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Service Agreement Template 2

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Service Agreement Template 2
Service Agreement Template 2
THIS SERVICE AGREEMENT (this “Service Agreement”) is entered into on or as of the _____ day of _________, 2009 (the “Effective Date”)
by and between iPower Systems Ltd, a system integrator and emergency power sales organization having offices located at 115 Wall Street, Valhalla,
NY 10595 (“Seller”), and ______________________, located at __________________________________________ _______________
(“Customer”). The parties hereto hereby agree that the complete agreement between such parties with respect the Services contemplated by this
Service Agreement shall consist of this Service Agreement, the General Terms and Conditions set forth on Schedule A attached hereto and
incorporated herein by reference (the “General Terms and Conditions”) and the Service Levels set forth on Schedule B attached hereto and
incorporated herein by reference (the Service Levels”). Capitalized terms used in this Service Agreement and defined in the General Terms and
Conditions shall have the meanings assigned in the General Terms and Conditions.
A. Scope of Work:
Seller shall provide the following services, performed on the following devices and products as set forth below (collectively, the “Services”) in
accordance with the timeline, if any, set forth in this Service Agreement
Services Provided:
IPS Gold Package: Includes a annual general diagnostic of your back up power system to include all inverter settings are
correct, adjust as needed, voltage test on batteries, perform load test on inverters and test system overall functionality.
Cleaning of unit venting. Gold Package includes unlimited telephone support, email support and on site support (metro tri-
state area only)
Silver Package-Unlimited telephone & email support
Devices / Products Covered: Gaia PowerTower
The following services, products and parts are not covered by this Service Agreement: Damage from flooding, lighting, fire, theft, vandalism, and
other acts of God.
Excluded Services:
Customer understands and agrees that services required to recover from failures and/or incidents caused by any of the following circumstances are
not considered normal maintenance and are not covered under this Service Agreement:
Service and repair made necessary due to accidents or acts of God, damage from fire, water, wind, earthquakes, lightning, terrorism,
transporting equipment, vandalism, or burglary;
Service and repair made necessary by the alteration or modification of equipment other than that authorized by Seller;
Service and repair of damage or problems caused by neglect, malicious activity, or misuse including, without limitation, use of the
system(s) for purpose other than which it was designed, by the Customer, its employees, or third-party contractors;
Service or repair due to electrical damage caused by electrical wiring at system location or resulting from electrical surges, sags, or spikes;
Service and repair made necessary by bugs released by software vendors, e.g. adverse effects from installing updates or service packs;
If in the reasonable opinion of Seller, as supported by its experience, any particular user's requests exceed a normal and reasonable
frequency, Seller may advise the Customer that the user's requests are excluded until such time as the user has received additional training.
Excluded Third Party Costs:
Customer understands and agrees that the following third party costs are not covered by the fees set forth in this Service Agreement and shall be
charged by Seller to Customer:
Labor, parts, hardware and software not covered by warranties;
Software licenses, subscription or upgrade fees;
Manufacturer or vendor support fees, whether by annual contract or per incident;
Shipping costs.
Additional Projects:
Customer may occasionally require additional or amended services outside of the terms of this Service Agreement (collectively, “Additional
Projects”). Seller will provide a detailed scope of work and labor quote for any Additional Project required by Customer. Customer will be required
to execute a change order for any Additional Project before any work for such Project is performed and understands that a separate invoice(s) will be
generated for such work. Examples of Additional Projects include:
Software development, programming, debugging, or customization except as expressly specified in this Service Agreement;
Cost to bring Customer’s environment up to minimum standards required by Seller;
Training and coaching;
Planning, project management, research, and advisory consulting services;
1. Pricing: In consideration for the Services contemplated by this Service Agreement, Customer shall pay Seller as follows:
Service Agreement Template 2