Categories of Service

DEMAND SERVICE

This type of service is basically considered an emergency situation where a Service Technician is urgently requested to assist a customer. Under emergency service circumstances, Expert Services International will do everything possible to provide you with the appropriate type of service as quickly as possible, usually within 24 hours of notification.

START-UP SERVICE

This type of service is normally requested by a customer to

primarily assist with start-up of any product. However, this

type of service is not considered an emergency and requires

advance notification, a two-(2) week notice is considered a

minimum.

SCHEDULED MAINTENANCE SERVICE

We offer Scheduled Maintenance Service, which provides for periodic diagnostic evaluation and repairs as necessary. This type of service is not considered an emergency and requires advance notification, a two-(2) week notice is considered minimum.

INSTRUCTIONAL TRAINING

Expert Services International offers Instructional Service specifically to provide customer personnel with technical schooling. These classes are usually conducted at our facility in Charlotte, North Carolina, but can be held at a customer’s location.

For Instructional Training, a minimum of six- (6) week’s notice is required.

SYSTEMS SERVICE

This type of service is for PLC and SCADA programming, software development, and control system evaluations and modifications. This applies to onsite service and offsite service from Expert Services International’s facility.

GENERAL TERMS AND CONDITIONS OF SERVICE

Sales and Service by Expert Services International, LLC, (herein Expert Service International) are made solely under the conditions expressly set forth herein. Any proposed changes or exceptions to these conditions, or additional terms and conditions, included or referenced in Purchaser's order or acceptance of this offer, are hereby rejected by Expert Services International, and shall be of no force or effect upon Expert Services International unless expressly accepted in writing by Expert Services International. This Contract shall bind and inure to the benefit of Purchaser and Expert Services International, as well as their respective successors and assigns; however, neither party may assign this Contract without prior written consent of the other. Neither party shall be deemed to have waived its rights by failing to enforce any particular provision of this Contract. If a court invalidates any portion of this Contract, the rest of this Contract shall remain valid and be construed as if not containing the invalidated provision. North Carolina law shall govern the rights and obligations of the parties.

CREDIT APPROVAL:

If at any time information available on Purchaser's financial condition or credit history, in Expert Services International’s judgment, does not justify the terms of payment specified herein, Expert Services International may require full or partial payment in advance, or an acceptable form of payment guarantee such as a bank letter of credit, or other modifications to the terms of payment.

PROPRIETARY INFORMATION

All information, data, drawings, instruction and operation manuals furnished by Expert Services International with this Contract are proprietary to, submitted in strict confidence, and are to be used by Purchaser solely for the purposes of this Contract, and shall not be reproduced, transmitted, disclosed or used in any other manner without Expert Services International’s written authorization.

TAXES AND LICENSES

The Purchase Price does not include any licenses or State or local taxes of any kind applicable to the sale, use or delivery of the Products or services covered under this Contract. Purchaser shall pay direct or reimburse Expert Services International for any such license fees or taxes that Expert Services International or Expert Services International’s subcontractors or suppliers are required to pay.

EXCUSABLE DELAY

Expert Services International shall not be liable for failure to perform or for delay in performance due to fire, flood, or any other act of God; strike or other labor difficulty, including the bankruptcy of any suppliers to Expert Services International, act of any civil or military authority or of Purchaser; riot; embargo; delay in or shortage of transportation facilities; or any other delay beyond Expert Services International’s reasonable control. In the event Expert Services International's performance is delayed by any such cause, Expert Services International's schedule for performance shall be extended accordingly. If Purchaser's actions delay Expert Services International's performance, Purchaser shall pay Expert Services International any additional costs incurred by Expert Services International resulting from such delay. If Purchaser delays shipment of Products, or any part thereof, in addition to paying Expert Services International for additional costs incurred, Purchaser shall also pay for the Products or the parts on the date Expert Services International is prepared to make shipment.

WARRANTY

The manufacturer’s standard warranty shall apply to any product supplied by Expert Services International to the purchaser.

INSURANCE COVERAGE

Expert Services International, LLC will maintain the following coverage:

Workman’s Compensation

Single Limit of Liability - $1,000,000.00 (bodily injury and property damage).

a.) If formal documentation of insurance coverage is required, please provide two (2) weeks notice.

b.) If additional insurance coverage is requested, it may be purchased through us by the customer. The additional insurance coverage will terminate upon the return of Expert Services International personnel.

PAYMENT TERMS / BILLING

Expert Services International’s payment terms are Net 30 days from date of Expert Services International invoice. If Purchaser is late in paying the Purchase Price or any partial payment due under this Contract or otherwise breaches this Contract, Expert Services International shall be entitled to interest at 1½% per month on the overdue amount and on its damages, calculated from the date of default in payment or other breach, plus court costs, reasonable attorneys' fees and other expenses incurred in any effort to collect.

No retainages are allowed unless approved in advance by Expert Services International. If Expert Services International has approved retainages, the retainage must be released upon acceptance by the Purchaser, beneficial usage or within 180 days after delivery, whichever occurs first.

A Technical Field Activity Report will accompany all invoicing.

BACK CHARGES

Expert Services International shall not be liable for any charges incurred by Purchaser for work, repairs, replacements or alterations to serviced products, without 's prior written Expert Services International authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility.

LIMITATION OF LIABILITY

Expert Services International shall not be liable to purchaser for any special, indirect, incidental or consequential damages arising from Expert Services International's obligations under this contract, whether such damages are based upon breach of contract, breach of warranty, tort, strict liability or otherwise. In any event, Expert Services International's liability to purchaser shall not exceed the purchase price of the products or parts of the products on which such liability is based.

CANCELLATION BY PURCHASER

If Purchaser cancels this Contract or refuses to accept delivery of the Products, Purchaser shall be liable to Expert Services International for reasonable cancellation charges, including loss of anticipated profits, administrative costs, costs incurred by Expert Services International for all work performed or in process up to the time of cancellation or refusal to accept delivery, cancellation charges from Expert Services International's suppliers or subcontractors, and any other expenses incurred by Expert Services International in connection with Purchaser's cancellation or refusal to accept delivery.