Service-Basic Conditioner Agreement Terms
Acceptance: By Customer’s signature on the front page of this Agreement, or other conduct by Customer which recognizes the existence of a contract between Customer and Dealer with respect to the subject matter hereof, Customer shall be bound by this Agreement.
Entire Agreement/Modifications: This Agreement is the complete contract between Customer and Dealer regarding the Services. Any terms that add to, vary from, or conflict with this Agreement are void. No promise, statement, or representation by any of Dealer’s agents, employees, or representatives will be binding upon Dealer unless it appears in this Agreement. This Agreement may be modified or amended only by written agreement signed by both Customer and an authorized representative of Dealer.
Term: The term of this Agreement begins on the Commencement Date and ends on the Expiration Date (“Term”). At this end of the Term, this Agreement shall automatically renew for a period of one (1) year, provided that Customer makes payment pursuant to the invoice that Dealer issues to Customer for the extension.
Payment: Customer shall pay Dealer on time for all amounts due under this Agreement on or before the due date set forth in any invoice, including applicable tax and charges. If Customer fails to make any payment when due, Dealer may charge Customer a LATE FEE OF TEN DOLLARS ($10) or the highest late fee permitted by law, at Dealer’s sole and exclusive determination. If Customer pays Dealer by check or pre-authorized debit transaction that is returned unpaid, Dealer may charge Customer A RETURN PAYMENT CHARGE OF TEN DOLLARS ($10) each time that Customer’s check or pre-authorized debit transaction is returned unpaid.
Default: If Customer fails to pay the Total Price or any other amount owed to Dealer when due or fails to permit Dealer to perform the Services. Customer shall be in default of Customer’s obligations under this Agreement and Dealer shall have no further obligation to Customer hereunder, including, but not limited to, the performance of the Services.
Services: Dealer will provide the Services to the Equipment during the Term. The Services do include any repairs to Customer’s Equipment or other repairs including, but not limited to, repairs to Customer’s plumbing system. Costs for parts, equipment, or labor, if any, provided incidental to the Services are included in the Total Price. Upon Customer’s request, Dealer will perform the Services for Customer and/or perform the 10-Month Performance Checkup on Customer’s Equipment during the last three (3) months of the Term.
Time: Dealer will perform the Services in Customer’s residence during Dealer’s normal business hours. If Customer requests Services to be performed outside of Dealer’s normal business hours, Customer shall pay Dealer’s standard overtime rates and/or minimum charge for labor.
Access: Customer shall provide Dealer adequate access to the Equipment for purposes of providing the Services.
Warranty: DEALER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), RELATING TO: (1) THE EQUIPMENT; AND (2) PARTS OR EQUIPMENT THAT DEALER INSTALLS UNDER THIS AGREEMENT (IF ANY).
Limitation of Liability: CUSTOMER ASSUMES ALL LIABILITY FOR ALL CLAIMS, INJURY AND/OR DAMAGE ARISING OUT OF POSSESSION, USE, OR CONTROL OF THE EQUIPMENT, DEALER SHALL NOT BE RESPONSIBLE FOR ANY INCDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES UNDER THIS AGREEMENT. Customer’s sole and exclusive remedy against Dealer for any claim alleging that the Services were inadequate shall be for Dealer to either correct the defective work or refund Customer the Total Price, at Dealer’s sole and exclusive determination. Dealer shall not be liable for failure to meet a service deadline or shipping delay of parts or equipment necessary to perform the Services.
Water Quality: If Customer’s water quality, water consumption, water pressure, or flow rate changes, or if maintenance of the Equipment is affected by external factors such as sediment or sand or any inadequate water supply, additional equipment or parts may be required. At Customer’s request, Dealer will furnish such equipment, parts, and/or labor to Customer at Dealer’s regular prices then in effect.
Tax: Customer shall pay Dealer for any tax(es) incurred in providing the Services, including, but not limited to, sales tax or any parts or equipment.
Indemnity: Customer shall pay, defend, indemnity and hold harmless Dealer and its employees, agents, authorized representatives, subsidiaries, and affiliates from and against any loss, damage, liability, claims, suits, attorney’s fees and cost arising out of or relating to the Agreement, except to the extent that any actual damages are attributable to the negligence of Dealer, Customer’s indemnity obligation shall survive the expiration, termination, or cancellation of this Agreement.
Miscellaneous: Customer shall not assign this Agreement without Dealer’s written consent. Dealer may assign this Agreement at any time without notice to Customer. No waiver by Dealer of any provision of this Agreement shall constitute Dealer’s waiver of any other provision of this Agreement. Capitalized terms shall have the meaning assigned in this Agreement.