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HomeMy WebLinkAbout03219 - CARRIER CORP MUNI COGEN CHILLER MAINTENANCE Carrier Corp. Muni Cogen - Chiller Mntnce AGREEMENT #3219 Service Agree mer M05178, 4-21-93 This AGREEMENT entered into by and between: City of Palm Springs Municipal Complex Palm Springs, CA 92263 Hereinafter referred to as "CUSTOMER" and BUILDING SYSTEMS AND SERVICES DIVISION OF CARRIER CORPORATION Hereinafter referred to as "CARRIER" 381923009—B_ _ Alai 2/26/93 PROPOSAL NO PROPOSALTYPE PROPOSAL DATE AGREEMENT NO. (�Ea-r r-i De- i BUILDING SYSTEMS AND SERVICES S-60(9-88) 917-067 • SERVICE AGREEMENT service(s)tobeprovidedattheCUSTOMER'Slocation(s)asindicatedonpreceedingpage or on the attached Schedule Page(s) The page(s) indicated with an "X" below are part of this AGREEMENT. COOLING HEATING HEATING& _ AIR&WATER © CONTROLS l= �, COOLING - ` DISTRIBUTION,. XX WATER CHILLER -- BOILER -" HEAT PUMP -"-AIR HANDLER — DOC PACKAGED AIR --" FURNACE ""-"' HEAT RECLAIM —"- COOLING TOWER ELECTRIC CONDITIONER -- HEAT EXCHANGER -- PACKAGED AIR " - FILTER SVC ELECTRONIC XX ANALYSIS SVC '"- UNIT HEATER CONDITIONING& - - PUMPS PNEUMATIC XX NON-DESTRUCTIVE HEATING --TERMINALS TESTING -' WATER TREATMENT ______________________________________.._________________________________...______________________.____.__..____-- DIALOG SERVICE(equipment monitoring) Other • This AGREEMENT shall be administered by CARRIER'S office presently located at: Carrier Building Systems and Services 2735 Saturn Street Brea, CA 92621 • CARRIER shall provide maintenance service in accordance with the "General Provisions", "Scope of Service", "Schedule Page(s)",and any"Amendment(s)"which constitute(s)an entire AGREEMENT and shall become valid after acceptance by CUSTOMER and approval by CARRIER. Reference to CUSTOMER'S request for quotation or other documents are made a part of this AGREEMENT only to the extent of specifying the nature of the goods and services ordered and to the extent that such Items or terms are consistent with this AGREEMENT No agent of CARRIER or employee shall have authority to alter orwaive any clause of this AGREEMENT unless priorwritten approval is obtained from CARRIER headquarters. • The first year price is$ $ 7200.00 per year payable$ 600.00 - - per - _month --- Any subsequent price may be adjusted on any anniversary date in accordance with the PRICE ADJUSTMENT page During new equipment warranty,the AGREEMIE/NaT price will be$ n/a per - n/a -_- It Is understood that the warranty expires 0,.,J ' s f✓'/1/93D� or • This AGREEMENT shall become effective on and shall continue ' five__ year(s) - _ pee�t — �eti�e. • The undersigned affirm that they have read and understand the entire AGREEMENT including the General Provisions appearing on the reverse side Execution by Authorized Representatives: Page 2 of 9 SUBM DBY 3/1/93 ' ert Simon DATE: CUS OMER PTA rketing Rep. CARRIER APPROVAL: BUILDING SYSTEMS&SERVICES _ DIVISION OF CARRIER CORPORATION Ci anager NvX wgA.0. � F.- _6.1,_7;C- -_- - - --_-- ATTEST: City of Palm Springs Carrier Approval(lyped/printed me) � Title 1�-- CTi y Clerk Dale Carrier Approval(signature) Date iy pp eir r. r� YV V 1 tl'i' Crf Y 1.j__�_'t,F'�'Sf4cI,�L - S-60A(9-8a) B WFIT. GsFa w�. cJ/�l� / /'/� 917-068 GENERAL PROVISIONS 1. PAYMENT shall be net upon receipt of nvoice.CARRIER reserves the right to discontinue its service anytime payments have not been made as agreed In addition to the AGREEMENT price, the CUSTOMER shall pay CARRIER any , applicable taxes or government charges,existing or imposed after acceptance date,which are required in connection with the service or material furnished under this AGREEMENT. 2. CUSTOMER SHALL permit access to the building and the use of budding services,shall keep areas adjacent to the a equipment free of extraneous material,move any stock,fixtures,walls,or partitions needed to perform the work under this AGREEMENT and shall promptly notify CARRIER of any unusual operating conditions during the time when CARRIER is not on the lob site. 3 NORMAL WORKING HOURS will apply to all services including major repairs performed under this AGREEMENT except for unscheduled service if so indicated on Schedule Page(s).Services requested by CUSTOMER which are not covered under this AGREEMENT,will be invoiced at CARRIER'S prevailing labor and parts charges 4 EXCLUDED from this AGREEMENT, unless otherwise stated herein, are repairs or replacements of disconnect switches,circuit breakers and items not normally mechanically maintainable such as:ductwork,casings, cabinets, fixtures,structural supports,grillage,towerf ll,waterplping,steam piping,drain piping,boiler shell,boiler tubes and boiler j refractory. { 5 NOT INCLUDED in this AGREEMENTare repairs,replacements,alterations,additions,adjustments,repairs by others, or unscheduled calls any of which are necessitated by negligent operation,abuse, misuse, prior neglect, vandalism, obsolescence,building system design,damage due to freezing weather,corrosion,erosion,or any other cause beyond j CARRIER'S control l 6 NOT INCLUDED is the identification, detection, abatement, encapsulating or removal of asbestos, or products or materials containing asbestos or similar hazardous substances In the even[ that CARRIER encounters any asbestos product or material in the course of performing its work, CARRIER shall have the right to discontinue its work and remove its employees from the project,or that portion of the project wherein such product or material was encountered,until such product or materials,and any hazards connected therewith are abated,encapsulated or removed,and/or it is determined that no hazard eAists CARRIER shall receive an extension of time to complete its work hereunder and compensation for delays encountered as a result of such situation and correction of same. 7 CARRIER SHALL NOT,under any circumstances,be liable for any accident,injury,breakage,loss or damage to the equipment or machinery. appliances,or property connected therewith,or the resultant consequences, unless such ` loss or damage is caused by the negligence of CARRIER'S agents,employees,or subcontractors Also CARRIER shall not be required to perform tests,install any items of equipment or make modifications that may be recommended or directed by insurance companies,government,state, municipal or other authority. 8 DELAYS occasioned by conditions beyond[he reasonable control of either party shall not be the liability of either partyt to this AGREEMENT V 9. WARRANTY: CARRIER guarantees that all service provided under this AGREEMENT shall be performed in a workmanlike manner.Any claim for defective workmanship must be provided to CARRIER by written notice dT he� � 5"` haivrt+� a.�r ac- j termination date oflhisAGREEMENTuponwhichCARRIERagreestoremedyandredoanysuchservice(s)inahmely � manner without cost to the customer. 1 CARRIER also warrants against defects in materials, and workmanship of all CARRIER part(s) or component(s) ) _ supplied hereunder for a period of one year from date of installation or until the termination date of this AGREEMENT, ' whichever is earlier.If any part(s)or component(s)should prove defective during the aforementioned warranty period, CARRIER will at its option repair,replace or issue credit for any such items provided they were not damaged,abused,or effected by chemical properties i THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING j THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARRIER'S obligation to repair,replace,perform a service,or issue credit for any defective part(s),component(s),or service shall be CUSTOMER'S exclusive remedy under[his AGREEMENT Part(s), component(s) or services furnished by others to CARRIER carry the same guarantee to CUSTOMER as CARRIER receives. If the CUSTOMER requests parts or services not included in this AGREEMENT and has not selected the option for REPLACEMENT PARTS or other optional service, it is agreed that all requested part(s), j component(s)or services supplied by CARRIER will be accepted subject to the CARRIER Conditions of Sale issued 1 with each order 1 I 10 NEITHER PARTY to this AGREEMENT shall hold the other responsible for any indirect or consegential damages of a � commercial nature such as, but not limited to,loss of revenue or loss of use of any equipment or facilities 11 BOTH PARTIES agree that any claim arising from the performance or nonperformance of this AGREEMENT,whether based upon contract, negligence strict liability or otherwise, shall be brought within one(1)year from the date such 1 claim arose. Page 3 ADDITIONAL GENERAL PROVISIONS Page 3a Warranty 9 (a) . Provided, however, that these "guarantees" will not provide CUSTOMER with less protection than otherwise provided CUSTOMER pursuant to the terms of this AGREEMENT, and will not derogate from the protection otherwise afforded CUSTOMER under this AGREEMENT. t APPROVED BY CARRIER: APPROVED BY CUSTOMER: X �tvrAo )>. wt4-t i ert W. Par gins Type/Print Name Type'Print m � � - v Signature ature SERVICE AGREEMENT ADDITIONAL GENERAL PROVISIONS Page 3b 10 . INSURANCE. Carrier shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to CUSTOMER, during the entire term of this AGREEMENT including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general :Liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of $1, 000, 000 . 00 for bodily injury, death and property damage or (ii) bodily injury limits of $500, 000 . 00 per person, $1, 000, 000 . 00 per occurrence and $1, 000, 000 . 00 products and completed operations and property damage limits of $500, 000 . 00 per occurrence and $500, 000 . 00 in the aggregate. (b) Worker' s Compensation Insurance. A policy of worker' s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CARRIER and CUSTOMER against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CARRIER in the course of carrying out the work or services contemplated in this AGREEMENT. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250 , 000 . 00 per person and $500, 000 . 00 per occurrence and property damage liability limits of $100, 000 . 00 per occurrence and $250, 000 . 00 in the aggregate or (ii) combined single limit liability of $500, 000 . 00 . Said policy shall include coverage for owned, non-owned, leased and hired cars . The policies of insurance required by this AGREEMENT shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, APPROVED BY CARRIER: APPROVED BY CUSTOMER: x 60w4hd D, W,54— --Robert W. Par l 'ns Type/Print Name e/Print ame x Signature Si at e SERVICE AGREEMENT ADDITIONAL GENERAL PROVISIONS Page 3c unless such requirements are waived by CUSTOMER. City shall be given 30 days prior written notice by registered mail of any amendment or cancellation of said insurance. In the event any of said policies of insurance are cancelled, CARRIER shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the Contract Officer. No work or services under this AGREEMENT shall commence until CARRIER has provided CUSTOMER with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverage and said Certificates of Insurance or binders are approved by CUSTOMER. CARRIER agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which CARRIER may be held responsible for the payment of damages to any persons or property resulting from CAR.RIER' S activities or the activities of any person or persons for which CARRIER is otherwise responsible. In the event CARRIER subcontracts any portion of the work, the contract between CARRIER and such subcontractor shall require the subcontractor to maintain the same policies of insurance that CARRIER is required to maintain pursuant to this Section. 11 . INDEMNIFICATION. CARRIER agrees to indemnify, protect, defend and hold CUSTOMER, its officers, agents and employees harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities" ) that may be asserted or claimed by any person, firm or entity (other than CUSTOMER) arising out of or in connection with the negligent performance of the work, operations or activities of CARRIER, its agents, employees , subcontractors, or APPROVED BY CARRIER: APPROVED BY CUSTOMER: X Ld erg 2�• t J41 riE obert W. kins Type/Print Name Type/Print N me Signature S gn t FSI\241\014034-0045\33191. 04/05/93 SERVICE AGREEMENT ADDITIONAL GENERAL PROVISIONS Page 3d invitees, provided for herein, or arising from the negligent acts or omissions of CARRIER hereunder, or arising from CARRIER'S negligent performance of or failure to perform any term, provision covenant or condition of this AGREEMENT, whether or not there is concurrent passive or active negligence on the part of CUSTOMER, its officers, agents or employees but excluding such claims or liabilities to the extent arising from the active negligence or willful misconduct of CUSTOMER, its officers, agents or employees . In no event shall CARRIER be required to defend or indemnify the City for its own active negligence. 12 . COST OF LIVING ADJUSTMENT. Upon each anniversary date of the this AGREEMENT, the AGREEMENT price shall be adjusted in proportion to changes in the Consumer Price Index. Such adjustment shall be made by multiplying the original AGREEMENT price by a fraction, the numerator of which is the difference between (i) value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and (ii) the value of the Consumer Price Index for the same calendar month immediately prior to Commencement Date and the denominator of which is equal to the Consumer Price Index specified in subsection (ii) above. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index All Urban Consumers (All Items) , for the Los Angeles-Anaheim- Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982-84 = 100) . If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. APPROVED BY CARRIER: APPROVED BY CUSTOMER: X b • tja-ti o ert W. Park ns Type/Print Name Type/Print me Signature ig FS1\241\014094-0045\33191. 04/02/93 SERVICE AGREEMENT LEVEL OF SCOPE OF SERVICE SERVICE Page 4 of 9 The following service level(s)to be included in this Service Agreement as indicated on the I attached schedule page(s): I 1.0 INSPECT AND REPORT (IR) service to be provided by CARRIER such that the equipment listed herein will receive at least the number of inspections as stated on a the attached Schedule page(s). Each inspection will be in accordance with CARRIER'S standards and, unless otherwise stated herein will include but is not s limited to the following: • EACH OPERATING INSPECTION: Log equipment noting general condition, operating data, noises, vibration, temperature and pressure. Where applicable inspect control and safety devices,check for proper refrigerant solution, lubricant and water level, confirm control and equipment responses, adjust for normal operation, provide inspection reports including recommendations for corrective actions. • EACH STOP INSPECTION:(Equipment not normally operating).Where applicable inspect all rotating devices,couplings and drives,inspect hold down bolts,inspect electrical connections,perform functional checks on control and safety devices, provide inspection report identifying any problem area including recommendations for corrective actions. 2.0 OIL AND GREASE (OG) service includes all (IR) services plus those routine tasks which do not require component disassembly, but may require inspection cover or plate removal. Unless otherwise stated herein, the OIL AND GREASE service includes but is not limited to the following: • Annual oil change, routine lubricating,replace oil filters,replace refrigerant filters, touch-up painting, blow down dirt legs/strainers, cleaning of control starter contacts, clean electronic modules, clean drain pans, leak testing of any disassembled joints. 3.0 ANNUAL PREVENTIVE MAINTENANCE (AM) service includes all the (IR) and (OG)services plus those recurring tasks which are performed on a yearly cycle as recommended by the equipment manufacturer and may require minor disassembly and removal of available inspection covers. Unless otherwise stated herein, the ANNUAL PREVENTIVE MAINTENANCE service includes, but is not limited to the following: • Annual preventive maintenance tasks, internal inspection, clean oil sump, replacement of yearly expendable parts, minor adjustments, minor repairs, alignment check,calibrate controls,measure and record accessible clearances, leak testing of any disassembled joints or interconnecting refrigerant piping, i (2-89) 917-069 Service Acreement REPLACEMENT PARTS SCOPE OF SERVICE UNSCHEDULED SERVICE OPTIONS Page 5 of 9 REPLACEMENT PARTS will be included if indicated: "as required" or "as listed herein" on any attached Schedule page(s). Unless otherwise stated, the "as required" parts are provided and installed by CARRIER necessary to perform the level of service selected;the "as listed herein" parts are provided and installed by CARRIER only to the extent of the following: j Replacement parts included are those required to complete annual stop maintenance including gaskets, nitrogen and cleaners. Steam valve will be inspected and resealed the first year of contract. { Steam valve will be inspected the third year of contract and new valve parts will be provided by the City of Palm Springs. i i UNSCHEDULED SERVICE will be included if indicated "as required"or"as specified herein"on any attached Schedule page(s). Unless otherwise stated, the "as required" UNSCHEDULED SERVICE is provided when necessary to diagnose problems and perform minor adjustments between scheduled inspection; the "as specified herein" UNSCHEDULED SERVICE is provided only to the extent of the following: I Unscheduled service is available twenty-four hours a day, seven days a week at Carrier's prevailing labor rates. Normal business hours consist of Monday through Friday, 7:30 AM to 4:30 PM. Should additional service I be required after normal business hours, or on holidays, client will be billed for premium time. 1 1 I 3 i l 1 2 s-sao(i 891 —— WATER CHILLER COOLING SCHEDULE EQUIPMENT Page 6 of 9 City of Palm Springs CUSTOMER PROPOSAL NO AGREEMENT NO. Municipal Complex, Palm Springs, CA 92263 LOCATION(If different Than page i) PROPOSAL DATE EFFECTIVE DATE AYES" indication means the service(s)is included in this AGREEMENT.A"NO"Indication means the service(s)is not included. LEVEL OF SERVICE Yes/No ITEM Yes 1. INSPECT AND REPORT: 3 OPERATING INSPECTIONS AND 1 STOP INSPECTION(S) PER YEAR. Yes 2.OIL AND GREASE includes item 1. Yes 3.ANNUAL PREVENTIVE MAINTENANCE includes items 1.and 2. No 4 MULTI-YEAR PREVENTIVE MAINTENANCE includes items 1.,2. and 3. No S. FULL MAINTENANCE includes items 1.,2,3.and 4. SERVICE OPTIONS *Yes REPLACEMENT PARTS n/a AS REQUIRED for above level or xx AS LISTED HEREIN. *',Yes UNSCHEDULED SERVICE n/a AS REQUIRED or xx AS SPECIFIED HEREIN. `**Yes TUBE INSPECTION head removal b xx CARRIER or n/a Y CUSTOMER on: xx cooler, xx condenser, xx absorber, n/a generator. Yes TUBE BRUSH CLEANING includes TUBE INSPECTION. cooler up to one timesper 5 th year condenser up to one timesper year Acid cleaning extra absorber up to one timesper 5th year if required. generator up to n/a times per n/a No TUBE REPAIRS— REFRIGERANT SIDE: must include items 4,or 5.and TUBE BRUSH CLEANING. No TUBE REPAIRS—WATER SIDE:must include items 4.or 5.,TUBE REPAIRS—REFRIGERANT SIDE and No WATER TREATMENT. EQUIPMENT LIST QUANTITY. MANUFACTURER COMPONENT/UNIT ID. MODEL NO. SERIAL NO NOTES: 1 Carrier Absorption Chiller 16JB036 * See page 5 of 9 for parts to be included. 4 ** Carrier will provide one (1) unscheduled service call annually during k norrral business hour . Should additional service be required after ancs�' normal business hours, or on holidays, client will be billed for Cc premium time. Tube inspection conditional upon the condenser water and chilled water valves holding when the valves are closed. S-60H(2-90) SCP 917-075 ANALYSIS SERVICE SCHEDULE LITHIUM BROMIDE OIL REFRIGERANT 1 TUBE ANALYSIS i WATER _City of Palm_Springs___ _ CUSTOMER AGREEMENT NO 1 _Mu_n_-icipal_Complex,_Palm-,Srpings-,_CA-__92263._____ LOCATION(If different than page 1) EFFECTIVE DATE 1 ANALYSIS SERVICE will be provided asclescribed below.After the completion of each analysis CARRIER shall interpretthe results and provide a written report to the CUSTOMER including any recommendations for corrective action(s) If the recommended corrective action(s) are within the Scope of Service and Schedule page(s) of this AGREEMENT, then CARRIER shall schedule and complete such action(s). SYSTEM, EQUIPMENT OR PRODUCT TYPE OF IDENTIFICATION ANALYSIS SERVICE FREQUENCY (1) 16JB036 Absorption Chiller Lithium Bromide Annually Y The following applies in lieu of paragraph 9,WARRANTY of the General Provisions with respect to ANALYSIS SERVICE: WARRANTY CARRIER guarantees the quality of all workmanship of the ANALYSIS SERVICE that is performed under this AGREEMENT for a period of sixty(60)days after completion.Upon written notification within such period that the ANALYSIS SERVICES were not performed in a workmanlike manner, CARRIER agrees to remedy and redo any such services in a timely manner without cost to the CUSTOMER.In the event that it proves impractical or impossible to remedy or redo such services,CARRIER will reduce the AGREEMENT price to reflect the reduced value of the ANALYSIS SERVICE performed. CARRIER'S obligation to remedy any improperly performed ANALYSIS SERVICE or reduce the AGREEMENT price for such services shall be the CUSTOMER'S exclusive remedy under this AGREEMENT. Page 7 of 9 S-600(5-88) 917-083 ��a ---- Service Agreement — -_ PRICE ADJUSTMENT Page 8 of 9 1 I 7 _City of Palm_SQrings CUSTOMER AMENDMENT NO 114_niSi al Com lex _ Pa1m S rin s CA__92263 LOCATION SUBMITTAL DATE 3 AGREEMENT AGREEMENT EFFECTIVE DATE NO PAGE 7or fI This PRICE ADJUSTMENT to be attached to and made part of the above AGREEMENT: t PRICE ADJUSTMENT(S) may be performed in accordance with one of the following methods, 1.0 __Yes_.- ANNIVERSARYADJUS'rMENT: (Yes, No) No _ on any anniversary date(or) (Yes, No) qq __Yes -on the anniversary date of any subsequent _ one year term. 9 (Yes, No) The current AGREEMENT price Is $ $ _]200.00 _ per -Year-_ beginning on the effective date of 9 A/1/93 $jA4) The AGREEMENT price to be adjusted to$,____* -____ per year payable$ ''_- _. per _r_ionth_ beginning on the effective date of SYt/1/94_ } 2.0 — T7o__ .___PRICE SCHEDULE: (Yes, No) i Based upon Cost of Living index. 3 ,I 7 I 917-089 � e I l ,1.,�, Ag11eI11�nj NON-DESTRUCTIVE SCHEDULE TESTING SERVICE I City of Palm Springs CUSTOMER AGREEMENT NO _Munic_ipal Complex,_Palm_Spri>zgs_,_CA__922_63 { LOCATION(If different than page 1) EFFECTIVE DATE - NON-DESTRUCTIVETESTING service will be provided as described below.Afterthe completion of each Non-Destructive test,CARRIER shall interpret the results and provide a written report to the CUSTOMER including any recommendations for d corrective action(s).If the recommended corrective action(s)are within the Scope of Service and Schedule page(s)of this l!� AGREEMENT,then CARRIER shall schedule and complete such action(s). EQUIPMENT OR TYPE OF 1 COMPONENT NON-DESTRUCTIVE IDENTIFICATION TEST FREQUENCY (1) 16JB036 Absorption Chiller Eddy Current Test list year 1993 * Cooler 3rd year 1996 ° Condenser ° Absorber Generator - Cooler and generator heads to be removed and replaced by customer. i i The following applies in lieu of paragraph 9,WARRANTY of the General Provisions with respect to NON-DESTRUCTIVE TESTING. WARRANTY: CARRIER guarantees the quality of all workmanship of the NON-DESTRUCTIVE TEST that is performed j underthis AGREEMENTfora period of sixty(60)days after completion.Upon written notification within such period thatthe testing services were not performed in a workmanlike manner, CARRIER agrees to remedy and redo any such testing services in a timely manner without cost to the CUSTOMER In the event that it proves impractical or impossible to remedy or redo such testing services, CARRIER will reduce the AGREEMENT price to reflect the reduced value of the NON- DESTRUCTIVE TESTING services performed.Due to inherent limitations of certain NON-DESTRUCTIVE TEST,CARRIER does not guarantee or warrant that all existing or potential damage to or defects in the equipment tested will be discovered or that there will be no failures of such equipment fallowing such tests. CARRIER'S obligation to remedy any improperly performed testing services or reduce the AGREEMENT price for such testing services shall be the CUSTOMER'S exclusive remedy under this AGREEMENT. i Page 9 of 9 I (5-88) 917-084