TERMS AND CONDITIONS OF SERVICE AGREEMENT

EQUIPMENT

The annual cost of this agreement is based upon the maintenance of the equipment as a complete system. Customer may not delete equipment from the annual maintenance. In the event additional equipment is added to the Customer's residence the same will be covered at an increase of the annual charge.

TERM

This Agreement is for the term specified on the face of this Agreement. This Agreement will be automatically renewed for a term equal to the original term unless, customer, 30 days prior to the expiration of the term, notifies The Company in writing of its decision to terminate this Agreement. If the Agreement is for a multi-year term the following cancellation applies: (1) This contract may be cancelled by the customer upon written notice. Should this contract be cancelled, the customer will receive (ninety percent) 90% of the unearned prorated premium, less any claims paid, service provided or the cost of repairs made (2) In the event that this contract is cancelled by The Company the customer shall receive one hundred percent 100% of the unearned, prorated premium.

HOW TO OBTAIN SERVICE

When service is required, call (352) 377-4414 (Gainesville), (352) 351-1240 (Ocala), or (866) MID-FLA1, give us your installation date and show the technician your ESA and Install Agreement when he arrives to service your equipment and/or system accessories.

CONDITIONS AND LIMITATIONS

  1. This Agreement sets forth the entire agreement between Mid-Fla Heating & Air and you. Representations and promises made by the consultant, technician or any other person and not contained in this document are not part of this Agreement.
  2. Only the equipment and/or system accessories listed on the reverse side of this Agreement is covered by the warranties indicated on the reverse side of this Agreement.
  3. Service will be provided ONLY during normal working hours. After-hours service, if needed, may be available at an additional charge.
  4. Mid-Fla Heating & Air reserves the right to select the servicer to provide any services to be provided under this Agreement.
  5. Any parts and labor beyond that covered by this agreement will be furnished only upon your request and authorization.
  6. Extended warranties for equipment and/or system accessories indicated on the reverse side of this Agreement are insured through a third party warranty company and only cover registered equipment and/or accessories in accordance with the terms and conditions of the warranty certificate which will be mailed to you shortly after installation -warranty starts on start-up date.
  7. Service diagnostic fees, refrigerant and other items not covered by the warranties indicated on the reverse side of this Agreement will be additional charges at the time of service.
  8. Extended Warranties indicated on the reverse side of the Agreement are limited to registered equipment and/or system accessories only and do not include wiring, refrigerant lines, condensate pumps, accessories, fuses, breakers, etc.
  9. Extended Warranties indicated on the reverse side of thiS Agreement are only valid so long as you have an Club Service Membership or similar agreement with Mid-Fla Heating & Air. Further, you can run the risk of voiding the manufacturer's warranty if the equipment and /or system accessories not properly maintained pursuant to an Club Service Membership or similar agreement with Mid-Fla Heating & Air.
  10. Trade in value is with system purchase ONLY!

MID-FLA HEATING & AIR WILL NOT BE RESPONSIBLE FOR

  1. Service or repairs required as a consequence of faulty installation or service by others, abuse, unauthorized alteration, improper operation, improper selection, or improper application of equipment and/or system accessories.
  2. Mid-Fla Heating & Air equipment not installed at the same time as the equipment listed, or any other equipment installed by others.
  3. Service or repairs required to correct failures or malfunctions that are not causes by manufacturing defects, such as damage or malfunctions resulting from water, storm, earthquake, theft, riot, misuse or abuse.
  4. Any heating and/or cooling problems, lack of capacity, and lower efficiencies due to differences in brand, technology, age, and operating requirements between the equipment components, if your existing furnace/blower coil, coil, condensing unit, and/or ductwork is not replaced at the same time as the equipment listed on the reverse side of this
  5. Lights dimming, operation or lack of operation of appliances if there is Inadequate electric power supply for the equipment and/or system accessories listed on the reverse side of this Agreement.
  6. Pre-existing conditions such as power shortages/surges, dimming lights, electric wire shortages, power fluctuations, structural defects, faulty wiring, water leaks, leaky ducts and pipes, inadequate ductwork, concealed damage, electrical code violations, etc.
  7. Additional or unusual utility bills incurred due to any malfunction or defect in the equipment and/or system accessories listed on the reverse side of this Agreement.
  8. Service or repairs made mandatory by changes in federal, state or local laws or regulations.
  9. Mold in ductwork/HVAC equipment, IAQ Health related issues.
  10. Any special, indirect, incidental or consequential loss, damage or injury resulting from the use of loss of use of the equipment and/or system accessories listed on the reverse side of this Agreement or from any delay in rendering service or repairs under the Agreement. In any event, Mid-Fla Heating & Air under this Agreement will not exceed the total amount paid by you to Mid-Fla Heating & Air.
  11. The refinishing or replacement of cabinets or cabinet parts, bases and mountings, decorations (including paint, paneling, wallpaper, etc.) and trim.
  12. Remote condensate pumps, electrical service, refrigerant lines, or drains external to the equipment and/or system accessories listed on the reverse side of this Agreement.
  13. Normal maintenance as outlined in the servicing instructions or owner's manual including but not limited to coil cleaning, filter cleaning and/or replacement and lubrications or any repairs which are made necessary because normal maintenance was not performed.
  14. Cleaning or cost associated with cleaning carpets, furniture, etc. due to dirt, debris, soot, etc. dislodged by the system if the ducts are not cleaned prior to installation of the equipment and/or system accessories listed on the reverse side of this Agreement.
  15. Ductwork under houses or mobile home not warrantied on the structural materials.

WARRANTIES & LIMITATIONS ON WARRANTIES

The Company warrants that all work performed and all parts and equipment that may be installed in the servicing of the heating and air conditioning units will be completed in a workmanlike manner and said work shall be free from defects in materials and workmanship for a period of 30 days from the date said work was performed or manufacturer's warranties, whichever is longer. The Company 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 or the refund of amounts paid by the customer for said service and shall be conditioned upon. The Company receiving actual written notice of said defects within (30 days) period noted herein. This (30) day warranty period shall immediately terminate in the event Customer or The Company terminates the Agreement during the 30 day period. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM THE COMPANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: MID-FLA HEATING AND AIR SHALL NOT BE SUBJECT TO ANY DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTIES; (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY MID-FLA HEATING AND AIR OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATED THERETO; AND ALL (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.