By signing the job estimate/invoice set forth above, you agree that these Service Terms and Conditions (this "contract") apply to the work, materials and service performed by Burkhardt as described in the Description of Work.
Burkhardt will make every reasonable effort to thoroughly investigate work to be performed and inform you of all aspects of the work. Burkhardt will perform the work for the Total Due unless Burkhardt encounters any unforeseen issues not visible during the estimate/service call. If Burkhardt encounters unforeseen issues, Burkhardt will advise you of the additional cost to resolve the issue allowing you the option of continuing the work with the additional costs which you agree to pay for or to decline the additional costs of repairs which may affect the work being performed. Burkhardt will not provide an itemized breakdown of materials and labor. Burkhardt may use subcontractors and consultants to perform some of the work.
You agree to hold Burkhardt harmless for the discovery of defective conditions, including but not limited to (i) existing illegal conditions (ii) improper of faulty plumbing (rusted or defective pipes, acid in drain systems, damaged sewer or drain lines), (iii) improper or faulty electrical lines (broken or settled electrical lines, improperly charged electrical systems, electrical defects, improper voltage from power company), (iv) improper or faulty HVAC conditions, or (v) defective roofing or chimney. You agree to remove or protect any personal property that may be located in or near the work area.
You must pay the Balance Due upon completion of the work by one of the following payment methods: cash, check, or payment card. You understand that if your check is returned unpaid by your bank, you will owe Burkhardt the amount of the check plus all reasonable costs (cost to notify customer and bank fee amount) in bank charges for the returned deposit (currently $55). If we do not receive your payment on the Completed/Due Date listed above or your payment is returned unpaid, you will owe Burkhardt a $25 late fee. For any remaining balances due ten (10) days after the Completion Date, you agree to pay a finance charge of 3% per month (36% per annum) or the highest interest rate allowable by law (whichever is less). For balances that remain unpaid after thirty (30) days, a lien will be filed against the Service Address. If Burkhardt incurs any costs, expenses, or fees, including reasonable attorney fees and professional collection services fees, in connection with the collection of payment of any amounts due Burkhardt under this contract, you agree to reimburse Burkhardt for all such costs, expenses, and fees.
As required by the Wisconsin Construction Lien Law, you are hereby notified that persons or companies furnishing, procuring labor, services, materials, plans, or specifications for the construction on owner's land may have lien rights on owner's land and building if not paid. Those entitled to lien rights, in addition to the undersigned claimant, are those who contract directly with the owner or those who give the owner notice within 60 days after they first perform, furnish, or procure labor, services, materials, plans, or specifications for the construction, accordingly, the owner probably will receive notices from those who perform, furnish, or procure labor, services, materials, plans, or specifications for the construction, and should give a copy of each notice received to the mortgage lender, if any. Claimant agrees to cooperate with the owner and the owner’s lender, if any, to see that all potential lien claimants are duly paid.
Customer agrees and acknowledges that under state and federal law, Customer has a right to cancel this Agreement upon written notice to Burkhardt Heating & Cooling within three (3) business days of the Effective Date hereof without penalty.
The homeowner may rescind this agreement within three (3) days after signing. Rescission may be made by giving verbal notice on our recorded line at 414-355-5520 or written notice via email to install@burkhardtheating.com
In the event of any job cancellation subsequent to the expiration of the 3-day cancellation period or waiver thereof, Customer acknowledges that such cancellation shall result in forfeiture of any deposits made. Additionally, Customer agrees and acknowledges that the Company reserves the right, in its sole and exclusive discretion to charge Customer a restocking fee equal to Twenty Percent (20%) of the costs and fees associated with any parts, equipment, or materials plus actual cost of any permits already submitted.
Some work may require that a permit be purchased either through the city or county where the service is being performed. Burkhardt is required to perform all work to the standards set forth by governing bodies and may have to make changes to existing systems in order for inspections to pass. You are responsible for all costs and fees associated with inspection items found that are not included in the Description of Work. You acknowledge and agree that (i) Burkhardt will only be obligated to make any changes in the work required by the administrative authority maintaining jurisdiction over the work if such changes are set forth in a "Correction Notice" issued by such administrative authority; and (ii) the price for the work will be increased in an amount sufficient to pay for such changes.
Building codes or laws may require that smoke detectors or carbon monoxide detectors be installed. If you purchase any detectors through Burkhardt or yourself, and self-install those detectors, all inquiries regarding installation, maintenance, placement, or warranty of such detector should be directed to the manufacturer of the detector. Burkhardt is not liable for any aspect of self-installed detectors including, but not limited to, battery replacement, incorrect installation, or any use outside of the manufacturer's recommendations. For detectors that are installed by Burkhardt, Burkhardt is not responsible for the maintenance of the detectors.
You accept responsibility for proper abatement or removal of any and all asbestos, mold, or other potentially hazardous materials or elements of the work area(s) in which work is or will be completed. Work area(s) containing moisture or other potentially harmful substance(s) to property, persons, and/or animals are your responsibility.
If for any reason you direct Burkhardt not to complete the work or to stop performing the work, you agree (i) to pay Burkhardt for all the time worked and all equipment and materials used up to the point of the work stoppage; and (ii) you shall indemnify, defend, and hold Burkhardt harmless from any and all damages that may be caused due to the work stoppage, including, but not limited to, any code violations, sewer gas, water leaks, sewer back-ups, life safety issues, etc.
Burkhardt will perform all work in a competent, workmanlike manner. Burkhardt is not responsible for any existing illegal conditions. Except for HVAC installations, Burkhardt warrants its service work (plumbing, electrical, and HVAC) to be free from defects in material and workmanship for the warranty period of thirty (30) days from the Completed Date unless stated otherwise in the Description of Work. Burkhardt warrants all HVAC installations to be free from defects in material and workmanship for the warranty period of one (1) year from the Completion Date unless stated otherwise in the Description of Work. All warranties are void if payment is not made when due. Warranties are extended only to the customer who hired Burkhardt to perform the work and are not transferable. If a defect in materials or workmanship covered by this warranty occurs, you must promptly notify Burkhardt of any such defect by calling them at the phone number listed on your invoice. Burkhardt will, with reasonable promptness during normal working hours, remedy the defect covered under the warranty. Your sole remedy for a breach of warranty claim is to have Burkhardt repair or replace the defective material or refund the fees paid for the work. If you delay in notifying Burkhardt of any covered defect, Burkhardt will not be liable for water, sewage, electrical, or other damage caused by such delay. This contract does not alter any manufacturer's warranty that may apply to a purchased HVAC system, air conditioner, furnace, water heater, water conditioning system, electrical panel, or generator. You may also have the option to purchase an extended warranty or service contract.
Burkhardt is not liable for the following, which are excluded from the coverage of this limited-service warranty:
Burkhardt disclaims liability for any damage to personal or real property including, but not limited to, curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, tile, cabinets, carpets, siding, and other appurtenances to the residence or real property. Burkhardt is not responsible for damage to personal property, real property, or any improvements to real property caused by persons delivering materials or equipment or for keeping gates and doors closed for any children and animals. Burkhardt will not be liable for any: (1) incidental damages; (2) consequential damages; (3) special damages; (4) indirect damages; or (5) punitive damages. This limitation of liability applies, whether you base an action against Burkhardt on: (a) the contract; (b) a warranty; (c) a tort (such as a claim of negligence, recklessness, or intentional act); or (d) any other theory. This limitation of liability applies even if Burkhardt knows about the possibility of such damage. The laws of some states may prohibit the limitation of liability for consequential damages, or incidental damages, or other kinds of damages. In those states, to the extent their laws apply, the limitation of liability with respect to such damage may not apply to you. Burkhardt's entire aggregate liability for any claims relating to the work, materials, or services or this contract shall not exceed the fees paid or payable by you to Burkhardt under this contract. This section shall survive the termination of the contract. Except as stated in the limited warranty above, the work, materials, and services are provided to you "AS-IS." Burkhardt makes no other warranties of any kind for the services. This includes both express warranties, implied warranties, and warranties of merchantability and fitness for a particular purpose. A "warranty" is a guarantee that the services will meet certain standards.
No action shall be brought for any claim relating to or arising out of this contract more than one (1) year after the accrual of such cause of action, except for any money owed for services.
Burkhardt is not liable for any failure or delay in the performance of its obligations under this contract if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accidents, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, government regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, pandemics, epidemics, local disease outbreaks, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, in addition to any and all events, regardless of their dissimilarity to the foregoing, deemed to render performance of the contract impracticable or impossible under the law, in which event Burkhardt shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
This is the entire contract between the parties with regard to the services and supersedes any prior contract or communications between the parties, whether written, oral, electronic or otherwise. The contract binds you and your heirs, representatives, successors, and assigns. All disputes relating in any way to this contract will be governed by the laws of the state in which the work is performed. No waiver of any term or right in this contract shall be effective unless in writing, signed by an authorized representative of the waiving party.
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