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.