HomeMy WebLinkAboutbocc.con.102.2010CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNII~CG/ARCHIVING ~
CONTRACT #: 10~,-2010
ORIGINATING DEPARTMENT/DIVISION: Airport
CONTACT PERSON: Francey Jesson PHONE #: 429-1870
PROJECT NAME: Runway Weather Information System (RWIS) Service Contract
^ BOCC AGENDA ITEM ~STAFF AUTHORIZED SIGNATURE
(Requires I30CC 5ignature) (per Revised Procurement Code 7/2005)
^ Over "~.SO,iIOQ (Requires County Mana~er's Signature)
/ CHECK PROCUREMENT TYPE:
^None ~Informal ^Formal ~Sole Source DEmergency QState Bid ^
^Compliance with House Bills 06-1343 and 07-1073 - Immigration Form (Under $10,000, Letters of Engagement, etc
I)OLLAR AMOUNT: 8,162.03 13UDG1+;'1' I.INF; I'I'F,M/[..I~:DGF.I.2 NUMf3F..,R: 404.25.00000.82000
/ CHECK CONTRACT TYPE:
~ Serv ices/Maintenance
^License/tlse
^Lease
^Construction
^Goods, Equipment, Supplies
^Dther (e.g. revenue)
^Employment (for county employees)
^lntergovernmental Agreement (Reyuires BOC'C Action)
ONon-Profit
^Quasi-Public
^Grant Agreements (Rec~uires I30t:C' Action)
^Change Order/Contract Amendment
CONTRACTOR: Vaisala COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor)
Contract Execution Date:4/O1/10 Contract End Date: 3/31/13
Automatic Renewal: ~Yes ^No Term of Contract: 3 years
~
$~TO~ All Contracts should be proofed for the following:
/
/ ~No Pages Missing
^If a Page is Left Intentionally Blank -Note on Page (~ QQ~
0
(~ ~
/ ~,,.
~Page numbered consecutively /~ '
/ ~All Signatures Affixed
/ ~All Dates Filled In
/ ~All Other Blanks Filled In
/ ~All Exhibits Attached
/ ~HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
/ ^All Legal Descriptions Attached (if applicable)
/ ^Notice of Award/Notice to Proceed Attached (if applicable)
/ ^Warranty (if applicable)
/ ^Special Instructions for Finance Department:
/ ~Sent to Clerk and Recorder for Scanning/Archiving
/ ~Authorized Staff Person's Name: Francey Jesson
BY CE:IECKIN(:~ A[~OVF., AND GNTFRIN(~ NrA:ME, TIII; AL1TI[ORIZrD STArF PI:RSON [NDICATFS TI-[AT
'I'I-IF A'T' I'ACHED DOC'CIMI?N'T HAS f3H:F;N PROOF:F..ll AN.D RF.AI)Y FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.
AMENDED 04/23/08
Contract # 1(~,-2010
Ledger #404.25.00000.82000
Rev. 3/28/09 jls
CONTRACT FOR PROVISION OF SER VICES
Contract # 10~ 2010
Ledger #404.25.00000.82000
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Vaisala (hereinafter "Contractor").
1. Term. The term of this contract is from 4/O1/10 to 3/31/13.
2. Contractor's Obli at~ns. Contractor shall provide replacement equipment/parts, and/or
on-site maintenance and repair of Runway Weather Information System (System), as identified
in Attachments A and B of this contract.
3. Compensation and Expenses Invoicing= Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and Schedule set
out in Paragraph 2. It is expressly understood and agreed that in no event will the total
compensation and reimbursement to be paid hereunder exceed the annual sum of $8,162.03 for
all services rendered. By contract or amendment, the County and Contractor may reallocate the
budget among project tasks if the total budget amount remains unchanged. Contractor shall
invoice far the project monthly based on hours worked, with payment expected within thirty (30)
days of invoice, but any payment by the County may be offset by any amount the Contractor
owes the County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines
and other documents prepared by Contractor in connection with this contract shall be the
property of the County. However, Contractor shall have the right to utilize such documents in
the course of its marketing, professional presentations, and for other business purposes.
Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant
to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3)
distribute copies to the public; 4) perform the works publicly; and 5) to display the work
publicly. Contractor shall have right to use materials produced in the course of this contract for
marketing purposes and professional presentations, articles, speeches and other business
purposes.
~,:, ...
Contract #10~,-2010
Ledger #404.25.00000.82000
Rev. 3/28/09 jls
5. Pitkin County's Obli at~ions. Pitkin County shall administer this contract through a
County Representative. Francey Jesson, Assistant Aviation Director/Operations will manage the
project as the County's Representative. In the event that Francey Jesson is not available, Fil
Meraz, Airport Operations Coordinator shall assume the County Representative's duties. The
services provided and products delivered by the Contractor under this contract will be subject to
review by the County's Representatives, or a designee, for compliance with Contractor's
obligations prior to final payment.
6. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this contract, with or without cause, by giving written notice to the Contractor of such
termination and specifying the effective date thereof. Such notice shall be given at least ten (10)
days before the effective date of such termination. In such event all finished or unfinished
documents, data, studies and reports prepared by the Contractor pursuant to this contract shall
become the County's property. Contractor shall be entitled to receive compensation in
accordance with the contract for any satisfactory work completed pursuant to the terms of this
contract prior to the date of termination. Notwithstanding the above, Contractor shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the contract by the Contractor.
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent Contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of
Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this contract. Contractor may choose to work for other individuals or entities during the term of
this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8 Assi nabilitv. This contract is not assignable by either party. Any use of subcontractors
by the Contractor for performance of this contract must be accepted in writing by the County.
9. Bindin Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
Contract # 10~-2010
Ledger #404.25.00000.82000
Rev. 3/28/09 jls
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
10. Severabilitv. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. Inte~ration and Modification.
A. This contract represents the entire and integrated contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract, either written or
ora1. This contract may be amended only by written contract signed by both the County and the
Contractor.
B. The County may, from time to time, request changes in the scope of services of
the Contractor to be performed hereunder. Such changes, including the increase or decrease in
the amount of the Contractor's compensation, which are mutually agreed upon between the
County and the Contractor, shall be in writing and upon execution shall become part of this
contract.
12. Indemnitv.
The Contractor (including, by definition here and hereinafter, its officials, employees, agents and
representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify
and hold harmless the County of Pitkin and its officials, employees, agents and representatives from
and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (in-
cluding costs of investigation and defense), fees (including reasonable attorney and expert witness
fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury
or property damage arising out of or in connection with any negligent act, intentional act, error or
omission by the Contractor, and for any consequential liability alleged to accrue against the County
on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity
shall not be construed as an indemnity for bodily injury or property damage arising from the sole
negligence of the County or its employees.
The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend,
pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all
other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or
fraudulent.
13. Insurance.
A. In whole or in part, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County and others as specified, from claims for
bodily injuries, death, personal injury or property damage, which may arise out of or result from
the Contractor's acts, errors or omissions. The following insurance coverage, at or above the
limits indicated and including such endorsements as are indicated by an "X", are required:
3
Contract # 1(Y~,-2010
Ledger #404.25.00000.82000
Rev. 3/28/09 jls
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability - ISO 1998 Form or equivalent
(With Counry named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks) to include
X Premises/Operations
Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X PersonalInjury
4
Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,000.000.00
_ (9) Crime, including Employee Dishonesty Coverage, or
Fidelity Bond
Special Coverages (check as appropriate and insert amount):
_ (1) Performance Bond
Labor and Material
Payment Bond
_ (2) Professional Errors and Omissions
_ (3) Aircraft Liability
_ (4) Owner's Protective
_ (5) Builder's Risk
_ (6) Boiler and Machiriery
_ (7) Loss of Use Insurance
_ (8) Pollution Liability
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the
County through the representative identified in Paragraph 5, no later than ten (10)
calendar days prior to commencement of operations affecting the County. Failure to file
or maintain acceptable Certificates of Insurance with the County is agreed to be a
material breach of any contract. These Certificates of Insurance shall contain a provision
that coverage afforded under the policies will not be canceled or materially altered unless
at least thirty (30) calendar days prior written notice by certified mail, return receipt
requested (effective upon proper mailing), has been sent to the County (through the
County's Risk Department). (For purposes of this provision, "materially altered" shall
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Contract # 10~ 2010
Ledger #404.25.OOOQ0.82000
Rev. 3/28/09 jls
mean a change affecting the coverage's required herein, including a change to policy
limits as set out in the then-current policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
County's Risk Department (and promptly update, as necessary) a certified statement as to
claims pending against the required coverages, reserves established on account of such
claims, defense costs expended and amounts remaining on policy limits.
2. In addition, these Certificates of Insurance shall contain the following
clauses:
a. The clause "other insurance provisions," in a policy in which the
County of Pitkin holds a Certificate, shall not apply to the County of Pitkin.
b. The insurance companies issuing the policy or policies hereunder
shall have no recourse against the County of Pitkin for payment of any premiums or
for assessments under any form of policy.
c. Any and all deductibles in the above-described insurance policies
shall be assumed by and be for the amount of, and at the sole expense of the
Contractor.
d. Location of operations shall be: "all operations and locations at
which work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except
for any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy
and any policy endorsement at any time during the term of this contract.
14. Exemptions and Preferences. All purchases of construction or building or any other
materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales
or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and
84-78000-SK.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents concerning its performance relating to this contract for a period of three
(3) years after final payment under the contract and the County shall have the right within the
three (3) year period to inspect and audit these books, records and documents, upon demand, in a
reasonable manner and at reasonabie times, for the purpose of determining, by accepted
accounting and auditing standards, compliance with all provisions of the contract and applicable
law.
16. Contract Made in Colorado. The parties agree that this contract was made in accordance
with the laws of the State of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
Contract #10~-2010 Rev. 3/28/09 jls
Ledger #404.25.00000.82000
17. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions
of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party
shall be entitled to its costs and reasonable attorney's fees.
18. Governmental Immunitv. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this contract, the monetary limitations or
terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101,
et. Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted
to require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
19. Current Year Obli ations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provisions of the contract shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No
provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct
or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate
Pitkin County to make any payments beyond those appropriated for Pitkin County's then current
fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any
class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the
future issuance of Pitkin County's bonds or any obligations payable from any class or source of
Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through
any of the following: (1) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of
being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
A. To Pitkin County
Francey Jesson, C.M.
Assistant Aviation Director/Ops
Aspen/Pitkin County Airport
0233 E. Airport Rd., Suite A
Aspen, CO 81611
Fax: (970) 920-5378
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
CD
Contract #10~-2010
Ledger #404.25.00000.82000
Rev. 3/28/09 jls
B. To Contractor:
Vaisala Inc. ~
194 South Taylor Avenue
Louisville, CO 80027
21. Compliance with House Bill 06-1343 and House Bi1107-1073
A. In compliance with House Bi1106-1343 and House Bill 07-1073 amending Title 8
of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract
for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not:
1. Knowingly employ or contract with an illegal alien to perform work under
this contract or;
2. Enter into a contract with a subcontractor that fails to certify to the
. Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the
General Assembly of the State of Colorado:
1. The Contractor has confirmed or attempted to confirm the employment
eligibility of all employees who are newly hired for employment in the United States
through participation in the Basic Pilot Program [created in Public Law 208, 104th
Congress, or its successor and expanded in Public Law 156, 108~" Congress, or its
successor, that is administered by the United States Department of Homeland Security]
and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into
this contract, the Contractor shall apply to participate in the Basic Pilot Program every
three months until the Contractor is accepted or this contract has been completed,
whichever is earlier. This provision shall not be required or effective if the Basic Pilot
Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this contract
is being performed.
3. If the Contractor obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
a. Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
7
Contract # 1(~; 2010
Ledger #404.25.00000.82000
Rev. 3/28/09 jls
b. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (a) of this
paragraph (3) the subcontractor does not stop employing or contracting with the
illegal aliens; except that the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
4. The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an investigation that the
Department of Labor and Employment is undertaking pursuant to the authority established
in Subsection (5) of C.R.S. § 8-17.5-102.
IN WIT`NESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONTRACTOR:
By:
O behalf f Vaisala :Jerry Waldman
Title: Central
Date
COUNTY CO,~VIMISIONERS OF PITKIN COUNTY, COLORADO:
BY~ ` ~ /~
~J
Francey Jesson a
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~~~~~~~
Vaisala Service Agreement
.. _ _.
Custc~mer
Aspen Airport / Pitkin County 618362
233 E Airport Rd
E Concourse, Suite A
Aspen, CO 81611
(referred ta as "the Customer')
Validi#y af the Agreement
Agreement No.: TBD
Start Date: April 15t, 2010
End Date: March 31gt, 2013
This Agreement shalf be prolonged by one year
at a time after the end date, unless terminated
by notice in writing at least sixty (60) days
before the expiration of the current Agreement
period.
Agreed Fees for the Services. AI{ fees and
reimbursements are exclusive of any value added
tax (VAT), sales tax and other applicable taxes or
duties, which shall be payable by the Customer in
accordance with applicable laws. {n case of
~rolonaed aareement. annual fee mav be subiect to
at maximum, a three percent (3%) increase per
Year•
Customer Contact
Name: Fil Meraz
Phone: (970) 429-1872
Email: Fil.Meraz@co.pitkin.co.us
Vaisala Inc.
Vaisa{a Service Agreement
Cantractoc
194 South Taylor Avenue
Louisville, CO 80027
USA
(referred ta as °Vaisala")
Scope: This agreement covers the agreed service
and maintenance ("the Services") of the agreed
Weather Observation Systems ("the System")
indicated below and more closely specified in Annex 1
Invoicing Schedule:
_ __ . __ . _.., ___ ~
Annually ~ _ i Semiannuall~r E _
_ .. _..
.. _. _
-._ ....
Quarterly ~_ _ Monthly ; X f
Payment Terms: Net 30 {Advance)
Agreemen# Periad Fee {USD)
3 Years 8,162.03 per
year
Vaisala Cont~ct
Name: Jerry Waldman
Phone: (660) 438-5948
Email: jerry.waldman@vaisala.com
This Agreement represents the entire understanding of the parties with respect to the subject matter hereof
and, as of its entering into force, supersedes all prior communications, representations and agreements,
whether ocal or written, with respect to the same subject matter. fn all other respects this agreement will be
governed by Vaisala General Conditions of Service. The priority order of these documents shall be:
1, This Service Agreement; and 2. Vaisala General Conditions of Service:
(www.vaisala.comlconditionsofservice/conditionsofserviceus.pdfl
The following Annexes form in integral of this agreement: Annex 9: System and Service specific conditions.
Annex 2; Service rates and contact methods. Appendix A: Warranty terms and conditions:
(http://www.vaisala.com/files/Warranty.pd fl
On behalf of Customer:
Name
On behaff of Vaisala:
Date Jerry Waldman
Date
~
Af:f:,achmerit: A
~~~~~~~
Vaisala Service Agreement
ANNEX 1: System and Service specific conditions
1.1 System Details:
The following Vaisala products and software are covered under this agreement:
Descr-pti~n `- i~~:m Cocte Serial Number S!ite Address
1 RPU system and all
associated Sensors
1 Scan System Software
system
Agreement Performance
In the event that either party is prevented from performing or is unable to perform any of its
obligations under this Agreement (other than a payment obligation) due to any act of God, acts of
the Government in either its sovereign or contractual capacity, bodies, fire, casualty, flood,
earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection,
Materials unavailability, or any other cause beyond the reasonable control of the party invoking
this section (collectively, a"Force Majeure"), and if such party shall have used its commercially
reasonable efforts to mitigate its effects, such party shall give prompt written notice to the other
party, its performance shall be excused, and the time for the pertormance shall be extended for
the period of delay or inability to perform due to such occurrences. Regardless of the excuse of
Force Majeure, if such party is not able to perform within ninety (90) days after such event, the
other party may terminate the Agreement.
1.2 Services included in this agreement:
• Priority Email Support
• Phone Support Office Hours
• Spare Parts, Express Exchange
• Preventive Maintenance, On-site
• Special contract services and notations
1.3 Service specific conditions:
Prioritv Email Support
The Service covers:
• Access by e-mail to Vaisala HelpDesk. Vaisala's HelpDesk Customer Support team will assist with
the following:
o Warranty issues.
o Repair and calibration services.
o Spare parts and accessories.
o Perceived functionality problem in a product or component.
o Troubleshooting and possible further consulting.
• Each service case is handled by a dedicated technical expert.
• Support requests will be answered within one business day.
• All service cases are logged and tracked until resolution.
2
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~~ ~~~ ~ Vaisala Service Agreement
• The service is available during normal business hours of the applicable Vaisala service office.
The Service requires:
• Customer must submit sufficient material and information to the HelpDesk in order to ensure that
Vaisala's support staff may duplicate the problem and assist with the problem in case.
• Vaisala's RMA procedure (Return Material Authorization) is used to track all customer returned
material. (Depot Repairs, Express Exchange)
• Customer must identify agreement number in all correspondence in order to have access to this
service.
Phone Supuort Office Hours
The Service covers:
. Access by phone to the Vaisala HelpDesk. Vaisala's HelpDesk Customer Support team will assist
with the following:
o Warranty issues.
o Repair and calibration services.
o Spare parts and accessories.
o Perceived functionality problem in a produet or component.
o Troubleshooting and possible further consulting.
• Each service case is handled by a dedicated technical expert.
• Support requests will be answered as promptly as possible.
• All service cases are logged and tracked until resolution.
• The service is available during normal business hours of the applicable Vaisala service office.
The Service requires:
• Customer must submit sufficient material and information to the HelpDesk in order to ensure that
Vaisala's support staff may duplicate the problem and assist with the problem in case.
• Vaisala's RMA procedure (Return Material Authorization) is used to track all customer returned
material. (Factory Repairs, Express Exchange)
• Customer must identify agreement number in order to have access to this service.
Express Spare Part Exchange
The Service covers:
• The Customer can order this service through the Vaisala Helpdesk.
• Should the System fail, this service provides the Customer with a replacement part in advance of
the Customer returning the failed part.
• Request is handled and Depot Spare Parts are dispatched CIP to the Customer (INCOTERMS
2000) next business day.
• Depot spare parts supplied by Vaisala may be new or refurbished. Refurbished parts will be ful{y
functional and tested by Vaisala.
• Depot spare inventory is owned and controlled by Vaisala.
The Service requires:
• When a spare part has been repiaced the Customer must return the original part (if not otherwise
indicated) to the Vaisala Depot.
• Customer is required to identify agreement number in all correspondence in order to have access
to this service.
,
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_
Vaisala Service Agreement
Service specific conditions:
• If the original spare part is not returned to Vaisala within thirty (30) days after the Customer has
received exchange spare part, the full list price of the new spare part will be charged.
• Original parts returned to Vaisala will become property of Vaisala.
• Spare parts will be invoiced separately, unless covered under warranty.
• Spare parts price list may be subject to change.
Preventive Maintenance, On-site
The Service covers:
• Preventive Maintenance consists of one (1) regular system maintenance per year performed at the
Customer's site. Preventive maintenance typically includes checking the condition of the Equipment,
functional check, adjustments, provision and replacement of failed components, computer file
maintenance and cleaning in accordance with the manufacturer's User's Guides and/or
Maintenance Manuals and Vaisala's standard procedures.
• Preventive Maintenance is performed by a qualified field technician. Customer or other third parties
shall not without Vaisala's consent carry out the maintenance specified in the Contract.
• Vaisala shall make a report in writing containing observations and the actions taken. Vaisala shall
provide a copy of the report to the Customer each time maintenance work is performed.
• Vaisala shall notify the Customer at least one week in advance of the estimated time when the
preventive maintenance will be carried out.
• If Repair On-site is carried out shortly before preventive maintenance is due, Vaisala may, with the
Customer's consent, thereby also carry out the preventive maintenance. For such coordinated
maintenance Vaisala may not charge the Customer for any costs which are already covered by the
agreed fee for preventive maintenance.
• Preventive maintenance shall include all labor carried out by Vaisala. If Vaisala personnel are
required to work outside normal working hours, or to wait due to circumstances for which the
Customer is responsible, then the related costs shall be invoiced separately at cost.
The Service requires:
• Customer shall be responsible for the necessary daily care of the equipment and keep a
maintenance log of the operation and care of the System if required.
• Customer shall ensure that Vaisala has access to the Equipment at the agreed time for
maintenance.
Special contract services and notations
This Service agreement also covers:
• 5 day response time
This Service agreement DOES NOT cover:
• Yearly RWIS Online Navigator Fees.
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Vaisala Service Agreement
ANNEX 2: Service rates and contact methods
2.1 Service rates for additional Services
If additional services are required by the Customer, such services are quoted case by case by Vaisala.
2.2 Contact methods for technical support
Vaisala HelpResk is a contact paint for all agreed services.
Phone support may also be a local service depending on #he Service Agreement level and type.
Email: helpdesk(a~vaisata.com
Phone: 800-325-7226
Contact details : www.vaisala.com/servicecenters
2.4 Customer Complaint Procedure
Vaisala operates a Customer Complaint Management procedure.
If you wish to raise a formal complaint over the quality of goods and/or services supplied by Vaisala, please
make it in writing to the Customer Complaints Manager. We will acknowledge receipt of the complaint by
giving you a unique reference number and will inform you of our action plan to resolve the complaint within
one working day. The complaint will then remain open until you are satisfied that the matter has been
resolved,
The Customer Complaints Manager is Glen Nicholls
E-mail address: glen.nichollsCilvaisala.com
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