Net due upon completion of service. It is agreed that seller will retain full title to all equipment and materials furnished for the agreed upon repairs, maintenance, equipment installation or replacement unit final payment is received.
In the event buyer fails to make payment accordance with the terms of this agreement, the account shall be deemed delinquent and a late charge of 1.5% per month will be assessed on the unpaid balance. In the event of any breach or default in by buyer such that Seller must enforce these payment Terms, Buyer agrees that it will pay seller reasonable attorney fees and further stipulates and agrees that 33% of the balance recovered by seller shall be a reasonable attorney’s fee. Buyer further agrees to pay all collection costs and expenses incurred by seller in collecting or attempting to collect such account.
If payment is not made within the agreed upon time frame noted on invoice, the seller shall have the right to remove installed equipment, parts or maintenance items from the premises and seller shall be held for any damages resulting from removal thereof.
Warranty: Seller warranty service parts and repairs for 90 days from date of completion of service. Seller warranty all new equipment, for one year from date of completion of installation unless extended labor warranty is purchased. All other warranties on new equipment are factory parts only. Remanufactured equipment carries only manufacturer warranty which may vary depending on equipment brand, type, and phase. Seller makes no expressed or implied warranty.
Buyer is responsible for all maintenance related services. Manufactures warranties require routine maintenance and records as a term of the warranty.
SELLER HEREBY DISCLAIMS ALL OTHER EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.
Disclaimers: under no circumstances, and in no event, will seller be liable for personal injury or property damage or any other loss, damage, cost or repair of incidental, punitive, special or consequential damages or any kind, whether based warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, manufacture, sale, transportation, installation, use or repair of the products sold by seller.
Buyer hereby acknowledges and agrees that under no circumstances, and in no event, shall sellers, liability, if any exceed the net sales price of the defective product(s) or service.
No additional allowance shall be made for the labor or expense of repairing or replacing defective products or workmanship or damage resulting from the same.
All HVAC equipment has a designed capacity for heating and cooling depending on certain factors: outside air temperature, relative humidity, square footage of area served, insulation, heat load and air flow capacity.
Seller’s recommendations for new and replacement equipment will conform to International Mechanical Code regulations and common industry practices.
Seller will not be responsible for any discomfort experienced or malfunctioning equipment due to improper equipment sizing at the request of buyer.
Seller will not be held responsible for changes, adjustments or alterations made by the buyer or other contractors to any equipment or parts of any equipment covered under written warranty by seller.
Buyer hereby KNOWINGLY, VOLUNTARILY, AND WILLINGLY RELEASES Seller from all claims losses, damages, risks, or causes of action arising directly or indirectly form services or materials provided by Seller which result in damages or injuries either to property or person caused by mold or mold related issues, for which Buyer assumes all risk. Buyer will further indemnify and hold harmless Seller for any injury to any person or property arising out of or related to mold or mold related issues, which Buyer acknowledges arise due to environmental factors out of Seller’s control.
Governing Law Venue: The Formation, interpretation and performance of these terms shall be governed by and construed according to the laws of the State of Alabama. Seller and Buyer hereby KNOWINGLY, VOLUNTARILY, AND WILLINGLY WAIVE THEIR RIGHT TO A TRAIL BY JURY and agree that any dispute arising out of or related to these terms shall be tried before a judge only, without a jury, in Jefferson County Alabama, Birmingham Division.
Modification: There are no terms, conditions, understandings or agreements between Buyer and Seller other than those stated herein and all prior negotiations are merged herein.NO MODIFICATION OR ALTERATION OF THE PROVISIONS HEREOF SHALL RESULT FROM SELLER’S PROVISION OF SERVICES FOLLOWING RECEIPT OF BUYER’S FORM CONTAINING PROVISIONS, TERMS, OR CONDITIONS IN ADDITION TO OR INCONSISTENT WITH PROVISIONS HEREOF.
