Maintenance Contract
Terms & Conditions
ACCEPTANCE
Unless advised to the contrary within 15 days of the execution of an agreement, customer may consider this agreement to have been accepted by Hollmeyer HVAC as written.
SCOPE OF OBLIGATIONS UNDER FIXED FEE
Hollmeyer HVAC shall provide basic service, maintenance and emergency service when contracted for, and shall make normal operational adjustments to the equipment as listed on the equipment list and work order.
OBLIGATION OF CUSTOMER
Customer shall operate the equipment in accordance with instructions given by Hollmeyer HVAC and the manufacturer and agrees to extend all reasonable cooperation requested in terms of personnel, premises and available building maintenance material, tools, ladders, etc., movement of items blocking normal access to required work and promptly notify Hollmeyer HVAC upon observation of any unusual operating conditions.
Hollmeyer HVAC shall have full and free access to the equipment to provide service.
SERVICE AVAILABILITY
Hollmeyer HVAC agrees to provide service availability during normal business hours, ie., 8AM–5PM, Monday through Friday, holidays excepted, and service at other than normal business hours, if contracted for, at the hourly rate and terms, including vehicle charges or special assessments, then in effect by Hollmeyer HVAC. If an emergency service call is made, at customer’s request, and inspection does not reveal any defect for which Hollmeyer HVAC is responsible, customer will be liable for regular and/or overtime charges prevailing for such service. Customer acknowledges that there is a minimum charge of one (1) hour.
If persons other than representatives of Hollmeyer HVAC perform maintenance or repair a unit of equipment and as a result further repair by Hollmeyer HVAC is required, such repairs will be made at Hollmeyer HVAC applicable time and material rates and terms then in effect.
CHARGES & TERMS
Service charges will be in invoiced in advance except for time and material accounts and extra work. Payment is due at servicing. Any balance due after 30 days shall bear interest at the maximum legal rate permitted from the date said services were rendered.
TAXES
There will be added to all charges the amount of any present and future taxes or any other governmental charges now or here-under imposed by existing or future laws with respect to any services rendered or parts supplied.
EXCLUSIONS
Maintenance service does not include:
(a) water supply and drain beyond the subject equipment; (b) equipment housing, casings or enclosure; (c) electrical service beyond equipment disconnect switch (added by contract rider); or service requirements due to power failure; (d) damage caused by freezing; (e) work required by government codes, building and union regulations; (f) energy management and emergency calls resulting from accident, transportation or relocation, neglect, or misuse, or other than ordinary use; (g) repair to equipment located in an unsuitable place of installation or an unsafe or hazardous environment; (h) emergency calls resulting from system design problems and (j) plumbing (unless added by contract rider).
The work order assumes the systems covered to be in maintenance condition. If repairs are found necessary upon initial inspection or initial seasonal start up, repair charges will be submitted for approval (added by contract rider). Should these restoration charges be declined, these non-maintainable items will be eliminated from the program and the monthly maintenance price adjusted accordingly. Hollmeyer HVAC will not be required to make safety tests or install new attachments, additional controls, or equipment as recommended or directed by any insurance company or government authority, or to make replacements contracted for with parts or devices of a different design for any reason.
LIMITATION OF LIABILITY
The customer agrees that Hollmeyer HVAC will not be liable for any lost profits, consequential damages or for any claim or demand against the customer by any other party, even if Hollmeyer HVAC has been advised of the possibility of such damages.
The customer agrees that Hollmeyer HVAC liability hereunder for damage to equipment as covered by the equipment list shall not exceed the amount paid for services for the applicable equipment during the preceding three (3) months unless such is the result of Hollmeyer HVAC negligence.
Hollmeyer HVAC does not make any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Hollmeyer HVAC shall not be responsible or liable for any loss, damages or delay in furnishing materials or failure to perform services when caused by fire, garden, acts of civil or military authorities or by insurrections, riot or civil disorder, or by any other cause which is unavoidable or beyond its control.
RESTRICTIONS ON HIRING
If customer hired or retains as an independent contractor any present or former employee of Hollmeyer HVAC within 180 days subsequent to termination of this agreement, customer agrees to pay Hollmeyer HVAC a sum equal to six (6) months service charge, as a reasonable reimbursement, to Hollmeyer HVAC for its expenses in training and familiarizing the present or former employee with customer’s system.
DEFAULT
If customer does not pay the amount due hereunder, or breaches any of the terms of this agreement, Hollmeyer HVAC may, in addition to any legal remedies it may have, refuse to continue to service agreement.
TERM
This agreement shall remain in effect from year to year or until canceled by either party on 30 days written notice. Prices are subject to periodic change due to change in labor and material rates.
GENERAL
This agreement shall be governed by laws of the state where the work is performed. The terms and conditions here in shall prevail notwithstanding any variance with the terms and conditions of any order submitted by customer with respect to maintenance service.
Either party may terminate this agreement at any time for failure of the other to comply with any of its terms and conditions.
Customer represents that he is the owner of the equipment or, if not the owner, he has authority to enter into this agreement.
In the event any party shall bring any suit or action against the other for relief arising out of this agreement, the prevailing party shall have and recover against the other party, all court costs, disbursements, and a reasonable attorney fee.