WP PUMPS is a company registered in Australia, with its principal place of business at 68 McEwen Road, Kyabram, VIC, 3620.
This agreement confirms that you have accepted the Terms and Conditions outlined below
Introduction This Pump Preventative Maintenance Agreement (“Agreement”) is entered into between WP PUMPS and You (“Customer”) on the sign-up date. The purpose of this Agreement is to ensure the ongoing maintenance and optimal functioning of the pump(s) at the Customer’s premises, as detailed below.
Scope of Services: The Service Provider agrees to perform preventative maintenance services for the pump(s) specified in the Service Schedule (“Services”). The Services include, but are not limited to:
- Inspection of pump components
- Testing of pump performance
- Any additional tasks mutually agreed upon by both parties
Service Schedule -The preventative maintenance will be performed according to the following schedule:
- Your schedule and commitment will be based on the type of package you have undertaken.
- The Service Provider will notify the Customer [2] days in advance of the scheduled maintenance visit to ensure the booking is going ahead.
- Emergency services are not included unless specified and agreed upon separately.
Customer Responsibilities The Customer agrees to:
- Provide access to the pump(s) and any associated equipment for maintenance.
- Ensure a safe working environment for the Service Provider’s personnel.
- Notify the Service Provider of any known issues before scheduled maintenance.
- Keep the pump(s) operating within the manufacturer’s recommended guidelines.
Pricing and Payment:
- The Customer agrees to pay the Service Provider [amount] for the preventative maintenance services as per the agreed schedule.
- Payments are due as per the sign up package, and any late payments may incur a fee as outlined in Section 6.
- Additional charges may apply for emergency services, replacement parts, or repairs not covered under this Agreement.
Additional Charges and Costs
- If any part of the pump requires repair or replacement outside the scope of preventative maintenance, the Customer will be notified, and a quote will be provided before work is performed.
- If additional services are requested outside the agreed scope, the Customer will incur additional charges at the rate specified in the Service Schedule or as quoted by the Service Provider.
Term and Termination
- The initial term of this Agreement starts from the first payment received.
- Either party may terminate this Agreement with 30 days’ written notice to the other party. In the event of termination, the Customer will be responsible for payment for all services rendered up to the termination date.
- This Agreement will automatically renew for successive terms of 12 months unless either party provides written notice of non-renewal at least 30 days before the end of the current term.
Limitation of Liability
- The Service Provider will not be liable for any damages, injuries, or losses arising from the Customer’s failure to follow the manufacturer’s operational guidelines or improper use of the pump(s).
- The Service Provider’s liability under this Agreement is limited to the amount paid by the Customer for services rendered under the Agreement in the 12 months preceding the claim.
Warranty
- The Service Provider warrants that the maintenance services performed will be carried out professionally.
- Any parts replaced during preventative maintenance will be warranted by the manufacturer’s warranty terms.
- The Service Provider makes no other warranty, express or implied, concerning the condition or performance of the pump(s).
Confidentiality
- Both parties agree to keep all proprietary information related to the pump(s), maintenance procedures, and any business-related information confidential.
- This obligation will continue for 1 year after the termination or expiration of this Agreement.
- Force Majeure Neither party will be held liable for failure to perform any obligations under this Agreement due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, strikes, natural disasters, or government regulations.
Governing Law and Dispute Resolution
- This Agreement shall be governed by the laws of Vicotira / Australia
- Any disputes arising from this Agreement will be resolved through [mediation/arbitration] before [a specified mediator/arbitrator], and the decision will be binding.
Entire Agreement: This Agreement constitutes the entire understanding between the Service Provider and the Customer concerning the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral, relating to the subject matter.
Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.
By signing up to the pump Preventative Maintenance, both parties acknowledge and accept the terms and conditions of this Pump Preventative Maintenance Agreement.
