Terms and conditions of sales and service

Incorporation of Terms.
1. These terms and conditions “TCSS” govern the agreement formed by your placement of a service call or acceptance of any estimate given to you by Wayne T Seventy, llc. (“WTS”).
2. These terms are incorporated by reference into any service performed, contract signed, estimate approved or sales agreement and control over any inconsistent terms in your purchase order or other acceptance.
Services.
1. Upon acceptance of any service by you, WTS will perform the installation, service, repair or other services requested by you, described in contract, estimate, your service request or sales agreement.
Schedule.
1. Any services will be completed, and/or delivery will be made in accordance with the schedule created upon confirmation, or as otherwise approved by the parties in writing, limited by lead times, work load and schedule for equipment delivery.
Specifications.
1. Service Performed.
  1. The services will be performed in substantial conformity with the specifications set forth in the local, state and federal codes and guidelines, as well as any standard practices for the industry.
2. Manufacturer Recommendations.
  1. All equipment manufacturer recommendations will be followed to support any warranty claims that may arise. Any work requested outside of manufacturer recommendations may void any manufacturer related warranties.
Customer Requirements.
1. Access and safety.
  1. Customers must provide adequate and safe access to any equipment that is to be installed or serviced. Any service that cannot be performed safely will be refused and invoice will be sent for time incurred.
2. Installations.
  1. Cooler/Freezer Box installs: Customer must provide smooth surface for box to be assembled on, insulated floor for freezer unless box is supplied with insulated floor.
  2. Condensing units to be set on the roof must be within the bounds of the cooler/freezer servicing unless otherwise noted in quote.
  3. 2” clearance must be given around the perimeter of the box if installed indoors to allow for assembly and ventilation
Changes.
1. Changes in the specifications, quantities, schedule or other aspects of the services that are requested or approved by you do not become binding upon WTS unless accepted by WTS in writing.
2. Any such changes may result in additional or increased charges, and you agree to pay such increased charges.
Invoicing and Charges.
1. Service and Repair Invoices.
  1. The charges for services performed, materials used and other fees are described on the invoice, subject to adjustment as provided in these terms, and you agree to pay to WTS such charges.
2. Labor.
  1. You will be charged for all labor incurred as part of the service, install and/or repair of the equipment specified. This includes travel time to and from the site, travel to and from suppliers, and time spent on estimates and quotes.
3. Estimates.
  1. “Cost Estimates” are given free of charge, and include detailed descriptions of work to be performed, total cost of work to be performed, as well as photos of equipment to be repaired, if possible. ANY requests for a line item or labor breakdown estimates may change the estimated total (may increase) and will incur an invoice to you, the customer, for time spent quoting, at a minimum of $250.00 USD to be paid BEFORE breakdown is sent to cover costs of time spent writing estimate/quote.
4. Preventative Maintenance Agreements.
  1. Preventative Maintenance Agreements (“PMA’s”) are put in place to spend time inspecting equipment and preventing major breakdowns. PMA’s will outline specific parts and quantities that may be used during the inspections, such as belts and filters. Any other parts needed or issues found that need to be repaired will result in an additional invoice or estimate, as laid out in your PMA. All PMA’s must be renewed yearly, or PM’s will be billed on a Time and Material basis.
5. Service Contracts.
  1. WTS may offer you an “All Inclusive Service Contract”. This contract is designed to help you budget your services, and will give you priority status over other customers in the event of a service need. This is usually designed on a monthly fee basis. All inclusions and exclusions will be laid out in the service contract, and will supersede any discrepancy between this TCSS and the Service Agreement in place. All Service agreements will need to be renewed no less than 30 days before the end of said contract, or customer will then return to Time and Material based billing and lose any discounts given per the Service Contract.
6. Delays.
  1. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Customer in the administration of these terms and conditions, or (2) by the Customer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract necessarily caused by the unreasonable suspension, delay, or interruption and the contract will be modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
Exclusions.
1. Roofing.
  1. WTS or any of its subsidiaries or sub-contractors will not be responsible for the cutting of or sealing of any roof penetrations. The customer's roofing contractor will need to supply proper materials needed for any piping and/or control wiring to pass through. The roofing contractor will be responsible for sealing penetration after installation is complete. Roofing contractors will also supply needed material to go under treated 4x4’s any rooftop equipment is mounted on.
2. Electrical.
  1. The customer's electrical contractor will supply service disconnects at equipment locations per local electrical codes.
  2. The customer's electrical contractor will be responsible for running any conduit/wire as needed for controls between evaporator and condensers unless otherwise stated in estimate or agreed upon in writing with customer and electrical contractor. Any changes from estimate will result in a change order to be submitted for approval before work is to be started.
Taxes.
1. Sales Taxes
  1. You will be responsible for payment of all applicable federal, state and local taxes and assessments (including sales, use and similar taxes) levied on the transaction contemplated by any service, invoice or estimate.
2. Tax Exemptions.
  1. No tax exemption will be recognized unless a valid exemption certificate is provided.
Payment Terms.
1. Installation services.
  1. Will be invoiced as follows, unless otherwise stated in estimate:
    1. Under $30,000 - ½ of Estimate upon approval. The second ½ will be due upon completion of installation and final inspection passing.
    2. $30,001+ ⅓ of Estimate upon approval. ⅓ at the midway point of the schedule (as defined in the estimate). ⅓ upon completion and final inspection passing.
    3. Or as defined in Estimate/Quote. Estimate/Quote wording supersedes any conflict between the Estimate/Quote and this TCSS.
    4. You are not entitled to an early payment or similar discount. All invoices will be due 10 days from the invoiced date.
2. Repair, Maintenance, PM contracts, etc
  1. Will be invoiced on completion of scope of work at terms decided subject to credit review. (COD, NET 15, NET 30)
Late Charges, Interest, Non Payment fees
1. Late Payments.
  1. Any invoices not paid by you on or before the due date will bear interest after the due date until the invoice is paid at the lesser of twelve (12%) percent per month, per invoice, or the highest lawful rate.
2. All invoices are considered COD
  1. Unless otherwise agreed to subject to the current Terms and Conditions of Sale. Any invoice not paid at time of service rendered will be subject to additional $150.00 non-payment fee.
3. Collections.
  1. Any COD invoice not paid within 24 hours of service completion will be sent to collections. ALL COSTS INCURRED DUE TO COLLECTION ACTIVITY WILL BE THE RESPONSIBILITY OF THE CUSTOMER, INCLUDING COLLECTION FEES, ATTORNEY FEES, FILING FEES, TIME LOST OR ANY OTHER COSTS INCURRED TO COLLECT ANY MONIES OWED
  2. Any invoices for customers with set terms unpaid for 60 days after the Due Date will be subject to collection activity. ALL COSTS INCURRED DUE TO COLLECTION ACTIVITY WILL BE THE RESPONSIBILITY OF THE CUSTOMER, INCLUDING COLLECTION FEES, ATTORNEY FEES, FILING FEES, TIME LOST OR ANY OTHER COSTS INCURRED TO COLLECT ANY MONIES OWED.
Credit Approval.
1. New customers may be subject to credit approval, and open invoiced balance will be subject to credit limits and payments made. At any point WTS can refuse to provide service or continue to provide services if the credit limit is met or exceeded.
Limited Warranties and Disclaimer.
1. Services.
  1. WTS warrants that all services comprising part of or incorporated into the services will be performed in a good workmanlike and professional manner in accordance with generally accepted practices in the industry.
2. Goods.
  1. WTS warrants that all goods comprising part of or incorporated into the services will be of commercially acceptable quality and will in all material respects meet the specifications of local licensing and building codes.
3. WTS’s Warranty Responsibilities.
  1. Warranty for services performed is 30 days from the date of final service completion. Warranty for materials will follow manufacturer's warranty. WTS may, at WTS’s sole option, either repair or replace any defective or non-conforming service, part or material at no cost to you during initial 30 day warranty, or credit or refund any sums paid by you for the specific portion of the services that is defective or non-conforming, minus parts used, as your sole and exclusive remedy. The replacement of any parts that fail within the specific manufacturer warranty period, but after WTS’s 30 day warranty, shall be invoices at the current WTS service rates.
4. Customer Provided Parts and Equipment.
  1. We at WTS realize that customers, from time to time, may wish to source their own parts and equipment. WTS does not provide any warranty for customer provided equipment or parts. All services pertaining to customer provided parts and equipment will be invoiced at the current WTS service rates. The customer shall be responsible for obtaining warranty reimbursement from the vendor or manufacturer parts or equipment were purchased from.
DISCLAIMER.
1. EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPHS (a) THROUGH (d) OF THIS SECTION, THE WORK IS BEING FURNISHED TO YOU “AS IS” AND “WITH ALL FAULTS,” AND WTS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WORK, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE AND FITNESS FOR A PARTICULAR PURPOS
Limitation of Liability.
1. IN NO EVENT WILL WTS BE LIABLE TO YOU FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, ESTIMATES OR THE WORK PERFORMED, WHETHER THE CLAIM IS BASED UPON CONTRACT, BREACH OF WARRANTY, TORT OR OTHER THEORY, EVEN IF WTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WTS’S LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, ESTIMATES OR THE WORK PREFORMED WILL NOT EXCEED THE SUMS PAID OR PAYABLE BY YOU TO WTS UNDER THE GUIDELINES APPROVED.
Publicity.
1. You authorize WTS to list you as a client of WTS on WTS’s website and on any other internal and external promotional materials and communications. This includes, but is not limited to any correspondence, pictures, or video recorded and/or saved of work pertaining to this contract scope.
Insurance.
1. WTS will keep in full force and effect and maintain at its sole cost and expense during the performance of it’s services: workers’ compensation, employers’ liability and commercial general liability insurance coverage of the types and limits as are customary for similar service providers, or required by the individual customer.
Independent Contractor.
1. WTS is an independent contractor of you, and nothing in the service agreement, estimate or these terms will be construed as creating a partnership, joint venture or relationship other than that of independent contractors between you and WTS.
Termination of Service.
1. WTS may terminate any services and cease performance if you fail to timely pay or perform any obligation imposed upon you under the rate contract, estimate or these or such terms, and such failure to pay or perform continues for a period of three (10) business days from the due date WTS furnishes, unless prior arrangements have been made.
Acceptance.
1. Acceptance of rate agreement or estimate is binding, and any deposits for equipment orders will be forfeited contingent on special order contracts and restocking fees.

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Terms and conditions of sales and service

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