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1 �2 /ZI /2003 FRI 12:02 FAQ 562 799 9443 JCI OPERATIONS CYPRESS
<br />TERMS AND CONDITIONS
<br />TERMS
<br />1) DEFINITIONS
<br />(a) COVERED EQUIPMENT moans the equipment for which services are to be
<br />provided under this Agreement Covered Equpmem am defined by the
<br />apptkabio Assurance. So vices pages and Equipment Lists attached to this
<br />Agreement.
<br />(b) EQUIPMENT FAILURE means the sudden amid accidental failure of moving
<br />parts or electric or electronic components that are part of the Covered Equipment
<br />and that are necessary for Its Operation.
<br />(c) SCHEDULED SERVICE VISITS include Labor "[red to perform inspections
<br />and provenlive maintenance on Covered Equipment.
<br />(d) SCHEDULED SERVICE MATERIALS include materials required to perform
<br />Scheduled Service Visits on Covered Equipment
<br />(A) REPAIR LABOR includes tabor necessary to restore Covered Equipment to
<br />werktng Condition totlowfng an Equipment Failure and excludes total equipment
<br />roplacement due to obsolescence or unavailability of parts.
<br />(1) REPAIR MATERIALS includes materials necessary to restore Covered
<br />Equipment to working condition following an Equipment Failure and excludes
<br />JOW equlpmonl mplacement due to obsolescence or unavailability of parts. At
<br />JCrs option, Repair i-Utedats may be new, urged, or reconditioned. All Repair
<br />Materials are covered by the warranty as described below.
<br />2) SERVICE COVERAGE OPTIONS
<br />(a) BASIC COVERAGE ktefudes Scheduled Service Male, Pius Scheduled
<br />Service Materials If abewham noted In this Agreement, for Covered EgtripmeM
<br />(b) PREMIUM LEVEL COVERAGE Includes BASIC COVERAGE as well as
<br />Repair Labor, plus Repair Material C etsewhere noted in this Agreement, for
<br />Covered EgVomerrL
<br />(c) PRIME LEVEL COVERAGE includes BASIC COVERAGE as welt as Repair
<br />Labor, plus Repair Materials it elsewhere set forth in this Agreement, for Covered
<br />Equipment consisting of centrifugal, absorption, or screw chillers. PRIME LEVEL
<br />COVERAGE also Includes Repair labor, and Repair Materials If odhaewfse set
<br />forth in this Agreement, for diagnosed Imminent equipment failure as well as
<br />actual Equipment Fagum. PRIME LEVEL. COVERAGE Includes the following
<br />services and requirements.
<br />JCI will analyze diagnosfit tests including Pto-Vue Vibration Analysis.
<br />speetrochem'ucai oil analysis, and megolm readings. AN diagnostic test" must
<br />be poAormed at JCt- specified test standards. K als w m rioted in this
<br />Agreement coverage will nckude Repair Labor and Repair Material for heat
<br />exchanger tubes H an Eddy Current Analysis. acceptable to JCt. has been
<br />performed in the three years prior to this Agreement and I. provided to JCI, or
<br />such a test will be performed as part of this Agreement.
<br />-- Should JCL's analysis suggest the existence or the possibility of equlptmenl
<br />deterloration outside anttclpated ce acceptable corx6tiorrc. JCI may at its option
<br />take corrective steps necessary to prevent hirther detadoradicn or breakdown
<br />of the Covered Equipment. JCI retains sole Judgment over whether oquiprnsnt
<br />condiliom are considered acceptable, whether corrective ste* should be
<br />taken, or what steps, if any, need to be taken. Performance of any corrective
<br />steps under this PRIME coverage Is not 'A guarantee that Equilmmeint Failure or
<br />downtime will not occur.
<br />3) EXTENDED SERVICE Includes extended sorvice for repairs and s available
<br />only If Customer ha: PREMIUM or PRIME coverage. The price for Extended
<br />Service, If chosen by Customer, Is pan of the total pros Customer will pay.
<br />- Should a defect be found during an Extended Servico visit that JCI Is not
<br />responsible for under this Agreement. Customer agrees to pay JCI's standard
<br />fee for any services rendered.
<br />— Should Repair labor or Repair Materials be performed in periods beyond the
<br />Extended Service period, Customer agrees to pay JCI's standard foe for any
<br />corvices rendered beyond the Extended Scrvico period
<br />CONDITIONS
<br />A INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME
<br />COVERAGES
<br />JCI will Inspect the Covered Equipment within 45 days of the date of this
<br />Agreement or as seasonal or operational conditions permit JCI will advise
<br />Customer d JCi finds any Covered Equipment rot in working order or In need of
<br />repair. With the Customers approval, JCI will perform the work necessary to put
<br />the Cowered Equipment in proper working condition. This work will be done at
<br />JCL's standard fee for pans and tabor In effect at that time. C tho Customer does
<br />not want JCt to do the work identified by JCI, or N Customer does not have the
<br />work done, the equipment will be removed from the list of Covered Equipment
<br />and the price of this Agreement will then be adjusted.
<br />B. WARRANTY
<br />2008/013
<br />defective parts of to property redo defective services, JCt DISCLAIMS ALL
<br />OTHER WARRANTIES ON THE EOUIPMENT FURNISHED UNDER THIS
<br />AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
<br />C. SCOPE OF SERVICE
<br />Customer understands that JCI is a provider of services under this Agreement
<br />JCI shalt not be considered a merchant or a vendor of goods. If JCI Instals or
<br />furnishes a piece of equipment under this Agreement, and that equipment is
<br />covered by a warranty from the manufacturer. JCl will transfer the benefits of that
<br />mane lacturers wamanty to Customer C this Agreement with Customer terminates
<br />before the equipment manufacturers warranty expires.
<br />D. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCt
<br />1) The Customer warrants that. to the best of the Customers knowledge, that all
<br />Covered Equipment Is In good working condition and that the Customer has
<br />given JCI all Information of which Customer is aware concerning the condition of
<br />the Covered Equipment
<br />2) The Customer agrees that, during the term of this Agreement, the Cuslomerwill:
<br />(a) operate the Covered, Equipment aging to the mamlacturses
<br />recommendations:
<br />(b) keep accurate and current work logs and information on the Covered Equipment
<br />as recommended by the manufacturer,
<br />(c) provide an adequate environment for Covered Equipment as recommended by
<br />the manufacturer or as recommnended by JCI, Irctudig adequate space,
<br />alechiral power, ale conditioning. and furfnidrty control;
<br />(d) notify JCI Immediately of -any equipment malfunction, breakdown. or other
<br />- condition affecting the operation of the Covered Equipment,
<br />(a) allow JCt to start and stop, periodicaly turn off, or otherwise change or
<br />temporatuy smpond equipment operations to that JCI can perform the services
<br />required wider this Agreement and
<br />(f) provide proper condenser and bolter water treatment. as necessary, for ft
<br />proper functioning of Covered Equipment. if such services are not JCI's
<br />responsibility, under this Agreement.
<br />3) The Customer acknowledgos that its failure to meet these obligations wit relieve
<br />JCI of any responsibldty for any equipment breakdown, or any necessary repair
<br />or replacement, of any equipment
<br />E. CHANGES TO CUSTOMER EQUIPMENT
<br />The Customer reta'ms the tight to make changes or alterations to Ns Equipment
<br />if, in JCL's opinion, such changes or alterations substantially affect JCL's services
<br />or obligations, JCi shad have the right to make appropriate changes to the scope
<br />or to the price of this Agreement or to both
<br />R ACCESS
<br />The Cia slomer wig give JCI full access to an equipment that is either Covered
<br />Equipment or associated with ft cation JCI requests such secess. If access
<br />cannot be provided, JCL's obligations under this Agreement will be suspended
<br />until such access to the oquipment is provided. Matters affecting JCL's access to
<br />the equipment May Include, but are not limited to, the removal, replacement,
<br />repair, refinishing. restoration, racwmt ucto or other remedial actions taken by
<br />the Customer with rosped to equipment or to the Customers facility.
<br />Suspension of JCrs duties for this reason will rot cancel Or suspend any of the
<br />Customers obligations under this Agreement
<br />G. EXCLUSIONS
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<br />JCI warmnLs that its services will be provided In a good and workmanliko manner 9)
<br />and Clot pars repaired or replaced by JCI will be free from defects in
<br />JCL's services under this Agreement do not Include:
<br />supplies, accessories. or any hems normally consumed during the use of
<br />Covered Equipment, such as ribbons, bulbs, and paper
<br />calls resulting from lack of operator-level preventive mai tenarico, site - related
<br />problems, or operator error
<br />service calls due to failures resulting from ads of God, abuse or misuse of
<br />equipment, or alterations, modifications, or repairs to equipment not performed
<br />or provided by JCI:
<br />the furnishing of materials and suppoos for painting or refinishing equlpment;
<br />electrical work to the Customers facility necessary because of equipment
<br />service calls resulting from attachments made to Covered Equipment or otter
<br />Equipment not Covered by this Agreement;
<br />the repair or replacement of ductwork, casings, cabinets, structural supports.
<br />tower fillfriats/besin, hydronle and pneumatic piping. and vessels, gaskos. and
<br />piping not normally replaced or maintained on a scheduled basis, and removal of
<br />oil from pneumatic piping;
<br />service calls resulting from the effects of erosion, corrosion, acid cleaning, or
<br />damage from unexpected or especially severe Reo2ing Weather that Is beyond
<br />what is prevented by JCI's normal maintenance;
<br />work caused by any operation of, adjustments to, or repair to, Covered
<br />Equipment by others not authorized In advance by JCI;
<br />wtirkmansh p, design, and material until Ih0 end of this Agreement or for one
<br />year, whichever is earlier. JCL's sole obligation $hail be to repair of to replace
<br />Southern California Area Office (562) 799 -8882
<br />5770 Warland Drive, Cypress, CA 90630
<br />Additional Ternls and Conditions follow
<br />Customer P.O. #
<br />Renewal Date: _
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