Pinellas_County_Solid_Waste_Service_plan_renewal_56415117-1.pdf

Atlas Copco Compressor Services

PINELLAS COUNTY

SOLID WTP

Juan Arosemena

Quote no: 56415117

Created: 04/05/24

Expiration: 05/05/24

Quote number: 56415117 Created on: 04/05/24

Atlas Copco Compressors LLC

300 Technology Center Way Ste. 550

Rock Hill, SC 29730, USA

Phone: +1 866-472-1013 www.atlascopco.com/service-usa www.atlascopco.com/air-usa

PINELLAS COUNTY SOLID WTP Atlas Copco Compressor Services Attn to: Juan Arosemena Contact person: John Bassler

2861 110TH AVE N

SAINT PETERSBURG, 33716

15045 Lee Rd.

Houston, TX 77032 Phone:

Mobile:

Phone:

Mobile:

562-332-9211 jarosemena@pinellascounty.org john.bassler@atlascopco.com

Dear Juan Arosemena, We appreciate your invitation to quote our service proposal, rest assured we will do our best to meet your expectations.

Service plans are specifically designed to increase compressor equipment uptime, energy savings and administration efficiency at the minimum overall costs.

With our Parts Plan the genuine parts and lubricants, which are specifically selected and tested in our laboratories and research centres for your compressor needs, are reserved in stock for you to arrive in-time.

With Preventive Maintenance package Atlas Copco will relieve you of the burden of maintenance planning and will take over the responsibility for the regular servicing of your equipment:

o We will be happy to support your business assuring continuous in-time maintenance operation.

o When service is due, you will be notified and a maintenance visit upon agreed time will be arranged.

o Our service technicians are always up to date with our maintenance standards and will provide you with the best service in the market.

This proactive maintenance combined with genuine parts are proved to significantly reduce the chances of a breakdown. You are not just buying a service; you obtain a reliable partner, and we are grateful for your trust.

In case you need additional information on this quotation or other service products, please do not hesitate to contact me at any time.

Kind regards, Kind regards, John Bassler Service Sales Manager

John Bassler https://www.atlascopco.com/service-usa http://www.atlascopco.com/air-usa

Service Plans Overview

Parts

Plan

(PP)

Preventive

Maintenance

(PM)

Total

Care

(TW)

Total

Responsibility

(TR)1

Parts, lubricants, and other disposables

Standard Service kits and disposables ✓ ✓ ✓ ✓

Electrical Parts ✓

Machine Oil (when oil-change is required) Extra ✓ ✓ ✓

Automated parts/lubricants ordering and shipping with priority ✓ ✓ ✓ ✓

Expert labor and machine service specialists

Scheduled Machine Inspections with detailed report and recommendations Extra ✓ ✓ ✓

General Maintenance visits (travel and mileage included) Extra ✓ ✓ ✓

Cooler cleaning (with air) 2 Extra ✓

Automated visit scheduling with priority ✓ ✓ ✓

Risk management

Breakdown repairs, incl. labor, mileage, and parts ✓ ✓

Repair of electric motor (incl. Overhaul if needed)

Repair of air compressing elements (incl. elements Overhaul if needed) ✓

24/7 365 emergency service support with highest priority ✓

Uptime Performance Care 3 ✓

SMART services 4

SMARTLINK Uptime Extra ✓ ✓ ✓

SMARTLINK Energy Extra Extra Extra ✓

SPM Extra ✓ ✓

Diagnostic service ✓ ✓

1. Certain Plans and options can be a subject to limitation for certain equipment models and working environment conditions, please verify with your Service

Sales Manager of Atlas Copco Compressors. Provision of parts and elements is a subject to limitation in case of obsolescence, no stock, and no production for machines

2. Only 1 time a year. Cooler water cleaning or extra cleaning visits are to be requested and charged separately.

3. Equipment is to be registered and active in SMARTLink. Only if Uptime Performance Care is explicitly included, limited to certain equipment units.

4. Upgrade or installation of electronical hardware, including but not limited to SMARTBOX, SMART-CLAMP, SPM Sensor, Elektronikon might be required.

Please verify with your Atlas Copco contact person.

Best performance, sustainability, and overall cost efficiency with Service Plans

Did you know that there is a risk of more than 5 % extra energy costs with poorly performed compressor equipment maintenance?

With our professional maintenance delivered on Time, you should not worry about:

• missing the schedule; or

• intricacies of specific machine service.

We help you to save Energy and achieve maximum performance.

Ask for: Service Plan

* Based on 180,000 SMARTLINK connected machines data, calculated as % difference between days of downtime for equipment with Service Plan and without.

Knowing how precious every hour of your production, we do everything to decrease your cost of downtime, because we want to be successful together.

How? Service plan is more than a maintenance. Stay on top, be automatically notified, take an action before problem occurs, overlook your compressor equipment in the palm of your hand. All of this becomes easy with our cutting-edge SMARTLINK technologies of proactive IoT machine monitoring.

Ask for: Service Plan with SMARTLINK

We assure maximum durability, sustainability and efficiency with parts, lubricants, and greaser, which we use for service.

For each equipment model we develop, test, and select products we use for service in our R&D laboratories.

Our Parts & Lubricants will save your time; reduce risks and emission of CO2.

Ask for: Parts Plan or Service Plan

*Estimate for 30-90kW compressors against Tier A and Tier B (low quality) suppliers

Give yourself the certainty you need!

We can even cover some residual risks, including:

• Required Overhauls.

• Breakdown repairs.

• Uptime performance.

Give yourself the benefit of being able to focus on your production, while Atlas Copco takes Total Responsibility for your compressors.

Ask for: Total Responsibility

1.0%

1.9%

3.3%

4.3%

5.0%

5.7% 6.2%

1 2 4 6 8 10 12

EXTRA ENERGY COST*, %

0% 14% 33%

N O A T L A S C O P C O S E R V I C E

A D H O C K S E R V I C E A N D P A R T S

S E R V I C E P L A N

POT EN T IAL DOWN T IME DEC R EASE*

Months of Overdue maintenance

* Measured estimate for Oil injected screw compressors, 70% load, 6k RH's/year, 70F ambient and 131F inlet temp

45,000 compressors with Service Plan are already connected to SMARTLINK

PAYBACK TIMELINE*

Uptime Performance Care

With our unique premium package, we will make

Availability of your compressor equipment as high as possible.

Knowing how precious every hour of your production, we want to do everything to decrease your downtime, because we want to be successful together.

If we cannot achieve at least 97 %, we will pay you back part of your yearly contract value.

We are willing to take the extra mile in our

Partnership because we know that your success is our success, and we believe in our products.

SMARTLINK Services

SMARTLINK gathers, compares and analyzes data from your Compressor equipment on the fly. When needed, it sends out warnings, both to our Central Command Center and to your cell phone or email, allowing us to predict and prevent potential negative events:

SMARTLINK also can provide performance and energy reports allowing you to monitor and tune your system’s energy efficiency. Choose the following SMART subscriptions with your Service Plan:

High Data Modes (1 data sync/per 10 minutes, Shutdowns & warning events immediately)

Uptime License Energy License SPM License

Machine Overview… ✓ ✓

Monthly service overview email… ✓ ✓

Events (basic warnings, shutdowns, other) … ✓ ✓

Customer Report (Event history, service status) ✓ ✓

Basic Health Score… ✓ ✓

Notifications (SMS, email, mobile app) … ✓ ✓

Uptime KPI… ✓ ✓

Recommendations (Uptime)… ✓ ✓

Export measurement data… ✓ ✓

Recommendations (Energy)… ✓

Energy KPI… ✓

Energy overview (ISO50001) ✓

Trend graphs… ✓

Energy Report (KPIs, trends) … ✓

SPM overview of the rotating components ✓

SPM KPI’s and trend (with normalization) ✓

SPM recommendations to avoid downtime ✓

Extra: Diagnostics Service, proactive Experts’ analysis and recommendations (Mk5 is required)

Table 1 - Pricing and Services Summary

Machine Description Serial

Number

Up To Running Hrs. Per

Year

Service Type Planned

Visits

Visits Per Year

Oil Type

E le m e n t

O v e rh a u l

In c lu d e d

M a in M o to r

O v e rh a u l

In c lu d

E le c tr ic a l

P a rt s

In c lu d

C o o le r

C le a n in g

In c lu d

Price Per Year

GA11 125psi FF RIF CAI705083 4000 Preventive

Maintenance

AIBIAIBI

AI

2.00 FoodGrade N N N N $ 2,988.88

GA11 125psi FF RIF CAI705084 4000 Preventive

Maintenance

AIBIAIBI

AI

2.00 FoodGrade N N N N $ 2,988.88

FX6 UL (115V) ITJ120409 8000

Preventive

Maintenance

AAAAA

AAAAA

2.00 N N N N $ 476.19

Total Price per year without taxes $ 6,453.95

1. The schedule for estimated regular maintenance Visits and Activities is provided separately, when required. Any included Overhaul is performed only when needed, Atlas Copco reserves the right to decide on its schedule to assure uptime performance and efficiency of the equipment.

2. By standard, when included, Cooler Cleaning is performed only 1 time a year. Water Cooler cleaning or extra cleaning visits are to be requested and charged separately.

3. Subscription to SMART Services might require an upgrade or installation of electronical hardware, including but not limited to SMARTBOX, SMART-CLAMP, SPM Sensor, Elektronikon. Please verify with your Atlas Copco contact person.

PINELLAS COUNTY SOLID WTP

Initials ___________________________ Initials ___________________________

Printed name ___________________________ Printed name ___________________________

Date ___________________________ Date ___________________________

John Bassler 4/5/2024

Activities List per Visit Equipment: GA11 125psi FF RIF- CAI705083

Visit Type I A B C D E F

Clean air filter housing x x x

Test pressure relief valves x x x

Check for air- water- & oil leakage x x x

Check Coupling/Belts x x x

Check fastenings x x x

Check electrical components x x x

Clean compressor x x x

Change belt(s) x x

Change thermostatic valve x

Check/clean scavenge line x

Check/clean condensate drain(s) x x x

Test regulating system x x x

Change air filter element(s) x x

Clean moisture trap x x oilchange depending on oiltype/condition x x

Change oil separator element x x

Change compressor oil filter x x

Overhaul moisture trap

Overhaul unloader valve x

Replace element(s) (use exchange elt.)

Replace cubicle filters x x

Check for refridgerant leaks(FF only) x x x

Function test moisture trap x x x

Check Dewpoint & Indicator Lamps(FFonly) x x x

Check oil level x x x

Check oil- & aftercooler,clean extern x x x

Clean cooler block (int/ext)

Inspect cooling fan hub/blades x x x

Check cooling air flow x x x

Equipment: GA11 125psi FF RIF- CAI705084

Clean air filter housing x x x

Test pressure relief valves x x x

Check for air- water- & oil leakage x x x

Check Coupling/Belts x x x

Check fastenings x x x

Check electrical components x x x

Clean compressor x x x

Change belt(s) x x

Change thermostatic valve x

Check/clean scavenge line x

Check/clean condensate drain(s) x x x

Test regulating system x x x

Change air filter element(s) x x

Clean moisture trap x x oilchange depending on oiltype/condition x x

Change oil separator element x x

Change compressor oil filter x x

Overhaul moisture trap

Overhaul unloader valve x

Replace element(s) (use exchange elt.)

Replace cubicle filters x x

Check for refridgerant leaks(FF only) x x x

Function test moisture trap x x x

Check Dewpoint & Indicator Lamps(FFonly) x x x

Check oil level x x x

Check oil- & aftercooler,clean extern x x x

Clean cooler block (int/ext)

Inspect cooling fan hub/blades x x x

Check cooling air flow x x x

Equipment: FX6 UL (115V)- ITJ120409

Check condenser (AC) and clean extern. x

Check/clean condensate drain(s) x

Change condensate drains

Commercial Terms and Conditions of Service

1. Quote validity: This quote expires 30 days after generation

2. PO/Agreement reference number: ___________ PO expiration: ___________ (MM/DD/YYYY)

(a) PO renewal: Required within 30 days before PO end date.

(b) Agreement Start date: ___________ (MM/DD/YYYY) Agreement duration: ___ years

(c) Agreement and PO periods cannot exceed the Durations stated per line item in the ‘Service Plan(-s) pricing’ table.

3. Payment terms: 30 days after the invoice date. Taxes not included in quoted price and will be added to invoice. Number of invoices per year: __

4. Price reviews:

(a) Anytime when agreed yearly running hours for a machine are exceeded by 1,000h.

(b) Anytime there is a change in working environment or installation.

(c) Maximum 7% increase every 12 months or at the end of valid Purchase Order (whichever is sooner), if the new Purchase Order is provided before expiration of old purchase order. Atlas Copco will contact Customer in case a higher price growth might apply.

5. Transportation and other costs: Freight included.

(a) Forklift and/or other lifting equipment is to be provided by the customer. Additional charges will be added if not available or in scope of supply.

(b) Overhauls and service are performed on site, otherwise freight costs and other costs may apply.

(c) Extra costs if working outside normal working hours (8:00am - 5:00pm, Monday through Friday).

6. Agreement termination with 30 days written notice.

(a) Customer is entitled for a refund for any services that have not been performed but already paid for. Seller is entitled to additional payments for any services and products that were provided before the termination, but not fully paid.

7. Service plan(-s):

(a) Inspection Plan (IP). Atlas Copco will provide labor and travel for the agreed inspection visits and activities.

(b) Parts Plan (PP). Atlas Copco will assure timely delivery of service kits and optionally other standard parts or lubricants. If included in the quotation, Atlas Copco will perform Inspection visits.

(c) Preventive Maintenance (PM). All spare parts, consumables, labor, and travel deemed applicable by Atlas Copco to perform the activities specified in the quotation for each planned service visit will be provided.

(d) Provision of parts and elements is a subject to limitation in case of obsolescence, no stock and no production for machines. Any agreed hours of work remain subject to availability of Atlas Copco’s service personnel.

8. Customer responsibilities:

(a) Keep the equipment in a clean condition, free of any corrosive contaminants and acceptable working environment. Perform general cleaning of main and supporting (e.g., cooler) equipment and parts, unless otherwise explicitly agreed in writing by Atlas Copco.

(b) Use only genuine Atlas Copco Parts and Lubricants approved by Atlas Copco, avoid non-authorized by Atlas Copco changes to equipment or installation.

(c) Take the necessary action on compressor equipment repairs recommended by Atlas Copco. Make the equipment units available for an overhaul (and pay for an overhaul unless included in the Service plan) if SPM readings or other metrics indicate the need for it.

(d) Perform daily and weekly inspection on the compressor equipment. Inform Atlas Copco of any changes in compressor operational conditions and changes in the equipment installation.

9. Liability limitation. Neither party shall be liable for any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of total or partial use of products, downtime cost, loss of profits or revenues.

ALL OTHER TERMS ARE SPECIFIED IN THE PREVIOUSLY SIGNED SERVICE AGREEMENT OR IN ATLAS COPCO GENERAL TERMS AND CONDITIONS OF SERVICE SET FORTH BELOW. THIS DOCUMENT, ANY PART OF IT IS A SUBJECT TO NON-DISCLOSURE AND CONFIDENTIALITY DESRIBED IN GENERAL TERMS AND CONDITIONS OF

SERVICE AND IT CANNOT BE SHARED TO A THIRD PARTY WITHOUT AN EXPLICIT WRITTENT CONSENT OF ATLAS COPCO

By signing this document, you agree to Atlas Copco terms and conditions of Service, and you are authorizing Atlas Copco Compressors LLC to automatically invoice as detailed above, using the PO/agreement number stated in this document.

Atlas Copco Compressors LLC PINELLAS COUNTY SOLID WTP

Signature ___________________________ Signature ___________________________

Printed name ___________________________ Printed name ___________________________

Date ___________________________ Date ___________________________

John Bassler 4/5/2024

Atlas Copco General Terms and Conditions of Service (Revised April 4th, 2022)

Atlas Copco Compressors LLC (a Delaware limited liability company having its principal place of business at 1800 Overview Drive, Rock Hill, South Carolina 29730, USA) is referred to herein as “Atlas Copco”, and the customer or legal entity purchasing a service from Atlas Copco is referred to as the “Customer”. “Services” means products, services and associated parts provided to Customer by Atlas Copco as defined in the Service Plan set out in the quotation.

These Service Terms and Conditions along with Atlas Copco’s applicable quotation constitute the complete and exclusive statement and understanding of the terms of the agreement governing the supply of Services by Atlas Copco to the Customer (“Agreement”). Except where a written services agreement is expressly agreed upon by the parties, The Customer’s issuance of a purchase order and/or the Customer’s acceptance of any work performed by Atlas Copco shall constitute acceptance of these Service Terms and Conditions. Notwithstanding any contrary provision in the Customer’s purchase order or other document, commencement of performance by Atlas Copco shall not constitute acceptance of the Customer’s terms and conditions to the extent any such terms or conditions are inconsistent with or in addition to these Service Terms and Conditions. Any and all terms, conditions, and other provisions from the Customer (whether or not contained in a request for quotation, purchase order, or otherwise) which are inconsistent with or in addition to these Service Terms and Conditions are rejected and shall not be binding on Atlas Copco. No waiver, alteration, amendment, or other modification of these Service Terms and Conditions shall be binding on Atlas Copco unless made in a writing (identifying the applicable quotation number and clearly identifying and agreeing to the modification) signed by an authorized Atlas Copco manager at Atlas Copco’s offices.

1. Quotation Validity Unless otherwise expressly stated in the quotation, the quotation is valid for a period of 30 days after it is issued by Atlas Copco. Beyond that, quotations will require confirmation or adjustment by Atlas Copco.

2. Terms of Payment Unless otherwise expressly agreed in writing by Atlas Copco, each invoice is due and payable 30 days after the invoice date. The Customer shall have no rights to any setoffs relating to any payments due under this Agreement. In the event of late payment, Atlas Copco reserves the right to charge interest at the lower of an annual rate equal to 12% or any applicable maximum statutory rate on all unpaid amounts calculated on a day-to-day basis until the actual date of payment.

3. Price Adjustments

a. The annual price is subject to an adjustment on completion of each twelve months from the commencement date (hereinafter referred to as the “review date”); however, the price increase at each such review date shall not exceed certain percent (agreed in “Commercial Terms and Conditions of Service”) of the preceding twelve-month period’s price, unless otherwise explicitly agreed in writing. It is expressly understood that this price increase limitation does not apply to Service Plans, for which price has been agreed longer than 12 months ago. For example, it is expressly understood that upon a renewal of any 3-year, 5-year or 10-years’ Service Plan where price stayed the same over the whole period price rates will be adjusted to current pricing of the products or services. Price increase limitation might not be applicable in case Purchase Order is not provided before the due date.

Atlas Copco will notify Customer in case a higher yearly price growth might apply.

b. Regardless of the duration of the term and even if the price is stated as a fixed annual price, the price is subject to an adjustment at any time during the term if any major change occurs in the operating or site conditions of the compressor. Major changes include but are not limited to: (i) Customer’s act of moving the compressor (even if within the facility), (ii) placing another piece of equipment in such a way that coolant air inflow into the compressor is affected, or (iii) making electric power-related changes, or exceeding the compressor’s estimated yearly running hours (specified in the quotation’s Pricing and Services Summary, in the column entitled “Estimated Running Hours per Year” ) by more than one thousand (1,000) hours. In addition, the price is subject to an adjustment at any time if there is any addition of service and annually based on machine aging and wearing out.

4. Taxes The price does not include taxes. Any and all applicable taxes (except any taxes on Atlas Copco’s income) will be added to any price payable by the Customer.

5. Service

a. Services are provided in accordance with the selected Service Plan, which is described in detail in the quotation. Atlas Copco’s quotation also describes the scope of products, parts and activities for each specific unit of equipment. The activities will be performed by Atlas Copco in accordance with the compressor’s instruction manual or as determined by the compressor’s operating context. After each visit, an electronic service report will be provided by Atlas Copco to the Customer. The service report will outline the Service provided and any repairs recommended. When requested, the service report must be signed by a Customer representative, thereby verifying the work, as specified, has been completed.

b. Atlas Copco will contact the Customer before any visit. All work will be performed during Atlas Copco’s normal working hours (8:00 am to 5:00 pm, Monday through Friday excluding public holidays), unless otherwise mutually agreed in writing, or if breakdown service outside Atlas Copco’s normal working hours is included in the Service Plan coverage. If Atlas Copco agrees to perform work outside of Atlas Copco’s normal working hours, Atlas Copco reserves the right to charge the Customer extra in accordance with Atlas Copco’s applicable rates.

6. Limitations of Service Obligations

a. Applicable to all Service Plans, Atlas Copco shall not be obligated to inspect, service, repair any compressor or provide any sort of compensation under this Agreement in the event of:

(i) Customer’s failure to perform any of its responsibilities set forth in Section 7.

(ii) Any failures influencing the function of the compressor caused by unforeseen circumstances including, but not limited to, accidental or wilful damage to the compressor by the Customer or a third party, failure of electric power for the compressor (or interruption or fluctuations of electric power, or out-of-specification electric power), improper quality and/or quantity of air going into the compressor, introduced contamination, or improper repair, servicing, or alteration of the compressor by the Customer or a third party; or

(iii) Operation outside specified parameters.

(iv) Negligence, abuse or maintenance overdue for more than 60 days.

(v) Changes in any part of equipment and/or installation performed without authorization by Atlas Copco.

b. Under a Service Plan, electrical components are not supplied unless otherwise explicitly included in the quote.

c. Under all Service Plans, temporary rental of compressors or other related equipment/ alternative and backup air supply are not included to cover compressor outages or downtime unless expressly agreed in writing or added to the proposal as an additional service and signed by an authorized Atlas Copco manager.

d. Unless otherwise explicitly agreed in writing by Atlas Copco, repairs or upgrades beyond the overhaul scope will be invoiced separately after authorization by the customer.

e. Expedited freight service is not included, unless explicitly agreed in writing and signed by authorized Atlas Copco representative, and it will be charged separately as an extra service if required by the Customer.

f. Provision of parts and elements is a subject to limitation in case of obsolescence, no stock and no production of them for machines.

g. Any agreed hours of work remain subject to availability of Atlas Copco’s service personnel and the limitations of other service limitations stated in the Section 6 or Commercial Terms and Conditions of the quote. For any Service agreement, emergency repair cannot be planned sooner than 24 hours after the request is logged.

7. Customer Responsibilities Under all Service Plans, Customer shall be responsible for all of the following:

a. Perform daily and weekly (8 and 40 hour) inspection on the compressor equipment in accordance with the compressor’s instruction manual (including in the manual’s preventative maintenance schedule).

b. Keep the compressor equipment in a clean condition within the technically acceptable environment (including but not limited to temperature range, humidity range, and other factors), free of any corrosive contaminants that may be found on their site as a direct or indirect result of the operation and operate it as recommended in the compressor’s instruction manual and in accordance with any recommendations of Atlas Copco’s service specialists.

c. Report to Atlas Copco any change in the equipment installation after the Agreement is signed and in case the installation has not been performed by Atlas Copco trusted specialist in accordance with Atlas Copco standards, technical requirements, and recommendations.

d. Ensure that water in the compressor’s cooling circuits (if applicable) and ventilation is within the limits of quality, quantity and temperature as recommended by Atlas Copco.

e. Upon request, an authorized by Atlas Copco specialist should be provided with an access and means to inspect site conditions and equipment installation. Specifically for centrifugal compressors, cooling water, electrical, and discharge air requirements might need to be confirmed.

f. Perform general cleaning of main and supporting (including regular cooler cleaning) equipment and parts, unless otherwise explicitly agreed in writing by Atlas Copco.

g. Use only genuine Atlas Copco Parts and Lubricants approved by Atlas Copco.

h. Advise Atlas Copco immediately of any changes of compressor operational conditions or site conditions and any malfunctions or failures that may influence the proper functioning of the compressor.

i. Provide Atlas Copco with free and full access to the compressor, during previously agreed-upon times, to perform scheduled visits pursuant to this Agreement. The Customer will at its own cost supply adequate lighting, power, and other facilities to which Atlas Copco may reasonably need access to in connection with performing the service. If Atlas Copco’s service technician has to wait for more than thirty minutes for access to the compressor during a scheduled visit, additional hour charges may apply. If the technician is not allowed in and a new visit has to be scheduled, the Customer shall bear the mileage and displacement time charges.

j. If any forklift and/or other lifting or rigging equipment is necessary (as reasonably determined by Atlas Copco) for Atlas Copco to perform any activity under this Agreement, the Customer shall supply such equipment at the Customer’s own cost together with sufficiently skilled and qualified labor in connection therewith.

k. Take the necessary action on compressor repairs recommended by Atlas Copco.

l. Promptly return all hardware and software (including but not limited to SMARTLINK remote monitoring products) furnished by Atlas Copco in connection with this Agreement, upon expiration/termination of the Service Plan, unless expressly agreed otherwise by Atlas Copco.

m. For Service Plans with duration longer than 1 year, before the end of each Agreement year, the Customer shall send a Purchase Order to Atlas Copco detailing the scope of agreed Services and Products for the following 12 months. In case of failure to issue a Purchase Order for the following year within 30 days before current Purchase Order Expiration, Atlas Copco reserves the right to terminate the Agreement immediately.

n. Make the compressor available for an Overhaul of the compressor’s element and/or main motor if shock pulse monitoring (“SPM”) readings by Atlas Copco or other metrics indicate the need for an overhaul. If the Customer fails to do this, then Atlas Copco’s responsibility to provide service for the compressor under this Agreement will cease. Unless it is included in the Service Plan, Atlas Copco will quote and charge the Overhaul costs.

Overhauls are generally performed on site, otherwise freight costs and other costs may apply.

o. For Service plans with extended warranty coverage, such as breakdown repair, SMARTLINK and related connectivity services must remain activated during the whole Agreement period (for equipment operated without working SMARTLINK devices other means for monitoring are to be applicable). Customer has to notify Atlas Copco immediately, when this is not possible.

8. Software License Any software and source code and all revisions thereof embedded in or otherwise associated with any service or product (whether SMARTLINK remote monitoring or otherwise) furnished by Atlas Copco (the “Software”) is and shall remain the property of Atlas Copco (and/or its licensors), and in no event will title thereto be sold or transferred to the Customer. Subject to the Customer complying with all terms and conditions of this Agreement, Atlas Copco grants to the Customer a revocable, non-exclusive, non-transferable license to use, until termination or expiration of the Service Plan (whichever occurs first), the Software solely in accordance with the use intended by Atlas Copco. The Customer may not make copies, may not transfer, and may not export the Software unless expressly agreed in a written agreement signed by authorized representatives of Atlas Copco and the Customer.

9. Warranty

a. Warranty on equipment and parts supplied under a separate contract will be in accordance with the warranty provisions of the equipment set forth in that contract.

b. For all other Service work, the warranty on parts is 90 days and labor 30 days from the date of site attendance. Travel costs and accommodation are not included and will be charged to the Customer at the rates ruling at the date of site attendance.

c. Repair or replacement of non-conforming parts and re-performance of labor (in a workmanlike manner) shall be the Customer’s exclusive remedy with respect to the quality of or any defect in the parts or other material or associated services delivered or performed hereunder.

d. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY OR OTHERWISE, WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY AND

FITNESS FOR PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

10. Termination

a. This Agreement (or a specific Service Plan for a specific compressor under this Agreement) may be terminated before the expiry of the term by mutual agreement in writing of the parties.

b. Either party may terminate this Agreement (or a specific Service Plan for a specific compressor under this Agreement) before the expiry of the term upon 30 days written notice of termination to the other party.

c. If an overhaul is performed during the Agreement period as a part of the Service Plan, preliminary cancellation of the Service plan agreement can only be accepted after the maintenance is compensated (general list price of the overhaul is charged).

d. The Agreement can be terminated by Atlas Copco immediately without further notification, if a new purchase order is not provided by the Customer prior to expiration of previous purchase order.

e. Atlas Copco shall at any time be entitled to terminate this Agreement, or to suspend its performance under this Agreement, with immediate effect by notice in writing to the Customer:

(i) In the event of any major change to the operating or site conditions of the compressor.

(ii) If Customer neglects to perform responsibilities set in this Agreement.

(iii) If the Customer commits any continuing or material breach of any term of this Agreement and in the case of such breach which is capable of remedy, fails to remedy the same within 30 days after receipt of a written notice to do so from Atlas Copco.

(iv) If the Customer goes into liquidation or makes any voluntary arrangement with its creditors or becomes subject to an administration order or an encumbrance takes possession of or a receiver is appointed over any of the property or assets of the Customer; or

(v) If the Customer ceases or threatens to cease to carry on business.

f. Upon termination, the Customer is entitled to a refund for any services that have not been performed but already paid for; Seller is entitled to compensation for any products or services that were provided under the agreement but were not fully covered by the payments.

11. Limitation of Liability NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF TOTAL OR PARTIAL USE OF PRODUCTS OR FACILITIES OR SERVICES, DOWNTIME COST, LOSS OF PROFITS, AND LOSS OF REVENUE, WHETHER BASED ON CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CUMULATIVE TOTAL LIABILITY OF ATLAS COPCO ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS AGREEMENT OR ANY SERVICES FURNISHED UNDER THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE AN AMOUNT EQUAL TO THE PRICE PAID BY THE CUSTOMER TO ATLAS COPCO FOR THE SERVICE TO THE SPECIFIC COMPRESSOR(S) GIVING RISE TO THE CLAIM.

12. Force Majeure Atlas Copco shall not be liable for loss, damage, detention, or delay, nor be deemed to be in default from causes beyond its reasonable control including but not limited to acts of God, or from fire, storm, strike or other concerted action of workmen, act or omission of any governmental authority or of Purchaser, compliance with import or export regulations, insurrection or riot, embargo, quarantine, epidemic, pandemic, delays or shortages in transportation, or inability to obtain necessary engineering talent, labor, materials, or manufacturing facilities from usual sources. In the event of delay due to any such cause, the date of delivery will be postponed by such length of time as may be reasonably necessary to make up for such compensate for the delay.

13. Environmental Disclaimer The environmental management at any site on which any compressor is used is the responsibility of the Customer. Atlas Copco shall not be liable for any violation by the Customer of any environmental law or regulation, including but not limited to any law or regulation pertaining to noise, water, atmosphere, air, sewer, hazardous waste, disposal, etc.

14. SMARTLINK

The equipment may include a data monitoring service called SMARTLINK. The data received by Atlas Copco may be used by Atlas Copco and certain third-party distributors and contractors for the purpose of increasing overall customer service. Atlas Copco will use commercially reasonable efforts to ensure that Purchaser’s data is kept confidential. Purchaser acknowledges that the use of the SMARTLINK is provided “as is”, that use of the service is entirely at Purchaser’s risk, and that Atlas Copco may discontinue the SMARTLINK service at any time. Purchaser may request discontinuance of the SMARTLINK service at any time. SMARTLINK Terms and Conditions are available upon request.

15. Confidentiality Each party (as to information disclosed, the “Disclosing Party”) may each disclose Confidential Information to the other party (the “Receiving Party”) in connection with this order/contract/agreement and/or performance hereunder. “Confidential Information” means all information related to the business, products, or services of the Disclosing Party (including but not limited to Seller’s Products/Services) that is not generally known to the public. The Receiving Party agrees: (i) to use the Confidential Information only as the Disclosing Party intended it to be used by the Receiving Party in connection with the order/contract and proper use of the Product, and (ii) to take reasonable measures to prevent disclosure of the Confidential Information to third parties. Upon the Disclosing Party’s request, the Receiving Party shall destroy or return to Disclosing Party all copies of Confidential Information.

The obligations of this Section shall not apply to any portion of the Confidential Information that: (i) is or becomes generally available to the public other than as a result of disclosure by the Receiving Party, its representatives or affiliates, (ii) is independently developed by the Receiving Party, its representatives or affiliates, without reference to or use of the Confidential Information, (iii) is or becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party when the source is not, to the best of the Receiving Party’s knowledge, subject to a confidentiality obligation to the Disclosing Party; or (iv) is required to be disclosed by valid legal process or law provided that the Receiving Party who intends to make such disclosure shall promptly notify the Disclosing Party prior to such disclosure and shall reasonably cooperate in attempts to maintain the confidentiality of the Confidential Information. It is expressly agreed that this Section survives any expiration/termination of the order/contract/agreement.

16. Miscellaneous

(a) Notices: Where written notices are required under this Agreement, they shall be deemed duly given when made in writing and delivered to the other party's address shown in this Agreement. Addresses may be changed by written notice to the other party. Notices shall be delivered by hand, overnight courier service or certified mail, return receipt requested. Notification will be deemed to have taken place upon delivery, if delivery is by hand, overnight courier service or 5 calendar days after posting if sent by certified mail. (b) Partial Invalidity: If any term of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part the other terms of this Agreement and the remainder of the affected term shall continue to be valid. (c) Waiver: Any waiver by Atlas Copco of a breach of any terms of this Agreement by the Customer shall not be considered as a waiver of any subsequent breach of the same term or any other term. (d) Assignment: The Customer may not assign this Agreement, or any portion thereof, without the express written consent of Atlas Copco. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon the successors and assigns of the parties hereto.