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R.
<br />S.
<br />T.
<br />U.
<br />V.
<br />W.
<br />TERMS AND CONDITIONS
<br />115 Mason Circle, Suite B
<br />Concord, CA 94520
<br />Phone: 925-459-9200 Fax: 925-459-9220
<br />DUTIES AND RESPONSIBILITIES OF OWNER
<br />5. Upon agreement of a timely mutual schedule, allow Contractor to stop and start equipment necessary to perform service.
<br />Contractor warrants that all service provided under this Agreement shall be performed in a workmanlike manner. Contractor also warrants that all parts or components supplied hereunder shall
<br />be free from defects in material and workmanship. For parts or components determined to be defective within one year form date of installation, and in the case of service, determined to be
<br />defective within ninety (90) days of completion of that service, Contractor shall at its option repair, replace, or issue a credit for any such equipment, components or service, provided that they
<br />were not damaged, abused, or affected by chemical properties. Contractor shall not be liable for repairs required as a consequence of faulty installation, misapplication, abuse, improper
<br />servicing, unauthorized alteration or improper operation. Any claim for defective workmanship must be provided to Contractor in writing. THIS WARRANTY IS IN LIEU OF ALL OTHER
<br />WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br />PURPOSE. Contractor's obligations to repair, replace, or issue credit for any defective equipment, components or service shall be customer's exclusive remedy.
<br />6. Provide adequate water treatment.
<br />7. Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings.
<br />8. Where Contractor's remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability.
<br />9. Promptly address any issues that arise related to mold, fungi, mildew or bacteria.
<br />PAYMENT
<br />Payment shall be made net 30 days from date of invoice. Contractor reserves the right to require cash payment or other alternative method of payment prior to completion of work if Contractor
<br />determines, in its sole discretion, that Customer or Customer's assignee's financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the Contract
<br />price, Customer shall pay Contractor any applicable taxes or government changes that may be required in connection with the service or material furnished under this Agreement.
<br />WARRANTY
<br />Should this contract conflict with project specifications, this Contract shall govern. Should the Scope of Work conflict with the Manufacturer's Specifications, the Scope of Work shall govern.
<br />Should Drawings prepared by Contractor conflict with Manufacturer's Standard Construction Details, the Contractor's Drawings shall govern.
<br />EQUIPMENT CONDITIONS & RECOMMENDED SERVICE
<br />Upon the initial scheduled preventive maintenance or annual maintenance, should Contractor determine the need for repairs or replacement, Contractor will provide Customer in writing an
<br />"equipment condition" report including recommendations for corrections and the price for repairs in addition to this agreement. In the event Contractor recommends certain services that are not
<br />included herein or upon initial inspection, and if Customer does not elect to have such services properly performed in a timely fashion, Contractor shall not be responsible for any equipment or
<br />control failures, operability, or any long-term damage that may result. Contractor at its own option will either continue to maintain equipment and/or controls to the best of its ability, without any
<br />responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.
<br />EXCLUSIONS
<br />Unless specifically addressed in the Scope of Services, the following items will be excluded: pre-existing conditions, code compliance improvements to the existing HVAC, permits, title 24
<br />calculations, engineering, structural calculations or modifications, building life-safety tie in, overtime labor, line voltage power wiring, gas/condensate piping, patching/sealing of penetrations and
<br />anything other than state in the Scope of Services. Anything not specifically listed as included herein shall be known by the parties as excluded form this proposal.
<br />CONTRACT EXECUTION
<br />This contract signed by both parties constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms, except as modified by
<br />written Change Orders agreed to by each party to this agreement.
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