Servicer Obligations. a) Servicer shall at all times represent ABC in a professional manner to Customers and shall not make any written or oral representations, either direct or implied, to any Customer that are or could reasonably be construed to be negative or defamatory in nature toward ABC, its business, the brand name of the equipment it selects, or its Customer contracts. b) Servicer shall ensure that its officers, owners, employees, independent contractor technicians, and authorized subcontractors who provide Services as part of any Program (collectively, “Servicer Associates”) understand Servicer’s obligations under this Agreement and agree to comply with and be bound by such obligations, and that Servicer is responsible for the actions and omissions of its Servicer Associates. Servicer shall be responsible for ensuring that Servicer and Servicer Associates comply with all ABC operating policies and procedures. c) Servicer will provide and pay for all labor, tools, materials, services, supplies, storage, transportation, insurance, equipment, and any other items and expenses including applicable sales tax payments, necessary to promptly complete the Services required under any service work orders or other service requests assigned and authorized by ABC (collectively, a “Dispatch”) as part of any Program. d) Servicer represents that is qualified to do the work and possesses all necessary licenses and permits to perform and complete Services as more fully set forth in Sections 6 and 7. Servicer shall ensure that its employees, Servicers, and agents also possess all required licenses and permits while performing Services under this Agreement. Servicer shall ensure that only certified persons perform services for which any certification or license may be required. e) Servicer agrees to conduct itself, and to require its Servicer Associates to conduct themselves, in strict compliance with all applicable federal, state, and local laws, rules, and regulations of all governmental authorities, including but not limited to, the Occupational Safety and Health Act of 1970 and any amendments thereto, as well as any state or local occupational safety and health requirements that may apply, laws on preventing transactions with terrorists or terrorist support organizations, and to act at all times consistent with the highest standard of fair trade, fair compensation, and business ethics, including compliance with all federal, state, and local building codes, environmental, and/or hazardous waste recapture and removal laws, and federal, state, and local laws, regulations, and ordinances regarding public safety, and agrees to hold ABC harmless against any such liabilities or violations. Servicer agrees that its or its Servicer Associates' failure to comply with any applicable laws and/or failure to adhere to any applicable standards constitutes a material breach of this Agreement, and that ABC may immediately terminate the Agreement upon such a breach and pursue any and all legal or equitable remedies. f) Servicer shall provide ABC a written or verbal quote for any services expected to exceed $300.00. Servicer shall seek clarification from authorized personnel of ABC with respect to any material inconsistencies between contract documents, Customer needs, provisions of this Agreement, or other instructions that affect completion of Services. Failure to seek clarification which results in Servicer making corrections or performing work beyond the scope of any Dispatch which could have been avoided by seeking clarification shall result in non-payment of any overages incurred by Servicer. g) Servicer, as required by state law or upon request by ABC, shall provide motor vehicle reports and evidence of conducting biennial criminal background checks from state or third-party resources that meet ABC’s minimum criteria for such checks for all Servicer Associates and acting on behalf of or under the direction or control of the Servicer whose duties require entry into a Customer’s residence. This requirement pertains to all existing and future Servicer Associates hired, contracted, or otherwise retained by Servicer’s firm or anyone else acting on behalf of or associated with Servicer. If any Servicer Associate or anyone else associated with Servicer fails a required check or if Servicer becomes aware of information that would cause such a person to fail a required check, Servicer shall prohibit that person from providing Services to, or performing any other work of any kind for, ABC’s Customers. h) In the event a Customer xxxxx or threatens to cause harm to Servicer, a Servicer Associate or ABC, Servicer will immediately report such harm or threat to ABC and, to the extent such harm or threat of harm is serious, to local law enforcement officials. i) If Servicer:
Appears in 4 contracts
Samples: Contractor Agreement, Contractor Agreement, Contractor Agreement
