Orange County NC Website
Browse       Search
Fml,kT*N <br /> Poweang Business Worldwide <br /> EATON CORPORATION <br /> SERVICE AGREEMENT-TERMS AND CONDITIONS (T-0) <br /> TERMS AND CONDITIONS: The terms and conditions set forth herein, and any supplements which may be <br /> attached hereto, constitute the full and final expression of the contract for the sale of UPS services by Eaton <br /> Corporation, and supersedes all prior quotations, purchase orders, correspondence or communications whether <br /> written or oral between Eaton Corporation and the customer. Notwithstanding any contrary language in the <br /> customer's purchase order, correspondence or other form of acknowledgment, customer shall be bound by these <br /> terms and conditions when it sends a purchase order or otherwise indicates acceptance of this contract, or when it <br /> accepts delivery from Eaton Corporation of the products or services. THE CONTRACT FOR SALE OF SERVICES <br /> IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS STATED HEREIN. ANY ADDITIONAL OR <br /> DIFFERENT TERMS PROPOSED BY CUSTOMER ARE REJECTED UNLESS EXPRESSLY AGREED TO IN <br /> WRITING BY CONTRACTOR. No contract shall exist except as herein provided. <br /> 1. DEFINITIONS: As used in this Service Agreement,the terms listed below shall have the following meanings: <br /> "Agreement'shall mean Eaton Corporation's Service Agreement Terms and Conditions, the Service Quote and the <br /> applicable Scope(s)of Work." <br /> "Battery"shall mean the electric storage portion of a UPS. <br /> "Contractor"shall mean Eaton Corporation. <br /> "Covered Equipment"shall mean the equipment as listed on the Service Quote. <br /> "CPM"shall mean the Contracted Period of Maintenance. <br /> "Customer"shall mean the purchaser of this Agreement. <br /> "Drop Ship Items" shall mean batteries, battery monitoring systems, battery containment, battery materials, racks <br /> and cabinets. <br /> "Emergency Service"shall mean all services provided on an as needed basis that is not scheduled in advance <br /> "PCS"shall mean Pre-Contract Survey. <br /> "On-Site"shall mean Service performed at Customer's physical location as listed on the Service Quote. <br /> "Power Module"shall mean the electronic portion of a UPS or other power quality device. <br /> "Scope of Work" shall mean the services, procedures, methods, exclusions and coverage as purchased by the <br /> Customer <br /> "Service" shall mean installation, maintenance (including Preventive Maintenance), repairs, inspection, adjusting, <br /> etc. of the UPS equipment provided by Contractor to Customer. <br /> "UPS"shall mean Uninterruptible Power Supply which is comprised of the Power Module and Batteries. <br /> 2. ELIGIBILITY: All Covered Equipment that has experienced a lapse in Service coverage with the Contractor(or <br /> factory warranty coverage) or has had no service history with Contractor within the previous ninety (90) days, is <br /> subject to a PCS inspection by Contractor prior to eligibility for any Service under this Agreement. Customer is <br /> subject to charges for a PCS inspection at Contractor's then current Time and Material Service Rate Schedule(refer <br /> to Exhibit 1-PCS and Attachment X-1). If a PCS inspection is required for eligibility, a list of the equipment requiring <br /> a PCS inspection will be provided to Customer and will be incorporated into this Agreement. <br /> 3. HOURS OF SERVICE: Contractor will provide scheduled and emergency services portal-to-portal 8:OOAM to <br /> 5:00 PM Monday-Friday (alternatively described as "5X8 Service") excluding all holidays observed by Contractor. <br /> The Customer may optionally purchase extended hours of scheduled and Emergency Service coverage(alternately <br /> described as "7x24 Service") which will include Emergency Service being provided on all holidays observed by <br /> Contractor. Notwithstanding anything herein or otherwise to the contrary, scheduled services are not available on <br /> Contractor's observed holidays. Contractor's observed holidays shall be the same as public holidays for Federal <br /> employees as established by U.S. Federal law(5 U.S.C.6103). <br /> 4. ON-SITE RESPONSE TIME: Following Customer's request for Service, Contractor will arrive at the location of <br /> the Covered Equipment the next business day or if optionally purchased by Customer, Contractor will arrive at the <br /> location of the Covered Equipment within eight(8), four(4)or two(2)CPM hours, provided the Covered Equipment <br /> is located within one hundred (100)miles of a Contractor service location. Response time does not include battery <br /> replacement service. <br /> Terms and Conditions(T-0) <br /> Rev.8/11 <br /> Page 1 of 4 <br />