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Warranty

Manufacturers require that equipment be maintained by a licensed professional HVAC installer or service agency in accordance with the unit installation, operation and maintenance instructions provided with the unit. Failure to provide regular maintenance may void a manufacturer warranty. Maintenance provided by Robin Aire meet, and exceed, the minimum maintenance requirements put forth by all major manufacturers to ensure manufacturer warranties will be upheld.

SERVICE AND MAINTENANCE LIMITED WARRANTY

PAYMENT TERMS: The entire invoice is due upon completion of described work. Any payment not received within 10 days from completion of work is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid. If applicable, sales tax is included in the price. If seller commences litigation or employs attorneys to collect payment for any amount due from Buyer, Buyer agrees to pay reasonable costs and attorney’s fees which may be due.

COLLECTION COSTS: Customer agrees that it shall pay all expenses incurred by seller for the collection of any delinquent accounts including, but not limited to, actual attorney’s fees, filing fees and costs. Any and all disputed arising out of this sale shall be interpreted under the law of the state in which the work was performed.

WARRANTIES, AND LIMITATIONS ON WARRANTIES:  Seller warrants that all work performed and all parts and equipment which were installed in the servicing of the heating and air conditioning unit(s) were completed in a workmanlike manner and that said work shall be free from defects in materials and workmanship for a period of 365 days from the sale said work was performed or manufacturers warranties, whichever is longer. Seller’s obligation for defective products and/or workmanship or any damage caused thereby, and Buyer’s exclusive remedy, shall be limited, at Seller’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditioned upon seller receiving actual written notice of said defect within the 365 day period noted herein.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM SELLER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE SUBJECT TO AND DISCLAIM (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY (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 SELLER OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

RESTRICTION OF THE PERIOD LIMITATION OF ACTION:  Any legal action relating to this agreement or breach thereof shall be commenced within (1) year from the date of the work, buy shall be deemed to have accepted all delivered good which he has not rejected within three (3) days of receipt.

ALTERATIONS:  Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by the seller, will be cause to terminate Seller’s obligation under this contract.

EXCLUSION OF COURSE OF DEALING:  It is agreed that no prior course of dealing or usage of trade not expressly set forth in this contract shall be admissible to explain, modify or contradict this contract in any way.

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