DRAFT_B2_03.14_FGC_Warranty_Certificate.pdf
PDF 579 KB Posted
- Solicitation number
- SLAC_RFP_368509
- Issued by
-
Department of Energy Office of Science
About this file
This is a Warranty Certificate issued by Facility Gateway Corporation Inc. to SLAC National Accelerator Laboratory for ABB Safegear® Switchgear equipment (Serial Numbers: 1VAL3149A01, 1VAL3149B01). The warranty covers equipment delivered free of defects in material and workmanship with a remedy period of thirty-six (36) months from the shipping date of September 2, 2025, extending through September 2, 2028.
The warranty provides FGC's option to repair, replace, or refund the nonconforming equipment upon discovery of defects during the remedy period, provided written notice is given promptly. Software is warranted separately for one (1) year from shipment with corrections made at FGC's facility or through modified instructions. The warranty excludes FGC responsibility for temporary power, removal, installation, labor costs, transportation, and other ancillary expenses. FGC disclaims liability for equipment improperly repaired or altered, subjected to misuse or negligence, used contrary to instructions, comprised of purchaser-supplied materials or designs, or damaged by ordinary wear and tear. Equipment manufactured by third parties carries only the manufacturer's warranty. The certificate disclaims all implied warranties of merchantability or fitness for particular purpose, limiting purchaser's remedies exclusively to those stated herein.
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Text version
W A R R A N T Y C E R T I F I C A T E
Product Name: ABB Safegear® Switchgear
Product Serial Number(s): 1VAL3149A01, 1VAL3149B01
Warranties and Remedies.
(a) Equipment and Services Warranty. FGC warrants that Equipment (excluding Software, which is warranted as specified in paragraph (d) below) shall be delivered free of defects in material and workmanship. The Warranty Remedy Period for Equipment (excluding Software and spare parts) shall end thirty-six (36) months after date of shipment.
(b) Equipment and Services Remedy. If a nonconformity to the foregoing warranty is discovered in the Equipment or Services during the applicable Warranty Remedy Period, under normal and proper use and provided the Equipment has been properly stored, installed, operated and maintained and written notice of such nonconformity is provided to FGC promptly after such discovery and within the applicable Warranty Remedy Period, FGC shall, at its option, either (i) repair or replace the nonconforming portion of the Equipment or re-perform the nonconforming Services or (ii) refund the portion of the price applicable to the nonconforming portion of Equipment or Services at current market price. If any portion of the Equipment or Services so repaired, replaced or re-performed fails to conform to the foregoing warranty, and written notice of such nonconformity is provided to FGC promptly after discovery and within the original Warranty Remedy Period applicable to such Equipment or Services or thirty (30) days from completion of such repair, replacement or re-performance, whichever is later, FGC will repair or replace such nonconforming Equipment or re-perform the nonconforming Services. The original Warranty Remedy Period shall not otherwise be extended.
(c) Exceptions. FGC shall not be responsible for providing temporary power, removal, installation, reimbursement for labor costs or working access to the nonconforming Equipment, including disassembly and re-assembly of non-FGC supplied equipment, or for providing transportation to or from any repair facility, or for any other expenses incurred in connection with the repair or replacement, all of which shall be at Purchaser's risk and expense. FGC shall have no obligation hereunder with respect to any Equipment which (i) has been improperly repaired or altered; (ii) has been subjected to misuse, negligence or accident; (iii) has been used in a manner contrary to FGC's instructions; (iv) is comprised of materials provided by or a design specified by Purchaser; or (v) has failed as a result of ordinary wear and tear. Equipment supplied by FGC but manufactured by others is warranted only to the extent of the manufacturer's warranty, and only the remedies, if any, provided by the manufacturer will be allowed.
(d) Software Warranty and Remedies. FGC warrants that, except as specified below, the Software will, when properly installed, execute in accordance with FGC's published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice of such nonconformity is provided to FGC promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, FGC shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making available at FGC's facility necessary corrected or replacement programs. FGC shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser-supplied software or interfacing. FGC does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Purchaser, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs".
(e) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER'S EXCLUSIVE REMEDIES AND FGC'S ENTIRE LIABILITY FOR ANY
BREACH OF WARRANTY.
ISSUED TO:
Company Name: SLAC National Accelerator Laboratory
Company Address: 2575 Sand Hill Rd, Menlo Park, CA 94025
Company Telephone: (650) 926-3300
Signature:
Name:
Date:
ISSUED BY:
Facility Gateway Corporation Inc.
3351 Dairy Dr, Madison, WI 53716
(866) 432-1711
Signature:
Name: Jason Perry
Date: 08/20/2025
Warranty Duration: 36 Months after the day of shipment
Shipping Date: 9/2/2025
DRAFT
File details come from the government source that posted it. Updated .