ANDERSON MECHANICAL INC. TERMS AND CONDITIONS:
As purchaser (a.k.a. ‘Customer’), I agree to the following terms and conditions set by Anderson Mechanical Inc. (a.k.a. ‘AM Inc’): I have the authority to order the work outlined on reverse which has been completed to my satisfaction. I agree to pay the balance due for the services performed at my service location. I understand that all claims, requests for adjustments, or notifications of errors must be made within thirty days of invoice date, or charges are considered accepted.

BILLING POLICY: All invoices are ‘Due On Receipt’ unless a Charge Account has been established. [To set up a charge account, please contact our office.] Customer agrees that AM Inc. retains title to equipment and/or material furnished until final payment is made.

LATE OR NO PAYMENTS: A late fee of $35 will be applied each month an overdue invoice is unpaid and will be billed separately. Customer will be notified of charges on the monthly statement. Any balance still outstanding after 90 days from invoice date will be sent to collections, and the Customer will pay all collections or arbitration expenses, attorney’s fees, and court costs. If payment is not made as agreed, AM Inc. can remove and/or perform a ‘Lock-Out’ procedure on equipment/material furnished until final payment is made. Customer hereby grants and conveys AM Inc. all necessary easements and right-of-way on, over and across customers property and gives and grants AM Inc. agents and employees the right to enter Customer’s property to the extent deemed reasonably necessary by AM Inc. The Company is held harmless of any damages resulting from the removal of equipment/material or ’Lock-Out’ procedure.

LIMITED WARRANTY: All materials, parts, and equipment are warranted by the manufacturer’s or suppliers’ written warranty only. All labor performed by AM Inc. is warranted for 30 days or as otherwise indicated in writing. It is up to the Customer to notify AM Inc. of any repair concerns or issues in a timely manner. If equipment has been misused or worked on/ repaired by anyone other than AM Inc. within the designated labor warranty period, this will immediately void the labor warranty provided. AM Inc. makes no other warranties, expressed or implied, and its agents or technicians are not authorized to make such guarantees on behalf of AM Inc.

EXCLUSIONS & DISCLAIMERS: AM Inc. cannot cover or be held liable for the following under this or any of our other services:
Acts of God. Any work performed or materials provided by individuals or companies other than AM Inc. Repairs to products beyond their useful life, for cosmetic purposes, or to parts no longer available. Equipment breakdown or damage as a result of maintenance checks not scheduled within the agreement year by the homeowner or as a result of dirty or clogged filters. Any work or changes which at some future date may be required by government, codes or insurance. Freight or shipping charges for a special order, rush order, or other parts. Energy or fuel costs associated with the covered equipment’s operation. AM Inc. reserves the right not to replace parts and equipment – even if they are covered under manufacturer’s warranty – in the event that replacement will not correct the problem or will cause damage to the part in question.

AM Inc. and its agents are not qualified mold, mildew, or fungus inspectors. Under this service, AM Inc. and its agents expressly disclaim any duty to inspect or identify or report the presence or growth of any mold, mildew, fungus, or any combination thereof, on or around any equipment covered by this agreement. AM Inc. and its agents will be held harmless for any damages, including special damages and consequential damages, caused by the presence or growth of mold, mildew, fungi, or any combination thereof that is due to or related to equipment or failure of equipment during this service. Additionally, AM Inc. will not be held liable for any and all special or consequential property damages due to or related to equipment or failure of same, including electrical connections and water damage due to leaks from condensate lines, indoor coils, sewer lines or water lines. Furthermore, Anderson Mechanical Inc. will not be held liable for a home not continuously occupied or damages that occur during an extended period of time in which a home is vacant.

ACCOUNT CONFIDENTIALITY POLICY: AM Inc. and its agents/ employees are prohibited from speaking with anyone that is not listed on the account about repair history, billing information, job status, etc. The account holder must call our office and/ or submit in writing a note to add other persons to the account. Any requests to update any account information must be sent by the account holders email address and can be sent to [email protected].

These terms and conditions may be subject to change without notice. An updated copy can be viewed on our website (andersonacservice.com) or by calling our office at 228-205-2708.

Any questions concerning these terms and conditions or your account, please contact our office at 228-205-2708.

[In this Agreement, the service provider Anderson Mechanical Inc., is hereafter known as AMInc]

Terms and Conditions:

Under this agreement, we will provide a qualified technician to check your equipment, scheduled Monday through Friday between 8:00AM and 5:00PM, except holidays.

• AMInc will notify the customer to schedule inspection appointments.
• If you cannot make a previously scheduled appointment, please us a 24-hour notice before appointment time.
• During prolonged extreme weather conditions – heat and cold spells – maintenance checks may be rescheduled to accommodate agreement members without heat or air conditioning.

Agreement Details:

An AMInc. qualified technician will inspect all applicable components of the customer’s HVAC system that is covered under the enrolled agreement. The technician will review findings with the customer and/or present the customer with an Inspection Report.

Under the Bronze, Silver or Gold plans, you will always receive precedence for repairs over non-members, generally resulting in same day service. During high-volume periods, please help us take care of you by allowing us to schedule your repairs according to need: repairs for safety issues, repairs for medical needs (especially during extremely high or low temperatures), and repairs for no heat or no cooling.

The Basic Tune-Up is a one-time per year inspection on the main components of an HVAC system. It does not include priority scheduling or repair discounts and is not qualified for a monthly payment option.

Free monthly air filters are only eligible under the Silver or Gold plans. Benefit consists of one (1) filter per registered filter size on each enrolled system will be provided, limit two (2) filters per system. Filters must be picked up at our store located at 1833 Denny Ave, Pascagoula, MS 39567.

System replacement discount requirements: no lapse in maintenance inspections, system kept at factory standards for the duration while under maintenance and is limited up to $500 for 10 years. Discount will be applied to a full-system replacement of the maintained system at service location.

Under the conditions of this agreement, you, as homeowner of the covered location, agree and understand to:

• Operate covered equipment according to the manufacturer’s and our technicians’ recommendations.
• Promptly notify us of any unusual operating conditions of the equipment.
• Permit only our service personnel to perform maintenance or repairs on the equipment.
• If equipment has been misused or worked-on/repaired by anyone other than AMInc., this agreement will terminate immediately, at which time, the remaining contract amount is due in full.
• Note: It is the customer’s decision to approve suggested repairs; any suggested repairs must be completed during the inspection window (10-days from inspection) to be eligible for ’Repair Discount’ through contract year.
• All equipment must be brought to factory standards within the inspection window in order to receive any repair warranties, afterhours discounts, and repair discounts.
• Repairs needed on equipment to satisfy the Inspection Report will be scheduled Monday through Friday from 8:00AM to 5:00PM, except holidays.
• Parts and labor are not included in agreement.
• Customer agrees to pay for any parts and labor needed for repairs.
• Clogged or defective drain and sewer lines are not covered under this agreement.
• House electrical and wiring is not covered under this agreement.

Rejected repairs on the Inspection Report may not qualify for the “Repair Discount” once inspection window has closed; if equipment fails as a result of a rejected repair, customer will be billed at normal service rate.

All other equipment not listed or addressed on registration form is not covered under this agreement, therefore, repairs needed to such equipment will be billable at normal service rate.

AMInc reserves the right not to replace parts on equipment – even if they are covered under manufacturer’s warranty – in the event that replacement will not correct the problem or will cause damage to the part in question.

The contract is in effect once documents and agreement have been signed.

• This agreement is non-refundable or transferrable to another service location, in whole or in part.
• No service will be rendered under this agreement if the customer has a past-due balance with AMInc.

Automatic Renewals and Recurring Payments:

Contract is set to automatically renew every year (12 months) on contract date. Recurring Payment Options will be billed according to the frequency and terms specified on contract form until notice to cancel.

Cancellation Policy:

To cancel automatic contract renewal, submit in writing your cancellation request 30-days prior to contract renewal date. At which time, any unpaid contract balance will be invoiced and charged to the payment method on file.

To cancel the recurring credit card payments, submit in writing your request 30-days prior to next charged date. At which time, any unpaid contract balance will be invoiced and charged to the payment method on file.

Additionally, payment for other services or repairs rendered as outlined in the agreement shall be due and payable at time of cancellation.

Exclusions & Disclaimers:

AMInc. cannot cover or be held liable for the following under this or any of our agreements:

• Acts of nature.
• Work performed or materials provided by individuals or companies other than AMInc. Such instances will be cause to terminate the company’s obligation under this agreement.
• Repairs to products beyond their useful life, for cosmetic purposes, or for parts no longer available.
• Equipment breakdown or damage as a result of maintenance checks not scheduled within the agreement year by the homeowner or as a result of dirty or clogged filters.
• Repair issues resulting in clogged sewer/drain lines. Customer would be responsible for any additional service fees from AMInc or a licensed plumber to fix issue.

The services to be performed under this agreement are not a guarantee against obsolescence, normal wear or malfunctioning due to misuse or negligence nor shall inspections be construed as an approval or guarantee of the condition of equipment. Any modification of these terms and conditions, written or otherwise, renders the agreement null and void.

Anderson Mechanical Inc. will inspect and service equipment covered by this agreement. However, this is not an insurance policy. Anderson Mechanical Inc. is not an insurer and will not be held liable for any and all special or consequential property damages due to or related to equipment or failure of same, including electrical connections and water damage due to leaks from condensate lines, indoor coils, sewer lines or water lines. Furthermore, Anderson Mechanical Inc. will not be held liable for a home not continuously occupied or damages that occur during and extended period of time in which a home is vacant.

Upon acceptance of this agreement, the customer warrants that all work areas are free of hazards (asbestos, insects, poison ivy, chemical, mold, etc..) and to clear or have cleared the property of any hazards or debris that would impede or prohibit an expeditious, professional inspection or repair. In the event that a hazard is discovered during the course of work, all work shall cease until the customer has taken proper abatement of hazard at the customer’s expense. Work will be performed unless postponed by accidents, extreme weather conditions or other delays uncontrollable by the company.

This agreement represents the entire agreement of the parties with respect to the services bargained for. This agreement supersedes any previous or contemporaneous agreements, conditions, and understandings, whether oral or written.

Any disputes arising under this agreement will be governed by the law of the State of Mississippi. The customer agrees to pay reasonable attorneys’ fees as part of any judgment against him/her arising from the enforcement of this agreement or the invoice.

If any statement or clause of this agreement is held unenforceable, it shall not negate any other clause or statement contained herein.