Pianos Final Contract S21-016-O.pdf

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Yamaha Pianos S21-016-O

(Piggybackable to UW System, State Agencies, and Municipalities) Issuing Agency: The State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin- Milwaukee

Contractor: Hulbert Pianos, LLC 12555 Wirth St Brookfield, WI 53005; 414 315-7763;dave@hulbertpiano.com

Contract Administrator (Day to Day Operations):

Randall Trumbull-Holper , (414) 229-2445, rgholper@uwm.edu

Contract Manager: Jamie Schueler, (414) 251-8226, schuelej@uwm.edu

This Contract is entered by and between the Issuing Agency and Supplier set forth above.

1. General Description/Purpose of the Request for Bid: This contract is to provide UWM with Yamaha NU1XPE Hybrid Pianos with bench and Yamaha P22D upright pianos with bench, in music department locations on the University of Milwaukee campus. This also includes delivery and installation.

2. Contract Length: UWM reserves the right to use this contract for three (3) years from the date of purchase order under same terms, conditions, and pricing.

Prices shall remain firm for the first year of the Contract. After one (1) year, price changes must be supported by documented increases in the cost to the Contractor which are demonstrated to be industry wide. Price change requests must go to and be approved by Jamie Schueler, schuelej@uwm.edu.

The resulting contract shall be made available to other UW Systems schools or colleges at the same terms, conditions, and pricing.

3. Ordering: Ordering will be confirmed with a UWM purchase order. Delivered product must be for the awarded products only. Items and quantities as stated in Exhibit B must be available to be delivered to UWM no later than, August 16, 2021.

4. Payment Terms and Invoicing: UWM will pay properly submit vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment.

5. Delivery F.O. B. Destination Freight Prepaid and Allowed: Quote price must include shipping F.O.B. Destination

Freight Prepaid and Allowed. Bid prices shall include all insurance, packing, packaging, transportation, set-up, instructional and manual charges.

6. Delivery: Items must be set in place, connected to utilities as applicable, installed in the area designated by university personnel, demonstrated to be in operation condition, and approved by university personnel. All debris must be removed from UWM’s premises and properly disposed of by contractor. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to UWM personnel as identified. Delivery must be scheduled and coordinated with Randall Trumbull Hopler, (414) 229-2445, rgholper@uwm.edu, to the following 2 locations:

Deliver to: UW Milwaukee Deliver to: UW Milwaukee Music Building Zelazo Center 2400 E Kenwood Blvd 2419 E. Kenwood Blvd Milwaukee, WI 53211 Milwaukee, WI 53211

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6. Returns: Provisions shall be made for full credit or even product exchange for product rendered unusable due to damage upon receipt. UWM will notify Bidder within thirty (30) days of defect upon receipt of said product.

Upon notification by UWM of a duplicated order or over shipment, the items identified must be removed at the Vendor’s expense. UWM reserves the right to dispose of them as its own property and shall not be held liable for any cost of the items if held more than thirty (30) days.

7. Warranty: All parts shall carry the minimum of the manufacturer’s warranty on items and/or parts purchased under this Bid or a one (1) year warranty, whatever is greater, from the date the part was accepted by UWM. All equipment must perform at effective levels in accordance with manufacturer’s specifications, manufacturer’s advertised data sheets, and manufacturer’s technical publications.

Must provide all replaced parts that are manufacture’s factory-made parts unless pre-approved by UWM in writing.

8. Insurance: The Contractor shall maintain Standard Insurance levels as required here: http management/insurance/certificates-of-insurance/.A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents as an ‘additional insured’ under the commercial general and automobile liability policies.” The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

9. Product Fulfillment: Contractor must notify UWM of any back order, discontinuation, of item (s), or other shortages or delays in shipping within twenty-four (24) business hours of receipt of order. Substitutions that are equal to or better may be allowed if approved by UWM in writing and must be approved in writing and must be provided at the same rental rate.

10. Remedies: UWM reserves the right to use alternate vendors when Contractor cannot provide services required within the timeframe requested by UWM.

11. Entire contract: This contract is awarded based on the criteria established in the RFB, including attachments and any amendments issued. The UWM Contract, the RFB including any amendments, contractor’s response with attachments including any written communications incorporated into the contract, and the purchase order, constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as follows: (1) This Bid document, including any amendments/attachments; (2) Official Purchase Order; and (3) contractor’s response to this RFB.

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For the State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee

Jamie Schueler Printed Name

Signature

Dated:

For the Contractor

Signature

Printed Name

Dated:

Jamie Schueler Associate Procurement Specialist

June 11,2021

David A. Hulbert

June 15, 2021

S21-016-O Yamaha Pianos

EXHIBIT B COST SHEET

For Bid responses to be considered, this Exhibit B must be filled out in its entirety. Supplemental bids may be submitted in addition to completion of this attachment. Terms and Conditions attached to bids submit t ed will not become part of any contract between the parties. Bidders are required to provide the total cost of equipment or service needed to fulfill the Bid requirements/specifications and make the system fully functional. No additional charges will be allowed.

12 I P age

Qty Brand and Model # Description Price

Yamaha NU1XPE Hybrid Vertical Piano W/Bench

Total Extended Cost

L I M I T E D

5 –YEAR WARR A NT Y

o n Y a m a h a H y b r i d P i a n o s

Thank you for selecting a YAMAHA product. YAMAHA products are designed and manufactured to provide a high level of defect-free performance. Yamaha Corporation of America (“YAMAHA”) is proud of the experience and craftsman-ship that goes into each and every YAMAHA product. YAMAHA sells its products through a network of reputable, specially authorized dealers and is pleased to offer you, the Original Owner, the following Limited Warranty, which applies only to products that have been (1) directly purchased from YAMAHA’s authorized dealers in the fifty states of the USA and District of Columbia (the “Warranted Area”) and (2) used exclusively in the Warranted Area. YAMAHA suggests that you read the Limited Warranty thoroughly, and invites you to contact your authorized YAMAHA dealer or YAMAHA Customer Service if you have any questions.

THIS WARRANTY COVERS HYBRID PIANOS AGAINST

DEFECTS IN MATERIALS OR WORKMANSHIP FOR 5 YEARS.

Coverage: YAMAHA will, at its option, repair or replace the product covered by this warranty if it becomes defective, malfunctions or otherwise fails to conform with this warranty under normal use and service during the term of this warranty, without charge for labor or materials. Repairs may be performed using new or refurbished parts that meet or exceed YAMAHA specifications for new parts. If YAMAHA elects to replace the product, the replacement may be a reconditioned unit. Although YAMAHA Hybrid Pianos are normally serviced in the home, you will be responsible for any installation or removal charges and for any initial shipping charges if the product(s) must be shipped for warranty service.

However, YAMAHA will pay the return shipping charges to any destination within the USA if the repairs are covered by the warranty. This warranty does not cover

(a) damage, deterioration or malfunction resulting from accident, negligence, misuse, abuse, improper installation or operation or failure to follow instructions according to the Owner’s Manual for this product; any shipment of the product (claims must be presented to the carrier); repair or attempted repair by anyone other than YAMAHA or an authorized YAMAHA Service Center; (b) any unit which has been altered or on which the serial number has been defaced, modified or removed; (c) action regulation, the results of normal wear, battery or battery replacement and any periodic maintenance; (d) deterioration due to perspiration, corrosive atmosphere or other external causes such as extremes in temperature or humidity; (e) damages attributable to power line surge or related electrical abnormalities, lightning damage or acts of God; or (f) RFI/EMI (Interference/noise) caused by improper grounding or the improper use of either certified or uncertified equipment, if applicable. Any evidence of alteration, erasing or forgery of proof- of-purchase documents will cause this warranty to be void. This warranty covers only the Original Owner and is not transferable.

IN ORDER TO OBTAIN WARRANTY SERVICE: Warranty service will only be provided for defective products within the Warranted Area. YAMAHA Hybrid Pianos require in-home service. Contact your local authorized YAMAHA dealer who will advise you of the procedures to be followed. If this is not successful, contact

YAMAHA at the address, telephone number or website shown below. YAMAHA may request that you send the defective product to a local authorized YAMAHA Servicer or authorize return of the defective product to YAMAHA for repair. If you are uncertain as to whether a dealer has been authorized by YAMAHA, please contact YAMAHA’s Service Department at the number shown below, or check Yamaha’s website at usa.yamaha.com. Product(s) shipped for service should be packed securely and must be accompanied by a detailed explanation of the problem(s) requiring service, together with the original or a machine reproduction of the bill of sale or other dated, proof-of-purchase document describing the product, as evidence of warranty coverage. Should any product submitted for warranty service be found ineligible, an estimate of repair cost will be furnished and the repair will be accomplished only if requested by you and upon receipt of payment or acceptable arrangement for payment.

LIMITATION OF IMPLIED WARRANTIES AND EXCLUSION OF DAMAGES: ANY

IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED IN DURATION TO THE

APPLICABLE PERIOD OF TIME SET FORTH ABOVE. YAMAHA SHALL NOT BE

RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR

DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE, DAMAGE TO ANY OTHER

EQUIPMENT OR OTHER ITEMS AT THE SITE OF USE OR INTERRUPTION OF

PERFORMANCES OR ANY CONSEQUENCES. YAMAHA’S LIABILITY FOR ANY

DEFECTIVE PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT,

AT YAMAHA’S OPTION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW

LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR

EXCLUSION MAY NOT APPLY TO YOU. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This is the only express warranty applicable to the product specified herein; Yamaha neither assumes nor authorizes anyone to assume for it any other express warranty.

If you have any questions about service received or if you need assistance in locating an authorized YAMAHA Servicer, please contact:

CUSTOMER SERVICE

Yamaha Corporation of America

6600 Orangethorpe Avenue, Buena Park, California 90620-1373 Telephone: 877-803-5608 usa.yamaha.com

Do not return any product to the above address without a written Return Authorization issued by YAMAHA.

©2013 Yamaha Corporation of America. All rights reserved.

5/20/13 HYBWAR

L I M I T E D

10 YEAR WARRANT Y

O N A C O U S T I C P I A N O S

Thank you for selecting a YAMAHA product. YAMAHA products are designed and manufactured to provide a high level of defect-free performance.

Yamaha Corporation of America (“YAMAHA”) is proud of the experience and craftsmanship that goes into each and every YAMAHA product. YAMAHA sells its products through a network of reputable, specially authorized dealers and is pleased to offer you, the Original Owner, the following Limited Warranty, which applies only to products that have been (1) directly purchased from YAMAHA’s authorized dealers in the fifty states of the USA and District of Columbia (the “Warranted Area”) and (2) used exclusively in the Warranted Area. YAMAHA suggests that you read the Limited Warranty thoroughly, and invites you to contact your authorized YAMAHA dealer or YAMAHA Customer Service if you have any questions.

THIS WARRANTY COVERS THE LISTED PRODUCTS AGAINST

DEFECTS IN MATERIALS OR WORKMANSHIP FOR 10 YEARS.

COVERAGE: YAMAHA will, at its option, repair or replace the product covered by this warranty if it becomes defective, malfunctions or otherwise fails to conform with this warranty under normal use and service during the term of this warranty, without charge for labor or materials. Such service includes in-home repairs for normal and customary repairs. Repairs may be performed using new or refurbished parts that meet or exceed YAMAHA specifications for new parts. If YAMAHA elects to replace the product, the replacement may be a reconditioned unit. This warranty does not cover (a) damage, deterioration or malfunction resulting from accident, negligence, misuse, abuse, improper installation or operation or failure to follow instructions according to the Owner’s Manual for this product; any shipment of the product (claims must be presented to the carrier); repair or attempted repair by anyone other than YAMAHA or an authorized YAMAHA Service Center; (b) any unit which has been altered or on which the serial number has been defaced, modified or removed;

(c) normal wear and any periodic maintenance; (d) deterioration due to perspiration, corrosive atmosphere or other external causes such as extremes in temperature or humidity; (e) damages related to lightning damage or acts of God; (f) the improper use of either certified or uncertified equipment; or (g) any electronic or electro-mechanical devices that may be included as a part of the piano. Any evidence of alteration, erasing or forgery of proof-of-purchase documents will cause this warranty to be void. This warranty covers only the Original Owner and is not transferable.

IN ORDER TO OBTAIN WARRANTY SERVICE: Warranty service will only be provided for defective products within the Warranted Area. YAMAHA Acoustic Pianos require in-home service. Contact your local authorized YAMAHA dealer who will advise you of the procedures to be followed. If this is not successful, contact YAMAHA at the address, telephone number or website shown below. If you are uncertain as to whether a dealer has been authorized by YAMAHA, please contact YAMAHA’s Service Department at the number shown below, or check Yamaha’s website at www.Yamaha.com.

Product(s) must be accompanied by a detailed explanation of the problem(s) requiring service, together with the original or a machine reproduction of the bill of sale or other dated, proof-of-purchase document describing the product, as evidence of warranty coverage. Should any product submitted for warranty service be found ineligible, an estimate of repair cost will be furnished and the repair will be accomplished only if requested by you and upon receipt of payment or acceptable arrangement for payment.

LIMITATION OF IMPLIED WARRANTIES AND EXCLUSION OF

DAMAGES: ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL BE

LIMITED IN DURATION TO THE APPLICABLE PERIOD OF TIME SET FORTH

ABOVE. YAMAHA SHALL NOT BE RESPONSIBLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES OR FOR DAMAGES BASED UPON

INCONVENIENCE, LOSS OF USE, DAMAGE TO ANY OTHER EQUIPMENT OR

OTHER ITEMS AT THE SITE OF USE OR INTERRUPTION OF PERFORMANCES

OR ANY CONSEQUENCES. YAMAHA’S LIABILITY FOR ANY DEFECTIVE

PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT,

AT YAMAHA’S OPTION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW

LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR

EXCLUSION MAY NOT APPLY TO YOU. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This is the only express warranty applicable to the product specified herein;

Yamaha neither assumes nor authorizes anyone to assume for it any other express warranty.

If you have any questions about service received or if you need assistance in locating an authorized YAMAHA Servicer, please contact:

CUSTOMER SERVICE

Yamaha Corporation of America

6600 Orangethorpe Avenue, Buena Park, California 90620-1373 Telephone: 800-854-1569 www.yamaha.com

DO NOT RETURN ANY PRODUCT TO THE ABOVE

ADDRESS WITHOUT A WRITTEN RETURN

AUTHORIZATION ISSUED BY YAMAHA.

©2009 Yamaha Corporation of America. Printed in U.S.A.

7/1/09 KPWAR