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HomeMy WebLinkAbout82- Elevator Service Agreement 411 , EXAMINATION, -- r OIL AND GREASE SERVICE AGREEMENT Under the terms and conditions of this contract,we will examine the elevator equipment herein described, using skilled maintenance men under our supervision This service shall include the labor necessary for the making of monthly examinations of the elevator, including cleaning and oiling machine, motor, signal de- vices, interlocks and controller; greasing or oiling guides, necessary minor adjustments at the time of the regular examinations and furnish the necessary oils and greases, rope preservatives and wiping cloths. This proposal does not include examinations to hoistway enclosures, doors, hangers or closers. No work, parts or supplies, except those specified herein, will be furnished under this agreement All work is to be performed during regular working hours of regular working days,of the elevator trade, unless otherwise specified Should call back service or repairs be re- quired, you will be billed for labor and material at our regular billing rate The parties hereto recognize that elevators are mechanical and electrical devices, and, like any such devices in normal "operation and with passage of time,are subject to wear and tear, deterioration and possible malfunction through use, fatigue, corrosion, dust, abuse, etc The purpose of this agreement is to reduce wear and prolong the useful life of moving parts through proper lubrication and examination We undertake to perform these services in conformity with the usual applied standards but no guarantee is made that all defects have been found Form 1426 * The schedule below lists items which are considerably worn, and which will require re- placement soon We are accepting them in their present state in order to provide you with the maximum service from these items, with the understanding that, in addition to the base price stated in this Agreement, you agree to pay us an additional amount at the time the listed items are first replaced. The additional charge for this replacement will be determined by pro-rating the total cost of replacing the individual items. You agree to pay for that portion of the items used prior to the date of this contract and we agree to pay for that portion used since the date of this contract. SCHEDULE PART TO BE PRO-RATED PART NAME DATE OF ORIGINAL INSTALLATION *The above paragraph and schedule does not apply. Montgomery Elevator Company shall not be obligated to make other safety tests, or to install new attachments whether or not recommended or directed by insurance com- panies, or by federal,state,municipal,or other governmental or non-governmental author- ities. Montgomery Elevator Company shall not be required to make renewals or repairs necessitated by the negligence, misuse or obsolescence of the equipment or any other cause beyond its control except ordinary wear and tear. Nothing in this Agreement shall be construed to mean that Montgomery Elevator Com- pany, assumes any liability for damages or otherwise on account of accidents to persons or property, including but not limited to accidents arising or resulting from the overloading and/or misloading of any elevator or other device covered by this contract, beyond its rated capacity. You shall be solely responsible for supervising the use of the equipment and you shall provide whatever attendent personnel,warning signs and other controls and cautions that may be required or desirable to insure safe operation. You shall at all times be solely liable for the operation of the equipment and you shall indemnify, protect and save harmless Montgomery Elevator Company from and against liabilities, losses and claims of any kind or nature imposed on, incurred by, or asserted against Montgomery Elevator Company arising out of the active or passive negligence of Montgomery Elevator Company in any way connected with the use or operation of the equipment. You hereby waive any and all rights of recovery, arising as a matter of law or otherwise which you might now or hereafter have against Montgomery Elevator Company. Neither Montgomery Elevator Company nor its affiliates shall be liable for any loss, damage, detention or delay caused by accidents, strikes, lockouts, material shortages or by any other cause which is beyond its reasonable control, or in any event, for inci- dental or consequential damages. Montgomery Elevator Company shall not be liable for any work, service or material other than that specifically mentioned herein, • Form 1427 Rev 5i/9 PURCHASER: City Hall P• 0. Box 640 I Contract Number Bozeman, MT 59715 (Submission Date January 29, 1982 Effective Date J Passenger Freight MAKE ESCALATOR OTHER Traction Hydro Traction Hydro Monteomery one II I II MONTGOMERY ELEVATOR COMPANY, in consideration of f 48.oo payable by you monthly in advance, hereby agrees to furnish services as herein described on the above equipment located at Bozeman Municipal Center — Bozeman, Montana At the termination of each one-year period from the date of submission of this Agreement, the price will be increased or decreased by the percentage of increase or decrease in the then current straight-time hourly rate for Elevator Constructor Mechanics where the equipment is maintained. Present mechanic rate is 815.985 . You shall pay, in addition to the price, any tax imposed upon you by any existing or future law and the amount of any tax imposed upon us, our suppliers or you under any statute, court decision, rule or regulation becoming effective after the date of this proposal which is based upon or incident to the transfer, use, ownership or possession of the materials or equipment involved in the performance hereof or the services rendered, hereunder. You shall at all times and at your own cost, maintain comprehensive bodily injury and property damage insurance (naming Montgomery Elevator Company as an additional insured), including bodily injury and property damage caused by the ownership, use or operation of the equipment described herein. The service specified herein will be furnished from the effective date above stated, and shall continue for a period of five years Either party may terminate this agreement either at the end of the first five years or at the end of any subsequent five years by giving the other party ninety (90) days written notice prior to the anniversary date of the contract This proposal, and the acceptance thereof, shall constitute, exclusively and entirely,the Agreement for the service described, and all prior representations of agreements relating thereto, whether written or verbal,shall be deemed to be merged herein and no changes in or additions to this Agreement shall be binding upon Montgomery Elevator Company until approved by one of its executive officers at Moline, Illinois. In the event that Purchaser's acceptance is in the form of a purchase order or other kind of document,the Provisions,Terms and Conditions of this proposal shall govern in the event of conflict. Respectfully submitted, MONTGOMERY ELEVATOR COMPANY office Butte, Montana 59702 ACCEPTANCE: The foregoing proposal and con- Address P. 0. OXO 002 tract is hereby signed and accepted in triplicate. By --1411 'l _ APPROVED: SCO olllns 5a1es Manager Dates - /J MONTGOMERY ELEVATOR COMPANY ] Purchasers Full .+I Name B's/ By \-'0N/771 Moline, Illinois: Date f I Sgnature of Authoraed o fecal and T,Ie - - 1429-5 Yr Rev 2-76