Professional Documents
Culture Documents
PRICING:
Pricing shown is in USD.
All prices subject to the addition of any tax levied which Whiting at any time is required
to pay or collect by reason of the sale of the equipment and/or services listed.
Insurance, duties, taxes and other customs related charges not included. All import
duties, taxes, brokerage, port and customs clearing charges are to Customer’s account.
TERMS OF PAYMENT:
100% against a sight, confirmed, irrevocable Progressive Payment letter of credit in our
favour with the Royal Bank of Canada by swift at ROYCCAT2. This letter of credit should
be established at time purchase order is sent to us, is to provide for partial shipments, and
should be valid for a period of at least thirty (30) days beyond our quoted delivery date
Progressive Payments will be:
- 10% with Purchase Order
- 25% with issue of Engineering Approval drawings
- 25% mid fabrication
- 35% at time equipment is ready to ship
- 5% after installation & commissioning (but not to exceed 3 months after
shipping.)
Alternate Progressive Payment Schedules are available.
WARRANTY:
The Standard warranty with the equipment is 18 months from Ready to deliver from our
factory or 12 months after installation, whichever is earlier. Please note that at this time
our Warranty does not include any visit to the Customer site.
Please note that the equipment will be designed and built by our Handling Specialty
Manufacturing Ltd company.
Sincerely,
______________________________
Rick Breznik
Transportation Product Manager
1. ACCEPTANCE OF TERMS:
This proposal constitutes an offer submitted by Whiting Equipment Services Co., Ltd. ("Seller") for the sale to Purchaser of the
equipment ("Equipment") or services ("Services") described herein. Any acceptance of this offer is limited to acceptance of the
express terms of the offer contained in these General Proposal Conditions. Any proposal for additional or different terms or any
attempt by Purchaser to vary, in any degree, any of the terms in Purchaser’s acceptance by purchase order or otherwise shall not
operate as a rejection of this offer to sell unless such variance is in the terms of the description, quantity, price, or delivery schedule
of the Equipment or Services, but shall be deemed a material alternation thereof, and this offer shall be deemed accepted by
Purchaser without said additional or different terms. If this document shall be deemed an acceptance of a prior offer by Purchaser,
such acceptance is expressly conditional on Purchaser's assent to any additional or different terms contained herein. This Proposal
is submitted for consideration and acceptance within thirty (30) days from its date.
3. LIMITED WARRANTIES:
A. ENGINEERING SERVICES:
Seller warrants that the work and services performed by it hereunder shall be performed in accordance with accepted
engineering standards. Seller MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY. Seller’s total liability in the event of any breach of the foregoing warranty, or otherwise for any losses,
damages, claims or demands arising out of the work and services performed by Seller under this agreement, shall be limited
to re-performing, at Seller’s expense, that portion of the work and services for which such breach or otherwise has occurred
and provided that any such claim or demand shall be made promptly in writing to Seller. Seller shall not be responsible or
liable for defective material and equipment, and Seller shall not be responsible or liable for property damage or bodily injury
arising out of the work and services performed under this agreement. Seller MAKES NO REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE FACILITIES FOR WHICH Seller’s WORK AND
SERVICES ARE FURNISHED, and Purchaser shall have complete control of said facilities at all times. Except as otherwise
provided in this paragraph, Seller shall not be liable for or obligated in any manner to pay any losses, damages, claims or
demands arising out of the work and services performed by it under this agreement.
B. EQUIPMENT:
Seller warrants that the Equipment, insofar as it is of Seller's or Seller's subcontractor's manufacture, will be free from defects
in material and workmanship for a period of twelve (12) months from date of initial use by Purchaser or a period of eighteen
(18) months from date when ready to ship by Seller, whichever expires earlier ("Warranty Period"). All Equipment
manufactured by Seller's equipment suppliers carries only the warranty given by the supplier, which warranty Seller, at its
option, will either assign or will make available to Purchaser without recourse to Seller. Seller's obligation under this warranty,
and Purchaser's exclusive remedy for the breach thereof, shall be limited to Seller's correction of any defect in material or
workmanship by, at Seller's option, (a) providing repair or replacement part(s) for Equipment F.C.A. Seller's factory, or (b)
repairing any defective part(s); provided, however, that Purchaser shall be responsible for providing Seller with free and safe
working access to said defective parts. In no event, however, is Seller's obligation to exceed the replacement cost of the
The Performance Warranty (if any) shall be effective for a period of twelve (12) months after initial use by Purchaser or a
period of eighteen (18) months after ready to ship by Seller, whichever expires earlier ("Performance Warranty Period"). In
the event of successful completion of an operational test within the Performance Warranty Period to provide the warranted
performance, or in the event that no such operational test has been conducted within the Performance Warranty Period, then
the Performance Warranty shall be conclusively presumed to have been satisfactorily met and all responsibility therefore on
Seller's part shall cease. Substantial conformity with the Performance Warranty shall be deemed to fulfil Seller's obligations
hereunder. Should it be proven that the Equipment fails substantially to meet the Performance Warranty, the Seller shall
modify the Equipment so as to meet the Warranty, subject to the limitation of liability set forth in Article 18 of these General
Proposal Conditions. This shall represent the full extent of Seller's liability and Purchaser's exclusive remedy with respect to
the Performance Warranties.
Seller reserves the right to refuse to honour warranty claims for any equipment where payment has not been made in
accordance with the terms of the contract.
THE FOREGOING CONSTITUTES SELLER'S SOLE RESPONSIBILITY UNDER THESE WARRANTIES, AND PURCHASER'S EXCLUSIVE
REMEDIES FOR THE BREACH THEREOF. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THERE ARE NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY. The parties agree that such
remedies shall not be deemed to have failed of their essential purpose so long as Seller is willing to correct any non-conformity
in the manner and within the limits prescribed herein. If, for any reason, any or all of the exclusive remedies provided herein
were deemed by a court of law to have failed of their essential purpose or to otherwise be unavailing as limits on the
Purchaser's remedies for breach of any of the warranties contained herein, then it is the intent of the parties that Article 18
("Limitation of Liability") hereof nevertheless shall be accorded independent effect and would remain in full force as reflecting
the allocation of risk intended by the parties.
4. PAYMENTS:
If specified herein, Seller shall submit, requests for Progress Payments in proportion to the percentage of Seller's costs incurred to
date to anticipated total costs during performance of work at Seller’s facility under any contract which ensues from this Offer.
Purchaser shall honour Seller's Request for Progress Payments and shall effect payment in sufficient time for funds to be deposited
in Seller's account within thirty (30) days from the date of Seller's Request for Progress Payment. In addition, Seller shall submit
invoices for Equipment and/or Services which are shipped/performed. Purchaser shall effect payment of Seller's invoices for Partial
Deliveries in sufficient time for funds to be deposited in Seller's account within thirty (30) days from the date of Seller's invoice.
Notwithstanding the provisions of a contract between the Purchaser and other parties associated with this project, Purchaser shall
not withhold any funds due to Seller unless Seller's direct action or direct inaction has solely caused other parties to withhold funds
specifically arising directly out of Seller's actions or inactions. In such event, Purchaser shall advise Seller in writing, and in sufficient
detail, of the cause for such withholding and allow Seller to correct said failure. In no event shall payment of retainage funds
exceed ninety (90) days from date of shipment.
Seller shall assess a late charge of 1-1/2% per month (19.56% per annum) for all payments exceeding thirty (30) days from the date
of invoice and reserves the right to assert a lien against Purchase/Owner if funds remain unpaid.
Seller further reserves the right to offset against this Order or any future Orders any unpaid amounts due them for work performed.
5. BREACH OF CONTRACT:
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P.O. Box 217, 350 Alexander Street, Welland, ON, Canada L3B 5P4 (TEL 905-732-7585 FAX 905-732-2366) www.whiting.ca
Should Purchaser fail to make timely payment of Seller invoices or otherwise breach the terms cited herein, Seller shall have the
right to suspend performance and/or terminate all work upon written notice to the Purchaser. If Purchaser corrects the breach
within ten (10) days following the suspension/Termination notice, Seller will resume work and shall be entitled to recover any
additional costs, to include, reasonable profit resulting from this work stoppage as well as an extension of the required delivery
date. Seller shall be entitled to reimbursement of costs incurred to date in accordance with Article 10 – Cancellation if Purchaser
fails to correct the breach within the stated time. In the event of a breach of the contract by Purchaser, and in addition to any
other remedies available to Seller, Purchaser hereby agrees to pay, to the fullest extent permitted by law all costs and expenses
including attorneys’ fees which Seller may reasonably incur in any legal proceedings, formal or informal, to enforce the contract,
provided that Seller is the prevailing party in such proceedings.
6. SECURITY INTEREST:
At Seller's request, Purchaser shall (a) grant Seller a security interest in Equipment until Seller receives full cash payment therefor,
said security interest to be effected by Purchaser's execution of a security agreement covering Equipment on Seller's then current
security agreement form, and (b) perform all acts necessary to perfect and maintain such security interest in Seller, including the
execution of financing statements. Purchaser shall keep the Equipment free of all other liens and encumbrances, voluntary or
involuntary, until Seller receives full cash payment therefor.
8. HOLD HARMLESS:
PURCHASER SHALL INDEMNIFY, HOLD HARMLESS AND AGREE THAT IN NO EVENT SHALL SELLER BE LIABLE FOR ANY
CONSEQUENTIAL, ACTUAL, LIQUIDATED, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND OR CHARACTER, INCLUDING
BUT NOT LIMITED TO: LOSS OF USE OF PRODUCTIVE FACILITIES OR EQUIPMENT, LOST PROFITS, OR LOST PRODUCTS, WHETHER
SUFFERED BY PURCHASER OR ANY THIRD PARTY.
9. SUSPENSION:
Purchaser may suspend performance of any contract resulting from this Proposal only upon written notice to Seller and upon
Seller's written consent thereto, and only upon such terms as will indemnify and reimburse Seller for any and all work performed,
Equipment delivered and costs incurred up to the date of suspension, for all costs to which Seller has become committed for
fulfilment of the contract prior to suspension, and for all costs incurred as a direct result of the suspension, plus a reasonable profit
on the foregoing.
The following provisions shall also apply if a suspension occurs under any contract resulting herefrom:
A. The final contract price shall be adjusted to account for any increase which may occur in any of Seller's costs, including but not
limited to labor, materials, overhead, interest and profit in the period during which work has been suspended.
B. All costs of storage of material and Equipment made necessary by the suspension shall be for Purchaser's account.
C. Purchaser's account with Seller shall be made current. Any portion of the contract price which is due on the date of suspension,
but has been retained by Purchaser for any reason whatsoever, shall be paid to Seller; such payment shall be credited to
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P.O. Box 217, 350 Alexander Street, Welland, ON, Canada L3B 5P4 (TEL 905-732-7585 FAX 905-732-2366) www.whiting.ca
Purchaser by Seller upon recommencement of the work.
D. Warranty periods which apply to Equipment or to any of its components or parts, which are in effect on the date of suspension,
shall not be interrupted or suspended in conjunction with the suspension of work. Purchaser expressly agrees to assume all
consequences of the continued running of these warranty periods during the said suspension.
In the event Notice to Resume Work is not received within sixty (60) days from the date of Suspension Notification, Seller shall
have the right to cancel order and receive all cancellation costs due them as defined in Article 10 – Cancellation.
10. CANCELLATION:
The Purchaser may cancel or suspend the Contract only upon written notice to Seller and only upon such terms as will indemnify
and reimburse Seller as follows: total Contract Selling Price less the cost to complete at fair market value, plus all additional costs
incurred by Seller as a direct result of the cancellation or suspension (including, but not limited to reasonable costs and expenses
of: demobilisation, set-aside, storage, settlement with Seller’s suppliers and subcontractors).
11. STORAGE:
If Purchaser declines or is unable to take delivery at the time(s) specified in any contract resulting from this Proposal, Purchaser
shall have the responsibility to store the Equipment at its risk and for its account. If Purchaser declines or is unable to effect such
storage, Seller will have the Equipment stored for Purchaser at Purchaser's risk and account. In such event, Purchaser will pay all
storage, handling and re-handling charges and will continue to make payment according to the payment terms contained in said
contract.
B. Seller's obligations under Article 16A above are conditional upon Purchaser's notifying Seller promptly in writing when such
suit is brought or threatened and giving Seller full authority, information and assistance for the defense of the suit.
C. Seller's obligations under Article 16A above do not apply to any item, or part thereof, manufactured to Purchaser's
specifications, or to any product processed by use of Seller's Equipment and, as to such item or product, Seller assumes no
liability for patent infringement. Except as herein expressly set forth, Seller does not assume any other obligation or liability in
connection with patent infringement suits brought against Purchaser or the user of the Equipment.
B. The terms and conditions herein and all communications, descriptions, drawings, specifications, and other documents attached
hereto and specifically incorporated herein, shall upon the formation of a binding contract in accordance with Article 1, be
deemed to constitute the sole and entire agreement and contract between the parties as to the subject matter hereof. No
changes in, or modifications to, said agreement shall be binding upon the parties or either of them, unless they shall be in
writing and signed by both parties.
26. PAYMENT:
Payment is to be made in USD funds at par, or currency as quoted, in Welland, Ontario, Canada as detailed below. If all of the
equipment is not shipped at the same time, prorata payments shall be made for partial shipments.
Description:
The Whiting Drop Table system consist of one 50 imperial (45 metric) Ton Drop
table, one Service Top, one Traction Motor Dolly, four Locking bar pockets, one
Bascule Top system and the required Electrical controls, to remove a traction
motor from a locomotive and traverse it, in an open pit, to a release area for
exchange.
The Service Top will allow Operators easy access to the rail vehicle traction
motors or wheelset for disconnecting them from their trucks (bogies). The
Service Top is equipped with manually operated levers (one on each side of the
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P.O. Box 217, 350 Alexander Street, Welland, ON, Canada L3B 5P4 (TEL 905-732-7585 FAX 905-732-2366) www.whiting.ca
Service Top) for locking and unlocking the Service Top, as required, to allow rail
traffic to pass over. The Service Top is only unlocked when the Drop Table is
underneath it. A supplied sensor will acknowledge if the Service Top is locked or
not locked. This sensor will be connected to a light providing a RED light for
unlocked and GREEN for locked. The Light can be located where best required
by the customer.
The Traction Motor dolly and wheel chocks will be supplied on the Service Top.
The Dolly can be rolled into the best position on the Service Top, allowing its 20
imperial (18 metric) Ton hydraulic ram to assist in the removable and support of
the traction motor. The supplied wheel chocks will allow the Operator to lock the
position of the traction motor wheels on the Service Top tracks to prevent the
motor from moving when being removed.
The Operator will have a hand held pendant control with 35 feet of cable from the
pedestal control panel. This will allow the Operator to bring the control with them
onto the Service Top to assist in the movement of the Service Top (by raising
and lowering the drop table) for disconnecting the traction motor.
Once the Drop Table raises the Service Top above rail level, the Operator is to
support the weight of the rail vehicle through spacer blocks (that they supply) that
can be placed on the steel support plates that are part of our embedded locking
bar pockets.
The Operators shall not be on the Service Top when it is being fully lowered into
the pit, nor when it traverses to the Release track.
At the Release Track, the Operator will raise the Drop table and service top up to
shop floor level. As the Service top is raised, it will mechanically open the
Bascule doors.
The Operators should then use an overhead crane to remove the traction motor
from the Service Top. The replacement traction motor can be placed in the same
wheel chocked position on the Service Top.
The Operator can then operate the Drop table to lower the Service Top and
traverse it back to the Service Track and raise it back up to the track level where
they can reconnect the traction motor to the rail vehicle.
Lubrication System:
The Drop Table will have an automatic pressurized lubrication system to lubricate
their nuts and screws.
Service Top:
One (1) piece service top shall be provided. The Service Top comes with a
manually operated locking bar system that locks into pre-installed locking
pockets. The Service top is lifted, lowered and racked by the drop table. The
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P.O. Box 217, 350 Alexander Street, Welland, ON, Canada L3B 5P4 (TEL 905-732-7585 FAX 905-732-2366) www.whiting.ca
Service Top is approximately 14’” long by 6’-6” wide complete with 19mm (3/4")
checkered steel plate flooring. The flooring will be set at 3’-6” below the top of the
rail (both inside and outside the rails). Customer to confirm what depth of
Service Top works best for their application. The Service top shall accommodate
the Traction Motor Dolly. A set of four (4) manually applied and adjusted wheel
stops will be provided (to hold the traction motor in place on the service top.)
Side handrails will be provided on the Service Top
Locking bar pocket supporting the approach rail and showing a typical steel
support pad for supporting the locomotive / bogie
Electrical controls:
We will provide a festoon (or cable reel) system with sufficient cable to reach the
pit wall at the farthest point of travel from the end of the drop table. The Festoon
system will be connected to the permanent electrical outlets, supplied by others,
in the pit wall.
A NEMA 4 pedestal control panel will be provided. The Operator will also have
control of the Drop Table through a 35 foot long pushbutton pendant that is
connected to the Pedestal control panel. (An optional wireless pendant can also
be supplied.)
Typical Pedestal control panel (on left) and Main Control Panel (on right)
Construction design:
The Drop table is built to applicable North American Standards.
The Drop table will be operationally tested in our shop.
The Drop table will be partially dis-assembled for shipping.
The Drop Table will have to be re-assembled by the customer at the site.
Special Tools
No special tools are required.
Lubricants
All required lubricants to commission the drop table will be supplied. Information
for the required type of lubricant for general maintenance will be provided in the
User Manual
Pre-visit: Once the customer has completed the construction of the pit including
the installation of the locking bar pedestals and the pit rails, we will have the
customer provide us with specific key measurements. Based on the acceptance
of these measurements we can send a technician to site to verify these
measurements and work with the customer to plan out the final installation
timeline and required assistance.
Installation, Commissioning and Training: Once the customer has completed the
construction of the pit including the installation of the locking bar pedestals and
the pit rails, we will have the customer provide us with specific key
measurements. Based on the acceptance of these measurements, we can send
our two technicians to site to lead the installation process for up to a 10 day
working period (Monday to Saturday, with no work on Sunday).
The customer is to supply at least 1 mechanic and 1 Electrician and 2 manual
labourers, including overhead lifting equipment and forklifts and general tools to
assist us in the installation.
Once the equipment is installed, based on the customer providing a locomotive
and Operators, on the second last day we can we can commission the
equipment for them. On our last day we can provide specific training to the
Operators and the Maintenance personal.
NOTES:
- The supplied Mechanic and electrician should be able to communicate in
English. If not, customer to provide a translator at all times.
- Cancellation charges on scheduled visits apply when travel arrangements
made.
- If operations are delayed or interrupted through no fault of Handling
Specialty, additional onsite work will be provided at the rates in effect
when the service is performed. Return trip visits will be billed at standard
service rates for travel time and expenses.
- All wait time to gain access to the work site and equipment will be
considered as work and will be billed at standard service rates.
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- Customer to provide all travel for our technicians within their property.
- Customer to provide local food service access within their property for our
technicians.
Options:
1) The Drop table system can easily be expanded to have more than one
Service Track serviced by the same Drop Table system. The extra costs
would be for additional Service Tops and Traction Motor Dollys for each
new Service Track location.
2) We can custom design the Service Top to suit the customers requirements
of larger (or smaller) or shallower (or deeper) application.
3) We can provide a wireless remote control along with the standard cabled
handheld pendant.
Thread in Compression:
The Whiting drop table design has their “load screw in compression”. Our “in-
compression” design eliminates the possible breakage in shear when the drop
table is under load. This also eliminates the need for additional features such as
secondary safety nuts and interlocking arrangements to shut down the drop table
for a screw failure. The worst case failure scenario of a “screw in compression”
design is general wear of the threads. This is why simple lubrication and regular
maintenance inspection of our equipment is more valuable than built-in
redundant features and options that attempt to deal with catastrophic failures.
Self-Locking:
Whiting’s drop tables are Self-Locking in case of power failure.
Synchronization:
Whiting’s drop table is designed with a single “hoist duty” motor driving all four
screws in synchronization. This eliminates the need for expensive equipment to
continuously monitor any variation in turning speed and lifting height variations.
Whiting also uses a two left hand screws and two right hand screw design to
reduce oscillation and vibration.
Service Tops:
Whiting’s Service Tops are designed to suit the customer facility while stilling
being ergonomically friendly. Widths, depths and lengths can be design to fit
existing or new installations.
Electrical Controls:
All electrical components are UL / CSA approved.
Motors:
Whiting jack motors are not an “off the shelf” item. They are specified as a heavy
duty Class B hoist motors. This ensures dependable and long term usage of the
equipment.
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P.O. Box 217, 350 Alexander Street, Welland, ON, Canada L3B 5P4 (TEL 905-732-7585 FAX 905-732-2366) www.whiting.ca
Controls:
Drop table is controlled wired a hand held pendant. This allows freedom for the
Operator to move around the Service Top and Drop table pit as required.
Simple Operation:
Customers are able to easily start using our drop tables with instructions
contained in the manual.