PREVENTIVE MAINTENANCE SERVICE TECHNICIAN GUIDELINES
WHEN HJ WATERJET, INC. (HEREINAFTER REFERRED TO AS THE PROVIDER) PROVIDES THE SERVICES OF A SERVICE TECHNICIAN (HEREINAFTER REFERRED TO AS THE TECHNICIAN) TO CONSULT WITH AND ADVISE THE PURCHASER IN THE INSTALLATION, STARTING UP AND/OR OVERHAUL OR MAINTENANCE OF EQUIPMENT OF HJ WATERJET, INC., SUCH TECHNICIAN SHALL NOT BE RESPONSIBLE FOR THE PROCUREMENT OF ANY LABOR OR MECHANICAL WORK PERFORMED BY OTHERS.
THE TECHNICIAN SERVICES SHALL BE FURNISHED UNDER THE FOLLOWING:
1) ALL NECESSARY UTILITIES SHALL BE FURNISHED BY THE PURCHASER AT THEIR EXPENSE.
2) THE PURCHASER SHALL PROVIDE ALL TOLLS AND EQUIPMENT REQUIRED FOR ANY INSTALLATION OR SERVICE WORK. THE TECHNICIAN MAY BRING WITH THEM OR SHIP THE JOBSITE ANY SPECIAL TOOLS WHICH ARE AND SHALL REMAIN THE PROVIDER’S PROPERTY. IF SUCH TOOLS ARE TOO HEAVY FOR TRANSPORT BY THE TECHNICIAN, THE PURCHASER SHALL ASSIST IN ARRANGING FOR THEIR RETURN TO A LOCATION DESIGNATED BY THE PURCHASER AT THE COMPLETION OF THE SERVICES.
3) THE PROVIDER SHALL BE REIMBURSED BY THE PURCHASER FOR ALL TRANSPORTATION COST (INCLUDES A 15% SURCHARGE) FOR ANY REQUIRED SPECIAL TOOLS OR EQUIPMENT PLUS REPLACEMENT COSTS FOR ANY OF THESE ITEMS WHICH ARE NOT RETURNED TO THE PROVIDER AT THE COMPLETION OF THE SERVICES.
4) THE TECHNICIAN SHALL BE SUFFICIENTLY COVERED BY INSURANCE IN THE AREAS OF GENERAL LIABILITY. CERTIFICATES CONFIRMING THIS INSURANCE COVERAGE ARE OBTAINABLE UPON REQUEST. THE PROVIDER SHALL IN NO EVENT BE LIABLE FOR ANY LOSS COVERABLE BY THE PURCHASER UNDER INSURANCE POLICIES COVERING PURCHASER’S PROPERTY.
5) THE TECHNICIAN WILL EXPECT TO WORK CONSECUTIVE DAYS UNTIL THE CONTRACTED WORK IS COMPLETE. FOR ANY DAY THE TECHNICIAN IS AVAILABLE FOR WORK AND IS DENIED ACCESS, WITH THE EXCEPTION OF NATIONAL HOLIDAYS, THE PURCHASER WILL BE INVOICED BY THE PROVIDER FOR EITH (8) HOURS AT THE HJ WATERJET, INC. RATE IN EFFECT AT THE TIME OF SERVICE PLUS LIVING EXPENSES FOR THE DAY.
6) THE PROVIDER AGREES THAT THE TECHNICIAN WILL PROVIDE THEIR BEST EFFORTS IN EFFECTING REPAIRS TO EQUIPMENT SUPPLIED BY THE PROVIDER BUT PROVIDES NO GUARANTEE THAT SUCH BEST EFFORTS WILL RESULT IN RESTORATION OF PROPER OPERATION OF EQUIPMENT THE TECHNICIAN IS CONTRACTED TO PREPARE.
7) THE PROVIDER SHALL BE PERMITTED TO ASSIGN ALL OR ANY PORTION OF ITS PERFORMANCE UNDER THIS CONTRACT TO A SELECTED PROFESSIONAL SERVICE ORGANIZATION WITHOUT PRIOR CONSENT OF THE PURCHASER.
8) ALL NECESSARY WORKMEN (COMMON, SEMI-SKILLED AND SKILLED), TOGETHER WITH PROPER LABOR SUPERVISION SHALL BE FURNISHED BY THE PURCHASER AT THEIR EXPENSE. QUALIFIED SUPPORT LABOR MUST BE AVAILABLE TO THE TECHNICIAN AT ALL TIMES DURING THE TECHNICIAN’S WORK HOURS. THE TECHNICIAN IS PROHIBITED BY THE PROVIDER FROM WORKING ALONE.
9) THE PROVIDER ACCEPTS NO RESPONSIBILITY FOR MATERIAL OR THE ACTS OF MEN FURNISHED BY THE PURCHASER. THE PROVIDER IS NOT RESPONSIBLE FOR THE RATE OF PROGRESS OR THE DATE OF COMPLETION OF WORK NOR FOR INCORRECT OPERATION OR DAMAGE INCURRED DUE TO IMPROPER STORAGE OR HANDLING.
10) THE PROVIDER AND ITS AFFILIATES OR SUPPLIERS SHALL IN NO WAY BE LIABLE TO PURCHASER, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OF THIS CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT OR ANY BREACH THEREOF OR ANY DEFECT IN OR FAILURE OF EQUIPMENT OR MACHINERY WHETHER BASED UPON LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST, LOST GOOD WILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION, COST OF PURCHASE OF REPLACEMENT POWER OR CLAIMS OF PURCHASER OR CUSTOMERS OF PURCHASER FOR SERVICE INTERRUPTION, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE. THE TOTAL LIABILITY OF THE PURCHASER UNDER THIS CONTRACT IN ALL OTHER RESPECTS SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SERVICES FURNISHED HEREUNDER.