Terms

Customer understands and agrees that:
a) Merit Mechanical shall provide only trained and qualified technicians employed or supervised
by Merit Mechanical.
b) Services performed are not a guarantee against obsolescence or normal wear;
c) Merit Mechanical shall warrant all parts and materials to the extent they are warranted by the supplier or manufacturer;
d) Unless otherwise agreed in writing, labor is warranted for 30 days after completion of service
or installation. Warranty work is performed during Merit Mechanical’s normal business hours, but can be performed after normal hours if Customer pays the difference between standard labor
rate and overtime rate.
e) Until final payment is made, Merit Mechanical will retain the title to all materials and
equipment it installs;
f) Unless prior arrangements have been made, payment is due in full upon receipt of invoice. A
monthly finance charge, equal to the highest allowable interest rate may be levied on
Customer’s account if delinquent over 30 days;
g) In the event Customer’s account must be referred to attorneys for collection, Customer
agrees to pay reasonable attorney fees, court costs and full collection costs;
h) Customer will carry fire, extended coverage and other necessary insurance.

Merit Mechanical shall use ordinary care in performing all service and installation, but shall not be liable for:
a) Damage or loss resulting from corrosion, freezing, electrolysis, drain stoppage, plumbing
leaks or malfunctions, failure of a utility service, low voltage conditions, lightening, single
phasing or other electrical abnormalities.
b) Damage, loss or delays resulting from fire, explosion, flooding, the elements, labor troubles,
or any other cause beyond our control;
c) Damage or loss resulting from failure to discover a condition requiring repair or replacement;
d) Damage or loss resulting from improper operation or misuse of equipment by Customer,
Customer’s employees, agents, or tenants;
e) Replacements or repairs caused by negligence of others, abuse, misuse or by any other
cause beyond our control, including faulty design of the equipment or system;
f) Injuries to persons or damage to property except those directly caused by negligent acts of
Merit Mechanical’s employees;
g) Expense incurred in removing, replacing, or refinishing part of the building structure
necessary for the performance of any service or installation;
h) Any present and future taxes, charges or other governmental fees;
i) Any items of equipment, labor or special tests required or recommended by insurance
companies, equipment vendors or governmental authorities;
j) Lost profits or other consequential damages, even if Merit Mechanical has been advised of the
possibility of such damages;
k) The detection, abatement, encapsulation, or removal of asbestos or products, materials, or
equipment containing asbestos. Customer shall notify Company in writing if any hazardous
materials, including without limitation, asbestos, are present at the jobsite. Customer shall take
adequate precautions to protect Merit Mechanical, its employees, agents, and subcontractors
from such hazardous materials and will arrange for other to remove or encapsulate such
hazardous materials if necessary for the performance of the work. Customer agrees to
indemnify and save Company, its employees, agents and subcontractors harmless from and
against any loss, injury (including death) or liability of any nature arising out of or resulting from exposure of any person or property to hazardous materials at the jobsite