THIS CONTRACT is made and entered into on ("Date"), by and between Evtech (the "Service Company"), whose address is 4751 Pinemore, Lake Worth, Florida 33463 and (the "Customer"), whose address is (address).
WHEREAS Service Company is a company engaged in the business of servicing and maintaining residential and commercial properties and is willing to provide such services to Customer as per the terms herein.
WHEREAS Customer desires to have the Service Company furnish maintenance on the following:
(To Be Determined)
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows.
1. Maintenance Services.
Service Company shall maintain and service the following list of equipment (the "Equipment"):
and keep the Equipment in good working order. Service Company shall provide scheduled preventive maintenance during regular business with the schedule to be based on the specific needs of the Equipment as determined by Service Company. In addition, Service Company shall provide unscheduled remedial maintenance ("on-call service") as and when needed. Both scheduled and unscheduled service maintenance shall include the following as deemed necessary by Service Company.
Regular services included in contract price:
Additional services and other charges:
2. Excluded Services
Unless authorized in writing by the Customer, the Service Company shall not be required to make any of the following:
Other safety tests or installations, whether or not recommended or directed by governmental authorities or by insurance companies.
Any replacements with parts of a different design.
Repairs or renewals caused by negligence or misuse of the equipment or any other factor except ordinary wear and tear.
If the services described in this provision are authorized by the Customer, and if the Service Company agrees to perform them, an additional reasonable charge will be made for the service.
3. Trained Employees
Trained personnel directly employed and supervised by the Service Company will perform all services required by the terms of this Contract. The Service Company agrees that each of its employees will be properly qualified and will use reasonable care in the performance of his or her duties.
4. Working Hours
(a) The services required of the Service Company under this Contract, including emergency service, shall be performed during the regular working hours of its regular working days, consisting of 9:00Am to 5:00 pm, 5 days, except as provided in (b) immediately below.
(b) If the Customer requests that the Service Company perform any of its services at times other than during its regular working hours, then for the services performed outside the regular working hours ("overtime hours"), the Customer shall be charged at $150.00 per hour as adjusted periodically to compensate for changes in the cost of labor.
5. Contract Price
(a) The Customer shall pay the Service Company at the rate of $TBD monthly for the regular services to be performed under this Contract.
(b) The amount specified in (a) above shall be adjusted annually to reflect any changes in the Service Company's cost of labor. 5 percentage of the contract price shall be increased or decreased on each anniversary of the commencement date of service under this Contract with the percentage of increase or decrease in the straight-time hourly cost (which means the straight-time hourly labor rate, including fringe benefits) for the month within which the anniversary of the commencement of service under this Contract falls as compared with the straight-time hourly cost for the month within which the commencement date of service under this Contract falls.
(c) The amount specified in (a) above shall be adjusted annually to reflect any changes in the costs of the parts, equipment, and materials supplied by the Service Company under this Contract. 5 percentage of the contract price shall be increased or decreased on each anniversary of the commencement date of service under this Contract by the percentage of increase or decrease in the costs of the parts, equipment, and materials.(d) Amounts due to Service Company will be billed to Customer on a monthly basis and will be due and payable within 5 days thereafter.
6. Term of Contract
The term of this Contract shall commence on ("Date")and shall continue in full force and effect until it is terminated. Either party, by giving 60 days' written notice to the other party, may terminate this Contract either at the completion of the first year of service under this Contract or at the end of any subsequent year. In any event, this Contract shall be in effect for a minimum of 1 year.
7. Miscellaneous Provisions
(a) Applicable Law: This Contract shall be construed under and in accordance with the laws of the Florida, and all obligations of the parties created under this Contract are performable in palm beach and Broward & Palm Beach County, Florida.
(b) Parties Bound: This Contract shall be binding on and inure to the benefit of the parties to this Contract and their respective heirs, executors, administrators, legal representatives, successors and assigns as permitted by this Contract.
(c) Legal Construction: In the event any one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision. This Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.
(d) Prior Contracts Superseded: This Contract constitutes the sole and only Contract of the parties and supersedes any prior understandings or written or oral Contracts between the parties respecting the subject matter of this Contract.
(e) Amendments. This Contract may be amended by the parties only by a written Contract.
(f) Attorneys' Fees: If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.
This Contract shall be signed on behalf of Evtech by its President, and on behalf of ("Customer").