U3A-00036845.A_Homestead_RMAG_020924_JDM_(1).pdf

Commercial and Technical Tender ABB Negotiation Number: U3A-00036845

Equipment: R-MAG® Outdoor Dead Tank Breaker 02/09/2024

This proposal offers the market leading circuit breaker, the ABB R-MAG. ABB’s R-MAG has over 20 years of field proven experience and over 30,000 installations. ABB is the only company to offer a full medium voltage portfolio with magnetic actuation, from 15kV to 38kV. The R-MAG is designed to provide the most reliable outdoor breaker in the market, minimizing downtime, improving SAIDI measurements, and significantly decreasing maintenance costs over the lifetime of the product.

ABB’s R-MAG delivers quantifiable value in the following areas:

Increased reliability

• Optimized durability with the ability to achieve 10,000 operations, five times greater than the

ANSI requirement, over a temperature range of -50°C to +70°C (-58°F to 158°F)

• Minimized potential points for failure by having only one moving part in the magnetic actuator operating system, as opposed to spring-charged mechanisms that house over 100 moving parts

• Unparalleled performance of internal components

• ABB magnetic actuator is rated for 100,000 operations for the 15 and 27kV R-MAGs and 50,000 operations for the 38kV R-MAG

• ABB’s world leading vacuum interrupters are rated for 30,000 full load operations

Reduced O&M

• NO MAINTENANCE is required on the magnetic actuator, as opposed to spring-charged mechanisms that are dependent on periodic maintenance to ensure proper operation

• Minimal maintenance is required every 2,000 operations, four times the ANSI standard of 500 operations between servicing

• Shorter maintenance times as there are no coils or motors to replace and there is no gas or oil used

• Easy plug and play design of the ED2 electronic control board for rapid replacement in the field

Warranty ABB's R-MAG has over 20 years of proven experience with over 30,000 installations. The R-MAG comes with a 5-year comprehensive warranty and 24 hour / 7 day a week customer service.

NextGeneration R-MAG cabinet

New NEMA3R The new NextGeneration R-MAG cabinet NEMA3R is designed to exceed the traditional NEMA3R rating. This new NEMA3R introduces numerous improvements focused to provide a higher ingress protection against water and dust.

New NEMA4 cabinet This new cabinet version introduces a set of dedicated special improvements, as compared to NEMA3R, in some key elements of the housing to withstand the most challenging outdoor environments. The new NEMA 4 housing is ready to withstand sleet, snow, heavy rain, storms and wind-driven rain impacting the housing at rates of more than 60 gal./min. from any direction.

New Arc Resistant cabinet The arc-resistant version of the R-MAG® breaker has been tested to internal arc resistance as per IEEE C37.20.7-2017, Type 2B accessibility. The arc-resistant feature provides an additional level of protection to equipment and personnel in the proximity of the arc-resistant R-MAG breaker.

The specially designed enclosure withstands the mechanical and thermal stress of an arc fault and releases the gases through the specially designed chimneys.

ABB is ready to support this proposal with technical application experts, spare parts, training, and support services to ensure the ease of installation and the reduction of the total cost of ownership.

Thank you in advance for considering this proposal. Please do not hesitate to contact ABB with any questions

Commercial and Technical Tender

ABB Inc.

655 Century Point Lake Mary, FL 32746 Tel: 407-732-2000

Date: 02/09/2024 Tender ID: U3A-00036845

Account manager:

Valid through: 03/10/2024 Specifications:

Revision: A

Prepared for: Prepared by:

City of Homestead Jonathan Miller ABB Inc.

Email:

jonathan.miller@us.abb.com

Pricing

Standard lead time*

• 23 weeks with approval drawings

• 18 weeks without approval drawings and an existing bill of material

*See full details in the Delivery section in the Terms and Conditions

Bill of Material(s) - All Items with Price

Item

Qty Description Unit Price

(USD)

Extended Price

(USD)

1 2 Circuit Breaker, Medium Voltage, ANSI Outdoor Vacuum, R-MAG, MB1114DLLNH5ABL4

25,464.70 50,929.40

Types Rating: MB1114 - 15.5 kV 1250 A 110 kV BIL 25 kA Operating duty: O-0.3s-CO-3min-CO

Voltage: 15.5 kV

BIL: 110 kV BIL

Interrupting Current: 25 kA

Legacy Material Number: 1VAS002293-0001

Total Net Price (USD): 50,929.40

ABB Product ID :

Quote No: U3A-00036845

MB1114DLLNH5ABL4

Item Number : 1

Technical Data Sheet

Type R-MAG - Outdoor Dead Tank Vacuum Magnetic Circuit Breaker

Types Rating MB1114 - 15.5 kV 1250 A 110 kV BIL 25 kA Operating duty: O-0.3s-CO-3min-

CO

Voltage 15.5 kV

BIL 110 kV BIL

Interrupting Current 25 kA

Power Frequency 60 Hz

Auxiliary Switches D - (2) 16 deck snap action rotary switch.

Normally this should provide 12 'a' and 12 'b' field adjustable contacts.

CTs 1-3-5 L - 1 Set 1200/5 C400 TR 2.00 (4.12') 1 set of 1200/5 C400 Bushing Current Transformers on bushings 1-3-5.

Thermal Rating Factor @ 30°C: 2.00. Full Winding Metering Class: 0.3B1.8.

CTs 2-4-6 L - 1 Set 1200/5 C400 TR 2.00 (4.12') 1 set of 1200/5 C400 Bushing Current Transformers on bushings 2-4-6.

Thermal Rating Factor @ 30°C: 2.00. Full Winding Metering Class: 0.3B1.8.

Enclosure Material N - NextGeneration R-MAG Cabinet (15kV, 1200A). Review details of NextGeneration cabinet in this quote´s introduction section

High Voltage Door HV Cover Small Cabinet

High Voltage Door HV Door Mid size Cabinet

BCT Shorting Type G.E. EB27 shorting type terminal blocks Due to global Supply Chain crisis, the terminal blocks quoted may be replaced in final production by other terminal block brands like Magnum or Marathon. Technical parameters of alternate terminal blocks match/exceed the parameters of the originally quoted terminal blocks.

BCT Wiring #10 AWG wire. All taps wired to terminal blocks.

ED2.0 board H - 85-264 VAC or 77-280 VDC High Voltage Board (15.5 kV)

Control Voltage 5 - 125 VDC Operating Voltage

Circuit Protection A - Circuit breakers provided for control circuits

Bushing Type Standard Bushing (15.5 kV, 1200 A, 110 kVBIL) Six ANSI-70 gray Porcelain Bushings. Standard creepage: 17.50in. (445 mm)

- 12 THDS copper stud bushing.

Bushing Terminal Connectors 4 - Stud to 4-hole NEMA pad connectors

Control Type B - Basic Unit

Panel Configuration L - Panel w/ std control switch, local/remote, & ind lights only

Control Wiring #14 AWG; Control Wire as required

Control Wiring Lugs Insulated wiring lugs provided

Control Terminal Blocks G.E. type EB25 - 12 point terminal blocks as required Due to global Supply Chain crisis, the terminal blocks used in final production may vary as per availability of Marathon, Magnum or GE terminal blocks. Technical parameters of alternate terminal blocks match/exceed the parameters of the originally assigned terminal blocks.

Heaters (2) 240 VAC, 375 Watt heaters provided; one for the low voltage compartment and one for the high voltage compartment.

Local/Remote Switch (1) Standard local/remote switch provided

Test Switches No test switches provided

Digital Meters No digital meters provided

Thermostats (1) Standard thermostat included. Operating Range: 70°F to 80°F

Wire Markers Brady wire marker sleeves as required

Control Switch Standard control switch w/ indicating lights

Legacy Material Yes

Legacy Material Number 1VAS002293-0001

Special Final Assembly Special Final Assembly None

Seismic Option and Wind Load No Seismic qualificatoin is being provided

Shipping Special Special Shipping Requirements No

Dynamic Accessories 120 VAC relay cabinet light mounted inside relay control cabinet

Dynamic Accessories ED2.0 Capacitor discharge switch

Dynamic Accessories Device Nameplates

Dynamic Accessories ED2.0 board critter guard

Dynamic Accessories External bushing identification stickers on roof

Dynamic Accessories 120 VAC, 1 phase GFI utility outlet mounted inside the relay control cabinet

Dynamic Accessories Ground Clamps (#4 - 4/0)

Termination Count Termination Count 1-350

CT Count CT Count - 6 CT's

Capacitors Count 2 capacitors

CID Code:

9AAE324912Source Location Code:

9AAC30400486

ABB Internal Order Entry Information:

Manufacturing: 3407, Mexico - San Luis Potosi

Schedule 1: ABB Inc. General Terms and Conditions of Sale

Clarifications ABB provides quotation based on the specifications provided by City of

Homestead

Revision History

Rev # Date Description of Change Handled By

Example R-MAG Cost Savings

Operating mechanism maintenance cost savings Mechanism

Spring charged 1 Magnetic actuator Estimated service life (years)2 30 30

Number of years between maintenance 2 Not applicable

Cost per maintenance event $685.00 Not applicable

C o s t p e r e v e n t Labor cost per hour $85 Not applicable

Switching time (hrs) 2 Not applicable

# of workers required for switching 2 Not applicable

Time to complete maintenance (hrs) 2 Not applicable

# of workers required for maintenance 2 Not applicable

Material costs $5.00 Not applicable

Lifetime maintenance costs $10,275.00 $0.00

Lifetime operating mechanism maintenance cost savings: $10,275.00

General breaker maintenance costs

Mechanism

Spring charged Magnetic actuator

Estimated service life (years) 30 30

Number of years between maintenance 5 5

Cost per maintenance event $47.50 $47.50

1 The values used for the spring charged mechanism breaker referred to in the ‘Example R-MAG Cost Savings’ are based on ABB’s R-breaker that utilizes a spring charged mechanism.

2 The Estimated Service Life refers to the normally observed useful service life for a product. The estimated service life will vary based on the environment, maintenance and usage of the breaker; ABB offers a standard 5 year limited warranty for its R-Mag product line.

B 10/12/23 Updated validity and changed qty from 3 to 1 JDM C 10/31/23 Update validity and added ED2.0 critter guard JDM

D 1/12/24 Update validity JDM

Schedule 1: ABB Inc. General Terms and Conditions of Sale

C o s t p e r e v e n t

Labor cost per hour $85 $85

Time to complete maintenance (hrs) 0.5 0.5

# of workers required for maintenance 1 1

Material costs $5.00 $5.00

Lifetime maintenance costs $285.00 $285.00

Lifetime general maintenance cost savings: $0.00

ED2.0 electronic control board cost savings

Spring mechanism change-out cost

R-MAG ED2 board change-out cost

Estimated service life (years) 30 30

Number of years between replacement 10 10

Cost per replacement event $2,780.00 $1,655.00

C o s t p e r e ve n t

Labor cost per hour $85.00 $85.00

Time to complete replacement (hrs)

(coil and motor)

1.5

(ED2 board)

# of workers required for replacement 2 2

Material cost $1,250.00

(coil and motor)

$1,400.00

(ED2 board)

Lifetime maintenance costs $8,340.00 $4,965.00

Lifetime change-out cost savings: $3,375.00

US TERMS AND CONDITIONS OF SALE

General Policies and Conditions

1. This Proposal is offered subject to the following: 1) attached TERMS AND CONDITIONS OF SALE, 2) an executed Master Supply Agreement (“MSA”), and 3) ABB

Inc.’s current general Terms and Condition of Sale. Any conflict among the documents comprising the terms of this Proposal shall be resolved in accordance with the following order of precedence: (i) an executed MSA incorporating the following Terms and Conditions of Sale (ii) attached TERMS AND CONDITIONS OF SALE incorporating ABB General Terms and Conditions of Sale (iii) or ABB General Terms and Conditions of Sale. Non-ABB pre-printed PO terms have no force and/or effect and are hereby rejected by ABB Inc.

2. Buyer represents and warrants that there are no federal, state, or local (collectively “Governmental”) contracting provisions, regulations, flow-downs, or requirements that apply to this transaction, including without limitation any Governmental domestic preference or prevailing wage, other than such terms that have been disclosed and agreed to by Seller in writing. Buyer assumes sole responsibility for any costs associated with non-compliance of terms not agreed by Seller in writing. Unless expressly provided in writing, Seller makes no representation that the quoted product(s) or service(s) comply with any Governmental contracting provisions and regulations.

3. This quotation expires in 30 calendar days unless terminated sooner by notice. Prices do not include federal, state, or local taxes of any kind.

4. Orders not requiring engineered drawings for approval must be released by Buyer for manufacture within 90 days of PO receipt. If engineered drawings are required, they must be returned and approved by Buyer for release within 60 days of mailing. If not, ABB reserves the right to reprice based off current market values.

5. Net 30 days from the date of invoice or per Master Service Agreement with customer

6. Check with local ABB Factories for minimum order value requirements.

Warranty

1. The warranty for products shall expire one (1) year from date of installation or eighteen (18) months after date of shipment, whichever occurs first, except that software is warranted for ninety (90) days from delivery. Some products may have longer warranties. Please see product specific-bulletins or speak with an ABB representative for further information.

2. All warranty claim remedies are provided under the General Terms and Conditions of Sale, or any applicable MSA, whichever is applicable between the parties.

Order Cancellation – Schedule of Charges

1. 10% - Order received.

2. 30% - Drawings for approval submitted, if required.

3. 50% - Revisions to approval drawings submitted, if required.

4. 75% - Order cancellation if:

a. Order is released for manufacturing by the customer, engineered designs which require drawing approvals.

b. Orders acknowledgment by the factory for products not requiring drawing approvals.

5. 100% - Production started.

Delivery and Transportation

1. CPT/FCA ABB's facility, place of manufacture or warehouse (Incoterms 2020). Title and risk of loss passes upon shipment. DAP transportation applies for products shipped from ABB’s Italy, Germany, or Poland factories. Please contact a local ABB representative for additional details.

2. Unless otherwise noted in this quotation, normal transportation and handling is allowed to common carrier point nearest destination within the Contiguous

US (excluding Alaska and Hawaii).

3. Shipment via Air or Open Top/Flatbed/Lift gate truck not included unless specifically listed herein.

4. Special Instruction - The Receiving Associate is required to sign, date, and note specific visible or concealed damage on Bill of Lading at time of delivery.

Freight Company Associate is required to witness Receiver's signature, date, and damage claim annotations. ABB's Post Sales Service Department must be provided with copy of annotated BOL within five (5) days of delivery or Shipper's responsibility ends.

Other Notes

1. Standard factory test procedures will be performed. Customer inspections, customer witness tests, and any other non-standard test procedures are not included unless specifically noted herein.

2. The accompanying Bill of Material is our interpretation of what is required to meet the intent of the listed Drawings and Specifications. Please review thoroughly for accuracy and completeness and advise immediately if any revisions are required. This proposal is limited to the attached Bill of Material only.

3. The Parties are aware of the shortage of raw materials, electronic components worldwide which is likely to last for the foreseeable future, as well as, of market fluctuations in the availability and cost of other raw materials, commodities, other critical components, and transportation capacities. Notwithstanding anything to the contrary in the contract terms and conditions / purchase order, if after the date of ABB's proposal / offer or during the term of the performance of the contract / purchase order there are any changes to availability and / or market conditions for electronic components, raw materials, commodities, and transportation capabilities directly or indirectly affecting ABB's performance, ABB shall be entitled to relief in the schedule of the performance or delivery of the directly or indirectly affected scope of work under the contract / purchase order. In such circumstances, the Parties shall meet without delay and discuss in good faith to find a mutually agreeable solution, with equitable adjustment to the contract / purchase order date of delivery or completion. Customer hereby acknowledges and agrees that in said circumstances ABB may not be able to comply with the originally agreed delivery or completion schedule and that ABB shall not be liable for any liquidated or actual damages in connection thereto.

4. On the day the Purchase Order is received, the prices are subject to adjustment if the cost of labor, transportation, or materials has increased by more than 2% since the date of bid submission or last price adjustment based on appropriate local official labor, transportation, or materials index. In such case ABB reserves the right to adjust the price to include the respective increase.

5. Changes after order entry related to engineering, drawings, or parts could be subject to additional charges and may impact shipment schedule. All customer provided data and requirements must be finalized at the time of purchase order placement.

6. The Estimated Lead-Times contained in this proposal are for estimating purposes only. These lead-times reflect the estimated time to manufacture our products from the order release date until the factory shipment date. Our lead-times are shown in terms of working days, which do not include weekends, factory holidays, nor factory shutdowns. Our published lead-times do not include approval drawing cycle, factory witness testing, or jobsite transit time. The actual lead-times are subject to change at any time and depend on factory loading, scheduled plant shutdowns, and job size. Please contact your ABB sales representative if firm lead-times are needed and they can work on your behalf to obtain pre-negotiated engineering/manufacturing slots as necessary.

ABB INC. GENERAL TERMS AND CONDITIONS OF SALE (2022-01 U.S.)

1. General.

The terms and conditions contained herein, together with any additional or different terms contained in ABB's proposal, quotation and/or invoice (“Proposal”), if any, submitted to Purchaser (which Proposal, Policies, Addendum(s), if any, submitted to Purchaser shall control over any conflicting terms), constitute the entire agreement (the "Agreement") between the parties with respect to the purchase order and supersede all prior communications and agreements regarding the purchase order. Acceptance by ABB of the purchase order, or Purchaser's acceptance of ABB's Proposal, is expressly limited to and conditioned upon Purchaser's acceptance of these terms and conditions, payment for or acceptance of any performance by ABB being acceptance. These terms and conditions may not be changed or superseded by any different or additional terms and conditions proposed by Purchaser to which terms ABB hereby objects. Unless the context otherwise requires, the term "Equipment" as used herein means all of the equipment, parts, accessories sold, and all software and software documentation, if any, licensed to Purchaser by ABB ("Software") under the purchase order.

Unless the context otherwise requires, the term "Services" as used herein means all labor, supervisory, technical and engineering, installation, repair, consulting or other services provided by ABB under the purchase order. As used herein, the term "Purchaser" shall also include the initial end user of the Equipment and/or services; provided, however, that Article 14(a) shall apply exclusively to the initial end user.

2. Prices.

(a) Unless otherwise specified in writing, all Proposals expire thirty (30) days from the date thereof and may be modified or withdrawn by ABB before receipt of Purchaser’s conforming acceptance. All quoted prices are subject to revision at any time in the event of any increase in raw material, energy costs or governmental actions such as tariffs.

(b) Unless otherwise stated herein, Services prices are based on normal business hours (8 a.m. to 5 p.m. Monday through Friday). Overtime and Saturday hours will be billed at one and one-half (1 1/2) times the hourly rate; and Sunday hours will be billed at two (2) times the hourly rate; holiday hours will be billed at three (3) times the hourly rate. If a Services rate sheet is attached hereto, the applicable Services rates shall be those set forth in the rate sheet. Rates are subject to change without notice.

(c) The price does not include any federal, state or local property, license, privilege, sales, use, excise, gross receipts, or other like taxes which may now or hereafter be applicable. Purchaser agrees to pay or reimburse any such taxes which ABB or its suppliers are required to pay or collect. If Purchaser is exempt from the payment of any tax or holds a direct payment permit, Purchaser shall, upon purchase order placement, provide ABB a copy, acceptable to the relevant governmental authorities of any such certificate or permit.

(d) The price includes customs duties and other importation or exportation fees, if any, at the rates in effect on the date of ABB’s Proposal. Any change after that date in such duties, fees, or rates, shall increase the price by ABB's additional cost.

3. Payment.

(a) Unless specified to the contrary in writing by ABB, payment terms are net cash, payable without offset, in United States Dollars, 30 days from date of invoice by wire transfer to the account designated by ABB in the Proposal. ABB is not required to commence or continue its performance unless and until invoiced payments have been received in a timely fashion. For each day of delay in receiving required payments, ABB shall be entitled to a matching extension of the schedule.

(b) If in the judgment of ABB, the financial condition of Purchaser at any time prior to delivery does not justify the terms of payment specified, ABB may require payment in advance, payment security satisfactory to ABB and suspend its performance until said advance payment or payment security is received or may terminate the purchase order, whereupon ABB shall be entitled to receive reasonable cancellation charges. If delivery is delayed by Purchaser, payment shall be due on the date ABB is prepared to make delivery. Delays in delivery or nonconformities in any installments delivered shall not relieve Purchaser of its obligation to accept and pay for remaining installments.

(c) Purchaser shall pay, in addition to the overdue payment, a late charge equal to the lesser of 1 1/2% per month or any part thereof or the highest applicable rate allowed by law on all such overdue amounts plus ABB's attorneys' fees and court costs incurred in connection with collection. If Purchaser fails to make payment of any amounts due under any purchase order and fails to cure such default within ten (10) days after receiving written notice specifying such default, then ABB may by written notice, at its option, suspend its performance under the purchase order until such time as the full balance is paid or terminate the purchase order, as of a date specified in such notice. In the event of suspension, cancellation or termination hereunder, ABB will be entitled to recover all costs for work performed to date, costs associated with suspension, cancellation or termination of the work and all other costs recoverable at law.

4. Changes.

(a) Any changes requested by Purchaser affecting the ordered scope of work must first be reviewed by ABB and any resulting adjustments to affected provisions, including price, schedule, and guarantees mutually agreed in writing prior to implementation of the change.

(b) ABB may, at its expense, make such changes in the Equipment or Services as it deems necessary, in its sole discretion, to conform the Equipment or Services to the applicable specifications. If Purchaser objects to any such changes, ABB shall be relieved of its obligation to conform to the applicable specifications to the extent that conformance may be affected by such objection.

5. Delivery.

(a) All Equipment manufactured, assembled or warehoused in the continental United States is delivered FCA ABB point of shipment, Incoterms® 2020 unless otherwise mutually agreed in writing.

Equipment shipped outside the continental United States is delivered FCA Incoterms® 2020 United States port of export unless otherwise mutually agreed in writing. Purchaser shall be responsible for any and all demurrage or detention charges.

(b) If the scheduled delivery of Equipment is delayed by Purchaser or by Force Majeure, ABB may move the Equipment to storage for the account of and at the risk of Purchaser whereupon it shall be deemed to be delivered.

(c) Shipping and delivery dates are contingent upon Purchaser's timely approvals and delivery by Purchaser of any documentation required for ABB's performance hereunder.

(d) Claims for shortages or other errors in delivery must be made in writing to ABB within ten (10) days of delivery. Equipment may not be returned except with the prior written consent of and subject to terms specified by ABB. Claims for damage after delivery shall be made directly by Purchaser with the common carrier.

6. Title & Risk of Loss.

Except with respect to Software (for which title shall not pass, use being licensed) title to Equipment shall transfer to Purchaser upon delivery according to the applicable freight term. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage with respect to the sale of Equipment shall pass from ABB to Purchaser at delivery as defined in this Agreement. With respect to a purchase order that obligates ABB to complete the installation of purchased Equipment, risk of loss for the Equipment shall pass from ABB to Purchaser at the earlier of the time Purchaser puts the installation to its specified purpose or until the completion of the installation pursuant to this Agreement.

7. Inspection, Testing and Acceptance.

(a) Any inspection by Purchaser of Equipment on ABB's premises shall be scheduled in advance to be performed during normal working hours and subject to rules and regulations in place at the ABB premises.

(b) If the purchase order provides for factory acceptance testing, ABB shall notify Purchaser when ABB will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment.

(c) If the purchase order provides for site acceptance testing, testing will be performed by ABB personnel to verify that the Equipment has arrived at site complete, without physical damage, and in good operating condition. Completion of site acceptance testing constitutes full and final acceptance of the Equipment. If, through no fault of ABB, acceptance testing is not completed within thirty (30) days after arrival of the Equipment at the site, the site acceptance test shall be deemed completed and the Equipment shall be deemed accepted.

8. Warranties and Remedies.

(a) Equipment and Services Warranty. ABB warrants that Equipment (excluding Software, which is warranted as specified in paragraph (d) below) shall be delivered free of defects in material and workmanship and that Services shall be free of defects in workmanship. The Warranty Remedy Period for Equipment (excluding Software and Spare Parts) shall end twelve (12) months after installation or eighteen (18) months after date of shipment, whichever first occurs. The Warranty Remedy Period for new spare parts shall end twelve (12) months after date of shipment. If the purchase order includes the sale of refurbished or repaired parts, the Warranty Remedy Period for such parts shall end ninety (90) days after date of shipment. The Warranty Remedy Period for Services shall end ninety (90) days after the date of completion of Services.

(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, as specified above, 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 ABB promptly after such discovery and within the applicable Warranty Remedy Period, ABB 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. 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 ABB 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, ABB 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. ABB 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-ABB 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. ABB 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 ABB'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 ABB 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. ABB warrants that, except as specified below, the Software will, when properly installed, execute in accordance with ABB'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 ABB promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, ABB 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 ABB's facility necessary corrected or replacement programs. ABB shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser-supplied software or interfacing. ABB 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 ABB’S ENTIRE LIABILITY FOR ANY BREACH OF

WARRANTY.

9. Intellectual Property Infringement.

(a) ABB shall defend at its own expense any action brought against Purchaser alleging that the Equipment or the use of the Equipment to practice any process for which such Equipment is specified by ABB (a “Process”) directly infringes a patent in effect in the United States, an European Union member state or the country of the Site (provided there is a corresponding patent issued by the U.S., UK or an EU member state), or any copyright or trademark registered in the country of the Site and to pay all damages and costs finally awarded in any such action, provided that Purchaser has given ABB prompt written notice of such action, all necessary assistance in the defense thereof and the right to control all aspects of the defense thereof including the right to settle or otherwise terminate such action in behalf of Purchaser.

Notes