The following Terms and Conditions are attached to and made a part of the Agreement (“Agreement”) between Brown Heating and Cooling (“Brown”) and the named Customer.
1. The guarantees and services provided under the scope of this agreement are conditioned upon Customer operating and maintaining systems/equipment. Customer will do so in accordance to industry-accepted practices and in consideration of our recommendations.
2. Customer will provide and permit reasonable access to all covered equipment. Brown will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services. Customer will allow Brown to use power and water from the site as necessary to perform the services.
3. In the unlikely event of failure to perform its obligations, Brown’s liability is limited to repair or replacement at it option, and such shall be Customer’s sole remedy. Under no circumstances will Brown be responsible for loss of use, loss of profits, increased operating or maintenance expense, claims of Customers tenants or clients, or any special, indirect or consequential damages.
4. Brown will not be liable for delays or failure to obligate due to fire, flood, strike, lockout, freezing, unavailable materials, riots, acts of god, or any cause beyond reasonable control.
5. Brown shall not be liable for the operation of equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. It shall not be liable for expense incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this Agreement. It shall not be held liable for any loss by reason of strikes or labor troubles affecting its employees who perform the service called for herein, delays in transportation, delays caused by priority or preference rating, or order or regulations established by any government, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control.
6. Brown warrants that it is protected by; general liability insurance and workers’ compensation insurance policies. Certificates for all such policies of insurance will be provided to the customer upon written request. Customer agrees to carry fire, tornado, builder’s risk (w/full owner) and contractor coverage’s and other necessary insurance for the period.
7. This proposal may be withdrawn by Brown if not accepted within 30 days.
8. In the event of customer default, Brown will give ten days notice to cure. If customer remains in default, Brown may terminate this agreement and recover the balance due. Customer agrees to pay all expenses, damages and costs incurred, including attorney’s fees incurred by Brown in collecting the outstanding debt.
9. If for any reason customer directs a cessation of the work on all, or in part, of the project, Brown shall be paid for its portion of work completed at the time of cancellation including all expenses incurred by Brown.
10. Prices quoted by Brown are good for 30 days from the proposal issue date. Unless noted in this agreement, payment is due in full upon completion of work. At the sole discretion of Brown, payment may be submitted within 30 days of the job completion date, if Brown has an approved credit application on file.
11. Customer agrees to pay a monthly finance charge of 8% on all past due invoices until the invoice is paid in full. Customer agrees to pay Brown’s costs related to collecting unpaid amounts due, including without limitation an attorney, court costs and interest at the maximum legal rate.
12. Customer will be deemed to have accepted Brown’s performance as complete under this Agreement unless Customer notified Brown in writing otherwise within thirty (30) days of substantial completion.
13. If any dispute arises between the customer and Brown or its affiliates the customer agrees to give Brown a fair and reasonable opportunity to remedy the dispute at its discretion. Customer agrees not to negatively post comments, remarks or opinions about Brown or its employees on the internet or any other “social networking” sites with the intention of causing Brown or its employees harm until reasonable time has passed in which Brown has failed to come to a mutual agreement with the customer.
14. Customer assumes all risk of loss/damage to equipment once received on the jobsite after normal working hours.
15. Every attempt will be made to complete the work in the date(s) specified. Customer understands that Brown may have no control over equipment availability or delivery. Completion dates are estimates only. Customer agrees to hold harmless Brown and its affiliates if job is not complete on estimated completion date.
16. This Agreement does not include services related to mold, asbestos or other hazardous materials. If hazardous materials are discovered, we will notify the Customer. Brown reserves the right to stop work until such hazardous materials are removed.
17. Brown shall not be liable for damage, loss, or delay resulting from fire, explosions, flooding, the elements, labor disputes, or any other cause beyond our control.
18. All labor is to be performed during Brown’s normal working hours unless noted elsewhere in this proposal.
19. Brown shall use ordinary care in performing all work, but shall not be liable for incidental or consequential damages nor shall we be liable for injuries to persons or damages to property except those directly caused by negligent acts of Brown or its employees.
20. Brown provides a one-year limited labor warranty. Extended labor warranties are available upon request and will be noted in the proposal. The labor warranty is void if full payment is not received by Brown within 30 days of substantial completion. Equipment or system failure due to lack of proper maintenance service or abuse is expressly excluded. Semi-annual maintenance and filter replacements are required to maintain the labor warranty and are the responsibility of Customer. All other warranties, expressed or implied, are the responsibility of the manufacturer of the equipment, parts, or materials used in connection with the service.
21. Title to all provided equipment remains with Brown until all amounts due thereon are paid in full, whether such equipment is affixed to the realty or not, and shall remain personal property and be deemed sever-able without injury to the freehold. On any payment default by Customer, or if in Brown‘s judgment, reasonably exercised, its equity appears to be imperiled, then, Brown may without further notice enter the premises and remove or resell the equipment, and Customer shall be liable for any deficiency or loss sustained by Brown in connection therewith.
WARRANTY: WARRANTY PERIOD BEGINS ON THE DATE THE EQUIPMENT IS INSTALLED AND COMMISSIONED AND SHALL BE LIMITED TO EQUIPMENT, MATERIALS, AND WORKMANSHIP AS SUPPLIED BY BROWN. BROWN SHALL NOT BE LIABLE FOR PRE-EXISTING DUCT WORK, AIR-FLOW BALANCING, DRAINS, CHIMNEY CONDITIONS, ELECTRICAL OR ANY ON-SITE CONDITION, UNLESS SPECIFICALLY NOTED IN THIS CONTRACT. UNDER NO CIRCUMSTANCES WILL BROWN’S LIABILITY EXCEED THE DOLLAR AMOUNT OF THIS AGREEMENT. THIS WARRANTY SPECIFICALLY EXCLUDES COVERAGE FOR ENVIRONMENTAL CONDITIONS, SUCH AS MOLD. BROWN HAS MADE NEITHER INSPECTION FOR, NOR REPRESENTATION REGARDING THE EXISTENCE OR NON- EXISTENCE OF MOLD ON THE CUSTOMER’S PREMISES. BROWN HAS FURTHER MADE NO PROMISE OR AFFIRMATION THAT THE MATERIALS AND LABOR PROVIDED WOULD ASSIST IN THE PREVENTION OR REMEDIATION OF MOLD OR OTHER ENVIRONMENTAL CONCERNS.
22. This agreement contains the entire understanding between Brown and the customer. Any modifications, amendments, or changes must be made in writing and signed by both parties.

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