The Agreement price is conditioned upon the system(s) covered being in a maintainable condition. If the initial inspection or initial season start-up indicates repairs are required, a firm quotation will be submitted for Customer’s approval. Should Customer not authorize the repairs, Hayes Mechanical may either remove the unacceptable system(s), component(s) or part(s) from its scope of responsibility and adjust the annual agreement price accordingly or cancel this Agreement.
Excluded from this agreement, unless otherwise stated herein, are repairs or replacement of items not normally mechanically maintainable, such as, but not limited to: electronic/solid-state controllers/microprocessors, loss of refrigerant due to piping/coil leaks (mechanical connections excluded), ductwork, boiler shell and tubes, cabinets, boiler refractory material, heat exchangers, electric heat elements, main power service, electrical disconnects, and electrical wiring, piping, tube bundles, valve bodies, coils, structural supports, storage vessels/tanks, casings, fixtures, grillage and tower fill, pump seals, shaft seals, and check valves.
This Agreement does not include responsibility for design of the system, obsolescence, safety testing, water/air balancing, duct cleaning, painting, removal and reinstallation of valve bodies and dampers, repair or replacement necessitated by freezing weather, electrical power failure, low voltage, burned-out main or branch fuses, low water pressure, water treatment provided by others, water condition, vandalism, unavailability of refrigerants, misuse or abuse of the system(s), negligence of others (including Customer), failure of Customer to properly operate the system(s), requirements of governmental, regulatory or insurance agencies, or other causes beyond control of Hayes Mechanical.
Customer shall permit Hayes Mechanical free and timely access to areas and equipment, and allow Hayes Mechanical to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during Hayes Mechanical’s normal working hours. Hayes Mechanical will not be required to move, replace or alter any part of the building structure in the performance of this Agreement. Customer will make adequate trash disposal provisions for used filters, miscellaneous maintenance materials and small parts.
Customer shall permit only Hayes Mechanical’s personnel or agent to perform the work included in the scope of this Agreement; should anyone else perform such work, Hayes Mechanical may, at its option, cancel this Agreement, eliminate the involved item of equipment from inclusion in this Agreement, or charge Customer for the related service work.
Hayes Mechanical expressly disclaims and all responsibility and liability for the indoor air quality of the Customer’s facility.
Customer shall make available to Hayes Mechanical’s personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA’s Hazard Communication Standard Regulations. Customer is responsible for containing and clearly marking any known hazardous materials on site.
Hayes Mechanical’s obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of any asbestos products, removal of oil removed from equipment, or other hazardous substances. In the event such products or substances are encountered, Hayes Mechanical’s sole obligation will be to notify the Customer of the existence of such products and materials. Hayes Mechanical shall have the right thereafter to suspend its work until such products or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.
The Agreement price is subject to adjustment annually on each commencement anniversary to reflect increases in labor, material and other costs, unless otherwise stated (e.g. price protection provided by a multi-year initial term).
Amount on this agreement is based on payment by cash, check, or electronic payment. A convenience fee of 3.75% will be added to the total if paid with a credit card.
Customer agrees to promptly pay invoices within thirty days of issue. Should a payment become sixty days or more delinquent, Hayes Mechanical may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. Customer agrees to pay interest on any sums outstanding and past due (i.e. over thirty days) at a rate of 1.5% per month.
Services provided under this Agreement involving extra work (materials or labor) will become an extra charge (fixed price amount to be negotiated, or on a time and material basis at Hayes Mechanical’s preferred Customer rates then in effect) over the sum stated in this Agreement. If a trouble call is made at Customer’s request, and inspection indicates a condition which is not covered by this agreement, Hayes Mechanical may charge Customer at the rate then in effect for such services.
In the event Hayes Mechanical must commence legal action in order to recover any amount payable under this Agreement, Customer shall pay Hayes Mechanical all court costs and attorney’s fees incurred by Hayes Mechanical. Any legal action relating to this Agreement, or the breach thereof, shall be commenced within one year from the date of work.
Hayes Mechanical shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Hayes Mechanical’s employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control.
In case of any failure to perform its obligations under a Full Service Agreement, Hayes Mechanical’s liability is limited to repair or replacement at its option, and such repair or replacement shall be Customer’s sole remedy. This warranty is conditioned upon proper operation and maintenance by Customer and shall not apply if the failure is caused or contributed to by accident, alteration, abuse or misuse, and shall not extend beyond the term of this Agreement.
Under no circumstances, whether arising in contract, tort (including negligence), equity or otherwise, will Hayes Mechanical be responsible for loss of use, loss of profit, increased operating or maintenance expenses, claims of Customer’s tenants or clients, or any special, indirect, or consequential damages.
To the fullest extent permitted by law, Customer shall indemnify and hold harmless Hayes Mechanical, its agent and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by the negligence of Hayes Mechanical.