R91-105RESOLUTION NO. Rgl-/~-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A CERTAIN
THREE YEAR FERRUPS CUSTOMER PROTECTION
PLAN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND BEST POWER
TECHNOLOGY SALES CORPORATION,
PROVIDING FOR MAINTENANCE FOR
UNINTERRUPTIBLE POWER SUPPLY
PROTECTION; A COPY OF SAID AGREEMENT
BEING A~TACHED HERETO AS EXHIBIT "A";
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
each, u~on the recommendation of staff, has deemed it to be
in the best interests of the citizens and residents of the
%it¥ to enter into an agreement with Best Power Technology
;alse Corporation;
NOW, THF~REFORE, BE IT RESOLVED by the City Commission
~f the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
~uthorized and directed to execute a Three Year Ferrups
~ustomer Protection Plan Agreement providing for maintenance
~or uninterruptible power supply protectio~ for the FD18KVA
FERRUPS system, between the City of Boynton Beach and Best
~ower Technology Salse Corporation, which Agreement is
lttached hereto as Exhibit "A".
Section 2. This Resolution shall take
.mmediately upon passage.
PASSED AND ADOPTED this /~ day of June, 1991.
effect
CITY OF BOYNTON BEACH, FLORIDA
~issioner /
%TTEST:
( C~rpo~ate_ ~eai }
Commissioner
, ON RAO, O LY
THeE YEAR
FERRUPS CUS MER PR ECTION PLAN
AG EMENT
Rest Power Technology Sales Corporation hereby offers
CITY HALL (Att: Dominique D~ro)
100 E. Boynton ~each Blvd. (Company)
at East Wing, 2~d' F~°0r Boynton go, ah ~ 33425 (407) 738-7479
(Street) ' /~ (City) (State) {Zipl {Phone)
a Three Year FERRUPS Customer Protection Plan as described above and on the reverse side
hereof, the terms of which are incorporated herein by reference as if set forth in full, covering a
~D18~A FERRUPS (serial number ~D18~004934 if available).
The price of the FERRUPS Customer Protection Plan shall be ¢2380.00
A charge of N/A
shall be assessed in accordance with our mileage policy
from major cities. An additional charge of
of additional battery strings.
shall be assessed because
The total purchase price of
$2380.00
for such Three Year FERRUPS
Customer Protection Plan shall be paid in full to U. S. COtVj~TJt~R
Dated this 3rd day of June . 19 91
BEST POWER TECHNOLOGY
SALES CORPORATION Accepted
Title: William Leis
Service Department Manager
CUSTOMER:
this 18 day of JUNE
By:
LTFC410S 27048
Title:
19 91
CITY OF BOYNTON BEACH
{Company Name - Customer)
FERRUPS
THREE YEAR CUSTOMER PROTECTION PLAN
The FERRUPS Three Year Customer Protection Plan is
designed to make the stsrtu~ maintenance end operation of
a FERRUPS system worry free-
If the customer purchases the FERRUPS Three Year Customer
Protection Plan, Best Power Technology Sales Corporation will
be responsible for performing the startup, maintenance and
'~ field repair services described below, pursuant to the terms
and conditions set forth below.
· - The terms of the FERRUPS Customer Protection Plan (Plan)
are as follows:
1. Start UpService. Best Power Technology Sales Corpora-
tion or its authorized representative will start up the FERRUPS
unit covered by the Plan in accordance with the proceeure
contained in the owner's manual. This includes a check of
FERRUPS ~idng, hookup of interconnecting battery cables,
seecific :g.r~v~i~y~..or~voltage ,eadings, inverter test, ~ine
conditioner teat, full operation test with customer's loads, and
preparetiPn of warranty registration documeots. (Note:
Customer is responsible for (i) site preparation, (ii) physical
installation of FERRUPS, (iii] installation of bypass switch, AC
wiring, and DC wiring between FERRUPS cabinet and the
battery bank, equipment to De protected, and liv) obtaining
all licenses and permits. This work should be performed bv
a properly licensed e~ectrician in accomance with tee owner's
manual and local building codes.)
2. Scheduled Maintenance- Throughout the three (3) year
term of the contract. Best Power Technology Sales Corpora-
tion or its authorized representst ye w perform scheduled
ma ntenance on FERRUPS at approximately six month
intervals fo owing the adoption of the Plan in accordance with
BEST's Scheduled Maintenance Procedure~ Th~s mctudes:
visual inspection, recording of voltages, charger
adjustment, live test of FERRUPS, battery maintenance, eno
.... f I leg out the Ma ntenance~ Checklist. Start Up Service and
Scheduled Maintenance will be performed during normal
working hours.
- 3. Repairs. The standard FERRUPS warrantyis for oneyear
and covers parts and labor if the reeair is oerformed at the
factory. The customer is responsible for all shipping expenses.
Aisc under the standard warranty, if the rector is performeo
in the field, repair parts only are covered; all labor costs are
at the customer's expense·
With the FERRUPS Customer Protection Plan, field or factory
labor are at BEST's expense and BEST is responsible for all
freight costs. Aisc, the orotections provided in the standard
FERRUPS parts and labor warranty will be extended by BEST
for the entire three year contract term. Finatly, batteries
purchased from BEST are coveree under an extended prorated
warranty·
4. Term. The term of the FERRUPS Customer Protection
Plan is for a period of three (3) years.
5, Customer's Plan Payments Held By Bank. To provide the
very highest level of security to [ts customers, BEST, as agent
for its customers, established a Trust to hold the amounts paid
by its customers for the FERRUPS Customer Protection Plan.
All of the eayments which you make for the FERRUPS
Customer Protection Plan are sent by you to the Trustee Ic/o
Best Power Technology Sales Corporation) and held. ad-
ministered and e~sposed of by the independent Trustee as
provided in the Trust Agreement, These payments will not
belong to or be paid to BEST unless and until after BEST
cart es out its obligati~ons under this FERRUPS Customer
Protection Plan, and its related TIPs, whch are to be
completed during the period for which payment is being
requested. Unless the Trustee receives a written notice from
you indicating that BEST failed to satisfactorily perform its
obligations under this Plan, it wilt make payments to BEST in
accordance with the terms of the Trust, At its sole discretion,
the Trustee may engage another person or entity to carry out
the terms of the Plan if they were not satisfactorily performed.
The Trustee is not liable for the consequences of any
decisions made by t ~n geod~aith, and your rights and obliga-
tions under this Agreement Will no~ be affected by the
Trustee's performance in either investing or preserving the
Trust assets. A copy of the Trust Agreement is available upon
request fi'om BEST, and the terms of the Trust are incorporated
here n by reference as f set forth in full In the event of any
conflict between ~the terms ef the Trust and thrs general
description, the terms of the Trust will control.
6. Toll-Free Number. BEST maintains a tell-fres number to
cait to report syst~em pri~biems [800-338-1610). If there Is a
problem requi~"ing~immediate attshti~n, BEST is responsible
for dispatching the service·reprJ~se~tstive to the FERRUPS s~t~
7. Fast Response Time. BESTwJll maketeasonableefforts
~o have a field service technician on-site withi~ 48 hours or
less of a system ~ailure.
8. Personnel. Depending on the city, field service
technicians will either be a Best Power Technology Sates
Corporation employee or a Iocat independent contractor-
technician selected and trainee to meet t;- ~ high standard§
set by Best Power Technology Sales Corporation.
9. Limited Warranty. This Limited Warranty applies to
products distributed by and services rendered by Best
=ewer Technology Sales Corporation or its authorized
reeresentatives.
Best Power Technology Sales Corporation warrants that the
product and services you have received or will receiw from
Best Power Technology Sales Corporation or its authorized
representative pursuant to the terms of this FERRUPS
Customer Protection Plan will be performed properly and/or
will be free from defects in materials and workmanship under
normal use dudng the warranty period. This warranty,
however, extends only to you. It cannot be transferred to
anyone who subsequently p~rchases the product from you.
EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY,
BEST POWER TECHNOLOGY SALES CORPORATION
MAKES NO OTHER WARR/~NTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PI~IRPOSE. BEST EXPRESSLY DISCLAIMS ALL
WARRANTIES I~IOT STATED IN THIS LIMITED WARRANTY.
BEST POWER TECHNOLOGY SALES CORPORATION iS NOT
LIABLE FOR ANdY DAMAGES CAUSED BY (I) THE PRODUCT
OR PARTS USE~, BY IT OR THE SERVICES RENDERED BY IT
OR (Il) THE FAII~URE OF THE PRODUCT OR PARTS TO
PERFORM OR (111) THE FAILURE OF ANY SERVICES
RENDERED TO HAVE BEEN PROPERLY RENDERED,
INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS,
LTFC410S-2704S
(over)