Fill and Sign the Agreement Service Repair Form

Agreement to Service and Repair H eating, Ventilation, Air Conditioning Equipment and/or to do Kitchen Repair and Service Agreement made on the __________________ (date) , between _________________________ (Name of Service Contractor) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at _________________________________________________________ __________________ (street address, city, state, zip code) , referred to herein as Contractor , and ____________________ (Name of Customer) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at _________________________________________________________ __________________ (street address, city, state, zip code) , referred to herein as Customer . Whereas, Contractor is a Service and Repair Contractor specializing in the service and repair of heating, ventilation, and air conditioning equipment as well as kitchen repair and service; and Whereas, Customer desires to contract with Contract to do certain service and repair work at the Building located at ________________________________________ ______________________________________ (street address, city, state, zip code) ; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The project, hereinafter called the Project, will be performed at ______________ _________________________________________________________ (street address, city, state, zip code) , hereinafter called the Premises , and will consist of (describe in general) ___________________________________________________ _____________________________________________________________________ . 2. The price for the Project will be ( check one): [ ] This is a Fixed Price Contract. The Contract Price is $_____________. Payment(s) are due ________________________________ (dates) in the amount of $__________. [ ] This contract is based on a time and material charge with an E stimated Contract Price of $_________ which shall be charged in increments of quarter hours. The estimated costs of material is $ __________. The actual contract amount of a time and cost of material may not exceed the estimated contract amount without written authorization from the Customer. Payment(s) are due ________________________________ (dates) in the amount of $__________. 3. Approximate Start Date: ________ Approximate Completion Date:___________. 4. Amount of Service Charge: $_____________ You may be charged only one service charge, including any trip charge or inspection fee. 5. Contractor will offer you any parts that were replaced. If you do not want the parts, initial the following checkbox: [ ] OK for Contractor to take replaced parts. 6. A full description of the Project and materials to be used and equipment to be installed is set forth in Exhibit A attached hereto and made a part hereof. 7. Services not Covered Contractor will not perform any other work than that which is specified herein, including but not limited to carpentry, plaster/wall work, electrical work, tile work, landscaping, masonry, flooring, roofing, paving, etc., except if that work is incidental or necessary to the contracted work, or necessary to restore the Premises after the repair is made. 8. Customer’s Responsibilities and Site Conditions Electricity and water to the work site is necessary. Customer shall allow and provide Contractor and its equipment access to the property. Customer is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. Customer is also responsible to secure, remove and protect all persons and/or property, and its contents, including but not limited to adults, children, animals, contents of cabinets, carpets, drapes, and furniture, during the work, and shall hold harmless and indemnify Contractor against all claims arising out of Customer's failure to do so. 9. Delays Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons:  failure of the issuance of all necessary building permits within a reasonable length of time,  acts of neglect or omission of Customer or Customer's employees or agents,  acts of God, stormy or inclement weather,  strikes, lockouts, boycotts or other labor union activities,  extra work ordered by Customer,  acts of public enemy, riots or civil commotion,  inability to secure material through regular recognized channels,  failure of Customer to make payments when due,  delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or  other causes beyond Contractor's reasonable control. 10. Fees, Taxes and Assessments Taxes, Permits, Fees, and assessments of all descriptions will be paid for by Customer. Customer will obtain all required building permits, Permits will be secured by the Contractor if requested to by Customer in writing and at additional expense. Upon demand by Contractor, Customer shall provide ample funds to acquire any and all necessary permits on a timely basis. Customer will pay assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drains, water service, schools and school facilities, other utilities, hook-up charges and the like. 11. Labor and Material Contractor shall pay all valid charges for labor and material incurred by Contractor and used in the construction or repair of the Project. No waiver or release of mechanic's lien given by Contractor shall be binding until all payments due to Contractor have been made. 12. Clean-Up Contractor will remove from Customer's property debris and surplus material created by its operation and leave it in a neat and broom clean condition. 13. Asbestos and Hazardous Substances If Contractor asbestos, polychlorinated biphenyl (PCB), or other hazardous substances, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, Contractor shall immediately stop work and allow the Customer to obtain a duly qualified asbestos and/or hazardous material Contractor to perform the work. 14. Limited Warranty Contractor warrants that all work performed by Contractor shall be done in a good and workmanlike manner in accordance with accepted trade practices. Said warranty shall extend for one year from the date of substantial completion of Contractor's work. THIS IS THE ONLY WARRANTY PROVIDED BY CONTRACTOR TO CUSTOMER . Customer shall notify Contractor within twenty-four (24) hours of discovery of any warranty claim. CONTRACTOR SHALL RESPOND TO WARRANTY CALLS WITH REASONABLE PROMPTNESS, BUT ONLY BETWEEN THE HOURS OF 8:30 AM TO 4:30 P.M MONDAY THROUGH FRIDAY, EXCLUDING HOLIDAYS, UNLESS OTHERWISE AGREED TO IN WRITING. FAILURE OF CUSTOMER TO NOTIFY CONTRACTOR AS SET FORTH HEREIN SHALL VOID ANY WARRANTIES AFFORDED HEREIN. CONTRACTOR SHALL NOT BE LIABLE FOR WATER OR OTHER DAMAGES RELATING FROM ANY DEFECT OR DELAY IN RESPONDING TO SAID WARRANTY. CONTRACTOR SHALL NOT BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY WORK PERFORMED, OR ANY PROBLEM, WHETHER OR NOT COVERED BY THIS LIMITED WARRANTY. NO WARRANTIES SHALL APPLY IF CONTRACTOR WAS NOT PAID IN FULL FOR ALL OF THE WORK IT PERFORMED. 15. Change Orders Should the Customer or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. The change in the contract price caused by such additional work shall be as agreed to in writing, or if the parties are not in agreement as to the change in contract price, Contractor's actual cost of all labor, equipment, subcontracts and materials, plus 10 % for its overhead and 15% profit shall be the change in contract price. A change order may also increase the time within which the contract is to be completed. Contractor shall promptly notify the Customer of: (a) latent physical conditions at the site differing materially from those indicated in this contract, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. Any expense incurred due to such conditions shall be paid for by Customer as added work. No extra or change order work shall be required to be performed without prior written authorization of the person contracting for the repair or construction. However, in the event that the building department or other governing body requires a change or modification then Contractor may make that change prior to receiving written authorization and thereafter negotiate the effect of that change with the Customer. 16. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 17. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 18. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 19. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 20. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 21. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 22. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 23. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 24. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 25. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 26. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. 27. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ ________________________ (Name of Contractor) (Name of Customer) By:_______________________ By:______________________ _________________________ _________________________ (P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation) _________________________ _________________________ (Signature of Officer) (Signature of Officer)