Page V
The Quality Name in High Voltage Switching
Southern States, LLC
Equipment Receipt, Installation, Use, Operation and Maintenance Terms
(“Terms of Use”)
The purchaser (“Purchaser”) of certain Equipment (the “Equipment”) identified in the Instruction
Manual accompanying these Terms of Use sold by Southern States, LLC (“Southern States”), by
Purchaser’s acceptance or Use of Equipment in any way, agrees to the Terms of Use set forth below
(the word “Use” herein means receipt, testing, inspection, installation, operation, maintenance and
otherwise handling the Equipment):
•
Purchaser represents and warrants that it is fully qualified to Use the Equipment, and that it is
a sophisticated user of the Equipment with a high level of expertise in the Use of the Equipment
and Purchaser knows that Southern State is relying on Purchaser’s sophistication and expertise
with respect to the Equipment.
•
The Purchaser will, within seven (7) days after receipt of the Equipment, inspect the Equipment
and identify and notify Southern States in writing of any missing parts, damage or defects
observed in the Equipment.
•
The Purchaser will Use the Equipment, only in conformity with all manuals, data sheets and
instructions provided by Southern States, and in keeping with sound engineering, utility and
safety practice. Purchaser will at its own expense, provide all necessary labor, supplies, and
facilities required to Use the Equipment.
o
The Purchaser may use its own personnel or engage a third party to Use the Equipment.
The Purchaser shall insure that it only utulizes personnel who are fully qualified or
certified by a reputable certification agency to Use the Equipment. In the event that
Purchaser cannot find such qualified personnel, the Purchaser will notify Southern
States and seek its advice to determine a mutually agreeable solution.
o
By separate agreement, Southern States may provide such services and the personnel
to conduct such services in connection with the installation of the Equipment. In the
event Southern States agrees to provide personnel to install, maintain, and operate the
Equipment, such personnel will function only in an advisory capacity and shall have no
responsibility for the supervision, or the quality or workmanship of such installation,
maintenance, or operate of the Equipment.
•
The Purchaser shall not install and operate the Equipment in a way such that a single point of
Equipment failure leads to a cascading event or consequential damage to any person or
property. Purchaser shall ensure redundancy in its system at all times. Purchaser acknowledges
and agrees that electric service is by nature subject to interruptions due to Equipment failures
and shall not agree to provide service free from the effects of Equipment failures
•
The Equipment will be maintained and inspected as provided by this instruction manual and in
compliance with best industry practices, but in no event will the Equipment be inspected and
tested less frequently than once in every 6 months.
WCSR 40690314v3
