R. M. R. ELEVATOR
1401 ROSELLE STREET
LINDEN, NEW JERSEY
(908) 925-9811 OR
FULL MONTHLY MAINTENANCE PROPOSAL AND
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
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
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
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
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
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
Robert J. Shipley as
for R.M.R. Elevator Company Inc.