Exclusions & Additional Services Clause Samples
The Exclusions & Additional Services clause defines which services are not included under the main agreement and specifies any extra services that may be provided for an additional fee. In practice, this clause lists tasks or deliverables that fall outside the standard scope, such as specialized consulting, expedited delivery, or third-party integrations, and outlines the process for requesting and pricing these extras. Its core function is to set clear boundaries on the parties' obligations, preventing misunderstandings and disputes over what is covered by the contract and what requires separate negotiation or payment.
Exclusions & Additional Services. The Services do not include:-
Exclusions & Additional Services. (4.1) The Services do not include:
a) Repair of damage arising from the act, er- ror, fault, neglect, misuse, improper operation or omission of the Customer or its servants, agents, contractors or invitees or any person whether or not that person is under the control or direction or authority of the Customer.
b) Repair of damage arising from changes, alterations, additions or modifications of the Equipment by a person other than LemnaTec or its personnel.
c) Repair of damage caused by incorrect power supply, failure of electrical power, air- conditioning, humidity control or any environ- mental factor.
d) Repair of damage caused by the operation of the Equipment other than in accordance with the specifications or otherwise than in ac- cordance withthe direction, instruction or rec- ommendations of LemnaTec or its personnel.
e) Repair of damage arising from the re-instal- lation, moving or removing of the Equipment by a person other than LemnaTec.
f) Repair of damage caused by any circum- stances beyond LemnaTec reasonable control.
g) Furnishing or supplying maintenance of accessories, attachments, supplies, spare parts, consumables or items associated with the Equipment unless otherwise provided in Schedule 3.
h) Transportation charges, whether for air, sea or land transport for Services carried on within or outside Germany.
i) Work performed outside LemnaTec Service Time.
j) The cost of any Equipment or part whether spare art, consumable or otherwisesupplied, unless otherwise provided in Schedule 3.
k) The upgrading of or retrofitting of improve- mentsor major modification to the Equipment.
(4.2) LemnaTec may at the Customer’s op- tion provide any of the services referred to in clause 4.1 or any other services requested by the Customer, atthe relevant Additional Charge. LemnaTec shall inform the Customer of the associated Additional Charge, and the Customer shall accept the Additional Charge in writing before the services are performed. The Additional Charge shall be payable by the Customer according to clause 7.2.
Exclusions & Additional Services. The following items are excluded from our work. Some items can be provided as Additional Services if required. • Time or travel for site visits or meetings not indicated above. • Printing or shipping. This proposal assumes all deliverables will be electronic. • Preparation of book specifications. • Project management (i.e. preparation of design or construction schedules, meeting minutes, management of other consultants, filing or submittal of documents, etc.) • Services related to sustainable design, LEED, etc. • Architectural design, detailing or code analysis. • Geotechnical engineering or preparation of soils reports. This proposal assumes information in the as-built drawings will suffice and a soils report will not be necessary. • Site civil engineering (i.e. site plans, grading, utilities, etc.) including design and detailing of site structures or elements outside the building footprint. • Design or detailing of support, bracing and anchorage for non-structural components that are not specifically indicated as being included in our scope of work (i.e. mechanical / plumbing / piping / electrical equipment and distribution systems). • Design or detailing of major structural retrofits or reinforcements. This proposal assumes the proposed improvements will be planned and designed to work with the inherent capacities and limitations of the existing structure. • Preparation of demolition documents. • Structural surveys or studies of existing buildings or structures. • Design for future expansion. • Special inspection & materials testing. • Preparation of shop or fabrication drawings. • Services related to construction means and methods. • Incorporation of phasing or alternates (additive, deductive or otherwise) into construction documents or breaking the project into multiple packages or phases during design or construction. • Services resulting from changes to the scope or magnitude of the project, value engineering, code updates, and/or changes necessary because of cost over-runs.
Exclusions & Additional Services. The Services do not include, if not otherwise stated in the Agreement:
Exclusions & Additional Services. 4.1. The Services do not include:
4.1.1. Repair of damage arising from the act, error, fault, neglect, misuse, improper operation or omission of the Customer or its servants, agents, contractors or invitees or any person whether or not that person is under the control or direction or authority of the Customer.
4.1.2. Repair of damage arising from changes, alterations, additions or modifications of the Equipment by a person other than Plan Group.
4.1.3. Repair of damage caused by incorrect power supply, failure of electrical power, air- conditioning, humidity control or any environmental factor.
4.1.4. Repair of damage caused by the operation of the Equipment other than in accordance with the specifications or otherwise than in accordance with the direction, instruction or recommendations of Plan Group or its personnel.
4.1.5. Repair of damage arising from the re-installation, moving or removing of the Equipment by a person other than Plan Group.
4.1.6. Repair of damage caused by any circumstances beyond Plan Group’s reasonable control.
4.1.7. Furnishing or supplying maintenance of accessories, attachments, supplies, spare parts, consumables or items associated with the Equipment unless otherwise provided in Schedule 2.
4.1.8. Not Used
4.1.9. Work performed outside Plan Group's Service Time.
4.1.10. The cost of any Equipment or part whether spare part, consumable or otherwise supplied, unless otherwise provided in Schedule 2.
4.1.11. The upgrading of or retrofitting of improvements or major modification to the Equipment.
4.2. Plan Group may at the Customer’s option provide any of the services referred to in clause 4.1 or any other services requested by the Customer, at the relevant Additional Charge. Plan Group shall inform the Customer of the associated Additional Charge, and the Customer shall accept the Additional Charge in writing before the services are performed. The Additional Charge shall be payable by the Customer according to clause 7.2.
Exclusions & Additional Services. 4.1 The Services do not include:
4.1.1 Repair of damage arising from the act, error, fault, neglect, misuse, improper operation or omission of the Customer or its servants, agents, contractors or invitees or any person whether or not that person is under the control or direction or authority of the Customer.
4.1.2 Repair of damage arising from changes, alterations, additions or modifications of the Equipment by a person other than MARS.
4.1.3 Repair of damage caused by incorrect power supply, failure of electrical power, air- conditioning, humidity control or any environmental factor.
4.1.4 Repair of damage caused by the operation of the Equipment other than in accordance with the specifications or otherwise than in accordance with the direction, instruction or recommendations of MARS or its personnel.
4.1.5 Repair of damage arising from the re-installation, moving or removing of the Equipment by a person other than MARS.
4.1.6 Repair of damage caused by any circumstances beyond MARS’ reasonable control.
4.1.7 Furnishing or supplying maintenance of accessories, attachments, supplies, spare parts, consumables or items associated with the Equipment unless otherwise provided in Schedule 2.
4.1.8 Transportation charges, whether for air, sea or land transport for Services carried on within or outside the United States.
4.1.9 Work performed outside MARS' Service Time.
4.1.10 The cost of any Equipment or part whether a spare part, consumable or otherwise supplied, unless otherwise provided in Schedule 2.
4.1.11 The upgrading of or retrofitting of improvements or major modification to the Equipment.
4.2 MARS may at the Customer’s option provide any of the services referred to in clause 4.1 or any other services requested by the Customer, at the relevant Additional Charge. MARS shall inform the Customer of the associated Additional Charge, and the Customer shall accept the Additional Charge in writing before the services are performed. The Additional Charge shall be payable by the Customer according to clause 7.2.