Terms and Conditions
1. Purchaser hereby accepts the equipment and service described above and agrees to pay “Countywide Service Inc” DBA Chesterfield Service Inc., further referred to as “the Company” the price shown in the proposal or digital media presented.
2. All equipment and material are guaranteed by the Company, to be as specified, any reference to specific efficiency ratings or savings are not guaranteed. All work will be completed in a workmanlike manner according to normally accepted practices.
3. Materials and work in addition to that described herein will be furnished only on Purchaser’s authorization and will be paid by Purchaser as an extra charge.
4. Upon failure to pay any sums due hereunder, Purchaser agrees to pay the Company interest at the rate that is maximum allowable by law or two percent (2%) per month (annual rate of 24%) whichever is higher on all outstanding balances.
5. The Company shall not be liable for any default caused by events beyond its control, including but not limited to, fire, flood, strikes, accidents or other acts of God, or delays due to equipment availability or shipping, affecting this work or other operations in which it is involved, directly or indirectly.
6. Purchaser shall permit the Company reasonable access to the property on which equipment is to be installed. Title to all provided equipment remains with the Company until all amounts due thereon are paid in full, whether such equipment is affixed to the realty or not and shall remain personal property and be deemed sever-able without injury to the freehold. On any payment default by Purchaser, or if in the Company’s judgement, reasonably exercised, its equity appears to be imperiled, then, the Company may without further notice enter the premises and remove or resell the equipment, and Purchaser shall be liable for any deficiency or loss sustained by the Company in connection therewith.
7. Once equipment is connected at Purchaser’s property, Purchaser assumes all risk of loss or damage to such equipment and shall insure same fully to protect all interests of the Company, cost of insurance to be paid by Purchaser. the Company carries liability insurance and Worker’s Compensation Insurance in accordance with license requirements.
8. The Company provides a one-year limited labor warranty, unless superseded by other warranties that were purchased. Equipment or system failure due to lack of proper maintenance service as described by the manufacturers guidelines or abuse is expressly excluded. Normal maintenance check-ups and filter replacements are the responsibility of Purchaser. All other warranties, expressed or implied, are the responsibility of the manufacturer of the equipment, parts, or materials used in connection with the services.
9. There are no warranties, expressed or implied, for existing equipment, ductwork, or other materials not installed by the Company.
10. All warranty work will be performed during the Company’s normal working hours, 8:00AM to 4:30PM, Monday through Friday.
11. Purchaser is responsible for all costs and reasonable attorney fees incurred by the Company in connection with any action or proceeding (including arbitration and appeals) arising out of this agreement, including collection of any outstanding amounts due, whether or not suit is filed.
12. Except as provided herein the Company makes no other representations or warranties, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose the Company expressly disclaims all other warranties. the Company’s maximum liability hereunder shall consist of refunding all moneys paid to it by Purchaser hereunder subject to removal and return to the Company of all equipment provided hereunder. Under no circumstances will the Company be liable to Purchaser or any other person for any damages, including, without limitation, any indirect, incidental, special, or consequential damages, expenses, cost, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to this agreement, or the services or equipment provided hereunder.
13. This agreement shall be governed and construed solely according to the internal laws of the State of Missouri, without reference to any conflicts of laws.
14. This agreement is the complete and exclusive statement of the agreement between Purchaser and the Company and it supersedes all prior oral and written proposals and any prior or subsequent communications pertaining to the subject matter hereof. Signature on agreement is fully binding.