SERVICE PARTNER PLAN (SPP) TERMS AND CONDITIONS
SERVICE PARTNER PLAN (SPP) TERMS AND CONDITIONS:
The “Company” as defined is Master Mechanical Corp, DBA Master Plumbing Heating Cooling defined here in as “Master” having a place of business at: 151 East 2nd Street, Huntington Station, NY 11746 | Telephone: 631.391.9292.
1. Customer agrees not to move or relocate equipment from its current location without written consent of Master, (Seller). In the event customer fails to obtain such consent, Seller at its’ option may cancel this entire agreement or refuse to service the equipment moved or relocated.
2. The Customer agrees, any unpaid Invoices representing the sale of goods and services shall be conclusive evidence of the items listed therein, the price thereon and the delivery and acceptance thereof unless the Customer shall, within five (5) days from receipt of said invoice have made a valid objection in writing by certified mail to Master Mechanical Corp, 151 East 2nd Street, Huntington Station, NY 11746.
3. If the equipment requires the use of water, either re-circulated or otherwise, the water thus used may be or may become contaminated, or cause corrosion. As neither the extent nor nature of such contamination or corrosion can be predicted in advance, the Customer hereby releases Master from any liability on account of such contamination or corrosion. The use of water treatment is strongly recommended to inhibit contamination and corrosion.
4. The Customer cannot assign or transfer this contract without the prior written consent of Master and no modifications, additions or changes may be made to this agreement except in writing, signed by the parties. This Instrument contains the entire agreement between the parties hereto.
5. All work including routine maintenance and emergency repairs will be performed during Master’s normal business hours which are Monday thru Saturday 8:00 am – 8:00 pm. We are closed on Sunday. If work is to be performed outside of our normal business hours, then such work will be billed at our normal rate schedule. Any changes, adjustments, or work made by others, unless authorized or approved by Master in writing, shall terminate its obligation hereunder with respect to specified equipment.
6. Master has the sole option of eliminating from the contract at any time, any piece of equipment it finds to be economically unsound for further servicing or repairs.
7. Master shall not be required to furnish any items of equipment, labor, or make special tests as are recommended or required by insurance companies, Federal Government, State, Municipal or other authorities.
8. Master will retain title to any equipment and/or material that has been furnished until final payment is made. If payment is not made as agreed, Master shall have the right to remove said equipment or material and the customer shall be responsible for any and all cost and expenses incurred in such removal; Master will be held harmless for any damages resulting from the removal thereof.
9. All materials and labor are warranted for a period of 30 days or in accordance with the manufacturers’ or other specific warranties. All work to be completed in workmanlike manner according to standard practices. Our workers are fully covered by Workmen’s Compensation Insurance.
10. Calls resulting from failure to operate the system in accordance with recommended procedures, electrical failures, power outages, low voltage, low water pressure, adverse weather conditions and customers negligence shall be paid for in accordance with our normal rate schedule.
11. This agreement applies to the equipment enumerated on the equipment list, not to fixtures in which they are contained, nor to fire/smoke items, hardware, drain pans, cabinetry, casings, ducts, grills, components, enclosures, nor to deterioration of housings, castings, frames, or other items due to corrosion. This agreement does not include repairs and services made necessary as a result of fire, water, ruptures, accidents, negligence, parts are obsolete, or no longer available design problems, pre-existing conditions, rebalancing of air, acts of God, labor disputes, freeze ups of any kind or to any repairs caused by the negligence or want of care of the Customer in maintaining of equipment. Master assumes no liability for delays or failures hereunder whatsoever for damage resulting from delays in performing the service hereunder or for any consequential damage performing the service hereunder or for any consequential damage whatsoever. If repairs or adjustments require any alterations or additions to structure or property, the Customer will obtain written consent of the owner thereof prior to the performance of such work.
12. Master shall not be liable for any loss, damage, contingent liability or consequential damage due to no-operation of equipment, or damage to property or personal injury caused by the equipment.
13. Excluded from service, repair and maintenance are the following: Plumbing lines, drain lines, chilled water lines, hot water/steam lines, and electrical service beyond the subject equipment, disconnect switches, cleaning of coils, cleaning of boilers, cleaning of exchangers, indoor blower overhauls, compressor replacement, heat exchanger, coil replacement, crane/rigging services, oil lines, painting, smells/odors, work made necessary by the enforcement of Government codes, building and union regulations.
14. Master shall not be responsible for any delay or failure to render the service or to make delivery of any merchandise as set forth herein due to Federal, State or Municipal actions or regulations; strikes or other labor troubles; fires, embargoes, accidents, war, or any other causes, contingent to or circumstances beyond the control of the Seller and/or which make the fulfillment of this agreement impractical. On removal of the cause of such failure or interruption, performance shall be resumed pursuant to the terms as set forth herein.
15. The full contract price shall be due and payable immediately upon execution of the contract and no pro rata refunds upon cancellation. Where monthly or less than annual payments have been arranged for the convenience of the Customer, no pro rata refunds shall be made if the contract is canceled nor abatement of liability for balance of payments due for any reason prior to expiration since this is an accommodation and Master shall be entitled to the entire contract price. The Customer agrees to make all payments prescribed herein promptly when due. At the option of Master no services shall be rendered to any subscriber in default of payments.
16. The Customer agrees to pay as and in addition to the price herein set forth, the amount of any present and future taxes or any other governmental charges now or hereafter imposed by existing or future laws with respect to the transfer, use, ownership or possession of the equipment to which this agreement relates.
17. The Customer agrees that a service charge of 2% of any unpaid balance be added each month. In the event any amounts hereunder are due and payable and referred to any attorney for collection, the Customer agrees and shall pay, in addition to the amount remaining to be paid hereunder, an amount of thirty-three and one-third (331/3%) percent of that amount as and for reasonable attorney’s fees. It is further agreed that in no event shall such fee be less than $350.00 and that the customer shall also be responsible for any and all costs Incurred as a result of this collection.
18. Cancellation of the Service Partner Plans (herein known as SPP). Customers desiring to cancel the SPP may do so with a 30 day written notice sent certified mail to the company at 151 E. 2nd Street, Huntington Station, NY 11746. In the event the cancellation is requested prior to 36 months of SPP enrollment, any and all repair work performed prior to the 36th month including safety check and tune will revert back to standard pricing with no discounts offered. Any monthly payments made will be deducted from the standard charges and balance of monies owed for said performed work will be do upon receipt of invoice. See paragraph 17 for late payments.
19. To ensure no lapse, the SPP agreement shall renew automatically each month for the same terms and at current pricing levels.