Atmospheric Cooling Solution Pvt ltd.

63/1A, SARAT BOSE ROAD

Kolkata- 700025
Telefax: (033) 2475-1812
Tele Ph: 983977000/ 76000
E-mail: [email protected] /
[email protected] GST:19AARCS2641H1ZZ

Ref. No.:

Date:

M/S.

GSTIN No.:

K/A:-

PH:
Sub: ANNUAL MAINTENANCE CONTRACT OFFER FOR AIRCONDITIONER
Dear Sir,
We thank you for your interest in Annual Maintenance Contract (AMC). Contract scheme here under:
For the purpose of this AMC, we shall be referred to as "Service Provider" and you shall be referred to as
"Client". That the "Service Provider" and the "Client" are individually referred to as "Party" and collectively
as "Parties That Air-conditioning systems shall be referred to as Equipment’s/Air-conditioning
Equipment’s.
That Annual Maintenance Contract shall be for Client premises/site as mentioned below:

Client's Premises: ________________________________________________________

NOTE: CONTRACT PERIOD :01/12/2020 TO 30/11/2021
COMPREHENSIVE AMC

Make Area Tonnage Qty MRP/Unit Discount/ After Total

Unit Discount

0.00

Basic 0.00

ADD

Total 0.00

FOR NEFT & RTGS

Name of the Beneficiary: ATMOSPHERIC COOLING SOLUTION PRIVATE LIMITED
Name of the bank INDIAN OVERSEAS BANK
Address of the Branch: 63/1A, SARAT BOSE ROAD, LANSDOWN MARKET, KOL-700025.
NEFT / RTGS IFSC Code : IOBA0000135
Account Type : CURRENT A/C
Account No. : 013502000002163
I. NON COMPREHENSIVE MAINTENANCE CONTRACT:

A)The following services will be provided under the AMC:

 3 (THREE) routine services.

 Immediate attendance of break down, if any
 Refrigerant Gas charging, if necessary

B) The following Spare Parts shall be replaced free of cost in case of any breakdown during the AMC
period
1. Compressor (If Under warranty) 2. Fan motor 3 P.C.B 4. Magnetic Switch 5.
Transform 6. Others Electrical parts of A/C Units

C. Following Spare parts, which are not covered under Annual Maintenance Contract schemes are as
follows:
1) Plastic Items 2) Sheet Metal Parts 3) Condenser & Evaporator Coils 4) Remote Control 5) Voltage
Stabilizer and scanners 6) Circuit Breaker 7) Tharmocol parts
2. Payment Terms:
100% of the Contract value including taxes, in advance by cheque /DD in favour of Atmospheric Cooling
Solution Pvt Ltd. Please do not make payment in cash.

3. AMC Period & Validity:

Services under AMC will commence from the date of signing of AMC subject to realization of cheque. In
case AMC starts after expiry of warranty period, AMC acceptance will be after inspection of the air
conditioners by our engineers.

4. Other Terms and Conditions:

A).Call Centre Facility: Calls may be registered between 9:30 AM to 7:00 PM at our call centre. Number-
9830976000/9830977000/9830978000
B).Response Time: If Breakdown call is received before 3.00 PM, it shall be attended on the same day. If
the call is received after 3.00 PM, it will be attended by 12.00 NOON on the next day.
C).General Terms:

1. Routine maintenance and proper operation of the Air conditioners, including regular cleaning of
Air filters shall be ensured by the user.
2. The user shall be responsible for providing appropriate electric power supply to the air
conditioners. Voltage supply at 230V +/- 5% variation for single phase and 415 V +/- 5%
variation for three-phase supply shall be considered appropriate. In case of three-phase supply,
proper load balancing shall be ensured by the user.
3. The user shall be responsible for maintaining circuit breakers and voltage stabilizer for stable
power supply. In case of any problem, user shall attend to the same.

4. Routine servicing and repair shall only be done by Atmospheric Cooling Solution
5. AMC shall not be applicable to any accessory external to the air conditioners.
6. The Service Provider/authorized dealers shall not be liable for any consequential/liquidating
damages or losses due to failure or inadequate performance of air conditioners for any reason,
whatsoever, under the AMC.
7. Only air conditioning equipment installed at the above mentioned location shall be covered the
AMC. That if the Client wishes to Shift the Air-conditioning equipment’s to some place other than
where the air conditioning equipment's are already installed, the Client shall do such shifting at its
own cost and risk and as per the instructions of the Service Provider. That the Service
Provider/authorized dealer shall carry out re-installation of Client's Air conditioning equipment's,
at an extra cost to be borne by the Client. In case during AMC period, shifting of air-conditioning
equipment’s by the Client is not done in accordance with the instruction of Service Provider
and/or re-installation is done by third parties (other than Service Provider/authorized dealer),than
notwithstanding anything to the contrary contained in this AMC, this AMC shall stand terminated
at the option of the Service Provider and no refund shall be permissible for the remainder period.
 8. This AMC is valid to carry out maintenance and repair work at the Premises mentioned in this
AMC In the case of maintenance and repair works are to be carried out at Service Provider's
place, the Client agrees to follow the process of disconnecting, packing and transporting the
Equipment’s at his own costs and risks. Any damages caused to the Equipment’s during
disconnecting, packing and transporting shall be not covered either in this AMC or any other
agreement or contract including but not limited to sale or warranty agreement between the Client
and Service Provider. After performing the required maintenance and repair works and under
intimation by the Service Provider, the Client undertakes to pack and transport the Equipment’s
within 24 hours from the time of such intimation to his premises at his own costs and risks. The
Service Provider reserves the right to charge reasonable rental to the Client and the Client is
liable to pay this rental, in case the Client fails to take the Equipment’s back within such 24 hours
period.
9. The AMC is not transferable.

5.Termination:
a) Either party shall be at liberty to terminate the AMC, without assigning any reason after serving one
month’s notice.
b) In case of termination by the user, the Service Provider shall refund basic AMC amount for the
unexpired period subject to cancellation charges equal to 10% of the original basic amount.

c) Services provided for part of the month shall be treated as provided for the full month.
d) No refund of taxes, collected at the time of signing of AMC shall be permissible.
6.Force Majeure Clause:
Failure to provide services or perform obligation under AMC shall not be construed as breach of the AMC
Due to Force Majeure conditions as a result of Act of God, lightning, fire, storm, floods, earthquake; Act
of public enemy, war (declared or undeclared) terrorism, sabotage, riot, insurrection, epidemic; strike;
lockout, industrial disturbance or any conditions arising from similar causes beyond the Service
Provider’s control.
7.Arbitration :
Any controversy, claim or dispute between the parties arising out of this AMC will be settled exclusively
and finally by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Parties shall
appoint sole arbitrator with mutual consent. The arbitration proceedings shall be conducted in english
language. The expenses of the arbitration will be shared equally by both parties.
8.Obligations of Client :
The AMC shall become null and void in case the EQUIPMENT/ S is/ are shifted from its original place of
installation, or the right of property is transferred to another individual or legal person under any law of
India, or is misused or, dismantled or, altered or, serviced by anybody other than the Service Provider's
authorized maintenance staff or authorized service dealer without the express consent in writing from the
Service Provider. However, costs and risks of such activities by the Client shall be borne by the Client.

9.Confidentiality :
Each of the Party to the present AMC shall (i) safeguard and protect the other’s confidential information,
ancillary/related to present AMC and received and/or obtained during the course of service being
provided under the present AMC (ii) Segregate material containing confidential information from the
materials of others (obtained if any during the course of the present Contract) and to return the
confidential information in case it is no longer needed to perform the obligation or the other’s request.
Each Party to the AMC shall make proper disclosure inform the other immediately on becoming aware of
any unauthorized use or disclosure of the confidential information obtained.
10. Limitation of Liability :
Before undertaking the Services, the Service Provider reserves the right to verify and examine the
Equipment’s that such Equipment’s are in a Serviceable state. The Service Provider's liability under this
AMC shall be limited to the Equipment’s are in good working conditions and no other liability,
whatsoever, financially or otherwise. The Service Provider's liability under this AMC does not extend to (i)
Working by persons other than the Service Provider's authorized personnel on the Equipment’s except
for running the Equipment’s (ii) Any upgradation of the Equipment’s without written consent of the
Service Provider, expressly. (iii) Any work carried out, externally or internally, to the Equipment’s like
power supply, denting, painting etc. (iv) On termination of this AMC, the Service Provider’s obligations
are terminated in entirety. This AMC extends only to problems arising out of normal functioning of the
Equipment’s and does not cover maintenance and repair of any parts damaged due to natural calamities,
fire, flood etc., theft, accidents, riots etc., misuse, environmental conditions, unsuitable use of electronic
equipment’s, use of any equipment’s, not recommended by the Service Provider. Services do not cover
accessories
external to the Equipment’s. Any other kind of consequential /liquidated damages, loss of any kind
whatsoever are not covered under this AMC.
11. Compensation for Hiring Employees:
Neither Party can hire, appoint and employ any employee of the other Party under any terms of
appointment or employment, either contractually or as an employee, during the tenure of this AMC or
within six (6) months of expiry of this AMC. In such a case the other Party shall have to pay
compensation equal to twelve (12) months of total salary, irrespective of nomenclature used under terms
of contract between the employee and aggrieved Party, to the aggrieved Party.
12. Entire Contract:
Not withstanding anything contained to the contrary under any previous agreement whether verbal or
written, work order etc., this AMC with all its appendices shall constitute the entire agreement between
the Parties as to the subject matter hereof and it cancels and replaces any prior oral or written agreement
on the same subject.
13. Remedies under the Contract:
Each Party hereto agree that any remedy or right conferred upon either Party for breach hereof shall be
in addition to and without prejudice to all other rights and remedies available to it, whether under law or
otherwise.
14. Governing Law:
This AMC shall be a contract under the laws of India and for all purposes shall be governed by and
construed and enforced in accordance with the laws of India and shall be subject to jurisdiction of Courts
at KOLKATA.
We look forward to receiving your valuable AMC which will receive our prompt attention and continue to
provide you satisfactory service.

SIGNATURE

FOR Atmospheric Cooling Solution Pvt ltd