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This is an agreement between a service contractor and a company for the routine inspection and repair of specified goods. The agreement includes a fully customizable “Exhibit A”, which requires the user to input the type of goods that are to be maintained and repaired. Additionally, it sets forth that the contractor has a duty to routinely inspect the goods as well as clarifying which party will bear the costs of the parts and supplies. This document is ideal for small businesses or other entities that want to hire a contractor to routinely service and inspect goods.
This is an agreement between a service contractor and a company for the routine inspection and repair of specified goods. The agreement includes a fully customizable “Exhibit A”, which requires the user to input the type of goods that are to be maintained and repaired. Additionally, it sets forth that the contractor has a duty to routinely inspect the goods as well as clarifying which party will bear the costs of the parts and supplies. This document is ideal for small businesses or other entities that want to hire a contractor to routinely service and inspect goods. General Contract for Repair or Service of Goods This agreement, referred to herein as Agreement, is made on the (date), between (Name of Service Contractor) of (street address, city, state, zip code), referred to herein as Contractor, and (Name of Owner), of (street address, city, state, zip code), referred to herein as Owner. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Goods. The goods (hereinafter called the Goods) described in Exhibit A attached hereto and made a part hereof are owned by the Owner and are covered by the terms of this Agreement. 2. Duty to Maintain and Repair. Contractor agrees to keep the Goods described in Exhibit A in good order and repair throughout the term of this Agreement. 3. Duty to Inspect. (First Alternative) Contractor will be required to provide sufficient inspections of said Goods in order to ensure their good order and repair. Such inspections to be at least as frequent as the following: (e.g., monthly). (Second Alternative) Contractor will be under no obligation to inspect the Goods but only to repair same when notified by the Owner. 4. Place for Service. (First Alternative) All service and repair will be done at Contractor’s place of business located at (street address, city, state, zip code), with the Owner being obligated to deliver said Goods to Contractor for repair. (Second Alternative) All repairs and inspections will be made on the premises of the Owner where the Goods are presently being kept. If it is necessary to remove the Goods for repair, such removal will be done at the cost and expense of the Owner. 5. Time for Service. Contractor will provide services under this Contract during normal working hours of the customary work week. If emergency services are required, Contractor will provide same, but will receive additional compensation as agreed upon between the parties. 6. Price. Contractor will be paid the sum of _____________ ( $_____) Dollars per hour for services provided under this Contract. The payments will be made on the first day of the month following the time the repairs were made. 7. Parts and Supplies. (First Alternative) Contractor will be responsible for all parts that are required to properly maintain and service the Goods covered by this Contract. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 (Second Alternative) The Owner will pay the cost of all parts that are required to be replaced by Contractor in performing the services in accordance with this Agreement. 8. Improper Use. This Agreement will not obligate Contractor to repair or maintain any Goods which have been damaged due to the Owner's improper use or which have been damaged by fire, water, lightning, vandalism, or any other cause beyond the normal everyday wear and tear to which these Goods would normally be expected to be subject. 9. Term of Agreement. This Contract shall be effective beginning (date) and shall remain in effect and be binding upon the parties until terminated. Either party may terminate this Agreement at any time by giving (e.g., three days) notice in writing to the other party by certified mail. 10. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 11. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 12. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of (name of state). 13. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 14. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 15. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 16. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 17. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 20. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (Signature of Contractor) (Signature of Owner) ________________________ ________________________ (Printed Name of Contractor) (Printed Name of Owner) Attach Exhibit A © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4
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