TERMS AND CONDITIONS

The following Terms and Conditions apply only to Time and Material (T&M) Service Work, approval of which is given by the Customer’s signature in the block on the face above. (Work performed under Full Service Maintenance Agreements, Preventative Maintenance Agreements, Fixed-Price Agreements and/or Time and Material Agreements shall be governed by the Terms and Conditions contained in the agreement(s) executed by the Customer and Hayes Mechanical.)

1. LABOR WARRANTY: Hayes Mechanical warrants its workmanship for 120 days.

2. PARTS WARRANTY: If any replacement part of item of equipment installed by Hayes Mechanical proves defective, Hayes Mechanical will extend to the Customer the benefits of any warranty that Hayes Mechanical has received from the manufacturer.

3. PAYMENT TERMS ARE NET 10 DAYS FROM DATE OF INVOICE: Customer agrees to promptly pay invoices within 10 days of issue for all services rendered and materials or parts supplied at the current rates and prices in effect at the time services are performed. If Hayes Mechanical does not receive full payment within 10 days, Customer agrees to pay interest on any sums outstanding and past due at a rate of 1.5% per month.

4. Customer shall permit Hayes Mechanical free and timely access to areas and equipment, and allow Hayes Mechanical to start and stop the equipment to inspect the totality of the system, thee equipment, or the maintenance records.

5. Services are being performed as required by the Customer and it is specifically understood that Hayes Mechanical has not had a previous opportunity to inspect the totality of the system, thee equipment, or the maintenance records.

6. Under no circumstances, whether arising in contract, tort (including negligence), equity or otherwise, will Hayes Mechanical be responsible for loss of use, loss of profit, increased operating or maintenance expenses, claims of Customer’s tenants or clients, or any special, indirect, or consequential damages.