Page III
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 States 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 utilizes 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 operation 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.
•
The Purchaser shall not repair, dismantle, or alter any of the Equipment
without Southern States’ written consent.
•
Any failure of Equipment either in service, testing or inspection will be
promptly reported in writing to Southern States within 24 hours of the
failure so that adequate evidence can be collected, appropriate
diagnostic tests can be conducted, and analysis of the failure can be
determined.
•
Southern States will have no liability for any direct, indirect,
consequential or remote damage or injury, whether or not foreseen or
foreseeable, to the Purchaser or any third party or person for any
damages or injury to person or property caused by Purchaser’s or any
third party’s actions, whether or not negligent, in the Use of the
Equipment. Purchaser shall indemnify and hold Southern States and its
employees, officers and directors against any damage or injury caused
in whole or part by Purchaser’s or any third party’s action whether or
not negligent, resulting from the Use of the Equipment. Southern States
expressly rejects any liability to third parties. The Purchaser expressly
waives any claim against Southern States, its employees, officers,
directors and affiliates, for injury or damage to person or property
resulting from Use of the Equipment not directly and solely caused by
Southern States’ negligence. For the purposes of clarity, Southern
States shall not be liable, and be fully indemnified by the Purchaser, for
the following related to the Equipment: normal wear and tear, excessive
use and loading, improper interference or maintenance on the part of
the Purchaser or third parties, incomplete or false information given by
the Purchaser, inappropriate or improper Use, faulty operation,
installation or start-up, faulty or careless handling, improper
maintenance, use of unsuitable operating materials/substitute materials,
defective construction work, hazardous ambient conditions unknown to
the Purchaser, chemical, electro-chemical or electrical influences,
changes to the subject of delivery made without Southern States
consent.
•
In the event that Southern States is found by a court of competent
jurisdiction or a properly empaneled arbitral body to be liable to the
Purchaser for any reason, Southern States shall be entitled to a reduction
in the liability by taking into account the exceptions provided by statute,
law, and any counterclaims Southern States may have against
Purchaser.
•
The failure of Purchaser to comply with these Terms of Use herein shall
void any and all warranties related to the Equipment. These Terms of
Use shall be deemed to be part of the binding contractual agreements
between Purchaser and Southern States related to the Equipment and
shall govern over any inconsistent term or provision in such other
contractual agreements.
