WHEREBY IT IS AGREED as follows: –
- This agreement shall be for an initial term of TWELVE (12) months and shall continue thereafter for a further period of TWELVE (12) months on the same charges and terms unless terminated in accordance with the provisions of this Agreement.
- The Contractor creates an overview of all the company’s air conditioners with installation location, brand, BTU and serial number (hereinafter called “The Equipment”), This overview (Appendix I) will be continuously updated by The Contractor after each service during the term of this agreement in order to have at all times the current status of service. In the future, all air conditioners will have a QR code provided by The Company for clear identification.
- During the term of this agreement, the Contractor will provide the following services (hereinafter referred to as “The Services”) from its Mombasa branch office to The Equipment installed at the Company’s premises: –
- Carry out the service on The Equipment every three (3) months during the term hereof and also carry out the following labor operations comprehensively including but not limited to the following:
- Check compressor and drive motor
- Check refrigeration charge and piping for leakage
- Check condenser fan motor, evaporator and control valves
Check all remote controls, electrical controls and running current
Clean air-cooled condensers, cleaning of superheat and starters
Check power surge protector
General cleaning of equipment
- Recharge of refrigerant (gas) as and when required
Thermostat and switch repairs / replacement if necessary
- Repairs and, if necessary, replacement of piping and insulation
- Minor electrical and mechanical faults Clean of evaporator coil and filter
Check the operating environment for any signs of changes that may affect the smooth operation of the equipment. Caution — changes in equipment, tools, and stationary positions on the layout that may be affected in case of water leaks (due to blockages in drainage) and/or units icing due to refrigerant gas leaks; Check and clean indoor unit filters; replace as necessary; Check and clean the evaporator; comb the evaporator fins; Check and clean the condensers; comb the fins; • Check and confirm condition of refrigerant copper piping;
- Check and confirm state of Armaflex insulation;
Pressure test, check and correct refrigerant gas leaks:
Check and correct icing signs or indications;
Advise and gas charge units as necessary;
Check, correct or replace as necessary electrical controls and connections including overload;
- Relays, control circuit boards, sockets. plugs, cables, power surge protectors, etc.;
Check and confirm compressor functioning as required or otherwise;
- Check and confirm condenser fan are functioning okay or otherwise;
- Check and confirm evaporator fan are functioning okay or otherwise;
Check condensate/water drainage systems;
- Check and rectify condensate water leaks; and
Check condensate pumps for ceiling cassette units.
- Maintenance contract general conditions
- The working hours of the Contractor shall be 8.15am to 5.00pm from Monday to Friday except public holidays. Where necessary to work outside these normal operation hours, The Contractor will seek authority from The Company in writing. The Contractor will inform The Company ahead of any scheduled visit with work plan so as to avail access.
- This agreement only provides for general preventive maintenance servicing. Before replacement of major spare parts, (e.g., refrigerant gas, compressor, Armaflex, copper pipes, oil compressor, PCB cards, AVS power guard, Electrical Switches, Remote controls, Capacitors) on need basis The Contractor has to consult The Company with a quote for the parts. The Company will either approve and issue a LPO to The Contractor or issue the parts from the maintenance store. Relocation of equipment are exclusive of this agreement and will be charged separately.
Reasonable access will be provided to facilitate the supply and removal of bulk items.
- All warranties and guarantees will be null and void in the event of abuse or misuse of the equipment
- During routine servicing, The Company will be expected to make available the personnel responsible for the operation of the equipment to ensure correct operation of the equipment and correct diagnostic assistance in the event of a fault.
- Drawings and instruction manuals must be retained on site (if any new installation is being done)
|5. It shall be The Company’s responsibility to report immediately to The Contractor any unsatisfactory operation or The Equipment and [he decision of The Contractor shall be made in consultation with The Company and agreed as to the means and method to be employed for any corrective work to be affected.
6. The Constrictor shall, provided that The Contractor shall have provided notice to The Company within three (3) days or occurrence of such event, not be responsible for failure as a result of any matter beyond its control to provide The Service or to supply any materials provided under the terms and conditions of this agreement including but not without prejudice to the generality of the foregoing failure as a result of shipping or transport delays. strikes, lockouts, war, civil strike, Act of God or any other force majeure nor shall The Contractor be liable under any circumstances for any consequential losses, damages, law suits or expenses arising from failure of The Equipment.
7, The Company shall pay The Contractor the charges of service, as provided in the Appendix Il hereto attached for the number of units done.
8. Any notice required to be given under this Agreement shall be deemed to have been duly given if sent by email, registered postage to or if left at the registered office of the party receiving such notice.
9. Any additions or alterations to the terms of this agreement shall be valid only if such additions or alterations annexed hereto signed by persons duly authorized in that behalf by each of the parties and dated.
10. This agreement shall be terminated by; –
a. Either party giving 30 days’ notice in writing
b. Either party in the event the other party fails to perform or breaches any or all of the terms, covenants which are the responsibility of such other party provided however that such termination shall not be effective until the lapse of thirty (30) days after receipt of any express notice of such failure or breach and the notified party shall have failed or refused to remedy or commence good faith efforts to remedy such failure or breach.
c. The terms of this agreement automatically become null and void if The Company has defaulted on any payments due to The Contractor.
d. In the event of a force majeure circumstance. A force majeure circumstance shall be a circumstance beyond the control of either party such as war, flood, lockouts or trade disputes which shall render execution of the contract extra-ordinarily difficult. Neither party shall be liable or deemed to be in default for any delay or failure in performance of its obligations due to a force majeure circumstance.
I l. The Contractor shall train up to five (5) staff of The Company on how to handle and work on the units, they can also be working with The Contractor’s team as they carry out the service.
12. This agreement shall be governed by Kenyan law and in the event of any dispute hereunder arising between the parties hereto such disputes shall be referred to a single arbitrator for decision, pursuant to the provisions of the Arbitration Act, 1995, such arbitrator to be appointed by agreement of the parties or in default of agreement to be appointed by the chairman for the time being of the Chattered Institute of Arbitrators of Kenya.