Updated at 2024-05-13

ALTERATIONS:

Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by this Seller, will be cause to terminate Seller’s obligation under the contract.

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.

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 units) were completed in a workmanlike manner and that said work shall be free from defects in materials and workmanship for a period of 90 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 or the refund of amounts paid by Customer for said service and shall be conditioned upon Seller receiving actual written notice of said defect within 90 day period noted herein.

The foregoing warranties are exclusive and in lieu of all other express or implied warranties (except the title) from Seller including, but not limited to, implied warranties of 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.

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 2% interest monthly until paid in full. If applicable, sales tax is included in the price. If Seller commences litigation or employs attorneys to collect payment for any amount due it from Customer, Customer agrees to pay reasonable costs and attorney’s fees which may be due.

COLLECTION COSTS:

Customer agrees that it shall pay all expenses incurred by Seller for the collection of any delinquent accounts including, but not limited to actual attorney’s fees, filing fees and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the province in which the work was performed.

The manufacturer will extend the warranty on the Compressor (Heat pump / Air conditioner) and the Heat Exchanger (furnace) according to its limited equipment warranty. The installation will guarantee parts & labour for one full year by Total Aire Care Inc. Extended warranty applies to equipment only, attachments and accessories are excluded. Total Aire Care Inc. will offer an annual service plan to keep the extended warranty in force through an approved maintenance program, at the request of the customer on each anniversary. This is a legal binding agreement subject to the terms and conditions printed on the back of this form. Total Aire Care inc will not be deemed liable for anything other than what is stipulated in writing on this agreement. Buyers right to cancel: You may cancel this agreement within 10 days after you sign and receive a copy of it.