Appliance Maintenance Agreement

APPLIANCE MAINTENANCE AGREEMENT

This Appliance Maintenance Agreement (the "Agreement") is made and entered into by and between:

RECITALS

WHEREAS, Provider is duly experienced and engaged in the business of inspection, maintenance, repair and servicing of residential and commercial household appliances, and maintains the necessary licenses, trained technicians and insurance to provide such services; and

WHEREAS, Client desires to engage Provider to perform periodic maintenance and repair services for certain appliances owned or controlled by Client, subject to the terms and conditions set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

SCOPE OF WORK

Provider shall perform routine maintenance, inspection and minor repairs for the appliances listed below and as further described in the Scope of Work. Provider's obligations are limited to the services expressly set forth in this Agreement.

Refrigerator Cooktop / Range Oven

Dishwasher Washer Dryer

PAYMENT TERMS

Client shall pay Provider for services rendered as follows.

All fees are exclusive of applicable taxes, which shall be paid by Client. Provider will invoice Client in writing for services performed and any preauthorized parts and materials.

TERM AND TERMINATION

This Agreement commences on the Effective Date and continues in effect for the Initial Term specified below, unless earlier terminated in accordance with this Agreement.

Effective Date:    Initial Term End Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within the notice period set forth above following receipt of written notice specifying the breach.

CONFIDENTIALITY

Each party shall hold in confidence all non-public business information of the other party that is designated as confidential or that by its nature should reasonably be understood to be confidential, including service records, pricing, customer lists and diagnostic reports. Confidential information shall not include information that is or becomes publicly available through no fault of the receiving party, was already rightfully in the receiving party's possession, or is rightfully received from a third party without restriction.

LIMITATION OF LIABILITY; WARRANTIES

Provider warrants that services will be performed in a workmanlike manner consistent with industry standards. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THE PRECEDING SENTENCE, PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY CLIENT TO PROVIDER UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.

INSURANCE AND COMPLIANCE

Provider shall maintain, at its expense, commercial general liability insurance and workers' compensation insurance in amounts customary for the industry, and shall provide proof of insurance upon Client's reasonable request. Provider shall perform services in compliance with applicable laws, codes and manufacturer recommendations, except where such compliance would require additional fees agreed in writing.

ACCESS, SAFETY AND SUBCONTRACTING

Client shall provide Provider reasonable access to premises and appliances at scheduled times. Provider may engage qualified subcontractors to perform portions of the work, provided Provider remains responsible for the performance of such subcontractors under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state in which the majority of services are performed, without regard to its conflict of law provisions.

ENTIRE AGREEMENT

This Agreement, together with any written appendices or schedules executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and proposals. Any modification or amendment of this Agreement must be in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be given in writing and delivered to the addresses set forth above or as otherwise designated in writing by the parties.

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