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<br /> Terms and Conditions
<br />1. Unless otherwise stated in this Agreement, the services contemplated will be provided only during Kraft Mechanical, LLC norma l working
<br />hours; Monday through Friday, excluding holidays.
<br />2. Client will provide Kraft Mechanical, LLC reasonable access to the area and equipment being serviced. Kraft Mechanical, LLC i s not
<br />responsible for any costs relating to the removal, replacement or resurfacing of the building necessitated for access to the equipment being
<br />services.
<br />3. Client will permit Kraft Mechanical, LLC to operate the equipment if necessary to perform the services contemplated by this A greement.
<br />4. If Kraft Mechanical, LLC performs services not required by this Agreement with the authorization of the client, the client ag rees to timely pay
<br />Kraft Mechanical, LLC its prevailing rated for such service upon receipt to Kraft Mechanical, LLC itemized invoice(s).
<br />5. If the client requests emergency service, and after Kraft Mechanical, LLC inspection, Kraft Mechanical, LLC determines that t here was no
<br />equipment malfunction or that the malfunction is not one covered by this Agreement, the client agrees to timely pay Kraft Mec hanical, LLC its
<br />prevailing rate for that emergency service upon receipt of Kraft Mechanical, LLC invoice(s).
<br />6. This Agreement is for a term of one (1) year commencing on the date specified and shall continue from year to year thereafter
<br />unless terminated in accordance herewith. Either part may terminate this Agreement upon written notice to the other given at least thirty (30)
<br />days prior to he anniversary date. Kraft Mechanical, LLC may adjust its price for services rendered pursuant to this Agreemen t on each
<br />anniversary date to reflect changes in its labor or material costs.
<br />7. As part of this Agreement, Kraft Mechanical, LLC is not required to make safety tests, install new devices, or equipment supp liers,
<br />governmental authorities or otherwise.
<br />8. As part of this Agreement, Kraft Mechanical, LLC is not required to repair or to replace equipment damaged by the negligence abuse or
<br />misuse by others or for any other cause beyond Kraft Mechanical, LLC control except normal wear and tear incident to the equi pment’s use.
<br />9. It is a condition precedent to Kraft Mechanical, LLC obligation under this Agreement that the equipment be in satisfactory wo rking condition.
<br />As part of its initial inspection or seasonal start up. Kraft Mechanical, LLC will provide the client with a cost estimate to repair or replace
<br />equipment not is satisfactory working condition. Should the client not authorize Kraft Mechanical, LLC to make the repairs or replace the
<br />equipment within thirty (30) days client not authorize client’s receipt of the written estimate, the equipment identified in that estimate will be
<br />eliminated from coverage and the Agreement price will be adjusted.
<br />10. The client shall pay all sales, use, occupancy, excise, or related tax due on any service or material covered by the Agreemen t.
<br />11. Kraft Mechanical, LLC may eliminate from the coverage of this Agreement any equipment that is altered, modified or changed by someone
<br />other than a Kraft Mechanical, LLC representative. The agreement price will be adjusted accordingly.
<br />12. This Agreement only applies to the equipment or systems specifically identified herein. Kraft Mechanical, LLC is not responsi ble for the repair
<br />or replacement of ductwork, boiler shell and tubes, unit cabinets, boiler refractory material, electrical wiring, hydronic an d pneumatic piping,
<br />structural supports, casings or any other item not normally mechanically maintainable. Kraft Mechanical, LLC is not responsib le for any delay,
<br />loss or damage caused in whole in part by the unavailability of machinery, equipment, or materials; delay of carriers, strike s, lockouts, or other
<br />labor unrest; riots, wars, or other civil unrest; acts of God, fire, theft or malicious acts; corrosion, normal wear and tear or any cause beyond
<br />Kraft Mechanical, LLC control.
<br />13. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT TORT (INCLUDING NEGLIGENCE) EQUITY OR OTHERWISE,
<br />WILL KRAFT Mechanical, LLC. BE LIABLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENNANCE
<br />EXPENSES, CLAIMS OF CLIENTS’ TENANTS OR CUSTOMERS, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
<br />DAMAGES.
<br />14. KRAFT Mechanical, LLC MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE LABOR AND
<br />EQUIPMENT IT SUPPLIES HEREUNDER.
<br />15. If required by the Contract, Kraft Mechanical, LLC will provide commercial general liability insurance to the fullest extent of its current
<br />insurance coverage by naming ________________ as an additional named insured. Kraft Mechanical, LLC does not assume any insur ance
<br />obligations beyond that afforded by its current insurance policy.
<br />This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota
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