KMT STREAMLINE S50 Operation And Maintenance Manual page 21

Terms LD-146
Domestic 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. All necessary workmen (common, semi-skilled and skilled),
together with proper labor supervision shall be furnished by the
Purchaser, at his expense. Qualified Support labor must be
available to the Supervisor at all times during the Supervisor's work
hours. The Supervisor is prohibited by the Company from
working alone.
2. All necessary utilities shall be furnished by the Purchaser, at
his expense.
3. The Supervisor will expect to work consecutive days until
the contracted work is complete. For any day the Supervisor is
available for work and is denied access, with the exception of
national holidays, the Purchaser will be invoiced by the Company
for eight (8) hours at the KMT rate in effect at the time of service,
plus associated living expenses.
4. 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.
5. The Company shall be reimbursed by the purchaser for all
transportation costs for any required special tools or equipment,
plus replacement costs for any of these items which are not
returned to the Company at the completion of the services.
6. The Company agrees that the 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 Supervisor is
contracted to repair.
7. The Supervisor shall be suitably 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 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.
9. The Company shall be permitted to assign all or any portion
of its performance under this Contract to a selected Professional
Service organization, without the prior consent of the Purchaser.
10. 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 good will, 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.
(LD-146) 05/28/2006