On-Farm Asset Care Plan
No costly surprises.
Your equipment will be proactively maintained.
Parts and labour included.
Rapid response to any refrigeration issues.
How are you tracking? Let’s talk. www.tru-test.com
0800 TRU-TEST (878 837)
1. Tru-Test On-Farm Asset Care Plan Agreement between Tru-Test Limited (“Tru-Test”) and the Farmer.
This agreement provides for an exclusive On-Farm Asset Care Plan for On-Farm Equipment.
2. Tru-Test Service Commitment 2.1. Tru-Test will maintain the Equipment (as defined in Appendix A) with a minimum of one proactive maintenance service during the contract period and will undertake repairs as necessary so that the Equipment performs to manufacturer’s standards (fair wear and tear excepted). If the cost of repair exceeds the cost of exchange, Tru-Test will exchange the Equipment. 2.2. The specific equipment is identified in our records for your farm and with on-farm with labels provided by Tru-Test and affixed to the equipment. This agreement does not cover equipment that is installed by a party other than Tru-Test or a Tru-Test approved contractor or which has not been accepted for cover under an On-Farm Asset Care Plan by Tru-Test. 2.3. Chiller Equipment used for an on-farm milk holding tank that is compliant with the New Zealand MPI milk cooling regulations (NZCP1) is eligible for cover by the On-Farm Asset Care Plan. MPI has proposed changes to NZCP1. Equipment that is not capable of meeting the changed NZCP1 regulations will be excluded from the On-Farm Asset Care Plan from the date of the changes to the regulation. Refer to Appendix A for other specific rules relating to different types of equipment. 2.4. Tru-Test will provide a Customer Service Centre between 7 a.m. and 9 p.m. seven days a week and guarantees a two hour response time to any Customer Service
Centre query received between 7 a.m. and 7 p.m. Tru-Test will respond by phone to the Farmer’s request for assistance within two hours and will schedule a service to suit the urgency of the request. Calls received after 7 p.m. will be responded to before 9 a.m. the following day. 2.5. Tru-Test recognises that certain items of Equipment may be critical to the farm operation and will use best endeavours to service any fault to critical Equipment covered by the On-Farm Asset Care Plan within a reasonable time of Tru-Test receiving such notification. Tru-Test is not able to organise for a special collection of milk by a Processor in cases where a fault in the Vat Chiller Equipment is identified. 2.6. At the conclusion of an initial inspection conducted when applying for an On-Farm Asset Care Plan, or after each proactive maintenance service, Tru-Test will deliver to the Farmer an inspection report detailing the services performed.
3. Limitation of Liability 3.1. Due to milk processor (‘Processors’) rules related to the collection of milk that is above the specified or required temperature, TruTest will not accept liability for milk which is not collected or which a Processor refuses to collect or which is lost or is required to be disposed of due to Vat Chiller Equipment failure. All other losses (including indirect or consequential losses) are also excluded. 3.2. If Tru-Test is found to be liable under this Agreement then the Farmer agrees that Tru-Test’s maximum liability for all claims shall not exceed the fee payable by the Farmer pursuant to this Agreement in the 12 months prior to any claim.
4. Term 4.1. This agreement will be for the period as advised by Tru-Test from time to time. 4.2. This agreement will automatically renew on expiry, for a subsequent period (based on the On-Farm Asset Care Plan fee) as notified to the Farmer by Tru-Test from time to time, unless either Tru-Test or the Farmer has provided written notice of an intention to terminate at least 30 days prior to the end of the Term.
5. Cost
The farmer will pay:
5.1. The fee as agreed between Tru-Test and the Farmer and outlined in Tru-Test’s proposal to the Farmer. 5.2. Any cost or fee that is outside the On-Farm Asset Care Plan as agreed between Tru-Test and the Farmer. 5.3. The cost of replacing refrigerant gas where required. 5.4. Any fee notified to the Farmer by Tru-Test from time to time for a renewed Term unless this agreement is terminated by the Farmer on expiry of the Term, 5.5. All reasonable collection charges and legal costs (including solicitor and own client costs) incurred by Tru-Test as a result of default in payment. Payment terms will otherwise be in accordance with Tru-Test standard terms and conditions.
6. Farmer’s Performance Before requesting a service the Farmer must ensure that: 6.1. The equipment has power (check fuses, power supply and switches). 6.2. All overload switches have been reset. Services that arise because of failure to do these steps will be charged at Tru-Test’s standard rates and are not covered by the On-Farm Asset Care Plan.
6.3. The Farmer will maintain all associated equipment so it does not impact on the performance of the Equipment. 6.4. The Farmer will comply with any local authority bylaws or central government laws or regulations. 6.5. The Farmer will not do or allow to occur anything that will impair the operating life or performance of the Equipment. 6.6. The Farmer will not install peripheral equipment that may impact on the performance of the equipment. 6.7. In the event that an item of equipment is installed by a party other than Tru-Test during the Term, Tru-Test will need to conduct an audit of the installed equipment to determine whether it can be accepted under the On-Farm Asset Care Plan. The Farmer will be charged for this audit. 6.8. The Farmer will monitor the operation of the Equipment and notify Tru-Test immediately on the Equipment not performing to manufacturer’s standards (fair wear and tear excepted). 6.9. In the case of Vat Chiller Equipment the Farmer will check whether the temperature of the milk in the Farm Tank has commenced reducing one hour after the completion of milking and if not, the Farmer will notify Tru-Test immediately. The Farmer acknowledges the limitation to Tru-Test’s liability specified above. 6.10. The Farmer will pay for all maintenance, repair and replacement costs to the Equipment as a consequence of the Farmer’s breach of this agreement, by the 20th of the month following the date of any invoice.
7. Transfer of Ownership 7.1. If the Farmer has redundant Equipment If, for any reason other than the sale of their farm, the Farmer chooses to sell the Equipment, Tru-Test will have first option to purchase the Equipment at current market value.
7.2. If the Farmer ceases raw milk production The Farmer will provide Tru-Test with a first option to purchase the Equipment at current market value and will pay the Tru-Test On-Farm Asset Care Plan fee to the end of the Term. 7.3. If the Farmer sells their farm complete with the Equipment the Farmer may assign this agreement to the purchaser at no additional cost. If the Farmer does not assign this agreement then this agreement will terminate and the Farmer will pay the Tru-Test On-Farm Asset Care Plan fee to the end of the Term. Where the Farmer assigns this agreement to the purchaser, the farmer must notify Tru-Test of this assignment. Tru-Test reserves the right to refuse to accept the assignment of the agreement. In order to assist with the assignment of this agreement, Tru-Test will, upon request provide a value of the residual Tru-Test On-Farm Asset Care Plan at the date of assignment.
8. Termination 8.1. Tru-Test may terminate this agreement immediately by giving written notice to the Farmer, if the Farmer: • Is unable to pay debts in the normal course of business or Tru-Test reasonably forms a view that the Farmer is insolvent. • Breaches any term of this agreement. • Purchases replacement Equipment from a party other than Tru-Test. 8.2. If this agreement is terminated by Tru-Test for any reason the Farmer will pay the Tru-Test On-Farm Asset Care Plan fee to the end of the Term plus any other amounts owed by the Farmer under this agreement as at the date of termination. 8.3. The Farmer may terminate this agreement without cause provided the Farmer pays the Tru-Test On-Farm Asset Care Plan fee to the end of the Term plus any other amounts owed by the Farmer under this agreement as at the date of termination.
9. Entire Agreement This agreement is the entire agreement between the parties and replaces any earlier agreements, representations or warranties, whether oral or written, between the parties relating to its subject matter.
10. Dispute Resolution 10.1. If any question or dispute arises under this Contract, the parties must first use their best efforts to resolve such question or dispute through good faith negotiations. 10.2. Any dispute arising under this Contract which cannot be settled by negotiation between the parties within 20 working days must then be submitted to mediation by either party initiating mediation by giving written notice to the other. 10.3. If the parties cannot agree a mediator, within two working days of the notice, then the mediator will be selected by the President for the time being of LEADR (Lawyers Engaged in Alternative Dispute Resolution) or its successor. 10.4. The parties agree to continue to perform their obligations under the contract as far as possible as if no dispute had arisen pending the final settlement of any matter referred to mediation. 10.5. Nothing in this clause shall preclude either party from taking immediate steps to seek urgent equitable relief before a New Zealand Court.
Appendix A Equipment [select the equipment that this agreement applies to] Note : for all chiller units, refrigerant is not included unless the Farmer adds Refrigerant Cover to the standard Asset Care Plan.
Equipment
Included
Not Included
Equipment Detail (new customers)
Vat Chiller Unit
Complete chiller unit(s)
Plate cooler
#1 Unit
Refrigeration controller for the chiller unit.
Vat refrigeration circuit (after expansion valve)
hp
Expansion valve for the chiller unit circuit.
Wiring to distribution board
Refrigerant
Heat recovery heat exchanger if fitted to the chiller.
Heat recovery plumbing to the hot water cylinder
hp
Qty
Vat size
#2 Unit Vat size Refrigerant #3 Unit hp Vat size Refrigerant
Equipment
Included
Not Included
Detail
Ice Bank
Chiller unit for the ice bank
Ice/water tank
Unit hp
Refrigeration controller
Plate cooler
Water circulation pump
Heat recovery plumbing to the hot water cylinder
Water stirrer (may be an air pump or mechanical stirrer) Ice thickness control Refrigeration circuit Heat recovery heat exchanger if fitted to the chiller.
Refrigerant
Equipment
Included
Not Included
Detail
Water pre-chilling system
Chiller unit for the water
Plate cooler
Unit hp
Refrigeration controller
Heat recovery plumbing to the hot water cylinder
Refrigerant
Water pumps Heat recovery heat exchanger if fitted
Water storage tank
Plumbing to the storage tank
Plumbing fittings onto the tank
Equipment
Included
Not Included
Detail
Glycol chilling system
Chiller unit for the water/glycol blend
Plate cooler
Unit hp
Heat recovery plumbing to the hot water cylinder
Refrigerant
Refrigeration controller Water pumps Heat recovery heat exchanger if fitted Plumbing to the storage tank
Glycol storage tank Plumbing fittings onto the tank
Equipment
Included
Not Included
Detail
Other On-Farm Chiller
Complete chiller unit(s)
Wiring to distribution board
Chiller used for
Refrigeration controller for the chiller unit. Expansion valve for the chiller unit circuit. Heat recovery heat exchanger if fitted to the chiller.
Heat recovery plumbing to the hot water cylinder
Unit hp
Refrigerant
New customers: Please fill in the details below and send to the following address with your completed direct debit form (if paying this way). Tru-Test Limited Private Bag 20502 Te Rapa Hamilton 3241
Contract Holder details
Signed by Tru-Test Limited
Name....................................................................................................
Authorised Signatory......................................................
Address.............................................................................................. .................................................................................................................. ..................................................................................................................
Start Date................................................................................
Signed by the Contract Holder (Farmer)
Email.................................................................................................... Contact Phone Number......................................................... Supply Number............................................................................ Include Refrigerant Cover
Yes/No
Preferred payment method: Monthly direct debit Annual direct debit Annual cheque or internet banking
Equipment Location Same as Contract Holder Details Address.............................................................................................. .................................................................................................................. ..................................................................................................................
Authorised Signatory...................................................... Start Date................................................................................ • I have read and understood the Contract • I understand the cancellation policy • I understand that refrigerant is not included and will be invoiced separately if required, unless I have chosen to include Refrigerant Cover.
Got any questions? Let’s talk. 0800 TRU-TEST (878 837) www.tru-test.com
2369TTSM02 ISSUE 4 06/17