1-               Customer understands and agrees that Customer shall ensure/guarantee that Seller, etc. has clear and safe access to the Property and the work area to carry out the work;

2-               Customer understands and agrees that Seller is not responsible for damage to any existing piping, vent(s), fittings, valves, motors, pumps etc., which may arise as a direct or indirect result of the Work performed hereunder;

3-               Customer understands and agrees that Seller is not responsible for correction of existing code violations unless it expressly agrees in writing to perform such work after receiving prior approval from Customer. Any code violation discovered by Seller will be reported verbally to Customer and, upon request, priced to correct under separate cover under same terms and conditions. Seller shall have no liability to any person for reporting and/or for failing to report any code violation to Customer. If Customer chooses not to pay Seller to correct any existing code violations and that decision interferes with the work authorized by customer, causing Seller to have to stop work until Customer has code violations fixed, Customer is responsible to Seller for delay of work charges and fees of no less than $600 per day plus 10% compounded daily that job is delayed.  Furthermore, Customer agrees to pay Seller, the same day, for work performed up until that point of work stopping due to code violations not being approved to be corrected by Seller;

4-               Customer understands and agrees that Seller is not responsible for problems arising from any damage to persons or property arising from and/or on account of any exacerbation of any pre-existing conditions affecting or affected by the work performed herein, including, but not limited to, Seller’s contact with or disturbance of building or other materials containing asbestos, lead, PCB’s, mold or other hazardous conditions, unless the existence of hazardous conditions was expressly brought, in writing, to the attention of Seller prior to commencement of the work in writing. 

5-               Customer understands and agrees that title to goods and materials provided to Customer hereunder passes to Customer when Customer has paid for those goods, materials, and/or fees incurred in full in accordance with the Payment Terms hereof.

6-               Customer agrees to allow Seller to place, without any further permissions or limitations, liens on any and all chattel, property, and/or real estate owned by Customer to secure all debt(s) to seller, including, but not limited to UCC-1 and/or maritime liens, on any and all chattel, property, and/or real estate owned by Customer to secure all debt(s) to Seller;

7-               Customer agrees to and allows Seller to retain title to equipment/materials furnished, installed and/or equipment worked on (hereinafter known as Seller’s Property) until final payment is made;

8-               Customer agrees if payment is not made to Seller as agreed, upon at time of presentment; Seller can, at Seller’s option and Customer’s expense, remove Seller’s property and sell or scrap them to cover part of the debt owed. Customer agrees and understands that the removed Seller’s property is now second hand and used equipment and thus is not worth near what it was before it was removed after being installed.  Customer additionally agrees that the removal of Seller’s property does not remove all debt owed by Customer to Seller.  Customer further agrees that Seller’s decision to remove or not remove Seller’s property from Customer’s property upon Customer’s default and/or commercial dishonor does not end Customer’s obligations to pay Seller;

9-               Customer agrees that if Customer defaults and/or commercial dishonors Seller when payment is not made upon presentment; Customer here and now grants/gives Seller permission to go onto/into Customer’s chattel, property, and/or real estate at any time and remove Seller’s property at any time without further permissions. In the event that Customer delays, stalls, or otherwise hinders Seller’s remove of Seller’s equipment that Customer defaulted on payment, then Customer agrees to pay an additional Fifty Thousand Dollars ($50,000) fee added to original debt and subject to all daily compounded interest fees owed to Seller.   In the event that Customer violates this document and contacts the authorities to prevent Seller from utilizing Seller’s rights under this document, then Customer agrees to pay Seller an additional Two Hundred Thousand Dollars ($200,000) fee.   In the event that Customer attempts to file trespass and or any other civil or criminal charges, with authorities or others, against Seller and/or Seller’s associates attempting to enforce any part of this document; Customer agrees to pay Seller an additional million dollars ($1,000,000.00) and subject to all daily compounded interest fees owed to seller;

10-            Customer agrees to hold harmless Seller.  Customer agrees not to hold Seller liable for any damages caused by the removal of Sellers property from Customer’s chattel, property, and/or real estate and Customer agrees to pay Seller for the cost of removal of Seller’s property as well as the original debt that was not paid as agreed with items removed having one tenth (1/10) of the value as when installed by Seller minus the amount of removal and is now second hand equipment that can be sold or scraped if unable to sell on free classified ad website in 3 days;

11-            Customer agrees that Seller may, at Seller’s discretion, Sell, Rent, Lease, or otherwise convey Seller’s rights to collect the debt owed to Seller to a third party;

12-            Customer agrees that Seller, at Seller’s option, can get a third party involved in this private document for the purposes of debt collection;

13-            Customer agrees to pay all cost of said collections plus a collection fee of $4,000.00 plus an additional 30% on top of any other fees or charges assessed in this document and owed to Seller;

14-          – Customer agrees to pay all cost of said collections plus a collection fee of not less than $4,000.00.  Customer agrees that all monies given to Seller are considered earnest money. They
agree there is a no refunds, no exchanges policy and no refunds or exchanges are given.  They agree if an order for work to begin is canceled before work begins, for any reason, then Customer agrees to pay a
cancelation fee of Four Hundred Dollars and Thirty percent (30%) fee of the dollar amount of the order. They agree if an order for work to begin is canceled after any work begins on the project, not necessarily physical
work at the job site address but any work which includes but is not limited to the planning, staging, figuring, ordering, and or etc. for the onsite physical work to begin, the Customer agrees to pay the time and materials price,
and not the discounted quoted price, for the work completed on top of and in addition to the cancelation fee of Four Hundred Dollars and Thirty percent (30%) fee of the dollar amount of the order.

15-            Customer agrees and understands that there is a no refunds, no exchanges policy and no refunds or exchanges are given.

16-            Customer understands and agrees that Customer’s failure to register equipment and/or maintain equipment as required to maintain warranty is not Seller’s fault;

17-            Customer understands and agrees that all materials, parts, and equipment are warranted by the manufactures’ written warranty only

18-            Customer understands and agrees that labor is warranted for 3 days unless specifically and otherwise presented in writing;

19-            Customer understands and agrees that no warranty, express or implied, is given on water damage, mold, mildew, electronic parts, cleaning, drain lines and/or Freon;

20-            Customer understands and agrees that Seller does not guarantee labor on parts other than those we install and only if within the labor warranty timeframe;

21-            Seller makes no other warranties, express or implied, and its agents or technicians are not authorized to make any such warranties on behalf of Seller.  Seller’s obligation for defective products and/or workmanship or any damage caused thereby, and Buyer’s exclusive remedy, shall be limited, at Seller’s option, to the replacement of any defective parts or workmanship or the refund of a prorated amount paid by Customer for said service and shall be conditioned upon seller receiving actual written notice via USPS certified mail to Seller’s address of said defect within the warranty period timeframes noted herein.

22-            Customer understands and agrees that warranty, or lack of, does not cover and/or releases Customer from having to pay any Service Call, Diagnosis Fees and/or Travel Fees to Seller for each call for warranty from Customer.

23-            Customer understands and agrees that (1) 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 OF MERCHANTABILITY AND FTINESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE SUBJECT TO AND DISCLAIMS (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF DOCUMENT 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 AND ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER;

24-            Customer understands and agrees that any legal action relating to any dealings with Seller shall be commenced within Three (3) Months from the date of the beginning of work. Customer shall be deemed to have accepted all delivered goods, which he has not rejected within one (1) day of receipt;

25-            Customer understands and agrees that any alterations, additions, adjustments, or repairs made by others to any materials warrantied by Seller, unless authorized or agreed upon by this Seller, in writing, will be cause to terminate Seller’s obligation;

26-            Customer understands and agrees that Customer is to be held liable to any and all changes to the terms and conditions of this document that are made without notice to Customer and if any part of this document is found defective; the rest shall remain in force

27-            Customer understands and agrees that this repair is an emergency and Customer waves their 3 day right to cancel and all other rights under any legislated law and/or statue; including but not limited to: Texas Property Code and/or Texas Civil Practice and Remedy Code.

28-            Customer understands and agrees that any spelling and/or grammar errors on this document shall be interpreted, viewed, and/or given in Seller’s favor, benefit, and/or etc.

Regulated by: The Texas Department of Licensing and Regulation, PO Box 12157, Austin, TX 78711. 1-800-803-9202, 512-463-6599. www.license.state.tx.us