HomeMy WebLinkAboutMemorandum of Understanding with Schindler Elevator for Elevator
Memorandum
Meridian Police Department
June 23, 2003
TO: Will Berg, City Clerk
RECEIVED
.iUN 14 2003
FROM: Capt. Musser
City of Meridian
City Clerk Office
RE: Extended Warranty Agreement - Schindler Elevator
We would like the following extended warranty agreement for the elevator in the Police
Department to be reviewed by City Legal and the Mayor and Council. The agreement is good
for ten years, so it would need the approval oUhe Council for us to enter into it.
Please let me know when this would be scheduled for Council and I will be there for the
meeting. '
Thank You,
Schindler Secure. Extended Warranty Aqreement
Schindler Elevator Corporation
743 McGregor Ct., Suite 140
Boise, 10 83705-5225
Phone: 208-577-5539
Fax: 208-577-5526
To: Captain Mesær ¡n,.,....r
Meridian Poiice Center
East Watertower Lane
Meridian, 1083642
Agent For: Meridian Police Center
This warranty is in lieu of ali other warranties referred to or set forth in the Contract Documents for the MERiDIAN POliCE CENTER project. located
at EAST WATERTOWER LANE, MERIDiAN. iD 83642 and this Agreement takes precedence over, and incorporates no additionai or different terms
from any contract documents associated with the project.
Schindler warrants that the equipment as furnished wili compiy with the contractuai specification: sections: "warranty-. if properiy notified, Schindier G
wili, at its expense, correct any defects and workmanship and materials occurring for ten (10) years from October 01,2003, which are due to ordinary
wear and tear and not to improper use. care, or vandalism. Schindler's total cumulative liability under this warranty or anything done in connection a;
therewith, inciuding breach, shali not exceed the price of the part upon which such liability based. The warranty provided herein shali be void if i5
inspection / repair is performed by someone other than Schindier Eievator Corporation, in a manner iess than Schindler Elevator Corporation's C
standards. Schindler Elevator Corporation maintains high and rigid standards for its personnel in product knowiedge and training requirements. in :æ
addition, Schindler wili extend the routine inspection necessary to maintain this warranty in force through September 30, 2013. This warranty shali be JI
extended for additional periods of ten (10) years unless terminated by either party by written notice not less than thirty days prior to the above date or
the termination date of any renewai period. This Agreement wiil be assigned to any successor in interest. shouid your interest be terminated prior to
the above date, or prior to the expiration date of any subsequent renewai, upon notification to and acceptance by us of such assignment.
As part of its inspection requirements, Schindler wiil regulariy examine. clean, lubricate, adjust and where conditions warrant. repair or replace broken
or malfunctioning components, inciuding: ali labor and material to keep equipment running to originai specifications by Schindler. the originai
equipment manufacturer.
EQUIPMENT DESCRIPTION:
One (1) Schindler 330A Hydraulic Eievator
WE WILL remoteiy monitor (if applicable) those functions of the Equipment described above which are remote monitoring capabie. Our Remote
Monitoring System ("SRM") wili automaticaliy notify us if any monitored component or function is operating outside established parameters. WE
WILL then communicate with you to schedule appropriate service calis. Monitoring wili be performed on a 24 hour, 7 day basis and wili communicate
toli free with our CUSTOMER SERVICE NETWORK using dedicated elevator teiephone service. The operation and monitoring of SRM is contingent
upon avaiiability and maintenance of dedicated eievator teiephone service. You have the responsibility to instali. maintain and pay for such teiephone
service, and to notify us at any time of any interruption of such teiephone service.
You wili provide the proper wiring diagrams for the equipment covered. These diagrams wiil remain your properly. and wili be maintained by
Schindier for use in troubieshooting and servicing the equipment.
Schindler wiil use only competent technicians specialiy trained to service this equipment. items beyond Schindler's control, such as vandalism and
abuse of the equipment are not covered under Schindle~s inspection responsibilities. Schindler wili provide emergency warranty service and/or repair
work on a twenty-four (24) hours a day, seven (7) days a week basis. Piease note, however, that if work is authorized on weekends, holidays, or after
regular working hours. Schindier wili invoice the Owner at Schindler's standard billing rates, including travei time and expenses.
For emergency repairs, please notify Schindler at 1-800-225-3123. The foliowing information wili be required:
Building identification Number 557326. A brief description of the probiem.
The price of this extended warranty agreement shali be $130.00 (Doliars) per month, payabie in quarterly instaliments of $390.00. plus any applicabie
saies, use or other taxes. The price shali be adjusted annualiy on this agreement's anniversary month to reflect changes in Schindler costs for iabor. If
there is a deiay in determining a new iabor rate. we wili notify you and adjust the price at the time of such determination. and we wili retroactiveiy bili or
issue credit. as appropriate, for the period of such delay.
The Secure terms and conditions attached here to are incorporated herein by reference.
Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized representative wili be required to vaiidate
this e:-e ent..
Approved By: JD Smith
Accepted By:
Estimate Number: LSMH-5MYMCY (2003.3)
For: Schindier Eievator Corporation
For: MERiDIAN POliCE CENTER
Date: 5/28/2003
Date:
Date:
P'ge I of 2
Secure Terms and Conditions
Excluded from Schindler's inspection responsibilities are the following:
Hoistway door hinges, paneis, frames, gates and silis; cabs and cab flooring; cab doors, gates and removabie cab paneis; cab mirrors and handrails;
power switches, fuses and feeders to controllers; light fixtures and lamps; cover plates for signai fixtures and operating stations; smoke detectors;
cieaning of cab interiors and exposed silis; piungers, casings and cylinders; ail piping and connections except that poriion which is exposed in the
machine room and hoistway; emergency power generators; intercom or music systems; air conditioners or heaters, fireman's phones and card readers.
Exterior paneis; skirt and deck panels; baiustrades; relamping of illuminated balustrades; power switches, fuses and feeders to controliers; cleaning of
exposed surfaces, escalator steps and electric walk pallets.
Other than title, there are no additional warranties or guarantees, expressed or implied, including but not limited 10, warranties of merchantability or
fitness for a particular purpose, which are expressly disclaimed.
The purchaser agrees to provide Schindler with full and free access to the equipment to render inspection/service thereon. to provide a safe work
place for Schindler's employees. and to remove any hazardous materials in accordance with applicable laws and regulations.
Schindler has based its price on the assumption that, in performing Ihe work required by this Agreement, it will not encounter conditions having an c:!
unusual or adverse effect on the equipment or the circumstances under which it must perform the work, it shall not be responsible for any adverse CD
effects resulting from such conditions. If Schindler encounters such conditions, it may at its option, suspend the performance of Inspection and its is
warranty obligations under the Agraament pending negotiation of additional charges as compensation for increases In its costs. ~
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Possession or control of the equipment shall remain with the Purchaser, and the Purchaser shall retain its normal responsibility and liabiiity as Owner.
Possessor. or Custodian of the equipment. The Purchaser agrees to at all times carefully monitor the equipment and its use and, in the event of the
malfunction, operation problem. or dangerous condition, to immediately remove the unit from service. erect barriers and post wamings to prevent use
of the equipment. and promptly notify Schindler using the Schindler Customer Service Network.
Schindler hereby disclaims responsibility for accidents, injuries or malfunctions related to misuse of the equipment or vandalism. or for equipment
failures not detectable upon normal examination or othelWise not found to be the result of Schindler's specific negligent act or omission.
Schindler will not be responsible for a loss, damage, detention, or delay caused by strikes, lockouts, labor troubles, or disputes, fire, explosion, theft,
earthquake, severe or unusual weather conditions, shortage of material or workers, malicious mischief, war, governmental orders, acts of God. or by
any other cause beyond its control. Schindler will in no event be liable for special, indirect, incidental or consequential damages.
If either party shall default in the performance of any ofits obligations, the non-defaulting party may send written notice reasonably describing the
default. If the defaulting party, within a reasonable time (not to exceed (10) days), does not commence to take reasonable steps to cure the default, or
if having commenced. fails to carry the cure to reasonable and timely compietion. the non-defaulting party. by a further ten (10) days written notice,
may terminate this Agreement.
Any proprietary material, information, data or devices contained in the Equipment, or any component or feature thereof, remains our property. This
includes, but is not limited to, any tools, devices, manuals, software (which Is subject to a limited license for use in this building/premises/ equipment
only). modems, source/ access! object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate
and remove If the Agreement is terminated.
You will prevent access to the Equipment, Including the SRM feature and/or dedicated telephone line If applicable. by anyone other than us. We will not
be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards or settlements ("claims") arising from the use or misuse of SRM. if
It or any portion of it has been modified. tampered with, misused or abused. We will not be responsible for use, misuse, or misinterpretation of the
reports, calls, signals, alarms or other such SRM output, nor for claims arising from acts or omissions of others In connection with SRM or from
interruptions of telephone service to SRM regardless of cause. You agree that you will defend, Indemnify and hold us harmless from and against any
such claims. and from any and all claims arising out of or in connection with this Agreement. and/or the Equipment, unless caused directly and solely by
our established fault.
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