Air Conditioning Preventative Maintenance

Conditions of Service Agreement

1. This agreement shall be automatically renewed for successive similar periods on the same terms and conditions contained herein, provided, however, that either party may terminate this agreement at any time by giving 30 days written notice to the other party.  If a prepayment has been made a pro rata refund will apply.


2. Failure to make payments when due shall relieve Fallon Services of the obligation of further performing this agreement.


3. This agreement provides for the service and maintenance of the equipment specified herein.  No responsibility is assumed for servicing or maintaining portions of the equipment to which modifications, alterations, or additions are made.  This agreement does not include any labour, material, replacement parts, or refrigerant involved in the repair of the system of any part thereof.  In the event of conditions necessitating repairs, replacement of parts, or refrigerant, the owner will be advised of the conditions existing and no expense will be incurred by the owner under these conditions without the approval of the owner or owner's agent.


4. Payments under this agreement are subject to review and adjustment by Fallon Services annually.  All other payments specified herein, are firm for 90 days from the commencement date stated, and are thereafter subject to adjustment from time to time by Fallon Services in accordance with their charging rates applicable at the particular time.


5. It is understood that Fallon Services will use all care in performing the above service, but shall not be liable for failure to discover conditions necessitating repairs or replacement, nor shall any inspection be construed as an approval or guarantee of the condition of the equipment.  In no event shall any claim for consequential damages be made by either party.
6. This agreement does not cover damages resulting from any failures, defects or voltage variations which may occur in the electrical service in the building or failures in either water supply or drain systems, or damages resulting from Acts of God or any other cause beyond the control of Fallon Services.


7. This agreement, its price and performance, are all subject to delays or inability to perform caused by or resulting from scarcity of labour or materials, strikes, either on the work done on this contract, or other work affecting the same directly or indirectly, lockouts, accidents, fire, flood, breakdowns, war, riot, rebellion, lack of material, delays of transportation, acts of Government agency, judicial authority, Acts of God or any other cause beyond the control of Fallon Services.


8. Fallon Services shall not be required to furbish at their expense any items of equipment as may be recommended or required by Insurance Companies, Government, State, Municipal or other authorities.


9. Revisions in the terms of this agreement may be made at any time by the mutual written consent of both parties.