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immixTechnalagy,lnc. <br />a sutasidiary of ~SmixGtrwfr <br />(1) In order to determine that the Equipment is in good <br />operating condition, the Equipment shall be subject to inspection <br />by the Contractor through the Manufacturer or its authorized <br />service provider without charge to the Ordering Activity. <br />(2) Costs of any repairs performed for the purpose of <br />placing the Equipment in good operating condition shall be borne <br />by the Contractor, provided the Equipment was under the <br />Contractor's guarantee/warranty or maintenance responsibility <br />prior to the effective date of the maintenance order. <br />(3) If the Equipment was not under the Contractor's <br />responsibility, the costs necessary to place the Equipment in <br />proper operating condition shall be borne by the Ordering Activity, <br />in accordance with the provisions of Special Item Number 132-12 <br />(or outside the scope of this contract). <br />(4) Contractor shall have no obligation to provide <br />Maintenance Services for Equipment that has been modified by <br />Ordering Activity, is in disrepair or subject to any other exclusions <br />as set out in Manufacturer's Maintenance Services Policy. <br />7. RESPONSIBILITIES OF THE ORDERING ACTIVITY <br />a. Ordering Activity personnel shall not perform <br />maintenance or attempt repairs to Equipment while such <br />Equipment is under the purview of a maintenance order, unless <br />agreed to by the Contractor. The Ordering Activity will follow <br />Contractor's designated procedures when returning Equipment to <br />Contractor's, Manufacturers or its authorized service provider's <br />facility for repairs. <br />b. Subject to security regulations, the Ordering Activity <br />shall permit access to the Equipment, which is to be maintained <br />or repaired by Contractor, Manufacturer or its authorized service <br />provider . <br />c. If the Ordering Activity desires a factory <br />authorized/certified service personnel then this should be clearly <br />stated in the task or delivery order. <br />8. RESPONSIBILITIES OF THE CONTRACTOR <br />a. For Equipment not covered by a maintenance contract or <br />warranty, the Contractor, through the Manufacturer's or its <br />authorized service provider's repair service personnel shall <br />complete repairs as soon as reasonably possible after notification <br />by the Ordering Activity that service is required. <br />c. AFTER HOURS. Should the Ordering Activity require <br />that maintenance be performed outside of Regular Hours, <br />charges for such maintenance, if any, will be specified in the <br />pricelist or in the applicable Manufacturer's Maintenance Services <br />Policy. Periods of less than one hour will be prorated to the <br />nearest quarter hour. <br />d. TRAVEL AND TRANSPORTATION. If any charge is to <br />apply, over and above the regular maintenance rates, because of <br />the distance between the Ordering Activity location and the <br />Contractor's service area, the charge will be negotiated at the <br />Task Order level. <br />e. QUANTITY DISCOUNTS. Quantity discounts from <br />listed Maintenance Services rates for multiple Equipment owned <br />and/or leased by a Ordering Activity are not provided under this <br />schedule contract unless otherwise specified by a Manufacturer <br />in the pricelist. <br />10. REPAIR SERVICE RATE PROVISIONS <br />Repair service rate fees and provisions for Equipment not under <br />monthly Maintenance Services are not available under the scope <br />of this schedule contract. <br />11. REPAIR PARTS/SPARE PARTS RATE PROVISIONS <br />Repair parts/spare parts rate provisions after the expiration of the <br />guarantee/warranty provisions are not available under the scope <br />of this schedule contract. <br />12. GUARANTEENVARRANTY-REPAIR SERVICE AND <br />REPAIR PARTS/SPARE PARTS <br />Guarantee/warranty-repair parts/spare parts after the expiration < <br />the guarantee/warranty provisions are not available under the <br />scope of this schedule contract. <br />13. INVOICES AND PAYMENTS <br />Invoices for Maintenance Services shall be submitted <br />by the Contractor on a quarterly or monthly basis, after the <br />completion of such period. Maintenance charges must be paid in <br />arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF <br />APPLICABLE, SHALL BE SHOWN ON THE INVOICE. <br />Payment for Maintenance Services of less than one <br />month's duration shall be prorated at 1/30th of the monthly rate <br />for each calendar day. <br />b. If the Ordering Activity task or delivery order specifies <br />factory authorized/certified service personnel then the Contractor <br />is obligated to provide such factory authorized/certified service <br />personnel for the Equipment to be repaired or serviced, unless <br />otherwise agreed to in advance between the Ordering Activity and <br />the Contractor. <br />9. MAINTENANCE RATE PROVISIONS <br />a. For Equipment under monthly Maintenance Services, <br />the Contractor shall bear all costs of maintenance, including <br />labor, parts, and such other expenses as are necessary to keep <br />the Equipment in good operating condition, provided that the <br />required repairs are not occasioned by fault or negligence of the <br />Ordering Activity. <br />b. REGULAR HOURS. The basic monthly rate for each <br />make and model of Equipment shall entitle the Ordering Activity <br />to the Maintenance Services as set forth in the applicable <br />Manufacturer's Maintenance Services Policy. <br />GS-35F-0265X www immixtechnology.com Page 10 <br />