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This service agreement is a legally binding contract between the Servicer and the Customer for the provision of plumbing services. The agreement outlines the obligations and responsibilities of both parties, ensuring that the services are carried out in a professional and diligent manner.
The agreement begins with an interpretation section, defining key terms and providing general provisions. It includes definitions for terms such as 'agreement', 'services', and 'completion date'. The agreement also clarifies that the Servicer is an independent contractor and not an employee of the Customer.
The Servicer's obligations are outlined in detail in Section 2. The Servicer agrees to provide the plumbing services at the Customer's premises and obtain all necessary licenses and permits. They are responsible for preparing a list of materials and fixtures required for the services and ensuring a clean and tidy work environment. The Servicer must also comply with all applicable laws and regulations and follow any instructions or variations issued by the Customer.
Section 3 focuses on the completion of the work. It emphasizes that time is of the essence, and the services should be completed by the agreed-upon completion date. If there are any delays, the Customer may grant an extension, but if the services are not completed by the completion date, the Customer is entitled to liquidated damages.
The agreement also covers service fees, payment terms, warranties, and indemnities. The Customer agrees to pay the Servicer a service fee for the services rendered, and the Servicer must invoice the Customer in a timely manner. The Servicer is responsible for any expenses incurred during the provision of services and must keep accurate records. The agreement includes provisions for warranties, indemnities, licenses, and insurance.
The agreement can be terminated by either party under certain circumstances, such as non-compliance with obligations or bankruptcy. It also addresses ownership of materials, confidentiality of information, and announcements/publicity. The agreement can be amended with written consent from both parties, and any variation does not affect the validity of other provisions.
The agreement includes provisions for arbitration, proper law, notices, and service. It clarifies that no third party has rights under the contract. The agreement can be executed in counterparts, and each counterpart is considered an original document.
Overall, this service agreement provides a comprehensive framework for the provision of plumbing services, ensuring that both parties understand their rights and obligations.
To use this service agreement effectively, follow these steps:
1. Provide information: Enter the Servicer's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Understand the interpretation section: Familiarize yourself with the definitions and general provisions of the agreement. This will help you understand the terms used throughout the document.
3. Review the Servicer's obligations: Read Section 2 carefully to understand the specific obligations of the Servicer. Pay attention to requirements such as obtaining licenses, preparing a list of materials, and maintaining a clean work environment.
4. Ensure timely completion: Note the importance of completing the services by the agreed-upon completion date. If there are any delays, communicate with the Customer and seek an extension if necessary.
5. Manage service fees and payments: Follow the payment schedule outlined in Section 4. Invoice the Customer in a timely manner and keep accurate records of any expenses incurred. Notify the Customer of any disputes regarding invoices.
6. Understand warranties and indemnities: Familiarize yourself with the provisions related to warranties and indemnities in Section 5. Take necessary steps to rectify any defects in the services and maintain appropriate insurance coverage.
7. Obtain necessary licenses and approvals: Ensure compliance with all applicable laws and regulations by obtaining the required licenses and approvals for providing plumbing services.
8. Maintain confidentiality: Keep any confidential information obtained during the provision of services confidential and return it to the Customer upon termination of the agreement.
9. Monitor performance: The Customer reserves the right to monitor the Servicer's performance. Cooperate with any reasonable monitoring efforts.
10. Termination and ownership: Understand the conditions under which the agreement can be terminated and the consequences of termination. Return any materials belonging to the Customer.
11. Seek legal advice if needed: If you have any questions or concerns about the agreement, consult with a legal professional to ensure compliance and understanding.
By following these steps, you can effectively use this service agreement to establish a clear understanding between the Servicer and the Customer and ensure the successful provision of plumbing services.