CONDITIONS OF SALE
Deliveries may be withheld at any time if seller believes the buyer’s credit has become impaired or if payments are not promptly made as provided herein, but buy remains liable for materials delivered and portion of work completed, and for all damages suffered by the seller. A late charge of one and one-half percent (1.5%) per month eighteen percent (18%) per annum will be added to any amounts which are not paid within 30 days. By signing this contract, I/we agree to abide by the terms herein stated for payment and additionally agree to pay collection costs and attorney fees equal to twenty-five (25%) percent of the outstanding balance should this account become past due. This contract, its price and performance are all subject to delays or inability to perform caused by or resulting from labor scarcity, strikes either on the work done on this contract or only other work affecting the same directly or indirectly, lockouts, accidents, fire, breakdown, war, riot, rebellion, lack of material, delays in transportation, acts of Government, acts of God or any causes beyond seller’s control. Should conditions render unavailable at reasonable cost or for any other reason, any material or product specified herein or otherwise required in order to fulfill this contract a substitute of suitable value and utility may be supplied.
All prices are subject to change by the seller on any or all buildings in which installation of the equipment is not started within three months of the date of the contract unless otherwise specified or on buildings started but delayed in construction. Should a price change occur the buyer has the option of cancelling the uncompleted portion of this contract after paying for material delivered and portion of work completed. We shall not be liable for damages resulting from use of the above specified equipment. Title to the equipment shall remain in seller’s name until all sums due have been paid. Any loss or damage to the equipment due to fire, theft or any cause not due to seller’s negligence after being delivered to job site shall be borne and paid for by the buyer. No painting, plastering, or papering is included in the contract. If a flue or chimney is existing or provided by others the buyer warrants this flue to comply with codes and to be in good working order. Unless otherwise specified this contract does not provide for heavy up of electric service. Load calculations for residential summer air conditioning is based on A.C.C.A. MANUAL J. The average inside temperature will vary 6°F between thermostat and any room in the house. Basements are not included in the temperature warranty. On existing systems, where summer air conditioning is added, equipment installed by us will be sized for the heat gain of the conditioned area. Temperature warranty applies only to area where sufficient air flow can be secured through existing duct systems.
Preventive Maintenance Agreement Terms & Conditions
- Customer agrees to notify United Service Specialists (hereby known as USS) promptly of any unusual operating conditions of the subject equipment. Said customer further agrees to notify USS promptly of any suspected malfunction or defect in the equipment and to report promptly to USS during regular office hours.
- If the equipment requires the use of water, either recirculated or otherwise, the water may be or may become contaminated, or cause corrosion. As neither the extent nor nature of such contamination or corrosion can be predicted in advanced, USS hereby assumes no liability for either the quality or condition of the water or for any damage that it may cause to the subject equipment. Customer understands that this agreement does not cover the replacement or repair of any part of the subject equipment which is caused by water contamination, corrosion or any other cause attributable to the use of water by the equipment, whether as to ordinary wear and use or otherwise.
- Any changes, adjustments or repairs made by others, unless authorized or approved by USS, in writing, shall terminate its obligation hereunder.
- USS reserves the right, at any time, in its sole and absolute discretion, to replace any part or equipment that it finds to be economically unsound for further servicing or repair, and to substitute a new part or piece of equipment in its place.
- USS shall not be required to furnish any items of equipment, labor or other services which are recommended or required by insurance companies or any governmental agency, including the conducting of any test required by any of the foregoing.
- This agreement covers only reasonable and ordinary use of the equipment in question. Any repair or replacement that is caused by the customer’s failure to use reasonableness in either the operation of the equipment or the failure by the Customer to promptly report any malfunction or suspected malfunction in the equipment, is not included in this agreement and shall by paid for by the Customer in accordance with USS’s normal rate schedule.
- This agreement applies to the equipment enumerated on the equipment list and not to fixtures in which they are contained, nor to hardware, trays, defrosting pans, block tin, ducts, plumbing, electrical wiring, casings, pans, defrost heaters, nor to deterioration of housing castings, frames or other items due to corrosion. This agreement does not include repairs made necessary as a result of fire, water, accident, negligence, acts of God, labor disputes, freeze-ups of any kind, refrigeration leaks or to any repairs or replacements if caused by the negligence or want of care of the Customer in maintaining the equipment. USS assumes no liability for delays or failures hereunder caused by any of the foregoing or for any causes whatsoever for damage resulting from delays in performing the service hereunder or for any consequential damage whatsoever. If repairs or adjustments require any alterations or additions to structure or property, USS will obtain written consent of the owner thereof prior to the performance of such work.
- USS shall not be liable for any loss, damage, consequential damages, negligence, breach of contract or any damages of any nature based upon express warranty implied warranty or other legal theory due to the non-operation or malfunction of the equipment, including damage to property or personal injury caused by the equipment, unless said malfunction or non-operation of said equipment is due solely to the negligence of USS.
- The express warranties contained herein are in lieu of any and all other warranties, express or implied, including any warranty or merchantability or fitness for a particular use. Without limitation, USS shall not be liable upon any warranty theory, express or implied, regarding the manufacture or operation of any equipment installed by it with the exception that USS shall cause same to be repaired or replaced in the event of faulty operation or malfunction of said equipment any shall be liable for no other damages except as specified herein. USS thus disclaims any implied warranty of any nature whatsoever.
- USS shall not be responsible for any delay or failure to render the services or to make delivery of any merchandise as set forth herein due to federal, state, or municipal action or regulations, strikes or other labor troubles, fires, embargoes, accidents, war, or any other causes, contingent to or circumstances beyond the control of USS and/or which make the fulfillment of this agreement impractical. On removal of the cause of such failure or interruption, performance shall be resumed pursuant to the terms as set forth herein.
- USS shall not be liable for any damages whatsoever which are occasioned by defective design, defective materials, defective operation or malfunction of equipment or for any equipment which the owner specifies or which is designed by the owner’s instruction or specification. Neither shall USS be liable for any design malfunction of any person or for faulty plans and specifications.
- The full contract price shall be due and payable immediately upon execution of this agreement. There are no prorated refunds on service agreements.
- The Customer agrees to let USS set the preventive maintenance dates, based on availability.
- This Plan will automatically renew unless cancelled by Customer or USS within 30 days of renewal date.
- Heat exchanger, coils, and compressor are not covered under this agreement.
- The maintenance appointments can only be performed when the system is working.
- This contract shall be fully transferrable to a new owner of address listed on said contract provided that customer supplies new owner information (name, phone numbers and effective date change).
- Under this contract the preventative maintenance appointments need to be completed during the contract period and can not be carried over. It is the customers responsibility to call for maintenance service.