HomeMy WebLinkAboutC2008-329 - 9/9/2008 - ApprovedSO George Street, Paterson, NJ 07503 (973) 523-0033, FAX (973) 523-3331
VOYAGE SOLAR SYSTEM AGREEMENT
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This Voyage Solar System Agreement (this "Agreement") is made this day of
~~~ ` • 2008, (the "Effective Date") by and between Exhibitology, LLC, (EXHIBITOLOGY)
and the City of Corpus Christi a Texas home-rule municipal corooration (the "Client") (each a "Party"
and collectively the "Parties").
WHEREAS Voyage was introduced to the nation on October 17, 2001, in the form of a permanent scale
model of the Solaz System installed on the National Mall, in Washington, DC, in partnership with the
Smithsonian Institution and NASA.
WHEREAS the Voyage Program is intended to make replicas of the National Mall exhibition available
for permanent installation at sites world-wide, together with educational materials and programming in
support of and in order to enhance the exhibition experience, and with the goal of establishing a network
of Voyage communities conducting sustainable programming.
WHEREAS EXHIBITOLOGY currently has the authority to work directly with a community interested
in becoming a Voyage Community to: help develop a coalition of interested stakeholders, support
proposal writing and other fundraising activities, help identify an appropriate site for the exhibition,
identify locations and installation requirements for the stanchions, fully define all custom information
for the exhibition, shepherd exhibition fabrication through multiple review and signoff phases, and assist
with the planning and delivery of educational programming.
WHEREAS EXHIBITOLOGY is also currently responsible for the development and distribution of all
Voyage educational and other materials, including grade K-121essons, tour brochures, marketing
packages, web sites, and community support documentation.
WHEREAS Client wishes to participate in the Voyage Program and become a Voyage Community.
NOW THEREFORE, the parties intending to be legally bound hereby agree to the terms and conditions
set forth herein.
1. PURCHASE OF VOYAGE SOLAR SYSTEM EXIIIBIT. Client agrees to purchase and
EXHIBITOLOGY agrees to sell a Voyage Solaz System exhibit (hereafter referred to as the "Voyage
Solaz System Exhibit") for permanent installation by the Client.
Elements that are included in this Agreement for the purchase of a Voyage Solaz System Exhibit,
optional elements purchasable sepazately by the Client, and other expected and potential expenses not
2008-329
09/09/08
M2008-240
Exhibitology
covered in the Agreement and borne by the Client, aze described in the attached hereto and incorporated
herein as Exhibit A.
2. CLIENT SITE. The Client shall designate a site at which the Voyage Solaz System Exhibit will be
permanently placed. Client shall be responsible for securing all permissions, permits, licenses and
authorizations for placement of the Voyage Solaz System Exhibit at the community site and shall
provide EXHIBITOLOGY with copies of all required approval documents for placement of the Voyage
Solar System Exhibit at the site. E?G-IIBITOLOGY will not be required to perform under this
Agreement until all required approval documents are provided by the Client.
3. TIME OF PERFORMANCE. EXIIIBITOLOGY will provide the Voyage Solar System Exhibit in
accordance with the Schedule of Performance agreed to by both Parties and attached hereto and
incorporated herein as part of Exhibit B. The Start Date for Design and Production (T=0 weeks on the
Schedule of Performance) shall be November 5.2008. The expected date for the exhibition to be ready
for shipment to the Client is 19 weeks later on March 18.2009. The date of arrival at the Client's ship-
to site is dependent on arrangements made by the Client for payment of shipping costs, which aze not
covered by this Agreement.
EXHIBITOLOGY agrees to use its best efforts to adhere to the timeframe established by the Schedule
of Performance. Client acknowledges that EXHIBITOLOGY may encounter delays due to causes
beyond its control, including without limitation, acts of God, and difficulties in obtaining subcontracted
material (porcelain enamel storyboazds, laser-sculpted crystal art, and laminated tempered glass.) In the
event of such delay, E}CHIBITOLOGY shall promptly notify Client in writing of the delay and
EXHIBITOLOGY's obligation under the Schedule of Performance shall be extended for a reasonable
period as agreed upon by the Parties or, if measurable, a period equal to the time lost by such delay. In
no event shall EXHIBITOLOGY be penalized or be in default for delay in performance for the
foregoing reasons.
4. PRICE PAYMENT METHOD OF PAYMENT AND TAXES. The total cost for the
Voyage Solar System Exhibit is One Hundred Seventy Nine Thousand and Six Hundred Dollazs
$179,600.00 ("Total Cost"). Client shall make payments as follows:
a. 40% ($71,840) is due by September 30, 2008;
b. 25% ($44,900) is due on reaching the 50% exhibit completion milestone;
c. 25% ($44,900) is due on reaching the 95% exhibit completion milestone; and
d. 10% ($17,960) is due on delivery of the exhibit.
All payments are due thirty (30) days after receipt of invoice. All amounts payable under this Agreement
aze exclusive of any sales, use, excise, property or any other taxes arising hereunder. Late payments will
accrue interest at a rate equivalent to one and one half (1.5%) per month or the highest rate permitted by
law, whichever is less. All fees due hereunder shall be paid in United States dollazs, by check drawn on
a United States bank or by wire transfer to an account designated by EXHIBTI'OLOGY.
The Total Cost does not assume other expenses that Client will or may have to sepazately incur,
including without limitation, cost of freight from EXHIBITOLOGY in Paterson, NJ, to the community
ship-to site, costs associated with site prepazation, installation, regular cleaning and maintenance of the
Voyage Solar System Exhibit, insurance against vandalism, copying of various material associated with
the Voyage Solaz Exhibit (e.g. tour brochures, activity guides, grade K-13 lessons, etc.), and other
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maintenance and associated costs. Expected and other potential expenses to the Client are provided in
Exhibit A.
5. REPRESENTATIONS AND WARRANTIES. EXHIBITOLOGY and Client each represents and
warrants to the other that:
a. It will comply with all federal, state, local and municipal laws, rules and regulations that are
now or may in the future become applicable to the Party's responsibilities covered by this
Agreement; and
b. It has the full right, power, and authority to enter into this Agreement and each agreement,
document, and instrument to be executed pursuant to this Agreement and to carry out the
transactions contemplated hereby.
6. VOYAGE SOLAR SYSTEM EXI~BIT WARRANTY. The Voyage Solar System Exhibit
warranties are described in the attached hereto and incorporated herein as Exhibit C.
7. DISCLAIMER. OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, EXHIBITOLOGY
MAKES NO WARRANTIES, OR TERMS OR CONDITIONS (EXPRESS, IMPLIED OR
STATUTORY), AS TO THE VOYAGE SOLAR SYSTEM EXHIBIT OR ANY OTHER MATTER
UNDER THIS AGREEMENT AND EXHIBITOLOGY DISCLAIMS ANY AND ALL OTHER
WARRANTRIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY.
8. LIMITATION OF LIABILITY. EXHIBITOLOGY SHALL NOT BE LIABILE FOR LOST
PROFITS, REVENUES, OR ANY SPECIAL OR CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES ARISING OUT OF THIS AGREEMENT FOR ANY DAMAGES, NOR SHALL
EXHIBITOLOGY'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY
CLIENT TO EXHIBITOLOGY HEREUNDER.
9. TERM. This Agreement will commence on the Effective Date and continue until the completion of
the last undertaking provided for in the Schedule of Performance or another date as determined in
writing by the Parties.
10. TERMINATION. Either Party may terminate this Agreement by giving thirty (30) days written
notice in the event that the other Party commits a material breach or substantial default of obligations
under this Agreement that is not cured after thirty (30) days from the receipt of written notification of
such breach. Upon the effective date of termination of this Agreement all obligations under this
Agreement expire, except those set forth in Paragraph 5, 6, 7, 8, 9, and 12 -18, which shall survive the
termination or expiration of this Agreement.
11. RELATIONSHIP OF PARTIES. EXHIBITOLOGY and Client are and at all times shall be and
remain independent contractors as to each other, and at no time shall either be deemed to be the agent of
the other, and no joint venture, partnership, agency or other relationship shall be created or implied
hereby or herefrom. Except as is expressly set forth herein, each Party shall bear full and sole
responsibility for its own expenses, liabilities, costs of operation and the like.
12. PROPRIETARY MATERIALS. Client shall have the full use of the replica Voyage Solar System
exhibit and a nonexclusive license to use any Voyage Solaz System exhibit educational and
programming materials. EXHIBITOLOGY retains all proprietary rights to such materials and Client
acquires no ownership or proprietary rights in the Voyage Solaz System exhibit materials.
13. SEVERABILITY. If any provision of this Agreement or its application in a particular circumstance
is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application
of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid
and enforced to the fullest extent permitted by law.
14. WAIVER. No requirement of the Agreement shall be deemed waived or varied, nor shall either
Party's failure or delay to take advantage of any default of the other Party constitute a waiver of a
Party's rights hereunder, or a waiver of a Parry's right to take advantage of any subsequent or continued
breach by the other Party of any covenant, term or condition contained in this Agreement.
15. NOTICES. Any notice, payment, request, instruction, or other document to be delivered hereunder
shall be deemed sufficiently given, if in writing and given by personal delivery, by certified mail, return
receipt requested, postage prepaid, or by facsimile transmission to:
Client
Name: Rick Stryker
Title: Museum Director
Address: 1900 N. Chaparral St
Corpus Christi, TX 78401
Phone: 361-826-4660
Exhibitology
Name: Richazd Rew
Title: President
Address: 80 George St
Paterson. NJ 07503
Phone: 973-523-0033
16. ENTIRE AGREEMENT. This Agreement supersedes all prior agreements and constitutes the
entire understanding between the parties hereto and no modification or amendment thereof will bind
either party unless it shall be in writing and signed by persons authorized to bind both parties to the
Agreement.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed on its behalf by a duly
authorized of,~icer as of the Effective Date.
By: ~ ~~
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Client /
By: /~
Name: //~~~~ffII o
Title: ,~Y1~PY11,(,TU/~~t.
Date: ~7~yF
Name:
Title: President
Date: Aprill 2008
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Exhibit A: the Voyage Solar System Exhibit
I The Aereement for the Qurchase of a Vovage Solar System Exhibit provides the followine:
a. The complete exhibition, consisting of 13 stanchions:
• one 8.5-foot tall stanchion for the Sun, with the Sun represented at the one to 10-billion scale as a
gold anodized sphere, and the name `SUN' in recessed block lettering for the vision impaired;
• nine 8.5-foot tall stanchions for the eight planets, and the dwarf planet Pluto; each containing a
raised aluminum hemisphere as a tactile representation of the planet at the one to 10-billion
scale, and the name of the planet in recessed block lettering for the vision impaired;
• three 3.67-foot tall stanchions for comets/asteroids, a description of the Solar System, and a
description of the Solar System as part of the Milky Way galaxy. The latter two include a
customized acknowledgment of fenders;
• all stanchions made from solid 6061 aluminum, with all exposed surfaces finished with clear
anodize;
• each of the nine stanchions for the eight planets and Pluto containing their respective model
worlds, and moons where appropriate, laser-sculpted at the one to 10-billion scale in 3-
dimensions inside solid crystal block, with a hardened (tempered) glass front face laminated to
the crystal.
• a porcelain enamel storyboard on each stanchion with high resolution, full color imagery and
text. Each storyboard includes a customized site map providing the visitor's location relative to
the other 12 stanchions and local landmarks. Each unique storyboard is comprised of a full bleed
photographic image. Figure 1 provides the standard storyboard layout and embedded elements.
As part of the `Directional Signage' element, the average number of steps to adjacent stanchions
is only included if stanchions are located along a reasonably straight pathway.
b. Site determination, installation, and maintenance documentation, and ongoing support for these
activities from EXHIBITOLOGY.
c. Master electronic files for the Voyage K-13 Education Lessons and family/home activities.
d. Master electronic files for the Activity Guide and Tour Brochures.
e. Two programs delivered by EXHIBITOLOGY, during a single visit to the community, as part of
opening event activities:
• A half- to full-day professional development workshop for up to 60 classroom educators, and
informal educators from museums/science centers, on the use of the exhibition and the Voyage
educational materials.
• A family/public program for 200-2,000 attendees as a community-wide awareness building
activity. See: http•//iournevthrouehtheuniverse org[proeram overview/po fpp html
£ Ongoing access to resources at the program web site.
g. Ongoing access to educators and planetary scientists as they are available, to assist the community's
educators with questions in both science content and pedagogy.
II The followine additional services are not covered by the Aereement for the purchase of a VovaQe
Solaz System Exhibit but can purchased sepazatel~y the Client from EXHIBITOLOGY on a cost
recovery basis:
• A site survey by the Voyage Program Director, Dr. Jeff Goldstein.
• A site survey by the Voyage exhibition designer, Vincent Ciulla.
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A presentation on site for potential stakeholders, to help create community `buy-in' for the program,
by the Voyage Program Director, or an appropriate staff member.
Curriculum materials customized to local education standards in the Earth and Space Sciences.
Supplemental, community-wide programming through the Journey through the Universe program,
which can include a Journey through the Universe Week as an opening event (visit
htt~ •//iourneythro~htheuniverse.org.)
Figure
III Additional expenses and potential expenses to the Client not covered by the Aereement for the
purchase of a VovaQe Solar System Exhibit:
Cost of optional travel by a representative of Client
inspection of the exhibition on 50% completion.
Cost of optional travel by a representative of Client
to EXHIBITOLOGY in Paterson, NJ, for an
to EXHIBITOLOGY for an inspection of the
exhibition on 95% completion.
• Cost of re uired travel by a representative of Client to EXHIBITOLOGY for final inspection and
approval of exhibition on 100% completion, and prior to shipping to the Client's site.
• Cost of shipping of the exhibition from EXHIBITOLOGY to the Client's site.
• Site preparation and installation, at a minimum requiring construction of 13 small concrete footings.
• Regular exhibition cleaning.
• Insurance against vandalism.
• Copying of tour brochures, activity guide, grade K-13 lessons, and family/home activities for
dissemination to the general visitorship, educators, and families.
• Note that costs associated with EXHIBITOLOGY staff time and travel to deliver the professional
development workshop and family/public program are covered as part of the signed Agreement with
EXHIBITOLOGY. Also note that EXHIBITOLOGY will make available PDF master copies of all
printed matter needed for the programs (lessons packages and handouts for the workshop, flyer for
family/public program, and assessment questionnaires). However, the Client is responsible for all
costs associated with: copying, binding (if needed), and distributing the PDF masters to attendees at
the programs; gathering and distributing all educational supplies needed for the inquiry-based
activities to be conducted by the workshop attendees; venue rental; securing needed AV equipment;
and advertising.
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Exhibit B: Voyage Exhibition General Timeline and Milestones from Signing of Agreement
through Delivery
This document provides the timeline and milestones to be expected once a Client commits to moving
forward with the installation of a Voyage exhibition and signs an Agreement with EXHIBITOLOGY for
the purchase of a Voyage Solaz System Exhibit.
1. Pre-Agreement Phase
For installation of a Voyage exhibition to be realized in a community, a local organization and/or
individual has to take on responsibility as champion for the project (see
httn•///www vovo aygesolarsvstem org//rallying/rallying,~default.html) and spearhead community-wide buy-
in, project approval, and fundraising.
This pre-Agreement phase also includes identification of the general site for the exhibition, and approval
to install the stanchions on the site by relevant land management agencies. To assist in site
identification and approval the following documents are available:
• Selecting a Site for Voyage and Determining the Precise Location of the Stanchions
• Installation Options for the Voyage Exhibition
2. Agreement and Schedule of Performance
Once community approval is granted for the project, and funding is secured, an Agreement is signed
between the Client and EXHIBITOLOGY. EXHIBITOLOGY will send two signed copies of the
Agreement to the Client, once EXHIBITOLOGY is in receipt of a formal letter of approval for
placement of the Voyage Solaz System Exhibit at the Client's site. To fully execute the Agreement, the
Client must send a signed copy of the Agreement and payment for installment # 1 to EXHIBITOLOGY
so they are received by EXHIBITOLOGY by September 30, 2008.
As part of the Agreement process, a Schedule of Performance is defined which identifies milestones
from Agreement signing through exhibition and program delivery. The Schedule of Performance is
attached.
It takes typically 21 weeks from the time exhibition Design and Production begins until delivery of the
exhibition on site. For Design and Production to begin the Agreement between the Client and
EXHIBITOLOGY must be fully executed.
The start date for Design and Production (the start of the 21-week clock) is set by EXHIBITOLOGY,
and is dependent on what other jobs are already in the production queue. An earlier start date than
would otherwise be possible can be accommodated if EXHIBITOLOGY hires temporary machinists
under contract. However, this will likely increase production costs by a very substantia150%.
3. Client-Provided Site-Specific Information for the Exhibition
Four weeks after Design and Production begins (see attached Schedule of Performance), all site-specific
information is due to EXHIBITOLOGY. This information is required for the design of the porcelain
enamel storyboazds. This includes four elements, each requiring sign-off by the Client:
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• The precise location of the exhibition's 13 stanchions relative to the model Sun. EXHIBITOLOGY
review of this information ensures an accurate scale model of the Solar System. See document:
Client SignofJ`'for Voyage Exhibition Stanchion Locations.
• An accurate site map with the precise locations of all stanchions identified relative to local
landmazks. A graphical representation of this map is included on all storyboards and in the
customized tour brochure. See document: Client Signoff for Voyage Exhibition Customized
Element #la: Site Map.
• The orientation of each stanchion relative to the walking path (on the left or right of the path). See
document: Client Signoff for Voyage Exhibition Customized Element #16: Stanchion Orientation.
• The customized acknowledgement of fanders that can be included on two storyboards. See
document: Client Signoff for Voyage Exhibition Customized Element #2: Storyboard
Acknowledgement
This information is provided to EXHIBTI'OLOGY by the Client. Given that EXIIIBITOLOGY's
review of the submitted information may reveal still-to-be resolved issues, we strongly advise that
the Client provide this information to EXFIIBITOLOGY before Design and Production begins to
ensure it is available 4 weeks later. If the information is not provided on time, then the Design
and Production schedule is put on hold by, and accordingly impacts the Schedule of Performance
in this Agreement.
4. Design, Production, and Delivery
The attached Schedule of Performance identifies a number of milestones for review, comment, and Sign-
off by both EXHIBITOLOGY and the Client regarding the storyboazd layouts and the exhibit structures.
The storyboazd layouts aze reviewed using both electronic and paper layouts that are sent to the
reviewers. The exhibit structures aze available for review at EXHIBITOLOGY's shop in Paterson, NJ,
at the 50%, 95%, and 100% completion milestones. On-site review by representatives of the Client at
50% and 95% completion milestones are optional. On-site review by representatives of the Client are
mandatory for the 100% completion milestone. A limited number of photographs of the exhibit
structures will be made available electronically by EXHIBITOLOGY at the 50%, 95%, and 100%
completion milestones.
Travel costs for a representative of the Client for all on-site review aze borne by the Client and are not
included as part of the signed Agreement with EXHIBITOLOGY.
Signed warranties are provided to the Client at the on-site review of the 100% exhibit structure, and
sgnoff at this time authorizes the fabricator to ship the exhibit to the Client. All shipping charges are
borne by the Client and aze not included as part of the signed Agreement with EXHIBITOLOGY.
Installment #2 (of 4) is to be paid to EXHIBITOLOGY on Client Signoff of the 50% exhibit structure.
Installment #3 (of 4) is to be paid on Client Signoff of the 95% exhibit structure. Installment #4 (of 4) is
to be paid on receipt of the exhibition at the Client's designated ship-to site, after inspection of the
exhibition.
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5. Installation
The Client will need to construct concrete footings for all stanchions. The document Installation
Options for the Voyage Exhibition provides the specifications for the footings, and the detail for
attaching the stanchions to the footings. EXHIBITOLOGY will provide the Client a template
identifying the location of the stanchion base plate holes so that the bolts projecting from the footing can
be correctly positioned by the vendor pouring the footings.
All costs associated with the construction of the concrete footings aze borne by the Client and are not
included as part of the signed Agreement with EXHIBITOLOGY.
Installation of the exhibition can take place as soon as the exhibition arrives at the Client's ship-to site.
The Client should therefore coordinate as appropriate the construction of the footings with the projected
arrival of the exhibition.
6. Educator Workshop and Public/Family Program
A professional development workshop and family/public program are conducted in the community by
EXHIBITOLOGY. These programs are meant to be elements of the opening event. The date of these
programs will be decided jointly by the Client and EXHIBITOLOGY based on the Client's desired
program schedule. EXHIBITOLOGY conducts the two programs as part of a single trip to the
community.
Costs associated with EXHIBITOLOGY travel and staff time for these programs are covered as part of
the signed Agreement with EXHIBITOLOGY. EXHIBITOLOGY will make available master copies of
all materials needed for the program as PDFs (lessons packages and handouts for the workshop, flyer for
family/public program, and assessment questionnaires). The Client is responsible for all costs
associated with venue rental, securing the needed AV equipment (e.g., computer with LCD projector,
screen, wireless lavalier mic, CD player), advertising, copying of materials for attendees of the
programs, and gathering of all educational supplies to be used by attendees at the workshop.
7. Cleaning
Recommend frequency of, and directions for ongoing cleaning of the exhibition are detailed in the
document: Voyage Exhibition Cleaning Protocols.
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Schedule of Performance
PHASE DELIVERY
DATE
Contracting Phase Reflects review
Agreement between Client and Exhibitology is fully executed: requires Exhibitology to be in & sign-off of
receipt of installment #1 and site approval documentation from Client. Agreement and
sub-contract
A. Start of Design and Production T = 0 weeks
Start date set by Exhibitology.
B. Deadline for Submission to Exhibitology of Site-Specific Information T + 4 weeks
This includes all site-specific information to be provided by Client.
C. Submission to Client of preliminary graphic layouts as PDFs T + 6 weeks
Graphic layouts of the porcelain enamel storyboards. Layouts include all text and imagery to
be contained on the storyboards.
Graphic layouts are generated by Exhibitology and submitted for Exhibitology internal
review, and to Client for review. Reviewers have one week to submit comments to
Exhibitology.
D. Submission to Client of: revised graphic layouts as PDFs and paper full scale proofs T + 8 weeks
of storyboards
Graphic layouts are generated by Exhibitology and submitted for Exhibitology internal
review, and to Client for review. Reviewers have one week to submit comments to
Exhibitology. Reviewers sign-off to proceed to porcelain enamel production.
E. Inspection of 50% exhibit structures at Exhibitology's facility T + 13 weeks
Optional inspection by Client in Paterson, NJ, and required sign-offby Client to proceed.
Installment #2 (of 4) is paid by Client to Exhibitology.
F. Seaena Delivery to Exhibitology of nine crystal elements T + 13 weeks
Exhibitology inspection and acceptance at Exhibitology facility.
G. Inspection of 95% exhibit completion at Eahibitology's facility T + 16 weeks
Allows for identification of any punch-out items regarding metalwork, porcelain enamel, and
glass elements.
Optional inspection by Client in Paterson, NJ, and required sign-offby Client to proceed.
Installment #3 (of 4) is paid by Client to Exhibitology.
H. Itiual Inspection (100%) at Exhibitology's Facility T + 18 weeks
Required inspection by Client in Paterson, NJ, and required sign-offby Client for shipment.
Client presented signed warranties.
I. Shipment of completed exhibit to Client T + 19 weeks
J. Client receives exhibition at their site T + 21 weeks
Installment #4 (of 4) is paid by Client to Exhibitology.
K Opening Event Programs Date to be
Exhibitolo delivers rofessional develo ment worksho and famil / ublic ro am. determined
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Exhibit C: Voyage Solar System Exhibit Warranties
EXHIBITOLOGY, LLC, in Paterson, NJ, is the prime contractor for exhibition fabrication.
EXHIBITOLOGY carries out all metal work, is responsible for component integration, and ships the
exhibition to the Client. EXHIBITOLOGY subcontracts the fabrication of the porcelain enamel panels
(storyboards) to Winsor Fireform, LLC, fabrication of the 3-D laser-sculpted crystal elements to Seaena,
and lamination of tempered glass faceplates. EXHIBITOLOGY and all three subcontractors deliver
state-of--the-art product, and in materials that have been chosen for both elegance and durability.
The Voyage exhibition is covered by warranties from EXHIBITOLOGY and from Winsor Fireform,
LLC. See attached unexecuted sample warranty letters, which serve to define the conditions of warranty
coverage. There is no warranty on the laser-sculpted glass elements.
EXHIBITOLOGY will receive the porcelain enamel panels from Winsor Fireform. and after careful
inspection for any defects, will permanently attach these panels to the exhibition. Winsor Fireform
provides a 5-year warranty against manufacturer's defects in the porcelain enamel panels. If such
defects are identified by the Client after delivery, and recognized as such by Winsor Fireform as per
their warranty, then EXHIBITOLOGY will remove the defective panel(s) and reinstall the replacement
panel(s). For panel(s) damaged as a result of vandalism, it is the Client's responsibility to cover the cost
of replacement panels, removal of the old panels, and reinstallation. See Winsor Fireform's warranty for
coverage concerning damage due to vandalism.
A signed EXHIBITOLOGY warranty will be provided to the Client once the Client signs off on final
inspection of the exhibition at EXHIBITOLOGY's facility in Paterson, NJ. Winsor Fireform's warranty
will be signed upon shipment of the porcelain enamel panels to EXHIBITOLOGY. EXHIBITOLOGY
will provide the Client with Winsor Fireform's wananty on final inspection.
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90 George Street Paterson. NJ G75U3 (ars) ~[s~uss, rnn
Exhibitology LLC Limited Warranty
This Warranty is issued to:
Manned Spaceflight Education Foundation, Inc.
or its assignee, (hereafter referred to as the "warrantee")
for the product produced by Exhibitology LLC (hereafter referred to as "Exhibitology")
for the Voyage Scale Model of the Solar System.
The Voyage Scale Model of the Solar Sys[em is warranted by Exhibitology for one year
from the date of acceptance and approval of the product by the warrantee at
Exhibltology's facility.
The warranty covers repair or replacement at the warrantor's option.
The warranty is transferable to one entity during the one year warranty period.
The warranty covers defects in workmanship. Warranty service will be free of charge
including such costs as travel, shipping, and replacement.
This warranty does not cover any part or component of the Solar System Model that
has been damaged due to accident, improper installation, failure to follow maintenance
instructions, misuse, vandalism, fire, flood, "Acts of God," and/or other
contingencies beyond the control of Exhibitology.
This warranty does not cover in any way, shape, or form the performance of the laser
etched glass.
This warranty does not cover damage to the porcelain enamel panels.
All warranty repair must be performed by Exhibitology staff.
if claimed defect cannot be identified during a service call or if the defect is found to
be something not covered under the warranty, the warrantee will be held responsible
for reasonable Vavel and labor costs incurred.
Accepted by:
Mame~
Title:
Bate: _ ___ _ - -- _
14
rr~~
Product Warranty
This warmnty is issued to the Ewing Marion Kauffman Foundation or its assignee (here aRer referred to as the
"customer") for the product produced by Winsor Fireform, LLC (hereafter referred re as "Winsor'") for the project
described as follows: (10) I S-1/8" x 29.25" and (3) 17.25" x 29.25" flat oval porcelain enamel panels, ten (10) with a
truncated top and a vertical notch in the center. Each unique papal is comprised of a full bleed photographic image. The
watrattty is tranaferablc to one entity. (Project W8275)
Winsor guarantees that product will be tree of significant defects at the time of shipment (see pamgraph I below).
Should Winsor's product deteriorate as a result of manufacturing errors within five years, Winsor will replace the
affected product (see pamgraph 2 below).
I. It is Winsor's understanding that Ezhibitology LLC is responsible for fabrication of the exhibition,
including receipt, acceptance, and installation of the porcelain enamel panels, and Ihat the contract for Ow
production of the panels will be issued to Winsor by Exhibitology LLC. Exhibitology LLC will notify
Winsor of any significant defects witltin five business days atier receipt of product. A written description
and photograph arc to be provided to Winsor. Whtsor will determine if panels aze to be returned for
repahs or if replacement is required. (DO NOT RETURN THE PRODUCT WITHOUT PRIOR
APPROVAL FROM WINSOR.)
2. Each porcelain enamel product, that has spawling, pinholes, discoloration, staining or gloss reduction as a
result of a manufacturing error, as covered by this warmnty will be repaired or replaced at no cost to the
customer, one time during the five-year period commencing with the date as noted below in the
certification section of this document. Winsor recognizes that the porcelain enamel panels art permanently
installed in the exhibition, and that removal of the panels without damage is not possible. W insor will
therefore make a determination of manufacturing error based on photographs provided of the panel(s).
3. Customer will pay 50%of the cost to replace vandalized signs during the five-year period commencing
with the date as tinted below in the certification section of Utis document. See Item S.
4. Our product has a 25-year warranty against perceptible fading.
5. The film used to produce the product must be received at W insor's plant before manufacture of a
replacement product is scheduled. Customer will be responsible for providing all film (negatives,
positives, and color separations) and any other materinls needed to produce a replacement product. This
material will be provided to the Customer to maintain in Uteir files at completion of the original
rnanufacmre. If any film materials are damaged or not usable, it will be the Customer's responsibility and
at the Customer's expense m repair or replace them.
6. Winsor will be responsible for shipping charges far replacement panels m a Customer within the
continental United States.
7. Exhibitology LLC is responsible to ensure proper installation of the product, and the customer is
responsible to maintain the product. Winsor's liability is limited solely to the porcelain enamel panels.
No incidental or consequential casts of any kind are covered by this warmnty, including, but not limited
to, the costs of panel removal and rcinslallation.
8. Winsor Fireform meets and exceeds pomelain enamel specifications far Architecntral Porcelain Enamel rat
Steel for Exterior Use [PE LS6100 (66)] as issued by the porcelain enamel Institute of Washington DC.
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3401 Mottman Road SW tel. 360.786.821d0 www winso~refotm coin
Tumwater, WA 98512 fax. 360.786.6631 info@wincorfirefotm coin
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