Terms of service
Empire Heating and Air Conditioning
Agrees to provide the necessary labor and maintenance materials to perform a comprehensive maintenance program for the equipment listed on the front of this form. Our maintenance and service program are designed to provide our customers with an on-going professional program that is tailored to provide specific needs of the equipment listed.
All services will be scheduled, administered and updated by Empire Heating and Air Conditioning. All services performed are based on manufactures recommendation, equipment type, location, season, and our own experience. All services will be performed by an experienced technicians.
The service required to maintain your equipment may include but not limited to the following.
The annual investment to be paid by customer on annual terms or per visit bases due at the time of service. Under this agreement is based upon the maintenance of the equipment listed on the face of this Agreement as a complete heating and/or air conditioning system. Customer may not delete equipment from the annual plan. In the event additional equipment is added to customers heating and/or air conditioning the same will be covered at an increase of annual/per visit charges.
Customers Right to Cancel:
Customer may cancel a multi-year Agreement by mailing a written notice of cancellation to Empire Heating and Air Conditioning. If cancelled, the customer will receive a pro-rated refund of the payments made by customer for the remaining time left on the agreement.
Empire Heating and Air Conditioning reserves the right to immediately terminate this agreement; in the event the heating and/or air conditioning equipment was installed in customer home and or property by a company other than
Empire Heating and Air Conditioning; Customer fails to pay in full for any service, repair, or labor within 30 days of work performed; Customer has failed to acknowledge
Empire Heating and Air Conditioning’s schedule service notice within 30 days of being sent. If customer fails to acknowledge
Empire Heating and Air Conditioning schedules service within 60 days of being sent all unused funds are to be considered forfeited to Empire Heating and Air Conditioning.
Warranties & Limitations on Warranties:
Empire Heating and Air Conditioning warrants work shall be free from defects in workmanship for a period of 6 months from the date work was performed. Only the manufacturer’s warranty is provided on any part or material provided in connection with the work performed, out of warranty system replacement parts are generally 90 days.
Empire Heating and Air Conditioning’s obligation for defective products and/or workmanship or any damaged caused thereby, shall be limited to the replacement of any defective parts or workmanship and shall be conditional upon Empire Heating and Air Conditioning receiving actual written notice of said facts within applicable warranty period. The forgoing warranties are and in lieu of all expressed or implied warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose. Empire Heating and Air Conditioning shall not be subject to in any way and disclaims all consequential incidental and contingent damages whatsoever.
It is understood PM Heating and Air Conditioning LLC will use care when performing any service, but shall not be liable for failure to discover/disclose conditions necessitating repairs or replacements, nor shall any inspection be constructed as an approval or guarantee of the condition of the heating and air system or equipment. There are no warranties expressed or implied oral or written, which extend beyond those expressed on this document and Empire Heating and Air Conditioning makes no implied warranty. Further Empire Heating and Air Conditioning shall not be held liable for any consequential, special, incidental or contingent damages or expense arising directly or indirectly from any defect in the work performed or parts installed, repaired, furnished in repair work. It is understood that Empire Heating and Air Conditioning is not the manufacturer of items supplied by it and our clients relies solely on the warranty of the manufacturer. Client recognizes and accepts that aged, abused, unreasonably accessible and deteriorated equipment may no longer be serviceable and that the client agrees to hold Empire Heating and Air Conditioning blameless and defend PM Heating and Air Conditioning LLC against any and all claims or liability for damages or destruction to those items or items within the home as a result of conventional repair, service or inspection efforts.
This agreement sets forth the entire agreement between the parties and supersedes all other agreement written or oral concerning the subject of this agreement.