Company’s Obligation: Company shall provide the services described on our Invoices and Estimates, consistent with Company’s standard practices and in accordance with the terms and conditions set forth below. (Company referred to as “Cool Squad Corp or CoolSquad Air Conditioning”)
Promised Results and Hidden Conditions: Customer understands and agrees that the duct cleaning services may not totally clean or remove, all contaminants, odors, stains or damages in all areas, even after diligent and reasonable efforts by the Company, and Customer agrees that no such guarantees, warranties or representations as to results or levels of decontamination or cleanliness are made by the Company except as stated on a written Agreement. Customer further acknowledges that there may be hidden or unknown conditions that would affect the cleaning process used by the Company; and Customer agrees that the Company shall not be responsible for any damage caused by any hidden conditions. Prior to the technicians’ arrival, Customer shall notify the Company of any preexisting or damaged conditions and shall remove all valuable and breakable items from the area where services may be performed, and Customer shall be responsible for any loss or damage resulting there from.
Time Limit: Our Estimates are made for immediate acceptance (void if not accepted within 30 days after proposal date) and there are subject to withdrawal without notice. The proposal and contract conditions are made with the understanding that when accepted by the Customer and approved by an officer of the Company all conditions become an integral part of said contract.
Warranties and Limitation of Damage: The warranties and liabilities set forth above are in lieu of all other warranties and liabilities, expressed or implied, in law or in fact, including implied warranties or merchantability and fitness for particular use. The Company warrants that for 30 days from date of installation all products, and equipment provided by the Company will be free from defects in material and workmanship, except the air conditioner systems, which are warranted for 1 year on labor, and from 1 to 10 years on compressor and other internal parts depending upon brands and models of the manufacturer. Under this warranty, the Company retains the option to repair the equipment or provide replacement parts. Warranty does not include routine maintenance, such as air filter, drain cleaning, breaker tripping or replacement, fuse replacement or the application of chemicals.
Use of Chemicals: Customer is advised that a potential health risk may occur as a result of the application of cleaning agents, deodorizer, sanitizers, micro biocides, or any other chemicals (referred to as “Chemicals”) used in services as described on our service product list. Customer further represents that he/she accepts the risk as set forth herein. Customer hereby releases and forever discharges the Company’s Air Duct Cleaners and its agents, principals, owners, shareholders, directors, managers and employees from any and all claims as to injuries, damages and health problems of any nature, whether know or unknown, suffered as a result of the application of said chemicals.
Service: The Company will not be held liable for loss or damage, consequential or direct, arising from the operation or failure of the equipment or its controls, or for work done on it or for material or labor delays. It shall be at the discretion of the Company and its technician to repair or replace defective parts, materials or units, whenever necessary. Upon replacement of a unit or part, the removed part or units will become property of the Company. Once the equipment has been delivered at the job site, it is the owner’s responsibility to care for them. The Company is not responsible for any physical damage exceeding the amount of job being done. The Company is not responsible for any water damage, wall painting, framing, ceiling, wall paper covering, floor covering or any other inconvenience, whether or not attributed to mechanical failure.
Verbal Promises: The Company assumes no responsibility whatsoever for any oral/verbal promises made by the Company employees, sub-contractors and/or sub-sub-contractors. Any additional terms and conditions not in this agreement must appear in writing, signed by Customer and an officer of the Company. There are no promises, representations or understandings outside of written agreements. Said instrument shall not be altered or modified except by an agreement in writing signed by both parties. No officer, agent or employee of the Company shall have the power to waive or be deemed or held to have waived any provision hereof unless such waiver is in writing and signed by the Company’s duly authorized representative.
Payment: Payments are due upon completion of work and payable to the Company’s representative. Any amount owing to the Company shall be delivered at the Company’s mailing address, except for financing provided by a third party. Financing will be submitted to a third party, bank or other financing institution. The Company is not liable for any financing costs, interest or other fee charged by the financing company to the Customer. Any amount owing to the Company and unpaid within 30 days after the date of this invoice shall bear either a $35 fee per month, the 18% annual interest or the highest lawful interest permitted, until final balance is paid. All returned checks are subject to a $30 administrative fee per incident. All deposits are not refundable, except for cancellation of the job by the Company. The Company can stop all work if payments as set forth are not made when due. The Company has the option to pick up any parts, equipment, units, etc. if payment as set forth herein are not made when due, from any and all properties where such equipment, units and parts exist. All unpaid parts, equipment, supplies, etc. remain the property of the Company until balance is paid in full.
Completion of Work: Customer agrees to inspect the services immediately upon completion and notify the Company’s crew of any complaints before they leave. To the extent that they may validly do so, the parties agree that the services will be deemed to be fully acceptable if no notice of any defect in materials or workmanship is received by the Company in written within 3 days of completion of service.
Dispute Resolution: Customer agrees to notify the Company of all complaints in written and allow the Company to inspect and/or correct any deficiencies in the services. Customer and Company agree that all disputes, controversies or claims regarding the inadequacy of services between Customer and Company, arising form or relating to this Agreement and/or the services to be provided by the Company shall be submitted to nonbinding mediation or arbitration in accordance with applicable Alternative Depute Resolution Procedures. The award of the arbitrator in any such proceeding shall be final and binding upon both parties and either party may apply to an appropriate court to enforce such award, if necessary.
Costs: Should the Company be required to bring an action to enforce the terms hereof or declare rights hereunder, the Company shall be entitled to recover from Customer all costs and reasonable attorney’s fees required in asserting its rights under this Agreement in any action, arbitration, trial or appeal.
The terms and conditions of this Agreement shall insure to the benefit of and be binding upon the parties hereto, their respective hairs, representatives, successors and assigns.
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