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Embed code for: Department of Commerce APC Services offered by Capitol Power Service LLC 16-9725 10-19-16
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Capitol Power Service, LLC is the Advanced Solutions Partner and Elite Data Center Partner in DC, MD, VA and the Carolinas region with APC by Schneider Electric and is also a Certified Service Sales Partner with access to the most competitively priced solutions and services available.
Qty- 4 APC ACRC301S InRow Cooling Units
Qty- 42 APC ACRC100 InRow Cooling Units
Qty- 1 APC Symmetra 400 kVA UPS and ancillary equipment
Qty- 10 APC InfraStruXure 60/150 kVA PDU
Period of Performance: Please see individual CLINs for POP.
Serial Numbers: JK1420002183, JK1420001938, JK1420001925, JK19002554, UK1050211639, JK1140003138, JK1140003131, JK1140003136, JK40003143, JK40003141, JK40006419, JK1140003140, JK140006421, JK1140003111, UK1118211929, JK1140006418, JK1140006417, JK1140003155, JK1140006416, JK1140003137, JK1140006415, JK1140003117, JK114003129, JK1140003135, UK1115210140, UK1111310026, UK11152110137, UK1115110723, UK1118211843, UK1118211877, UK1115210135, UK1115210126, UK1050211620, UK1118211927, JK1138004571, JK1138003843, JK1138003841, JK1138003845, UK1111310036, UK1118211876, UK1115210136, UK1115210134, JK1138004575, JK1138003832, JK1138003842, UK11152110146, QD1124240567, PI1134160004, PI1134160013, PI133160077, PI1138160007, PI1112170061, PI1115170004, PI1112170063, PI1111170006, and PI1113170008.
Capitol Power Service, LLC is a Small Business and should be considered as such for all bids and solicitations.
Capitol Power Service, LLC’s Cage Code is 37SZ4, Tax ID is 47-2448540 and DUNS is 07-966-3542.
Interim Services Pricing: This proposal section is for the purchase of APC by Schneider Electric OEM Factory Services for existing equipment located at 1401 Constitution Ave NW, Washington, DC 20230. All Preventive Maintenance services will be provided by an APC Field Service Engineer during normal business hours and all Emergency Services will be provided with a Next Business Day Response. All services will be comprehensive in nature and will cover parts, travel, and labor after the initial Recertification PM Visit has been completed. The Period of Performance will be from October 21, 2016 through April 14, 2017.
CLIN Qty: Description Unit Price Total Price
Advantage Ultra Service Coverage for One APC ACRC301S InRow Cooling Unit:
Required Recertification Preventive Maintenance Visit for One APC ACRC301S InRow Cooling Unit:
COST FOR APC BY SCHNEIDER ELECTRIC INTERIM SERVICES PRICING: $ 7,179.84
Full Service Renewal Pricing: This proposal section is for the purchase of APC by Schneider Electric OEM Factory Services for existing equipment located at 1401 Constitution Ave NW, Washington, DC 20230. All Preventive Maintenance services will be provided by an APC Field Service Engineer during normal business hours and all Emergency Services will be provided with a Next Business Day Response. All services will be comprehensive in nature and will cover parts, travel, and labor. The APC Symmetra UPS and ancillary equipment will have a 4 hour response upgrade. The Period of Performance will be from April 15, 2017 through April 14, 2018.
Advantage Ultra Service Coverage for One APC ACRC100 InRow Cooling Unit:
Advantage Ultra Service Plan for One APC SY 400 kVA UPS, four XR Frames, and One PDU:
Advantage Ultra Service Plan for One APC InfraStruXure 60/150 kVA Power Distribution Unit:
Four Hour Response Upgrade for One SY 400 kVA UPS, Four XR Frames, and One PDU:
COST FOR APC BY SCHNEIDER ELECTRIC FULL RENEWAL SERVICES: $ 105,790.51
Total Cost for Interim Services Pricing (POP 10/21/16 – 4/14/17, select equipment): $7,179.84
Total Cost for Full Renewal Services Pricing (POP 4/15/17 – 4/14/18, all equipment): $105,790.51
TOTAL COST FOR ALL SCHNEIDER ELECTRIC SERVICES: $112,970.35
The Work is limited to maintenance service attributable to normal wear and tear and not made necessary by causes such as abuse or misuse of equipment, use of equipment for purposes other than which the equipment was intended, operation and storage of equipment in an environment not suitable for such equipment, deterioration or damage due to decorative finishes (such as paint), installation of additional accessories, lightning, fire, water, exposure, labor dispute, war, insurrection, vandalism, accident, Customer’s negligence or failure to properly care for the equipment, acts of God, power failures caused by outside power sources beyond the specified capacity of the equipment, criminal acts, natural calamity or other such causes.
Annual Invoicing: Service contract will be invoiced in full upon Customer’s signature of this Proposal
To place an order please sign the signature block below along with a copy of your company’s PO (made out to Capitol Power Service). Please reference quote number along with service contract number.
This proposal does not include any needed repairs or remediation’s currently needed by the subject equipment or a mandatory Recertification Preventive Maintenance Visit, if required by Schneider Electric.
Payment terms are Net 30 unless otherwise stated. Capitol Power Service Terms and Conditions attached apply to this order unless otherwise stated.
Freight for goods is not included in above quote unless otherwise stated.
Sales tax is not included in the above quote unless otherwise stated. It will be included in the invoice provided to you. If you are tax exempt, please provide a copy of your certificate at the time of order.
Should you have any questions or require any additional information please feel free to contact me at 703-328-3503.
Capitol Power Service, LLC
Service Coordination Manager
TERMS AND CONDITIONS FOR SERVICES
Unless you the “Customer” have a valid agreement with Capitol Power Service (“Capitol Power Service”) which has precedence over this document, the following terms and conditions, including any documents incorporated by reference herein, shall govern all services delivered by Capitol Power Service.
DEFINITIONS ARTICLE 1
1.1 Certain Definitions.
“Affiliate” means any entity controlling, controlled by or under common control with either party. "Control" shall mean the direct or indirect ownership of more than fifty per cent (50%) of the voting rights or income interest in a company or other business entity or such other relationship as, in fact, constitutes actual control.
"Change" means any alteration or any extra work, delay or other circumstance which results in an adjustment to any of the cost, delivery schedule, and/or any other aspect of the Services.
“Commissioning” means on site Start-up and testing of the Products, in accordance with Capitol Power Service’s standards.
"Documentation" means Capitol Power Service user guides, operating manuals, education materials, product descriptions and specifications, technical manuals, supporting materials, and other information relating to the Products or Services made available by Capitol Power Service, whether distributed in print, magnetic, electronic, or video format, in effect as of the date the applicable Service is provided to Customer, or at the Customer’s request, to the End User.
“End User” means the third party, final user of the Product or Service.
“Entitlement or Entitlements” means the document that memorializes the scope of the Services.
"Product" means (individually or collectively, as appropriate) the hardware, Software, Documentation, supplies, spare parts, accessories, and other commodities, on which Services shall be provided by Capitol Power Service.
“Purchase Order” means a written or electronic order from Customer for the purchase of Services.
"Services" means the Start-up, Commissioning, repair, and/or maintenance activities provided by Capitol Power Service.
“Software” means machine-readable instructions and data (and copies thereof) including middleware and firmware and related updates and upgrades, licensed materials, user documentation, user manuals, and operating procedures, but specifically excluding Capitol Power Service proprietary software that is not commercially available.
“Specifications” means the manufacturer’s published specifications for the Products or Services.
“Start-up” means installation of the Product at the End User’s site and verification by Capitol Power Service that the Product is in substantial conformance with the Specifications.
“Substantial Completion” means the point in time at which the Products have been installed such that Commissioning and Start-up of the Products may thereafter commence, as further defined herein.
“Trademarks” means all applicable trademarks, and service marks legally registered to and claimed or used by Capitol Power Service and its Affiliates.
ARTICLE 2. PURCHASE ORDERS
All Purchase Orders are subject to acceptance by Capitol Power Service. These terms and conditions supersede and replace in their entirety any and all terms and conditions set forth on the face or reverse side of any Purchase Order or other document presented by Customer, except for the specific terms of the Purchase Order setting forth the price, quantity, and delivery location, unless different terms are mutually agreed to between the parties. All Purchase Orders placed with Capitol Power Service for Service(s) shall be subject to availability and Customer’s favorable credit status with Capitol Power Service.
ARTICLE 3. PROVISION OF SERVICES AND CERTAIN CONDITIONS
3.1 Installation. If installation is provided for, Capitol Power Service shall install the Product in good working order at the designated location in accordance with the standards agreed to between the parties. Capitol Power Service shall not be liable for any differing, subsurface, latent or concealed conditions encountered in the performance of any Services. The existence of such differing, subsurface, latent or concealed conditions shall constitute a Change.
3.2 Site Preparation. Any specific environmental conditions which are required for the provision of the Services shall be the responsibility of Customer unless otherwise agreed to in writing by Capitol Power Service. Capitol Power Service shall be entitled to rely on the sufficiency and accuracy of any documentation or data, whether written or oral, provided by Customer to Capitol Power Service regarding site conditions and site preparation requirements.
Health and Safety. If the Customer is subject to health and safety laws or regulations which are more stringent than the health and safety standards governing Capitol Power Service , or if Customer elects to operate under more stringent health and safety standards than those to which Capitol Power Service is subject, and Customer requires Capitol Power Service to comply with those higher standards, Capitol Power Service shall be entitled to charge the Customer any extra costs incurred in so complying. Furthermore, Capitol Power Service may refuse, without any liability to Customer whatsoever, to perform in whole or in part the Services if the site presents unhealthy or unsafe conditions.
Relocation. If Customer relocates any of the Products which are subject to the terms of a Entitlement without Capitol Power Service agreeing to perform maintenance work as provided under that Entitlement at the new site, Capitol Power Service shall have the right, without any liability to Customer, to terminate the portion of the Entitlement that relates to the new site without any liability to Customer. Any such termination shall not relieve Customer of any maintenance fees to be paid or invoices due under the Entitlement.
Information. Information and/or notices given by Capitol Power Service to the Customer shall be deemed to be correctly given if provided to employees or representatives of the Customer.
Site Access. Capitol Power Service shall have reasonable access to the sites and the Products. Capitol Power Service will be entitled to charge the Customer at its normal rates for the time lost by Capitol Power Service ‘s employees as a result of delays from the Customer in granting access to the site. Furthermore, Capitol Power Service will not be required to perform any Service beyond the term of the Entitlement if Customer does not provide reasonable and timely site access.
Third Party Providers. If a party other than Capitol Power Service services the Products and if in Capitol Power Service ’s reasonable opinion, corrective action is required to return the affected Products to their normal operating condition, Capitol Power Service will offer to perform such work at the service rates and spare part prices in force at the time of the offer. Capitol Power Service will not be obliged to perform maintenance work until all remedial work has been done.
Regulatory Requirements. When required by national regulations or safety rules, an employee or representative of the Customer shall be present in the room where the maintenance work takes place. If no employee or representative of the Customer is present, Capitol Power Service shall have the right to stop its work and to invoice the Customer at its normal labor rate.
By-Pass Switch: If no installation by-pass switch has been installed by Customer prior to the performance of any Service, it may be necessary to power down all equipment which depends on electricity from the circuit on which work is being performed. Customer must make time available during regular business hours for the shut down to take place and for the services to be performed. Customer is reminded that where there is an installation by-pass switch and it is engaged, or where the product is inoperative, the product does not provide any protection against interruptions or irregularities in, or loss of, electrical power.
Replacement Parts: If a Capitol Power Service authorized engineer installs a replacement part, the removed part becomes property of Capitol Power Service as soon as it is detached from the Customer product. Capitol Power Service authorized engineers are authorized to install only replacement parts specified by Capitol Power Service. Capitol Power Service will take possession of defective parts (excluding batteries) for which it has provided replacements and will properly dispose of them at no additional cost to Customer.
ARTICLE 4. PRICE AND PAYMENT
4.1 Prices and Fees for Services. Any quotes, including but not limited to quotes for price or availability, are estimates only and do not include any applicable taxes, duties or other similar costs.
4.2 Prices for Services, Additional Services, Contract Renewal and Multi-year Contracts. If the initial term of the Entitlement is for more than one year, yearly invoices will be issued by Capitol Power Service at each anniversary date and shall be paid by the customer in accordance with the payment terms below. Pricing will be adjusted each year at the anniversary date of the Entitlement in accordance with the escalation formula indicated in the specific terms of the contact. Payment for any additional work not quoted by Capitol Power Service which goes beyond the scope of the Entitlement which is approved by Customer will be paid within ten (10) days of the date of the invoice unless otherwise stated on the invoice.
4.3 Payment. Customer agrees to pay, without offset, all invoiced amounts within thirty (30) days of Capitol Power Service’s invoice date. Payment by Customer shall not be contingent upon payment by a third party. If Capitol Power Service places Customer’s account in the hands of an agency or a law firm for collection by legal action, Customer will pay an additional charge equal to the costs of collection including agency and attorneys’ fees and court costs incurred to the extent permitted by laws governing these transactions. In case any invoice is not paid when due, Capitol Power Service shall be entitled to discontinue any maintenance works with fifteen (15) days’ prior notice. Discontinuation of Services does not relieve the Customer of its obligation to pay for the Services previously rendered and to pay the yearly fee in whole for the current year.
4.4 Taxes. Unless Customer provides evidence of exemption, Customer shall pay or reimburse Capitol Power Service for all taxes which are imposed upon Customer's acquisition of Services. Customer shall not be obligated to pay or reimburse Capitol Power Service for any taxes imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor shall any of the foregoing be imposed on or payable by Capitol Power Service.
ARTICLE 5. SUBSTANTIAL COMPLETION
5.1 Substantial Completion If installation is provided for Capitol Power Service shall provide written notice to Customer when Capitol Power Service deems such installation to be Substantially Complete and ready for Commissioning and Start-up. Within five (5) days after receiving notice of Substantial Completion, Customer shall advise Capitol Power Service in writing of any known defects or deficiencies in the Services. Upon receipt of such notice Capitol Power Service shall then take appropriate corrective action. The installation shall be deemed to have achieved Substantial Completion should Customer fail to reply to Capitol Power Service's written notice within said five (5) day time period.
ARTICLE 6. WARRANTIES
6.1 Service Warranties. Capitol Power Service warrants that the Services to be performed hereunder shall be performed in accordance with recognized professional standards customary in the industry in which the Services are being performed. Should the Services fail to comply with such standards, Capitol Power Service agrees to re-perform such deficient Services at no cost to Customer provided that Capitol Power Service has received written notification within thirty (30) days following the completion of the specific Services giving rise to the claim. With respect to parts and materials not manufactured by Capitol Power Service, the warranty obligations of Capitol Power Service shall in all respects conform to and be limited to the warranty actually extended to Capitol Power Service by its supplier. FURTHERMORE, CUSTOMER AGREES TO HOLD the company HARMLESS FROM ANY DAMAGES THAT ARISE FROM SERVICES PERFORMED IN STRICT ACCORDANCE WITH THE CUSTOMER’S SPECIFICATIONS OR DIRECTIONS WHICH ARE CONTRARY TO CAPITOL POWER SERVICE’S STANDARD PRACTICES.
6.2 Exclusive Warranties. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CAPITOL POWER SERVICE’S WARRANTIES CONTAINED HEREIN RUN ONLY TO CUSTOMER, AND ARE NOT EXTENDED TO ANY THIRD PARTIES.
6.4 Exclusions. Capitol Power Service shall not warrant nor is Capitol Power Service required to provide, any Service on any Product defects (i) resulting from (a) the Product being modified by any person other than Capitol Power Service , (b) incorrect use of the Product (c) unsuitable environmental conditions, or (d) causes not attributable to the Product; or (ii) which were not apparent at the time of the Service visit. Capitol Power Service will submit to the Customer an estimate of the additional repair work required to correct any such defects. Said estimate will be based on Capitol Power Service labour and spare parts price list in force when the estimate is issued. Capitol Power Service will not perform any additional Services without having obtained the Customer’s written approval . The opinion of Capitol Power Service as to whether or not the work is additional maintenance work and therefore not covered under an Entitlement shall be conclusive. Furthermore, Capitol Power Service is not responsible for any software, firmware, information or memory data of Customer or End Users contained in, stored on, or integrated with any Products returned to Capitol Power Service for repair, whether under warranty or not. Capitol Power Service also makes no warranty or representation that its Software will work in combination with any hardware or applications software products provided by third parties, that the operation of the Software will be uninterrupted or error-free, or that all defects in the Software will be corrected.
ARTICLE 7. LICENSE AND RESTRICTIONS
7.1 Trademarks. Neither Customer nor its Affiliates have any right to incorporate any Trademark into Customer’s or Affiliate’s company name or trade name. Neither Customer nor its Affiliates will alter, cover, obfuscate or remove any Trademarks placed by Capitol Power Service on the Products or any material contained therein.
ARTICLE 8. LIABILITIES
8.1 Limitation of Liability. CAPITOL POWER SERVICE’S MAXIMIUM LIABLITY TO CUSTOMER FOR DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES WHCH ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATION WILL NOT REDUCE CAPITOL POWER SERVICE’S OBLIGATIONS RESULTING FROM A BREACH OF THE INTELLECTUAL PROPERTY INDEMNIFICATION SECTION OF THESE TERMS AND CONDITIONS, OR CAPITOL POWER SERVICE’S LIABILITY FOR BODILY INJURY CAUSED BY CAPITOL POWER SERVICE’S NEGLIGENCE. NOTWITHSTANDING ANY PROVISION IN THIS TERMS AND CONDITIONS TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY, ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY FORM OF INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH DAMAGES ARISE IN CONTRACT OR TORT, IRRESPECTIVE OF FAULT, NEGLIGENCE OR STRICT LIABILITY OR WHETHER SUCH PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Applicability of Limitations of Liability. The limitation of liability in Section 8.1 shall apply to the full extent permitted by law, and shall apply whether liability is grounded in contract, tort, or otherwise, and shall extend to each party and their respective Affiliates, directors, officers, and employees.
ARTICLE 9. TERM AND TERMINATION.
Termination for Non-Payment. Capitol Power Service may terminate any Entitlement, or any portion thereof, if Customer fails to pay when due any amounts due pursuant to any Purchase Order and such failure continues for a period of thirty (30) days after written notice is given to Customer.
9.2 Immediate Termination. Capitol Power Service may terminate a Service obligation immediately if Customer engages a third party to perform emergency or corrective maintenance on equipment which is governed by a service contract. In the event of said termination all obligations hereunder shall be terminated and Capitol Power Service shall have no liability for the termination or any damages caused as a result of the third party’s actions or inaction.
9.3 Termination of Entitlements. Entitlements are non-cancellable by Customer.
ARTICLE 10. INTELLECTUAL PROPERTY INFRINGEMENT
10.1 Third-Party Claims. Capitol Power Service will defend or settle any claim against Customer alleging that a Service infringes a third party’s intellectual property right, if Customer:
(a) promptly notifies Capitol Power Service of the claim in writing;
(b) cooperates with Capitol Power Service in the defense of the claim; and
(c) grants Capitol Power Service sole control of the defense or settlement of the claim.
Capitol Power Service will pay infringement claim defense costs, Capitol Power Service -negotiated settlement amounts, and court awarded damages with respect to any such claim.
10.2. Remedies. If a claim under Section 10.1 above appears likely, then Capitol Power Service may modify Capitol Power Service Products or Services, procure any necessary license, or replace the affected item with one that is functionally equivalent. If Capitol Power Service determines that none of these alternatives is reasonably available, then Capitol Power Service will issue Customer a refund equal to the depreciated value of the affected item.
10.3. Exclusions. Capitol Power Service has no obligation for any claim of infringement arising from:
(a) Capitol Power Service’s compliance with Customer or Customer sponsored third party designs, specifications, instructions, or technical information;
(b) Modifications made by Customer or a third party;
(c) Customer non-compliance with the Documentation, or
(d) Customer use of Products with non- Capitol Power Service products, software, or services.
ARTICLE 11. MISCELLANEOUS
11.1 Intellectual Property Rights. Customer shall not have or obtain title to any tangible or intangible property or materials which Capitol Power Service may supply, and all such items may be used only for the performance of the Services.
11.2 Relationship of Parties. Capitol Power Service is performing only as an independent contractor. Nothing set forth herein shall be construed to create the relationship of principal and agent between Capitol Power Service and Customer.
11.3 Confidentiality. Each party acknowledges that in the course of performance of its obligations such party may obtain confidential and/or proprietary information of the other party. "Confidential Information" includes: any information relating to development plans, costs, finances, marketing plans, equipment configurations, data, access or security codes or procedures utilized or acquired, business opportunities, names of customers, research, and development; the terms, conditions and existence of a contract; any information designated as confidential in writing or identified as confidential at the time of disclosure if such disclosure is verbal or visual; and any copies of the prior categories or excerpts included in other materials created by the recipient party. Each party agrees that, for a period of five (5) years following its receipt of Confidential Information from the other party such recipient party shall use the same means it uses to protect its own confidential and proprietary information, but in any event not less than reasonable means to prevent the disclosure and to protect the confidentiality of the Confidential Information. Further, the recipient party shall only use the Confidential Information for the purposes of providing and receiving Services, and shall not disclose the Confidential Information without the prior written consent of the other party. This provision shall not apply to Confidential Information which is (i) already known by the recipient party without an obligation of confidentiality, (ii) publicly known or becomes publicly known through no unauthorized act of the recipient party, (iii) rightfully received from a third party (other than an Affiliate or customer of the party owning the Confidential Information) without an obligation of confidentiality, (iv) disclosed without similar restrictions by the party owning the Confidential Information to a third party (other than an Affiliate or customer of the party owning the Confidential Information), (v) approved by the party owning the Confidential Information, in writing, for disclosure, or (vi) required to be disclosed pursuant to a requirement of a governmental agency or law so long as the recipient party provides the other party with timely prior written notice of such requirement.
11.4 Electronic Communications. If Capitol Power Service and Customer mutually agree, business communications between the parties, including, but not limited to, Purchase Orders, invoices, and payment, may be submitted electronically. In such case, the parties shall mutually agree in writing upon supplemental terms and conditions, including technical standards, for the electronic exchange of such items including refresh frequency.
11.5 Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control; however, this provision shall not apply to Customer's payment obligations.
11.6 Severability. If for any reason a court of competent jurisdiction finds any term or condition, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
11.7 Waiver. Any waiver of any covenant, condition, or contract to be performed by a party shall (i) only be valid if the waiver is in writing and signed by an authorized representative of the party against which such waiver is sought to be enforced, and (ii) apply only to the specific covenant, condition or contract to be performed, the specific instance or specific breach thereof and not to any other instance or breach thereof or subsequent instance or breach.
11.8 Remedies. The remedies set forth in these Terms and Conditions shall be the exclusive remedies of the parties and shall constitute each party’s exclusive liability and sole remedies for claims arising out of these Terms and Conditions.
11.9 Export Control. Customer acknowledges and agrees that the commodities, software, and/or technology herein are subject to the export control laws and regulations of the United States and/or other national governments. These regulations include, but are not limited to, the U.S. Export Administration Regulations (US EAR), the U.S. State Department’s International Traffic in Arms Regulations (ITAR), sanction regimes of the U.S. Department of Treasury Office of Foreign Assets Controls (OFAC) and export laws and regulations of the European Union (EU) and/or any of its member states. Customer will comply with these laws and regulations. Customer shall not, without prior U.S. Government authorization, export, re-export, or transfer any commodities, software, or technology, either directly or indirectly, to any country subject to a U.S. trade embargo or sanction or to any resident or national of said countries, or to any person, organization, or entity on any of the restricted parties lists maintained by the U.S. Departments of State, Treasury, or Commerce. In addition, any commodities, software, or technology herein may not be exported, re-exported, or transferred to any end-user engaged in activities, or for any end-use, directly or indirectly related to the design, development, production, use, or stockpiling of weapons of mass destruction (e.g. nuclear, chemical, or biological weapons, and the missile technology to deliver them). Capitol Power Service may suspend performance if Customer is in violation of any applicable laws or regulations.
11.10 Data Protection. (a) In this Section “the Directive” means Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and where appropriate, terms used in this clause shall have meanings ascribed to them in the Directive. (b) The Customer acknowledges and agrees that all personal data provided by it or on its behalf will be processed by and on behalf of the Company in connection with the Services. Each party shall comply with the Directive as regards all such processing.
11.11 Governing Law and Dispute Resolution. THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS CONTRACT SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
(A) Services performed in the United States shall be governed by the laws, other than the choice of law rules, of the Commonwealth of Virginia. Services performed in Europe, Middle East or Africa: shall be governed by the laws, other than the choice of law rules, of the Republic of Ireland. Services performed in the PEOPLE’S REPUBLIC OF CHINA: shall be governed by the laws, other than the choice of law rules, of the Peoples Republic of China.
Capitol Power Service, LLC Acceptance:
20365 Exchange St. Suite 240 Ashburn VA 20147
Phone | 703-726-9726
Fax| 703-726-9727r condition, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.