Common use of Full Service Maintenance Exclusions Clause in Contracts

Full Service Maintenance Exclusions. The only circumstance where the Contractor shall not be obligated under this agreement to repair damage at no additional cost is where such damage was caused by fire or force majeure, except that which is caused by the Contractor or by the willful destruction of the equipment by the Purchaser, clients, employees, or visitors. With respect to repair for which the Contractor is not obligated under this section, the Purchaser will pay at Contractor’s time and material rates for any Purchaser approved Time and Material (T&M) Proposals. Repairs not included in the Full Service Maintenance may be corrected by Contractor with prior written estimate from Contractor and with Purchaser issued Purchaser Order. All material required for the below- mentioned repairs will be paid on either a time and material (T&M) or not-to exceed basis as defined in the Contractor’s proposal. The Contractor will be paid only for repairs that Purchaser issued a Purchase Order and actually required. Examples of these are the following: Refinishing, repairing or replacing car enclosures, hoistway, enclosure, hoistway door panels, frames, and ▇▇▇▇▇, and all power supply panels and feeders. Cost of repairs, replacements, or removal necessitated by any cause, other than ordinary wear, which is occasioned by negligence shall be determined by the Purchaser. Any repairs that are not the Contractor’s responsibility in accordance with the Full Service Maintenance Service or Equipment Repair Services detailed below. • Door knocked off the tracks/broken gibs • Elevator left on independent, fire, attendant or emergency service • Car door detector out of adjustment from doors being hit • Elevator turned off inside the car and the door pulled shut, unless there is an actual elevator problem that is included in their Contract • Car enclosure, including removable panels, door panels, car doors, suspended ceilings, handrails, car finish and flooring coverings, hoistway enclosures, hoistway entrance frames, ▇▇▇▇▇, signal fixture faceplates, fire recall initiation devices, cleaning of car interior or underground hydraulic piping and the underground part of the hydraulic cylinder • Any premaintenance repairs • Elevator Services responses due to power outages, seismic, activity and/or nudging • Force Majeure (elaborate; ie power bumps) • Vandalism • Miss-use