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<br />TERMS
<br />
<br />Terms and CondItions
<br />
<br />1) DEFINITIONS
<br />(a) COVERED EQUIPMENT means !he equipment fa' whicll seI'Iices are 10 be
<br />~ prrMded under !his Agreement. Cov<ired Equipment is defined by the appicabIe
<br />AssuIa1ce Services pages ood Equipment LisIs _ to !his Agreement.
<br />EQUIPMENT FAILURE mealS the sudden ood a;cideoIlj failure of moviJg palls
<br />or _ or eIectron~ compooenls thai are pat of !he Covered Equipm",t and thai
<br />are necessay fa' its aperaIion.
<br />(e) SCHEDULEO SERVICE VISITS include labor required to peIfoon inspections
<br />ood preventive mantenance on Covered E'lJipmenl
<br />(d) SCHEDULEDSERVlCEMATERlALSi1cIudem_'"'I"Wedtopelfoon
<br />Sche<lJkld SeIVice VISits on Cov<ired E'lJipmenl
<br />(e) REPAIR LABOR OcIJdes labor. necessalJf to restore Cov<ired Equipm",t to
<br />wor1dng condition foiIJwing an ""'ipm",t F,*,re ood excludes fdlj equipment
<br />replacement due to oo.cAescence or unavalabilly of palls.
<br />(f) REPAIR MATERIAlS inclJdes m_ necessalJf to restore Covered
<br />EQuilment to wor1dng condition fabMng ... Equipment F,*,re and exdudes total
<br />eq~ replacement due to obsolescence or un_ity of palls. AI JCI's option,
<br />Repar Materials may be new. used, or recondIIioned AI Repar Materiais are covered
<br />by !he werranty as desCIibed bekJw.
<br />
<br />2) SERVICE COVERAGE OPTIONS
<br />(a) BASIC COVERAGE includes Scheduled Selvice Visils, plus Schedukld
<br />Service Materials if elsewhere noted in this Agreement, for covered Equipment
<br />(bl PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as
<br />Repair Labor, plus Repatr Material ~ elsewhere noted in Ih~ Agreement, for
<br />covered Equipment
<br />(c) PRIME lEVEL COVERAGE includes BASIC COVERAGE as well as Rep<ir
<br />l1i>or. plus Repar M_ ~ elsewhere set ftrIh in this Agreem"'l fa' Cov<ired
<br />EqujJment consisting of centriIug<j. 0000rpIi0n, or screw chllers, PRIME lEVEL
<br />COVERAGE also includes Rep<ir l1i>or. and Repar MaleriaIs ~ oiheIwise set forth in
<br />this Agreement fa' dagnosed inminent equipm",t failure as we! as actual E",ipment
<br />Fature. PRIME LEVEL COVERAGE includes the kfuNiIg seI'Iices ood '"'I""""errts.
<br />JCI wD analyze diagnosticlEs1s including PreoVue _.Analysis,
<br />. spedrochemical 01 analysis. and megOOm read'0'(jS. Aft ~na;1ic IEs1s must be
<br />pIIbmed aI JCI-presaibed lrequencIes ood to JCI-specified test siarmm. ~
<br />elsewhere noted in this Agreement. _ wit indude Repair labor. and
<br />Repair Material fa' heat excha1ger lubes W an Eddy Current Anaysis. acceptable
<br />to JCI, has been peIfooned in the three yeall prior to th" Agreement and is
<br />provided 10 JCI, or such a test WI] be peIfooned as pat of the Agreemenl
<br />_ JCI's lIIlIysis suggest Ille exisIence or the possibiity of equipment
<br />deterioraIion outside anIicipaIed oracceptalJk>conditions. JCI may aliIs option
<br />lake cooective stEps necessay to prevent further deterioraIion or break""" of
<br />Ille Cov<ired Equipment. JCI retains sole jJdgment wer whether equipment
<br />condiIions are considered accepIa>Ie, whether correcIive stEps sIlouij be Iak",.
<br />or what stEps. W any, need to be laken. Perform...ce of any cooective steps
<br />under Illis PRIME coverage " not a g""",tee thai Equipment Failure or
<br />dcwn1ime will not occur.
<br />
<br />3) EXTENDED SERVICE includes _ seIVice fa' repa,s and ~ avaiable on~ W
<br />
<br />Cuslooler has PREMIUM or PRIME coverage The price tor Extended
<br />
<br />SeIVice, W chooen by Customer. is pat ofthefdlj price Customer wID pay.
<br />_ a defect be found IlJring an Extended SeIVice vis~ Ihal JCI " not
<br />responsille fa' under !his Agreement, Cuslooler lijrees to pay JCI's standald fee
<br />fa'any seI'Iices rendered.
<br />Shooij Repair laI>or or Repair MaIeriaIs be peIfooned in periods beyond
<br />the Extended SeIVice period, Customer lijrees to pay JCI's standald fee fa' any
<br />seI'Iices rendered beyood !he Extended Service period.
<br />
<br />CONDITIONS
<br />
<br />A. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES
<br />JCI wit nspeclthe Covered Equipment within 45 days of !he date of !his Agreement or as
<br />_ or aperaIionaI candmms penn!. JCI wiI advise Customer W JCIIinds any Covered
<br />Equipment not in wori<ing order or in need of repar. With the Cuslomer's
<br />
<br />
<br />.~. JCI wi! peIfoon the wori< necessay to put the Covered Equipment in proper wor1dng
<br />conditioo. Th~ wori< Wil be done at JCI's _ fee tor palls and labor in effer:t at that time.
<br />If the Cusloo1er does not went JCI to do the wori< _ by JCI. or W Customer does not
<br />have the wori< done, the equi>ment wi! be remwed from the 151 of Covered Equipment and the
<br />price of th" Agreement witlhen be a<!usted.
<br />
<br />B. WARRANTY
<br />JCI w"",,1s thai iIs seI'Iices wi be prrMded in a good and wori<ma1ike m...ner and Ihal palls
<br />repaired or replaced by JCI wM be free from defects in wori<manship, design, and material until
<br />the ",d of this Agreem",1 or for one 'J8", whichever is eaIier. JCI's sole ob6gatian sllaI be to
<br />repair or to replace defective pa1s or to pmperIy redo defective seI'Iices. Jel DISClAIMS AlL
<br />OTHER WARRANTIES ON THE EQUIPMENT FURNISHED UNDER THIS AGREEMENT,
<br />INClUOING ALL IMPliED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
<br />A PARTiCULAR PURPOSE.
<br />
<br />C. SCOPE OF SERVICE
<br />Customer understands that JCI is a provider of services under this Agreement. Jet
<br />shall not be considered a merchant or a vendor of goods. If JCI inttalls or furnishes a
<br />piece of equipment under this Agreement, and that equipment is covered by a
<br />warranty from the manufacturer, Jet will transfer the benefits of that
<br />manufacturer's warranty to Customer if this Agreement with Customer
<br />terminates before the equipment manufacturer's warranty expires.
<br />
<br />D. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI
<br />1) The Customer warrants that. to !he basi of Cuslomer's kooMedge, ~ Cov<ired
<br />Equpment is in good worIing condition and Ihal Ille CUstomer has given JCI aI
<br />i1fonnatian of whicll Customer is aware concerning the condition of the Cov<ired
<br />EquiJrnenl
<br />2) The Cusloolerlijrees that, during the term ofth~ Agreement.theCustomerwil:
<br />
<br />la) operate the Covered Equipment a::cording 10 the manufaoturer's
<br />recommendations;
<br />(b) keep axurate ood current wori< logs ood i1fonnatian on the Covered Equipment
<br />as recommended by the millufacturer,
<br />(c) pItNide an adequate en1lirooment fu Cov<ired Equipm",1 as recommended by
<br />the manufacturer or as recomm",derI by JCt, ilcluding adequate spa:;e, eIedricaI
<br />power. ar condlionilg, and hum~ity control;
<br />(d) notiIy JCI immediately of any equiJrnent nujfunclion, breakdown, or other
<br />condition aIfediIg theaperalion of the Covered ""'ipnent;
<br />(e) aIbN JCI to start and stop, perio<IcaIy Ium off, (]' aIlerwile mange or
<br />temponriy suspend equipment operations so that JCI can peIfoon the services
<br />required under th~ Agreement and
<br />I~ pItNide proper condenser ...d ooler water lrealment as necessal)', tor !he
<br />proper functioning of Covered Equipment it sum seI'Iices are not JCI's
<br />responsililly under th~ Agreement.
<br />3. The Customer acknowledges that its failure to meet these obligations wiJI
<br />relieve JCl of any responsibility for any equipment breakdown, or any necessary
<br />repair or replacement, of any equipment.
<br />
<br />E. CHANGES TO CUSTOMER EQUIPMENT
<br />The Customer retains the righl to make changes or allerations to its Equipmenl If. in
<br />JCI's opinion, such changes or alterations substantially affect Jel's services or
<br />obligations, JCI shati have the right to make appropriate changes to the scope or 10 the
<br />price of this Agreement or to both.
<br />
<br />F. ACCESS
<br />The Customer will give JCI full access to aU equipment that is elk COIJeled
<br />Equipment or associated with it when JCI requests such access. If access cannot be
<br />provided, JCI's obligations under this Agreement will be suspended until such access to
<br />the equipment is provided. Matters affecting JCI's access to the equipment may
<br />include, but are not limited to, the removal, replacement, repair, refinishing, restoration,
<br />reconstruction, or other remedial actions taken by the Customer with respect to
<br />equipment Of to the Customer's facility. Suspension of JCl's dulies fa this reason will
<br />not cancel or suspend any of the Customer's obligations under this Agreement
<br />
<br />G. EXCLUSIONS
<br />JCl's seI'Iices under this Agreement do not include:
<br />1) SUppl'IeS.l>:CesSOIies. or any items ml101a1y consumed during the use cf Cov<ired
<br />EquiJrnent such as ribbons, bulbs. ...d ~
<br />2) calls resuiling from lack 01 operator_ preventive maintenance. s_
<br />pmI:tan1s.oroperatorerror;
<br />3) service calls due to failures resuiling from acIs of God, abuse or misuse of
<br />""ipmenl or ateIations, modificatioos, or repais to equjJment not peIfooned or
<br />provided by JCI;
<br />4) the furnishing of m_ and supplies tor painting or refinishing equipment
<br />5) eIectri:::aI wori< to the Cuslooler's tacitity necessay because of equipmen~
<br />6) seIVice catIs resulting from atlachments made to Covered Equ!Jment or aIler
<br />equiJrnent not covered by th~ Agreement;
<br />TJ the repair or """"""''''I of_. casings. _,slrucluralsuPl'O'1S. tower
<br />iiV_, hydron~ and pneumalic ~. and vessels. gaskels, and ~ not
<br />nonna~ replaced or _ed on a scherfuIed basis, ...d I!!IlJ()Y!j of aI from
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