The URL can be used to link to this page

Home My WebLink AboutContract 1590 /.qo KONE Inc.Repair Proposal 0:1.01 Elevators Escalators May 16,2014 KONE Inc. 1525 Third St., Unit D Riverside,CA 92507 Cathedral City Tel(951)682-5305 68-700 Avenida LaLo Guerrero Fax(951)682-4001 Cathedral City, CA 92234-1208 WW' n 11 harold.benington@kone.com RE: Civic Center/Passenger Elevators#1 &2 Subject: Full Load Five Year Safety Test We propose to furnish and install the labor,materials,tools and supervision to perform the following work on(Two)(2 KONE Passenger Elevators)LOCATED at the above referenced location. 5 Year Load Test—State of California/St#113795&St# 113796 Perform a five(5)year Static Safety Test on the existing hydraulic elevator(s)as required by the State Elevator Safetyt. Orders,Section 3071()). Such tests impose upon the equipment much greater stresses than those growing out of normal operation. Therefore, it is agreed that in making inspection or tests of the equipment,you assume any and all liability for injury(including death)to persons or loss or damage to property because of the action or failure of any devices,except for our negligent acts or omissions. If repairs are necessary to obtain proper operation of the equipment to meet the requirements of the test, such work shall be considered as an extra to this proposal. Investment amount: Our price to perform the above-mentioned work amounts to$3,998.00(Three Thousand Nine Hundred Ninety Eight&No/100. Our price includes applicable labor, material and permit fees. Pricing is subject to KONE's Terms and Conditions for tendered repairs and is valid until 30 days after the above stated proposal date. During the course of our work,should deficiencies,code violations, or other issues be discovered,we will promptly notify Purchaser and provide a separate quotation to correct these issues. KONE will provide a 90-day labor/material warranty on the work provided within this proposal. MKT-14-0028 Rev6(6/28/02) 1(3) KONE Inc.Repair Proposal ACCEPTANCE:The foregoing Agreement is Respectfully submitted by, hereby signed and accepted in duplicate on KONE Inc. behalf of /4-<0 (Signature) Hal Benington, Senior AccouniRepresentative (Print Name) (Approved By)Authorized Representative / (Print Title) ,--e_,--e_c- r Title Date: ,_S /27 / /V Date: MKT-14-0028 Rev6(6/28/02) 2(3) KONE Inc.Repair Proposal TERMS AND CONDITIONS This proposal is subject to the following terms and conditions,all of which are hereby agreed to: It is expressly understood and agreed all prior agreements written or verbal regarding the subject matter herein are void and the acceptance of this Agreement shall constitute the contract for the material and work specified in this Agreement. Any changes to this Agreement must be made In writing and signed by both parties. Unless otherwise agreed it is understood the work shall be performed during regular working hours of regular working days of the elevator trade. If overtime work is mutually agreed upon and performed, the additional price, at KONE's usual rates for such work, shall be added to the contract price herein named. Purchaser agrees to pay,as an addition to the price herein quoted,the amount of any tax based upon the transfer,use,ownership or possession of the equipment,imposed by any law enacted after the date of this proposal or imposed upon Purchaser by any existing law. Purchaser agrees to pay, thirty (30%) percent of the Agreement amount including any accepted options and/or alternates upon acceptance of this proposal. KONE reserves the right to discontinue our work at any time until we have assurance,satisfactory to us,that payments will be made as agreed. Final payment shall become due and payable upon completion of the work described in this Agreement.Failure to pay any sum due by KONE within thirty(30)days of invoice will be a material breach.A delinquent payment charge calculated at the rate of 1'V3%per month,or if such rate is usurious then at the maximum rate under applicable law,shall be applied to delinquent payments.In the event of default of the payment provisions herein,Purchaser agrees to pay,in addition to any defaulted amount,all attorney fees,collection cost or court cost in connection therewith. The machinery,implements and apparatus furnished hereunder remain KONE's personal property and KONE retains title thereto until final payment is made, with right to retake possession of the same at the cost of the Purchaser if default is made in any of the payments, irrespective of the manner of attachment to the realty,the acceptance of notes, or the sale, mortgage or lease of the premises. The states requiring notice prior to filing a lien,this notice requirement is hereby complied with. The completion of work or delivery of material specified In this Agreement Is subject to delays Caused directly or indirectly by embargoes,strikes,lockout,common carriers,accidents or by any other similar or dissimilar cause beyond KONE's control,for which KONE is to be held harmless. Should conditions develop beyond KONE's control, making the building or premises in which KONE's personnel are working dangerous,KONE reserves the right to discontinue work until such dangerous conditions are corrected. Should damage occur to KONE's material or work on the premises, where work is to be or is being performed, by fire, theft, or otherwise, the Purchaser is to compensate KONE therefor. Purchaser shall at all times and at Purchaser's own cost, maintain comprehensive bodily injury and property damage insurance(naming KONE Inc.as an additional insured), including bodily injury and property damage caused by the ownership,use or operation of the equipment described herein. It is expressly understood,in consideration of KONE's performance of the service enumerated at the price stated,that the Purchaser assumes all liability for injury,including death,to any person or persons and for damage to property or loss of use thereof,on account of relating to or resulting from the performance of the work to be done hereunder,and agrees to defend,indemnify and hold harmless KONE,its officers,directors and employees from all damages,claims,suits,expenses and payments on account of or resulting from any such injury,death or damage to property,except that resulting from the sole negligence of KONE. Neither KONE nor it affiliates, subsidiaries or divisions shall be responsible or liable for any damages, claims, suits, expenses and payments on account of or resulting from any injury,death or damage to property arising or resulting from the misuse, abuse or neglect of the equipment herein named or any other device covered by this contract. The Purchaser does hereby agree the exclusive venue for any dispute between the parties shall be in the county of Rock Island,IL MKT-14-0028 Revd(6/28/02) 3(3)