SERVICE CONTRACTOR AGREEMENT

Transcription

1 SERVICE CONTRACTOR AGREEMENT THIS SERVICE CONTRACTOR AGREEMENT is entered into as of the day of, 20, by and between HOME WARRANTY OF AMERICA, Inc, an Illinois corporation ( HWA ), and, a(n) corporation ( Service Provider ). R E C I T A L S A. HWA is engaged in the business of selling home warranty contracts primarily to homeowners ("Contracts"). B. Service Provider is knowledgeable and experienced in all aspects of providing certain services as set forth on Exhibit A attached hereto (the Services ). C. HWA desires to engage Service Provider, and Service Provider desires to accept such position as an independent contractor with HWA, upon the terms and subject to the conditions hereinafter provided. A G R E E M E N T NOW, THEREFORE, in consideration of the foregoing Recitals and mutual promises herein contained, the parties agree as follows: 1. Independent Contractor. HWA hereby agrees to engage Service Provider, and Service Provider hereby agrees to accept such engagement. In the performance of the work, duties and obligations hereunder, Service Provider will at all times be acting as an independent contractor, and nothing in this Agreement shall be construed or deemed to create a relationship of employer and employee and Service Provider does not have the authority to bind or commit HWA. 2. Duties. A. During the term of this Agreement, Service Provider shall: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) Provide the Services on an as-needed basis and as requested by HWA; Contact homeowner who has been issued a Contract ( Homeowner ) immediately (within no more than 4 hours on weekdays and 24 hours on weekends) of being notified in writing by HWA of a claim to inquire as to the nature of the claim and to schedule a service appointment; Provide detailed billing and invoicing to HWA for all services provided by Service Provider to Homeowner; Inform HWA in writing of any problems or difficulties experienced while providing services to Homeowner; Prior to performing services which will exceed $50, contact an authorized representative of HWA for authorization ("Authorization"); Contact HWA at least two weeks prior to taking any scheduled vacation or other leave of absence; Guarantee your work, parts (90 days) and labor (30 days); Provide service technicians that are fully and adequately trained to perform the Services; Use replacement parts which are equal or better than factory replacement parts; Not bill HWA for Service covered under the manufacturer s warranty, either parts or labor; Provide indemnification and insurance as provided for herein; Devote reasonable efforts and necessary business time and attention to service Homeowners as referred to Service Provider by HWA; and Provide repair service in accordance with Service Provider Protocol as set forth on Exhibit A attached hereto and made a part hereof. B. During the term of this Agreement, HWA shall: (i) (ii) (iii) Provide a toll free 800" number, for verification and Authorization; Provide prompt payment of your invoices within thirty (30) days of receipt if services were with proper Authorization and properly completed; and At its sole discretion, refer Homeowners to you who are located in your geographical service area.

2 3. Compensation. During the term of the Agreement, HWA agrees to pay to the Service Provider, subsequent to the receipt of an invoice detailing the services provided to a Homeowner, a fee for services in accordance with the fee arrangement more specifically set forth on Exhibits A&B attached hereto and incorporated herein. 4. Indemnification and Insurance. (a) Service Provider agrees to indemnify and hold harmless HWA and its successors, assigns and affiliates (collectively the Indemnities ), from any and all claims, actions, expenses or liabilities that arise as a result of Service Provider s Services to any Homeowner or third party referred to Service Provider by Company which involve or threaten any Indemnities, as parties or otherwise, that are in any way based upon Service Provider s Services and/or duties or failure to satisfy any of its obligations hereunder. (b) Service Provider shall maintain insurance coverage (including general liability insurance) and bonding as usual and customary in Service Provider s industry in connection with the providing of the Services. In addition, Service Provider shall name HWA as an additional insured thereunder and provide Company with a certificate evidencing such. The failure to maintain any such insurance or bonding during the term hereof shall constitute a default hereunder by Service Provider. 5. Representations. In further consideration of entering into this Agreement, Service Provider represents and warrants the following to HWA: (i) Service Provider and its agents and employees are presently licensed and/or certified by the appropriate governmental authorities to provide the Services; (ii) In the event Service Provider or any of its agents or employees have their license or permit suspended, revoked or cancelled, Service Provider will inform HWA immediately and Service Provider will not provide Services to Homeowners until such proper permits or licenses are reinstated; and (iii) Service Provider s Federal Taxpayer Identification Number/Social Security Number is:. 6. Miscellaneous. If any provision of this Agreement shall be held invalid or unenforceable, the remainder shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. This Agreement contains the entire agreement and understanding of the parties concerning the subject matter hereof, and no representations, promises agreements or understanding, written or oral, not contained herein shall be of any force or effect. Service Provider shall not disclose the terms of this Agreement to any person. If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation in good faith, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Industry Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. IF SUCH DISPUTE CANNOT BE RESOLVED, THE VENUE FOR SUCH MEDIATION SHALL IN AN AGREED CITY AND STATE OTHER THAN IN A VENUE WHERE EITHER PARTY IS INCORPORATED OR WHERE THEIR PRINCIPAL PLACE OF BUSINESS IS LOCATED. THE PARTIES HEREBY WAIVE THEIR RIGHTS TO A JURY TRIAL AND ALL DISPUTES HEREUNDER WILL BE RESOLVED BY A COURT OF COMPETENT JURISDICTION. HWA with regard to any mediation, action or proceeding brought to enforce compliance with this Agreement or to enforce and collect on any judgment entered pursuant to this Agreement shall be entitled to recover from Service Provider all costs associated thereunder, including reasonable attorneys fees. The Recitals are hereby incorporated by reference in and form a part of this Agreement. above. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year written HOME WARRANTY OF AMERICA, L.L.C. By: Its: (Service Provider) By: Its

3 A: Expertise of Service provider Residential heating and air conditioning, electrical, plumbing, appliance repair services, garage door opener, roof repair, pool and spa repair, subterranean termite/pest control, well pump, septic system, Drywall, Burglar/Fire Alarm Perform Emergency Service ( Yes, No ) B. HOURS, RATES, PERSONNEL Hours of Operation Weekdays Saturdays Sundays Office Hours: : a:m To : p.m : a:m To : p:m : a:m To : p:m Regular Rate Service Hours: : a:m To : p.m : a:m To : p:m : a:m To : p:m Overtime Hours : p:m To : a.m : a:m To : p:m : a:m To : p:m Staffing Receptionist Receptionist Receptionist Answering Service Answering Service Answering Service Cell Phone Cell Phone Cell Phone I would like to Receive Service Calls Via: Fax Phone Rates Labor Rate $ First Hour Labor Rate $ (First Hour Includes 60 minutes in the home) Overtime 1 st Hr Labor Rate $ (First Hour Includes 60 minutes in the home) Minimum Charge $ (Per Claim) Mark Up % % Number of Service Technicians Uniformed Shirts Yes No Service Vehicles Identified Yes No Personnel Number of Service Trucks Contractor Information Company Name: Contact Person: Address: Phone #: Fax#: Cell Phone #: Address: The above rates will remain in effect for one year and HWA must be notified in writing of new rates Name: Signature: Date:

4 C. Covered Item Detail Heat License # Electrical License# Description Yes No Description yes No Heat Radiant Electrical Panel Heat Boiler Exhaust Fan Heat Oil Ceiling Fan Heat Forced Smoke Detectors/Alarm Heat Pump Door Bells Package Heat Pump Burglar Alarms Duct Work Air Conditioning License # Plumbing License # Description yes No Description yes No Forced Air, Electric Stoppages/Clogs Evaporative Cooler Mainline Stoppage Window Unit Water Heater Wall Air Tankless Water Heater Crane Sewage Ejector Pump Heat Pump Drywall Repair Garbage Disposal Septic License # Whirlpool Motor/Pump Description yes No Well Pump Septic Tank Pumping Pool/Spa License # Septic System Repair Description yes No Above Ground In Ground Appliances License # Please list any Brand of Appliance you do not work on Description Yes No Brand Name Built In Microwave Dishwasher Garbage Disposal Refrigerator Refrigerator Compressor Kitchen Exhaust Fan Trash Compactor Range Oven Cooktop Washer Dryer Ice Maker Central Vacuum

5 D: SERVICE PROVIDER PROTOCOL Upon receipt of notification of a claim by HWA, Service Provider shall: 1) Contact Homeowner to: Schedule appointment 2) Advise HWA of scheduled appointment. 3) Upon arrival at Homeowners: a) Confirm coverage; b) Assess anticipated repair costs: (i) if less than $50, perform repair services; (ii) if $50 or greater, contact HWA for service Authorization. c) Collect service fee from Homeowner d) Advise HWA, in writing, of the completion of the service call and details related thereto. e) Forward detailed invoice to HWA for balance of repair costs. (i) The following must be included on all invoices: Claim Number Property Address Time In Time Out Total Time Hourly rate Total Labor Parts cost Mark-up on cost Total Parts Cost Total Job Cost Deductible Paid HWA Cost _3.DOC 12/11/2009