| Gold Service Agreement |
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Service Agreement
"Gold Plan"
Agreement: R.E.A.L Elevator Solutions, Inc. will provide service/maintenance on your lift as specified hereunder, beginning on the commencement date, for a period and cost at the location indicated on the cover page of this agreement. This proposal, including the provisions contained on the cover page, when accepted by you and approved by our authorized representative, shall constitute the exclusive contract between us for the services described hereunder.This contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of R.E.A.L Elevator Solutions, Inc. Repairs: R.E.A.L Elevator Solutions, Inc. will provide the labor, travel and expenses necessary to make any repairs to your lift as part of this agreement, with exception to those listed under "Exclusions" of this contract. All work is to be performed during normal business hours of Monday through Friday, 8:00am to 5:00pm, excluding holidays. Parts and Materials: R.E.A.L Elevator Solutions, Inc. will provide any replacement parts and materials required for your lift as part of this agreement, with exception to those items listed under "Exclusions" of this contract. Replacement parts will be new or refurbished to our standards. Emergency Service: Emergency callback service visits, performed during normal business hours of Monday through Friday, 8:00am to 5:00pm, excluding holidays are provided as part of this agreement. Should you request services to be rendered after normal business hours, weekends, or holidays you agree to pay a service fee, round trip travel expenses and a minimum half hour labor charge at overtime rates. After notified, R.E.A.L Elevator Solutions, Inc. will endeavor to give prompt and efficient service with restraints of weather and workload. Until we are able to respond to your request for service, you agree to remove the lift from service and take all necessary precautions to prevent access or use. Emergency telephone service is available for as long as the term of this contract. If you should have any question or malfunctions with your lift, call 1-866-550-REAL (7325), (24) hours a day, (7) days a week. We have technicians on staff that can assist you in solving problems over the phone. Preventative Maintenance: R.E.A.L Elevator Solutions, Inc. will perform preventative maintenance examinations at intervals per schedule "A" of this agreement. We will examine your lift using trained personnel directly employed and supervised by us. Examinations will include inspection, lubrication, adjustment and cleaning of parts and components in accordance with the manufacturer's recommendations. We will furnish all cleaners and lubricants (excluding hydraulic fluid) as required. Examinations are to be performed during normal business hours of Monday through Friday, 8:00am to 5:00pm, excluding holidays. Clarifications/Liability: You agree to provide us unrestricted ready access to all areas of the home in which any part of the unit is located and keep all machine rooms, shaft and pit area free from water, stored materials and excessive debris. If after a service visit is scheduled and access to the lift is denied for reasons out of our control, R.E.A.L Elevator Solutions, Inc. reserves the right to charge for travel time and expenses to and from your premises. It is also agreed that we do not assume possession or control of any part of the unit that such remains yours solely as owner, and that you are solely responsible for all requirements imposed by any federal, state or local law, ordinance or regulation. We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, labor disputes, fire, explosion, theft, floods, water, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, malicious mischief or acts of God. Under no circumstances shall we be liable for any indirect, special or consequential damage of any kind including, but not limited to, fines or penalties, loss or profits, loss of rents, loss of good will, loss of business opportunity, additional financing costs, or loss or use or any equipment or property, whether in contract, tort, including negligence, warranty or otherwise. Additionally, we will not be responsible for any injuries or damages to any persons or property except those directly due to the negligent acts or omissions of R.E.A.L Elevator Solutions, Inc. Exclusions: The following parts and repairs are not included in this agreement:
Contract Period:The terms of this contract will be as indicated on the cover page of this contract, beginning on the commencement date. Cancellation:You may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. Payment:The initial first year payment is due and payable upon acceptance. In addition to the contract price, you will also pay any tax (including but not limited to sales, use or excise tax) imposed on us or our suppliers in connection with services to be provided hereunder. You further agree to pay a charge on any payment past due at a rate of one and one-half percent (1-1/2%) per month, or the highest legally permitted rate, whichever is less, from the date such payment was due, and for all legal costs (including but not limited to attorney's fees) incurred by us to collect overdue amounts.
Schedule "A": Preventative maintenance schedule is to be as follows: Residence Elevators……. Every (6) months (approximately) Platform Lifts……….......… Every (6) months (approximately) Exterior Stair chairs………Every (6) months (approximately) Interior Stair chairs……….Once a year (approximately) Dumbwaiters………………Once a year (approximately) |
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