Terms of Service

1. Scope of Terms and Conditions. The Terms and Conditions of product sales and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by {Customer:Name} are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging McPherson Air Quality and Plumbing ("Seller") to provide product(s) or perform or produce any services, {Customer:Name} agrees to be bound by and accepts these Terms and Conditions unless Customer and Seller have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement." {Customer:Name} accepts these Terms and Conditions by making a purchase from or placing an order with McPherson Air Quality and Plumbing or engaging McPherson Air Quality and Plumbing to perform or procure any services. These Terms and Conditions are subject to change without prior notice.
2. Payment Terms. {Customer:Name} shall pay McPherson Air Quality and Plumbing according to the terms contained in the Installation Proposal. Final payment shall be due after the work described in the Installation Estimate is substantially completed. Terms of payment are due upon receipt, unless other terms are agreed upon between McPherson Air Quality and Plumbing and {Customer:Name}. {Customer:Name} agrees to be invoiced for any equipment orderd at the time of this estimate being accepted for equipment that is not able to be installed in a timely manner due to {Customer:Name}'s schedule.
3. Zoning and Permits. {Customer:Name} agrees to provide and ensure all zoning and permitting not detailed in sales estimate. McPherson Air Quality and Plumbing is not liable for any zoning or permit issues.
4. Change Orders. During the progress of the work under this Agreement, if {Customer:Name} should order extra work not specified in the Agreement, McPherson Air Quality and Plumbing such extra work to be considered an agreement separate and aside from this Agreement and will be billed as a time and material job and billed at McPherson Air Quality and Plumbing standard rates of service.
5. Work Schedule. Work shall be completed within a reasonable time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, McPherson Air Quality and Plumbing 's ability to obtain materials, and/or any cause beyond McPherson Air Quality and Plumbing 's control.
6. Substitutions. Should McPherson Air Quality and Plumbing be unable to obtain any material(s) specified in the Agreement or any Change Order, McPherson Air Quality and Plumbing shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the Contract Price.
7. Excess Materials.Extra materials left over upon completion shall be deemed {Company:Name}'s property, and {Company:Name} may enter upon the Property's premises to remove excess material(s) at all reasonable hours.
8. Supervision Responsibility. McPherson Air Quality and Plumbing shall supervise and direct the work at {Customer:Name}'s Property, using reasonable skill and attention. {Customer:Name} shall be solely responsible for the construction means, methods, technique, sequences, and procedures for all work performed at {Customer:Name}'s Property pursuant to this Agreement. {Customer:Name} shall not interfere with McPherson Air Quality and Plumbing's work forces or McPherson Air Quality and Plumbing s subcontractors.
9. Limited Warranty. McPherson Air Quality and Plumbing shall provide {Customer:Name} with a limited warranty on service and labor for the duration set forth by the original equipment manufacturer, beginning on the date of completion of services against defects in the quality of workmanship and/or materials ("Warranty Period"). McPherson Air Quality and Plumbing shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures (cooling set below 70°F, for instance); (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, or expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. {Customer:Name} is responsbile for paying equipment manufactuer for any transfer of equipment warranty. McPherson Air Quality and Plumbing is not responsbile for any warranties provided by the manufacturer. McPherson Air Quality and Plumbing makes no warranty to {Customer:Name} regarding materials and/or equipment installed (other than a warranty of title), and McPherson Air Quality and Plumbing authorizes no third person or party to assume any warranty obligation or liability on McPherson Air Quality and Plumbing 's behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer that shall furnish to McPherson Air Quality and Plumbing any and all applicable warranty documents. Seller hereby assigns to Buyer, without recourse, any applicable warranties extended to Seller. Such assignment shall constitute McPherson Air Quality and Plumbing }'s sole obligation and {Customer:Name}'s sole exclusive remedy from McPherson Air Quality and Plumbing with regard to defective materials and/or equipment installed. This limited warranty is in lieu of all other warranties, statutory or otherwise, express or implied, all representations made by McPherson Air Quality and Plumbing , and all other obligations or liabilities respective of the Services provided at the Property. McPherson Air Quality and Plumbing disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, implied warranty of habitability, implied warranty of fitness for a particular purpose or use, and/or implied warranty of merchantability. Under no circumstances shall McPherson Air Quality and Plumbing be liable to {Customer:Name} 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. All parts warranties are defined by the terms of the original equipment manufacturer's terms of warranty. Labor warranties are assumed to be no more than one (1) year unless otherwise stated or {Customer:Name} purchases an extended warranty. It is {Customer:Name} sole responsibility to register any and all equipment with the manufacturer to ensure manufacturer's warranty. McPherson Air Quality and Plumbing will not be held liable for any repairs on units that were not registered with manufacturer during original warranty terms.
10. Design Conditions. All equipment is designed and specified according to the expected temperatures and conditions expected at {Customer:Name}'s location. Seller is not responsible for cooling/heating beyond the "normal" conditions and observed loads observed during intial consultation. McPherson Air Quality and Plumbing is not responsible for any problems incurred due to incorrect information provided by {Customer:Name} at the time of consultation and load calculation. If McPherson Air Quality and Plumbing does not authorize McPherson Air Quality and Plumbing to conduct its own testing to determine load calculations, all insulation values, McPherson Air Quality and Plumbing shall size the new HVAC system based on the size of the existing HVAC system. In such case, McPherson Air Quality and Plumbing shall not be responsible for problems caused by over sizing (including without limitation short cycling, humidity control, and mold growth) or under sizing (including without limitation inability to heat or cool within the "normal" design temperatures).
11. Performance or Condition of Existing Equipment. McPherson Air Quality and Plumbing 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:Name} agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, {Customer:Name} assumes all responsibility for any additional service charges that may be incurred.
12. Paint, Patchwork, and Repairs. McPherson Air Quality and Plumbing is not responsible for any painting, patchwork, or repair work that may be required following modification/repair/installation work.
13. Mold. {Company:Name} shall not be 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 or any mold or any hazardous materials is excluded from the scope of McPherson Air Quality and Plumbing 's work, and McPherson Air Quality and Plumbing reserves the right to stop work until such mold or hazardous materials are removed.
14. Insurance and Waiver of Subrogation. {Customer:Name} shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall inure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. {Customer:Name}r and McPherson Air Quality and Plumbing waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto.
15. Indemnification.{Customer:Name} shall indemnify, defend, and hold harmless {Company:Name} 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 Seller; and (b) any failure of the Customer to comply with the requirements of the Agreement.
16. Risk of Loss. Risk of loss shall pass to the {Customer:Name} upon delivery of materials and equipment to {Customer:Name}'s Property. McPherson Air Quality and Plumbing shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to {Customer:Name}'s Property. {Customer:Name} shall assume all responsibility for any such loss and {Customer:Name} shall maintain insurance coverage to protect against such loss. 1
7. Severability. Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.
18. Performance. If {Customer:Name} fails to perform any of {Customer:Name}'s obligations herein or if McPherson Air Quality and Plumbing , in good faith, believes that the prospect of payment or performance to be impaired, McPherson Air Quality and Plumbing may upon seven (7) days written notice to {Customer:Name} terminate this Agreement while retaining all mechanic's lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys' fees, and other charges due and unpaid. 20. Dirt work/ yard repair. McPherson Air Quality and Plumbing will not be responsible or liable for any yard repair or grading of property.
19. Collections.If amounts owing under this Agreement are not paid within thirty (30) days, Customer agrees to pay a late charge on any outstanding balance at two per cent (2%) per month or twenty-four per cent (24%) per annum on the unpaid amount calculated from the date payment was due. {Customer:Name} will be deemed to have accepted McPherson Air Quality and Plumbing 's performance as complete under this Agreement unless {Customer:Name} notified McPherson Air Quality and Plumbing in writing otherwise within thirty (30) days of substantial completion. Should McPherson Air Quality and Plumbing retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owing, {Customer:Name} agrees to pay McPherson Air Quality and Plumbing 's costs associated therewith including without limitation reasonable attorneys' fees, court costs, and interest at the maximum legal rate.
20. Entire Agreement. This Agreement constitutes the entire agreement between {Customer:Name} and McPherson Air Quality and Plumbing . No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties. 21. Consumer Rebates. {Customer:Name} is responsible for filing and claiming any rebates included with this estimate. See https://www.lennoxconsumerrebates.com/ for details and instructions as to how to file for rebate.