TERMS & CONDITIONS OF THE CHP MAINTENANCE PROGRAM

​

1. DEFINITIONS

• For the purpose of the CHP Maintenance Agreement the following words and phrases have the meanings detailed below:

• Dealer: Authorized GSS dealer or other approved service provider as appointed by the Company

• Agreement: these terms and conditions described as the "CHP Maintenance Program" and the Schedules to these terms and conditions.

• Combined Heat and Power, Cogeneration, or CHP Unit: It is a natural gas internal combustion reciprocating engine connected to an alternator providing electricity and heat.

• Company: GSS Integrated Energy Ltd., whose registered office is at 2004 Sherwood Drive, Sherwood Park, Alberta, T8A 0Z1.

• Commencement Date: The date stated in the Schedule “A” on which this Agreement will commence.

• Equipment: The Combined Heat and Power Cogeneration Unit, full details of which are set out in the Schedule “B” to this Agreement.

• Monthly Fee: The amount referred to in the Schedule “A” as the "Amount of Each Subsequent Payment"

• Permission to Monitor: The option to have remote monitoring and control of operating system and notification of system performance by GSS.

• Engine Operating Hours: Engine run hours as determined by the CHP operating system.

• Repairs: Any work and parts (not being Routine Maintenance) necessary to remedy any defects to the CHP.

• Renewal Notice: Renewal notices will be sent 90 days in advance of the contract expiration date.

• Renewal: This agreement will remain in effect until it is cancelled in writing by either party.

• Routine Maintenance: The service and inspection of the CHP carried out at intervals specified by the manufacturer as set out in the Schedule “B” of your sales contract. Referred to as "Inspection Intervals" including any adjustments - excluding any Repairs.

• Service Technician: The person qualified to perform the services required to maintain the Combined Heat and Power Cogeneration Unit.

• Termination Date: The date specified as such set out below.

 

2. OBLIGATIONS OF THE COMPANY

• Maintenance: The basic maintenance agreement entitles the customer to routine maintenance service between 8:00AM and 5:00PM local time Monday through Friday exclusive of local public holidays.

• Parts: To provide approved parts and consumables as recommended by the manufacturer.

• Notice: To provide the Owner with reasonable notice of upcoming service & inspection maintenance. 

 

3 OBLIGATIONS OF THE OWNER

• Availability of the Unit for Maintenance: To make the CHP available to the company at the times required for routine maintenance and inspection. Failure to provide the access for routine maintenance may result in the termination of this agreement.

• Service Delay: In the event of any delay between the giving of advice by the company that routine maintenance should be carried out and the availability of the CHP for the routine maintenance, the owner must not use the CHP in any way in which, in the opinion of the company, would be detrimental to the CHP.

• Work Authority: To only have routine maintenance and repairs done by the company's authorized service technicians unless otherwise agreed by the company.

• Change of Location: To advise the company of any change of location of the CHP.

​

4 CHP MAINTENANCE PROGRAM FEE & PAYMENT

• Payment: The owner will pay to the company by credit card each month, as per the payments set out in the Maintenance Program Fee. The first payment is to be paid on the day of signing the Agreement. In the event that the owner’s payment fails, the company reserves the right to charge an administration fee of $25.00 for every occasion on which the company is unsuccessful in a reasonable attempt to collect payment from the Owner.

• Interest on Late Payments: Interest will be charged on any amount outstanding from 30 days after the due date, the same becomes due until payment, at the rate of 12% per annum. and such interest shall be due and recoverable from the Owner.

 

5 GENERAL TERMS

• All equipment to be included under this agreement shall be listed on the Schedule “A” of the Maintenance Program Agreement.

• This agreement is effective from the commencement date and shall continue for a minimum term of 5 years.

• If the Invoice for contract service is not paid within net thirty (30) days, the contract service will be suspended. Customer will be contacted by a representative from GSS to resolve the outstanding invoice.

• Contract may be canceled if not paid or resolved within 60 days from date of the invoice.

• To restart a contract after it has been canceled, a pre-contract inspection is required plus payment of the balance due on the canceled contract and payment in advance for the new contract.

• The contract service will be invoiced in advance of the service period for the full-service period.

• All Routine Maintenance will be carried out during the Service Technician’s normal working hours unless otherwise specified in the Schedule. 

• Dates for Routine Maintenance are specified by the Service Technician but may vary with prior approval of the Company and the Owner. No priority is given to the Owner in respect of Routine Maintenance. 

• Any costs incurred as a result of the Owner's failure to keep to an appointment in respect of Routine Maintenance, or as a result of a request that the Routine Maintenance be done urgently, are not covered by the Agreement and may be a direct charge to the Owner. In the event that the Company should pay those costs, the Owner shall reimburse the Company immediately.

• The Operator agrees to indemnify the Company against all claims, demands, action proceedings, costs, damages, and liabilities arising in or out of failure by the Owner to instruct any authorized Service Technician to carry out any Work (whether or not the same falls within the terms of this Agreement) recommended by the Company in respect of any defects caused by or resulting from accident damage or negligence of the Owner, or any third party.

• The CHP Maintenance Program is not an extended warranty, nor does it cover repair service.

 

6. TERM

• This agreement is effective from the commencement date and shall continue for a term as referred on the 1st page of the CHP Maintenance Agreement .

• This contract is for a minimum term of 5 years and automatically renews annually, unless cancelled by the Owner within 90 days prior to the anniversary or renewal date, however GSS or the customer may cancel at any time with thirty (30) days written notice.

• If the Invoice for contract service is not paid within net thirty (30) days, the contract service will be suspended. Customer will be contacted by a representative from GSS in order to resolve the outstanding invoice.

• Contract will be canceled if not paid or resolved within 60 days from date of the invoice.

• To restart a contract after it has been canceled, a pre-contract inspection is required plus payment of the balance due on the canceled contract and payment in advance for the new contract.  The contract service will be invoiced in advance of the service period for the full service period.

 

7. RENEWALS

• All prices are subject to change on the anniversary date of the contract.

• The customer will be notified sixty (60) days in advance.

•  The CHP Maintenance Program is fully transferable provided the membership is current and uninterrupted.​

​

​

​

​

 

​

​

​

​

​

​

​

​

​

​

​

​

​

​

Thank you for supporting the world's transition to sustainable energy!