GENERAL CONDITIONS
All labor and materials are conclusively accepted as satisfactory unless accepted to in writing within 7 days of performance.
Any claim for property damage is conclusively waived unless presented to contractor in writing within 7 days of the occurrence. The liability of the contractor for malfeasance or nonperformance is limited to the amounts due hereunder.
It is hereby provided that the title to all material to be furnished by the undersigned shall be and remain in the undersigned, until all sums of money called for in this proposal have been fully paid, and that until said sums are so paid said materials shall be (and by your acceptance hereof you agree) and remain personal and removable property in whatsoever manner they may be annexed to realty; that in case of default in the payment above provided for the undersigned is authorized to enter said premises and take possession of and remove said materials at any time; and that in the event of default the undersigned may retain as liquidated damages any sum or sums of money that have been paid hereunder and that all expenses incurred in litigation arising out of and caused by failure to make payments as herein provided for shall be paid by you. Furthermore, if this contract is cancelled by the undersigned and material has been ordered, all restocking fees, freight charges, and all other related charges will be borne by the undersigned whose name appears on the contract as allowed for by law.
RESPONSIBILITIES OF CLIENT
Client represents that all water, waste disposal, heating, cooling systems / equipment and the like are in good repair and condition and agrees to hold Quinn’s PHC (Company) harmless for the discovery of any of the following defective conditions:
- Improper or faulty plumbing
- Lines that are settled or broken
- Aged HVAC equipment
- Rusted or defective pipes
- Existing illegal conditions
- Improper equipment installations
- Acids in the drain system
- Defective roofing
- Equipment not maintained
Client is required at his expense to do all work and other acts to meet all conditions necessary to allow Company to complete work as provided in this agreement.
PROTECTION OF CLIENT’S PROPERTY
Client agrees to remove or to protect any personal property, inside and out including, but not limited to, carpets, rugs, shrubs, and plantings, and Company shall not be responsible for said items. Nor shall Company be held responsible for the natural consequences of Company’s work which may cause damage to improvements to real property including, but not limited to curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, and other appurtenances to the residence of other real property.
Company shall not be held responsible for damage to personal property, real property, or any improvements to real property, caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals.
ENTIRE AGREEMENT
This is the entire agreement. The parties are not bound by any oral expression or representation by any agent purporting to act for or on their behalf or by any commitment or arrangement not set forth herein. The agreement binds jointly and severally all signing as Client, their heirs, representatives, successors, and assigns. The price contained in this agreement is based upon work being done at the time service is rendered and shall be valid for 30 days. After 30 days if all parties do not sign this agreement it shall become invalid. The description of work in this agreement will have to be re-evaluated.
Company does not provide an itemized breakdown of materials and labor for work due to flat rate pricing.
PAYMENT TERMS
Your acceptance of this Agreement and all its terms and conditions is evidenced by your signature on the reverse side, or in lieu thereof, by your acceptance of the labor, materials, and equipment referred to herein. This is not a credit sale. The entire is due upon completion of the described work unless otherwise agreed to in writing by management. Any payment not received within 10 days of completion is subject to service fees at an interest rate of 2.00% per month (or the highest legal rate) until paid in full. All payments received Quinn’s Plumbing Heating Cooling(Company) shall be applied to the oldest outstanding invoice. Client agrees that it shall pay all expenses incurred by Company for the collection of any delinquent accounts including, but not limited to actual agency or attorney’s fees, filing fees and costs, in addition to the Agreement amount outstanding. All disputes arising out of this sale shall be interpreted under the laws governing the Commonwealth of Pennsylvania and jurisdiction in Berks County, PA. It is agreed and understood by the parties that all equipment and parts, which are sold pursuant hereto, shall not become fixtures or part of the real estate where they are placed. Said parts and equipment shall always remain personal property and the title thereto shall remain with the Company until payment in full is received. Client hereby agrees that all parts and equipment may be repossessed in the event of non-payment in full as agreed to under these TERMS.
TAXES AND OTHER CHARGES
If applicable, sales tax is included in the price and paid to the government by the Company. All other taxes (manufacturer’s tax, retailers occupation tax, use tax, excise tax, duty, customs, inspection or test fees, utilities, or any other tax, fee, or charge of any nature whatsoever) imposed by any governmental authority on or measured by the transaction between Company and Client, shall be paid by Client in addition to the price quoted or invoiced. In the event Company is required to pay any liability for such tax, the Buyer shall indemnify Company and hold Company harmless from and against any liability relating to such tax. This indemnification and holding harmless shall also apply to any liability resulting from any exemption certificate or other indication of exempt status provided by Client not being applicable to the authority imposing the same.
NOTICE TO CLIENT - RE: CONTRACTOR'S LIENS
Under Pennsylvania State lien laws any contractor, subcontractor, laborer, supplier or other person who contributes to an improvement upon your property but is not paid for the work performed or for the materials or services supplied, has claims that may be asserted against you, including claims that may be enforced against the property by court order to satisfy your unpaid debt. Company hereby notifies Client that persons or companies furnishing labor and materials for this construction project on Client’s land may have lien rights on Client’s land and building if the equipment and work is not paid for in full. Those entitled to lien rights, in addition to Company, are those who contract directly with Client or those who give Client notice within sixty (60) days after they first furnished labor and/or materials for the construction. Accordingly, Client will probably receive notices from those who furnished labor or materials for the construction and should give a copy of each notice received to his mortgage lender, if any. Company agrees to cooperate with Client and his lender, if any, to see that all potential lien claimants are duly paid.
INSURANCE, PERMITS, LICENSES, INSPECTIONS, Etc.
For your security and protection, Company and its employees are insured by Worker’s Compensation insurance while working on the job. We also carry products liability insurance after the installation is complete. Company conducts pre-employment criminal background checks and drug screenings, in addition to random drug screenings. Company applies for all required permits and coordinates all necessary inspections with local municipalities, utilities, and third-party contractors. Company carries and maintains all required state, local, and industry licenses required to perform all aspects of the work contracted or notifies Client in writing when and for what specific reason and scope of the work a licensed, bonded and insured sub-contractor will be utilized.
DATES FOR PERFORMANCE
All dates specified in this Contract for the beginning, performance, substantial completion, or completion of work by us, and guarantee and warranty are subject to and contingent upon the following: abuse, negligence, sabotage, acts of God, riots, inspections, civil commotions or disorders, delays or defaults by carriers or suppliers, inherent defects in the home, strikes, fires, accidents, theft, storms or weather conditions, lack of access to the home, and any other causes beyond our control, including inability to obtain materials despite our best efforts. Neither party to this agreement shall hold the other responsible for any indirect or consequential damages of any nature such as, but not limited to, loss of revenue or loss of the use of any equipment or facilities. Client shall carry fire, tornado, flood, theft, and other necessary insurance the prices quoted in this proposal may be subject to increase if not accepted within ten (10) days, and the work not completed within one hundred twenty (120) days due to delays not caused by us.
ADDITIONAL WORK AUTHORIZATIONS
You will be duly notified of any required additional or recommended work, materials, equipment, and/or labor needed to complete the installation along with any additional investment amounts. Any authorized alteration or deviation from the specifications on the reverse side involving extra costs will be executed and will become part of this Agreement and will be billed in addition to the original contract price and is due payable according to TERMS. A separate Additional Work Authorization listing the additional scope of equipment, materials, and labor will be written, along with the agreed to investment amount. Your signature is not necessary to authorize the work, just your verbal consent and acceptance of the labor, materials, and equipment referred to therein. A copy of the document with be provided for your records and is considered in its entirety to be an amendment and accumulative to this Agreement.
WARRANTY COVERAGE and LIMITATIONS ON WARRANTIES
It is hereby agreed that Company will, provide such parts and repair labor as may be needed to keep your central air conditioning and/or heating system in proper operating condition for the time period indicated on the reverse side, provided such service or repair is required due to equipment failure during normal usage without intervening external causes, and provided the equipment is maintained annually.
Company warrants that all work performed all parts, materials and equipment which are installed in servicing or the installation of the plumbing, heating, cooling systems will be completed in a professional manner and said work shall be free from defects in materials and craftsmanship for a period of one (1) year from the date said work is performed or manufacturer’s warranties, whichever is longer, unless otherwise noted. Company’s obligation for defective products and/or craftsmanship or any damaged caused thereby and Client’s exclusive remedy, shall be limited to the replacement of any defective parts or craftsmanship or the refund of amounts paid by Client for said service and shall be conditioned upon Company receiving actual written notice of said defects within the one (1) year period noted herein. Failures or malfunctions that that are not considered manufacturing defects such as damage or malfunction resulting from an act of God, fire, storms, flood, earthquake, faulty power supply, theft, riot, strike, misuse, abuse, or lack of maintenance are not covered.
In the event an extended warranty is expressly included in this Agreement, the terms and conditions of that warranty and incorporated herein by reference, shall supersede the warranty contained in this paragraph, but shall in no way vary any other terms or conditions stated herein.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM COMPANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTIES; (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY COMPANY OR ANY UNDERTAKING, ACTS OF OMISSION RELATED THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER.
HOW TO OBTAIN SERVICE
When repairs are required, call 610-376-6001 or 215-242-6329, give us your installation date and show the technician this Agreement when he arrives to service your equipment.
CONDITIONS AND LIMITATIONS
1. This Agreement sets forth the entire Agreement between Quinn’s Plumbing Heating Cooling (Company) and the Owner/Client (Client). Representations and promises made by the service technician or any person and not contained in this document are not part of this Agreement.
2. Only the equipment listed in the contract is covered by the warranties indicated on the agreement.
3. Repairs will be made ONLY during normal working hours. After-hours service, if needed, may be available at an additional charge.
4. Company reserves the right to select the service technician to perform any repairs called for by this Agreement.
5. Any material and work beyond that covered by this Agreement will be furnished only upon Client’s request and authorization.
6. Extended warranties for equipment, as noted, are insured through a third-party warranty company, and only cover registered equipment in accordance with the warranty certificate terms and conditions which is mailed to the CLIENT shortly after in¬stallation completion.
7. Repair Diagnostic Fees, refrigerant and other items not covered by the extended warranty (if applicable) will be additional charges at time of service.
8. Extended Warranties are limited to registered equipment components only and do not include wiring, refrigerant lines, condensate pumps, accessories, etc.
9. Extended Warranties can only remain intact if you have a maintenance agreement with Company. Further, you run the risk of voiding the manufacturer’s warranty it the equipment is not properly maintained on an annual basis for plumbing, heating, cooling respectively.
10. We assume normal chimney conditions with a straight, clean drop from crown to base so that a properly sized liner will slide down easily. Any unforeseen conditions such as offsets, jagged blocks, structural supports, misaligned terracotta sections, etc. may disallow a liner installation or increase the amount of materials and labor required. In such event, due notice wit be given as to an applicable credit allowance or investment Increase prior to work continuing or stopping to allow ample time for your decision as to how to progress.
QUINN’S PLUMBING HEATING COOLING WILL NOT BE RESPONSIBLE FOR:
1. Damage or repairs required because of faulty installation or service by others, abuse, unauthorized alteration, improper operation, improper selection, installation, or application of equipment.
2. Company equipment not installed at the same time as the equipment listed, or any other equipment installed by others.
3. Repairs required to correct failures or malfunctions that are not caused by manufacturing defects, such as damage or malfunctions resulting from water, storm, earthquake, theft, riot, misuse, or abuse.
4. If your existing furnace/blower coil, coil, and/or condensing unit is not replaced at the same time, you may experience heating and/or cooling problems, lack of capacity, and lower efficiencies due to differences in brand, technology, age, and operating requirements bet¬ween the equipment components. Any modifications or replacements of your existing equipment components required to make your new system function properly, and not itemized on the reverse side, will be billed in addition.
5. Due to the brand differentiation, age and/or condition of any existing equipment components, ductwork and materials associated with the HVAC system for which we are contracted to work on, Company is not responsible for anything we do not repair, modify, or replace at the time of installation (must be itemized on reverse side).
6. A larger electrical service may be required for this installation, which will be quoted and billed in addition to the base Investment. We are not responsible for lights dimming, operation or lack of operation of other appliances due to inadequate electric power supply for the new equipment.
7. Pre-existing conditions within the home such as power shortages/surges, dimming lights, electric wire shortages; power fluctuations, structural defects, faulty wiring, water leaks, leaky ducts and pipes, inadequate ductwork, concealed damage, etc.
8. Additional or unusual utility bills incurred due to any malfunction or defect in equipment listed on this Agreement.
9. Services made mandatory by changes in federal, state, or local regulations.
10. Any expenses incurred to perform under the Agreement terms due to the inaccessibility of the equipment. (The service technician will bill minimum charge on scheduled calls).
11. Any special, indirect, incidental, or consequential loss, damage, or injury resulting from the use or loss of use of product or from any delay in rendering repairs under this Agreement. In any event, Company liability under this Agreement will not exceed the total amount paid by Client to Company.
12. A normal service fee will be charged for service or repair work performed in normal working hours. After hours work, if needed, will be a separate arrangement between Company and Client.
13. The refinishing or replacement of cabinets or cabinet parts, bases and mountings, decorations (including paint, paneling, wallpaper, etc.) and trim. Remote condensate pumps, electrical service, refrigerant lines, or drains external to the equipment listed on reverse side.
14. Normal maintenance as outlined in the servicing instructions or owner’s manual Including but not limited to coil cleaning, filter cleaning and/or replacement and lubricants or any repairs which are made necessary because normal maintenance was not performed.
15. DUCT CLEANING WAIVER: Cleaning or cost associated with cleaning the home, carpets, furniture, etc. due to dirt, debris, soot, etc. dislodged by the system if the ducts are not cleaned prior to installation of the system.
CLIENT’S RESPONSIBILITY:
The following are entirely the responsibility of the Client:
1. All service and repairs not covered by this Agreement.
2. To check and replace fuses or reset circuit breakers.
3. To operate the equipment in accordance with the maintenance in Owner’s manual for the equipment, including but not limited to the cleaning of the condensate drain, the condenser, the evaporator coil, the cleaning, and replacement of air filters and accessories.
4. To give the service technician free access to the equipment and its controls.
5. To provide adequate combustion air in accordance with The National Fuel Gas Code and Manufacturer’s specifications.
6. CHIMNEY LINER WAIVER: To provide a clean, tight, properly sized chimney with a liner and adequate draft. Code requires that all chimneys have a properly sized liner.
NOTE: If upon installation of your new heating equipment the chimney is found not to be lined and/or properly sized or adequate combustion air is not available the equipment will not be made operational until proper conditions are met. A properly sized chimney liner and adequate combustion air intakes will be an additional investment if required and not listed on reverse side.
7. Have the chimney professionally cleaned and inspected prior to installation, especially for oil to gas (natural or propane) conversions.
8. The removal and/or cost associated with the removal of any asbestos pertaining to any area within our scope of installation. The Client should have a professional asbestos abatement company remove any asbestos found to complete installation.
HVAC PERFORMANCE GUARANTEE
We want to be certain you will be comfortable. So, if you keep your new equipment maintained, repair any breakdowns, and operate the system in accordance with the manufacturer’s operating and maintenance instructions, we’ll guarantee your new system will maintain at the thermostat Cooling 75°F. on a 95°F. summer day and Heating 68°F on a 15°F. winter day. If from the date of a complete system replacement to the end of the period specified on the reverse side, those temperatures are not achieved (as determined by us after analyzing the system), we will make any modification or replacements to the system which are necessary (not due to lack of maintenance and in accordance with above) to achieve those temperatures AT NO ADDITIONAL CHARGE!
UNCONDITIONAL WARRANTY
If within 24 months from the completion date of your installation you are not completely happy with the workmanship and manufacturer’s specified performance of the system we Installed, we will make any modification to our installation necessary to achieve your happiness, (within the equipment specified limitations. Upgrades or brand changes are not included.). If we are unable to satisfy your concerns, we will remove the system within thirty (30) days of your request and refund 100% of your money so that you may purchase a new system from another contractor of your choice. Since you decided to replace your existing system as of the date of this agreement, your old system when it is removed will be scraped and is not available to be reinstalled should you decide to invoke this guarantee.