The following Terms and Conditions apply to SPOT SERVICE WORK, authorization for which is given by the Customer’s signature. Work performed under Guaranteed Professional Maintenance Agreements, Guaranteed Lifetime Protection Agreements, Customized Professional Maintenance Agreements, Linc Service Building Analysis Agreements, Fixed-Price Agreements and/or Time and Material Agreements shall be governed by the Terms and Conditions contained in the agreement executed by the Contractor and the Customer.
Customer will provide reasonable means of access to the equipment and allow Contractor to start and stop equipment as necessary to perform services.
Customer agrees to pay for all services rendered and materials or parts supplied at the current rates and prices in effect at the time services are performed. Payment is due upon receipt of invoice.
Services are being performed as required by the Customer and it is specifically understood that the Contractor has not had a previous opportunity to inspect the totality of the system, the equipment, or the maintenance records, and that the work must be done immediately.
Contractor does not warrant the work performed against failures or against defects in the materials or workmanship provided. However, if any replacement part or item of equipment installed by the Contractor proves to be defective, the Contractor will extend to the Customer, the benefits of any warranty the Contractor has received from the manufacturer; removal and reinstallation of equipment or materials repaired or replaced under a manufacturer’s warranty will be at the Customer’s expense and at the rates then in effect.
Any legal action against Contractor relating to this Agreement, or breach thereof, shall be commenced within one (1) year from the date of work.
In the event Contractor must commence legal action in order to enforce its rights under this Agreement, Customer shall pay Contractor all court costs and attorney fees incurred by the Contractor.
THERE ARE NO WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, IN THE CONNECTION WITH THE WORK PERFORMED HEREUNDER; AND SOLE AND EXCLUSIVE REMEDY OF THE CUSTOMER FOR FAILURES OR DEFECTS IN THE WORK PERFORMED IS TO HAVE THE WORK REDONE AT THE CUSTOMER’S EXPENSE.
UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR DAMAGES ARISING FROM LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSE, CLAIMS OF CUSTOMER’S CLIENTS, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.
Contractor’s obligation under this service agreement and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous material, or any fungus(es) or spore(s); substance, vapor or gas produced by or arising out of any fungus(es) or spore(s); or any material, product, building component, or structure that contains, harbors, nurtures, or acts as a medium for any fungus(es) or spore(s). In the event such substances, wastes or materials are encountered, Contractor’s sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.
Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the Customer’s facility, including without limitation, injury or illness to occupants of the facility or third parties, or any damage to the Customer’s facility, arising out of or in connection with the Contractor’s work under this agreement, including without limitation any illness, injury, or damage resulting in any manner from any fungus(es) or spore(s), any substance, vapor or gas produced or arising out of any fungus(es) or spore(s), or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s).