HVAC Terms and Conditions

1. Customer acknowledges that it has authorized Ingersoll Mechanical Inc., and its agents, employees and subcontractors ("Ingersoll Mechanical Inc.") to enter upon the Property to carry out the work performed or to be performed under this Work Order ("Work").

2. Customer shall ensure that Ingersoll Mechanical Inc. has clear and safe access to the Property and the work area to carry out the Work.

3. If it is necessary to cut or otherwise alter any existing structures on the Property of the Customer, including surfaces, walls, ceilings, floors or fixtures, Ingersoll Mechanical Inc. will obtain Customer's approval before the Work is carried out, except in an emergency. Determination of existence of an emergency shall be made solely by Ingersoll Mechanical Inc., in which case Ingersoll Mechanical Inc. may undertake such Work without obtaining Customer's prior approval.

4. Ingersoll Mechanical Inc. is not responsible for repairing any damage or reimbursing Customer for the cost of repairing any damage arising from any such emergency work referred to in the preceding paragraph, unless caused by the gross negligence or intentional misconduct of Ingersoll Mechanical Inc. or its agents. In the event that Customer desires Ingersoll Mechanical Inc. to fix any alterations made in an emergency, Customer shall pay Ingersoll Mechanical Inc. for any work performed or materials provided in addition to the Work contracted for.

5. Ingersoll Mechanical Inc. is not responsible for damage to any existing piping, vent(s), fittings, valves, motors, pumps etc., which may arise as a direct or indirect result of the Work performed hereunder.

6. Ingersoll Mechanical Inc. is not responsible for correction of existing code violations unless it expressly agrees in writing to perform such work after receiving prior approval from Customer. Any code violation discovered by Ingersoll Mechanical Inc. will be reported to Customer and, upon request, priced to correct under separate cover. Ingersoll Mechanical Inc. shall have no liability to any person for reporting or for failing to report any code violation to Customer.

7. Ingersoll Mechanical Inc. is not responsible for problems arising from, and owner hereby expressly agrees to hold Ingersoll Mechanical Inc. harmless from any damage to persons or property arising from or on account of any exacerbation of any pre-existing. conditions affecting or affected by the work performed herein, including, but not limited to, Ingersoll Mechanical Inc.'s contact with or disturbance of building or other materials containing asbestos, lead, PCB's, mold or other hazardous conditions, unless the existence of hazardous conditions was expressly brought to the attention of Ingersoll Mechanical Inc. prior to commencement of the Work.

8. Title to goods and materials provided to Customer hereunder passes to Customer when Customer has paid for those goods and materials in full in accordance with the Payment Terms hereof.

9. Customer's signature indicates that Customer has inspected and accepted the Work completed as written on this invoice.

10. Payment Terms:

Unless another arrangement is made in writing and signed by an authorized representative of Ingersoll Mechanical Inc., all payments are due at the time services are rendered.

Payment Options Include: (1) Cash; (2) Check; and (3) Visa or MasterCard

11. Warranty:

All labor and parts used to perform the work described herein are warranted to be free from defects in materials and workmanship for a period of thirty (30) days from the date of this invoice (conditioned upon the terms set forth herein). All other warranties, whether expressed or implied, are hereby expressly disclaimed, including disclaimer of any implied warranties of merchantability, habitability or fitness for a particular purpose.

Manufacturer's warranties on goods, appliances, equipment, materials and similar items are, to the extent legally assignable, hereby assigned to Customer. Ingersoll Mechanical Inc. shall have no obligation to remove any defective item, nor to install any replacement thereof, where the reason for such removal and replacement is solely a manufacturer's defect.

Warranty service scheduled within the warranty period will be performed during normal business hours, (Mon. - Fri. 7:30 a.m. to 4:30 p.m.) except in the case of emergency. If Customer requests premium time for non-emergency warranty service, the customer will be responsible to pay the premium labor rate for the service call.

Ingersoll Mechanical Inc. will inform the customer if replacement parts from the factory will entail lead times extending beyond 3-5 business days.

12. The commencement of Work by Ingersoll Mechanical Inc., or the supply of any goods, as applicable, shall constitute acceptance of these Terms and Conditions by Customer.

13. Where Customer is not the owner of the Property, Customer represents to Ingersoll Mechanical Inc. as follows:

Customer has obtained the consent of the Owner and any agent of the Owner of the Property for Ingersoll Mechanical Inc. to carry out all Work and supply goods, including that referred to in the Ingersoll Mechanical Inc. Price List, the Ingersoll Mechanical Inc. Report, the Ingersoll Mechanical Inc. Quotation Form and the Ingersoll Mechanical Inc. Works Form, as applicable, and these Conditions; [Designate client's appropriate form]

Customer is liable to pay the account although it is not the Owner;

Customer indemnifies Ingersoll Mechanical Inc. against all costs, liability, loss or damage caused to, suffered by or claimed against Ingersoll Mechanical Inc. its employees, agents and contractors, due to any breach of this paragraph by Customer.

14. Customer shall reimburse Ingersoll Mechanical Inc., its directors, officers, employees, agents, successors and assigns for any costs or expenses, including attorney fees, associated with a default by the Customer of these Terms and Conditions.

15. The contract for the provision of the Work and goods is governed by Michigan law, and the parties submit to the exclusive jurisdiction of the courts of Michigan.

16. For any questions or concerns regarding this invoice or the service you've received, please feel free to call our office at anytime and ask for the service department.