Tailift Sales Manual - Worldwide Forklifts

268 S.W. 32 nd Court
Fort Lauderdale, FL 33315
Phone: (954) 768-9875
Fax: (954) 768-0077
MAINTENANCE AGREEMENT
This agreement, made and entered into by and between,
hereinafter called the “Customer”, and
, hereinafter called the “Vendor”.
WITNESSETH: That, in consideration of the premises, the Customer and the Vendor do hereby covenant and agree in these
presents as follows:
1. EQUIPMENT: Vendor hereby agrees to maintain the Equipment described in the addendum on the terms and
conditions set forth.
2. MAINTENANCE OF EQUIPMENT BY VENDOR: The Equipment will be serviced and maintained in proper working
condition by Vendor, and Customer agrees to make the Equipment available for servicing by the representatives of Vendor, at
reasonable times during Vendor’s business hours. Customer shall, upon request of Vendor, provide an adequate, separate area
within Customer’s premises in which Vendor may service Equipment. In the event that any unit of Equipment shall be out of service
for needed repairs, resulting from normal wear and tear, Vendor will arrange to repair such Equipment promptly after notice by
Customer.
Notwithstanding the foregoing, it is agreed that Vendor shall not be responsible for delays in servicing and
maintaining equipment manufactured by others. Vendor shall use all reasonable means to accomplish needed repairs of such
equipment promptly.
Tire replacement will be limited to the number of sets shown on the addendum. Any tires in excess of the
indicated sets are the responsibility of the Customer.
All repairs will be made during Vendor’s normal working hours of _________ A.M. to ________P.M.
_____________ thru __________________, which may be amended from time to time. Emergency repairs performed by Vendor
before or after Vendor’s normal working hours, at the Customer’s request, shall be paid for by the Customer. Such payment shall
be the difference between the prevailing straight and overtime rates of the Vendor.
3. SURVEY REPORT: The maintenance rates specified herein only cover predictable normal wear and tear and are based
on the operating conditions described in the survey report dated__________, which report is hereby made part of this Agreement.
The rates do not cover accidental damage, misuse, overloading or repairs due to poor housekeeping. Changes in the Customer’s
operation of the Equipment from that as shown in the Survey Report may require a maintenance rate renegotiation, at Vendor’s
option. Vendor reserves the right to cancel the maintenance portion of this Agreement if Customer and Vendor cannot agree on
adjusted rates within a thirty (30) day period, commencing with the date of the Vendor’s request for renegotiation.
4. CARE OF EQUIPMENT BY CUSTOMER: Customer agrees to take good care of the Equipment and, without limiting the
foregoing, to use and operate the same within its rated capacity, to restrict the use and operation thereof to careful and
competent personnel selected, employed, and controlled by Customer, to prohibit anyone other than duly authorized personnel of
Vendor to make any repairs or adjustments to the Equipment (unless otherwise previously authorized in writing by Vendor). The
Customer will notify Vendor immediately of any accident, disability, or failure of Equipment, and furnish vendor in writing with all
pertinent facts, in connection with any accident. Customer will reimburse Vendor for any loss due to damage to or destruction of
Equipment, excepting normal wear and tear. Vendor will be sole judge of normal wear and tear.
Customer shall supply all necessary fuel, oils, water, anti-freeze, and other normal needs of Equipment in its daily
operation. Customer shall perform the daily operator’s checks at the beginning of each shift, in accordance with the
manufacturer’s recommendations. Customer shall also maintain proper level of water in batteries, recharge the batteries and
change the LP gas cylinders, as required. Customer, at its own expense and risk, shall be responsible for the foregoing and for the
installation cost of charging equipment and the storage of LP gas fuel and cylinders.
5. EXCESS HOURS: The estimated operating hours are shown in the addendum. If the actual operating hours determined
from meter readings exceed such estimated operating hours, the excess hours shall be billed at the excess hour rates shown in
the addendum. In the event that any hour meter fails to function, the operating hours shall be ascertained by using the average
from the previous two (2) months of recorded usage.
59 Tailift Sales Manual 2005