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App2.4 Program Preventative Maintenance Agreement · OPW16/0021
From the archive OPW16/0021- Response Landscape. File date in the archive: 2016-05-16 04:00.
Fytogreen (Australia) Pty Ltd Tel +61 3 5978 0511
3 Webbs Lane Fax + 61 3 5978 0744
Somerville Victoria 3912 E [email protected]
Australia ABN 20 099 581 736
___________________________________________________________________________
the Maintenance Provider. The Maintenance Provider may make a separate additional
charge for the provision of any of its services necessitated by such attempted adjustment,
repair or alteration.
4.4 The Client shall pay the Maintenance Provider the Agreement Price and other charges,
as invoiced by the Maintenance Provider to the Client, under the terms of and in
accordance with this Agreement.
5. TERM OF THE AGREEMENT
5.1 This Agreement shall come into effect on the Commencement Date and shall remain in
force unless terminated by either party giving written notice to the other party of the
termination of the Agreement in not less than 30 days, subject to the following:
i. The Client may only terminate providing there are no outstanding or unpaid
Maintenance Provider invoices under the terms of this Agreement.
ii. There shall be no credit of any prepaid or due amount for current quarter.
iii. Where the current quarter has less than 30 days remaining, an additional amount
calculated on a daily pro rata basis shall be payable for the notice period outside
the current quarter’s coverage.
5.2 During the term of this Agreement no change shall be made to the terms, conditions and
provisions contained in this Agreement and other than by agreement between the parties
evidenced by a document signed by both parties.
5.3 The Agreement Price and Charge Rates shall be fixed for the first year of this Agreement.
The Maintenance Provider may increase the Agreement Price and Charge Rates at the
end of the year of this Agreement for the next year by an increase as determined by the
Maintenance Provider being the greater of the Consumer Price Index percentage
increase and the Award Rates of Pay Indexes, Australia percentage increase.
5.4 The Agreement Price plus GST is otherwise exclusive of all other Federal, State,
Municipal and other government taxes and charges, current and future. Any and all other
taxes and charges necessarily incurred and paid by the Maintenance Provider, shall be
additional to the Agreement Price and shall be reimbursed by the Client upon invoice.
6. FORCE MAJEURE
The Maintenance Provider shall not be responsible or liable for failure to perform or observe
or for a delay in performing or observing any obligation under this Agreement where such
failure or delay arises from any cause beyond reasonable control of the Maintenance Provider
including without limitations, strikes and industrial actions of all kinds, fire and associated
perils, unusually inclement weather, civil riots and lock outs and shortages or unavailability of
supply of parts or materials.
Fytowall (Australia) Form FWF-10 / Rev C Page 7 of 16
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