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THIS GENERAL SERVICE AGREEMENT (the "Agreement") dated this 12 day of July, 2023
BETWEEN:
CLIENT CONTRACTOR
3695 Pine Ave Niagara Falls, NY 14301 4040 Broadway St Ste 240-140 San Antonio, TX 78209
BACKGROUND
A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to
provide services to the Client.
B. The Contractor 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
Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
SERVICES PROVIDED
1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the
"Services"):
The Services will also include any other tasks which the Parties may agree on VIA EMAIL. The Contractor hereby agrees
to provide such Services to the Client.
TERM OF AGREEMENT
2. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full
force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement.
The Term may be extended with the written consent of the Parties.
PERFORMANCE
3. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY
4. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US
Dollars).
COMPENSATION
5. The Contractor will charge the Client a flat fee of 42,770.00 for the Services (the "Compensation").
6. A deposit of $8,554.00 (the "Deposit") is payable by the Client upon execution of this Agreement. (In case there is no
any proof of deposit to the bank accounts of the company indicated by email, the Agreement is automatically
terminated)
a. East & West Indian Restaurant Inc.; 3695 Pine Ave Niagara Falls, NY 14301
b. Vimar Trailers; 4040 Broadway St Ste 240-140 San Antonio, TX 78209
or to such other address as either Party may from time to time notify the other, and will be deemed to be
properly delivered (a) immediately upon being served personally, (b) two days after being deposited with
the postal service if served by registered mail, or (c) the following day after being deposited with an
overnight courier.
INDEMNIFICATION
18. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted
by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective
directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against
any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees
and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the
indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and
permitted successors and assigns that occurs in connection with this Agreement. This indemnification will
survive the termination of this Agreement.
MODIFICATION OF AGREEMENT
19. Any amendment or modification of this Agreement or additional obligation assumed by either Party in
connection with this Agreement will only be binding if evidenced in writing signed by each Party or an
authorized representative of each Party.
TIME OF THE ESSENCE
20. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a
waiver of this provision.
ASSIGNMENT
21. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations
under this Agreement without the prior written consent of the Client.
ENTIRE AGREEMENT
22. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this
Agreement except as expressly provided in this Agreement.
ENUREMENT
23. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs,
executors, administrators and permitted successors and assigns.
TITLES/HEADINGS
24. Headings are inserted for the convenience of the Parties only and are not to be considered when
interpreting this Agreement.
GENDER
25. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the
feminine and vice versa.
GOVERNING LAW
26. This Agreement will be governed by and construed in accordance with the laws of the State of Texas.
SEVERABILITY
27. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole
or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or
unenforceable parts severed from the remainder of this Agreement.
WAIVER
28. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the
other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
MANUFACTURERS WARRANTY
29. The Warranty Period for Physical Goods purchased from Vimar Trailers is 1 year from the date of pick up. This
Limited Warranty covers any defects in the building of the trailer or workmanship under normal use during the Warranty
Period. During the Warranty Period, Vimar Trailers will repair or replace building parts of the trailer that proves
defective because of improper building or workmanship, under normal use and maintenance. This Limited Warranty
does not cover any electrical parts.
29.1 Is the customer responsibility notify Vimar Trailers immediately of any issues related to the warranty, send proof
via email and to get a local quote of the repair to have it approved by the factory before any work is done. Vimar Trailers
has 48hrs to approve/deny the claim.
30. All kitchen equipment are covered under their own Manufacturer Warranty Policy.
CREDIT/DEBIT CARD PAYMENT
31. A 20% down payment is required to take an order, this can be paid with debit or credit card however, the 80%
balance must be paid via wire transfer or cashier’s check. No cash, money order and no card will be accepted.
32. In case of any issue with the bank regarding the payment after the trailer was delivered, Vimar Trailers has the right
to repossess the trailer at any time without previous notice.
RETURN/ORDER CANCELLATION POLICY
33. The client has 30 days after receiving the trailer to proceed with the “30-day satisfaction guarantee”.
(No Questions Asked) The return/cancellation order policy will apply a 12.9% fee over the total price of the invoice.
33.1 Buyer is responsible to pay full shipping (if ordered) in order to apply for the 30-day satisfaction guarantee.
33.2 The trailer must be returned in the same condition as received for inspection to Vimar Trailers in San Antonio, TX
In case something is missing/broken from the original Service Agreement Vimar has the right to deduct the full value
from the refund. All paperwork related to the trailer must be included.
34. A fee of 15% of listing price will apply if ordered equipment is returned before trailer is delivered. After trailer is
delivered equipment returns are not accepted.
TAXES, FEES, TITLE AND REGISTRATION
35. Fees may be collected by your local DMV (if applicable). Title, Temporary tag and Registration fees are the Client
responsibility. Vimar does not previously register the trailer in any State. Vimar provides MCO (Manufacturer Certificate
of Origin) and VIN number needed in time of registration.
HEALTH DEPARTMENT INSPECTION
36. Trailers are manufactured to comply with the State Health Department in all 50 States. These are guaranteed to pass
inspection in Texas.
STORAGE FEE
37. The client has 5 business days to pick up the trailer after the client´s confirmation date. If the client doesn´t pick up
the trailer, starting the 6th day, there will be a charge of $175 per week at client´s own expenses until the trailer is
picked up.
37.1 In case that the customer cancels the trailer’s purchase for any reason, the storage fee still applies .
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 12 day of July, 2023
in the accorded amount of $42,770.00
_______________________________
Jasbir Dhiano (Jul 12, 2023 14:57 CDT) _____________________________________
Created: 2023-07-12
Status: Signed
Agreement completed.
2023-07-12 - 7:57:23 PM GMT