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I <br /> • I <br /> 2.�II equipment and material are guaranteed by lerna's Heating and Cooling Inc to be as specified.All work will be , <br /> completed in a workmanlike manner according to normally accepted practices. I <br /> 3. Materials and work in addition to that described herein will be furnished only on Purchaser's authorization and will be � <br /> paid by Purchaser as an extra charge. i <br /> 4. Upon failure to pay any sums due hereunder, Purchaser agrees to pay lerna's Heating and Cooling Inc interest at the � <br /> rate of one and one half percent(1%%) per month (annual rate of 18%)on all outstanding balances. �I <br /> 5. lerna's Heating and Cooling Inc shall not be liable for any default caused by events beyond its control, including but <br /> not limited to,fire,flood, strikes, accidents,or delays affecting this work or other operations in which it is involved, <br /> directly or indirectly. <br /> 6. Purchaser shall permit lerna's Heating and Cooling Inc reasonable access to the property on which equipment is to be � <br /> installed.Title to all provided equipment remains with lerna's Heating and Cooling Inc until all amounts due thereon are I <br /> paid in full,whether such equipment is affixed to the realty or not, and shall remain personal property and be deemed <br /> sever-able without injury to the freehold. On any payment default by Purchaser, or if in lerna's Heating and Cooling Inc's � <br /> judgment, reasonably exercised, its equity appears to be imperiled,then, lerna's Heating and Cooling Inc may without , <br /> further notice enter the premises and remove or resell the equipment,and Purchaser shall be liable for any deficiency or ', <br /> loss sustained by lerna's Heating and Cooling Inc in connection therewith. �i <br /> 7. Once equipment is connected at Purchaser's property, Purchaser assumes all risk of loss or damage to such <br /> equipment and shall insure same fully to protect all interests of lerna's Heating and Cooling Inc, cost of insurance to be j <br /> paid by Purchaser. lerna's Heating and Cooling Inc carries liability insurance and Worker's Compensation Insurance. ' <br /> 8. lerna's Heating and Cooling Inc provides a one-year limited labor warranty. Equipment or system failure due to lack of ; <br /> proper maintenance service or abuse is expressly excluded. Normal maintenance check-ups and filter replacements are <br /> the responsibility of Purchaser.All other warranties, expressed or implied,are the responsibility of the manufacturer of <br /> the equipment, parts,or materials used in connection with the services. 9.There are no warranties,expressed or , <br /> implied,for existing equipment, ductwork, or other materials not installed by lerna's Heating and Cooling Inc. ; <br /> 10.All warranty work will be performed during lerna's Heating and Cooling Inc's normal working hour 7am to 1100 pm 7 , <br /> days a week, parts subject to supply house availbilty <br /> 11. Purchaser is responsible for all costs and reasonable attorney fees incurred by lerna's Heating and Cooling Inc in <br /> connection with any action or proceeding (including arbitration and appeals) arising out of this agreement, including � <br /> collection of any outstanding amounts due,whether or not suit is filed. I <br /> 12. Except as provided herein lerna's Heating and Cooling Inc makes no other representations or warranties, either <br />� express or implied, including, but not limited to, any implied warranties of inerchantability or fitness for a particular <br />� purpose lerna's Heating and Cooling Inc expressly disclaims all other warranties. lerna's Heating and Cooling Inc's <br /> maximum liability hereunder shall consist of refunding all moneys paid to it by Purchaser hereunder subject to removal � <br /> and return to lerna's Heating and Cooling Inc of all equipment provided hereunder. Under no circumstances will lerna's � <br /> Heating and Cooling Inc be liable to Purchaser or any other person for any damages, including,without limitation, any ; <br /> indirect, incidental,special,or consequential damages, expenses, cost, profits, lost savings or earnings, lost or corrupted ' <br /> data, or other liability arising out of or related to this agreement, or the services or equipment provided hereunder. <br /> 13.This agreement shall be governed and construed solely according to the internal laws of the State of Florida,without <br /> reference to any conflicts of laws. <br /> 14.This agreement is the complete and exclusive statement of the agreement between Purchaser and lerna's Heating <br /> and Cooling Inc and it supersedes all prior oral and written proposals and any prior or subsequent communications <br /> pertaining to the subject matter hereof. <br /> NOTICE OF RIGHT TO CANCEL By signing this document you the customer are aware and agree to all <br /> • disclaimers above. You as the customer have the right to cancel any and all service(s)within 3 days of signing this <br /> contract. All sales are final. If you choose to cancel the transaction please notify us in writing at the business <br /> address referenced above. lerna's Heating, Cooling & Plumbing reserves the right to file property liens if <br /> payment(s) are not received. <br /> Signature of Authorized Purchaser: ! � <br /> I <br /> � � <br /> Date <br /> i <br /> Z i <br /> � <br /> � <br />