TERMS & AGREEMENTS
Warranties – Blanton & Sons warranty to the Customer is that all services will be performed in a suitable professional manner and that the repaired or replaced parts will be of merchantable quality free from defects in material, quality and design until the termination of this agreement or one year whichever occurs first Blanton's will at their option, repair, replace or issue a credit as complete satisfaction of this warranty.
Code compliance - The 2006 International Residential Code requires (in section M1401.2) states that "Heating and cooling equipment shall be sized based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies." Furthermore, IRC section M1601.1 requires that "Duct systems serving heating, cooling and ventilation equipment shall be fabricated in accordance with the provisions of this section and ACCA Manual D or other approved methods. Blanton's Mechanical & Sons will not be held responsible by sizing in accordance with the International Residential Codes or for home envelope deficiencies.
Changes to equipment - If the equipment included under this agreement is changed in any material respect by a party other than Blanton's during the term of this agreement, this agreement shall be modified to incorporate such changes, and the agreement shall be adjusted accordingly.
Exclusions - Blanton's service under this agreement does not include calls resulting from a lack of operator-level preventative maintenance, site-related problems or operator errors, service calls due to failures resulting from disasters, abuse, misuse, alterations, modifications, attachments, parts or repairs not performed or provided by Blanton's, or failure to allow access to equipment. Furnishing supplies, painting or refinishing the equipment or furnishing material, therefore. Electrical work external to the equipment or installation, maintenance or removal of alterations attachments to the equipment. Repairs or replacement of items not normally mechanically maintainable such as ductwork, castings, cabinets, structural supports, tower field/slats/basin, hydronic and pneumatic piping. Also excluded unless otherwise stated herein are erosion, corrosion, acid cleaning and damage beyond Blanton's control due to freezing weather. Work necessitated by adjustments, repairs, alterations by parties not authorized by Blanton's. Work necessitated by the negligence of others, including operations and water treatment companies.
Access - Customer will provide and allow Blanton's full access upon request to all equipment and devices part of or associated with this agreement. In the event Blanton's is denied or prevented gaining access due to any other action or omission of Customer, nay condition of the premises, (to include, but not be limited to, removal, replacement, repair, refinish, restoration, reconstruction, or remedial actions on affection or required by the premises), Blanton's obligation under this agreement shall be suspended until the act, omission, or condition affecting access is remedied. Suspension of Blanton's obligations pursuant to the paragraph will not result in the termination of this agreement or any suspension of Customer's obligations under this agreement.
Indemnification - Except as noted in the paragraph below, each party agrees to indemnify and hold the other party, its officers, agents, and employees harmless from injury, loss, damage, claim, or cause of action directly caused by any negligent act or omissions or act of willful misconduct on the party granting indemnification in connection with the performance of that party's obligations under this agreement.
Limitations of Liabilities - In no event will either party be liable to the other for any consequential, special or indirect damages other than as provided for in this agreement. Neither party shall be liable or responsible for a loss/damage/injury control, including but limited to A) Acts of God B) Acts of government agencies C) Strikes D) Labor disputes E) Fire, explosions, or casualties (unless caused or contributed to the negligence or willful act the party otherwise intended excused by this paragraph. F) Theft G) Riots H) Wars I) Malicious mischief or J) Unavailability of materials, parts, or supplies. The Customer acknowledges and agrees Blanton's is not an insurer regarding services provided under this agreement. Payment to Blanton's for services on such equipment is not sufficient for nor are same intended as requiring Blanton's to assume any risk of any damage or loss to Customer, its officers, agents or employees, resulting from the failure of systems to perform properly at any time during the terms of this agreement. Blanton's shall have no liability under this agreement for any injury, loss, or damage caused directly or indirectly by any equipment or system not specified covered by this agreement.
Notwithstanding any other provisions of this agreement to the contrary, the maximum liability of Blanton's to Customer any claim, loss, damage, or injury, (other than personal injury or death) which Blanton's may be liable pursuant to the terms and conditions of the agreement shall be limited to the total annual price to be paid by Customer to Blanton's pursuant to this agreement.
Scope of Services - Customer expressly acknowledges and agrees that Blanton's obligations hereunder are strictly that of a provider of services and not as a vendor of goods or merchant. Except as expressly stated above, Blanton's makes no warranties, either expressed or implied, under this agreement in connection with any equipment (if any) provided or installed by Blanton's in Customer's premises under this agreement.
Assessment & Adjustments - Customer agrees to assume full responsibility for any present or future taxes or other government charges now or hereafter imposed by existing and future laws in connection with the transfer's use, ownership, or possession of any equipment to which this agreement relates. Yearly adjustments to the annual agreement price may be required based upon prevailing costs. Blanton's will provide the Customer with notice of any adjustments price no later than 30 (thirty) days before the agreement renewal date.
Resolution of Disputes - In the event of any disputes between Blanton's and Customer relating to or arising provision of this agreement, representation of Blanton's and the Customer shall meet in a good faith effort to resolve the dispute through negotiations in the event the parties are unable to resolve the matter through negotiations, any dispute, controversy, or claim arising out of or in connection with this agreement shall upon request of either party, be submitted to and settled by such form of extrajudicial dispute resolution as the parties may mutually agree. Such alternative forms may include meditation, mini-trial, or arbitration; the matter under dispute shall be submitted to arbitration in conformity with the rules of the American Arbitration Association then in effect. Any award rendered as a result of the arbitration shall be final and conclusive upon the parties, and a judgment may be entered upon that award in the highest court of a forum, state or federal, having jurisdiction over the matter. The expenses of arbitration shall be borne equally by the parties to the arbitration, provided that each party will pay and bear the cost of its own experts, evidence and counsel.
Miscellaneous Provisions - Any notice required to be given under this agreement shall be in writing and shall be sent by certified mail, return receipt to the party at the address noted on page one of this agreement. This agreement shall not be assignable without the prior written consent of the parties hereto. This agreement embodies the entire agreement between the parties and supersedes any prior oral understandings, written agreements, proposals or other communications between the parties hereto. Any subsequent change or modification to this agreement will not be effective unless made in writing by a written instrument executed by both parties. The written instrument explicitly indicates its status as an amendment change or modification to this agreement. Customer expressly acknowledges and agrees that any purchase order issued by the Customer pursuant to this agreement shall operate only to establish payment authority for Customer's internal accounting purposes. Any such purchase order issued by the Customer shall not be considered a counteroffer, amendment, modification, or other revision to the terms of this agreement. Any terms or conditions in the Customer's purchase order shall be at no force and effect in connection with this agreement.