Premier Heating and Cooling’s Installation Terms and Agreement
1.Premier Heating and Cooling LLC, a Massachusetts company, shall hereafter be referred to as Contractor.
2. Contractor shall furnish only the labor and materials necessary to perform the agreed upon labor and materials of this AGREEMENT. Any deviation from or addition to the agreed upon labor and materials must be in writing and signed by both contractor and customer. In the event unforeseen circumstances, including compliance with code requirements, labor and/or materials were not contemplated in the proposed price, the proposed price shall be increased. Unforeseen home repairs, including but not limited to drywall repairs, shall be billed separately and in no event will they be deemed included in the purchase price, unless noted in this agreement.
3. Buyers agree to provide Contractor with a safe and readily accessible work site and allow our personnel to stop and start all equipment necessary to perform agreed maintenance/service or repair. The buyer will also establish that all work areas shall be free of hazards (asbestos, insects, rodents, chemicals, mold, etc…) and to clear working area of any hazards that would inhibit the installation or repair. If the hazard is found during the time of service, all work by the Contractor will cease until customer has corrected matters appropriately at customer’s expense. Buyer accepts all reasonable charges associated with rescheduling an appointment do to a unsafe, hazardous, or inaccessible work site.
4. Completion and start dates are not guaranteed. Delays in completion and starts beyond Contractor’s control shall not
be grounds for cancellation of this agreement. Contractor shall not be liable for any delay in the performance of the agreement or for any damages suffered by customer by reason of such delay, if such delay is, directly or indirectly, caused by, or in any manner arises from, fires, floods, accidents, shortage of labor, fuel, power, materials, or supplies, transportation delays or any other cause or causes (whether or not similar in nature to any of these herein before
specified) beyond its control.
5.The buyer shall compensate the contractor for contract price for the services rendered, supplies, and materials needed, in full 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 Contractor’s warranty and shall not be reason for delay in payment. Contractor’s billing period ends the 25th of each month, and reserves the right to periodically invoice for portions of work completed to date.
6.Any late payments past 7 days will accrue interest at the rate of 1.5% daily, or the maximum rate 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.
7. In the event that collection is deemed necessary by Contractor, Buyer agrees to pay all reasonable collection costs, attorney fees, interest charges (stated above), and court fees.
8. In the event contractor arranges financing through 2nd parties, all agreements are through finance company and customer, and shall have no responsibility on contractor. All financing is with approved credit. In the event that customer is found to be not credit worthy, at any time through this agreement, it shall be the customer’s responsibility to secure funds to service all debts.
9. Contractor warrants that all labor and materials shall be free of defects for one (2) year. All warranty work must be done by Contractor. Customer will not be compensated for work done by other companies. All warranty work shall be done during normal business hours (8:00 a.m. to 4:00 weekdays). Customer will be charged for warranty work done other than normal business hours. The foregoing warranty is exclusive and in lieu of all other warranties, of whether written, oral or implied (including any warranty of merchant ability or fitness for purpose). The warranty provided in this paragraph and the obligations and liabilities of contractor hereunder are exclusive and in lieu of and customer hereby waives all other remedies, warranties, guaranties or liabilities, expressed or implied, arising by law or otherwise
(including without limitation any obligations of contractor with respect to fitness, merchantability and consequential damages) or whether or not occasioned by contractor’s negligence. This warranty shall not be extended, altered or varied except by a written instrument signed by the contractor’s president and customer. The foregoing warranty will
not be honored if the customer has not timely paid all accounts Customer has had with Contractor. “Consequential damages” as used herein shall include Customer’s time missed from work for which Contractor shall not be liable.
10. Contractor hereby assigns to buyer all warranties given to Contractor by any manufacturer. Contractor shall have no liability concerning any manufacturer’s warranty.
11. Customer shall pay for all house calls regardless of whether Contractor performs any work (including equipment and labor that is under the warranty period,), if it has been determined the call was not related to Contractor’s warranty.
12. Contractor recommends annual maintenance and periodic inspections. Failure to follow manufacture’s instructions will
void warranties. Other companies or persons performing service on Contractor’s equipment shall void warranty.
13. Unless specifically included in the contract price, contractor will not conceal pipes, ducts and wires or include drywall patching and framing. All work is done in accordance with local industry customs and practices. Unless customer gives specific instructions reflective in this agreement, they will not be honored.
14. Customer acknowledges that temperatures may vary from room to room and in different levels of the house and that contractor shall have no liability for such variance.
15. Customer understands that new equipment will make different sounds and provide a different type of heat than older inefficient equipment.
16. Contractor shall not be liable for existing duct systems and/or line set, and any problems caused by the same.
17. Customer acknowledges that from time to time, Contractor may offer discounts as a promotional device. Promotions, of any kind, will not affect this agreement in any manner. This offer shall not be valid with any other offer.
18. Contractor shall not be responsible for covenants, zoning or other like laws, ordinances or agreements that may affect Customer property. Customer agrees to hold Contractor harmless from all liability in connection with the same.
19. Customer shall indemnify and hold Contractor harmless from all liability to include but not limited to any connection with regulated or hazardous substances in or on the property. In the event any regulated substances are encountered, Contractor shall terminate work until the matter is resolved and the completion date shall be extended, to include any and all cost associated with the same.
20. Customer shall indemnify to the fullest extent and hold contractor harmless from any and all demands, losses, liabilities, claims, suits, and actions (the “claims”) of any kind, nature, and description, including, but not limited to, personal injury, death, and consultants and/or attorneys fees and costs, directly or indirectly arising out of, connected with, or resulting from the performance of the Agreement or from any activity, work, or thing done, permitted, or suffered by the Contractor under or in conjunction with this Agreement
21. Customer agrees Premier Heating and Cooling LLC will not be held liable for any and all special or consequential property damages due to or related to equipment or failure of same, including water damage due to leaks from condensate lines, indoor coils, or water lines. Furthermore, Premier Heating and Cooling will not be held liable for a home not continuously occupied or damages that occur during an extended period of time in which a home is vacant.
22. BUYERS CANCELLATION: If you decide you do not want the goods or services, you may cancel this agreement by giving notice to the seller in writing via email at email@example.com. The notice must say that you do not want the goods or services and must be sent before midnight of the third business day after you sign the agreement.
23. SELLER CANCELLATION: Seller shall have the right to terminate this agreement at any time, for any reason. In such event, Contractor shall be paid for work and materials to the termination date. Any extra cost to complete said agreement by other companies are not the responsibility of Contractor, and Customer shall hold contractor
24. In the event Contractor retains an attorney to enforce this agreement, customer shall pay all reasonable attorneys
fees and costs incurred by the Contractor
25.Prmeier Heating and Cooling LLC and its agents expressly disclaim any duty to inspect or identify or report the presence or growth of any mold, mildew, fungus, or any combination thereof, on or around any equipment covered by this Agreement.
26.Premier Heating and Cooling LLC and its agents will be held harmless for any damages, including special damages and consequential damages, caused by the presence or growth of mold, mildew, fungi, or any combination thereof that is due to or related to equipment or failure of equipment covered by this Agreement.
27.From time to time, Premier Heating and Cooling will make available to you the services of independent contractors. Premier Heating and Cooling does not warrant or guarantee the quality of these services, and hereby disclaims all liability arising out of such services.
28. This Agreement contains the entire understanding and agreement between the parties, and all of their prior written
and oral agreements, understandings or arrangements are merged herein. No amendment or modification hereof shall be binding upon either party unless in writing and signed by the party to be charged therewith.