Precision Temperature Inc. Terms and Conditions
Entire Agreement. This Agreement represents the entire agreement between Precision Temperature Inc (Seller) and Above Customer (Buyer) and supersedes any prior written or oral representations. Any modifications, amendments or changes must be in writing and signed by both parties.
Conflicting Terms. The terms and conditions of this Agreement shall prevail over any additional or contrary terms that may be contained in any instructions or other communications submitted to Seller by Buyer.
Equipment. All parts and equipment shall at all times remain personal property, and the title thereto shall remain in the name, of the Seller until full payment for all personal property is received by Buyer. Buyer hereby agrees that all parts and equipment will be repossessed in the event of non-payment.
Permits. Buyer hereby agrees to be responsible for compliance with all applicable building codes governing the location of the installation which includes, but is not limited to, obtaining, and securing all required building permits. Seller shall not be responsible for researching, obtaining, securing, or maintaining compliance of any such permits whatsoever.
Job Scheduling Notice. Buyer and Seller agree that this Cancellation Fee (of $110) is reasonable and necessary to pay Seller’s costs of travel, supplies, shipping costs, and wages to technicians and/or employees to execute the services identified in this Agreement (“Technician”), and are not penalties, interest, or other similar charges.
Changes in Work. No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement.
Other/Additional Services. Service provided by Seller outside the scope of this Agreement will be furnished at Seller's applicable time and material rates and terms then in effect, unless the service is otherwise covered by a separate agreement.
Delay. In the event that the work to be performed under this Agreement is delayed for any reason—including acts of God, pandemic, disease, war, riot, civil disorder, earthquake, fire, explosion, flood, or other adverse weather conditions, strikes, or confiscation or any other action by governments—Buyer shall be responsible for paying all costs incurred by Seller for such delay, including, but not limited to, Technician’s hourly rate for all time during normal business hours—as those hours are identified in the Labor Relations section below—caused by each/any delay. The Seller shall receive an extension equal to the time of delay to complete the work identified in this Agreement and reserves the right to be compensated for any additional damages/costs incurred as a result of each and any delay.
Force Majeure. Seller’s obligation to perform services under this Agreement shall not be deemed a breach of this Agreement and shall be excused without liability when prevented by strike, act of God, governmental action, accident, or any other condition beyond Seller's reasonable control. Seller agrees to resume performance of Services as soon as practicable following cessation of the condition. Any costs of such delay shall be borne and the sole responsibility of Buyer.
Claims. If any dispute shall arise between Buyer and Seller regarding performance of the work, or any alleged change in the work, Buyer shall give written notice of such claim request and send to: precisiontemperatureinc@ptempinc.com and shall include the following information: Contract number, address of job site, and description of claim request. Seller will review the claim request and respond within 72 business hours.
Indemnification. To the fullest extent permitted by law, Buyer shall indemnify and hold harmless Seller, including their officers, agents, and employees, from all claims, demands, suits, causes of actions and liabilities of every kind and nature whosoever, including reasonable attorneys’ fees, arising out of or resulting from personal injury (including death) or property damage resulting from operations performed under this Agreement, but only to the extent caused by the negligent acts or omissions. This indemnification shall extend to claims occurring after this Agreement is terminated as well as while it is in force. Seller shall not be obligated to indemnify any party for claims arising from the sole negligence or willful misconduct of Buyer or their agents or employees or caused solely by the designs provided by such parties. The indemnity set forth in this Section shall not be limited by insurance requirements or by any other provision of this Agreement.
Insurance. It is the Buyer’s responsibility to carry fire insurance and any other necessary insurance required by law. Buyer shall assume risk or loss or damage to equipment after it is set in place. Seller shall not be liable for damage, loss or delays resulting from fire, explosion, flooding, the elements, labor troubles, or any other cause beyond the Seller’s control. Every attempt will be made to complete the work on the date {s} specified, but because the Seller may have no control over equipment availability and /or delivery, all completion dates are estimated only. The Seller shall use ordinary care in performing all work, but not be liable for incidental or consequential damages or shall the Seller be liable for injuries to persons or damage to property except those directly caused by negligent acts of the Seller’s employees. The Seller shall not be responsible for any damages incurred due to the inability of the building structure to properly support the installed equipment, or for expense incurred in removing replacing or refinishing part of the building structure necessary for the performance of any service or installation, unless otherwise noted in this proposal. Regulated or hazardous substances may include, but are not limited to asbestos, certain refrigerant and oils. If any such products or material are encountered during the course of work, the Seller can discontinue work until regulated hazardous materials have been removed or hazard or liability is eliminated.
Labor Regulations. Buyer shall maintain labor relations policies in conformity with the directions of Seller and shall be bound to and comply with all of the terms and conditions of this Agreement, which shall include following all California labor laws which govern Technician and Seller. Work should be completed during Seller normal business hours which are Monday through Friday, 7:30 a.m. - 4:30 p.m. local/job site time, with a maximum of eight (8) work hours per day. Buyer shall be required to honor all daily Technician rest and meal breaks while working on the job site pursuant to California Meal Break Law. To the extent the law of the jobsite requires additional compliance with federal, state, county, municipal laws and ordinances, that are contrary to any of the terms in this section.
Assurance of compliance with this section is a material inducement for Seller entering into this Agreement and may be a lawful basis for Seller’s non-performance hereunder.
Solicitation of Seller’s Technicians/Employees/Personnel. Buyer agrees that, during the term of this Agreement and for one-hundred and eighty days (180) immediately following the termination of this Agreement, Buyer shall not, directly or indirectly, hire any personnel retained or otherwise employed by Seller. Should Buyer directly and indirectly hire any personnel employed by Seller in violation of this section, Buyer shall be responsible for one year’s salary/wages/remuneration paid by Seller to said individual as determined by Seller’s payroll records (“Solicitation Fees”). The Parties represent and warrant that these Solicitation Fees are reasonable and necessary to compensate Seller for the damage to Seller’s business as a result of the solicited personnel, and are not penalties, interest or other similar charges.
Taxes/Government Fees. The Seller shall not be liable for any present and future taxes, charges or other governmental fees, or any items of equipment, labor or special tests required or recommended by insurance companies, equipment vendors or governmental authorities. The Seller shall not be liable for the identification, detection, abatement, encapsulation, storage, removal or transportation or any regulated or hazardous substances.
Termination. Should Buyer fail to satisfy all contractual obligations hereunder, including the failure to pay (per invoice due date), Seller shall have the right to take whatever reasonable steps necessary to correct said deficiencies, and charge the cost thereof to Buyer including additional labor, lost profit, materials, shipping costs, and reasonable attorneys’ fees.
Waiver. Buyer hereby waives all rights of subrogation against Seller with respect to losses, claims or costs arising out of or in connection with the services performed by Seller under this Agreement.
Mediation Before Litigation. Prior to filing a lawsuit, the Parties hereunder agree to attempt to resolve all disputes in good faith through mediation conducted by a mediator to be mutually selected. Mediation will be conducted in San Diego County, California, unless otherwise agreed to by the Parties in writing signed by both Parties. The Parties will share the costs of the mediator and mediation equally. Each Party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute within thirty (30) days after it is referred to the mediator. If the matter is not resolved by mediation, any legal suit, action or proceeding arising out of or based upon the terms of this Agreement or the transactions contemplated hereby may be instituted only in a court of competent jurisdiction located in San Diego County, California. Each Party irrevocably submits to the exclusive jurisdiction of such court in any such suits, actions or proceedings.
Payment. This Agreement may require a down payment and will be indicated on the payment terms section of this Agreement. Remaining balance is due upon completion of work or per payment Terms. Payment terms in this Agreement supersede any prior written or oral representations pursuant to the Entire Agreement provision herein. Buyer is responsible for Payment for all requested services, payment is due upon completion of services, payment is due the same day services are provided. Service Technician will be responsible to collect payment from Buyer upon completion. A $25.00 Bookkeeping fee may be levied to Buyer’s with “Due Upon Receipt” Payment Terms. Seller accepts checks, ACH Bank Transfer and Credit Cards which are subject to a payment convenience fee included in the Buyer’s service invoice. Buyer authorizes any outstanding account balance to be charged to Buyer’s Credit Card on file on invoice due date.
Scheduling and Services. Labor rate provided at the time of booking A $80.00 Dispatch fee is due upon booking and is 100% refundable if appointment is canceled 24hr prior to the schedule date/time. Please note that appointments scheduled for Mondays need to be canceled Fridays. To receive a refund, appointment shall be canceled during regular business hours (Monday through Friday 7:30am – 4:30pm. – Except Holidays)
Fees & Finance Charge. A monthly finance charge, equal to the highest interest rate allowed by California law, may be levied on Buyer’s remaining balance if delinquent over 10 days of the Buyer’s Payment Terms. Payment is expected upon the provision of services / receipt of goods. If Seller do not receive payment in full on any invoice, late charges at 3% interest per month will be imposed on your unpaid balance after 10 days. Your unpaid balance is determined by taking the beginning balance of your account for each month, adding any new charges and subtracting any payments made to your account. We will then multiply amount owed by the 3% monthly periodic interest rate to compute the late charge for the Buyer’s account for that month. Any unpaid services will result in a 33% collections fee and legal action may be taken.
Warranty. Seller warrants that all materials and equipment furnished by Seller shall be new unless otherwise specified and that all work under this Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects and in conformance with the Contract Documents. Warranty requires that end user maintain record of preventative maintenance of installed equipment. Maintenance of any materials and equipment provided by Seller must be performed by a certified service technician and authorized by a licensed provider. Failure to do so can result in denial of warranty parts and service under warranty. Warranty work is performed during the Seller’s normal business hours but may be performed after normal business hours at Seller’s determined rate based upon applicable overtime labor rates. NOTE: Residential Equipment requires proof of biannual preventative maintenance. Commercial Equipment requires record of quarterly preventative maintenance. Buyer is responsible of the scheduling and keeping records of preventative maintenances for the purchased equipment. Failure to produce proof of preventative maintenance will void manufacture, seller’s and/or extended warranty.
Limitation of Liability. Buyer agrees that Seller will not be liable for any consequential damages, even if Buyer has been advised of the possibility of these damages. No action, regardless of form, arising out of the services under this Agreement, may be brought by either party more than one year after the cause of action has accrued, except that an action for nonpayment may be brought within one year of the date of last payment.
Cancellation within 3 Business Days. This Agreement can be canceled within three (3) business days without penalty. Cancellation after three (3) business days will result in a restocking fee of 20% of the Agreement for any materials and equipment to be purchased from Seller under this Agreement.
Assignment and Successors. Buyer shall not assign this Agreement whether by operation of law or otherwise in part or in full except in writing and with the prior written approval and subject to the terms and conditions as Seller, in Seller's sole discretion, may deem necessary. This Agreement shall be incorporated by reference into any assignment and any assignee shall comply with all the terms and conditions of this Agreement. This Agreement shall be binding among the parties to this Agreement and their successors and assigns.
No Waiver of Performance. Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any right accruing under this Agreement, nor affect any subsequent breach, nor affect the effectiveness of this Agreement or any part of this Agreement, nor prejudice either party with regard to any subsequent action.
Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served on, or given to any party shall be in writing and shall be deemed properly delivered or served when personally delivered to the party to whom directed, or in lieu of personal service, when sent by registered or certified United States mail, return receipt requested, postage prepaid, or by electronic mail, addressed as follows: If to Buyer: Information above under buyer information. If to Seller: 13645 Camino Canada #462 El Cajon CA 92020, email: info@ptempinc.com.
Any party may change its address for the purposes of this section by giving written notice of the change to the other party listed above in the manner provided for in this section.
By requesting Precision Temperature Services, the customer acknowledges the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. Further acknowledges that Precision Temperature Inc. has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. Customers acknowledges and understands the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19. Customer hereby releases and agree to hold Precision Temperature Inc. harmless from, and waive on behalf of themselves, the heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to themselves and/or property that may be caused by any act, or failure to act of Precision Temperature inc., or that may otherwise arise in any way in connection with any services received from Precision Temperature Inc. Customer understands that this release discharges Precision Temperature Inc. from any liability or claim that the customer, the heirs, or any personal representatives may have against Precision Temperature Inc. with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Precision Temperature Inc. This liability waiver and release extends to the Precision Temperature Inc. together with all owners, partners, and employees.
Severability. In the event that any of the terms of this Agreement conflict with any rules of law, regulations, provisions, or are otherwise unenforceable under the laws or regulations of any government or its subdivision, those terms shall be deemed stricken from this Agreement. However, this invalidity or unenforceability shall not invalidate any of the other terms of this Agreement, and this Agreement shall continue in force, unless the invalidity or unenforceability of the provisions does substantial violence to, or where the invalid or unenforceable provisions comprise an integral part of, or are otherwise inseparable from, the remainder of this Agreement.
IN WITNESS WHEREOF, the parties hereto through their duly authorized officers on the date(s) set forth below have executed this Agreement.