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2013-390 EMS - EATON Corporation for UPS Service Renewal Contract $6,092
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2013-390 EMS - EATON Corporation for UPS Service Renewal Contract $6,092
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9/6/2013 3:11:42 PM
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9/5/2013
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R 2013-390 EMS - EATON Corporation for UPS Service Renewal Contract $6,092
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Fa,T*N <br /> Powering BuonessWortdwlde <br /> 5. LABOR AND MATERIAL RATES: For any additional Service outside the Scope(s) of Work purchased for <br /> Covered Equipment under this Agreement, Customer shall be billed at Contractor's then current Time and Material <br /> Rate Schedule(refer to Attachment X-1). This excludes any flat-rate Service quoted by Contractor representative. <br /> BATTERY REPLACEMENT SERVICES: Prices stated herein do not include installation, freight, and handling <br /> charges unless these items are specifically listed and priced in the quotation. Prices stated herein are F.O.B. <br /> factory(unless otherwise stated)and title and risk of loss to each article sold by Contractor to Customer shall pass <br /> to Customer upon delivery at the F.O.B.point. <br /> Shipment estimates are after receipt of this Agreement at the factory. If drawings are required for approval before <br /> Contractor is authorized to proceed with manufacture, then shipment estimates are after receipt of written approval <br /> to proceed. If the Customer cannot accept delivery of equipment,he will arrange for storage.Contractor shall not be <br /> liable or responsible for any damages or loss for delay or default in delivery due to any cause beyond Contractor's <br /> reasonable control, nor shall Customer cancel or have the right to cancel its purchase order because of delays or <br /> default in delivery due to such causes. <br /> 6. ENGINEERING CHANGES: All engineering changes deemed necessary by Contractor will be installed during <br /> scheduled Service visits during the CPM. Any engineering changes deemed optional by Contractor will be offered <br /> to Customer on an as-available,per charge basis. <br /> 7. CUSTOMER'S RESPONSIBILITY: <br /> A. Communication and Scheduling -Customer shall contact Contractor's Customer Reliability Center(1-800-843- <br /> 9433)regarding all Service and Preventative Maintenance requests and all other matters arising out of or relating to <br /> this Agreement. With respect to Preventative Maintenance purchased by Customer, it shall be Customer's <br /> responsibility to contact Contractor to schedule the Preventative Maintenance. In the event that Customer fails to <br /> schedule and/or does not permit,for any reason, Preventative Maintenance to be completed within ninety(90)days <br /> of the scheduled service date,Contractor's obligation for that Preventative Maintenance shall be considered fulfilled. <br /> B. Movement- If Covered Equipment is moved to another location within the United States, Service coverage will <br /> continue only upon the following conditions: (i)Customer shall notify Contractor in writing at least thirty(30)days in <br /> advance of power-down of Covered Equipment; (ii) Contractor reserves the right to supervise the power-down, <br /> disconnection, rigging, packing, movement, unpacking, reinstallation and re-start of the Covered Equipment for <br /> which Customer will be charged according to Contractor's then current Time and Material Service Rate Schedule; <br /> and (iii) resumption of Service coverage under this Agreement is subject to acceptance by Contractor of Covered <br /> Equipment at the new location. <br /> C. Safety-Customer shall, at all times during the provision of Service hereunder,have a representative present at <br /> the Service site at no cost to,and solely for,the safety of Contractor. <br /> D. Access - Customer shall grant ready access to the Covered Equipment, subject to reasonable security <br /> requirements,so that Contractor may perform Service under this Agreement. <br /> 8. TERM AND TERMINATION: This Agreement and all that is stated herein shall automatically be renewed for <br /> successive twelve(12)month periods at the prices in effect at the time of each renewal. Customer will be provided <br /> written notice of renewal of the Agreement sixty(60)days prior to its expiration, stating the prices for the applicable <br /> renewal term. In the event Customer elects not to renew this Agreement, Customer shall provide thirty (30) days <br /> written notice prior to the expiration of this Agreement. Notwithstanding the foregoing,Customer or Contractor may <br /> terminate this Agreement at any time upon thirty(30)days written notice to the other,subject to Section 16 herein. <br /> BATTERY AND DROP SHIP ITEM CANCELLATION/TERMINATION/CHANGE: Customer may not cancel or <br /> terminate its purchase order without prior written notice to the Contractor and upon payment of cancellation charges <br /> which shall take into account, among other things, expenses already incurred and commitments made by the <br /> Contractor. Cancellation charges are as follows:(a)for batteries and Drop Ship Items, cancellation 31 days or more <br /> prior to shipment, 50% of the total invoice; between 0-30 days prior to shipment, 100% of the total invoice. <br /> Changes made to an order may be subject to increase or decrease in purchase order amount, change order <br /> charges, and changes in schedule date. Customer is responsible for return freight charges related to cancellation. <br /> Terms and Conditions(T-0) <br /> Rev.8/11 <br /> Page 2 of 4 <br />
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