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Please see below for the terms and conditions for service from Fleet Refrigeration. This service includes but is not limited to maintenance, installation, repairs, diagnostic, and system design.
1. Scope of Terms and Conditions: These terms and conditions are part of the contract documents for any transaction between Fleet Refrigeration & Air Conditioning Co., Inc (referred to as "Fleet Refrigeration" from here on out) and any construction, installation, maintenance, or service customer (referred to as "Customer" from here on out) with whom Fleet Refrigeration agrees to perform work. The Terms and Conditions of product sales and service projects are contained herein. By accepting and requesting any work performed by Fleet Refrigeration, the customer is agreeing to these Terms and conditions unless the Customer and Fleet Refrigeration have a signed separate agreement. These Terms and Conditions constitute a binding contract between the Customer and Fleet Refrigeration and will be referenced on every invoice and estimate. These terms are subject to change without prior notice, except that the Terms and Conditions posted on Fleet Refrigeration's website at the time the customer accepts any given estimate will govern, unless otherwise agreed in writing by Fleet Refrigeration and the Customer.
2. Payment Terms and Collections: All new customers must have a credit card on file for a technician to come out. Customer agrees to pay all invoices created by Fleet Refrigeration for the work performed on behalf of the Customer. Once work is completed, the Customer must submit payment to Fleet Refrigeration 30 days from the date on the invoice. After 30 days, customer will be charged 2% interest per month until the invoice is paid. A deposit may be required for some jobs, the deposit amount may vary. Financing is an option through a third party and if a Customer is interested in that they must contact the office. If payment and interest is not paid within 120 days, Fleet Refrigeration will send the invoice to third party collections. Should Fleet Refrigeration require the assistance of a third party to assist with an unpaid balance, the Customer agrees to pay Fleet Refrigeration's attorney and court fees.
3. Limited Warranty: Fleet Refrigeration offers a limited 30 day warranty for parts and labor. These 30 days go into effect starting from the date of completion for the job performed. Parts covered do not include equipment purchases. Equipment has a manufacturer's warranty ranging from six months to one year, depending on the supplier. Compressors all have a one year manufacturer's warranty unless an extended warranty is purchased at the time of installation. Seller shall not be liable during or following the Warranty Period for any:
· Damage due to ordinary wear and tear or abusive use
· Damage due to use of the equipment beyond the design temperatures
· Defects that are the result of characteristics common to the materials used
· Loss, injury or damages caused in any way by the weather elements
· Conditions resulting from condensation on, or expansion or contraction or, any materials
· Any water leak, blockage, freezing, or other malfunction of condensate or drain lines
· Air leaks arising from structural deficiencies within existing supply/return ducts or transitions.
Under no circumstances shall Fleet Refrigeration be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs or attempted repairs shall void this warranty entirely.
4. Price Guarantee: Prices listed on invoices or estimates are only valid for 30 days from the date on the invoice or estimate. Overtime is charged Monday thru Friday after 4:30PM or before 8AM. It is also charged on weekends and holidays.
5. Performance and/or Condition of Existing Equipment: Fleet Refrigeration is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the 30 day warranty service will only cover the newly installed equipment, controls, or materials, as well as our labor. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred. Additionally, any issues discovered while performing an installation or repair are not covered by any quoted price. An additional fee will be charged for the repair of any other issues.
6. Liability: Fleet Refrigeration is not responsible for any loss, damage, fire, explosion, injury, including any incidental or consequential damages, or death as a result of any repairs, service, or installation performed by Fleet Refrigeration.
7. Change orders: During the time when work is being performed, if the Customer requests any additional work not specified in an estimate or work order, Fleet Refrigeration may require such extra work to be considered a separate agreement and may require an additional estimate or work order.
8. Personal Property: Fleet Refrigeration is not responsible for damage to Customer’s personal property left in or near the project area.
9. Paint, Patchwork, and Repairs: Fleet Refrigeration is not responsible for any painting, patchwork, or repair work that may be required following modification or installation work.
10. Mold and Hazardous Materials: Fleet Refrigeration is not responsible for any claims, damages, actions, costs or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold. The discovery and/or removal of any mold or hazardous materials is excluded from the scope of Fleet Refrigeration's work, and Fleet Refrigeration reserves the right to stop work until the mold or hazardous materials are removed.
11. Supervision Responsibility: Fleet Refrigeration is responsible for the direct work at the Customer's property, using reasonable skill and attention. Fleet Refrigeration is solely responsible for the construction means, methods, technique, and procedures for all work performed at the Customer's property. The Customer shall not interfere with Fleet Refrigeration's technicians or subcontractors.
12. Existing Equipment: Fleet Refrigeration is not responsible for the conditions or problems associated with any existing equipment. The Customer is responsible for any costs incurred to diagnose existing problems and conditions. Should the Customer reject Fleet Refrigeration's suggestion to repair or replace existing equipment, Fleet Refrigeration's limited warranty is voided.
13. Zoning and Permits: Customer agrees to timely provide all information necessary to secure plans and permits for any work requested by Fleet Refrigeration. The work requested must be contracted in compliance with applicable zoning, classification, and building codes. Any costs for work not in the Estimate provided by Fleet Refrigeration but required by lawful authorities to bring the work up to applicable code shall be the responsibility of the Customer. Fleet Refrigeration assumes no responsibility for violation of zoning rules/ laws.
14. Indemnification: Customer shall indemnify, defend, and hold harmless Fleet Refrigeration and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney's fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Fleet Refrigeration; and (b) any failure of the Customer to comply with the requirements of the Agreement.
15. Shipping and Delivery: Fleet Refrigeration will deliver products requested within a reasonable time after obtaining written or verbal acceptance of an estimate, subject to the products availability. The delivery date provided to the Customer is only an estimate based on necessary information received from the Customer and the supply houses availability and stock. The Customer is entitled to any and all extra costs and expenses related to shipping. Fleet Refrigeration is not responsible for any delays, lost, or damage items in transit and failure to deliver within the estimated time will not be a breach of contract on Fleet Refrigeration's part.
16. Insurance: Fleet Refrigeration shall purchase and maintain general liability insurance to cover all personal injury up to $1,000,000, damage to tangible property up to $2,000,000, general aggregate up to $2,000,000, products up to $2,000,000, and an umbrella amount of $5,000,000. A Certificate of Liability Insurance (COI) can be provided upon request.
17. Access to the Property: Customer grants Fleet Refrigeration a right of unhindered entry into the property where the work is to be performed to deliver or collect materials, tools, or equipment and/or to perform it's work. This right shall not be terminated by a single use, but shall authorize multiple entries when and where required, with no liability for damage.
18. Site Conditions: All bids and/or proposals presume the existence of suitable conditions for the placement of all equipment, goods, and work required to be installed by Fleet Refrigeration. It is also presumed that access shall be granted by the Customer or property owner in a method suitable to allow unhindered access to the work area for delivery of all materials and work by all persons required to perform the work on a normal business day. Any variances in the conditions shall require additional payment to be made by the Customer and shall be determined by Fleet Refrigeration based on the conditions encountered and the actual/administrative costs incurred. This includes delays or changes in the scope of work caused by the Customer, property owner, or other contractors working on the site.
19. Responsibility of Work: Fleet Refrigeration is not responsible for any work done on the customer's equipment by the customer, another maintenance worker, HVAC company, Refrigeration company, or anyone not employed or contracted out by Fleet Refrigeration.
20. Deposits: Deposits may be required for equipment, parts, or jobs exceeding $5,000.
21. Entire Agreement: These Terms and Conditions constitute the entire agreement between the Customer and Fleet Refrigeration. No other agreements or warranties will be binding unless set forth in writing and signed by both parties.
Please contact with any questions regarding these Terms and Conditions. These Terms and Conditions apply to all estimates and invoices provided by Fleet Refrigeration.
Contact us at 617-666-1843