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TERMS, CONDITIONS and LIMITATIONS

The following Terms and Conditions apply only to TIME AND MATERIAL SERVICE WORK, authorization for which is given by the Customer's signature in the block on the face hereof. Work performed under Full Service maintenance Agreements, Preventative Maintenance 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 the equipment as necessary to perform our required 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 the 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, equipment, or 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 defective, the Contractor will extend to the Customer the benefits of any warranty the Contractor has received from the manufacturer; removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates then in effect.

 

THERE ARE NO WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WORK PERFORMED HEREUNDER.

 

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 EXPNSE, CLAIMS OF CUSTOMER'S CLIENTS, OR ANY SPECIAL INDIRECT, OR CONSEQUENTIAL DAMAGES.

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