Throughout this Agreement:

The Customer shall be known as the OWNER.

Fidelity Power Systems^® shall be known as the SERVICE CONTRACTOR.

The SERVICE CONTRACTOR accepts the care of the equipment as listed herein as applicable to the accepted plan. The equipment shall be maintained in the condition that exists at the time the agreement starts. Any defective components, excessive wear, maladjustments, improper installation, improper design, service by others, improper operation, or misapplication, shall NOT be considered the responsibility of the SERVICE CONTRACTOR, other than normal Planned Maintenance. Repairs and service required restoring the equipment’s capability, reliability, design efficiency, or other shortcomings should only be repaired with authorization and invoiced at normal service rates. Acceptance of the equipment’s operating condition will automatically occur after completion of the SERVICE CONTRACTOR’S recommended repairs.

The OWNER agrees to employ the SERVICE CONTRACTOR exclusively for the service and repair work of the listed equipment and promptly notify the SERVICE CONTRACTOR of any condition of the equipment that is unusual or that may adversely affect its operation and reliability.  Any alterations, additions, adjustments, or repairs made by others, unless authorized or agreed upon by the SERVICE CONTRACTOR, will be cause to terminate or renegotiate our obligation under this agreement.  This agreement shall NOT include maintenance, repairs, service or replacements necessitated by any loss or damage resulting from any cause beyond the control of the SERVICE CONTRACTOR, including but not limited to damage or loss due to lack of water, freezing, loss or insufficient electric power or fuel source, hail, flood, windstorm, excessive rain or snow, freezing weather, lightning, earthquake, theft, fire, riots of any origin, strike, wars, misuse and negligence by person(s) other than those representing the SERVICE CONTRACTOR, vandalism, acts of government, building code requirements, insurance company requirements, unauthorized adjustments or repairs, or any other peril or act of God.  The cost of all repairs, modifications, or alterations necessitated by the above shall be the responsibility of the OWNER and payable to the SERVICE CONTRACTOR at current service rates.

All reasonable efforts shall be extended in performing the service as requested by the OWNER, but the SERVICE CONTRACTOR shall not be liable for any and all losses, or consequential damage that arises out of delays, misuse by the OWNER, his agents, or employees. Replacement and installation of equipment, components, or accessories that fail to provide satisfactory performance due to obsolescence or design conditions are not included.

The OWNER shall agree to pay the SERVICE CONTRACTOR in accordance with the terms of the selected plan.  The term of payment for all other invoices submitted by the SERVICE CONTRACTOR are net thirty (30) days.  The OWNER further agrees to pay finance charges of 1 1/2% per month for invoices not paid within 30 days of the invoice date.

When the SERVICE CONTRACTOR renders service for the OWNER, other than those services specified in the maintenance plan selected, the OWNER agrees to pay for such services at the SERVICE CONTRACTOR’S current service rates. Loss of time or productivity due to unexpected events that may restrict or limit access to the equipment, associated equipment or its components shall be invoiced at the current service rates.

This agreement shall remain in effect and continue from year to year as long as the account is current, unless canceled.  Either party may, at its option, cancel this agreement by giving the other party a thirty (30) day written notice of its intention. OWNER will be responsible for services provided if proper notification is not received within the specified time.

In no event shall the SERVICE CONTRACTOR be liable for consequential damages or losses, including but not limited to loss of profits, loss of equipment usage, loss of the use of any associated or supported equipment, high or unusual utility cost, investment cost of substitute facilities, or rental of equipment.

The SERVICE CONTRACTOR reserves the right to subcontract certain repairs, if deemed necessary in the best interest of the OWNER.  Cost of this work will be handled as a parts sale and invoiced to the OWNER in accordance with the applicable plan.  Supplies, parts or equipment placed on the OWNER’S property shall remain the property of the SERVICE CONTRACTOR until such supplies, parts or equipment are installed in the equipment listed herein by the SERVICE CONTRACTOR or purchased by the OWNER.  The SERVICE CONTRACTOR reserves the right to remove such property within a reasonable period of time, if this agreement is terminated for any reason.

The SERVICE CONTRACTOR shall not be obligated to prevent obsolescence of the equipment or parts. Performance shall not be interpreted to include installation of new equipment. The SERVICE CONTRACTOR may have the right to terminate or renegotiate this agreement without liability, if parts are not available to make the necessary repairs. If this termination right is exercised, the SERVICE CONTRACTOR must refund to the OWNER payments proportioned by the time the agreement was in effect. The SERVICE CONTRACTOR will make every reasonable effort to locate substitute parts or make modifications, if parts are not available.  Any additional expenses incurred in providing substitute parts for modifying the equipment will be the responsibility of the OWNER.  Equipment shall not be relocated, modified or reapplied without consideration or renegotiation of this agreement.

This agreement cannot be transferred or assigned without written approval of the SERVICE CONTRACTOR.

OVERTIME SERVICE

Our normal business hours are from 7:00 AM to 4:00 PM, Monday through Friday. All normal service and maintenance will be performed during these regular business hours. 

Should the OWNER require service during a time other than the above stated business hours, the OWNER shall pay the SERVICE CONTRACTOR the additional overtime portion of the normal service rates.  Normal overtime is time and a half or the normal service rate times 1.5.  Saturday 5:00 PM to Monday 2:00 AM and holidays are double time. If the selected maintenance agreement includes labor cost, then the OWNER must pay only the overtime portion of the labor.

PAYMENT TERMS

Payment terms are net 30 days. Acceptable methods of payment include check, ACH, Visa, MasterCard, and American Express. Credit card payments are subject to a convenience fee equal to 3% of the total purchase price.

INVOICING

All contracts are invoiced annually at the commencement of the contract unless specified otherwise and approved by SERVICE CONTRACTOR management. For non-contract service charges, there will be a fee of $25.00 added to all service invoices requiring submission through a portal payment system for processing.

CLARIFICATIONS

• Used oil, coolant, and filters removed from contracted equipment is recycled utilizing a third party vendor in accordance with EPA guidelines.
• Cancelled service calls will be billed a minimum of one hour.

EXCLUSIONS

• All equipment, components and supporting systems NOT specifically listed on the Equipment Covered list.
• Loss of, partial failure of or insufficient capacity of utilities such as, but not limited to, electrical service, open circuit breakers or fuses external to those listed on the equipment list, water service, fuels, fuel sources, or other building faults and malfunctions.
• External power wiring, circuit breakers, and disconnects supplying electrical service to the listed equipment.
• Refinishing, repair, replacement, cleaning, or modification of duct work louvers, cabinetry, housings, bases, mountings, foundations, supporting structures, trim or decorations.
• All emergency freight and expediting charges.
• Additional maintenance and adjustments required by the OWNER.
• The cost of providing a rental generator while the permanent generator is being repaired.
• Maintenance on a Fire Pump covers the DIESEL ENGINE ONLY.
• SERVICE CONTRACTOR is not responsible for damage to roofing as a result of leaks, equipment failure, or component failure; however, we will make every effort to protect the area while services are performed.
• OWNER will be responsible for any price increases that SERVICE CONTRACTOR incurs as a result of any tariffs and/or surcharges imposed on the equipment and materials reflected in its scope of work, including any tariffs and/or surcharges on any component parts of the equipment and materials. In the event SERVICE CONTRACTOR incurs any such tariff-related and/or surcharge-related price increases, OWNER will issue a change order to SERVICE CONTRACTOR to adjust the contract price to reflect the tariff-related and/or surcharge-related price increases.