1. Customer agrees to promptly notify A/C Designs (Company) of any unusual operating conditions of the subject equipment. Said customer further agrees to promptly notify Company of any suspected malfunction or defect in the equipment and to report same promptly to Company at its office.
2. Customer agrees not to move or relocate equipment from location listed on reverse side without written consent of Company. In the event customer fails to obtain such consent, Company at its option may cancel this entire agreement or refuse to maintenance the equipment.
3. Customer agrees to permit our personnel the use of his common building maintenance tools, such as ladders, etc.
4. If the equipment requires the use of, or produces as a byproduct of operation, water, either re-circulated or otherwise, the water thus used or produced may become contaminated or cause corrosion. Neither the extent or nature of such contamination or corrosion can be predicted in advance, therefore, the Company hereby assumes no liabilities for either the quality or condition of the water or for any damage that it may cause. 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 cause attributable to the use of water by the equipment, whether as to ordinary wear and use or otherwise.
5. The Customer cannot assign or transfer this agreement without the prior written consent of Company and no modifications, additions or changes may be made to this agreement except in writing, signed by the parties. This instrument contains the entire agreement between the parties hereto.
6. Any changes, adjustments or repairs made by others, unless authorized or approved by Company in writing, shall terminate this obligation hereunder.
7. Company reserves the right to, at any time, in its sole and absolute discretion to replace any part or equipment that it finds to be economically unsound for further serving or repair, and to substitute a new part or piece of equipment in its place.
8. Company 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.
9. 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 tins, ducts, plumbing, electrical wiring, casings, pans, defrost heaters, nor to deterioration of housing, casings, 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, or to any repairs or replacements if caused by the negligence or want of care of the Customer in maintaining the equipment. Company assumes no liability for delays or failures here under caused by any of the foregoing or for any causes whatsoever for damages 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, the Customer will obtain written consent of the owner thereof prior to the performance of such work.
10. Company shall not be liable for any loss, damage, consequential damages, negligence, breach of contract or any other damages of any nature based upon express warranty, implied warranty, or other legal theory due to the nonoperation or malfunction of the equipment, including damage to property or personal injury caused by the equipment, unless said malfunction or nonoperation of said equipment is due solely to the negligence of Company.
11. 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, Company shall be liable upon any warranty theory; express or implied, regarding the manufacture or operation of any equipment installed by it with the exception that Company shall cause same to be repaired and shall be liable for no other damages except as specified herein. Company thus disclaims any implied warranty of any nature whatsoever.
12. Company 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 actions or regulations; strikes or other labor troubles; fires, embargoes, accidents, war or any other causes, contingent to or circumstances beyond the control of Company, 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.
13. The standard of workmanship hereunder shall be that which is reasonable and customary in the industry.
14. Company shall not be liable for any damages whatsoever which are occasioned by defective design, defective materials, defective operation of malfunctions of equipment or for any equipment which the owner specifies or which is designed by the owner’s instructions or specifications. Neither shall Company be liable for any design malfunction of any person or for faulty plans and specifications.
15. The Customer agrees to pay as an addition to the price herein above set forth, the amount of any present and future taxes or any other governmental charges now or hereafter imposed by existing or future laws with respect to the transfer, use, ownership, or possession of the equipment to which the agreement relates.
Both the Customer and the Company acknowledge and agree that mold or mildew, of any type whatsoever is a naturally occurring organism and can grow or occur in and/ or on th·e equipment enumerated on the equipment list (the “equipment”) or within any of the other related components of the Customer’s air conditioning system (the “system”). The Customer and the Company acknowledge and agree that while the Company will perform the maintenance called for in the Agreements in a careful and prudent manner, such maintenances will not necessarily prevent, nor are they intended to prevent, nor are they for the remediation of any mold or mildew in or on the equipment or the system. The Company shall not be liable for any personal injury or property damage loss of any kind or nature, based upon the presence of any mold or mildew in the equipment or system in the Customer’s residence or place of business as case may be.
This Maintenance Agreement may be terminated by either party.
In the event the agreement is canceled by the customer, return of premium shall be based upon 90 percent of unearned pro-rata premium less any costs incurred. In the event the agreement is canceled by the Company, return of premium shall be based upon 100 percent of unearned pro-rata premium. THE MISSION of A/C Designs is to provide products and services, in an honorable way, that exceed the expectations of each and every one of our clients within an industry whose reputation is tarnished with mistrust and deceit. Honesty, integrity, respect and 100% purposeful effort will be afforded all our stakeholders: our CUSTOMERS, our EMPLOYEES, our VENDORS, and our OWNERS.
https://acdesignsinc.net/ 3370 Agricultural Center Drive St. Augustine, FL 32092 (904) 829-8898