General Contract for Repair or Service of Goods

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General Contract for Repair or Service of Goods Powered By Docstoc
					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.



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       (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.




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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




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DOCUMENT INFO
Description: 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.