MAINTENANCE AGREEMENT

April 1, 2022

MAINTENANCE AGREEMENT

THIS MAINTENANCE AGREEMENT (the “Agreement”) dated this _____ day of _______________, 2021 (the “Effective Date”) BETWEEN:

 

Galamour Limited of 54 Read Street, Levin, Horowhenua 5510

(the Vendor)

AND

Robt. Jones Holdings Limited – RJH Gym of Solnet House, 70 The Terrace, Wellington, Wellington Central 6011

(the “Client”)

 

BACKGROUND:

The Vendor has the necessary qualifications, experience and abilities to provide SARS-Cov-2 (Covid-19) Rapid Antigen Testing services to the Client. The Vendor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

 

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Vendor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

 

Services Provided

  1. Vendor is contracted to perform cleaning services as provided in this Agreement, at the following location:

Solnet House Level 1, 70 The Terrace Wellington

Contact Number: (04) 473 5683

  1. The service will be performed five (5) times per week every Monday, Tuesday, Wednesday, Thursday, and Friday.
  2. Vendor shall perform the following services:
Female/Male Bathrooms and Changing Rooms Daily Weekly Other
Clean all doors, door fittings, window sills, panels and light switches
Clean mirrors ensuring no streak marks
Clean/disinfect pans, bowls, seats, urinals, fixtures and fittings
Clean/disinfect all hand driers, soap and towel dispensers
Clean/disinfect bench top, vanity unit and surrounds
Clean/disinfect sinks, plug holes, scrub and polish taps
Clean faces and tops of cabinets and partitions
Empty rubbish bins/replace bin liners
Clean extraction grill on ceiling (removal of dust)
Replenish bathroom stock – paper towels/soap
Vacuum and wash bathroom floor
Wipe down locker doors and wooden seats
Spot clean marks from walls and surrounds
Female/Male Showers
Clean/disinfect showers – floor, skirting, walls, mixer, and drain
Clean marks off walls
Clean/disinfect pans, bowls, seats, fixtures and fittings
Replenish bathroom stock -soap
Gymnasium
Spot clean marks from walls
Vacuum carpet area
Clean extraction grill (removal of dust)
Wipe down glass entry door
Wipe down ledges and skirting boards

 

  1. The Vendor agrees to bring defective or inoperable building equipment to the attention of Client such as:
  • Leakage of plumbing;
  • Defective lights or lighting;
  • Doors and/or gates not properly secured; or
  • Other unusual circumstances such that might affect the security, maintenance or effectiveness of the facility.
  1. All emergency cleaning can be accomplished by telephoning Vendor on Insert Galamour’s Number, seven (7) days per week, twenty-four (24) hours per day e.g.
  • Smoke damage
  • Water damage

 

Consideration

  1. For performance by Vendor of the Services described, Client agrees to pay Vendor the monthly sum stated below, on the last day of each month for which the service is rendered. 
  2. For the Services described in Clause 3 of this Agreement, Client shall pay monthly consideration to Vendor in the sum of $_____.

 

Supervision and Conduct of Vendor’s Employees

  1. Vendor will stay in close contact with Client’s management concerning all work performed.
  2. All Vendor’s personnel will be trained and supervised to achieve quality standards.
  3. All Vendor’s personnel are subject to a security background clearance check and are required to wear photographed identification badges while attending to Client’s premises.
  4. Vendor’s representatives will work closely with Client’s management in regard to the use of acceptable personnel.
  5. Vendor’s personnel will check to ensure that Client’s building is properly secured before they leave.

 

Term of Agreement

  1. This Agreement will terminate automatically upon completion by the Vendor of the Services required by this Agreement.

 

Force Majeure

  1. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The terms Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

 

Dispute Resolution

  1. The parties will attempt to resolve any dispute arising out of or relating to this Agreement using the following Alternative Dispute Resolution (ADR) procedure: Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 

 

Confidentiality

  1. The Vendor, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. The Vendor and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.

 

Amendment

  1. This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.

 

Severability

  1. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

Applicable Law

  1. This Agreement shall be governed by the laws of New Zealand.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this _____ day of _______________, 2021.

 

Insert Name of Galamour Limited’s Representative Signature: ______________________________

Insert Title of Galamour Limited’s Representative Date: __________________________________

 

Insert Name of RJH’s Representative Signature: ______________________________

Insert Title of RJH’s Representative Date: __________________________________

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