Maintenance Service Agreement
Additional Terms and Conditions
We agree to accept responsibility for your 100% complete satisfaction with the materials and the work provided by us and paid for by you.
EQUIPMENT: The annual investment to be paid by Customer under this Agreement is based upon the maintenance of the Equipment and Accessories listed on the face of this Agreement as a complete heating and/or air conditioning system. Customer may not delete Equipment or accessories from the annual maintenance provided hereunder. In the event additional equipment is added to Customer’s heating and/or air conditioning system, the same will be covered at an increase of the annual charge.
CUSTOMER’S RIGHT TO CANCEL: Customer may cancel a multi-year Agreement by mailing a written notice of cancellation to PUNBAR. In the event of cancellation by Customer, Customer shall receive a pro-rated refund of the payments made by Customer for the current term of this Agreement.
PUNBAR’S RIGHT TO CANCEL: PUNBAR reserves the right to immediately terminate this Agreement in the event: (i) the system has not been used solely for the purpose and under the condition for which it was designed or has been subjected to misuse, alteration, accident, or abuse, (ii) customer has any part of the heating and/or air conditioning system serviced by a company other than PUNBAR, or (iii) Customer fails to fulfill the payment terms contained on the face side of this Agreement.
WARRANTIES & LIMITATIONS ON WARRANTIES: PUNBAR warrants that all work performed hereunder will be completed in a professional manner and said work shall be free from defects in workmanship for a period of twelve (12) months from the date said work was performed. Only the manufacturer’s warranty is provided on any parts or materials provided in connections with the work. PUNBAR’s obligation for defective products and/or workmanship or any damage caused thereby, and Buyer’s exclusive remedy, shall be limited to the replacement of any defective parts or workmanship and shall be conditioned upon PUNBAR receiving actual written notice of said defects within a warranty period(s) applicable. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PUNBAR SHALL NOT BE SUBJECT TO AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
FILTER: PUNBAR will provide a one standard disposable 1” filter per system at no additional charge, if applicable. All high efficiency filtration units, media type filtration systems, special order and irregular sizes are invoiced from the standard price guide, less any applicable discount.
MOLD LIKE SUBSTANCES: During the performance of this service, should a mold like substance be discovered in the area(s) of HVAC equipment, air duct system, return air register, and so forth, we advise you to have a complete diagnostic evaluation of the mold like substance by a certified expert in that field.
SYSTEM ACCESSORIES/ENHACEMENT EXCLUSIONS: All maintenance service agreements exclude specialized system enhancements and accessories such as zoning systems, home automation systems, humidifiers, energy management systems and so forth unless otherwise noted on agreement. Coverage for these products is in addition to the initial investment amount.
UNFORESEEN CONDITIONS: It is understood that PUNBAR will use the utmost care in performing this service. However, PUNBAR shall not be liable for failure to discover conditions necessitating repairs or replacements, nor shall any inspection-service be construed as an approval or guarantee of the equipment condition or the quality of the indoor air.
RECOMMENDATIONS NOT PERFORMED: Should any irregularities in the system be discovered because of an inspection or service, PUNBAR will provide for the Customer recommended corrective measures with respective quote. Repairs are performed only after receiving customer authorization. If customer declines or delays recommended repairs or options, and a failure is experienced, it is the responsibility of the Customer.
TRANSFERABILITY: This Agreement is transferable to the subsequent owner of the home in which the Equipment and Accessories are located, provided that PUNBAR receives written notification of the sale of the property within sixty (60) days of transfer.
ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement between the parties and supersedes all other agreements either written or oral concerning the subject of this Agreement.