Falconi Air Conditioning Service Plan

General Conditions and Exclusions

1. This Agreement is automatically renewed each year on the anniversary of purchase unless Customer gives Falconi (herein referred to as Company), notice of non renew. Upon termination, for any reason, there shall be no refund or credits allowed. In the event of sale of property, the Agreement is transferable.
2. The Customer cannot assign or transfer this Agreement with the exception outlined in #1 above. No modifications, additions or changes may be made to this Agreement.
3. Customer agrees to notify Company promptly of any unusual operating conditions of the subject equipment. Customer further agrees to notify Company promptly of any suspected malfunction or defect in the equipment. The Customer understands that Company has a 24-hour, 7-day-a-week answering service.
4. Customer agrees not to move or relocate equipment without notifying the Company. In the event Customer fails to notify, Company at its option may cancel this entire Agreement without refund or refuse to service the equipment so moved or relocated.
5. Any changes, adjustments or repairs made by anyone other than Company, including Customer, unless authorized or approved by Company, shall terminate Company’s obligation hereunder.
6. Company shall not be required to furnish any items of equipment, labor or other services, including, but not limited to, the performance of any tests, which are recommended or required or that may be required at some future date by any insurance company, any governmental agencies or authorities, and/or pursuant to any statutes, regulations or other laws.
7. This Agreement covers only reasonable and ordinary use of the equipment in question. Any repair or replacement that is caused by the Customer’s failure to use reasonableness in either the operation of the equipment or the failure by the Customer to report any malfunction or suspected malfunction in the equipment promptly, is not included in this Agreement and shall be paid for by the Customer in accordance with Company’s normal rate schedule.
8. This Agreement applies to major equipment and not to fixtures in which they are contained, nor to hardware, trays, defrosting pans, block tin, ducts, plumbing, electrical wiring, casings, pans, defrost heaters, nor to deterioration of housing, castings, frames or other items due to corrosion. This Agreement does not include repairs made necessary as a result of fire, water, accident, negligence, acts of God, labor disputes, freeze-ups of any kind, or to any repairs or replacements if caused by the negligence or want of care by the Customer in maintaining the equipment. Company assumes no liability for delays or failures hereunder caused by any of the foregoing or for any causes whatsoever for damage resulting from delays in performing the service hereunder or for any consequential damage whatsoever. If repairs or adjustments require any alterations or additions to structure or property, the Customer will obtain written consent of the owner thereof prior to the performance of such work.
9. Company shall be released from liability for any loss, damage, consequential damages, negligence, breach of contract or any other damages of any nature based upon express warranty, implied warranty or other legal theory due to the non-operation or malfunction of the equipment, including damage to property or personal injury caused by the equipment, unless said malfunction or non-operation of said equipment is due solely to the negligence of the Company.
10. The express warranties contained herein are in lieu of any and all warranties, express or implied, including any warranty of merchantability or fitness for a particular use. Without limitation, Company shall not be liable upon any warranty theory, express or implied, regarding the manufacture or operation of any equipment installed by it with the exception that Company shall cause same to be repaired or replaced in the event of faulty operation or malfunction of said equipment and shall be liable for no other damages except as specified herein. COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION.
11. Company shall be released from liability for any delay or failure to render the service or to make delivery of any merchandise as set forth herein due to federal, state or municipal actions or regulations; strikes or any other labor troubles; fires; embargoes, accidents, war, or any other cause contingent to, or circumstances beyond the control of, Company and/or that make the fulfillment of this Agreement impractical. On removal of the cause of such failure or interruption, performance shall be resumed pursuant to the terms as set forth herein. COMPANY SHALL BE RELEASED FROM LIABILITY AND SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR INDIRECT, INCIDENT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED BY CUSTOMER.
12. The standard of workmanship hereunder shall be that which is reasonable and customary.
13. Company shall be released fro liability for any injury, loss or damages whatsoever that are occasioned, in whole or in part, by defective design; faulty; incomplete or erroneous plans or specifications; defective materials or parts; defective operation or malfunction of any equipment. Company takes no responsibility for any instructions, directions, operating guidelines or warranties contained in any book, booklet, guide, manual or warranty from any manufacturer or dealer.
14. Payment Terms: All payments under this Agreement shall be due when billed. Payment is due at time of service. In the event said charges are no so paid, when due, Customer agrees to pay service charge of 1-1/2 % per month, which is an 18 % Annual Percentage Rate, and which will be charged on the average daily balance on any account past due over thirty (30) days. Work billed & due when service is rendered.
15. Service Hours: As a Priority Customer you will have 24-hour coverage every day including holidays for emergency service. Normal working hours are Monday through Friday, 7:30 a.m. to 4:30 p.m.
16. The Customer agrees to all terms and conditions listed in this brochure during the term of this Agreement and any renewals thereof. The Customer agrees that in the event there are any changes in coverage in the future, the terms and conditions of this Agreement shall continue to apply.
17. The Agreement is not an equipment or system replacement plan. Normal annual replacement such as filters are included in the annual tune up. Other parts and labor will be charged at a rate of 30% discounted from standard rate.