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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9171234Dear JEFF CANNON, Thank you for purchasing your Thermo Scientific instrumentation. When you purchased your Thermo Scientific product, you gained a partner that is committed to your long term success. We understand the challenges you face today: increasing productivity and reducing costs, while achieving better results in less time. According to our records, the warranty coverage for your Thermo Scientific product is nearing expiration. We have attached a quotation to provide you Support Plan coverage that will help you gain the greatest value from your technology investment by maintaining top performance from your instruments, maximizing uptime and productivity, and eliminating the uncontrollable cost of unplanned maintenance and repairs. We ask that you please review the attached quotation. If you wish to accept this quotation, please sign the attached copy and return it, with your fax or hard copy Purchase Order to: Thermo Electron North America LLC, 5225 Verona Road, Madison, WI 53711 or fax to 877-867-8945. We have included a document that summarizes the information in our database relating to your instrument. Please review this summary for accuracy. To update your information we ask that you simply fax the changes to the number provided on the summary. This will help us provide quick and accurate delivery, whether you need parts, technical support or service. Thank you for your continued patronage. If you have any questions or concerns, please do not hesitate to contact us at 1-800-532-4752. Please use the document number shown at the top of this letter to reference this quotation or your instrument serial number listed in the quotation. Sincerely, CANDACE DESROCHES JEFF CANNON CITY OF FORT COLLINS WATER QUALITY LAB 4316 LAPORTE AVENUE FORT COLLINS CO 80521 Phone: 970-221-6863 Fax: 970-416-2150 Email: JCANNON@FCGOV.COM SUPPORT PLAN QUOTATION QUOTATION Number: 20771263 / Coverage Start Date: December 15, 2016 Coverage End Date: December 14, 2018 Quotation Expires: December 31, 2016 Thermo Electron North America LLC 1400 Northpoint Pkwy Ste 50 West Palm Beach, FL 33407-1976 Page 1 of 5 Customer agrees 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. ________________________________________________________________________________________ Material Description Serial Number Price ________________________________________________________________________________________ 069575 PROD,ICS-1600,LCD,HTR,DG 15110834 Coverage: UNTY EXT WAR IC LABOR/TRAVEL PRTS FOC 3,650.00 USD 068907 AS-DV Autosampler 15111500 Coverage: UNTY EXT WAR IC LABOR/TRAVEL PRTS FOC 1,444.00 USD UNITY EXTENDED WARRANTY SUPPORT PLAN IC The Extended Warranty for IC Plan Features: ~ Unlimited number of demand on-site service visits with a maximum 72-hour response ~ Engineer labor and travel is included ~ One Annual Preventative Maintenance is included. PM kits are provided by the customer ~ Priority status for technical support inquiries ~ Thermo Scientific supplied personal computers are covered ~ Software updates and notifications ~ Subscription to e-Support Online Technical Resources ~ Parts are included and are FOC from the Factory ~ Software updates and notifications. Updates are defined as Software revisions that provide minor changes that are needed to correct or improve the previous version of the software. Software updates are normally indicated by a software revision number change e.g. version 1.1 to version 1.2. ~ Computers purchased from Thermo and are required for the operation of the system is covered under a Support Plan. Replacement of Computers that required an Upgrade to new operating systems are not included in a Support Plan. Base Coverage Exclusions: ~ Computers not provided and installed with the system by Thermo Fisher. Hardware and Operating System upgrades, replacing a HD with larger capacity. ~ Software version upgrades are not provided under a Support Plan. Upgrades are normally indicated by a software version number change e.g. version 1.2 to version 2.0 ~ Consumable items and parts such as bottles, calibration materials, solvents, vials, caps, septa, all Columns, data media, ferrules, ETD filaments (excluding the one included in the PM visit), filters, frits, gases, gaskets, injection port liners, integrator paper, ion exchange resin, lamps, photomultipliers, pump oil, reaction tubes, source ceramics, mobile phases, autosampler rotor valve seal, sample ports, syringes, and sample loops, DEP emitters, electron multipliers, glass jet separators, heated capillaries, ion gauges, ion volumes. ~ PM Kits ~ Operator training ~ Sample concentrator plumbing ~ Work related to radioactive sources. ~ Components that cannot be repaired or replaced due to lack of availability from Thermo Scientific supplier (obsolescence). ~ Complete system replacement is not covered under contract. ________________________________________________________________________________________ Support Plan Sub-Total 5,094.00 USD Support Plan Total 5,094.00 USD ________________________________________________________________________________________ JEFF CANNON CITY OF FORT COLLINS WATER QUALITY LAB 4316 LAPORTE AVENUE FORT COLLINS CO 80521 Phone: 970-221-6863 Fax: 970-416-2150 Email: JCANNON@FCGOV.COM SUPPORT PLAN QUOTATION QUOTATION Number: 20771263 / Coverage Start Date: December 15, 2016 Coverage End Date: December 14, 2018 Quotation Expires: December 31, 2016 Thermo Electron North America LLC 1400 Northpoint Pkwy Ste 50 Thermo Fisher Scientific looks forward to providing service on those instruments specified above subject to the terms and conditions stated on the attached document. As an authorized representative of the Buyer, your signature below creates an Agreement to buy the services listed above and your acceptance of the Terms and Conditions on the following pages as the sole and exclusive terms for your purchase. If you have questions, please call 800-532-4752 to contact your support plan specialist CANDACE DESROCHES. ACCEPTANCE OF SUPPORT PLAN CITY OF FORT COLLINS Thermo Electron North America, LLC ________________________________________ ________________________________________ Signature Date Signature Date ________________________________________ Support Plan Specialist PO Number JEFF CANNON CITY OF FORT COLLINS WATER QUALITY LAB 4316 LAPORTE AVENUE FORT COLLINS CO 80521 Phone: 970-221-6863 SUPPORT PLAN QUOTATION QUOTATION Number: 20771263 / Coverage Start Date: December 15, 2016 Coverage End Date: December 14, 2018 Quotation Expires: December 31, 2016 Thermo Electron North America LLC 1400 Northpoint Pkwy Ste 50 West Palm Beach, FL 33407-1976 Page 3 of 5 Support Plan Terms and Conditions Thermo Electron North America, LLC. (hereinafter defined as "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 issuance of a purchase order by Customer that references this offer or the commencement of Service by Thermo Fisher. This Service Agreement ("Agreement") is expressly conditioned upon the acceptance by Customer of the terms and conditions hereof and Thermo Fisher expressly objects to any additional or different terms contained in Customer's response. This offer expires at five o'clock PM Eastern Time (5:00 PM ET) on the quote expiration date of the cover page hereto. 1. Service: Thermo Fisher will maintain and/or repair ("Service(s)") those instruments identified on the cover sheet ("Equipment") to ensure they operate within the manufacturer's standard product specifications as determined by Thermo Fisher, 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") during the term of the Agreement. The Equipment must be operated according to the manufacturer's supplied Operator's Manual(s) and any malfunction must be reported promptly to Thermo Fisher. Service calls requested outside of Normal Hours and Service of any items not identified on the cover sheet hereof will be billed at Thermo Fisher's standard rates for service, travel or move, labor and parts in effect at the time of the request. Thermo Fisher may provide various levels of Service at the Customer site(s) and/or Depot repair locations, which shall be provided in accordance with the details on the cover sheet of this Agreement. 2. Term and Termination: (a) This Agreement shall begin and remain effective for the period of time stated on the cover page ("Term"). To renew this Agreement, Customer must sign a Renewal Service Agreement accompanied by a purchase order prior to the expiration of the current Term ("Renewal"). (b) Both parties have the right to cancel this Agreement without cause by providing written notice sixty (60) days in advance to the other party. Customer shall pay for all amounts due and payable prior to termination of the Agreement. Thermo Fisher will reimburse Customer on a pro rata basis up through the termination effective date for any payments made by Customer in advance. (c) Thermo Fisher reserves the right to withhold Service purchased under this Agreement, if Customer fails to make payments as due. Should nonpayment extend beyond thirty (30) days after receipt of written notice, Thermo Fisher may terminate this Agreement. Customer shall nevertheless pay for all amounts due and payable prior to suspension of Service or termination of the Agreement. 3. Pricing and Payment: (a) Customer agrees to make a single payment at the start of the Term of this Agreement in U.S. or Canadian currency equal to the total Service charge for the initial Term or, if applicable, payments in accordance with a mutually agreed payment schedule, as stated on the cover page hereof. All payments shall be net thirty (30) days of the date of the invoice. (b) Charges are exclusive of all state, local, use, excise and other taxes, which shall be paid by the Customer, unless the Customer furnishes a valid exemption certificate to Thermo Fisher. (c) The annual charge to renew this Agreement for a subsequent Term shall be Thermo Fisher's standard service agreement rate in effect at the start of each Renewal. Thermo Fisher 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. Pricing of Services is based on the assumption that the Equipment operates in accordance with product specifications at the start of the Term; therefore, prior to the start of each Renewal, Thermo Fisher reserves the right to verify the Equipment condition and invoice Customer at its standard rates for service, travel or move, labor and parts. 4. Parts and Consumables: The service level defines when and if the cost of parts is included under the Agreement. Notwithstanding the foregoing, the cost for parts that are consumed in the normal and usual operation of the Equipment including, but are not limited to, sample prep & analysis consumables, paper, ink cartridges, ribbons, pens, lamps and/or data media shall not be included under the Agreement. 5. Key Operator: Customer shall designate a key operator who shall be made available to describe instrument malfunctions to Thermo Fisher Representatives by telephone and who shall be qualified to perform simple adjustments and corrections to the Equipment as requested by Thermo Fisher representatives. Failure to designate a key operator or to perform or to have an authorized representative perform the routine maintenance specified in the Equipment instruction manual may result, at Thermo Fisher's option, in a Service call invoiced at its standard rates for service, travel or move, labor and parts. 6. Equipment Modification: Thermo Fisher reserves the right to make any changes in the design or construction of Thermo Fisher's instruments without incurring any obligation to make any changes whatsoever in the Equipment described in this Agreement. Customer agrees to allow Thermo Fisher at Thermo Fisher's expense to make retrofits or design changes which improve instrument reliability, but do not change instrument performance characteristics. Any Customer requests to modify or add non-Thermo Fisher approved devices or accessories to Equipment are outside the scope of this Agreement. 7. Warranty: Equipment Location Summary Material Serial no. Your Ref. Description 069575 15110834 PROD,ICS-1600,LCD,HTR,DG Our record location: Actual location, if different: CITY OF FORT COLLINS 4316 LAPORTE AVENUE FORT COLLINS COUS 80521 Your Service Contact: Material Serial no. Your Ref. Description 068907 15111500 AS-DV Autosampler Our record location: Actual location, if different: CITY OF FORT COLLINS 4316 LAPORTE AVENUE FORT COLLINS COUS 80521 Your Service Contact: Please indicate changes as necessary and fax to: 877-867-8945 Thermo Electron North America LLC 1400 Northpoint Pkwy Ste 50 West Palm Beach, FL 33407-1976 Page 5 of 5 Thermo Fisher's sole obligation under this Agreement is to provide Service as described in Section 1 hereof. THERMO FISHER 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 AND ANY OTHER OBLIGATIONS OR LIABILITIES WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE. 8. Limitations and Exclusions: (a) Repair of Equipment malfunction for the following abnormal conditions is not covered by this Agreement and if performed by Thermo Fisher will be invoiced to Customer at Thermo Fisher's standard rates for service, travel or move, labor and parts: i. Shipping damage incurred enroute to Customer's site or because of moving Equipment. Thermo Fisher will promptly provide a cost estimate for repairs to the consignee for filing claims to carriers for shipping damage. ii. Flood, lightning, earthquake, tornado, hurricane or fire, bombing, terrorism, armed conflict, malicious mischief, sabotage or other natural or manmade disasters. iii. Physical abuse, misuse, sprinkler damage, electrical surge or abnormal power variation. iv. Repairs, maintenance, or modifications made by anyone other than Thermo Fisher trained personnel or without Thermo Fisher's supervision and/or approval. v. Relocation and reinstallation of Equipment are not covered under this Agreement; although upon request Thermo Fisher, will supervise the removing, crating, relocation and reinstallation of Equipment at Thermo Fisher's standard rates for service, travel or move, labor and parts. (b) The maintenance or replacement of media (i.e., floppy disks, printer supplies, etc.) whatever the reason for loss, failure or damage is not covered by this Agreement. (c) The servicing of non-Thermo Fisher material or instruments is not covered by this Agreement, including non-Thermo Fisher material or instruments purchased for Engineering Specials. (d) Beta-site support is not covered by this Agreement. (e) Service calls made to train operators, not Equipment malfunction, are not covered by this Agreement. (f) Service calls made as a result of Customer-identified areas of responsibility, i.e. malfunctions related to site facilitization (power, water, temperature, humidity, vibration, dust, etc.) or site computer/data network problems or integrity. (g) THERMO FISHER 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 ANY PARTS, EQUIPMENT OR SERVICES SOLD HEREUNDER, regardless of whether Thermo Fisher (a) has been informed of the possibility of such damages or (b) is negligent. In no event will Thermo Fisher's liability exceed the total charge of this Service Agreement. 9. Indemnification: Subject to the limitations described above, Thermo Fisher agrees to indemnify and 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 representatives because of any personal injuries, death or property damage to the extent it is caused by the negligence or willful misconduct of Thermo Fisher, its employees, agents or representatives in connection with its performance of Services. 10. Insurance: Thermo Fisher 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 and (b) Statutory workers' compensation and employer's liability insurance. Copies of certificates of insurance evidencing the specified coverage are available upon request. 11. Customer Responsibilities: 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. Thermo Fisher shall be allowed use of Customer Equipment which Thermo Fisher personnel deem necessary to perform the Services. Customer shall be responsible for the procurement, installation, and maintenance of all non-Thermo Fisher communication 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 borne by Customer. 12. 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 by Customer as proprietary. (b) Thermo Fisher reserves the right to determine the assignment of its employees in the performance of this Agreement. (c) Neither party shall assign this Agreement without prior consent of both parties. (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 State of Thermo Fisher's location in the United States. Customer consents to venue and jurisdiction over any action related to this Agreement in the county and state of Thermo Fisher's location. (f) Any provision(s) of this Agreement that in any way contravene 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) 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. Thermo Electron North America LLC 1400 Northpoint Pkwy Ste 50 West Palm Beach, FL 33407-1976 Page 4 of 5 West Palm Beach, FL 33407-1976 Page 2 of 5