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 1.25% per month (or the highest legal rate) until paid in full. All payments received by Silicon Valley Comfort shall be applied to the oldest outstanding invoice. The customer agrees that it shall pay all expenses incurred by Silicon Valley Comfort 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 State of California and jurisdiction in Santa Clara County. 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 Silicon Valley Comfort until payment in full is received. The customer hereby agrees that all parts and equipment may be repossessed in the event of non-payment in full as agreed to under TERMS on the reverse side.
TAXES AND OTHER CHARGES
If applicable, sales tax is included in the price and paid to the government by the Silicon Valley Comfort. 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 Silicon Valley Comfort and Customer shall be paid by Customer in addition to the price quoted or invoiced.
In the event Silicon Valley Comfort is required to pay any liability for such tax, the Buyer shall indemnify Silicon Valley Comfort and hold Silicon Valley Comfort harmless from and against any liability relating to such tax. This indemnification and hold harmless shall also apply to any liability resulting from any exemption certificate or other indication of exempt status provided by Customers not being applicable to the authority imposing the same.
NOTICE TO CUSTOMER – RE: CONTRACTOR’S LIENS
Under California’s State lien laws any contractor, subcontractor, laborer, supplier or another 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. Silicon Valley Comfort hereby notifies Customer that persons or companies furnishing labor and materials for this construction project on customer’s land may have lien rights on customer’s land and building if the equipment and work are not paid for in full.
Those entitled to lien rights, in addition to Silicon Valley Comfort, are those who contract directly with Customers or those who give Customers notice within sixty (60) days after they first furnished labor and/or materials for the construction. Accordingly, the Customer 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. Silicon Valley Comfort agrees to cooperate with Customer 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, Silicon Valley Comfort and its employees are insured by Worker’s Compensation insurance while working on the job. We also carry product liability insurance after the installation is complete. Silicon Valley Comfort conducts pre-employment criminal background checks and drug screenings, in addition to random drug screenings. Silicon Valley Comfort applies for all required permits and coordinates all necessary inspections with local municipalities, utilities, and third-party contractors. Silicon Valley Comfort carries and maintains all required state, local, and industry licenses required to perform all aspects of the work contracted or notifies Customer in writing when and for what specific reason and scope of the work a licensed, bonded and insured subcontractors 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 the 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. Customers 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 will 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 Silicon Valley Comfort will, provide such parts 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.
Silicon Valley Comfort warrants that all work performed all parts, 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 Customer’s exclusive remedy shall be limited to the replacement of any defective parts or craftsmanship or the refund of amounts paid by Customer for said service and shall be conditioned upon Silicon Valley Comfort receiving actual written notice of said defects within the one (1) year period noted herein.
Failures or malfunctions 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 is 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 a title) from silicon valley comfort including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Silicon valley comfort 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 Silicon Valley Comfort or any undertaking, acts of omission related thereto; and (3) all consequential, incidental, and contingent damages whatsoever.
HOW TO OBTAIN SERVICE
Please give us your installation date and show the technician this Agreement when he arrives to service your equipment.
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