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Sample contract
language to specify
non-proprietary products. |
Here is sample
language to insert in your project specifications and/or contract to protect yourself from the
pitfalls of proprietary products. Feel free to modify it to suit your
situation and substitue your own section numbers
for those shown:
1.00 Non-Proprietary Equipment
1.00.1 Equipment and component parts installed, supplied or provided
under this contract shall be manufacturer's non-proprietary equipment or
shall be manufactured and distributed by a third-party, non-installer
company regularly engaged in serving the elevator industry.
1.00.2 Equipment and component systems shall not employ any
proprietary designs that could hamper and/or otherwise prohibit subsequent
maintenance, repairs or adjustements by all qualified contractors.
1.00.3 Manufacturer's of apparatus shall provide parts replacement on
open market to all maintenance providers for equipment and component systems
for as long as said parts are available to ensure apparatus or systems
remain maintainable regardless of who may be selected for future service.
Prior to final acceptance complete parts manuals for
all major and minor component parts shall be provided.
1.00.4 Prior to final acceptance
a complete set of as-built, "adjustor-level" wiring diagrams shall be
provided to the Owner along with any nomenclature documents.
1.00.5 Manufacturer shall, if not maintaining the equipment, promptly
notify Owner of any safety bulletins affecting said microprocessor-based
control systems of which Owner or Owner's agent should take action.
1.00.6 Prior to final acceptance, Owner or Owner's representative
reserve the right to accept or reject materials submitted in compliance of
these paragraphs. Contractor shall have thirty (30) days to resubmit
for approval, replacements for any items rejected.
1.01 Diagnostic Tools
1.01.1 Prior to final acceptance of the completed elevator system,
the Contractor shall deliver to the Owner any specialized tool(s) that may
be required to perform diagnostic evaluations, adjustments and/or
programmable software changes on any unit of microprocessor-based elevator
control equiment installed by the Contractor. Any such tools shall
become the property of the Owner.
1.01.2 If any diagnostic tools provided to the Owner require periodic
re-calibration and/or re-initialization, the Contractor shall perform such
tasks on a timely basis at no additional charge to the Owner for as long as
the elevator control system is in operation, regardless of who is
maintaining the system. If the tools cannot be re-calibrated on site,
provide "loaner" tools at no charge to ensure that the system always remains
servicable.
1.01.3 Contractor shall deliver to the Owner, printed or on-line
"adjuster-level" help instructions for the proper use of any tool that may
be necessary to perform diagnostic evaluations, adjustments and/or
programmable software changes on any unit of microprocessor-based elevator
control equipment installed by the Contractor. Accompanying these
instructions shall be any and all access codes, passwords, nomenclature or other
proprietary information that is necessary to interface the tool with the
microprocessor control equipment.
End of specification section
Last updated 2/22/07
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