Terms and conditions

By signing this document, the customer agrees to the services and conditions outlined in this document.

Top Tier Mechanical Terms & Conditions

PAYMENT TERMS: The entire invoice is due upon completion of described work. Any payment not received

within 30 days from completion of work is subject to interest at the highest amount lawfully allowed by contract

in the state in which the work was performed until paid. If Customer contends that any invoice is incorrect,

Customer must so notify Seller within seven (7) days after receipt of the invoice. If Customer does not so notify

Seller, (1) Customer forever waives the right to dispute the accuracy of the invoice and (2) Seller’s rights in and to

payment shall be absolute and unconditional and shall not be subject to any abatement, reduction, set-off,

defense, counterclaim or recoupment for any reason, including, without limitation, any past, present or future

claims which Customer may have against Seller.

COLLECTION COSTS: Customer agrees to pay all expenses incurred by Seller for the collection of any delinquent

accounts including, but not limited to, attorney’s fees, Tling fees and costs. Any and all disputes arising out of

this sale shall be interpreted under the laws on the state in which the work was performed.

PURCHASE MONEY SECURITY INTEREST IN CONSUMER GOODS: In order to secure the payment of the purchase

price for the Txtures, personal property, equipment, goods and services provided by Seller to Customer, together

with all additions and accessions thereto and substitutions and replacements for and products and proceeds of

any of the foregoing property (collectively, the “Collateral”), Customer hereby grants to Seller a security interest

(the “Security Interest”) in and to the Collateral. Customer agrees that the Security Interest is automatically

perfected under state law and also authorizes Seller to Tle a Tnancing statement in accordance with the Uniform

Commercial Code in connection with the Collateral. Customer represents that the Collateral is used or being

bought primarily for personal and household use and constitutes consumer goods. Customer acknowledges that

the Security Interest is a purchase money security interest. If Customer fails to timely pay Seller, Customer

consents and acknowledges that Seller may exercise, in addition to the rights and remedies contained herein, all

rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.

CHANGES TO THE WORK: If any governmental authority or Customer shall request, require or make necessary

any changes to the Txtures, personal property, equipment, goods and services provided by Seller as originally

installed, Customer agrees to pay for such changes and immediately notify Seller of such changes. All such

changes, of any kind, shall be subject to the security interest granted herein by Customer to Seller. Customer also

agrees to obtain and pay any city, state or federal taxes, fees or permit charges now in force or hereinafter

relating to the Txtures, personal property, equipment, goods and services provided by Seller.

WARRANTIES, AND LIMITATIONS ON WARRANTIES: Seller warrants that all work performed and all parts and

equipment which were installed in the servicing of the heating and air conditioning unit(s) were completed in a

workmanlike manner and that said work shall be free from defects in materials and workmanship for a period of

365 days from date said work was performed. Seller’s obligation for defective products and or workmanship or

any damage caused thereby, and Customer’s exclusive remedy, shall be limited, at Seller’s option, to the

replacement of any defective parts or workmanship.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED

WARRANTIES (EXCEPT OF TITLE) FROM SELLER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE SUBJECT TO AND

DISCLAIMS (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF

WARRANTY: (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 SELLER OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO; AND (3) ALL

CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

RESTRICTION OF THE PERIOD FOR LEGAL ACTION BY CUSTOMER: Any legal action by Customer relating to this

Agreement or the work performed by Seller must be commenced within one (1) year from the date of the work or

shall be forever waiver.

ACCEPTANCE OF GOODS: Customer shall be deemed to have accepted all delivered goods, which Customer has

not rejected within three (7$ days of receipt unless otherwise speciTed.

ALTERATIONS: Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed

upon by this Seller, will automatically void any warranty made by Seller in connection with the Txtures, personal

property, equipment, goods and services provided by Seller.

EXCLUSION OF COURSE OF DEALING: It is agreed that no prior course of dealing or usage of trade not expressly

set forth in this contract shall be admissible to explain, modify or contradict this contract in any way