Statement of Work.docx

Amada Laser Contract Statement of Work Reference PR # 2124404Y1264A24001

Current contract expires 07/25/2024.

New contract coverage dates

The Amada Maintenance Plan (AMP) ensures machine operation at peak performance, minimal downtime, while covering the cost-of-service calls. In order to guard against an unwanted surprise, and upon your request, an Amada technical specialist assigned to your facility, will perform a comprehensive inspection and preventative maintenance prior to the expiration of your plan agreement. As part of the AMP agreement, you will be eligible for discounts on the purchase of additional parts, tooling and retrofit accessories.

Equipment covered under new contract.

Terms and Conditions:

Amada America, Inc. (Amada) agrees to provide repair services, excluding replacement parts, for the above-designated equipment at the above-designated equipment location as follows:

The Plan covers general repair service for all Amada brand equipment including CNC controls and standard attachments i.e. chillers, dust collectors, etc. All costs for labor, travel and living expenses will be covered so long as an acceptable Purchase Order, incorporated herein by reference, is received by Amada and all payments are received in a timely fashion. All repair services will be provided by AMADA authorized agents during regular business hours from 8:00 a.m. 5:00 p.m. Monday through Friday. Technical advice, troubleshooting and problem solving are available by telephone during normal business hours.

The Plan does not cover accessories, attachments, tooling, control devices not sold by Amada, as well as consumable parts and products including but not limited to oil, lubricants. The performance of required periodic maintenance such as oil change and lubrication as defined in the operation manual and/or machine lubrication plate is not covered. The Plan does not provide repair services for damage resulting from: (1) acts of God, (2) negligence or misuse by owner’s employee, officer, agent or any third party, (3) repair, modification or changes made by unauthorized service personnel including machine service companies, (4) use of spare parts, oil or lubricants not authorized or recommended for machine use,

(5) damage to equipment caused by factors other than machine operations including but not limited to fire, collision, and relocation or movement, (6) failure to perform required periodic maintenance. This agreement will not cover overhaul, reconstruction or modification of equipment or its component parts. Work performed after regular hours, or on Saturdays, Sundays or legal holidays will be invoiced at Amada’s off-hour published rates.

Discounts: Customer is entitled to discounts for purchases on:

Turret Punch Press & Press Brake Tooling, Retrofit and Accessory items. Parts listed in Amada published parts books are discounted if used on a machine covered under an AMP.

Payment Terms: Payment is due net 30 days unless noted otherwise above.

Limit of Liability: AMADA is not liable for any damage, injury, costs, or any other type of loss except where such loss is directly and solely a result of the negligence of AMADA employee or agent. Under no circumstances is AMADA liable for consequential or incidental damages of any type arising under this Agreement or the services provided hereunder.

Assignment of Agreement: This Agreement and the services provided hereunder are personal to Amada and Customer and as such cannot be assigned, unless Amada and Customer agree in writing to such an assignment.

Objection to Terms: Unless an objection to the terms and conditions contained herein, is received by Amada at the address listed above, within fifteen days of the receipt of a copy of this document, these terms shall be binding on both Amada and Customer.

Miscellaneous: This Agreement shall be interpreted and construed in accordance with the laws of the state of California.

In the event any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable or invalid, the remaining provision or portions thereof shall remain in full force and effect. This agreement is non-cancelable without the express written consent of Amada. If payment is not received in a timely manner, Amada shall have no obligation to provide service. Notwithstanding any thing to the contrary, this Agreement and Customer’s purchase order constitutes the entire Agreement between Amada and Customer. Terms of this document shall prevail over any conflicting term of Customer’s Purchase Order, unless agreed otherwise between the parties