DESCRIPTION: Preventive Maintenance consists of one on-site preventive maintenance (“PM”) visit per instrument or equipment item as listed in the Quote or Proposal delivered to Customer, at Customer’s “ship to” address as listed in the Quote or Proposal delivered to Customer, starting on the Contract Start Date. Charges for parts and for all other services that are not Excluded Services are not included. Such services may be provided as emergency services on-site or remotely and will be invoiced separately at the prevailing rates for travel, expenses, and labor. Services are provided during Marathon LS’s business hours only; to request same day on-site service Customer must submit its request for service before 3 p.m. local time. All scheduling is subject to Marathon LS’s staff availability; appointment cancellation requires 48 hours’ prior notice to avoid cancellation charges. Cancellation charges are 25% of the fee(s) shown in the Quote or Proposal. Customer will provide Marathon LS at the time of scheduling the make, model and serial number of each instrument or equipment item that is the subject of the service call.
EXCLUDED SERVICES: Marathon LS is not obligated to provide services and is not responsible for:
- Damage to listed instruments or equipment resulting from
- Fire, explosion, flood, or the use of contaminated fluids or chemicals not intended for use in or with the instrument or equipment,
- Misuse or abuse of the instrument or equipment,
- Use of parts, supply items, accessories, reagents, or unauthorized modifications not manufactured or sold by Marathon LS,
- Repair by persons other than personnel authorized by Marathon LS, unless such repair by others is made with the written consent of Marathon LS,
- Environmental conditions outside the operating range of the instrument or equipment, such as temperature, humidity, space, and electrical supply,
- The moving, de-installation or re-installation of the instrument or equipment, or
- Decontamination or sterilization of equipment.
- Uninterruptible power systems or line conditioners.
- Laboratory Information Systems (“LIS”) consultation or troubleshooting.
- Gravimetric and Colormetric tests.
- Repairs required in reconditioning or altering the instrument or equipment.
- Modifications to the configuration of the instrument or equipment.
- Supply of consumable items.
- Repair/maintenance of any Personal Computer or device used to control the instrument or equipment.
- Application programming and support.
- Recovery of electronic data or the reconstruction of Customer’s data files, regardless of cause.
- Damage or failures to perform due to causes beyond its control.
- End user error.
- Instruments or equipment not listed on the Quote or Proposal.
AVAILABILITY: Customer must make the listed instruments and equipment available for servicing at the time of its scheduled PM or emergency service call. Customer must provide network connection to access the Internet and maintains responsibility for Internet service and security.
OWNERSHIP OF PARTS: All replaced parts will become the property of Customer. Service probes remain the property of Marathon LS.
WORKER’S COMPENSATION: Marathon LS agrees to maintain Worker’s Compensation insurance as may be required by law.
PRICES AND PAYMENT: All prices set forth in the Quote or Proposal include the cost of labor, travel, and expenses. Parts are charged separately. Payment terms are net 30 date of from date of service.
CANCELLATION FEE: 25% of price set forth in the Quote or Proposal.
DISCLAIMERS, INDEMNITY, LIMITATIONS: Marathon LS warrants that the services to be performed hereunder shall conform to its standards and that the parts supplied hereunder shall conform to its specifications for a period of 12 months after the date of service (6 months for instruments and equipment manufactured prior to 2015) (the “Warranty Period”). THIS WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE AND IS THE ONLY WARRANTY GIVEN BY MARATHON LS. Claims for warranty service must be made during the Warranty Period. Customer agrees that there are no undertakings, agreements, or representations expressed or implied, not specified in these Terms and Conditions. Marathon LS’s sole liability under the foregoing warranty is to re-service the instrument(s) or equipment and/or repair or replace the defective part or, at its option, return of the sum paid for such services. The foregoing notwithstanding, Marathon LS agrees to indemnify and save harmless Customer from and against any and all claims, demands, suits and expenses by reason of injury or death of any person(s) or damage to any property solely and directly attributable to the negligent acts or omissions of Marathon LS or its staff while on the premises of the Customer; provided, however, that Customer expressly waives any and all claims against Marathon LS (regardless of cause) for all loss or damage resulting from any peril customarily insured under primary and extended coverage insurance policies. In no event, however, will Marathon LS be liable for any indirect, incidental, or consequential damages, including without limitation damages for lost profits, lost sales, loss of use of any instrument or equipment, loss of goodwill or business interruption.
TERM AND TERMINATION: This Preventive Maintenance service will be performed within 12 months of the Contract Start Date listed in the Quote or Proposal and after Marathon LS has satisfactorily concluded its site inspection. Either party may cancel this Preventive Maintenance service on thirty (30) days’ written notice.
GOVERNING LAW: This Agreement is entered into and will be governed and construed by the laws of The Commonwealth of Massachusetts, without reference to its conflicts of law provisions.
SUCCESSORS AND ASSIGNS: Customer may not assign any of its rights or obligations hereunder without the express written consent of Marathon LS.
ENTIRE AGREEMENT: These Terms and Conditions, together with and as incorporated within the Quote or Proposal, constitute the entire agreement between Marathon LS and Customer, with no undertakings, agreements, understandings, warranties, or representations not contained therein, and supersede any additional or conflicting terms or conditions of Customer’s purchase order or other ordering or commercial documents, all of which are hereby rejected. Marathon LS may update or amend these Terms and Conditions at any time and from time to time.