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HomeMy WebLinkAboutContract 1590-1 e ,tc-fo, I KONE Inc. Repair Proposal 1:1 0:13 Elevators Escalators May 19, 2014 KONE Inc. 1525 Third Street Cathedral City Riverside, CA 92507 68-700 Avenida Lab Guerreo Tel (951) 682- 5305 Cathedral City, CA 92234 Fax(951) 682-4001 ATTN: Mr. Horst Schnur Cell(562) 824-2105 www.kone.com Re: Parking Structure elevators /Elevator timer installations harold.benington @kone.com Description of Work We propose to furnish the necessary labor, materials, tools and supervision to perform the following work on the (Two) (2 Parking Structure Passenger elevators# 1 & 2) (Located at 68-594 Avenida Lab Guerrero, Cathedral City, CA). Scope of work/solution to keep persons out of the elevator: 1. KONE shall install a programmable 365 day digital timer on the elevator equipment; 2. KONE shall program the elevator to run off the timer from AM to PM —Monday though Friday or on weekends from AM to PM; 3. The timer is self adjusting to change to day light savings and back again annually; 4. KONE shall test and place the elevator back in service. Work estimated to take 8 crew hours to complete. The investment amount of this work is $5,200.00 (Five Thousand Two Hundred & No/100). ` First payment KONE will require a first payment of 30% in the amount of $1,560.00. The material will not be ordered or the work scheduled until the first payment is received. Please let us know what purchase order# you will be assigning this work order. If blank, KONE shall perform the work with the understanding that no purchase or work order is necessary and that this signed agreement is enough for payment.Your purchase order is for administration purposes only. Our price includes applicable labor,"material and permit fees. This proposal is not binding on KONE until approved by an authorized KONE representative. Pricing is subject to KONE's attached Terms and Conditions for tendered repairs and, by signing below, Purchaser hereby agrees to these Terms and Conditions. Price is valid for 90 days from date of this proposal. 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. Page 1 of 3 9 May 19,2014 Page 2 of 3 ACCEPTANCE:The foregoing Agreement is Respectfully submitted by, hereby signed and accepted in duplicate on KONE Inc. behalf of owner. /0- / d (Signature) Hal Benington, Sr. Account Ripresentative • (Print Name) (Approved By)Authorized Representative a/77rnan472.VC I r m e--77472(Print Title) Title Date: /2 7/ /9 Date: / / May 19,2014 Page 3 of 3 TERMS AND CONDITIONS This proposal is subject to the following terms and conditions,all of which are hereby agreed to: Purchaser agrees to pay the amount of any tax imposed by any existing law,or by any law enacted after the date of this Agreement, based upon the transfer, use, ownership or possession of the equipment involved in the services rendered herein. KONE reserves the right to discontinue our work at anytime 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 to KONE within thirty(30)days of the invoice will be a material breach.A delinquent payment charge calculated at the rate of 11/2%per month,or if such rate is usurious then at the maximum rate under applicable law,shall be applied to the delinquent payments.In the event of default on the payment provisions herein, Purchaser agrees to pay, in addition to any defaulted amount, all attorney fees, collection cost or court costs 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. KONE shall not be liable for damage or delay caused directly or Indirectly by accidents,embargoes,strikes,lockouts,work interruption or other labor dispute,fire,theft,floods,or any cause beyond KONE's control. Regardless of the type of delay,KONE shall not be liable for any indirect, consequential,or special damages including but not limited to fines,penalties,loss of profits,goodwill, business or loss of use of equipment or property. Purchaser agrees to provide safe access to the equipment and machine room areas. Should conditions develop beyond KONE's control, making the building or premises in which KONE's personnel are working unsafe,KONE reserves the right to discontinue work until such unsafe conditions are corrected. Should damage occur to KONE's material or work on the premises, by fire, theft or otherwise, Purchaser shall compensate us therefore. KONE undertakes to perform this work in conformity with the usual applied codes and standards,however,no guarantee can be made that all code violations or defects have been found. This work is not intended as a guarantee against failure or malfunction of equipment at any future time. It is agreed and understood that KONE Is not responsible for damages,either to the vertical transportation equipment or to the building,or for any personal injury or death,arising from or resulting from any code required safety tests performed on this equipment. Nothing in this agreement shall be construed to mean that KONE assumes any liability of any nature whatsoever arising out of,relating to or in any way connected with the use or operation of the equipment described above. Purchaser shall be solely responsible for the use,repair and maintenance of the equipment and for taking such steps including but not limited to providing attendant personnel,warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment. Neither KONE nor its 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. Purchaser shall at all times and at Purchaser's own cost,maintain a commercial general liability policy covering bodily injury and property damage with the limits of liability Purchasers customarily carry(naming KONE as additional insured)arising out of the services provided under this Authorization and/or the ownership,maintenance,use or operation of the equipment described herein. It Is agreed and understood that Purchaser is solely responsible for ongoing maintenance and care of the equipment described above. IT IS EXPRESSLY UNDERSTOOD,IN CONSIDERATION OF OUR PERFORMANCE OF THIS WORK THAT PURCHASER ASSUMES ALL LIABILITY FOR THE USE,MAINTENANCE OR OPERATION OF THE EQUIPMENT DESCRIBED ABOVE AND FOR ANY INJURY,INCLUDING DEATH,TO ANY PERSON OR PERSONS AND FOR DAMAGE TO PROPERTY OR LOSS OF USE THEREOF,ON ACCOUNT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK TO BE DONE HEREIN,AND AGREES TO THE EXTENT PERMITTED BY LAW 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 INC. Purchaser hereby waives any and all rights of recovery,arising as a matter of law or otherwise,which Purchaser might now or hereafter have against KONE Inc. KONE warrants the materials and workmanship of the equipment for 90 days after completion.Purchaser's remedy is limited to repair or replacement of a defective part,in KONE's sole discretion.The warranty is limited to the replacement or repair of the part itself,and excludes labor.In no event shall KONE be responsible for damage due to normal wear and tear,vandalism,abuse,misuse,neglect,work or repairs or modifications by others,or any other cause beyond the control of KONE.KONE disclaims any other warranty of any kind;either expressed or implied,including without limitation the implied warranties of merchantability or fitness for a particular purpose,or noninfringement. Unless otherwise agreed,it is understood that 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. 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. The terms and conditions set forth herein shall constitute the complete agreement for any work performed,AND shall prevail over and supersede any terms and conditions contained in any documents provided by the Purchaser. The Purchaser does hereby agree the exclusive venue for any dispute between the parties shall be in the county of Rock Island,IL.