Business Grammar & Composition Study Guide€¦ · Skillbriefs: Developing the Project Charter-The Completed Project Charter-Project Planning (proj 20 a01 bs en) ... Quality Management

Business Grammar & Composition May 2014

Study Guide

Sales & Marketing I: Principles and Resources for Proposal and Contract Development

June 2014

National Association of Elevator Contractors

Sales and Marketing Study Guide I: Principles and Resources for Proposal and Contract Development

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About this Study Guide ........................................................................................................... 1

General Guidelines for Writing a Proposal ................................................................................. 2

Overview of Different Contracts ............................................................................................... 3

Outline of Process and Resources for Proposal Development ...................................................... 6

List of Resources for Survey and Quote Forms ........................................................................... 8

Contract Example 1: Lube, Exam and Minor Adjustment ............................................................ 9

Proposal Example 2: Repair Proposal ....................................................................................... 12

Contract Example 3: Full Maintenance ..................................................................................... 13

Contents


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This guide is intended to supplement your individualized Skillsoft learning by providing materials and examples specific to the vertical transport industry.

The learning objective for this section is for the student to be able to identify the process and resources in the development of three different proposals and agreements including full maintenance, oil and lube, and repair.

The section contains sales proposal guidelines, an overview of different contracts , an outline of the process and resources for proposal development, a list of websites for survey and quote forms, and three examples of contracts.

Final exercise questions will be based on Expert summary, documents referenced in example and example.

Information included in this study guide is intended for educational purposes only. Check with your company for specific guidelines.

About this Study Guide


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The following information can be found in Skillsoft as follows:

Skillbriefs: Developing the Project Charter-The Completed Project Charter-Project Planning (proj 20 a01 bs en)

Direct, Monitor and Control Project Work (proj 20 a02;)

Quality assurance and quality control( Proj 24 a02);

Monitoring and Controlling Basics (PROJ_20_ A02_bs)

Job Aid: Quality Management Template (Proj_24_a01_bs_enu)

Expert Summary

The project specifications need to be studied and understood when the bid or estimate is being prepared. It is best to break the specification down by component. If the project requires outside vendors to provide pricing for material, the estimator should forward the appropriate sections of the specification to the vendor. It is the responsibility of the estimator to review vendor quotes to ensure compliance. The estimator should document compliance and list any deviation or clarifications. Keep in mind, specifications are not perfect. Sometimes, the specs are modified from other jobs or pulled from a website. It is important to understand the “intent of the specifications”. Once a job is bid…… you are stuck with the specifications. Therefore, you need to make sure your deviations and clarifications are specific and understood. When a quote turns into a contract, you will not have the ability to take further exceptions. The specifications should be reviewed several times during the course of the job. (quote, upon contract, during submittal process, prior to purchasing material, prior to installation, and during project completion)

Review Specifications in detail paying special attention to project description, location and AHJ/code

Identify items needing vendor quotes and forward to appropriate vendor(s) accordingly

Identify discrepancies and submit Request for Information(RFI) as required

Identify clarifications, exclusions, inclusions and submit with bid

Identify special operations, subcontractor requirements and/or any / all labor needs

General Guidelines for Writing a Proposal


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Given the needs of a client, identify the process and resources in the development of three proposals including full maintenance, oil and lube, and repair.

REPAIR FULL MAINTENANCE OIL AND LUBE

Process of proposal development

Survey

Secure costs for materials

Secure labor costs

Survey based on NEII Survey

Resources Survey form specific to needed repair

Vendors’ prices

Labor estimate from supervisor

Standard labor rates issued by company designee

Survey guide/form of NEII

Determine exclusions ( may include obsolescence, immediate repair need, testing)

Supervisor/management pricing standards based on survey.

Survey guide/form of NEII

All excluded with exception of oil and lube

Supervisor/management pricing standards based on survey.

Overview of Different Contracts


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Source:

http://www.elevatorsource.com/elevator-contracts.htm

What type of maintenance agreement will work best for your elevators?

Knowing the different types of elevator contract options can greatly increase your chances of saving money and finding a maintenance agreement that meets your building's requirements. The more risk you are willing to assume, the lower the cost of services will be. Most elevator companies offer four types of elevator maintenance contracts. These contracts offer you a range of coverage options and discount opportunities.

What is a Full Maintenance Contract? (FMC)

A full maintenance contract is written to allow an elevator service company to take total responsibility for the elevator equipment identified in the maintenance agreement. This contract acts like an insurance policy and allows the manager to budget total yearly costs and eliminate concerns relating to elevator liability and exposure to claims in the event of accidents or injuries. Liability is limited because the maintenance contractor assumes all responsibility and determines the amount of service visits required to keep the elevator system operating safely. If an accident should occur, the elevator maintenance company may be responsible for defending itself against accident claims and will exhaust every effort to ensure safe operating condition.

What is a Parts, Oil, and Grease Contract? (POG)

A POG contract lists specific items of equipment that are not covered in the contract, such as controllers, elevator machines, motor-generator sets, and cables, etc. A POG contract will only have value if the contract clearly stipulates the work to be covered and the parts to be supplied including frequency of examinations and trouble calls to be answered. POG agreements also generate additional paper work and the property manager must coordinate with the maintenance provider on what is covered in the contract and what will be done under repair orders at a later date. Many maintenance companies are no longer offering this type of contract due to the increase costs of solid state components. Usually, maintenance companies offering this type of agreement will provide your property with lower monthly charges than the price of a full maintenance contract but the coverage will also be proportionately less.

What is an Oil and Grease (OG) or Examination & Lubrication Contract?

OG contracts include lubrication of moving parts and minor adjustment on a regularly scheduled basis. When additional services are needed, the mechanic reports potential problems to the property manager who then schedules all repairs to be paid by the building owner. The cost for the OG contract is relatively low but when you include repairs, the entire yearly cost is usually much higher and more complicated to budget. OG agreements also generate additional paper work, as the property manager must coordinate with the maintenance provider on all repairs. Liability exposure to claims in the event of accidents or injuries are even greater than a POG contract because the owner is responsible for having parts repaired and replaced. Customer satisfaction with this type of agreement is usually very low.

http://www.elevatorsource.com/elevator-contracts.htm


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What is a Survey and Report Contract?

Coverage under a survey and report contract consists of quarterly, semi-annual or annual inspection of all major equipment components. The inspection does not include maintenance, repair work or dismantling equipment that necessitate elevator mechanics. Maintenance or replacement recommendations may be completed by the owner or by selected contractors under the property manager's coordination. This type of contract also makes it extremely difficult for a building owner to avoid liability if an accident should occur.

What is typically not covered under maintenance agreements?.

All service contracts include a list of exclusions that will not be covered under the maintenance contract. Unfortunately, these exclusions can happen regularly and may increase your overall maintenance cost by as much as fifteen percent. Here are some common examples of items that can result in extra charges:

Overtime callbacks / trouble calls

Doors knocked off tracks by movers.

Keys dropped in the pit (you may be surprised at how often this happens)

Car left "keyed off" or left on "independent" by building personnel, movers or security guards.

Debris in car or hall door sill tracks.

Foreign objects caught or wedged under car or hall doors such as carpet tacks, small rocks and coins.

Stuck buttons and broken safety edges.

Flooded machine room, top of car, or pit

Vandalism: doors kicked off tracks, fire in elevator cab set by vandals and burned c ar buttons.

Calls placed for service resulting from building power even though no emergency power feature exists to run the elevator equipment.

Elevator telephones and phone monitoring.


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TASK RESPONSIBLE PERSON

Review specifications Estimator

Clarify/document assumptions and deviations Estimator

Secure and review vendor quotes and delivery Estimator

Secure labor duration quote Estimator with supervisor

Confirm labor rates against regulatory standards Estimator

Consider limitations arising from client organizational infrastructure ( i.e. days site is unavailable for work)

Estimator

Consider limitations arising from organizational infrastructure, policies, guidelines ( human resources /capital equipment, overtime and vacation policies )

Estimator with appropriate management person

Consider marketplace conditions (seasonal and economic supply and demand cycles)

Estimator with suppliers

Consider relevant historical information ( similar jobs ) Estimator with other estimators, supervisors and project managers

Assess known and unknown risks Estimator with supervisor, project managers

Outline of Process and Resources for Proposal Development


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Initiation and Execution Phase:

The following activities contribute to the compliance of job performance with job specifications and contract requirements. Actions are based on Sample Bob’s Garage subcontract with DEF General Contractor elevator company, Attachment 3, sections 2.1 and 2.2. These sections outline the meeting schedule, documents for review and persons who need to attend.

SECTION 2: MANAGEMENT/COORDINATION

[Modification of the below items to be determined by separate Work Authorization]

2.1 Kickoff Meeting: Subcontractor's Key Project and other personnel as required by DEF General

Contractor, as a minimum, shall attend a mandatory two (2) hour kickoff meeting prior to the

commencement of Subcontractor's work on the site. The purpose of this meeting is to familiarize

everyone with the site, go over Project communication procedures, verify scope of Work inclusions

and exclusions, review the Project's safety and logistics plan, coordinate submittal and Work

schedules, and to discuss other issues that DEF General Contractor and or Subcontractor consider

appropriate.

2.2 Job Progress & Coordination Meetings: DEF General Contractor will conduct regular job

progress meetings to ensure clear communications and a smooth flow of the work. The

Subcontractor's on-site supervision and any management or detailing resources and other personnel,

as required are required to attend and participate in these meetings and provide appropriate

information in order to allow for the timely monitoring and flow of the Work. Below is a schedule of

planned meetings:

Meeting Recurrence Approximate

Duration Subcontractor Progress Meeting weekly 1 hours MEP Coordination weekly 2 hours

Other activities that require monitoring are related to material procurement and involve ordering,

tracking, receiving, confirming compliance with specs, and delivery to site.


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Innovation Fixtures – Site Survey Form

http://www.innovationind.com/clientuploads/site_survey/Survey-Sheets-2012.pdf

SnapCab - Quick Quote Form

http://www.snapcabs.com/wp-content/uploads/2012/04/SnapCab-Quick-Quote-Form-2012.pdf

Canton Elevator - Hydraulic Survey Sheet

http://www.cantonelevator.com/uploads/hydro-survey-sheet.pdf

GAL – Traction Control – Survey Engineering Data Form

http://www.gal.com/downloads/GALaxy/RFQTraction.pdf

Vertical Express – Replacement Jack Survey Sheet

https://www.verticalxpress.com/downloadable/download/sample/sample_id/3/

West Coast Pro Pads – Survey Form

http://ipropads.com/wp-content/uploads/2012/02/OrderForm.pdf

List of Resources for Survey and Quote Forms

http://www.innovationind.com/clientuploads/site_survey/Survey-Sheets-2012.pdf

http://www.snapcabs.com/wp-content/uploads/2012/04/SnapCab-Quick-Quote-Form-2012.pdf

http://www.cantonelevator.com/uploads/hydro-survey-sheet.pdf

http://www.gal.com/downloads/GALaxy/RFQTraction.pdf

https://www.verticalxpress.com/downloadable/download/sample/sample_id/3/

http://ipropads.com/wp-content/uploads/2012/02/OrderForm.pdf


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XYZ ELEVATOR CO.

LUBRICATION, EXAMINATION and MINOR ADJUSTMENT AGREEMENT

PREPARED FOR

BOB’S GARAGE

Contract Example 1: Lube, Exam and Minor Adjustment


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XYZ ELEVATOR CO., and/or its assignees, will service your equipment, using qualified personnel trained and supervised by them. This agreement includes the following equipment located at: 000 N. Broad St, Philadelphia, PA 19130

ONE (1) Electric Traction Passenger Elevator (Old Elevator)

This service shall include the labor necessary to make monthly examinations of the elevator listed above including:

Examination, lubrication and cleaning of machine, motor, controller, interlocks, limit switches, pump unit, operator, locking devices, hatchway switches, selectors, and bearings and guides.

Necessary minor adjustments to only that equipment listed, at the time of regular examinations.

Necessary lubricants, cleaning fluids, and wiping clothes are included. No other work (unless other specified) will be furnished under this agreement.

The cost for the above services is $000.00 per month payable as invoiced plus any applicable taxes.

All work shall be performed during regular working hours of regular working days (unless otherwise specified). If any other work or service is required beyond the work described above, it will be billed at XYZ ELEVATOR CO. standard rates.

The parties in this agreement understand that this equipment incorporates electrical and mechanical devices, and 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 the equipment through proper examination and lubrication.

XYZ ELEVATOR CO. undertakes these services in conformity with usually applied and accepted standards. However, no guarantee is made that defects will be found.

XYZ ELEVATOR CO. will furnish these services for a period of ONE year commencing ______ and will automatically renew each year on its anniversary date unless 60 days cancellation is received prior to the anniversary date.

It is expressly understood, in consideration of performance of the services enumerated herein, at the price quoted, that nothing of this agreement shall be construed to mean that XYZ ELEVATOR CO. assumes any liability on account of accidents to persons or property while riding on, or being about, the equipment described in this agreement.

It is further understood and agreed that XYZ ELEVATOR CO. does not assume possession or management of any part of the equipment, but that equipment remains yours exclusively, as sole owner.

Further, XYZ ELEVATOR CO. shall not be liable for any loss, damage, or delay caused by acts of governments, strikes, lockouts, fire, explosion, theft, floods, riots, civil commotion, war, malicious mischief, acts of God, or by any other causes beyond our control, and, in any event, XYZ ELEVATOR CO. shall not be liable for consequential damages. No work, services, or liability on the part of XYZ ELEVATOR CO., other than those specifically mentioned in this agreement, are included or intended.


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This agreement, when signed and accepted by the Purchaser, and approved by an authorized representative of XYZ ELEVATOR CO. shall constitute exclusively the agreement between the two parties, and all prior representations or agreements, whether written or oral, not incorporated in this agreement, are superseded.

___________________________________

XYZ ELEVATOR CO.

John B. Salesperson

ACCEPTED BY:

________________________________

TITLE: __________________________

DATE: ___________________________


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January 1, 2014 Name Company Address City, State, Zip Re: Job Name – Brief Description – Unit # Dear Mr. or Ms.: We propose to furnish the necessary labor, material, tools and supervision to perform the following work on the elevator at the referenced location.

Detailed description of work.

Total Price for Services Rendered: $0.00

(Thousand Hundred Dollars & 00/100)

It is understood that all work will be done during the regular working hours of the trade, in a first-class workman-like manner, and we are to have the uninterrupted use of the elevator while doing this work. Workmen’s Compensation and Public Liability Insurance will be enforced by us.

It is expressly understood and agreed that all verbal agreements are void and that the acceptance of the proposal shall constitute the contract for material and work specified above. Any changes to this contract must be made in writing signed by both parties.

This proposal is submitted for acceptance within 30 days from date executed by us. Please return a signed copy of the proposal, after which we will contact you promptly for scheduling. Respectfully submitted,

Midwest Elevator Company Signed and Accepted in duplicate ,2014 By: Name, Title

Approved & Accepted Purchaser: _ For Midwest Elevator Co. ,2014 By: By: Signature of Authorized Official Officer of Company, Title

Title:

Proposal Example 2: Repair Proposal


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XYZ ELEVATOR CO.

MAINTENANCE AGREEMENT

FOR:

BOB’S GARAGE

Contract Example 3: Full Maintenance


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.

XYZ ELEVATOR CO.

SERVICE AND MAINTENANCE AGREEMENT

TABLE OF CONTENTS

SCOPE OF SERVICE, REPAIR AND REPLACEMENT .....................................................................

1.02 EXCEPTIONS AND EXCLUSIONS……………………………………………………………… ............

1.03 REPLACEMENT AND RENEWAL OF EQUIPMENT INSTALLED AND IN USE PRIOR TO THE EFFECTIVE DATE OF AGREEMENT..……………………………………………….. ..........

1.04 XYZ ELEVATOR EMPLOYEES ..........................................................................................

1.05 CONDITIONS OF SERVICE………………………………………………………………………… ..........

1.06 LIMITATION OF LIBILITY AND INDEMNIFICATION ………………………………………. ..........

1.07 RESPONSIBILITIES AND DUTIES OF PROPERTY OWNER, LESSOR, LESSEE AND/OR CONTRACTOR .................................................................................................................

1.08 WORK SCHEDULE ...........................................................................................................

1.09 MAJOR REPAIRS ..............................................................................................................

1.10 EFFECTIVE DATE .............................................................................................................

1.11 OPTIONS .........................................................................................................................

1.12 CONSIDERATION ............................................................................................................

1.13 BREACH OF AGREEMENT/RESERVATION OF RIGHTS....................................................

1.14 GOVERNING LAW………………………………………………………………………………..….. ..........

1.15 INTEGRATION .................................................................................................................

XYZ Elevator and/or its assignees, will furnish elevator maintenance on the following equipment located at:

4009 Landis Ave.

ONE (1) XYZ ELEVATOR Hydraulic Passenger Elevator


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1.01 SCOPE OF SERVICE, REPAIR AND REPLACEMENT

This service shall consist of regular monthly systematic examinations, adjustments, and lubrications as required, and if, in our judgment, conditions necessitate, repair or replacement of the following components:

MACHINE:

Worms; gears, thrusts, bearings, brakes, magnet coils, brake shoes, brake pulley, drive sheave and bearings, motor windings, commutators, rotating elements, coil, contacts and resistors.

Drain gear case and replace gear oil periodically.

SIGNAL FIXTURES:

Car push button stations, landing push button stations, car and hall position indicators, and hall and car lanterns, signal lamps will be changed at the time of examination when needed.

DOOR OPERATION EQUIPMENT:

Door operator, door protection devices, car door contacts, interlocks, gibs, door closers, car and

Landing door hangers.

GENERATORS:

Windings, rotating elements, commutators, bearings, brushes and brush holders, bearings.

GOVERNOR/SAFETY:

Sheave and shaft, bearings, jaws and contacts, safety mechanism for car and counterweight.

SHEAVES:

Deflector, idler, compound, secondary, tension and compensating sheaves and bearings.

GUIDE SHOES:

Liners and rollers.

WIRING:

Traveling cables, hoistway and machine room wiring.

BUFFERS:

Switches, seals and packing.

CONTROLLER:

Relays, contacts, resistors, transformers, timers, leads, solid state and microprocessor components.

SELECTOR:

Drive assembly, reader box, magnets and selector tape.


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ROPES:

Replace hoist ropes, governor and compensating ropes when in company’s judgment is required.

CLEANING:

Pits will be cleaned periodically and machine rooms and top of cars will be kept clean and neat.

XYZ ELEVATOR CO., will keep the guide rails properly cleaned and lubricated at all times except where roller guides are used, and when necessary, renew guide shoe gibs, in order to insure smooth and quiet operation.

XYZ ELEVATOR CO., will periodically examine all safety devices and governors, and equalize the tension on all hoist ropes, as often as necessary, to maintain an adequate factor of safety.

1.02 EXCEPTIONS AND EXCLUSIONS

This Agreement DOES NOT INCLUDE the following equipment:

Shaftway doors, bucks, sills, rails, motor room enclosures, power wiring to the elevator(s), disconnect switches, car fans, car flooring, refinishing of elevator car enclosures or landing door units, vision panels, push button face plates, cleaning of elevator hoistways, lighting fixtures and their tubes and bulbs or bulbs, car frames and cabs, O.E.M. software, hardware and updates thereto. Any equipment underground and/or within walls, and operating fluids are likewise excluded. We shall not be responsible for any work that maybe required as a result of rust or water.

It is understood that these exclusions do not in any way enlarge the category of items for which XYZ ELEVATOR CO., is responsible.

1.03 REPLACEMENT AND RENEWAL OF EQUIPMENT INSTALLED AND IN USE PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT

It is agreed that the expense of labor and material to renew parts as listed below will be prorated at time of the first replacement. These parts show signs of excessive wear and may require replacement in the near future. XYZ ELEVATOR CO., is accepting them in their present condition in order to provide you with maximum service from these parts. You, therefore, agree to pay XYZ ELEVATOR CO., at the time replacement is made, that portion of pro-ration, while XYZ ELEVATOR CO., will absorb the expense for its portion of pro-ration. The charge for this replacement will be determined by prorating the total cost of replacing the individual items. You are to pay for that portion of the items used prior to XYZ ELEVATOR CO. , and XYZ ELEVATOR CO., is to pay for that portion used since that date.


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SCHEDULE OF PARTS TO BE PRO-RATED

Name of Part Installed Date Installed

NONE

1.04 XYZ ELEVATOR CO., EMPLOYEES:

XYZ ELEVATOR CO., will maintain the entire elevator equipment as herein described, on the terms set forth. XYZ ELEVATOR CO., will use personnel directly employed and supervised by it. The personnel will be qualified to keep the equipment properly adjusted, and they will use all reasonable care to maintain the elevators in proper and safe operating condition. XYZ ELEVATOR CO., undertakes these services in conformity with usually applied and accepted standards. However, no guarantee is made that defects will be found.

All matters pertaining to employment, supervision, compensation, promotion and discharge of XYZ ELEVATOR CO., employees are the responsibility of XYZ ELEVATOR CO., which is in all respects the employer of such employees. This Agreement is not one of agency, partnership, master-servant, or joint employer.

XYZ ELEVATOR CO., is not responsible for any intentional tortuous actions, activities, or conduct of XYZ ELEVATOR CO., employees not acting within the course and scope of their employment with XYZ ELEVATOR CO., at the time of the occurrence.

1.05 CONDITIONS OF SERVICE

You will provide us with full and free access to the equipment to render service thereon, and will provide a safe workplace for our employees.

XYZ ELEVATOR CO., , has the responsibility to make only those replacements, adjustments and repairs required under this Agreement which are necessary due to ordinary wear and tear. XYZ ELEVATOR CO., are not obligated to make adjustments, repairs or replacements necessitated by any other cause, including, but not limited to, accidents, vandalism, misuse, or obsolescence of the equipment. In the event adjustments, repairs or replacements become necessary due to such cases and you fail to authorize them, XYZ ELEVATOR CO., shall have the right to terminate this agreement.


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XYZ ELEVATOR CO. will not be required to make tests other than those specified previously, to install new devices on the equipment which may be recommended or directed by insurance companies, federal, state, municipal or other authorities, to make changes or modifications in design, to make any replacements with arts of a different design, or to perform cleaning of cab interior and exposed sills.

You agree that you will not permit others to make alterations, additions, adjustments, repairs or replacements to the equipment. If such alterations are made by others, we may, at our option, terminate this agreement upon ten (10) days written notice.

Possession and control of the equipment shall remain with you, and you will retain your normal responsibility and liability, as owner, lessor, lessee, possessor or custodian of the equipment. This responsibility includes but is not limited to: advising, warning, or instructing passengers in the proper use of the equipment; providing a safe workplace for XYZ ELEVATOR CO. employees, prompt and immediate notification of operational problems, malfunctions or accidents concerning the elevators.

1.06 LIMITATION OF LIABILITY AND INDEMNIFICATION

It is expressly understood, in consideration of the performance of the service enumerated herein at the price stated, that nothing in this agreement shall be construed to mean that XYZ ELEVATOR CO., assumes any liability on account of injury or damage to persons or property, except to the extent that the injury or damage was directly and solely due to the negligent acts or omissions of XYZ ELEVATOR CO., or its employees: and that your responsibility for injury or damage to persons or property while riding on or being in or about the elevators, escalators, or passenger conveyors referred to is in no way affected by this agreement. XYZ ELEVATOR CO., shall not be responsible or liable for any loss, damage, detention or delay caused by labor strike, labor lockouts, labor troubles or disputes, fire, explosion, theft, earthquake, severe or unusual weather conditions, including but not limited to heavy rain, tornado, hurricane, severe snow or ice, shortage or unavailability of materials from usual sources or workers, embargo, mischief, failure to act on the part of either party’s suppliers or subcontractors, governmental orders, acts of God, or by any other cause beyond the reasonable control of XYZ ELEVATOR CO.,

We will not be liable in contract, in tort (including negligence or strict liability) or otherwise for damage or loss of other property or equipment, loss of profits or revenue, loss of equipment or capital, claims of customers or for any special, indirect, consequential or liquidated damages whatsoever. Your remedies set forth herein are exclusive, and our total cumulative liability with respect to this contract or anything done in connection therewith such as the performance or breach thereof shall not exceed the price of the part upon which such liability is based.


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It is understood that when not working in, or about, or on, said equipment, XYZ ELEVATOR CO., shall not be responsible for leveling of cars at landings, eccentricities in operation of car doors, shaft doors, or their locking devices, or for any situation that may occur that cannot be revealed by the ordinary examinations offered with this service.

It is mutually agreed that XYZ ELEVATOR CO., shall not be under any obligation hereunder to make any renewals or repairs except those incidental to the operation of the equipment, and that XYZ ELEVATOR CO., is not required under this agreement to make renewals or repairs necessitated by reason of negligence, accident, or misuse of machinery apparatus, or cars, or due to any other similar or dissimilar causes beyond its control. In addition, your own responsibility for accidents to persons or property while riding on or being about the elevator equipment, is in no way affected by this agreement.

1.07 DUTIES OF PROPERTY OWNER, LESSOR, LESSEE, AND/OR CONTRACTOR

The party contracting with XYZ ELEVATOR CO., pursuant to this agreement agrees to the following:

a. Provide clear, safe and convenient access to the property and elevator equipment rooms;

b. Maintain equipment room lighting, car lighting, and telephone lines to controller terminal, equipment room electrical switch gear and electrical feeders to elevator controllers;

c. Maintain equipment room heating and air conditioning systems;

d. Maintain fire alarm initiating devices in elevator lobbies, machine rooms and hoistways;

e. Prevent storage of property equipment or supplies in elevator equipment rooms and obstruction of equipment room access corridors and doors;

f. Maintain standby power generator systems and related switch gear and feeders;

g. Maintain equipment rooms, hoistways, wellways, and pits in a code compliant and dry condition;


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h. Coordinate with XYZ ELEVATOR CO., in regard to any equipment retrofits such as elevator security systems, new car interior finishes, new car interior finishes, and car interior TV systems;

f. Routinely clean walls and floors of hoistways and equipment spaces.

1.08 WORK SCHEDULE

NORMAL HOURS:

All maintenance procedures and repairs will be performed during XYZ ELEVATOR CO., regular working hours of 8:00 A.M. to 4:30 P.M. of XYZ ELEVATOR CO. regular working days of Monday thru Friday (regular holidays excluded).

OVERTIME

If overtime examinations, repairs or emergency minor adjustment callback services are later requested by you, you agree to be charged extra for the overtime bonus hours at XYZ ELEVATOR CO., usual overtime rate for nights, Saturdays, Sundays and for holidays at a double overtime rate.

XYZ ELEVATOR CO., will respond to service calls from you or your authorized agent, when elevators covered by this agreement become inoperative, according to the following schedule:

X During regular working hours

During overtime hours (XYZ ELEVATOR CO., holidays excluded)

If overtime work not included in this agreement is requested by the Purchaser, covering examinations, repairs, or emergency service, XYZ ELEVATOR CO., see billing rates below.

SERVICE PERSONNEL AND SUPERVISORS ARE AVAILABLE 24 HOURS/DAY/SEVEN DAYS A WEEK.


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1.09 MAJOR REPAIRS

XYZ ELEVATOR CO., shall not be required to make major repairs in overtime, unless authorized by you, and to be billed in addition to the rate set forth herein. Repair work is defined as any procedures that fall outside the scope of Paragraph 1.01 above. Such repairs, unless authorized by you or your designated agent, shall be deferred until the next regular working day of XYZ ELEVATOR CO.,

1.10 EFFECTIVE DATE

This service will be furnished from ________ at the price noted below, and will continue until _____________. This agreement will continue from year to year thereafter, unless terminated by either party with ninety (90) days prior written notice, to the expiration of the current year.

1.11 BILLING RATES

Mechanic-$000.00/hr. straight time, $000.00 overtime,

Helper-$000/hr. straight time, $000 overtime

1.12 CONSIDERATION

These services will be provided for the sum of $000.00 per month, payable as invoiced.

This price may be subject to reconsideration and adjustment at each anniversary date of this agreement. The adjustment will be based on the percentage of increase or decrease in the average rates of labor and material at the anniversary date for elevators and elevator mechanics in the locality where the equipment is maintained, as compared with such rate used for the previous year’s prior adjustment, and/or other pertinent factors that may, from time to time, merit consideration. MAXIMUM OF 3 % INCREASE PER YEAR.

Any adjustment in price that may result from this procedure shall not increase the total contract price to more than the maximum price permitted by any applicable, legally issued, government regulations in force on the date that the adjustment would become effective.

You shall pay, in addition to the price quoted above, the amount of any tax based on sales, imposed by any law enacted after the effective date of this agreement.


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In the event that you prematurely cancel this agreement, you shall pay as liquidated damages (but not as a penalty) one-half of the then current monthly Agreement price as adjusted in the terms set forth above in this Paragraph times the number of months remaining between the premature cancellation date and the Agreement termination date. This provision shall not apply to you in the event that you sell or assign your interest in the Property and the equipment. However, this Agreement will be assigned to any successor in interest, should your interest be terminated prior to the above date or prior to the expiration date of any subsequent renewal, upon notification to and acceptance by us of such assignment.

BREACH OF AGREEMENT/RESERVATION OF RIGHTS

XYZ ELEVATOR CO., reserves the right to suspend service on account of nonpayment, in accordance with the terms of this agreement, and it is understood and agreed that such suspension shall release XYZ ELEVATOR CO., from any and all responsibilities under the terms of this agreement, as well as any responsibility with respect to consequential damages.

GOVERNING LAW

In the event that a dispute concerning this Agreement arises, Pennsylvania law shall govern.

INERGRATION AND VALIDATION

This agreement, when signed and accepted by the you, and approved by an authorized representative of XYZ ELEVATOR CO., shall constitute exclusively the agreement between the two parties, and all prior representations or agreements, whether written or oral, not incorporated in this agreement, are superseded.

XYZ ELEVATOR CO.

John B Salesperson

Accepted By: _________________________

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Business Grammar & Composition Study Guide€¦ · Skillbriefs: Developing the Project Charter-The Completed Project Charter-Project Planning (proj 20 a01 bs en) ... Quality Management

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