K&S Heating and Air – Preventative Maintenance Agreement (PMA) – Terms & Conditions
Last update: March 13, 2019
By signing the Preventative Maintenance Agreement (“PMA” or “Agreement”) of K&S Heating and Air (“K&S” or “Company”), you agree to the following terms and conditions, which are also incorporated by reference as a part of your contract, order form, renewal agreement, and/or purchase agreement with K&S.
(1) INCLUDED FEATURES, SERVICES, BENEFITS, OTHER:
Note: Does not cover (de)humidity issues. Special filter sizes will incur additional costs.
The annual investment to be paid by Customer under this Agreement is based upon the maintenance of the Equipment and Accessories listed in the fact 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.
(3) COMPANY’S RIGHT TO CANCEL
Company 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 had 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 K&S, or (III) Customer fails to fulfill the payment terms contained in this Agreement.
(4) WARRANTIES & LIMITATIONS ON WARRANTIES
Company 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 agreement was signed. Only the manufacturer’s warranty is provided on any parts or materials provided in connection with the work. Company’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 Company 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 of implied warranties including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company shall not be subject to and disclaims all consequential, incidental, and contingent damages whatsoever.
(5) EMERGENCY SERVICE WITHIN 24 HOURS
Company agrees that it shall respond for emergency service within 24 hours of the service call, and, if it fails to do so, shall waive the diagnostic fee normally charged for such an emergency service call.
(6) TERM AND TERMINATION
The term of Agreement shall be one year (12 months, 365 days) from the date of signature from Customer. Agreement will automatically renew for additional periods equal to one year, unless either party gives the other notice of non-renewal before the end of the relevant Agreement term. The per-unit pricing during any renewal term may increase by up to 10% above the applicable pricing in the prior term, unless we provide you notice of different pricing at least 60 days prior to the applicable renewal term.
This Agreement is transferable to the subsequent owner of the home in which the Equipment and Accessories are located, provided that Company received written notification of the sale of the property within sixty (60) days of transfer.
(8) 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.
Thank you for choosing K&S Heating and Air. Contact us for any service-related questions. In case you need to reach us for any reason, you may call us at 972-271-9319 or access our website at www.kandsac.com.