MD Air Conditioning and Heating Inc
The following terms apply to all work performed by MD Air Conditioning and Heating Inc (“us”) for the customer indicated on the front of this form (“you”).
PAYMENT TERMS
You agree that you will pay for all services provided, and that MD Air Conditioning and Heating Inc may charge for any additional amounts (taxes and late fees, as applicable) that may be accrued throughout the job. You are responsible for the timely payment of all fees and for providing a valid payment method.
Your total price will include:
The price of the services any applicable tax (based on the bill-to address and the tax rate in effect at the time of the job completion)
HOW CUSTOMERS MUST PAY AND WHEN
Customers must pay MD Air Conditioning and Heating Inc 30% up front (or an amount otherwise negotiated), and the remaining within 30 days of job completion.
LATE OR MISSED PAYMENTS
Payments are considered late or missed within 30 days of the service completion unless customer opted in to financing. If customer failed to pay us any amount when due, we hold the right to charge the customer interest on the total amount due at the rate of 1.5% per month (but not exceeding the highest rate legally permissible).
RESPONSIBILITIES OF CUSTOMER
Customer represents that, except as described in the request for service, all plumbing, heating, air conditioning electrical, and drain systems are in good repair and condition and agrees to hold MD Air Conditioning and Heating Inc harmless for the discovery of defective conditions, including but not limited to the following:
Improper or faulty plumbing, Rusted or defective pipes, acids in the drain system, Refrigeration lines that are settled or broken, Existing illegal conditions, Defective roofing, Improperly charged systems, Faulty air movement, Electrical defects, Improper or faulty electrical, or Improper voltage by power company.
RESPONSIBILITIES OF SELLER
Seller shall do all work in a competent, workmanlike manner. Seller is not responsible for any existing illegal conditions.
Other Terms & Conditions
Exceptions to Our Responsibilities
WE ARE NOT RESPONSIBLE FOR (a) personal injury, property damage or other damage or loss to you or others arising out of our work, except to the extent caused by our negligence or failure to perform the work in accordance with the contract between us; (b) DEFECTIVE, DAMAGED. OR DETERIORATED LINES, MOLD, LEAD PIPING, OR OTHER UNEXPECTED OR UNDISCLOSED CONDITIONS, AND THE CONSEQUENCES OF SUCH CONDITIONS, INCLUDING DELAYS, BROKEN FIXTURES OR LINES, AND LODGED EQUIPMENT (if we encounter such a condition. we may stop work, and you will pay us a reasonable charge for the work performed): (c) the time required to complete our work with reasonable diligence; (d) unless explicitly stated in writing, any damage necessary to complete our work, including damage to landscaping, walls, painting, tile or concrete or similar items; (e) damage caused by the removal of any clean out. drain cover or cap or (f) tasks we perform in accordance with your specific instructions.
Release and Hold Harmless
You release us from (and if you are a commercial customer, vou will defend and indemnily us and hold us harrnless against) all damages, claims, demauds, settlements, judgments,liabilities, costs and expenses, including reasonable attorneys’ fees, allegedly arising out of (a) breach of your responsibilities under paragraph 1, or (b) matters for which we disclaim responsibility under paragraph 2.
Our Guarantee
If we provide a parts or equipment guarantee, as your exclusive remedy, we will give you the benefit we receive, if any. under the manufacturer’s warranty. If we provide a service guarantee, it covers only drainage failure in the line serviced. and defective plumbing workmanship. during the guarantee term. As your exclusive remedy under our service guarantee, we will, at our option, either do the work again at no labor cost or refund your payment. Guarantees do not apply to problems arising out of main sewer line backup or improper, abnormal or unanticipated use or conditions. Except as explicitly stated in writing, we are not giving any guarantees or making any warranties.
WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You may
transfer a guarantee of plumbing repair or replacement to a person who purchases the property, but you may not transfer a drain cleaning or toilet auger guarantee. Your transferee must present the warranty claim to MD Air Conditioning and Heating at the time we perform our work. We do not guarantee that our site inspection will identify all existing or potential problems. Any damages or necessary repairs arising from plumbing problems, either identified or unidentified, are the sole responsibility of the customer.
Limitation of Damages
Our liability to you for any claim arising out of our work on any job (other than a claim permitted by these terms for personal or bodily injury) will in no event exceed three times the amount you actually pay us for the work on that job. EXCEPT FOR A CLAIM PERMITTED BY THESE TERMS
FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE. YOU WAIVE ANY RIGHT TO RECOVER INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES. OR DELAY DAMAGES.
Your total price will include:
The price of the services any applicable tax (based on the bill-to address and the tax rate in effect at the time of the job completion)
Accepted Payment Methods
Customers can pay by cash, check, credit card, customer financing, or bank draft.
How customer must pay us, and when
30% up front, and the remaining within 30 days of job completion
Late or missed payments
Payments are considered Late or missed within 30 days of the service completion unless customer opted in to financing. If customer failed to pay us any amount when due, we may charge the customer interest on the total amount due at the rate of 1.5% per month (but not exceeding the highest rate legally permissible).
When you provide a check as payment. you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. In the event check is returned, you are responsible for all related bank fees. If you fail to pay us any amount when due, we will charge you interest on the amount due at the rate of 1.5% per month (but not exceeding the highest rate legally permissible). You will reimburse us for the reasonable attorneys’ fees we incur in all stages of collection.
General
These terms are part of our contractual agreement and will prevail over any inconsistent terms in any other agreement between us, including the terms of any purchase order and may be modified only in a written instrument signed by both of us which specifically refers to the provisions to be modified. If any of these terms is held invalid or unenforceable, the remaining provisions will not be affected and will continue to apply.
Nondiscrimination
We will abide by (he requirements of 41 CFR SS 60-1.4(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals with disabilities, and prohibit discrimination against all based on their race, color, religion. sex or national origin. these regulations require that we take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin or disability.
How To Resolve a Problem
Contact the manager at the nearest office. Everything will be done to resolve your problem at the local level.
LIMITED WARRANTY
Company warrants its work to be free from defects in material and workmanship for the warranty period of ninety (90) days from completion unless otherwise stated in writing on the face hereof. Ail drain stoppages are warranted for a period of thirty (30) days from the completion unless otherwise stated in writing on the face hereof. Al! warranties are void if payment is not made when due. Warranties extend only to the customer and are not transferable. if a defect in materials or workmanship covered by this warranty occurs, Seller will, with reasonable promptness during normal working hours, remedy the defect. In no event shall Seller be held liable for water or other damage caused by any delay in remedying a defect, To obtain warranty performance. notify Seller of any defect or claim for breach at the address and telephone number on the face hereof,
EXCLUSIONS and LIMITATIONS
CUSTOMER’S RIGHT TO REPAIR AND REPLACEMENT ARE CUSTOMER EXCLUSIVE REMEDIES. SELLER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Seller is not responsible for the following which are excluded from the coverage of this limited warranty:
1. Defective conditions listed under the above “Responsibilities of Customer,
2. Work performed by or materials installed by others not in this agreement.
3. Defects and failures from mistreatment or neglect or otherwise not caused by defect in Seller’s materials or workmanship.
4. Mold development or mold detection of any kinds
“THE LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY SELLER MAKES. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR GOOD SOLD, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.’
PROTECTION OF CUSTOMER’S PROPERTY
Customer agrees to remove or protect any personal property, inside and out including but not limited to carpets, rugs, shrubs and planting, and Seller shall not be responsible for said items. Nor shall Seller be held responsible for the natural consequences of Seller’s work which may cause damage to improvements to real property including, but not limited to, curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, tile, cabinets and other appurtenances to the residence or real property. Seller shall not be held responsible for damage to personal property, real property or any improvements to real property caused by persons delivering materials or equipment, or keeping gates and doors closed for children and animals.
ENTIRE AGREEMENT:
This is the entire agreement. The parties are not bound by any oral expression or representation by any agent purporting to act on their behalf, or by any commitment, or arrangement herein. The agreement binds jointly and severally all signing as Customer, their heirs, representations, successors and assigns.
Seller is not required to provide an itemized breakdown of materials and labor.
WARRANTIES, AND LIMITATIONS OF WARRANTIES:
No warranty, expressed or implied, is provided for any existing systems or appliances. Any alterations, additions or repairs made by others unless authorized or agreed upon by Seller, will be cause to terminate Seller’s obligation under this contract.