Agreement. This Agreement is between you (Customer) and Gaithersburg Air Conditioning & Heating Inc. (GAC Services), having an address at 227 E. Deer Park Dr. Gaithersburg, MD 20877. This Agreement is for the purchase and installation of central heating and/or air conditioning equipment described in this document. The delivery and installation of the Equipment by GAC and the payment therefore by Customer, shall be completed in accordance with the terms specified.
Access. On the date specified, the customer shall allow and provide GAC all reasonable and necessary access to the work area(s), and shall ensure that the work area(s) are free and clear of any obstacles which would hinder or delay performance of the work.
Payment. All outstanding payments will be provided to GAC Services immediately upon completing the job. It is agreed and understood by the parties that all equipment and parts which are sold pursuant hereto shall not become fixtures or part of the real estate where they are placed. Said parts and equipment shall at all times remain personal property and the title thereto shall remain in the seller’s name Gaithersburg Air Conditioning & Heating (GAC Services) until payment in full is received. Customer agrees to pay all costs and reasonable attorney’s fees if this proposal is placed in the hands of an attorney for collections. Buyer hereby agrees that all parts and equipment may be repossessed in the event of nonpayment. A carrying charge of 2% per month (24% APR) will be charged on the average daily balance of any amount not paid by the Due Date (within 25 days of the issuance of a statement).
Permits. Permits required by local law for the installation of the Equipment, if any, shall be obtained by GAC Services on behalf of customer.
Conditions Beyond Our Control. GAC will not be responsible for any delays caused by its failure to obtain the Equipment or to install the same resulting from weather conditions, the acts of governmental entities, strikes or other labor difficulties, acts of war, or other causes or circumstances beyond GAC Services reasonable control. Time is not of the essence with respect to this Agreement. Due to the delicate nature of our installations GAC Services takes reasonable precautions to eliminate and/or minimize damage to the home. Unfortunately at times nail pops, drywall / trim cracks, scratches, holes, stains, and other damage can occur even when utmost care has been taken because of home structure, condition of old equipment or working space. It is understood that GAC Services is not held liable for these damages that are beyond our control.
Our Limited Liability. EXCEPT WHERE GAITHERSBURG AIR CONDITIONING & HEATING FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT IN A SKILLFUL AND COMPETENT MANNER, GAC SERVICES MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO GAC SERVICES. GAC SERVICES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, SUCH AS CUSTOMER’S LOSS OF USE OF ITS FACILITIES, LOSS OF REVENUES, LOSS OF ANTICIPATED PROFITS, OR THE COST OF REPLACEMENT HEAT OR AIR CONDITIONING.
Warranty. GAC Services warrants that, to the extent warranted by the manufacturer, the Equipment supplied by GAC Services shall be free of defects in design and workmanship. In addition, if the Equipment proves defective during the first year period following installation, GAC Services shall, at its option, either repair, replace or issue credit for the Equipment; provided, however, that the defect was not caused in any way by Customer or Customer’s agents.
Changed/Additional Work. Any Customer-requested alteration or deviation from the work required under this Agreement involving extra costs for GAC Services will be performed only pursuant to written agreement between Customer and GAC Services.
Customer’s Right to Cancel. The customer has a right to cancel this agreement within three business days after signing in acceptance. The customer must notify GAC Services. in writing within those three days to cancel the agreement.