Terms & Conditions of Sale
PAYMENT TERMS:
The entire invoice is due upon completion of described work. Any payment not received within 10 days from completion of work is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid. If applicable, sales tax is included in the price. If Seller commences litigation or employs attorneys to collect payment for any amount due it from Buyer, Buyer agrees to pay reasonable costs and attorney’s fees which may be due. If my check does not clear, I realize I could be liable for more than the check amount plus the face value of the check and court costs. All parts will be removed from the premises and discarded unless otherwise specified herein.
COLLECTION COSTS:
Customer agrees that it shall pay all expenses incurred by Seller for the collection of any delinquent accounts including, but not limited to, actual attorney fees, filing fees and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the state in which the work was performed. I agree to pay collection fees, reasonable attorney’s fees and court costs in the event of legal action. A monthly service charge of 1½ % will be added after 10 days. I acknowledge that I have read and received a legible copy of the contract.
WARRANTIES, AND LIMITATIONS ON WARRANTIES:
Standard warranty is 2 years on labor and parts supplied by us. Seller warrants that all work performed and all parts and equipment which were installed in the servicing of HVAC unit(s) were completed in a workmanlike manner and that said work shall be free from defects in materials and workmanship for a period of 365 days from date said work was performed or manufacturer’s warranties (except for the exclusions listed below). Seller’s obligation for defective products and/or workmanship or any damage caused thereby, and Buyer’s exclusive remedy, shall be limited, at Seller’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditions upon Seller receiving actual written notice of said defect within the 365 day period noted herein. Items disclosed on invoice & declined by customer or owner supplied equipment may be excluded. These exclusions may have a limited or no warranty. If parts have been replaced by us and not worked on by anyone else during warranty period or use of items that damage HVAC parts supplied by us. Warranty period may be different if noted herein. (Warranty excludes stoppages and customer supplied items). All warranty issues must be allowed to be inspected and approved by One Hour Heating & Air Conditioning before any repair is made or warranty is voided. Warranty is not transferrable. Not liable for damaged caused by weather, normal maintenance items not reviewed by whomever, or manufacture defects.
WARRANTY EXCLUSIONS:
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM SELLER INCLUDING, BUT NOT LIMITED TO, IMPLED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE SUBJECT TO AND DISCLAIMS (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY: (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER OR ANY UNDER-TAKINGS, ACTS OR OMISSIONS RELATED THERETO: AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
RESTRICTION OF THE PERIOD LIMITATION OF ACTION:
Any legal action relating to this Agreement or breach thereof shall be commenced within one (1) year from the date of work. Buyer shall be deemed to have accepted all delivered good which he has not rejected within three (3) days of receipt.
ALTERATIONS:
Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by this Seller, will be cause to terminate Seller’s obligation under the contract.
EXCLUSION OF COURSE OF DEALING:
It is agreed that no prior course of dealing or usage of trade not expressly set forth in this contract shall be admissible to explain, modify, or contradict this contract in any way.
All warranty work will be performed during normal business hours. Any customer requiring warranty work not performed during regular business hours will be charged as service charge.
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