Service Agreement
Term / Tenure of Contract
The contract shall commence on the effective date mentioned on the agreement.
The contract shall be valid for a maximum period of 60 months.
After the initial 60-month period, the agreement needs to be renewed for continued validity.
In the case of early termination, the lessee will give a minimum of 1 month's written notice.
Alternatively, the lessee may choose to pay one month's lease rental as compensation for early termination.
Scheduled Premises
The said water measuring equipment will be installed at the lessee's address as mentioned in the agreement.
In case, the lessee wants to relocate the said equipment, s/he will give a notice of 15 days to the party of the first part to relocate the equipment. In no case whatsoever will the lessee move the said equipment to any other location. In case the lessee moves the equipment to any other location, all conditions and warranties contained in this agreement will be considered null and void.
Security Deposit
The Lessee shall pay a security deposit of INR 1000/- immediately on signing of this agreement through online/card/cash payment. The lessee authorises the lessor to adjust the said security deposit to cover any amounts due under this Agreement.
The security deposit will be refunded at the end of the end of this agreement or on early termination of this agreement whichever is earlier within 7 days, based on the inspection of the said equipment. In case of any damage to the equipment, the same shall be recovered from the security deposit and the balance will be paid to the lessee to the duly designated bank account via online transfer.
Delivery of Equipment
On signing of this agreement and payment of the security deposit mentioned above, the lessor shall deliver the equipment to the lessee at the scheduled premises. The lessor covenants the follows
The lessee or his/her representative will be present at the scheduled premises at the agreed date and time. In case the lessee or his/her representative are not present at the location, the lessor shall charge additional applicable delivery charges.
The lessee shall inspect and verify the said equipment at the time of delivery and will accept the same after he has satisfied himself of the condition of the equipment. Once the lessee accepts the equipment, under no circumstances will he return the said equipment till the termination of this agreement.
The lessee shall ensure due permissions and approvals are given to the lessor for installation of the said equipment.
Ownership
The Lessor covenants that he is the rightful owner and has the full tittle of the scheduled equipment and is entitled to enter this agreement and warranties that there are no charges that are payable on the same.
The lessee acknowledges that the lessor has the full tittle and ownership of the equipment. The lessee shall immediately notify the lessor in case any levy/lien is notified or is threatened with seizure. The Lessee shall indemnify and hold the lessor harmless against all loss and damages caused by such action. The lessor and Lessee agree that at no time during this contract either expressly or implied that the ownership transfers to the lessee at any time. The ownership of the scheduled equipment is with the Lessor at all times during and after this contract.
Payment of Lease Rental
The customer shall pay the lease rent and all applicable taxes as described in the digital invoice mailed/couriered to her/him through online/card/cash within 7 days of receipt of the invoice.
If the customer avails of any additional/ optional services, the same will be billed in the invoice including all applicable taxes.
In case the lessee fails to make the payment of lease rental within the stipulated time of seven days, the lessor will have the right to physically remove the leased equipment from the scheduled premises mentioned above.
Care of Equipment
The lessee covenants that the scheduled equipment will be used in a careful and proper manner and shall not be used in any way that is inconsistent with Lessee's instructions or manuals.
Maintenance of Equipment
The maintenance of the scheduled equipment will be done by the lessor during the entire course of this agreement. All normal wear and tear of the equipment will be repaired by the lessor at his own cost. In case of any malfunction, the lessee shall notify the lessor and the lessor shall rectify the same within 5 working days. The lessor also covenants that in case the equipment does not function, the lessor shall not charge lease rental for the period the equipment is not working.
In Lessor shall not be responsible or liable for any repairs or alterations made by the lessee without prior written approval for products clogged by suspended matter, precipitates or biological matter or growth, precipitates or from failure of resulting from the lack of proper maintenance.
In case of the scheduled equipment failing due to mishandling of the product by the lessee, or has been subjected to misuse, misapplication, negligence, alteration, accident or operation contrary to our instructions, incompatibility with accessories not installed by the lessor, or that have been repaired with component parts other than those manufactured or obtained from the lessor, any charges that accrue including but not limited to labour, material, parts and any other items will be borne by the lessee only.
In case of any issue the equipment does not function satisfactorily due to no fault of the customer, the product will be replaced by Lessor at no cost to the lessee.
Restriction of Use
The lessee covenants that in case of any permanent damage due to negligence making the product unusable, loss or theft of the scheduled equipment, regardless of cause or fault, he will make good the amount at its fair market value as determined by the lessor. The lessee is responsible for the safe keeping of the scheduled equipment and will inform the lessor of any damage or theft immediately.
The Lessee also undertakes to bear the costs including but not limited to:
Loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment's value caused by damage to it or repair to it,
Costs to enforce such charges including administrative fees for processing the claim and legal expenses
Charges for late return of the Equipment will be applicable as per the policy of the company
All fines, penalties, court costs and other expenses relating to the Equipment assessed against Merchant or the Equipment during the rental Term
All expenses Lessor incurs due to Lessee's failure to return the Equipment including costs in locating and recovering the equipment
All costs incurred to collect unpaid monies due
The payment for any permanent damage/loss will be paid immediately and this contract will terminate on the payment of the same.
Indemnification/Liability
The lessor shall indemnify, defend and hold harmless the lessor from and against any claim, demand, cause of action, loss or liability (including attorney's fees and expenses of litigation) for any property damage or personal injury arising from Customer's use of the scheduled equipment by any cause. The provisions of this clause shall survive the termination of this agreement with respect to any claims or liability accruing before such termination. In no event shall the lessor be liable for any indirect, special or consequential loss or damages arising from customer's use of equipment, including but not limited to loss profits and loss revenue.
Renewability
This contract may be renewed by giving seven days' notice by either party under the same terms and conditions.
Termination
This agreement may be terminated in any of the following manners:
On completion of this agreement- the Lessee does not renew the agreement and returns the scheduled equipment to the lessor.
Non Payment of lease rentals.
Lessor/Lessee inability to continue the agreement after giving 7 days' notice to either party.
Loss or permanent damage to the scheduled equipment.
In case of "1", "2" and "3" above - the agreement will be terminated on the completion of the following:
Returning of the scheduled equipment to the satisfaction of the lessor from the scheduled premises only. In case of natural wear and tear the lessor will accept the equipment and refund the security deposit.
In case of Non Payment of lease rental or in the case of early termination, the balance lease rental due will be deducted from the security deposit and the balance if any will be refunded to the lessee.
In case of "4" loss or permanent damage:
the lessee will pay the lessor the full market value and the contract will then terminate.
Waiver
No failure of Lessor to exercise or enforce any of its rights under this Agreement shall act as waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
Lessor's acceptance of payment with knowledge of a default by customer shall not constitute a waiver of any breach.
Governing Law and Jurisdiction
This agreement shall be constructed and interpreted in accordance with the laws of India. The courts is Bangalore alone, shall have jurisdiction to try any dispute arising out of this Agreement.
Severability
In the event any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be enforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
Entire Agreement
This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
Assignment
Customer may not, without the prior written consent of Lessee, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this agreement and shall be void and shall be termed as 'illegal' under applicable laws.
Exclusions
The lessor assumes no liability in connection with this water monitor other than specified herein. This agreement is in lieu of all other warranties whether expressed or implied, including warranties for a particular purpose. The lessor does not authorise any person or representative to assume for them any other obligations on their behalf. Under no circumstances are the terms mentioned above negotiable and no employee of the Lessor or its representatives has the authority to supersede them.
Force Majeure
The lessor shall not be held responsible for such failures which are a result of such Force Majeure but not limited to floods, earthquakes, storms, cyclones, transportation strikes, labour disputes with outside suppliers or any other condition beyond the control of the lessor.