HomeMy WebLinkAboutAgr 2000-09-20 (Thyssen Dover) (2)Examinacion and Lubrication Service
Agreement.
To: Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
(Hereinafter Purchaser)
For: Tiburon Police Department
1155 Tiburon Blvd
Tiburon, CA 94920
By: Thyssen Dover. Elevator
14 Commercial Blvd., Suite 113
Novato, CA 949419,
415-883-5700
(Hereinafter Thyssen Elevator)
UNITS TO BE MAINTAINED
Unit Quantity Manufacturer Type of Unit Unit ID or Serial
1 Thyssen Hydraulic 114,246
Thyssen Elevator agrees to provide examination and lubrication service on your elevator
equipment as outlined in this agreement.
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Thyssen Dover Elevator
Examination and Lubrication Service Agreement.
Dependable examination and
lubrication service.
Thyssen Elevator will examine your elevator
twelve (12) times a year. This service
includes the examination; the cleaning and
lubrication of the machine, motor, interlocks,
and controller; the lubrication of guide rails;
and making of minor adjustments at the time
of the regular examinations. We will furnish
the necessary lubricants and cleaning
materials, but do not include the replacement
of hydraulic fluid. This agreement is not for
full maintenance service.
Thyssen Elevator-employed and supervised
elevator technicians, who are among the
most trusted in the industry, will provide all
maintenance courteously and dependably.
We will visit your elevators during normal
business hours, Monday through Friday, 8:00
a.m. to 4:30 p.m. (except scheduled
holidays). You agree to pay for any service,
including overtime work, which is beyond the
scope of this agreement at our usual billing
rates.
At a reasonable cost.
The price for the services as stated in this
agreement shall be Seventy and no cents
($70.00) per month, excluding taxes, payable
monthly in advance. Non-payment by the
Purchaser of any monies owing under this
agreement shall result in the accrual of
interest on the delinquent monies at the
maximum rate allowable by law. Time is of
the essence.
This agreement is effective for five years
starting October 6th, 2000 and is non-
cancelable, except with thirty (30) days
written notice for reasons of non-
performance. To ensure continuous service,
this agreement will be automatically renewed
for successive five year periods, unless either
party timely serves written notice upon the
other party of its intention to cancel at least
90 days before the end of the initial five year
period, or 90 days before the end of any
subsequent five year renewal period. Notice
shall be sent by certified mail, return receipt
requested. Time is of the essence.
Early Payment Discount. If you pay in
advance for twelve (12) months of service on
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the units covered in this agreement, you may full unpaid balance due for the full unexpired
take a 3% discount from the annual price. term of the agreement.
Special conditions.
In consideration of Thyssen Elevator
performing the services herein specified, you
expressly agree to indemnify, defend, save
Your responsibilities.
harmless, discharge, release and forever
Safety. You agree to instruct or warn -
acquit Thyssen Elevator, our officers, agents
passengers in the proper use of the
and employees from and against any and all
equipment and to keep the equipment under
claims, demands, suits, and proceedings
continued surveillance by competent
brought against us or our employees of any
personnel to detect irregularities between
nature whatsoever, including but not limited
elevator examinations. You agree to report
to loss, damage, injury or death that are
immediately any condition that may indicate
alleged to have arisen from or alleged to be in
the need for correction before the next regular
connection with the presence, use, misuse,
examination. You agree to shut down the
maintenance, installation, removal,
equipment immediately upon manifestation of
manufacture, design, operation or condition
any irregularities in operation or appearance
of the equipment covered by this agreement,
of the equipment, notify us at once, and keep
or the associated areas surrounding such
the equipment shut down until the completion
equipment, specifically including claims or
of any repairs. You agree to give us verbal
losses alleged or proved to have arisen from
notice immediately and written notice within
the negligence of Thyssen Elevator or our
ten (10) days after any occurrence or
employees, except that your duty to
accident in or about the elevator. You agree
indemnify does not apply to claims or losses
to provide our personnel a safe place in which
determined to be caused or resulting from the
to work. We reserve the right to discontinue
sole negligence of Thyssen Elevator or our
work in the building whenever, in our sole
employees.
opinion, our personnel do not have a safe
place in which to work. You agree to provide
You expressly agree to name Thyssen
a suitable machine room including secured
Elevator as an additional insured in your
doors, waterproofing, lighting, ventilation and
liability and any excess (umbrella) liability
heat to maintain the room at a temperature of
insurance policy(ies). Such insurance must
507 minimum to 907 maximum. You also
insure us for those claims or losses
agree to maintain the elevator pit in a dry
referenced in the above paragraph, and for
condition at all times. Should water or other
claims or losses arising from the sole
liquids become present, you will contract with
negligence of Thyssen Elevator or our
others for removal and the proper handling of
employees. You hereby waive the right of
such liquids.
subrogation.
Other. You agree not to permit others to
make alterations, additions, adjustments, or
repairs or replace any component or part of
the equipment during the term of this
agreement. You agree to accept our
judgment as to the means and methods to be
employed for any corrective work under this
agreement. In the event of the sale, lease or
other transfer of the elevator(s) or equipment
described herein, or the premises in which
they are located, you agree to see that such
successor is made aware of this agreement
and assumes and agrees to be bound by the
terms hereof for the balance of the
agreement, and subject to termination as
herein provided, or otherwise be liable for the
Other considerations.
We assume no responsibility for any part of
the elevator equipment except that upon
which work has been done under this
agreement. We will examine and lubricate
your equipment in its present condition. No
work, service, examination or liability on the
part of Thyssen Elevator, other than that
specifically mentioned herein, is included or
intended. We assume no responsibility for
any loss or damage resulting from
obsolescence or misuse of the equipment,
another's negligence, loss of power, blown
fuse(s), tripped stop switch(es), theft,
vandalism, explosion, fire, power failure,
water damage, storm, lightning, strikes,
EL 6/00
Examination and Lubrication Service Agreement.
lockouts, acts of God, or any other cause
beyond our control. It is agreed that we do
not assume possession or control of any part
of the equipment and that such remains
yours exclusively as the owner, lessor, lessee
or manager thereof.
Annual price adjustments. As the costs we
incur for providing elevator service increase
and decrease annually, we will adjust the
price of your service accordingly on an annual
basis. We will adjust your monthly price
based on the percentage change in the
average rate paid to elevator examiners. This
rate consists of the hourly rate paid to
examiners plus fringe benefits and union
welfare granted in place of or in addition to
the hourly rate. Fringe benefits include
pensions, vacations, paid holidays, group
insurance, sickness and accident insurance,
and hospital insurance.
Pricing may also increase or decrease in the
event the equipment is modified from its
present state.
Overdue invoices. A service charge of 11/2%
per month, or the highest legal rate,
whichever is less, shall apply to overdue
accounts. If you do not pay any sum within
sixty (60) days from the billing date, we may
also choose to do one of the following: 1)
suspend all service until all amounts due
have been paid in full, or 2) declare all sums
for the unexpired term of this agreement due
immediately and terminate this agreement. If
Thyssen Elevator elects to suspend service,
we shall not be responsible for damages or
injuries to persons or property from the lack
of service. Upon resumption of service, you
will be responsible for payment to Thyssen
Elevator of any costs we incur as a result of
the suspension of service.
shall be entitled to recover all costs and
reasonable attorney's fees.
You hereby waive trial by jury and do further
hereby consent that venue of any proceeding
or lawsuit under this agreement shall be in
the County of Los Angeles in the State of
California.
In the event any portion of this agreement is
deemed invalid or unenforceable by a court of
law, public policy or statute, such finding shall
not affect the validity or enforceability of any
other portion of this agreement.
Our rights under this agreement shall be
cumulative and our failure to exercise any
rights given hereunder shall not operate to
forfeit or waive any of said rights and any
extension, indulgence or change by us in the
method, mode or manner of payment or any
of its other rights shall not be construed as a
waiver of any of its rights under this
agreement.
Acceptance.
Your acceptance of this agreement and its
approval by an authorized manager of
Thyssen Elevator will constitute exclusively
and entirely the agreement for the services
herein described. All other prior
representations or agreements, whether
written or verbal, will be deemed to be
merged herein, and no other changes in or
additions to this agreement will be recognized
unless made in writing and properly executed
by both parties. Should your acceptance be
in the form of a purchase order or other
similar document, the provisions of this
agreement will govern in the event of a
conflict. This proposal is hereby accepted in
its entirety and shall constitute the entire
agreement as contemplated by you and us.
Non-performance. "Non-performance" is
defined as our inability to remedy any
deficiencies within thirty (30) days after
receiving written notification from you.
Other conditions. In the event a third party is
retained to enforce, construe or defend any of
the terms and conditions of this agreement or
to collect any monies due hereunder, either
with or without litigation, the prevailing party
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No agent or employee shall have the
authority to waive or modify any of the terms
of this agreement without the written approval
of an authorized Thyssen Elevator manager.
Accepted:
THYSSEN ELEVATOR COMPANY
14 Commercial Blvd., Suite 113
Novato, CA 94949
Tele: 4 83-6 00
By: V VL,
(Signature of Thyssen Elevator presentative)
Mr. Patrick Ray
Title: Account Representative
Date:
TOWN OF TIB R N
By:
( ignature 0 Authori ed In ividual)
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Aeyi-
(Printed or Typed Name
Title:
Date:
Approved:
By: C
(Signature utl
(Printed oi~Up$ Name)
Title: U
Date: I I/ (
EL 6100