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TERMS AND CONDITIONS
SERVICE REPAIR WARRANTY Provisions
OPHC wishes to provide the highest level of professionalism and quality service along with the best customer service assurance policy in the industry. Our service repair warranty is:
1) Labor on repairs are covered for one-year unless otherwise specified on invoice. This is the labor to repair or replace the part we installed in the initial repair and not to correct other problems that may have arisen in the interim. All parts replaced by Overland Park Heating and Cooling, Inc. will be warranted to be free of defects for the length of the part manufacturer's warranty. This warranty is void if part(s) is abused, not maintained as required or damaged by surge, lightning, flood or other acts of nature.
2) Overland Park Heating and Cooling, Inc. cannot warranty any water tap saddle valves and will not be liable for any damage caused by leaking condensate drains, saddle valves, and/or condensate drain restrictions. No warranty on condensate drains cleaned during tune-ups or regular service due to the possibility of problem re-occurring. Not responsible for any condensate leak damages.
3) If a system needs refrigerant it means, there is a leak in the refrigerant system and a leak search needs to be performed on the system to determine what repairs are needed. Repairs will be warranted for material and labor as stated above, at the area of the repair. No warranty on any refrigerant leaking from system(s) or performing leak searches unless otherwise noted in writing. If future refrigerant leak(s) develop in the system, material, labor and dispatch charges from the previous leak search are not warranted. Overland Park Heating and Cooling, Inc. cannot warranty the labor or the materials on any system with leaks which are not repaired.
4) Overland Park Heating and Cooling, Inc. shall not be liable for any loss, damage, consequential damages, negligence, breach of contract or any other damages of any nature based upon express warranty, implied warranty, or other legal theory due to the non-operation or malfunction of the equipment unless said malfunction, non-operation of said equipment is due solely to the negligence of Overland Park Heating and Cooling, Inc. All stated warranty will be valid if in writing only. Verbal statements regarding warranty, special discounts or offers are not valid.
5) Neither shall Overland Park Heating and Cooling, Inc. be liable for any design malfunction of any person or for faulty plans and specifications. Overland Park Heating and Cooling, Inc. is not responsible for any damage resulting from equipment failure in an unoccupied residence.
PREVENTIVE MAINTENANCE AGREEMENT Provisions
1) The obligations to furnish repair or replacement of parts is subject to the availability of such parts from normal sources of supply.
2) The company shall not be liable for loss, damage or injury caused by failure or delay in performing service hereunder when such failure or delay arises from causes beyond its control. OPHC shall not be liable for loss, damage or injury arising from its performance of service hereunder, unless solely caused by its negligence.
3) This agreement does not cover the cost of labor or material for repairs or replacement resulting from Acts of God, Fire, Water, Vandalism, Misuse, Acts of War, Terrorism, or damage caused by other than normal use, or any other circumstances beyond OPHC's control. Whenever replacement parts or labor charges not covered by this agreement are required, OPHC shall notify the customer of the estimated additional charges.
4) Agreement will be in effect for twelve (12) months from date of acceptance by OPHC except as noted above.
5) No rebates for interim cancellation by customer.
6) Agreement covers equipment as specified as to type and location.
7) Agreement is transferable under certain conditions for a nominal fee.
8) Spring turn on, and Fall turn off not included.
9) Equipment must be kept in a proper working order including the responsibility of the homeowner to keep filters regularly changed (which is dependent on the type of filtration used), keeping any and all outdoor equipment a safe distance of 2 feet or more from any obstructions such as, but not limited to shrubs, trees, bushes, flowers, etc.
10) If OPHC determines that any damage was caused due to animals; these repairs will be excluded from this agreement. Any and all animals should always be kept away from equipment.
11) Any consequential damages as a result of maintenance of repair or the necessity thereof including, but not limited to, damages due to overflow of water, mildew, fire, freezing of pipes, shall be excluded from this agreement and shall not be the responsibility of the OPHC's negligence or willful act of omission.
12) OPHC reserves the right to reject any agreement if, on inspection, equipment is found in such condition that service will be unsatisfactory to both parties. OPHC will assume no responsibility and will declare all guarantees null and void if the equipment is serviced by anyone not authorized by OPHC. Emergency Service will be available seven (7) days a week, excluding certain nationally recognized holidays.