HomeMy WebLinkAboutThermo Fisher Scientific - Instrument Service AgreementINSTRUMENT SERVICE AGREEMENT QUOTE
Contract Quote ISR0073425
Customer Contact
THANK YOU FOR CHOOSING THERMO FISHER SCIENTIFIC
Contract Sales Rep
Contact:JENNIFER CLEARY
Thermo Fisher Scientific
Phone: 509-575-6133
CONFIDENTIAL
Asheville LLC
Fax:
Bldg 2B, Suite 400
Email: Jennifer.Cleary@yakimawa.gov
**************
28 Schenck Parkway
-PLEASE NOTE THAT THE PRICING SET FORTH IN THIS QUOTATION
Asheville, NC
IS PROPRIETARY TO THERMO FISHER SCIENTIFIC AND AS SUCH IS
28803 USA
CONFIDENTIAL AND SHOULD NOT BE DISCLOSED TO ANY OTHER VENDOR-
Contact:Crane, Eric
*4************
Phone: 312-599-1835
Fax: 877-867-8945
Email: eric.crane@thermofisher.com
Work Site 590796.L01 CITY OF YAKIMA WA, WASTEWATER TREATMENT PLANT, 2220 E VIOLA AVENUE
YAKIMA, WA, 98901, USA
JENNIFER CLEARY
Jennifer.Cleary@yakimawa.gov
Installation Age Package Contract Agreement Package Pro- Options
Contract # Model Your Serial# Date (Yrs) Type Start End Price Rated(%) Price
509-575-6133
Total
1000013162 GENPURE UV 41383518 11-05-12 5 WTR-TC 05-04-18 05-03-19 2602.00 0.00 0.00 2,602.00
Quantity
Options Unit Price Total Price
1 Included PM 0.00 0.00
1000017869 PACIFIC TII 20
41383555 03-01-13 5 WTR-TC 05-04-18 05-03-19 2602.00 7.40 0.00 2,409.45
Quantity Options Unit Price Total Price
1 Included PM 0.00 0.00
Total Price (before applicable taxes): 5,011.45
CONTRACT AGREEMENT SALES REP
Thermo Fisher Scientific
Asheville LLC
Bldg 2B, Suite 400
28 Schenck Parkway
Asheville, NC
28803
Contact:
Phone:
Fax:
Crane, Eric
312-599-1835
877-867-8945
eric.crane@thermofisher.com
USA
CUSTOMER CONTACT FOR AGREEMENT
Contact: JENNIFER CLEARY
Phone: 509-575-6133
Fax:
Email:
Jennifer.Cleary@yakimawa.gov
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 guality,testin and appreciate the opportunity to assist
you by providing :irst 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 pament; Please attach a co yy of
the purchase order or a copy of the check stub listing the
chec number.
If your organization does not use Durchase orders we will need
in writing on company letteriead indicating this. We will
also need the billing address for your organization and
some:hin 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 sicn the enclosed Service Agreement and return with a
new recorc 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 HHSN263201500073B
3) YOU CAN FAX EMAIL OR MAIL THE ABOVE REQUIRED INFORMATION TO:
- Fax number: 877-867-8945
- Email: Contracts.LED.Asheville@Thermofisher.com
- Mail: Thermo Fisher Scientific (Asheville) LLC
Attention Service Contract Administrator
BLDG 2B 28 SCHENCK PARKWAY, STE 400
Asheville, NC 28803
When you receive your invoice send yourayment to:
Thermo Fisher Scientific (Asheville) LLC
P.O. Box 842339, Dallas, Texas 75284-2339.
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 ISR0073425
DTC = DEPOT TOTAL CARE
The Total Care Plan is our most comprehensive support plan for lab
equipment. It minimizes downtime through responsive depot service
through annual preventive maintenance by factory -certified service
engineers. The Total Care Plan assures optimal performance of your
quipment at a fixed annual cost that makes it easy to budget for
equipment support expenses.
Key features include:
* Priority depot repair
* Annual depot preventive maintenance
* A11 labor and parts covered 1001
* Priority depot repair
* Unlimited priority phone and e-mail support
Base Coverage Exclusions: Consumable items such as light bulbs, gaskets,
0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA,
filters, chart recorder pen's, paper. Non factory installed accessories, bui-in
parts and engineering specials. Complete system replacement is not covered
under contract.
DWR = DEPOT WARRANTY PLUS
**PIAN ONLY AVAILABLE AT TIME OF INITIAL EQUIPMENT ORDER***
Extend your manufacturer warranty with the Warranty Plus Plan. With this
plan you get an additional 12 months warranty and depot preventive
maintenance for your lab equipment. Plans must be purchased at time of
initial equipment order.
Key features include:
* Priority depot repair
* Annual depot preventive maintenance
* A11 labor and parts covered 100%
* Unlimited priority phone and e-mail support
Base Coverage Exclusions: Consumbale items such as light bulbs, gaskets,
0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA,
filters, chart recorder pen's, paper. Non factory installed accessories,
buy-inparts and engineering specials. Complete system replacement is not covered
nder contract.
INSTRUMENT SERVICE AGREEMENT QUOTE
Contract Quote ISR0073425
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
Base Coverage Exclusions: Consumable items such as light bulbs, gaskets,
0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA,
filters, chart recorder pen's, paper. Non factory installed accessories, buy -in
parts and engineering specials. Complete system replacement is not covered
under contract.
TC = TOTAL CARE
SC = SCHEDULE CARE
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
tandards. 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)
Base Coverage Exclusions: Consumable items such as light bulbs, gaskets,
0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA,
filters, chart recorder pen's, paper. Non factory installed accessories, buy -in
parts and engineering specials. Complete system replacement is not covered under
contract.
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
Base Coverage Exclusions: Consumable items such as light bulbs, gaskets,
0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA,
filters, chart recorder pen's, paper. Non factory installed accessories, buy -in
parts and engineering specials. Complete system replacement is not covered
under contract.
WR = WARRANTY PLUS
**PLAN ONLY AVAILABLE AT TIME OF INITIAL EQUIPMENT ORDER***
Extend your manufacturer warranty with the Warranty Plus Plan. With this
plan you get an additional 12 months warranty and on-site preventive
maintenance for your lab equipment. Plans must be purchased at time of
initial equipment 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
Base Coverage Exclusions: Consumable items such as light bulbs, gaskets,
0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA,
filters, cart recorder pen's, paper. Non factory installed accessories, buy -in
parts and engineering specials. Complete system replacement is not covered
under contract.
Thermo Fisher
SCIENTIFIC
TERMS AND CONDITIONS OF SERVICE
The world leader
in serving science
Thermo Fisher Scientific (Asheville) LLC located at 275 Aiken Rd, Asheville, NC 28804 (hereinafter defined
as "Thermo Fisher") agrees to perform and The City of Yakima located at 129 North 2"d Street, Yakima, WA
98901 (hereinafter defined as "Customer") agrees to pay for the servicing of equipment subject to the
following terms and conditions. This order shall be deemed accepted upon the signature of customer's
acceptance of the Thermo Fisher copy 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.
The term of this agreement will be for a period of twelve (12) months from the execution date of the
agreement, unless terminated earlier by either party by providing thirty (30) days prior written notice.
Termination or expiration of this agreement shall not relieve Customer of any obligations incurred prior to the
effective date of termination. The term of this agreement shall automatically be extended for additional one-
year periods unless either party gives written notice of termination to the other party at least thirty (30) days
prior to the expiration of the current term.
1. Service Thermo Fisher will repair those instruments identified which are not operating and restore them
to 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"). For service calls requested outside of Normal Hours
or weekends or nationally observed holidays, Thermo Fisher will bill Customer at Thermo Fisher's after hours
service rate.
During the applicable warranty period, Thermo Fisher will, subject to service terms and conditions and with
reasonable promptness (within three (3) days or best effort from when call for service is placed), at its cost repair
those instrument malfunctions which occur notwithstanding that the instrument is being operated in accordance
with Thermo Fisher's instruction manual for such instrument, provided:
(a) No repairs or modifications have been made by anyone other than an authorized Thermo Fisher Service
Representative.
(b) The instrument was installed within ninety (90) days of shipment from the manufacture's or dealer's
location, whichever applicable, and was installed by an authorized Thermo Fisher Service Representative
when required by Thermo Fisher.
(c) Any replacements by Thermo Fisher do not extend the original warranty period.
(d) A service call shall be considered complete when Thermo 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 Thermo Fisher's Field
Service Representative. Thermo Fisher reserves the right to make any changes in the design or construction of
this instrument at any time, without any obligation.
(e) Thermo Fisher warrants that instrument service rendered by Thermo Fisher to the customer hereunder shall be
performed by Thermo Fisher in a workmanlike manner resulting in satisfactory instrument performance.
2. Payment
(a) Customer agrees to make payment of the total charge as a single payment within thirty days of the
invoice. All payment is net 30 (thirty) days.
(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 no charge to customer for parts provided by Thermo Fisher for warranty service repair other
than supplies of consumables, customer maintenance items, printer paper, pens, specialized lamps and
fuses. Thermo Fisher provides a three (3) month warranty with replacement parts.
4. Key Operator
Customer shall designate a key operator who shall be made available to Thermo Fisher to describe
instrument malfunctions to Thermo Fisher Representatives by telephone and who shall be qualified to
perform simple adjustments and corrections as requested by Thermo Fisher's representatives. Failure to
designate a key operator or to perform customer maintenance as specified in the instrument instruction
manual, may result at Thermo Fisher's option in a service call invoiced by Thermo Fisher at its standard rates
for service, travel or move, labor and parts.
5. 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 instruments described in
this agreement. User 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.
Thermo Fisher Scientific (Asheville) LLC: City of Yakima (Rev 5, 05-24-18)
Updated 11/13/13 1 imanage 120587v1
6. Limitations
(a) Exceptional Causes of Equipment Malfunction. Repair of equipment malfunction for the following
abnormal conditions is not covered by this Agreement and will be performed by Thermo Fisher at its current
service rate for 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, 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 current service rate.
(b) Media maintenance or replacement (i.e., floppy disks, plotter supplies, etc.) is not covered by this
Agreement, whatever the reason for loss, failure or damage.
(c) The servicing of non -Thermo Fisher material or equipment is not covered by this Agreement. This
includes non -Thermo Fisher material or equipment 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.
7. Warranty
Subject to the conditions set forth in this Agreement, Thermo Fisher warrants that Service rendered by Thermo Fisher
to the Customer hereunder shall be performed by Thermo Fisher 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 Fisher's sole obligation under this Agreement is to provide Service as described in Section 1, Service.
THERMO FISHER MAKES NO OTHER 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 FISHER DO NOT EXTEND THE
ORIGINAL WARRANTY PERIOD.
8. Indemnification and Limitation of Liability
Thermo Fisher agrees to indemnify, defend and save Customer, its elected officials, officers, directors,
employees, agents and representatives harmless from all losses, expenses, demands and claims made
against Customer, its elected officials, 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 by Thermo Fisher, its employees, agents or representatives in connection with its performance of
services.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL 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 FISHER'S TOTAL LIABILITY EXCEED TWO
HUNDRED THOUSAND DOLLARS ($200,000); PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION
DOES NOT APPLY TO LIABILTY FOR BODILY INJURY OR DEATH. .
9. 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,
(b) Statutory workers' compensation and employer's liability insurance. Copies of certificates of insurance
evidencing the specified coverage are available upon request.
10. 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 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.
Thermo Fisher Scientific (Asheville) LLC: City of Yakima (Rev 5, 05-24-18)
Updated 11/13/13 2
imanage 120587v1
11. 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) 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 laws of the State of Washington. Customer consents to venue
and jurisdiction over any action related to this Agreement in a court of competent jurisdiction in Yakima
County, Washington.
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 to the extent of such contravention of law, be deemed separable and shall not
affect any other provision or the validity of this Agreement.
CUSTOMER: The City of Yakima
SELLER: Thermo Fisher Scientific (Asheville) LLC
Signature: .-0 �%
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Print Name: CA I if Thar -6)
Print Name: / : Yla /I r n .e S
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CITY CONTRACT NO:
RESOLUTION NO:
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Thermo Fisher Scientific (Asheville) LLC: City of Yakima (Rev 5, 05-24-18)
Updated 11/13/13 3
imanage 120587v1