Bloomingdale Heating and Air Conditioning Terms & Conditions

“A Company You Can Trust”

1. Purchaser hereby accepts the equipment and service described above and agrees to pay Bloomingdale Heating & Air Conditioning, Inc. the price shown above.

2. All equipment and material are guaranteed by Bloomingdale Heating & Air Conditioning, Inc. to be as specified. All work will be completed in a workmanlike manner according to normally accepted practices.

3. Materials and work in addition to that described herein will be furnished only on Purchaser’s authorization and will be paid by Purchaser as an extra charge.

4. Upon failure to pay any sums due hereunder, Purchaser agrees to pay Bloomingdale Heating & Air Conditioning, Inc. interest at the rate of one and one-half percent (1½%) per month (annual rate of 18%) on all outstanding balances.

5. Bloomingdale Heating & Air Conditioning, Inc. shall not be liable for any default caused by events beyond its control, including but not limited to, fire, flood, strikes, accidents, or delays affecting this work or other operations in which it is involved, directly or indirectly.

6. Purchaser shall permit Bloomingdale Heating & Air Conditioning, Inc. reasonable access to the property on which equipment is to be installed. Title to all provided equipment remains with Bloomingdale Heating & Air Conditioning, Inc. until all amounts due thereon are paid in full, whether such equipment is affixed to the reality or not, and shall remain personal property and be deemed sever-able without injury to the freehold. On any payment default by Purchaser, or if in Bloomingdale Heating & Air Conditioning, Inc.‘s judgment, reasonably exercised, its equity appears to be imperiled, then, Bloomingdale Heating & Air Conditioning, Inc. may without further notice enter the premises and remove or resell the equipment, and Purchaser shall be liable for any deficiency or loss sustained by Bloomingdale Heating & Air Conditioning, Inc. in connection therewith.

7. Once the equipment is connected to Purchaser’s property, Purchaser assumes all risk of loss or damage to such equipment and shall ensure same fully to protect all interests of Bloomingdale Heating & Air Conditioning, Inc., the cost of insurance to be paid by Purchaser. Bloomingdale Heating & Air Conditioning, Inc. carries liability insurance and Worker’s Compensation Insurance.

8. Bloomingdale Heating & Air Conditioning, Inc. provides a ten-year limited labor warranty. Labor warranty valid only with annual maintenance performed by Bloomingdale Heating & Air Conditioning. Equipment or system failure due to lack of proper maintenance service or abuse is expressly excluded. Normal maintenance check-ups and filter replacements are the responsibility of Purchaser. All other warranties, expressed or implied, are the responsibility of the manufacturer of the equipment, parts, or materials used in connection with the services.

9. Annual maintenance of installed equipment by Bloomingdale Heating & Air Conditioning is required to keep labor portion of warranty active. There are no warranties, expressed nor implied, for existing equipment, ductwork, or other materials not installed by Bloomingdale Heating & Air Conditioning, Inc.

10. All warranty work will be performed during Bloomingdale Heating & Air Conditioning, Inc.’s normal working hours, 6:00 AM to 7:00 PM, Monday through Friday and Saturdays between 7:00 AM – 1:00 PM.

11. Purchaser is responsible for all costs and reasonable attorney fees incurred by Bloomingdale Heating & Air Conditioning, Inc. in connection with any action or proceeding (including arbitration and appeals) arising out of this Agreement, including a collection of any outstanding amounts due, whether or not suit is filed.

12. Except as provided herein Bloomingdale Heating & Air Conditioning, Inc. makes no other representations or warranties, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose Bloomingdale Heating & Air Conditioning, Inc. expressly disclaims all other warranties. Bloomingdale Heating & Air Conditioning, Inc.’s maximum liability hereunder shall consist of refunding all money paid to it by Purchaser hereunder subject to removal and return to Bloomingdale Heating & Air Conditioning, Inc. of all equipment provided hereunder. Under no circumstances will Bloomingdale Heating & Air Conditioning, Inc. be liable to Purchaser or any other person for any damages, including, without limitation, any indirect, incidental, special, or consequential damages, expenses, cost, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to this Agreement, or the services or equipment provided hereunder.

13. This agreement shall be governed and construed solely according to the internal laws of the State of Illinois, without reference to any conflicts of laws.

14. This agreement is the complete and exclusive statement of the agreement between Purchaser and Bloomingdale Heating & Air Conditioning, Inc. and it supersedes all prior oral and written proposals and any prior or subsequent communications pertaining to the subject matter hereof.