HomeMy WebLinkAbout2012-194 EMS - Eaton Corporation for Check if UPS struck by Lightning is repairable $ Not ListedCUSTOMER RELIABILITY CENTER (Single -Phase Services) a
Service: 800- 356 -5757 (option 1) FAIRT N
Fax: 919 -654 -7145 Powedna Business Worldwide
Email: SinglePhaseServiceSupport@eaton.com
FROM: 11111P WME
U4
CC:
To request standard time and material service, please complete the following checklist:
❑ Review the attached Time and Material Service Agreement, Terms and Conditions and Rate
Schedule ( "T &M Package ");
❑ Required: Complete section 1 with "Invoice To" and "Service Site" addresses;
❑ If a PO number is referenced, a copy of the complete PO is needed as part of this agreement;
T &M PackageTerms and Conditions shall supersede all others; PO made out to:
Eaton Corporation, PO Box 93531, Chicago, IL 60673 -3531;
❑ Include a copy of any applicable Tax Exemption Certificates
❑ Complete all information in Section 2; Note that the "Quoted Price" column is for parts and
services quoted by Eaton and may not be applicable;
❑ Sign and date the T &M Package in Section 3;
❑ Initial approval of the response time and product size being requested;
❑ Return all 4 pages for single -phase products to:
-0 Fax: 919-654-7145
-► Email: SinglePhaseSerViceSupport@eaton.com
For evidence of insurance coverage, an electronic version of a Memorandum of Insurance can
be found at the following web site: www.marsh.com1moi ?client =0308. The site can be accessed
24 hours /seven days a week, thereby providing you with quick access to and confirmation of
Eaton Corporation insurance information. You will be able to download and print the electronic
Memorandum of Insurance for inclusion in your files. If you experience any difficulties with this
website address, the memorandum can also be accessed at www.Marshweb.com /clients /4692 /moi.nsf.
Thank you.
Service Coordinator:
Fax Cover shoat for T &M Package Revision: January 1, 2012
CONFIDENTIAL
Fj,&kTDN
Time and Material Service Agreement ftweiina Businm Worl&#ge
W&Uul
Invoice to: (Customer)
Service Site: (Customer)
COMPANY NAME: 01`1%!V e County
Ffter 7":f
_S",kv,5 COMPANY NAME: ORANGE COUNTY NORTH CAROLINA
STREET: 5/0
STREET: 510 MEADOWLAND DR
CITY-, 1J;J1512d1VV!j6
CITY, HILLSBOROUGH
STATE: AIC. —ZIP:
27a7ff
STATE: NC ZIP: 27278_
CONTACT. L11 5 -q M4y
CONTACT
PH !119- j145- 4100
PH:
FAX/E-MAIL afMAGt f092. ong!Ve,
#4C, JJS
FAX/E-MAIL
Agreement Details
Payment Information
AGREEMENT DATE:
CREDIT CARD TYPE: 0 VISA 0 MC 0 AMEX
PURCHASE ORDER NUMBER (OPTIONAL):
CREDIT CARD NUMBER:
a* Copy of PO required
CREDIT CARD HOLDER:
❑ TAX EXEMPT CERTIFICATION ATTACHED
EXPIRATION:
i
Section 2
Apply Rates in Attachment X-I
SEE ATTACHEDTERMS AND CONDITIONS AND ATTACHMENT X-11, RATE SCHEDULE
Invoice charges shall be contingent upon actual services rendered and material provided hereunder,-in accordance with
the attached Rate Schedule (Attachment X-1).
This Agreement together with the terms and rates on the attached sheets made part of this Agreement constitutes the entire Agreement between the parties and shall exclusively
control the relationship of the parties, with regard to this Agreement. Printed, preprinted or other terms on the face or reverse side of Customer's Purchase Order shall not be binding.
Section 3
Customer [Purchaser Order Management Specialist
COMPANY. CkanAG e
Eff
004 '"4ERVICE
NAME: COORDINATOR: -H.
TITLE: DATE: 4/23/12
FAX: E- JAIL SERVICE REQUEST#: 1382990
09-411 FAX: 919- 654-7185
SIGNATURE DATE
I am authorizing Eaton Corporation to perform the followingTime and Material services (check and initial approval):
[e_ Less than 200kVA products: 5 day or less response time (minimum labor charge 4 hours)
❑ 200kVA and above products: 5 day or less response time (minimum labor charge 6 hours)
❑ 200kVA and above products: 2 day or less response time (minimum labor charge 8 hours)
If authorizing multiple products, initial and approve as appropriate. If not indicated, 5 day response shall prevail.
This instrument has been pro-audited In the
Eaton Corporation Time and Material Service Agreement manner required by the Local Government Revision: January 1, 201Z Page 2 of 4
Budget and F
qla'� ?7s lr�cl
Clarence G. Grier, Assistant Co. Manager & CFO
COOPER
Time and Material Service Agreement
Terms and ConditionsT-TM
1. DEFINITIONS: As used In this Time and Material Service Agreement
('Agreement'); (1.1) "Power Module' shall mean the electronics portion of a
UPS; (1.2) 'Battery' shall mean the electric storage battery portion of a UPS;
(1.3) Power System shall mean the Power Module and Battery, (1.4) 'Proper'
and all of Its derivative forms shall mean In accordance with published Eaton
Corporation. specifications. (1.5) "Purchaser" or 'Customer" shall mean an the
purchaser of this Agreement. (1.6) 'Contractor" or `Eaton Corporation Global
Services' shall mean, Eaton Corporation a Delaware corporation, with an
office located at 8609 Six Forks Road, Raleigh, NC 27615.
2. COVERED EQUIPMENT 'Covered Equipment' shall mean the Power
System equipment listed on the front page of the Time and Material Service
Agreement, or on separate titled page incorporated into this Agreement
3. HOURS OF SERVICE: Eaton Corporation will provide service
during the hours noted on the Time and Material Service Rate Schedule,
attached hereto as Attachment X-1 and incorporated herein by reference.
Contractor's observed holidays shall be the same as public holidays for
Federal employees as established by U.S. Federal law IS U.S.C. 6103).
4. LABOR AND MATERIAL RATES: Customer shall be billed as per Eaton
Corporation Time and Material Rate Schedule, Attachment X -1.
S. CUSTOMER'S RESPONSIBILITY:
A. Communication - The Customer shall contact Eaton Corporation's
Customer Reliability Center (1-800-843-9433, option #1) regarding all
service requests and all other matters arising out of or relating to this
Agreement,
B. Safety - The Customer shelf, at all times during the provision of ser-
vices hereunder, hav a a representative present at the maintenance
site at no cost to, and solely for the safety of Eaton Corporation.
C. Access - In order that Eaton Corporation may perform its obliga-
tions under this Agreement, Customer shall grant ready access to the
Covered Equipment subject to reasonable security requirements.
6. TERM AND TERMINATION: This Agreement and all that is stated herein
shall expire upon completion of services hereunder or ninety (90) days
from the date of the Time and Material Service Agreement, except that any
provisions that shall naturally continue shall not expire. Notwithstanding
the foregoing, either Customer or Eaton Corporation may terminate this
Agreement at any time upon fifteen (16) days written notice to the other,
subject to provision of Section 14 hereof.
7. INSURANCE: During the term of this Agreement, Eaton Corporation at its
own cost and expense, shall obtain and maintain In full force and effect the
following insurance with sound and reputable insurers: (1) Worker's Com-
pensation insurance in accordance with the statutory requirements of the
state in which the maintenance is to be performed; (2) Automobile Liability
insurance on all motor vehicles licensed for highway use, both owned and
non-owned and, (3) Comprehensive Liability insurance for bodily injury and
property damage.
8. WARRANTY: Eaton Corporation shall perform all services In a profes-
sional and workmanlike manner. Eaton Corporation warrants to repair or
replace defective materials and correct defective workmanship reported
to Eaton Corporation and/or diagnosed by Eaton Corporation personnel
during the term of this Agreement. Eaton Corporation warrants its correc-
tive maintenance and spare parts to be free from defects in material and
workmanship for a period of ninety (90) days from the completion date of
the repair or replacement endeavor for which those repair materials and/
or equipment were used. In the event the materials or equipment fails to
meet its published specifications due to a defect in material or workman-
ship covered by this Warranty, Eaton Corporation will repair or replace the
warranted materials or equipment at no cost to Customer for the material
repaired or replaced. This Warranty shall not apply to any Power Module
and/or Battery that has been subject to damage caused by accident, fire,
flood, lightning, vandalism, acts of God, Customer's neglect, misuse, misap-
plication, incorrect connection or external damage; or that has been subject
to repair or alteration by Customer (or a third party) not authorized by Eaton
Electrical Inc. in writing. THIS WARRANTY IS CUSTOMER'S SOLE REMEDY
AND IS EXPRESSLY IN LIEU OF ANDTHERE ARE NO OTHER, EXPRESSED
OR IMPLIED GUARANTEES OR WARRANTIES INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUR-
POSE. Equipment supplied, but not manufactured by Eaton Corporation,
is warranted solely by the equipment manufacturer. Eaton Corporation
obligation under said Warranty is conditioned upon receipt of all payments
due from Customer including Interest charges, if any.
9. ASSIGNMENT Customer shall not assign this Agreement or any of Its
rights hereunder without the prior written consent of Eaton Corporation.
I
FAIT *N
Power ifn Business Worldwide
10. SUBCONTRACTING: Eaton Corporation reserves the right to subcon-
tract any portion of the services provided for under this Agreement without
the prior consent of Customer.
11. CONFIDENTIAL INFORMATION: Each party acknowledges that it may,
in the course of performance of this Agreement, be exposed to or acquire
Information which Is proprietary to or confidential to the other party, includ-
ing but not limited to, data relating to the products, equipment, Inven-
tions, discoveries, trade secrets, secret processes, financial data, computer
software, know-how, methods, marketing information and any other data
or information in any form relating to the business affairs of either party, in-
cluding the provisions of this Agreement ('Confidential Information"). The
parties agree to hold Confidential Information in strict confidence and not to
use Confidential Information for its own benefit or disclose it to third parties
without the written consent of the other party. Confidential Information
shall not include information: (a) which Is already known to the other party
or is publicly available at the time of disclosure; (b) is disclosed to recipient
by a third party who is not In breach of an obligation of confidentiality, or (c)
becomes publicly available after disclosure through no act of the recipient.
12. INDEMNITY* Subject to the limitations of liability in Section 13 hereof,
Eaton Corporation shall defend, Indemnify and hold harmless Customer, its
officers, employees and agents, from and against any and all claims, liabili-
ties, damages, demands, losses, causes of action and suits, including reason-
able attorney's fees incident thereto, to the extent they result directly from or
out of (1) any injury to or death of any person or damage to or destruction
of any property caused by the negligent acts, errors, omissions or willful
misconduct of Eaton Corporation., its agents or employees; and (2) any viola-
tion of federal or state regulations, orders, rules or the violation of any other
governmental entity by Eaton Corporation, its agents or employees.
13. LIABILITY. In no event shall Eaton Corporation or Customer, or their
respective officers, directors, employees or agents be liable to the other for
any Incidental, indirect, special or consequential damages, such as, but not
limited to, delay damages, lost profits or lost opportunity damages, resulting
from or in connection with any claim or cause of action, whether brought in
contract or in tort, even If Eaton Corporation or Customer knew or should
have known ofthe possibility of such damages. Under no circumstances
shall the aggregate liability arising out of or in connection with this Agree-
ment exceed the price paid hereunder for the goods and services provided.
14. PAYMENT. All payments are due not 30 days in full from date of invoice,
and any payment not made when due shall be subject to an interest charge of
1.5% per month or fraction thereof, or maximum permitted by law, whichever
is less. Customer shall be liable for expenses including reasonable attorneys'
fees, associated with collection proceedings for non-payment.
15. TAX: Contractors price is exclusive of any applicable tax. All orders will
be subject to all applicable sales tax unless a currant tax exemption certificate
is on file with Eaton Corporation covering that state shown In the ship-to ad-
dress or service location of the Customers purchase order or the Installation
location of the Covered Equipment under this Service Agreement
16, BATTERIES/PARTS: In order to comply with federal, state and local
government regulations, batteries and parts removed for replacement shall
be Eaton Corporation property and Eaton Corporation shall promptly and in
accordance with applicable regulations dispose of such batteries and parts.
Maintenance parts used from Customer-owned spare parts kit shall be
replaced by Eaton Corporation at no cost. Replacement parts shall be new
or of the same quality as new,
17. FORCE MAJEURE: Contractor shall not be liable for any failure to
deliver, or delay in delivering services to Customer to the extent that such
failure or delay results from causes beyond its reasonable control including,
without any limitation, any act of God or force majeure, war, revolution,
riot, civil commotion, or any applicable governmental or judicial law or
regulation, order or decree.
18. GENERAL, The terms and conditions of this Agreement cannot be
modified or waived except by a writing signed by the parties hereto and
waiver by Eaton Corporation or Customer of any provision hereof In any
one instance shall not constitute a waiver as to any other instance. Any
provisions herein that shall naturally survive termination of this Agreement
shall continue In full force and affecL If a provision of this Agreement is
invalidated for any reason, this Agreement remains binding except for such
Invalid provision. This Agreement shall be construed in accordance with
and governed by the laws of the State of North Carolina. Customer and Ea-
ton Corporation hereby agree that all disputes arising out of this Agreement
shall be submitted solely to the jurisdiction of the State and Federal Courts
located In Wake County, North Carolina.
Eaton Corporation Time and Material Service Agreement Revision: January 1, 2012, Page 3 of 4
ATTACHMENT X -1
Time and Material
Service Rate Schedule
UJISTION
Powerino Business Worldwide
The following rate schedule applies to all services rendered on non - contracted and non - warranty equipment
and to all services performed on contracted equipment where the service performed is outside the scope of the
contracted coverage. Labor rates are based on the actual time of delivery. Specific contract customers may be
eligible for discounts on time and material charges.
3 -Phase Products - Portal to Portal Labor per Hour (On -site and Travel Time)
Mon. — Fri., Business Hours (8AM — 5PM): $247.00
Mon. — Fri., After Business Hours (5PM — 8AM): $318.00
Weekends and Holidays (Saturday 12:01AM — Sunday Midnight): $394.00
3 -Phase Products - Minimum Labor Billing (minimum value range equal to above rates x hourly min.)
Equipment below 200kVA, Five day or less response (4 hour min.): $987 to $1,575
Equipment 200kVA and above or Multi Module, Five day or less response (6 hour min.): $1,481 to $2,363
Equipment 200kVA and above or Multi Module, Two day or less response (8 hour min.): $1,974 to $3,150
1 -Phase Products - Portal to Portal Labor per Hour (On -site and Travel Time)
Mon. — Fri., Business Hours (8AM — 5PM): $196.00
Mon. — Fri., After Business Hours (5PM — 8AM), Weekends and Holidays: $317.00
1 -Phase Products - Minimum Labor Billing (minimum value range equal to above rates x hourly min.)
Equipment below 200kVA, Five day or less response (4 hour min.): $783 to $1,267
Equipment 200kVA and above or Multi Module, Five day or less response (6 hour min.): $1,175 to $1,901
Equipment 200kVA and above or Multi Module, Two day or less response (8 hour min.): $1,566 to $2,534
Travel & Living Expenses
Transportation:
3 -Phase Products:
1 -Phase Products:
All others (air fare, car rental, tolls, etc.):
Lodging & Meals:
Calculation of Labor and Mileage Charges:
Materials /Spare Parts:
Minimum billing:
Parts Expedite Fees
Mon. — Fri., Business Hours (8AM — 5PM):
Mon. — Fri., After Business Hours (5PM — 8AM):
Weekends and Holidays:
Freight Expense
Freight- FOB Factory:
Same Day Delivery:
Automobile mileage included in labor rates
Automobile mileage at $ 0.70 per mile
Actual
Actual
Portal to Portal (travel labor and mileage)
Current List Price
$110 Domestic, $275 International
$110
$275
$440
Actual
$155 plus Actual Freight
Depot Repair Labor: $132 per hour
Minimum Billing: $132.00
Expediting Fee: $110.00
Note: 3 -Phase products include Eaton BladeUPS, Best Power Unity UT3 310 -360 models; 1 -Phase products
include Eaton 9155, Powerware 9150, Best Power Unity UT3K, UT8K)
Eaton Corporation Attachment X•1 Time and Materials Rata Schedule Revision: January 1, 2012, Page 4 of 4