Terms and Conditions
General Conditions– The following conditions shall be considered as part of this contract.
1. Seller guarantees the equipment and workmanship of the apparatus furnished under this contract and will replace or repair any defects, not due to ordinary wear and tear, or due to improper use or maintenance, which may develop within one year from the date of completion. Seller further agrees to replace any refrigerant lost during that period, caused by defects in the installation, and not due to improper use or maintenance.
2. In no event shall the seller be liable for consequential damages.
3. On the delivery of the equipment by seller, or any part thereof, to the premises of the buyer, buyer shall assume risk of loss or damage to such equipment and shall cause same to be insured in all aspects against loss or damage in an amount to protect the interest of the seller. Cost of insurance is to be paid by the buyer.
4. Unless otherwise agreed work shall be performed during regular business hours. If overtime is mutually agreed upon and preformed, the additional price, at the seller’s usual rates, shall be added to the contract.
5. Buyer shall provide the seller’s workman a safe place in which to work, and the seller shall have the right to discontinue work when, in the seller’s opinion, this clause is being violated. Seller shall not be liable for any delay, loss, or damage caused by such delay.
6. Buyer shall be responsible for structural ability of the premises to contain the equipment in the manner and location specified in the contract or shown on the drawings, and the seller shall not be liable for any failure of premises due to such structural deficiency.
7. In the event that material incorporated in this contract is for delivery and installation, and buyer is unable to receive same, Seller shall have the right to bill buyer for the amount of the material in accordance with the terms of the contract and also to provide suitable storage and insurance at the buyer’s expense.
8. Seller shall not be held responsible or liable for any loss, damage detention, or delay caused by acts of God, strikes, lockouts, or by any other cause which is unavoidable or beyond the seller’s control.
9. Title to the equipment remains in the seller until payment of the entire purchase price and all sums due the seller under this contract are fully made. All equipment, whether affixed to the realty or not, shall remain personal property and be deemed serviceable without injury to the free hold. In the event of default of payment or any installment or failure to perform any terms or conditions of their contract or in the event that a proceeding bankruptcy or insolvency be instituted by or against the buyer, or if equipment is misused, illegally used or imperiled, then at seller’s option the entire unpaid balance shall become immediately due and payable without notice or demand and in such case seller may resell the equipment or any part thereof at either private or public sale.
10. Computrols warranty excludes failure of a Computrols Direct Digital Controller caused by acts of God including, but not limited, to earthquakes, storms, fires, or floods. Computrols shall not be responsible for delays or failures (including any delay by Computrols to make progress in the prosecution of supplying replacement parts) if such delay arises out of causes beyond control. Such causes may include but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, severe weather, hurricane, tornado, lightning, water damage, corrosion, war, civil insurrection, vandalism, damage caused by third parties, power failure, power surge or damage caused by the Owner’s employees or agents, and acts or omissions of subcontractors or third parties. Computrols lifetime warranty does not include labor to fulfill warrantied hardware diagnosing, replacing, or commissioning by contractor or contractors’ representative.
11. Should the seller be delayed by reason of any default on the part of the buyer of the terms and conditions of this contract, the entire contract price, less payment theretofore made, shall become due, and shall bear interest at the full legal rate from the date of billing.
12. If buyer claims that the plan does not fulfill the terms and conditions of the contract. He shall notify seller in writing this effect, specifying what in particular fails. A responsible length of time shall then be allowed to remedy any defect or deficiencies that may exist, or to demonstrate to buyer the capacity of the plan to fulfill the terms and conditions.
13. Buyer shall keep the equipment free of taxes and encumbrances, shall not remove said equipment from the premises without written permission of seller, and shall not transfer an interest in said equipment or in this contract without written consent of seller until all payments due hereunder have been made.
14. Neither buyer nor seller shall not assign this contract or any rights thereunder without the other party’s written consent.
15. Seller’s scope of work shall not include the identification, detection, abatement, encapsulation, or removal of asbestos, or product or materials containing asbestos or similar hazardous substances. In the event that contractor encounters any such products or materials in the course of performing its work, seller shall discontinue its work and remove its employee’s from the project until such products or materials and any hazards connected there within are abated, encapsulated or removed, or it is determined that no hazard exist (as the case may require), and the contractor shall receive an extension of time to complete its work hereunder and compensation for delays encountered as a result of such situation and correction of same.
16. Buyer agrees to pay Seller the Contract Deposit at 50% of contract price upon acceptance of this contract. The Contract Deposit is non-refundable and not subject to any credit or setoff.
17. If Seller institutes any legal suit, action, or proceeding against Buyer to enforce this Agreement or obtain any other remedy arising out of or relating to this Agreement, the Seller is entitled to receive, in addition to all other remedies to which Seller may be entitled, the costs and expenses incurred by the Seller in conducting or defending the suit, action, or proceeding, including reasonable attorneys’ fees and expenses.