GENRAL SERVICE CONTRACT AGREEMENT
This Services agreement (the “Agreement) is made on this (…………………..’Effective Date”)
BY AND BETWEEN
Abodetek®, a company incorporated under the laws of India, having its registered office at OC-832,8th Floor, Gaur City Centre, Gaur Chowk, Greater Noida, Gautam Buddha Nagar 201305 (hereinafter referred to as the Service Provider which expression shall unless excluded by or repugnant to the subject or context be deemed to include its successors-in-interest and permitted assigns) of the ONE PART
AND
________________________ (Client Name), resident of _____________________ ____________________________________ (Address) (hereinafter referred to as the Client which expression shall unless excluded by or repugnant to the subject or context be deemed to include its legal heirs, administrators and permitted assigns) of the OTHER PART
(The Service Provider and the Client shall hereinafter individually refer to as “Party and collectively as “Parties”)
WHEREAS
The Service Provider is in the business of providing the Home Automation Services (as defined hereunder) and has the skills, qualifications and expertise required to perform the Home Automation Installation & Services. The Client desires to engage the Service Provider to provide the Services and the Service Provider has agreed to do the same.
Parties Representative
The Client hereby designates ______________________________ (Client Name), Phone Number ______________ to be its designated representative and single point of contact for the Service Provider, for purposes of this Agreement. The Client may by notice given to the Service Provider, remove the then existing representative and appoint another individual to act as its designated representative and single point of contact.
(The Service Provider hereby designates____________________________ (Service provider authorized representative), Phone Number_________________ to be its designated representative and single point of contact for the Client, for purposes of this Agreement. The Service Provider may by notice given to the Client, remove the then-existing representative and appoint another individual to act as its designated representative and single point of contact.
1. SERVICES
(a) The Client agrees to avail the Home Automation Services from the Service Provider i.e., ABODETEK® and the Service Provider agrees to provide the Services to the Client on the terms and conditions specified in this Agreement.
(b) The Service Provider shall: Perform the Home Automation products -Designing of automation plan, deployment, installation, configuration and after sales service support. –
(i) In a professional, diligent, and timely manner, (ii) As per good commercial practices; and (iii) Within the budget specified by the Client (III) Retain and utilize a sufficient number of qualified personnel to perform the Services; (IV) Ensure that all personnel who are deputed to perform the Services are appropriately trained and qualified to perform such Services;
(c) The Services shall be provided at: Client Site. The Service Provider agrees and acknowledges that the provision of Services hereunder may require travel to different destinations and the Parties agree that the cost of travel and accommodation shall be borne by Client.
(d). In contemplation of the job requisites and concomitant customer requirements, our availability for issue resolution is confined to our official working hours. These hours are specified as Monday to Friday, from 10:00 AM to 6:00 PM, and on Saturdays from 10:00 AM to 3:30 PM. It is pertinent to note that our services will be unavailable during holidays, including both regular and gazetted holidays, owing to the non-availability of technical staff.
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(e) As a home automation solution provider, we accommodate and include products from different companies and every company has its own warranty policy. So hereby, we requesting our esteemed customers to check the limitation of coverage at the company’s website or product inserts.
(f). In accordance with the terms herein, our designated team is committed to providing assistance for any technical issues arising from the product we have delivered. All technical visits to the customer site within six months from the date of product dispatch will be provided at no charge. Subsequent to the aforementioned period, we reserve the right to levy nominal visiting charges to cover the traveling expenses of our technician. The specific value of such charges will be communicated in advance.
(g) The Service Provider shall complete the Services in accordance with the following Schedule:
1. First technical site visit to inform client about the changes required. After token receive and agreement signed.
2. Second site visit after the stipulated period of time considering partial 50 % of the payment to check the development at site.
3. Considering the changes done, and goods payment received in full then technician will be aligned for physical installation.
4.After the physical installation of automation switch panel. Configuration will be executed only if the internet at the site is functional and smart speakers – (Google / Alexa) are available.
5. For any delay in procuring the goods and installing Mesh Router (under client scope) if needed. Please inform the concern person in advance.
To maintain a transparent process and smooth execution of our projects at the client site we scheduled the process which only starts after the first technical visit of our technician. However, the clearance of payment from accounts is also very much required to initiate the installation.
Nature of Services Rendered:
As explained and detailed provided under the given quotation which is finalized with the client and mentioned only after the technical site visit, for the provision of Home Automation solutions at client premises. This is subjected to quotation and may include switches and switch panels which need to be placed for automating the home, additional fan dimmers, light control switches, wireless cameras, curtain tracks and modules, electronic locks, digital door locks, sensors, and other equipment related to home automation. Our services do not include the basic wiring or placement of other equipment not supplied by us. For all these Automation switches and modules, a running WIFI with complete coverage is needed. Considering the purview, we shall only help in assigning the location of mesh routers. Otherwise, this would be the client responsibility. (Scope of work is mentioned in given quotation)
Other Services Terms:
2. PRODUCT WARRANTY
All the product supplied by Abodetek are Authorized by the respective companies and carry their original brand warranty. All the product supplied by us are warranted against any manufacturing defect. Please refer respective warranty on relevant company website. We are also authorized to sale and provide service support for all the companies for which we are providing price quotation. To provide our customers the diligent service support we are equipped with professional to serve you at your client site. For few companies like Yale Digital Door Lock, Dorset, Godrej See Thru Touch series, CP Plus and few more (Please check with the sales person) the installation and after sales support is being provided by these companies itself, so for these particular companies we can align the services, however services will be rendered by them only.
General Warranty Terms:
3. PAYMENT SCHEDULE
Payment Terms: Considering the varied need and requirement of our client we have devised two different payment plans.
a). Upfront Payment.
b). Flexible Payment.
Upfront Advance Payment: We at Abodetek® always believe in supporting clients by providing best Home Automation Solution at very affordable cost. However, to further smoothing the process we are offering additional benefits if customer agrees to pay product cost upfront. (Check with sales team for current running offers.
Flexible Payment Plan: To ease the overall smart home automation adoption process we also have stage link plan. Our plans are pocket friendly and based upon the stage of site completion. See the annexure below.
Installation cost will be charged after complete installation, configuration and deployment of Alexa enabled devices. Product or goods will be delivered only after the complete payment of actual goods at its quoted value, considering the niche segment where goods are procured from parent company on advance basis & other government regulation of Invoice issuance and E- Way bill requirement for moving of goods / product from our respected warehouses.
4. CONSIDERATION
(a) In consideration of the Services rendered by the Service Provider, the Client shall pay to the Service Provider i.e., Abodetek®, the product cost and services fee as per specified in the Payment Schedule. (Point 3)
(b) The Product & Services cost to be paid as specified above shall be inclusive of Goods and Services Tax (GST).
(c) The Client shall pay the total due amount of Installation within a period of 7 (seven) days from receipt of the final invoice from the Service Provider.
(d) In the event of delay by the Client in payment of product cost & services fees to the Service Provider, the Client shall pay interest at the rate of 12% per month on the unpaid amount from the due date till the date of actual payment.
(e) In the event of delay by the Client in payment of fees to the Service Provider, the Service Provider shall be entitled to stop the provision of further Services till such time that the Client makes the payment of outstanding dues.
(f) In the event of any service(s) provided that are not included in the list of services as specified in this Agreement, the Parties shall mutually agree upon such services, fees and expenses.
(g) By affixing their signature to this agreement, the customer hereby acknowledges and confirms their awareness of the product, including its quality, scope of work, color, functionality, and limitations. In the event that the customer requires additional clarification, they are encouraged to contact either their designated servicing technician or the assigned sales associate.
5. REPRESENTATION
Each Party hereby warrants and represents to the other Party that:
(I) It has full power and authority to enter into this Agreement and perform its obligations hereunder;
(II) This Agreement has been duly executed by it and this Agreement constitutes its legal, valid and binding obligation enforceable in accordance with the terms contained herein;
6. OBLIGATIONS OF THE CLIENT
(a) During the performance of the Services the Client will co-operate with the Service Provider as the Service Provider reasonably requires;
(b) The Client shall provide information and documents as the Service Provider reasonably requires for provision of Services.
7. FORCE MAJEURE
If and to the extent that a Party’s performance of any of its obligations under this Agreement, hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other similar cause beyond the reasonable control of such Party .The Party whose performance is prevented, hindered, or delayed by a Force Majeure Event will immediately notify the other Parties of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event.
8. AMENDMENTS
Any change, alteration, amendment, or modification to this Service Agreement must be in writing and signed by authorized representatives of both the Parties.
9. DISPUTE RESOLUTION
The courts in Gautam Buddha Nagar, Uttar Pradesh shall have exclusive jurisdiction over any dispute, differences or claims arising out of this Agreement.
Party Details
In the case of Client:
Attention: ___________ (Client Name)
(Signature & Date): …………………………………
Address: ____________________________________________________
In case of Service Provider
Attention: _________________ (Service Provider Representative)
Signature & Date: …………………………………
Address: OC-832,8th Floor, Gaur City Centre, Gaur Chowk, Greater Noida, Gautam Buddha Nagar-201305
(Either Party may change its address for notification purposes by giving the other Party 10 (ten) days’ notice of the new address and the date upon which it will become effective.)
