Comfort Generation, LLC.
423 Green Street I Emmaus I Pennsylvania I Ph (610) 814-7272 I PAHIC#107694 I Email Contact: info@comfortgeneration.com
Terms and Conditions, HVAC Work
THIS TERMS AND CONDITIONS AGREEMENT is between PURCHASER and CONTRACTOR
1.0 OFFER AND ACCEPTANCE. All orders shall be subject to acceptance by CONTRACTOR by way of signed Contract by an authorized representative of CONTRACTOR. The term “Agreement” shall include the Contract and these Terms and Conditions. The Agreement shall conclusively supersede prior offers and negotiations. CONTRACTOR shall furnish only the labor and materials necessary to perform the agreed upon labor and materials of this Agreement. Any deviations from or additions must be in writing and signed by both CONTRACTOR and PURCHASER. Township permits are not included in the purchase price of this Agreement; however they may obtained at an additional cost. Published or quoted prices, discounts, and terms and conditions are subject to change without notice.
2.0 SCHEDULING OF SERVICES AND PRODUCTS. START AND COMPLETION DATES: The scheduling of services will be mutually agreed upon by the PURCHASER and CONTRACTOR pursuant to the contract. PURCHASER agrees to provide CONTRACTOR with a safe and readily accessible work site. HVAC jobs will be scheduled contemporaneous with PURCHASER’s acceptance of the Agreement and/or CONTRACTOR’s receipt of PURCHASER’s initial payment. Most HVAC jobs will be completed within thirty (30) days of the start date however completion and start dates are not guaranteed. CONTRACTOR’s ability to produce a quality product is dependent on external factors such as weather, material delays and shortages, PURCHASER’s failure to pay CONTRACTOR in accordance with this Agreement and the PURCHASER’s scheduling restrictions. Delays beyond the control of CONTRACTOR shall not be grounds for cancellation of this Agreement. In the event unforeseen circumstances; including compliance with code requirements or labor and/or materials not contemplated in the contract, the purchase price shall be increased. CONTRACTOR shall not be liable for any delays in the performance of this Agreement nor for any damages suffered by PURCHASER by reason of such delay if such delay is indirectly or directly beyond its control. Unforeseen drywall repairs shall be billed separately and in no event will they be deemed included in the purchase price, unless noted in this Agreement. In accordance with local industry customs and practice, unless specified in the Agreement CONTRACTOR will not conceal pipes, ducts and wires or include drywall patching and framing.
3.0 NOTICE TO PURCHASER. ACKNOWLEDGEMENTS. Temperatures may vary from room to room and in different levels of the house and CONTRACTOR shall have no liability regarding such variance. Likewise, PURCHASER acknowledges new equipment will make different sounds and provide a different type of heat than older less efficient equipment. CONTRACTOR shall not be liable for existing duct systems and/or any problems caused by the same. PURCHASER acknowledges that from time to time CONTRACTOR, manufacturer and/or utility companies may offer discounts or rebates as a promotional device. Promotions of any kind, unless specifically provided for herein, will not affect this Agreement in any manner. CONTRACTOR shall not be responsible for covenants, zoning or other like laws, ordinances or agreements that may affect PURCHASER property. PURCHASER agrees to hold CONTRACTOR harmless from all liability in connection with the same. PURCHASER shall indemnify and hold CONTRACTOR harmless from any and all liability to include but not limited to regulated or hazardous substances in or on the property. In the event any regulated or hazardous substances are encountered, CONTRACTOR shall terminate work until the matter is resolved and the Agreement is amended to extend the completion date and include any and all costs associated with the same. The purchase price as quoted herein is based on non-union labor and should it become compulsory to use union labor in connection with this Agreement the purchase price will be altered to include a fair and reasonable increase to cover the additional costs. However, work will not commence without a signed change work order executed by both parties. Any equipment used in unfinished buildings or used before installation is complete shall be at the sole risk of PURCHASER. Any corrective action to repair/replace/clean damage materials and/or equipment and/or building will not be the responsibility of CONTRACTOR. It is agreed and understood by the parties that all equipment and parts, which are sold pursuant hereto, shall not become fixtures or parts of the real estate where they are placed. Said parts and equipment shall at all times remain personal property and the title thereto shall remain personal property of the CONTRACTOR until payment in full is received. PURCHASER hereby agrees that all parts and equipment shall be repossessed by CONTRACTOR in the event of non-payment. In the event CONTRACTOR elects to employ subcontractors PURCHASER will be provided with the name, address and telephone number of each subcontractor.
4.0 PAYMENT. FINANCING: PURCHASER shall provide CONTRACTOR with payment in accordance with the terms of this Agreement. PURCHASER will pay the Contract Price in full no later than at the time CONTRACTOR completes its work. Completion is defined as the time when equipment is installed and operating. Defects, if any, are to be corrected under Manufacturer’s or Contractor’s warranty and shall not be an acceptable reason for delay in payment. CONTRACTOR’s billing period ends the 25th of each month and reserves the right to periodically invoice PURCHASER for portions of work completed to date. PURCHASER hereby agrees to pay a finance charge of 2.5% per month (or the maximum amount allowed by law) on the balance of the contract price not paid at completion, or for other services performed, to include all future services. Invoices are due upon receipt. In the event the CONTRACTOR assists or arranges in PURCHASER obtaining financing through 2nd parties all agreements are through finance company and PURCHASER and shall have no responsibility on CONTRACTOR. All financing is with approved credit. In the event the PURCHASER is deemed not creditworthy, at any time through this Agreement, it shall be the PURCHASER’s responsibility to secure funds to service all debts.
5.0 WARRANTIES; LIMITATION OF WARRANTY, AND DELAY IN PERFORMANCE. Contractor warrants that all labor and materials shall be free of defects in accordance with duration of years listed on the reverse side of this Agreement. This warranty shall not be extended, altered or amended without the express written consent of the CONTRACTOR’S President and PURCHASER. Warranty work shall be performed during normal business hours. Warranty work performed outside normal business hours will be billed separately. PURCHASER will be charged for house calls ultimately determined not to be related to warranty regardless of whether or not any work is performed. It will be PURCHASER’s responsibility to promptly notify CONTRACTOR of nonconformity or defect as stated in manufacturer’s warranty. CONTRACTOR will inspect all complaints of nonconformity or defect and determine at its sole and absolute discretion the appropriate course of action. CONTRACTOR does not make any other warranties, whether express or implied, except for the warranty that is provided with the Products, as shown in EXHIBIT “B”. CONTRACTOR shall not be liable for any failure or delay in performance if such failure or delay is due, in whole or in part, to any cause beyond its control. CONTRACTOR is not responsible for consequential damages whether or not occasioned by CONTRACTOR’S negligence. Annual maintenance and periodic inspections are recommended for every system. Failure to follow manufacturer’s or CONTRACTOR’s instructions will void warranties. Other companies or individuals, including PURCHASER, performing service on equipment shall void the warranty. Extended warranties are through the manufacturer of the equipment and must be administered in accordance with the manufacturer’s policies and procedures. Satisfaction guarantee is through the manufacturer of the equipment or contractor dealer organization and are administered by the manufacturer or contractor dealer organization in accordance with their policies and procedures.
6.0 WARRANTY DISCLAIMER: Except as otherwise expressly provided in the products written warranty, all products and services are provided “as is” and without warranty, representation or condition of any kind, express or implied, in fact or by law, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or from course of dealing, usage or trade. The foregoing warranty is non-transferable and exclusive and in lieu of all other warranties and PURCHASER hereby waives all other remedies warranties, guarantees or liabilities. CONTRACTOR hereby assigns to PURCHASER all warranties given to CONTRACTOR by any manufacturer. CONTRACTOR shall have no liability concerning any manufacturer’s warranty.
7.0 LIMITATION OF DAMAGES. REBATES: In no event will CONTRACTOR be liable for loss of profits or for any other indirect, special, or consequential damages in connection with, or arising out of the furnishing, performance, or use of the products and services. CONTRACTOR’s total liability, if any, including but not limited to liability arising out of the contract, tort, breach of warranty, or conditions, infringement, third party claims, or otherwise, shall not exceed the amounts paid by the PURCHASER to CONTRACTOR under the Agreement. As a service to our customers Comfort Generation may assist PURCHASER in preparation of seasonal specials and rebate applications. However, PURCHASER hereby acknowledges that CONTRACTOR performs said services as a courtesy and CONTRACTOR is not responsible for any deficiencies or monetary loss on account of its actions or inactions. It remains PURCHASER’s responsibility to make sure applications for rebates and promotions are properly and timely submitted.
8.0 RIGHT OF CANCELLATION: Notice to PURCHASER:
YOU MAY CANCEL THIS AGREEMENT AT ANYTIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS AGREEMENT. IF YOU WISH TO CANCEL THIS AGREEMENT YOU MUST EITHER:
1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:
COMFORT GENERATION, 423 Green Street, Emmaus PA 18049 Phone: (610) 814-7272
If you cancel this Agreement within the three (3) day period you are entitled to a full refund of your money. Refunds will be made within thirty (30) days of CONTRACTOR’s receipt of the cancellation notice.
CONTRACTOR shall have the right to terminate this Agreement at any time and for any reason. In such event, CONTRACTOR will be entitled to quantum meruit for the work and materials expended prior to the termination date.
9.0 INSURANCE: A copy of the CONTRACTOR’s certificate of commercial general liability insurance and the telephone number and address of the insurance company is available upon request.
10.0 NOTICES: All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, transmitted by confirmed facsimile or three (3) days after being mailed by certified first class mail, postage prepaid, return receipt requested, at the addresses set forth above or the last known business or residence address of any party.
11.0 SEVERABILITY. WAIVER OF BREACH: The invalidity of all or any part of the provision of any Agreement shall not render invalid the remainder of the contract or the remainder of such provision. If any provision shall be determined to be unenforceable due to being overbroad, such provision shall be deemed modified and amended to be only so broad as is enforceable. The waiver by any party hereto of a breach of any provision of the Agreement shall not operate nor be construed as a waiver of any subsequent breach.
12.0 GOVERNING LAW, CONSENT TO JURISDICTION: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to the principles of conflicts of law thereof. The parties hereby submit, for the sole purposes of enforcement of this Agreement, to the exclusive jurisdiction of the state and federal courts of Pennsylvania, and waive any objection (on the grounds of lack of jurisdiction or forum non conveniens, or otherwise) to the exercise of such jurisdiction.