Mechanical, electronic, and control system repair of industrial equipment
Equipment:
Industrial equipment, including KRB, MEP, Schnell and Gensco type equipment
Project:
A specific project or job assigned to the Service Provider by the Customer
II. Service Provider's Obligations
Scope of Services:
1.1The Service Provider agrees to provide the following services:
1.2Diagnostic and troubleshooting of equipment malfunctions
1.3Repair and maintenance of equipment to manufacturer's specifications or higher
1.4Testing and inspection of equipment before and after repair
Performance Standards:
1.1Service Provider shall perform the services with reasonable care and diligence
1.2Service Provider shall ensure that all work is performed in accordance with relevant industry standards and manufacturer's guidelines
Availability:
1.1Service Provider shall maintain a reasonable availability of personnel and equipment to perform the services
III. Customer's Obligations
Acceptance of Services:
1.1The Customer acknowledges that they have inspected and tested the equipment and accepts the Service Provider's work as satisfactory
1.2The Customer agrees to pay for all services and materials provided
Payment Terms:
1.1The Customer shall pay the Service Provider's fees and charges as specified in the Service Provider's invoice
1.2The Customer shall pay all taxes and fees associated with the services
1.3The Customer acknowledges that they are aware of and shall comply with all applicable Texas laws and regulations, including but not limited to, the Texas Property Code, Title 4, Chapter 28.
Confidentiality and Intellectual Property:
1.1The Customer agrees to keep confidential all information and data obtained from the Service Provider
1.2The Customer grants the Service Provider a non-exclusive license to use any intellectual property created during the performance of the services
IV. Term and Termination
Term of Agreement:
1.1Any agreement shall commence on the finished invoice date and terminate no more than 6 months later unless terminated earlier in accordance with this clause
Termination Clauses:
1.1Either party may terminate this agreement upon 14 days' written notice
1.2Upon termination, the Service Provider shall return all customer property and equipment
V. Liability and Indemnification
Liability:
1.1The Service Provider shall not be liable for any indirect, special, or consequential damages
1.2The Service Provider shall not be liable for any losses or damages caused by third-party vendors or suppliers
Indemnification:
1.1The Customer agrees to hold the Service Provider harmless for any losses or damages caused by the Customer's actions or omissions
VI. Warranty and Representations
Warranty of Services:
1.1The Service Provider warrants that the services shall be performed with reasonable care and diligence
1.2The Service Provider grants the Customer a 6-month warranty for the services
Representations:
1.1The Service Provider represents that it has the necessary licenses, permits, and qualifications to perform the services
VII. Dispute Resolution
Dispute Resolution Clauses:
1.1Any disputes arising from this agreement shall be resolved through mediation or arbitration
1.2The parties agree to be bound by the decision of the mediator or arbitrator
VIII. Governing Law and Jurisdiction
Governing Law:
1.1This agreement shall be governed by the laws of Texas
Jurisdiction:
1.1Any disputes or claims arising from this agreement shall be resolved in the State of Texas, Bastrop County courts
IX. Miscellaneous
Entire Agreement:
1.1This agreement constitutes the entire agreement between the parties and supersedes all prior agreements
Amendments:
1.1This agreement may be amended by a written agreement signed by both parties
Assignability:
1.1This agreement may not be assigned by the Customer without the Service Provider's prior written consent