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1. Term:
The term of this Agreement shall be one (1) year from the date specified above, and it shall be automatically renewed for an additional one (1)-year period, and from year to year thereafter, unless either party requests termination in writing of this Agreement at least sixty (60) days prior to any expiration date. Nothing in this Agreement shall be construed as a guarantee by HEMC of any continued obligation of services after the expiration of this Agreement.
2. Consideration:
Member agrees to pay HEMC monthly installments for the performance of services, as defined. This Agreement authorizes HEMC to bill Member at a rate of $(depends on size) per month, to be included on Member’s normal electric bill that HEMC issues each month.
Annually Monthly
5KW - 22KW (a/c) $ 264.00 $ 22.00
20KW (l/c) - 48KW $ 324.00 $ 27.00
50KW - 100KW $ 384.00 $ 32.00
3. Services Provided:
As may be applicable to Member’s specific kW rated generator, HEMC agrees to provide some or all of the following services within thirty (30) days of final payment of the annual fee:
- Change oil and filter after manufacturer’s recommended break-in procedure (member must notify HEMC);
- Change or clean all filters (oil, fuel, and air) annually;
- Change lubricating oil;
- Replace spark plugs annually;
- Check air inlets and outlets for debris. Clean as necessary;
- Adjust valve clearance after the first 50 hours of operation – (If 50 hours occur prior to annual service, member must notify HEMC.);
- Check and add battery fluid (change battery each fourth year of agreement);
- Check and add engine coolant (replace engine coolant each third year of agreement);
- Spray engine linkages with light oil such as WD-40;
- Check voltage and frequency produced by generator and adjust to proper settings;
- Check operation of transfer switch;
- Operate generator under load for ten minutes and check voltage and frequency;
- Confirm Member’s ability to operate transfer switch and generator correctly, and, if necessary, offer limited instruction on these points;
- Provide report to Member of any condition that may require additional service from HEMC or that may fall under the manufacturer’s warranty;
In the event of outages on the Cooperative’s electric distribution system, Member understands and agrees that HEMC service personnel will assign priority to restoring electric service as rapidly as possible to the broadest range of Cooperative members. Responses to requests for generator service, and appointments for the same, may be delayed, postponed or re-scheduled in the event of system outages.
4. The list of services set forth above is exclusive, and the parties agree that no provision of this Agreement shall be construed as a product repair and/or replacement warranty, or a warranty of any other type. This Agreement shall not be construed to hold HEMC liable for damages caused by the failure of the generator or transfer equipment. This agreement is strictly a maintenance service agreement only. Haywood EMC will not be liable for any special, incidental or consequential damages resulting from any party’s negligence or breach of warranty, including, but not limited to, damage to or loss of other equipment or property, loss of profits or revenue, expenses (including attorneys’ fees), or business interruption, arising out of the installation, maintenance or service of the generator.
5. Governing Law:
This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of North Carolina, without regard to the conflicts of law rules thereof.
6. Complete Agreement:
This Agreement represents the entire agreement of the parties.