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Preventive Maintenance <br />Terms and Conditions: <br />1. Customer agrees to promptly notify us of any unusual conditions of the subject equipment. <br />2. Customer agrees not to move or relocate equipment from location listed on page I without written consent of Southern <br />Califomia Trane Service ("the Company"). In the event customer fails to obtain such consent, the Company, at its option, <br />may cancel this entire agreement or refuse to service the equipment so moved or relocated. <br />3. Customer agrees to permit our personnel the use of common building maintenance tools, such as ladders, etc. <br />4. If the equipment requires the use of water, either recirculated or otherwise, the water thus used may be contaminated, or <br />cause corrosion. As neither the extent or nature of such contamination or corrosion can be predicted in advance, the <br />customer hereby releases the Company from any liability on account of such contamination or corrosion. The use of water <br />treatment where applicable is strongly recommended to inhibit contamination and corrosion, but is not a part of this <br />agreement unless under supplementary service. <br />5. This contract shall not be valid unless duly executed by an -officer or authorized representative of the Company, <br />6. The customer cannot assign or transfer this contract without the prior written consent of the Company. <br />7, The Company, at its option, may terminate this agreement if any unauthorized changes, adjustments or repairs are made by - <br />others. ` <br />S. The Company has the sole option of eliminating from thmcontract at any time, any piece of equipment it finds to.be <br />economically unsound for further service or repairs. <br />9. The Company shall not be required to furnish any equipment, labor, or special tests as recohimended or required.by <br />insurance companies or government authorities. <br />10. Calls resulting from failure to operate the systems in accordance with recommended procedures are not included and shall <br />be paid for in accordance with br normal rate schedule. <br />11. This agreement applies to the equipment enumerated on the equipment list and not to fixtures in which they are contained. <br />This agreement does not include.repairs made necessary as a result of fire, water, accident, corrosion, negligence, acts of <br />God, labor disputes, freeze -ups of any kind, Repairs or replacements caused by negligence arc not covered. If repairs or <br />adjustments require any alterations or additions to structure or property, the customer will obtain written consent of <br />building owners prior to the performance of such work.. .. <br />12. The Company shall not be liable for any loss, damage, contingent liability or consequential damage due to non -operation <br />of equipment or damage to property or personal injury caused by equipment. - - <br />13. Excluded from service and maintenance are the following: Water supply and drain beyond the subject equipment proper, <br />electrical service beyond the subject equipment, disconnect switch (control wiring excepted), moving or relocating the <br />subject equipment, repair due t freezing, recording or portable instruments, gauges or thermometers, cleaning of water <br />towers, cleaning of tubes on more than annual basis. <br />14. The Company shall not be responsible for any delay or failure to render the services or to make delivery of any <br />merchandise as set forth herein due to federal, State, or Municipal actions or regulations, strikes or other labor troubles, <br />fines, embargos, accidents, war, or any other causes or circumstances beyond the control of the Company.. Upon removal <br />of the cause of such failure or interruption, performance shall be resumed pursuant to the terms as set forth herein. <br />15. Charges are due and payable Net 30 days from receipt of invoice, The customer agrees to make payments when due until <br />the contact price is paid. At the option of the Company, no service shall 'be rendered to any subscriber in default of <br />payments. <br />16. Should a dispute arise relating to this agreement, it shall be decided under rules of the American Arbitration Association. . <br />The arbitration shall occur in Los Angeles County, California and the prevailing party shall, in addition to any award, be <br />entitled to attorney's fees and costs. <br />17. This contract shall be governed by and construed under laws of the State of California. <br />18. This Agreement contains the entire agreement between the parties and supersedes any other oral or written agreement. <br />This Agreement may only be changed in writing, signed by the parties. <br />19. Customer to provide adequate water treatment to protect the tubes, tube sheets, water boxes and equipment water side <br />from scale and fouling. SCTS is not responsible for scale, corrosion, tube fouling or tube or equipment damage caused by <br />or from water side related conditions or failures. <br />20. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. - Any questions <br />concerning a contractor may be referred to: <br />Registrar, Contractor's State License Board <br />P. 0. Box 26000 <br />Sacramento, CA 95826 <br />Our Contractor's license number is 541821 <br />