The contract
Equipment service agreement
This is an Equipment Service Agreement between your business and Coldline Refrigeration Services, Inc. The Provider will inspect, maintain, and repair your commercial refrigeration equipment quarterly and respond to emergency calls within 24 hours. You pay $640 per month, due within 15 days, with 2% monthly interest on late payments. The contract runs for an initial 24-month term and automatically renews for successive 24-month terms unless you give written notice of non-renewal at least 120 days before the end of the current term, with the monthly fee increasing 12% at each renewal. The Provider can terminate the agreement at any time, for any reason, effective immediately, while you can only terminate for the Provider's uncured material breach. You must indemnify the Provider for essentially all claims — including those arising from the Provider's own negligence. The individual signing on behalf of your business personally and unconditionally guarantees all amounts owed, without limit as to amount or time. The agreement is governed by Ohio law.
Provider may terminate this Agreement at any time, for any reason, upon written notice to Customer, effective immediately.
The Provider can end this agreement immediately, for any reason or no reason, with no cure period and no opportunity for you to fix anything first — while you can only terminate for the Provider's uncured material breach. This is a one-sided exit right that could end your refrigeration service relationship at any moment, which is a serious operational risk for a business that depends on working refrigeration equipment.
Language you could proposeYou could propose replacing the termination section with: "Either party may terminate this Agreement for material breach upon thirty (30) days' written notice specifying the breach, provided the breaching party fails to cure the breach within that thirty (30) day period. Either party may also terminate without cause upon ninety (90) days' written notice to the other party."
Questions asked about this contract
Redline answers only from the document. When the text doesn’t cover something, it says so instead of guessing.
How do I stop this agreement from renewing?
To stop the agreement from renewing, you must give written notice of non-renewal at least 120 days before the end of the current term. Since the initial term is 24 months and it renews automatically for successive 24-month terms, you would need to send that written notice at least 120 days before the end of the initial 24-month term (or before the end of any renewal term).
This Agreement has an initial term of twenty-four (24) months and renews automatically for successive twenty-four (24) month terms unless Customer gives written notice of non-renewal at least one hundred twenty (120) days before the end of the then-current term.
Does the monthly fee cover replacement parts?
Not in the document
The document doesn't say whether the monthly fee covers replacement parts. It only states the monthly service fee amount and payment terms, without specifying what the fee includes or excludes.
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