BAYSIDE REFRIGERATION INC. DBA AIRLOGIX Standard Terms and Conditions
OUR WARRANTIES
BAYSIDE REFRIGERATION INC. DBA AIRLOGIX (“We” or “Us”) warrants that we are licensed and insured to perform the work, labor, and services, as well as provide the goods and wares, as set forth in the Description of Work. You acknowledge that any warranty on materials is limited to manufacturer warranties, and warranty on workmanship shall run for a period of 30 (thirty) days from the completion date. You further understand that in the event that an issue should develop regarding such work within 30 (thirty) days from the completion date, you will notify us immediately so that we may inspect and correct the problem or complaint as necessary and appropriate. We are not responsible for any damage or defect caused by normal wear and tear, your abuse, neglect, failure to maintain, or alteration to our work by anyone other than us.
YOUR AFFIRMATIONS
You affirm that you are the owner of the real property, or have been authorized by the owner of the real property to enter into this agreement. You are personally responsible for any and all charges. You understand that we may, at our own discretion and cost, retain sub-contractors to complete the Description of Work. You agree that in the event you add any “extras” or additional work, you will either sign a “Change Order”, or you will pay the equal rate as identified in the Description of Work for analogous services, at our sole discretion. In the event you add any additional work, after that phase of the project is complete, we reserve the right to charge you, and you agree to pay a rate of 1.5 (one and one half times) our standard rate. You agree to be responsible for any and all applicable taxes. You agree to be responsible for any and all government permits and fees. You understand that we are not responsible for delays in shipping time, nor for any damages or losses associated with shipment. Any and all claims for loss or damage in transit, or for non-delivery, of the products shall be made by you, against the third-party delivery agent. We reserve the right to charge a 50% deposit, prior to the ordering of any products.
RIGHT OF CANCELLATION
You understand that you have the right to cancel this agreement within three (3) days of signing this agreement, but in the event you have allowed work to commence, or have instructed us to purchase any materials, you waive any right to cancel.
EXCLUSIONS
We are not engineers, architects, or licensed plumbers. We are not responsible for any existing violations, landmark approval, plumbing and electric work, scaffolding, cutting and patching, outdoor structure support, overtime payment, engineering and design fees, air and water balancing, as-built or schematics of any kind, connections longer than three (3) feet (drains, electric), control wiring to fire control panel, rigging, sidewalk bridging, roof rigging, crane rigging, structural work, service lighting, floor penetrations, firestopping, engineering and design work.
UNFORESEEN CIRCUMSTANCES and FORCE MAJEURE
In the event: we discover any undisclosed conditions, there are delays due to Code issues, Building or Planning Department, supply chain issues, governmental issues, weather conditions, war, strike, supply chain disruptions, riot, terrorist attack, epidemic, pandemic, plague, or any such "Act of God" including but not limited to hurricane, flood, earthquake, fire, virus, influenza, etc., which prevents us from fulfilling our obligations under the agreement, we may suspend our obligations under this agreement for the duration of the force majeure.
LIMITATION OF LIABILITY
You hereby indemnify and agree to hold us and/or any of its affiliates, agents, officers, employees, consultants, successors, heirs, administrators and all other related persons, firms, corporations, associations or partnerships harmless from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, fines, loss of rents, expenses and compensation whatsoever (including reasonable attorneys' fees), which you may now have or may have in the future as a result of any claims based on the negligence, duty, actions or inactions of any party, other than us, that could cover bodily injury, death and/or property damage. Our liability is expressly limited to the total amount of the services authorized herein and in no event shall we, our agents or assigns, be liable for consequential and/or any other special damages of any kind. You further acknowledge that if you choose to have any work performed by another company, even if our work is still incomplete, any and all warranties, guarantees, conditions, or representations that you may otherwise be entitled to from us, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, noninfringement or fitness for a particular purpose, are rendered null and void.
BREACH
We may terminate this agreement, or suspend services, even if the Description of Work is not complete, in the event you fail to make payments as provided. You will forfeit any payments made. No breach of this agreement by us shall be deemed material unless you shall have given us written notice of said breach, via certified mail, return receipt requested, and we fail to cure such breach within thirty (30) days, after receipt of said notice. In the event payment from you is not received by us within 14 (fourteen) days of invoice, you agree to be responsible for a 1 1⁄2% per month, per annum service charge. Additionally, if we retain an attorney to collect the debt, you will be responsible for an additional reasonable attorney fee of 33 1/3% of the total amount due, which is agreed upon to be reasonable attorneys’ fees, in addition to the amount due. We also reserve the right to take repossession of any products not paid by you, and re-sell the products, crediting to your balance the net proceeds of the sale, deducting any and all expenses of such sale including but not limited to, repossession, necessary Products repairs, storage, taxes, liens, collection and legal fees and all other expenses in connection therewith) to the balance due. We further reserve the right to proceed against you for the deficiency between such net proceeds of sale and such balance. In the event of a breach, you waive any and all trespass, damage, and claims resulting from any such entry, repossession, removal, retention, alteration and sale.
TERMS OF THIS AGREEMENT
This agreement constitutes the entire understanding between the undersigned parties, and supersedes any and all previous agreements, whether written or oral. Neither this agreement nor any provision herein may be renewed, extended, waived, amended, modified, canceled, terminated or otherwise changed or discharged except by an instrument in writing, signed by the parties. Whenever the text requires, the use of a singular number shall include the appropriate plural number as the text of the agreement may require, and vice versa. All pronouns shall be deemed to be the masculine, feminine, neutral, singular, or plural as the identity of the person or persons may require. If any provision of this agreement is held void or unenforceable, it shall not affect the enforceability of any other term or condition in this agreement, and shall not void any liability of any party to this agreement. A facsimile or electronic copy of this agreement shall be deemed an original for all purposes, and may be signed in counterparts. This agreement shall be construed in accordance with the Laws of New York State. The parties agree that in the event you wish to enforce the terms of this agreement, jurisdiction shall be fixed in the Supreme or District Court of the State of New York.
