allow Therm Fisher at the expense of Thermo Fisher to make retrofits or design changes which improve instrument reliability but do not change instrument performance characteristics. 5. Warranty: Subject to the conditions set forth in this Agreement, Thermo Fisher warrants that Service rendered by Thera Fisher to the Customer hereunder shall be performed by Thermo The sole her obligattiiaonlofeThhermorFisherhundertthis Aggreementt istoprovide Service ervicecasrdescribed in Its published Service. specifications MAKES NO WAR ANTIEatEXPfRSSrOR IMPLIED, AND DISCLAIMS ALL WARRANTIES INCLUDING. BUT NOT LIMITED TO. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY REPLACEMENTS BY THERMO FISHER DO NOT EXTEND THE ORIGINAL WARRANTY PERIOD. 6. Indemnification 8 Limitation of Liability: Therm Fisher agrees to indemnify, defend and save Customer. its officers, directors. employees, agents and representatives harmless from all losses, expenses. demands and claims made against Customer, its officers, directors, yemployees, agents and representatives because of any personal Injsuriies. death or property damage to the extent SHALL EITHER PARby TYBELIABLEcFORrINDIRECT.mSPECIAL, PUNITIVEE, CONSEQUENTIALeORnICNCIDENTTALSDAAMAGESe(INCLUDING BBUTnNOOTtLIMITEDeTO �LOSTQof PROOFIITTS ANNDDsBUSINESSIN NO ��T INTERRUPTION). REGARDLESS OF WHETHER EITHER PARTY: (A) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. OR (B) IS NEGLIGENT. IN NO EVENT WILL THE TOTAL LIABILITY TO THERMO FISHER EXCEED THE TOTAL CHARGE PAID BY CUSTOMER FOR THE SERVICE. ThermoFMer S C I E N T I F I C INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote SMP0001530 7. Insurance: Thermo Fisher maintains insurance ppoolicies which have the followinggggmininn limits and coverage: (a) Comprehensive general liability insurance for a limit of $1.000.000 (one andl(c))Cfcmpreheensich ivveuAutoommoobie Liiab0ility for limit of $1,000,0DO. Copies(of certificates of insurance evidenciing theospecified coverage insurance eliupon request00,000: 8. Customer Responsibilities: (a) Customer shall provide Thermo Fisher personnel reasonable access to the equipment whenever service is required. Customer shall cooperate with Thermo Fisher personnel so that service can be performed efficiently and without interruption. (b) Thermo Fisher shall be allowed use of Customer equipment which Thermo Fisher personnel deem necessary for performance of service. (c) Customer shall be responsible for the procurement, installation, and maintenance of all non -Thermo Fisher communication media. etc. 9. General: (a) Thermo Fisher 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 Fisher 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 Fisher. (d) This document constitutes the complete and exclusive agreement between Thermo Fisher 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 Fisher unless made in writing and signed by a duly authorized representative of Thermo Fisher. (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 related to this Agreement in the United States District Courts located in Suffolk County. Massachusetts. (f) Arty 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. (g) If the Service of a Thermo Fisher employee is postponed or suspended by Customer, or is delayed or does not proceed with reasonable dispatch, due to no fault of Thermo Fisher. Thermo Fisher 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 Fisher because of this will be an additional charge to the Customer. (h) In the event of any legal proceeding between Thermo Fisher and Customer relating to this Agreement, neither party may claim the right to a trial by r wive jury, and both partieive any right they may have under applicable law or otherwise to a right to a trial by jury. Any action arising under this greement must be brought within two (2) years from the date that the cause of action arose. (i) Thermo Fisher 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 approval of the time spent and material expense incurred on this work. If Customer does not sign such report and also does not provide written objection o it within five (5) business days after Thermo Fisher provides Customer with the report, then the report shall be deemed as approved. ev 11/19/09 i r r gna ure a e I? urcP—base Order Number or er (please attach document) Thermo Fisher Scientific n ra p� a s Date PLEASE FAX THIS PAGE TO 877-867-8945 or. SCAN AND EMAIL TO (contracts.LED.asheville@thermofisher.com) �« ThermoFisher S C I E N T I F I C