Common use of Technical Expertise Clause in Contracts

Technical Expertise. A. All Seller personnel who work on equipment at Buyer's sites must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. Seller will inform Buyer when such personnel do not meet Level III certification criteria, and will be subject to remedies described below paragraph G. B. Seller personnel used to install new equipment or relocate existing equipment must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. C. On Site Field Service Engineer (OSFSE)—OSFSE must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. The OSFSE will be responsible for the management and supervision of Seller's team of Field Service Engineers (FSE's) and other personnel utilized in the performance of this Agreement. The OSFSE shall be responsible for resolving any Seller personnel-related discipline issues. However, Buyer reserves the right to request the immediate removal of any Seller personnel who are in breach of any laws, regulations, or provisions of this Agreement. The OSFSE will be a primary communication link from Buyer's factory to Seller, and will participate in Buyer's various equipment improvement teams, and management reviews as requested. The OSFSE will deliver on-the-job training and formal training per Specification 20-254 section 4.7 to maintain and improve the skills of the FSE's and Buyer's factory personnel assigned to Seller's equipment. As requested by Buyer, the OSFSE must report equipment performance MTBA, MTBF, Utilization, Outs per system, Spares usage, and PM PAS, weekly to responsible Process/Equipment Engineer, Site Supplier Management Team and Buyer, as well as performance against schedule (PAS) for any agreed to service objectives or issues and plans. D. Off Site Field Service Engineer (OFSFSE)—OFSFSE must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. FSE's must maintain and repair the equipment listed in this contract or factory specific Scope of Work. The work of FSE's on shift will be coordinated through Buyer's Shift Technical Supervisor or Manager. E. Upon request, Seller shall furnish evidence of any and all On Site Field Service Engineer (OSFSE) or Off Site Field Service Engineer (OFSFSE) credentials with respect to being Level III certified, as defined in this section. Buyer shall have the right to audit any such evidence, including, but not limited to, the right to interview any of Seller's personnel designated for the performance of applicable factory-specific service Scope of Work or equipment associated as noted in this agreement. F. Buyer must maintain all training and certification records for all Field Service Engineers. As part of Buyer's ISO 9001 certification process, Seller may be requested to provide information regarding Buyer in-house training or current calibration records for all applicable hand tools, and current listing of all manuals, including revision number. G. If any of Seller's personnel assigned to any factory-specific service or Scope of Work, upon commencement of work at Buyer's factory, are not Level III Addendum G, Buyer may choose from one of the remedies listed below. Such remedies will apply only to the individual personnel in question and will be in effect only until such time as Seller can prove that such personnel have met the requirements to be "Level III." i. The individual is removed from Buyer's factory and replaced by a "Level III." Or, ii. The individual shall be paid-for at [*****] of the rate established in this Agreement and an agreed Seller-developed training plan will be established for that individual. Or, iii. The individual may remain but shall be supplemented at no charge by an additional Seller personnel who is Level III certified Or, iv. Buyer may cancel the portion of the applicable factory-specific service Scope of Work equal to the number of individuals who are not Level III, with no cancellation liability. v. Withhold [*****] of final equipment payment, until Field Service Engineer is Level III certified.

Appears in 3 contracts

Samples: Purchase Agreement (Cascade Microtech Inc), Purchase Agreement (Cascade Microtech Inc), Purchase Agreement (Cascade Microtech Inc)

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Technical Expertise. A. All Seller personnel who work on equipment (including installation or relocation) at Buyer's ’s sites must be Level III certified per Addendum G Section 11 Field Service Engineer Skills and Expectations. Seller will inform Buyer when such personnel do not meet Level III certification criteria, and will be subject to remedies described below paragraph G.below B. Seller personnel used to install new equipment or relocate existing equipment must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. C. On Site Field Service Engineer (OSFSE)—OSFSE must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. The OSFSE will be responsible for the management and supervision of Seller's team of Field Service Engineers (FSE's) and other personnel utilized in the performance of this Agreement. The OSFSE)-The OSFSE shall be responsible for resolving any Seller personnel-related discipline issues. However, Buyer reserves the right to request the immediate removal of any Seller personnel who are in breach of any laws, regulations, or provisions of this Agreement. The OSFSE will be a primary communication link from Buyer's ’s factory to Seller, and will participate in Buyer's ’s various equipment improvement teams, and management reviews as requested. The OSFSE will deliver on-the-job training and formal training per Specification 20-254 section 4.7 to maintain and improve the skills of the FSE's and Buyer's factory personnel assigned to Seller's equipment. As requested by Buyer, the OSFSE must report equipment performance MTBAwill deliver informal on-the-job-training, MTBF, Utilization, Outs per system, Spares usage, and PM PAS, weekly to responsible Process/Equipment Engineer, Site Supplier Management Team and Buyer, as well as performance against schedule (PAS) for any agreed to service objectives or issues and plansworking with team members from the Buyers Technical Staff. D. C. Off Site Field Service Engineer (OFSFSE)—OFSFSE must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. FSE's OFSFSE)-FSE’s must maintain and repair the equipment listed in this contract or factory specific Scope of Work. The work of FSE's ’s on shift will be coordinated through Buyer's ’s Shift Technical Supervisor or Manager. E. D. Upon request, Seller shall furnish evidence of any and all On Site Field Service Engineer Engineers (OSFSE) or Off Site Field Service Engineer (OFSFSEFSEs) credentials with respect to being Level III certified, as defined in this section. Buyer shall have the right to audit any such evidence, including, but not limited to, the right to interview any of Seller's ’s personnel designated for the performance of applicable factory-specific service Scope of Work or equipment associated as noted in this agreement. F. E. Buyer must maintain all training and certification records for all Field Service Engineers. As part of Buyer's ’s ISO 9001 certification process, Seller may be requested to provide information regarding Buyer in-house training or current calibration records for all applicable hand tools, and current listing of all manuals, including revision number. G. F. If any of Seller's ’s personnel assigned to any factory-specific service or Scope of Work, upon commencement of work at Buyer's ’s factory, are not Level III Addendum Gas defined in this Section, Buyer may choose from one of the remedies listed below. Such remedies will apply only to the individual personnel in question and will be in effect only until such time as Seller can prove that such personnel have met the requirements to be "Level III." i. The individual is removed from Buyer's ’s factory and replaced by a "Level III." Or, ii. The individual shall be paid-for at [*****] * of the rate established in this Agreement and an agreed Seller-developed training plan will be established for that individual. Or, iii. The individual may remain but shall be supplemented at no charge by an additional Seller personnel who is Level III certified certified. Or, iv. Buyer may cancel the portion of the applicable factory-specific service Scope of Work equal to the number of individuals who are not Level III, with no cancellation liability.. Or, v. Withhold [*****] * of final equipment payment, until Field Service Engineer is Level III certified.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement (Cohu Inc)

Technical Expertise. A. All Seller personnel who work on equipment at Buyer's sites must In order to be considered a Level III certified per Addendum G Field Service Engineer Skills and Expectations(FSE), the individual must meet all of the following requirements: i. At least six months experience working with the model(s) of equipment being supported under this Agreement. Experience levels short of six months will result in the Seller providing the individual at no cost to Buyer. Seller will inform Buyer when such personnel do not meet work with Buyer's training and documentation representative to xxxxxop and produce a training plan, which will raise this individual to Level III certification criteria, and will be subject status. ii. The ability to remedies described below paragraph G.demonstrate proficiency in all of the tasks listed in applicable factory-specific service Scopes of Work. B. iii. Any other factory-specific requirements as agreed to in writing. iv. Seller personnel used to install new equipment or relocate existing equipment must be Skill Certified Level III certified per Addendum G III. v. ON SITE and OFF SITE Field Service Engineer Skills and Expectations. C. On Site Field Service Engineer (OSFSE)—OSFSE Engineers must be Level III certified Skill Certified LEVEL III, as per Curriculum Section Addendum G Field Service Engineer Skills and ExpectationsJ. vi. ON SITE FIELD SERVICE ENGINEER (OSFSE) - The OSFSE will be responsible for the management and supervision of Seller's team of Field Service Engineers Engineer (FSE's) and other personnel utilized in the performance of this Agreement. The OSFSE shall be responsible for resolving any Seller personnel-related discipline issues. However, Buyer reserves the right to request the immediate removal of any Seller personnel who are in breach of any laws, regulations, or provisions of this Agreement. The OSFSE will be a primary communication link from Buyer's factory to Seller, and will participate in Buyer's various equipment improvement teams, and management reviews as requested. The OSFSE must be a certified Level III (as per Section Addendum J of this Agreement) and will deliver on-the-job training and formal training per Specification 20-254 section 4.7 to maintain and improve the skills of the FSE's and Buyer's factory personnel assigned to Seller's equipment. As requested by Buyer, the The OSFSE must report equipment performance MTBA, MTBF, Utilization, Outs per system, Spares usage, and PM PAS, weekly to responsible Process/Equipment Engineer, Site Supplier Management Team and Buyer, as well as performance against schedule (PAS) for any agreed to service objectives or issues and plans. The OSFSE shall be responsible for resolving any Seller personnel-related discipline issues. However, Buyer reserves the right to request the immediate remxxxx of any Seller personnel who are in breach of any laws, regulations, or provisions of this Agreement. D. Off Site Field Service Engineer vii. OFF SITE FIELD SERVICE ENGINEER (OFSFSE)—OFSFSE OFSFSE) - OFSFSE must be Level III certified as per Section Addendum G Field Service Engineer Skills and ExpectationsJ of this agreement. FSE's must maintain and repair the equipment listed with in this contract or factory specific Scope of Work. The work of FSE's on shift will be coordinated through Buyer's Shift Technical Supervisor or Manager. E. Upon B. Xpon request, Seller shall furnish evidence of any and all On Site Field Service Engineer (OSFSE) or Off Site Field Service Engineer (OFSFSE) credentials with respect to being a Level III certifiedIII, as defined in this section. Buyer shall have the right to audit any such evidence, including, but not limited to, the right to interview and any of Seller's personnel designated for the performance of applicable factory-specific service Scope of Work or equipment associated as noted in this agreement. F. C. Buyer must maintain all training and certification records for all xxx Field Service Engineers. As part of Buyer's ISO 9001 9002 certification process, Seller may be requested to provide information regarding Buyer in-house training or current calibration records for all applicable hand tools, and current listing of all manuals, including revision number. G. D. If any of Seller's personnel assigned to any factory-specific service or Scope of Work, upon commencement of work at Buyer's factory, are not Level III Addendum Gas defined in this Section, Buyer may choose from one of the remedies listed below. Such remedies will apply only to the individual personnel in question and will be in effect only until such time as Seller can prove that such personnel have met the requirements to be "Level III." i. The individual is removed from Buyer's factory and replaced by a "Level III." Or, ii. The individual shall be paid-for at [*****] 50% of the rate established in this Agreement and an agreed Seller-developed training plan will be established for that individual. Or, iii. The individual may remain but shall be supplemented at no charge by an additional Seller personnel who is Level III certified Or, iv. Buyer may cancel the portion of the applicable factory-specific service Scope of Work equal to the number of individuals who are not Level III, with no cancellation liability. v. Withhold [*****] 20% of final equipment payment, until Field Service Engineer is Level III certified.

Appears in 2 contracts

Samples: Purchase Agreement (Formfactor Inc), Purchase Agreement (Formfactor Inc)

Technical Expertise. A. All Seller personnel who work on equipment (including installation or relocation) at Buyer's ’s sites must be Level III certified per Addendum G Section 11 Field Service Engineer Skills and Expectations. Seller will inform Buyer when such personnel do not meet Level III certification criteria, and will be subject to remedies described below paragraph G.below B. Seller personnel used to install new equipment or relocate existing equipment must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. C. On Site Field Service Engineer (OSFSE)—OSFSE must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. The OSFSE will be responsible for the management and supervision of Seller's team of Field Service Engineers (FSE'sOSFSE) and other personnel utilized in the performance of this Agreement. The OSFSE shall be responsible for resolving any Seller personnel-related discipline issues. However, Buyer reserves the right to request the immediate removal of any Seller personnel who are in breach of any laws, regulations, or provisions of this Agreement. The OSFSE will be a primary communication link from Buyer's ’s factory to Seller, and will participate in Buyer's ’s various equipment improvement teams, and management reviews as requested. The OSFSE will deliver on-the-job training and formal training per Specification 20-254 section 4.7 to maintain and improve the skills of the FSE's and Buyer's factory personnel assigned to Seller's equipment. As requested by Buyer, the OSFSE must report equipment performance MTBAwill deliver informal on-the-job-training, MTBF, Utilization, Outs per system, Spares usage, and PM PAS, weekly to responsible Process/Equipment Engineer, Site Supplier Management Team and Buyer, as well as performance against schedule (PAS) for any agreed to service objectives or issues and plansworking with team members from the Buyers Technical Staff. D. C. Off Site Field Service Engineer (OFSFSE)—OFSFSE must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. OFSFSE) — FSE's ’s must maintain and repair the equipment listed in this contract or factory specific Scope of Work. The work of FSE's ’s on shift will be coordinated through Buyer's ’s Shift Technical Supervisor or Manager. E. D. Upon request, Seller shall furnish evidence of any and all On Site Field Service Engineer Engineers (OSFSE) or Off Site Field Service Engineer (OFSFSEFSEs) credentials with respect to being Level III certified, as defined in this section. Buyer shall have the right to audit any such evidence, including, but not limited to, the right to interview any of Seller's ’s personnel designated for the performance of applicable factory-specific service Scope of Work or equipment associated as noted in this agreement. F. E. Buyer must maintain all training and certification records for all Field Service Engineers. As part of Buyer's ’s ISO 9001 certification process, Seller may be requested to provide information regarding Buyer in-house training or current calibration records for all applicable hand tools, and current listing of all manuals, including revision number. G. F. If any of Seller's ’s personnel assigned to any factory-specific service or Scope of Work, upon commencement of work at Buyer's ’s factory, are not Level III Addendum Gas defined in this Section, Buyer may choose from one of the remedies listed below. Such remedies will apply only to the individual personnel in question and will be in effect only until such time as Seller can prove that such personnel have met the requirements to be "Level III." i. The individual is removed from Buyer's ’s factory and replaced by a "Level III." Or, ii. The individual shall be paid-for at [*****] * of the rate established in this Agreement and an agreed Seller-developed training plan will be established for that individual. Or, iii. The individual may remain but shall be supplemented at no charge by an additional Seller personnel who is Level III certified certified. Or, iv. Buyer may cancel the portion of the applicable factory-specific service Scope of Work equal to the number of individuals who are not Level III, with no cancellation liability.. Or, v. Withhold [*****] * of final equipment payment, until Field Service Engineer is Level III certified.

Appears in 1 contract

Samples: Purchase Agreement (Cohu Inc)

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Technical Expertise. A. All Seller personnel who work on equipment (including installation or relocation) at Buyer's sites must be Level III certified per Addendum G Section 11 Field Service Engineer Skills and Expectations. Seller will inform Buyer when such personnel do not meet Level III certification criteria, and will be subject to remedies described below paragraph G.below B. Seller personnel used to install new equipment or relocate existing equipment must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. C. On Site Field Service Engineer (OSFSE)—OSFSE must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. The OSFSE will be responsible for the management and supervision of Seller's team of Field Service Engineers (FSE'sOSFSE) and other personnel utilized in the performance of this Agreement. - The OSFSE shall be responsible for resolving any Seller personnel-related discipline issues. However, Buyer reserves the right to request the immediate removal of any Seller personnel who are in breach of any laws, regulations, or provisions of this Agreement. The OSFSE will be a primary communication link from Buyer's factory to Seller, and will participate in Buyer's various equipment improvement teams, and management reviews as requested. The OSFSE will deliver on-the-job training and formal training per Specification 20-254 section 4.7 to maintain and improve the skills of the FSE's and Buyer's factory personnel assigned to Seller's equipment. As requested by Buyer, the OSFSE must report equipment performance MTBAwill deliver informal on-the-job-training, MTBF, Utilization, Outs per system, Spares usage, and PM PAS, weekly to responsible Process/Equipment Engineer, Site Supplier Management Team and Buyer, as well as performance against schedule (PAS) for any agreed to service objectives or issues and plansworking with team members from the Buyers Technical Staff. D. C. Off Site Field Service Engineer (OFSFSE)—OFSFSE must be Level III certified per Addendum G Field Service Engineer Skills and Expectations. OFSFSE) - FSE's must maintain and repair the equipment listed in this contract or factory specific Scope of Work. The work of FSE's on shift will be coordinated through Buyer's Shift Technical Supervisor or Manager. E. D. Upon request, Seller shall furnish evidence of any and all On Site Field Service Engineer Engineers (OSFSE) or Off Site Field Service Engineer (OFSFSEFSEs) credentials with respect to being Level III certified, as defined in this section. Buyer shall have the right to audit any such evidence, including, but not limited to, the right to interview any of Seller's personnel designated for the performance of applicable factory-specific service Scope of Work or equipment associated as noted in this agreement. F. E. Buyer must maintain all training and certification records for all Field Service Engineers. As part of Buyer's ISO 9001 certification process, Seller may be requested to provide information regarding Buyer in-house training or current calibration records for all applicable hand tools, and current listing of all manuals, including revision number. G. F. If any of Seller's personnel assigned to any factory-specific service or Scope of Work, upon commencement of work at Buyer's factory, are not Level III Addendum Gas defined in this Section, Buyer may choose from one of the remedies listed below. Such remedies will apply only to the 30 *** Confidential material redacted and submitted spearately to the Commission individual personnel in question and will be in effect only until such time as Seller can prove that such personnel have met the requirements to be "Level III." i. The individual is removed from Buyer's factory and replaced by a "Level III." Or, ii. The individual shall be paid-for at [*****] 50% of the rate established in this Agreement and an agreed Seller-developed training plan will be established for that individual. Or, iii. The individual may remain but shall be supplemented at no charge by an additional Seller personnel who is Level III certified certified. Or, iv. Buyer may cancel the portion of the applicable factory-specific service Scope of Work equal to the number of individuals who are not Level III, with no cancellation liability.. Or, v. Withhold [*****] 20% of final equipment payment, until Field Service Engineer is Level III certified.

Appears in 1 contract

Samples: Purchase Agreement (Cohu Inc)

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