This agreement covers the frequency and level of service to maintain the HVAC equipment as specified in the ‘Maintenance Agreement Summary’ in line with ‘Maintenance Particulars’ and will be subject to the following conditions:
1. PROVISION OF SERVICE: All work is to be performed during Air Options Limited normal working hours (Monday to Friday 9am – 5pm). Other times will be deemed as an emergency call out and will be subject to additional man-hour costs as applicable. The customer shall reimburse Air Options Limited for additional man-hour costs incurred, based on the additional labour rates in force at the time of call out and any additional costs incurred associated with the emergency call out.
2. DURATION: Agreements shall remain in effect for a period of 12 to 36 months and shall continue from the anniversary date to the next thereafter unless thirty (30) days before termination of any yearly period, either party gives written notice to the other their intention to terminate the agreement. Upon termination, all obligations by either party to the agreement shall be deemed null and void and the agreement cancelled. Start date will be taken as Air Options counter signature date unless otherwise agreed in writing.
3. UNAUTHORISED SERVICING:
3a) Any alterations, additions, adjustment, modification or repairs to equipment covered by this agreement as specified in the Maintenance schedule by anyone other than an authorised employee or contractor appointed by Air Options Limited, shall render this agreement null and void.
3b) Any repairs, refrigerant and supplies, other than those specified in the Maintenance schedule deemed necessary and recommended by Air Options Limited for efficient system operation must be consented by written instruction by an authorised representative of the customer. Failure for providing a written instruction will result in temporary suspension of service. Additional charges may be incurred, payable by the customer.
4. PRICE VARIATION: The price quoted is based on costs of material, wages, transport, and statutory obligations at the date of tender. Air Options Limited or its appointed contractor reserves the right to modify prices according to any increases during execution of the work that may arise from increase in the foregoing costs before completion of the order.
5a) Air Options Limited’s obligations under this agreement specifically excludes the normal functions associated with the starting and stopping the equipment, such as the opening and closing of valves, dampers or regulators normally installed to protect the equipment against damage, the defrosting of evaporators, or for obtaining proper installation.
5b) Air Options Limited shall not be held liable for the operation of the equipment nor for the injuries to persons or damage to property, except those directly due to the negligent acts or omissions of our employees and in no event shall Air Options Limited be held liable for any resulting consequential direct or indirect damage or loss of business or earnings caused as a result.
5c) Air Options Limited shall not be held liable for any expenses incurred in removing, replacing or making good any part or parts of building structures necessary to ensure its obligations under this agreement are fulfilled.
5d) Air Options Limited shall not be held liable for any loss or damage as a result of delays in the provision of labour, material, or supplies caused by industrial action affecting our ability to provide such labour, materials or supplies.
5e) Air Options Limited shall not be held liable for any loss or damage as a result of undue delays in procuring materials or supplies for any cause beyond our reasonable control.
5f) Air Options Limited shall not be held liable for any consequential, direct or indirect loss or damage, loss of business or earnings as a result of improper operation of the equipment, failure to follow recommendations as noted in item 3 above, or due to damage caused by floods, lighting, fire, elements, rebellions, riots, strikes, industrial action or labour troubles, civil commotion of any kind, or for any causes beyond our reasonable control.
6. ACCEPTANCE: This agreement shall not be countermanded by the customer, which will result in rendering this agreement null and void. This agreement is subject to acceptance by Air Options Limited or its appointed contractor.
7. ENGLISH LAW: The contract shall in all respects be construed and operate as an English Contract and in conformity of English Law.
Air Options Ltd Conditions of Sale Apply