CONTRACT FOR AIR CONDITIONING INSTALLATION AND
REPAIR SERVICE
This CONTRACT, made and entered into by and between:
MR. JOSEMARI BATUMBAKAL and MS. CANDY BATUMBAKAL,
residents at Block 123, Lot 45 Kaw street, Loyola Xavierville, Quezon City,
Philippines, and hereinafter referred to as the FIRST PARTY,
-and-
GALLEXIAN INSTALLATION CORP., a private corporation duly
organized and existing under Philippine laws, with business address on Katipunan
Ave, Quezon City, Metro Manila represented in this Contract by its President, Mr.
Gallexian Navidio, and hereinafter referred to as the SECOND PARTY,
WITNESETH: That -
WHEREAS, the FIRST PARTY owns a residence in Loyola Xavierville, Quezon
City, Philippines, that is in need of air conditioning units for three (3) rooms.
WHEREAS, the SECOND PARTY is engaged in providing installation and repair
services of various home equipment, such as but not limited to air conditioning, which it
warrants to be in good working condition at the time of the execution of this Contract.
FOR AND IN CONSIDERATION of the compliance with all the conditions and
covenants hereinafter contained, the FIRST PARTY has agreed to engage the services of
the SECOND PARTY for the latter to provide air conditioning units, and installation and
repair service to the former’s residence, for any of the chosen air conditioning units that the
FIRST PARTY requested of the SECOND PARTY, and that the SECOND PARTY, by
virtue of these presents, has agreed to accept such engagement, under the following terms
and conditions:
1. DESCRIPTION OF THE UNITS – The air conditioning units, as per
request of the FIRST PARTY, are as follows:
Two (2) Premium Air 5000X split-type Gallexian Corp. units (Split unit)
One (1) Elite Air 3000X window-air Gallexian Corp. unit (Windows unit)
2. ROOMS STORES COVERED – The rooms, particularly the living room, the
master bedroom, and the guest room in the residence of the FIRST PARTY shall have the
air conditioning units installed inside: living room and master bedroom with the Premium
Air 5000X, guest room with the Elite Air 3000X. It is understood that the FIRST PARTY,
upon mutual agreement, may add in or remove any room/s from said list.
3. TERM OR PERIOD – This Contract shall be for a period of one (1) year, to
commence upon the actual signing hereof, in which the aircon units will be provided and
installed in the rooms chosen by the FIRST PARTY. and which shall be self-renewing and
will renew quarterly at prevailing rates, terms and conditions, unless and until terminated by
either party in writing, not more than thirty (30) days from billing date.
4. SCHEDULE OF INSTALLATION – The date and time when the
maintenance work is to be undertaken should be relayed to and coordinated with the store
concerned by the SECOND PARTY at least one week before. Should either the SECOND
PARTY or the store concerned requests for a re-scheduling thereof, they should mutually
agree on the date and time when the work would be moved.
1
5. SERVICE REPORT – For every preventive maintenance or emergency
service undertaken, the SECOND PARTY or its representative shall prepare and
accomplish a complete and detailed report, a copy of which shall be left with and submitted
to the store concerned of the FIRST PARTY. The said service report shall be the basis of
the billings and payments for the preventive maintenance services rendered.
6. TERMS OF PAYMENT – The costs of work or services rendered by the
SECOND PARTY shall be paid within five (5) calendar days from receipt of the
corresponding billing invoice/s by the FIRST PARTY.
The individual prices of each of the aircon units are as follows:
Elite Air 3000X window-air Gallexian Corp. unit (Window unit): ₱39,567
Premium Air 5000X split-type Gallexian Corp. units (Split unit): ₱49,999
The prices for the individual installations for each of the aircons are as follows:
One (1) Elite Air 3000X window-air Gallexian Corp. unit (Window unit): ₱9,636
per unit
Two (2) Premium Air 5000X split-type Gallexian Corp. units (Split unit):
₱20,271 per unit; total of ₱40,542
All taxes due on payments made pursuant to this clause, including value added tax, shall be
on the account of the FIRST PARTY.
7. INCIDENTAL CHARGES – The incidental charges shall include the
expenses, such as but not limited to transportation expenses, incurred by the SECOND
PARTY’s personnel undertaking preventive maintenance service in stores located outside
Metro Manila, and which shall be for the account of the FIRST PARTY and for which the
latter shall be billed accordingly. Similar charges for works performed in stores in Metro
Manila, are deemed to be included in this Contract and shall be for the account of the
SECOND PARTY.
8. REPAIR OF PARTS – This Contract covers parts of air conditioning units
that the SECOND PARTY sees the need to repair. In such cases, the SECOND PARTY
shall provide the FIRST PARTY with a list of all parts that need repair with the
corresponding price and warranty, before a purchase and/or order therefor is made.
9. WARRANTY FOR SERVICES RENDERED – All services covered by
this Contract shall have a warranty period until contract expiration in one (1) year, during
which the SECOND PARTY may remedy any defect in any work that may manifest within
the period, free of charge.
10. EXCLUSIVITY OF CONTRACT – All airconditioning units of the FIRST
PARTY subject hereof shall be installed and repaired solely and exclusively by the
SECOND PARTY. The warranty mentioned in the preceding paragraph shall become void
once the unit/s which underwent installation and repair is found to have been tampered with,
altered, modified or repaired by any other person or entity within the stipulated period.
11. EXTINGUISHMENT – Upon fulfillment of all obligations by both
PARTIES under this Contract, mutual agreement of both PARTIES in writing, expiration
of the Contract without renewal, termination due to breach, or by operation of law shall
extinguish obligations herefor. Upon extinguishment, both PARTIES are relieved of their
duties and obligations under this Contract.
2
12. SEPARABILITY – Invalidation or enforceability of any provision of this
Contract shall not affect the validity and enforceability of the other remaining provision
hereof.
13. FRAUD – Both PARTIES agree that any intentional misrepresentation,
concealment of material facts, forgery, unauthorized actions, or false claims by either party
shall be deemed fraudulent. This includes, but is not limited to, false statements regarding
services, equipment, or pricing; intentional concealment of defects or prior issues; forgery or
alteration of documents; unauthorized modifications or expenditures; and false claims about
equipment or services. Any such behavior shall constitute grounds for termination of the
contract.
14. TERMINATION FOR BREACH OR DEFAULT – Both PARTIES agree that
all the covenants and agreements herein contained shall be deemed essential conditions
hereof. If default or breach be made of such conditions, then the innocent party shall have
the right to cancel and terminate this Contract, whether judicially or extrajudicially, upon
five (5) days notice delivered to the guilty party.
Should the innocent party be compelled to seek judicial relief against the guilty
party, the latter shall, in addition to any other damages that may be awarded to the innocent
party, pay an amount equivalent to TWENTY FIVE PERCENT (25%) of the amount
claimed in the complaint as and by way of attorney’s fees, which in no case shall be less
than PESOS: TWENTY-FIVE THOUSAND (₱25,000.00), aside from the costs of suit and
other expenses which the law may entitle the innocent party to recover from the guilty
party.
15. WAIVER – The failure or delay of the FIRST PARTY to require the strict
performance of any provision hereof shall not be construed as a waiver thereof or as a
waiver of any breach thereof. Legal delay shall occur on the SECOND PARTY if strict
performance of any provision hereof is not fulfilled on agreed upon period, regardless of the
presence or absence of explicit requirement.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
____ day of May 2024 in Quezon.
MR. JOSEMARI BATUMBAKAL and GALLEXIAN INSTALLATION
MS. CANDY BATUMBAKAL, CORP.,
First Party Second Party
By:
GALLEXIAN NAVIDIO
President
SIGNED IN THE PRESENCE OF:
______________________ ______________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
3
QUEZON CITY, M.M. ) ss.
BEFORE ME, a Notary Public for and in Quezon City, this ___ day of May 2024,
personally came and appeared the above-named parties with the following valid
identification documents bearing their photographs and signatures, to wit:
Name Type of ID and No. Valid until Place Issued / Issuing
Authority
Josemari Batumbakal TIN
123-456-789-101
Candy Batumbakal TIN
234-567-891-011
Gallexian Navidio TIN
345-678-910-111
known to me to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.
This instrument refers to a Contract of Air Conditioning Preventive Maintenance
consisting of three (3) pages, including this page on which this acknowledgement is written
has been signed by the parties and their witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL, this ____ day of May 2024 in Quezon City.
Doc. No. _____;
Page No. _____;
Book No._____;
Series of 2 0 2 4.