(LD-147) 12/29/2005
Terms LD-147
International Service Supervisor
When KMT Waterjet Systems (hereinafter called the Company) provides the Services of a Service Supervisor
(hereinafter called the Supervisor) to consult with and advise the Purchaser in the installation, starting up and/or
overhaul or maintenance of equipment of KMT Waterjet manufacture, such Supervisor shall not be responsible for
the procurement of labor or mechanical work performed by others. The Service Supervisor’s services shall be
furnished under the following conditions:
1. The Purchaser shall pay the Company for the services of
said Supervisor per company service rates and terms in effect at the
time the contracted work is complete. Any day the Supervisor is
available for work and is denied access, with the exception of
national holidays, will be invoiced eight (8) hours at the company
service rate in effect on that day plus associated living expenses.
2. The Company shall also be reimbursed by the Purchaser
for: (a) The Supervisor’s transportation expenses en-route from the
Company’s facility or equivalent starting point to the jobsite and
return thereto; (b) Any processing costs for passports, inoculations,
etc., necessarily incurred in preparation for travel, as well as entry
or exit fees, required to be paid as a result of such travel; (c)
Subsistence and quarters for the Supervisor, comparable to those
furnished the Purchaser's Superintendent. In the event the
Purchaser shall decide to provide living accommodations to the
Supervisor, such accommodations shall be equal to those provided
for the Purchaser's Superintendent and shall not be less than the
maximum accommodations furnished supervisory personnel of
other contractors at Purchaser's jobsite; (d) Local transportation
costs to and from the jobsite (taxi, auto rental, etc.); (e) All living
expenses as detailed in (c) and (d) above for days where the
supervisor has been denied access; (f) Transportation costs for any
required special tools or equipment, plus costs for any of these
items which are not returned to the Company at the completion of
the services.
3. In the event that the Supervisor of the Company becomes
obligated to pay any local taxes, levies, imposts, social charges,
withholdings or duties of any nature, (hereinafter collectively called
Taxes) as a result of services rendered herein, the Purchaser shall
assume and pay such Taxes directly to the local tax authorities, or
alternatively, immediately reimburse the Company for such Taxes,
together with an amount which takes into account any Taxes due on
account of a reimbursement including any taxes thereon. Purchaser
shall pay any tax penalties or late charges which may be due in
connection therewith. In the event the Purchaser pays such Taxes
directly to the local tax authorities, it shall immediately furnish the
Company with appropriate receipts evidencing such payment.
4. All necessary workmen (common, semi-skilled and skilled),
together with proper labor supervision shall be furnished by the
Purchaser, at his expense. All necessary utilities shall also be
furnished by the Purchaser, at his expense. Qualified support labor
must be made available to the Supervisor at all times during the
Supervisor's work hours. The Supervisor is prohibited by the
Company from working alone.
5. The Purchaser shall provide all tools and equipment
required for any installation or service work. The Company’s
Supervisor may bring with him, or ship to the jobsite, special tools
which are and shall remain Company property. If such tools are
too heavy for transport by the Supervisor, the Purchaser shall assist
in arranging for their return to a location designated by the
Company at the completion of the services.
6. The Purchaser shall provide suitable office facilities
convenient to the jobsite for work assignments exceeding thirty
(30) days; facilities to include heat, light, desk, chair, telephone,
and safe storage space for drawings and tools.
7. The Supervisor shall be properly covered with insurance in
the areas of Worker’s Compensation, Public Liability and
Automobile Insurance where the use of a vehicle is required.
Certificates confirming this insurance coverage are obtainable upon
request. The Company shall in no event be liable for any loss
recoverable by the Purchaser under insurance policies covering
Purchaser’s property.
8. The Company agrees that the Service Supervisor will
provide Best Efforts in effecting repairs to equipment supplied by
the Company, but provides no guarantee that such Best Efforts will
result in restoration of proper operation of equipment the Service
Supervisor is contracted to repair.
9. The Company accepts no responsibility for material or the
acts of men furnished by the Purchaser. The Company is not
responsible for the rate of progress or the date of completion of the
work nor for incorrect operation or damage incurred due to
improper storage or handling.
10. The Company shall be permitted to assign all or any
portion of this Contract to a selected Professional Service
organization without the prior consent of the Purchaser.
11. The Company reserves the right to replace a Service
Supervisor after a 30 day period, in which event the Purchaser will
pay to the Company associated expenses for the Supervisor's return
trip. The replacement Supervisor will be furnished on the same
basis as outlined herein.
12. If the services of a Supervisor are required for a period
longer than six (6) months and the Company authorizes such
Supervisor to be accompanied by members of his immediate
family, the Purchaser will pay the Company for round trip expenses
in connection with travel between the jobsite and the respective
normal place of residence of such members of the immediate
family of the Supervisor.
13. The Purchaser agrees that it will render all assistance to
insure the Supervisor will be permitted prompt and safe exit from
the country in which the services are performed.
14. The Company shall not be bound by or required to adhere
to any term or provision of a purchase order, quotation, bid, letter
of credit, or like document, or any provision of law, regulation or
custom, which would cause the Company or any of its parents or
affiliates to be in violation of the export laws, taxing statutes or
regulations of the country of citizenship of the Supervisor or other
country having jurisdiction over this contract.
15. The Company and its affiliates or suppliers shall in no
event be liable to the Purchaser, any successors in interest or any
beneficiary of this Contract for any consequential, incidental,
indirect, special or punitive damages arising out of this Contract or
any breach thereof, or any defect in, or failure of equipment or
machinery, whether based upon loss of use, lost profits or revenue,
interest, lost goodwill, work stoppage, impairment of other goods,
loss by reason of shutdown or non-operation, increased expenses of
operation, cost of purchase of replacement power or claims of
Purchaser or customers of Purchaser for service interruption,
whether or not such loss or damage is based on contract, warranty,
negligence, indemnity, strict liability, or otherwise. The total
liability of the Company under this Contract in all other
respects shall be limited to the purchase price of the services
furnished hereunder.
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