THIS AGREEMENT is dated on the day of __________ of __________ and made BETWEEN:
This Agreement shall be deemed to come into force o n the above mentioned date and shall continue to be in full force and effect for a period of one (1) year from the Commencement Date. The Client s hall have the option to extend the Agreement for a further one (1) year upon s erving a written notice one (1) month before the end of the contract.
SCOPE OF WORKS 1. Services BITCO Facilities Management shall carryout Preventive as well as Reactive maintenance jobs relating to: • • •
Electrical supply, equipment and electrical distribution services Water supply, sanitary ware and drainage services Air conditioning supply and associated equipment services
Supervised, uniformed technicians will attend all emergencies* within two (2) hours, seven (7) days a week, and three hundred sixty five (365) days a year upon you lodging the compliant. 2. Planned Preventive Maintenance A preventive maintenance program (PMP) will be provided in writing by BITCO FM within thirty ( 30 30)) days after signing. The PMP is for servicing all air conditioning units every four (4) months and electrical & plumbing, every (1) year. year. 3. Mechanical, Electrical and Plumbing Services under this include: •
• • •
Repair and/or replacement (subject to the condition and age of any item) of mechanical & electrical equipment including distribution boards, circuit boards, circuit breakers, ELCB’s, light fittings, control panels, switches & water-heaters Repair of water pumps, which can be done on site Repairing of external leak on roof only Repair and replacement of sanitary-ware fittings and attention to drainage problems (please refer to spare parts/materials clause below in case o f replacements)
Air Conditioning An annual major service and, 2 Bi-Annual services of indoor a nd outdoor units shall be provided, which includes the following: • • •
Cleaning of filters Cleaning and checking of electrical components Pressure washing of coils
• • • • •
Topping up of refrigerant gas (gas will be charged separately) Belt replacement, lubrication and cleaning of drain lines Placing of drain flow tablets in drip trays Changing compressor oil and filters if necessary Minor painting touch-up and minor repairs to insulation (please refer to spare parts/materials clause below in case of replacements)
*Emergencies The following circumstances are considered Emergency: • • • • •
Total electricity failure/breakdown in the whole house Total air-conditioning failure in the whole house Total water stoppage in the whole house Major leakage related to plumbing (e.g. water gushing out, leakage from plumbing above the ceiling etc.) Major blockage of drainage
Spare Parts/ Materials Spare parts and materials are covered under the scope of this Maintenance Contract for items supplied by ATCONZ RED. Such parts and/ or materials that are required to restore functioning of equipment or systems not supplied by ATCONZ RED under the above scope of work shall be used appropriately and will be charged at actual cost plus fifteen percent (15%) handling charge. Services Excluded The following services are expressively excluded from the scope of this Contract: • • • • • • • • • • •
Repairs and /or replacement of electronic items or Home Appliance Power, water, drainage and telephone services (being the responsibility of the relevant local authority) Internal water leakage, e.g. under the bathtub, WC, i nside the wall, ceiling, under the interlock & garden areas Major job related to MEP or Civil works Garden irrigation system (sprinklers) Gardening and horticultural work Changing of any corroded chilled water, domestic water or drainage lines Picture hanging, painting and decoration jobs Carpet cleaning and carpet shampooing Replacement of broken windows, window glasses, doors, door glasses Automatic garage doors/ gates
The above jobs/ services can be performed at additional charge. Note: • •
•
1.
Unlimited Call Out’s are included over a period of twelve (12) months Additional hours will be billed at one hundred and twenty (120.00AED) per hour or as per the quotation if and w hen required Should there be any major works, work will only commence upon acceptance of quotation by the landlord.
BITCO FM staff shall be provided with free use of water and electricity and free access to any part of the premises, to perform the required tasks under this agreement.
2.
All invoices raised by BITCO FM for spare parts, additional jobs and additional services not included in this contract /scope of work shall be settled upon presentation. Failure to promptly settle these invoices may result in suspension/ discontinuation of all services under this Annual Maintenance Contract and can only be restored upon full settlement.
1. Purpose This Services Agreement explains the terms agreed between the Client and t he Services Provider, IMDAAD LLC, for the provision of maintenance and ancillary services at the property detailed above. 2. Services IMDAAD are pleased to offer a choice of maintenance packages, to prolong the life and maintain the value of your property, as well as offering the convenience of having a single service provider for all your needs. There are three levels of services available to meet your individual needs. The package selected on the opposite page, along with any additional services form your individually designed package and scope of services. Please note Prices are subject to change from time to time. Please note that these services are offered on an annual basis and payment is required in advance. Home Pro services will commence on the 1st Day of the following month, unless otherwise agreed by both parties. Clients should note that the s ervice packages are exclusive of parts and materials which will be charged for at the time of installation at cost plus 10%. All Service packages will be carried out in a ccordance with Manufacturer’s recommendations. Where the service is included in a package, free emergency call out attendance will be provided. A Preventive Maintenance programme will be put in place for all Electrical, Air Conditioning, Plumbing and all HomePro PLUS Services (if applicable), which will involve 2/3 visits per annum depending on the type of unit – 2 for flats / 3 for villas. Additional work not covered under the Services, will be quoted separately and executed on the approval of the Villa Owner. Clients should note that the s ervice packages are exclusive of parts and materials which will be charged for at the time of installation. This Agreement covers the Property Maintenance, including Preventive and Emergency Callout services. Please note: Replacement of filament/lamps are not included in the Preventive Maintenance packages above, all replacement of filament/lamps will be classed as Additional Work and charged separately. Preventive maintenance IMDAAD will carry out its tasks with due care and diligence and will provide all labour, including appropriate levels of supervision, and any equipment and consumables necessary for the execution of the services or works. 24/7 Emergency Callout IMDAAD fault and breakdown response service is available 24 hours per day and 7 days per week throughout the year. In the event of an emergency e.g. flooding, total power failure or failure of the air-conditioning system, the Call Centre will arrange for a Technician to attend the incident as soon as possible. Non-emergency requests will be scheduled for a Technician to attend during normal working hours and at a time agreed for access to the property on the following working day or as soon as possible thereafter. 4. Exclusions This Agreement expressly excludes any services or works not covered above.
This Agreement expressly excludes the cost of replacement parts and materials. These will be charged at the time of installation. This Agreement expressly excludes any work related to the Premises Construction Defect Liability / Warranty Period and Electronic systems. 5. Authorisation Written authorisation to proceed will be required from the Client for any Additional Services or Works that are excluded under this Agreement. 6. Term and Termination The term of this Agreement is One Year, and this Agreement may be terminated at any time by either Party providing 60 days Notice of Termination to the other in writing, with an appropriate acknowledgement of receipt being obtained. Unless the term of this Agreement is renewed in writing, it shall cease to operate on the completion of One Year from the date of signing. 7. Consequences of Termination In the event of Termination of the services by the client, the client shall be eligible for reimbursement up to a maximum of 75% of the advance payment made, If any, on a pro-rata basis after 30 days from the date of actual termination of the Agreement, less any sum due to the service provider and the total value for the home content insurance policy if applicable. At the minimum, Imdaad would retain 25% of the contract value and t he value of the content i nsurance policy if applicable in every case to cover its fixed costs. 8. Disputes The parties shall seek to reso lve in good faith any dispute or difference arising between them, in respect of any matter connected with this Agreement. If the parties cannot resolve any such dispute or difference within 14 days, or such period as the parties may subsequently agree, then either party may submit t he dispute or difference to arbitration in accordance with Clause 8.1. 8.1 Any dispute or difference with the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising there from or related thereto in any manner whatsoever shall be referred to the arbitration in a ccordance with the provisions set forth in the Rules of the Dubai International Arbitration Centre (DIAC). The seat of the arbitration shall be in Dubai. The language of the Arbitration shall be in English. 9. Governing Law and Jurisdiction This Agreement is governed by the laws of the Emirate of Dubai and the United Arab Emirates and any legal action or proceedings are subject to the jurisdiction of the Courts of Dubai. 12. Premises Construction Defect Liability Period & Construction Warranties Disclaimer. Imdaad LLC shall not be Liable for any claims, loss, damage or work resulting from the Premises Construction Defects Liability Period or construction Warranties provided by the Master Developer.
I hereby agree to the above Scope of Work and to the Terms & Conditions:
Client Signature: _________________________________________ Date: __________________
For and on Behalf of:
BITCO Facilities Management: ______________________________ Date: ____________________
