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R. M. R. ELEVATOR COMPANY INC. 1401 ROSELLE STREET LINDEN, NEW JERSEY 07036 (908) 925-9811 OR (800) 648-0017 FULL MONTHLY MAINTENANCE PROPOSAL AND CONTRACT 1. DATE: 2. CUSTOMER: 3. ADDRESS: 4. PROPOSAL: 5. PREMISES: 6. SCOPE OF WORK: R.M.R. ELEVATOR COMPANY INC., hereinafter referred to as the "COMPANY," hereby contracts with CUSTOMER, individually and as agent for COMPANY, hereinafter referred to as the "CUSTOMER," to service the following equipment: 1 - Passenger Elevator 7. TERMS: The COMPANY, under this Contract, will service the equipment specified above according to the terms and conditions set forth herein. The COMPANY will use trained men directly employed and supervised by it. 8. COVERAGE: The COMPANY will monthly examine, adjust, clean, lubricate, and furnish lubricants. When conditions warrant, we will repair or replace parts integral to your elevator equipment at no additional charge. EMERGENCY CALL BACK SERVICE IS ALSO INCLUDED. This emergency service is available 24 hours a day, seven days a week. 9. EXCLUSIONS: This Contract specifically excludes the following items of equipment: MICROPROCESSOR, PROPRIETAL EQUIPMENT AND SOFTWARE, POWER DISCONNECT SWITCHES and FEEDER to CONTROLLER, CAB, CAB FLOOR, CAB GATES/DOOR PANELS, FAN, HYDRAULIC PLUNGERS, CASING and BURIED PIPING, HOISTWAY STRUCTURE, HOISTWAY DOOR PANELS, FRAMES, SILLS and LIGHT FIXTURES INCLUDING BULBS or TUBES. THE CORRECTION OF EXISTING INSPECTION VIOLATIONS IS NOT COVERED UNDER THIS CONTRACT. 10. ABUSE: It is understood that this Contract DOES NOT cover any repairs caused by negligence, accident, Acts of God, abuse, misuse or obsolescence of the equipment or any other causes beyond the control of the COMPANY. 1. False Calls. This Contract DOES NOT cover false calls for service. Examples of false calls include, but are not limited to, the equipment running normally on arrival of the mechanic, calls made to retrieve items dropped into the hoistway or those resulting from vandalism, abuse or misuse. 2. Billing for calls. The Customer will be billed for all repair and/or service calls not covered under this Contract that are answered by the COMPANY. The amount billed will be at rates in effect at the time of the call, INCLUDING applicable traveling time and expenses. 11. FIRST REPAIR: The items listed, or parts thereof, in the schedule below show considerable wear and may have to be repaired or replaced in the near future. To provide the Customer with the maximum service from these items, the COMPANY is willing to accept them in their present condition. The Customer understands that they are responsible for the repair and/or replacement of these items when it becomes apparent or necessary to do so. Any cost associated with the repair or replacement will be borne solely by the Customer. The charges will be determined by the total cost of repairing or replacing the individual items. 12. SCHEDULE OF PARTS TO BE FIRST REPLACED: None. 13. MODIFICATIONS: This Contract DOES NOT include modernization of or modifications to any of the equipment outlined above. The COMPANY IS NOT responsible under this Contract to install new parts or attachments on the equipment other and different from those now comprising the equipment. Customer will not permit others to make alterations, additions, adjustments, repairs or replacements to the equipment being serviced hereunder. To do so will void this Contract. Requests. If modernization or modification is requested by the Customer or his authorized agent, or recommended or directed by insurance companies or government authorities, R.M.R. ELEVATOR COMPANY INC. will submit a separate proposal to the Customer detailing the scope of the work and the cost associated thereto. 14. WORK HOURS: This Contract contemplates that normal maintenance and repair work will be done during regular working hours (8:00 A.M. to 4:30 P.M.) of our regular working days (Monday through Friday). Emergency Service is available twenty four hours a day, seven days a week. 15. CUSTOMER'S RESPONSIBILITY: The price and services as outlined herein are based upon the Customer furnishing to R.M.R. ELEVATOR COMPANY INC. legible, current wiring diagrams for the equipment to be serviced. The Customer's responsibility for accidents to persons or properties while riding in, on or about the equipment is in no way negated by this Contract. Adequate liability insurance is recommended. 1. Notification. The Customer hereby accepts the responsibility for notifying the COMPANY immediately upon malfunction of the covered equipment, and to place same "out of service." 2. Access and Safety. The Customer hereby agrees to provide the COMPANY with unrestricted ready and safe access to all areas of the building in which any parts of the covered equipment are located and to keep all machine rooms and pit areas free from water, stored materials, and debris. The Customer agrees to provide a safe workplace for the COMPANY’S personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. 3. Abdication. Customer's failure to adhere to the above recommended policies will nullify COMPANY'S liability under this Contract. 16. COMPANY LIABILITY: It is understood that the COMPANY when not working in, on or about said equipment does not assume management or control thereof. 1. Nothing in this Contract shall be construed to mean that the COMPANY assumes any liability for accidents to persons or properties except those directly attributable to negligence by the COMPANY or its employees. 2. In the event of litigation, we agree, if necessary, to cooperate in the defense of lawsuits brought jointly against us. 3. The COMPANY shall not be held responsible or liable for consequential damages due to any loss, damage, detention, or delay caused by failure of the equipment to operate by reason of accidents, labor troubles, strikes, lockouts, fire, flood, acts of civil or military authorities or by any other event. 4. No work, service or liability on the part of the COMPANY other than that specifically outlined herein is included or intended. 17. INSURANCE: The COMPANY certifies that it maintains current Liability and Workmen's Compensation. 18. ENTIRE AGREEMENT: This Contract constitutes the entire Agreement between the parties for the services described and all prior representations are merged herein, whether written or verbal. 19. COMMENCEMENT: This Contract commences on the first day of the month of _________________, 2009. It is understood by and between Customer and R.M.R. ELEVATOR COMPANY INC. that this Contract shall remain in full force and effect from the date of execution until terminated as provided herein. 20. TERMINATION: If, for any reason, Customer or R.M.R. ELEVATOR COMPANY INC. deem it necessary to cancel this Contract, it may be done with thirty (30) days prior written notice. 21. NONPAYMENT: The Company reserves the right to discontinue this maintenance contract at any time, without notice, in the event that timely payments are not made. If submitted to a collection and/or an attorney, the Customer shall pay a collection cost of twenty five (25%) percent in addition to any interest and principle due, including but not limited to attorneys’ fees and costs of suit. INVOICES OUTSTANDING BEYOND THIRTY DAYS SHALL INCUR A ONE AND ONE-HALF PERCENT (1 ½%) INTEREST CHARGE, COMPOUNDED MONTHLY. INVOICES WILL BE DEEMED ACCEPTABLE UNLESS SPECIFIC WRITTEN OBJECTION IS RECEIVED BY THE COMPANY FROM THE OWNER/AGENT WITHIN SEVEN (7) DAYS FROM THE INVOICE DATE. 22. CONTRACT PRICE: The contract price for services rendered as herein stated shall be ($) DOLLARS per month , in advance. The foregoing price shall be adjusted yearly based upon increases in the cost of labor and materials. These adjustments shall be made, and become effective as of the first day of the anniversary month of each year thereafter. In addition, the Customer shall pay the appropriate amount of tax based on sales hereunder, or provide the Company with documentation of tax free status upon acceptance of this proposal. Payment terms are net 30. 23. GOVERNING LAW: This Agreement shall be governed by the internal laws of New Jersey without regard to its choice of law rules. Any litigation in connection here with shall be brought, consistent with law, in the state or federal courts of New Jersey and both parties hereby consent to such courts’ exercise of personal jurisdiction over them. The prevailing party to any such litigation shall be entitled to recover its reasonable counsel fees, interest and costs of litigation. 24. ACCEPTANCE: This proposal becomes a valid contract when executed by the Customer and R.M.R. ELEVATOR CO., INC. This contract and its parties are subject to the laws of the State of New Jersey. This proposal is valid for sixty (60) days and is subject to escalation thereafter.
By:_______________________________________________ ____________ ______________________________(print name) Date
By:_______________________________________________ ____________ Robert J. Shipley as General Manager Date for R.M.R. Elevator Company Inc. |
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WE ARE A MEMBER OF THE NATIONAL ASSOCIATION OF ELEVATOR CONTRACTORS
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