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3. Materials and work in addition to that described herein will be fiunished only on Purchaser's authorization
<br /> and will be paid by Purchaser as an extra charge.
<br /> 4. Upon failure to pay any sums due hereunder, Purchaser agrees to pay Ierna's Heating and Cooling Inc
<br /> interest at the rate of one and one half percent(1%2%)per month(annual rate of 18%) on all outstanding
<br /> balances.
<br /> 5. Ierna's Heating and Cooling Inc sha11 not be liable for any default caused by events beyond its control,
<br /> including but not limited to, fire, flood, strikes, accidents, or delays affecting this work or other operations in
<br /> which it is involved, directly or indirectly.
<br /> 6. Purchaser shall permit Ierna's Heating and Cooling Inc reasonable access to the property on which equipment
<br /> is to be installed. Title to all provided equipment remains with Ierna's Heating and Cooling Inc until a11
<br /> amounts due thereon are paid in full,whether such equipment is�xed to the realty or not, and shall remain
<br /> personal property and be deemed sever-able without injury to the freehold. On any payment default by
<br /> Purchaser, or if in Ierna's�Ieating and Cooling Inc's judgment,reasonably exercised, its equity appears to be
<br /> imperiled,then, Ierna's Heating and Cooling Inc may without further notice enter the premises and remove or
<br /> resell the equipment, and Purchaser sha11 be liable for any deficiency or loss sustained by Ierna's Heating and
<br /> Cooling Inc in connection therewith.
<br /> 7. Once equipment is connected at Purchaser's property,Purchaser assumes a11 risk of loss or damage to such
<br /> equipment and sha11 insure sa.me fully to protect all interests of Ierna's Heating and Cooling Inc, cost of
<br /> insurance to be paid by Purchaser. Ierna's Heating and Cooling Inc carries liability insurance and Worker's
<br /> Compensation Insurance.
<br /> 8. Ierna's Heating and Cooling Inc provides a one-yeaz limited labor warranty. Equipment or system failure due
<br /> to lack of proper maintenance service or abuse is expressly excluded.Normal maintenance check-ups and filter
<br /> replacements are the responsibility of Purchaser. All other warranties, expressed or implied, are the
<br /> responsibility of the manufacturer of the equipment,parts, or materials used in connection with the services. 9.
<br /> There are no warranties, expressed or implied,for existing equipment, ductwork, or other materials not installed
<br /> by Ierna's Heating and Cooling Inc.
<br /> 10.All warranty work will be performed during Ierna's Heating and Cooling Inc's normal working hour 7am to
<br /> 1 I00 pm 7 days a week,parts subject to supply house availbilty
<br /> 11. Purchaser is responsible for all costs and reasonable attorney fees incurred by Ierna's Heating and Cooling
<br /> Inc in connection with any action or proceeding(including arbitration and appeals) arising out of this
<br /> agreement, including collection of any outstanding amounts due,whether or not suit is filed.
<br /> 12. Except as provided herein Ierna's Heating and Cooling Inc makes no other representations or warranties,
<br /> either express or implied, including,but not limited to, any implied warranties of inerchantability or fitness for a
<br /> particular purpose Ierna's Heating and Cooling Inc expressly disclaims a11 other warranties. Ierna's Heating and
<br /> Cooling Inc's m�imum liability hereunder shall consist of refunding a11 moneys paid to it by Purchaser
<br /> hereunder subject to removal and return to Ierna's Heating and Cooling Inc of a11 equipment provided
<br /> hereunder. Under no circumstances will Ierna's Heating and Cooling Inc be liable to Purchaser or any other
<br /> person for any damages, including, without limitation, any indirect, incidental, special, or consequential
<br /> damages, expenses, cost,profits, lost savings or earnings, lost or corrupted data, or other liability arising out of
<br /> or related to this agreement, or the services or equipment provided hereunder.
<br /> 13. This agreement shall he governed and construed solely according to the internallaws of the Sta.te of Florida,
<br /> without reference to any conflicts of laws.
<br /> 14. This agreement is the complete and exclusive statement of the agreement between Purchaser and Ierna's
<br /> Heating and Cooling Inc and it supersedes all prior oral and written proposals and any prior or subsequent
<br /> communications pertaining to the subject matter hereof.
<br /> Signature of Authorized Purchaser:
<br /> Date
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