Opening of Proposals - HVAC Preventative Maintenance Plan for VPA - Herrman & Goetz, Inc.

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SErVvc55 SPECIAL CONDITIONS 1. This agreement applies only to equipment installed prior to effective date of this agreement as described on attachment(s). Normal working hours (7:00 am to 3:30 pm) will apply to all services unless otherwise stated. This agreement assumes the systems covered to be in maintainable condition. If repairs are found to be necessary upon initial inspection or initial seasonal start-up, then repair charges will be submitted for approval. Should these restoration charges be declined, those non - maintainable items will be eliminated from the program and the agreement price adjusted accordingly. It is agreed that the customer will provide reasonable means of access to all equipment that is to be maintained. H&G Services shall be free to start and stop all primary equipment incidental to the operation of the mechanical system. 4. It is agreed that the contract price may be adjusted yearly; such adjustments shall be consistent with current labor rates and material costs. Either party may terminate this agreement at any time by giving (30) day written notice. Upon cancellation of contract, H&G Services will compute a final invoice. This final invoice will be a prorated value based upon current costs to date and original contract margins. 5. If the system is modified, changed, or altered or if any equipment is added or if the system is removed within the premises or to other premises, then this agreement is immediately terminated at our option. 6. H&G Services shall not, under any circumstances, be held liable for injury to persons or damage to property unless such injury or damage is caused by a negligent act of omission or commission by H&G Services' agent, employees, or subcontractors. H&G Services and the customer assume the non-occurrence of the following contingencies which, without limitation, might render performance by H&G Services impractical: strikes, fires, wars, late or non -delivery by suppliers of H & G Services, and all other contingencies beyond the reasonable control of H&G Services. Under no circumstances shall H&G Services be liable for any special or consequential damages whether based upon lost goodwill, lost resale profits, work stoppage, impairment of other goods or otherwise and whether arising out of breach of warranty, breach of contract, negligence, or otherwise, except only in the case of personal injury where applicable law requires such liability.