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<br />Maintenance and Service Contract Proposal <br />July 1 O, 2012, Page 3 <br />Transdyn reserves the right to investigate claims by City of Santa Ana as to defects. City of <br />Santa Ana shall pay costs to investigate invalid claims and for any repair or replacement shown <br />by investigation not to be covered by warranty. <br />Products supplied but not manufactured by Transdyn shall be subject only to the warranty <br />extended by the original manufacturer. <br />THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU <br />OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR, IMPLIED <br />(INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR <br />PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF <br />DEALING OR USAGE OR TRADE), EXCEPT OF TITLE AND AGAINST PATENT <br />INFRINGEMENT. <br />Maintenance and Service Requests <br />a) All maintenance and service requests shall be documented by the Client (i.e. fax, <br />memo, etc.) for future reference and administrative purposes. All maintenance and <br />service requests shall be acknowledged in writing by Transdyn, including diagnosis <br />and corrective actions taken. <br />b) All on-site services provided will be documented on field service reports which will be <br />submitted to the Client daily as services are provided. <br />Standard Scheduling and Availability <br />a) Transdyn personnel will be generally available during normal working hours, 8:OOam <br />- 5:OOpm, Monday through Friday. Scheduling of maintenance and service work will <br />be based upon current personnel schedules and availability (i.e. at the time of any <br />given request), and the priority of the request. Priorities for maintenance and service <br />requests will be determined on a case-by-case basis. <br />b) Transdyn personnel will also be available for on-call telephone consulting and <br />troubleshooting services, outside the normal work schedule defined above. <br />Accepted: $20,000 <br />Resident Maintenance and Service Personnel <br />a) One resident Transdyn Service Engineer will be assigned on a full-time basis to <br />perform preventative and corrective maintenance on-site during normal working <br />hours based upon an 8-hour/day, 40-hour/week schedule. The starting time of daily <br />shifts will be in accordance with normal Client maintenance personnel. <br />Accepted: $ Not included <br />TRANSDYN, INC. • 4256 Hacienda Drive, Suite 100 • Pleasanton, CA 94585 <br />Tel: (925) 225-1600 • Fax: (925) 225-1610 • wwav.transdyn.com