EQUIPMENTS
MAINTENANCE AGREEMENT [CD1]
Commencement
Date:
Initial
Term:
Name
of Customer:
Address:
This agreement is made and
entered effective as of the date shown above, by and between [AV Dealer] and
the customer, whose name and address is set forth above.
1.
Equipment
Schedules: This Agreement covers the
equipment listed on the Equipment Schedule. If we or the manufacturer replace equipment
that is under warranty with the same model number, the replacement equipment
will also be covered. Except for this
type of replacement, no new or additional equipment is covered by this
agreement unless it is listed on an equipment schedule.
2.
Relationship
with warranties: This Agreement isn’t a
warranty. Equipment purchased from [AV
Dealer] is covered by the manufacturer’s warranty. Replacement and repair of defective parts is
also covered by the manufacturer’s warranty.
3.
Service: For the fee set forth below, [AV Dealer] will
inspect on a regular basis, and maintain in good operating condition, the
equipment itemized on such Equipment Schedule.
Inspection and maintenance of equipment will vary by the nature of the
equipment, and is set forth on the Equipment Schedule.
4.
Fees: The fee for services to be performed under
this Agreement are:
5.
Terms
of Payment: Unless an Equipment Schedule
provides otherwise, all Customer Maintenance Agreements are to be prepaid for
each maintenance period.
6.
Limited/Warranty:
a.
We
will re-perform any maintenance service that proves defective during the term
of this agreement. If we cannot provide
any maintenance service due to our fault, we will refund that portion of your
fee.
b.
Any
materials provided during maintenance services are covered by that materials
specific warranty. This agreement does
not warrant any materials.
c.
THE
WARRANTY SET FORTH IN 6 (a) CONSTITUTES THE SOLE LIABILITY OF [AV DEALER] AND
THE SOLE REMEDY OF THE CUSTOMER FOR DEFECTIVE WORKMANSHIP, WETHER ARISING UNDER
CONTRACT, TORT, STRICT LIABILITY OR OTHER FORM OF ACTION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE EXCLUDED HEREFROM.
7.
Term: The term of this Agreement shall be for the
initial term set forth above starting on the Commencement date. This Agreement shall automatically renew for
additional terms of one (1) year each unless either You or We gives notice of
cancellation in writing to the other at least thirty (30) days prior to the
expiration of the then current term. In
the event of any such renewal period, the maintenance fees You will pay during
such period shall be as set forth above.
8.
Exclusions: Except as otherwise set forth in the
Equipment Schedule, the services to be provided for a quarterly service fee do
not include:
a.
Service
required as a result of abuse, misuse, electrical storms, power failures or
fluctuations, glass breakage or damage, failure to follow user maintenance and
operating instructions, or the failure or results of failure of interconnected
equipment not specified on an Equipment Schedule, including, but not limited
to, wiring, conduit, or voice or data transmission equipment or facilities;
b.
Consumable
items including, but not limited to, light bulbs, batteries, video
cassettes
or…………………………………
c.
Services
required because of service, inspection, or tampering with equipment by anyone
other than [AV Dealer].
d.
Requested
service outside our normal hours of operation.
If [AV Dealer] determines
that the service requested by the Customer is excluded pursuant to the above,
and the Customer requests [AV Dealer] to perform such service, the service will
be provided under section 10.
9.
Parts: Unless an Equipment Schedule indicates that
parts are included, You will pay [AV Dealer] then current list price for any
replacement parts necessary for the performance of service on equipment.
10.
Other
Services: You may from time to time
request that [AV Dealer] provide other services not included in the service
plan for equipment described on a specific Equipment Schedule, or for which no
Equipment Schedule has been completed.
[AV Dealer] will use reasonable efforts to provide such service at 90%
of its then current and standard hourly rates.
11.
Termination:
a.
The
fees listed above are non-refundable, even if you decide to cancel maintenance
appointments.
b.
If
you fail to make any payment in a timely manner, We will give you written
notice, and if you still do not pay, for an additional 10 days after that
notice, We can terminate this agreement.
12. General:
a.
This
Agreement and Equipment Schedule(s) constitute the entire agreement between the
parties concerning any service provided by [AV Dealer] to the Customer, and no
representation, inducement, promises or agreements not embodied herein shall be
of any force or effect.
b.
This
Agreement shall be governed by and interpreted in accordance with the laws of
__________________________, applicable to contract to be performed wholly
within such province by resident thereof.
c.
CUSTOMER
ACKNOWLEDGES HAVING READ AND
UNDERSTOOD
ALL PAGES OF THIS AGREEMENT.
[AV Dealer] (Customer)
___________________ ______________________
EQUIPMENT
SCHEDULE:
NOTES:
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