All work is 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, any and 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
- Rusted or defective pipes
- Acids or Chemicals in the drain system
- Lines that are settled or broken
- Existing illegal conditions
- Defective roofing
- Aged HVAC equipment
- Improper equipment installations.
- 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.
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 null and void. 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.
Your acceptance of this Agreement and all its terms and conditions is evidenced by your signature on the document, or in lieu thereof, by your acceptance of the work, installation 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 by 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. Any and all disputes arising out of this sale shall be interpreted under the laws governing the Commonwealth of Pennsylvania and jurisdiction in the Berks County Court of Common Pleas. It is agreed and understood by the parties that all equipment and material, which are sold pursuant hereto, shall not become fixtures or part of the real estate where they are placed. Said and equipment shall at all times remain personal property and the title thereto shall remain with the Company until payment in full is received. Client hereby agrees that all material and equipment may be repossessed in the event of non-payment in full as agreed to under 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 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 product’s 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 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 material and repair labor as may be needed to keep your central air conditioning and/or heating system (listed on reverse) 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 material, materials and equipment which are installed in servicing or the installation of the heating and 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 material 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, give us your installation date and show the technician the Installation or Service Agreement, Work Order or Contract when he arrives to provide you service.