TERMS & CONDITIONS
Yuhan Heating and Air Conditioning (“Yuhan”) is a service provider, and Customer’s acceptance of this proposal is deemed to accept the terms and conditions set forth herein.
PRICE POLICY: The proposal will expire within thirty (30) days from the proposal date unless accepted in writing prior to expiration.
PAYMENT: Payment shall be made as outlined, unless otherwise agreed by both parties in writing.
TRIP CHARGE: Yuhan shall request a trip charge in advance when a service request is made and scheduled. Customer may request a cancellation or to reschedule without any penalty only if it is made prior to 24 hours before the schedule time. If the schedule is cancelled prior to 24 hours, Yuhan will refund the customer the full trip charge amount.
TERMS: Terms of payment are subject to approval of Yuhan's Credit Department. All payments shall be subject to late charges not to exceed 1.5% per month on balances outstanding beyond agreed terms.
TAXES: The amount of any present or future taxes applicable to the products and services shall be added to the price contained herein and paid by the customer in the same manner and with the same effect as if originally added thereto.
CANCELLATIONS AND REFUND: Yuhan shall be reimbursed for any and all expenses caused by cancellation of an Accepted Proposal. Should a customer cancel the Accepted Proposal before Yuhan places an order to its vendors to purchase the equipment, Yuhan will refund the deposit it has received, net of any and all expenses incurred to the date of cancellation. Should a customer cancel the Accepted Proposal after it purchased the equipment but before starting the installation work, Yuhan will refund the deposit it has received, net of 15% of the deposit as a restocking fee and all other expenses incurred to the date of cancellation. Should a customer cancel the Accepted Proposal during the installation of equipment without any fault of Yuhan, Yuhan will determine all available options and determine the actual, necessary, and reasonable costs of performing the work to date of cancellation and settle with the customer in good faith.
DELAYS: Yuhan shall not be liable for any delays caused by riots, strikes, fires, floods, lack of transportation, accidents, or any other contingency beyond its control.
PRODUCT CHANGES: Yuhan reserves the right to change specifications and/or design without incurring obligation.
EXCLUDED ITEMS: Permit fees, carpentry work, or wall / floor penetration work are excluded from the scope of work unless specified otherwise on the proposal or mutually agreed in writing.
ACCESSIBILITY: Customer agrees to provide Yuhan free access to work area and safe working environment. Customer shall be liable for any damages due to the customer’s negligence on providing the accessibility.
LIMITED WARRANTY: Subject to terms included herein, Yuhan warrants that it will, at its option, repair or replace defective equipment or parts in the event any product sold hereunder and used in the United States, proves defective in material or workmanship within twenty-four (24) months for Installation and Replacement of Equipment Only and within twelve (12) months for Replacement or Repair of Parts Only from completion of the job. New and replaced equipment and parts are covered under Manufacturers’ Standard Warranty for the duration of the original warranty period. Some Limitations may apply. Refer to Manufacturer’s Warranty Certification for details. THIS WARRANTY CONSTITUTES THE CUSTOMER’S SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No liability shall be attached to Yuhan until it has been paid in full for all products and services provided hereunder. No person (including any agent, sales representative, dealer, or distributor) has the authority to expand Yuhan’s obligation beyond the terms of this express warranty or to state the performance of any products or services other than is published by Yuhan.
WARRANTY EXCLUSIONS: Yuhan’s warranty set forth in the LIMITED WARRANTY section does not apply to any products, parts or services which (a) have been opened, disassembled, repaired, or altered by anyone other than Yuhan or its authorized service representative; or (b) have been subjected to misuse, negligence, accidents, damage, or abnormal use of service; or (c) have been operated, installed, or start-up has been provided in a manner contrary to Yuhan’s or Manufacturer’s printed instructions; or (d) were manufactured or furnished by others and which are not an integral part of a product or services provided by Yuhan. Refrigerants, fluids, oils and expendable items such as filters are not covered by Yuhan’s warranty. For additional consideration, Yuhan will provide an extended warranty(ies) on certain products or parts thereof. The terms of any extended warranty(ies) are shown on the product limited warranty certificate or on a separate extended warranty statement.
DISPUTES AND CHOICE OF LAW: This proposal and these Terms and Conditions shall constitute the entire agreement between Yuhan and the customer and shall be governed by and construed according to the laws of the State of New Jersey. All claims, disputes, and controversies arising out of or relating to this agreement, or the breach thereof, shall, in lieu of court action, be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and any judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The site of the arbitration shall be New Jersey, unless another site is mutually agreed between the parties. The parties agree that any party to the arbitration shall be entitled to discovery of the other party as provided by the Federal Rules of Civil Procedure; provided, however, that any such discovery shall be completed within four (4) months from the date the Demand for Arbitration is filed with the AAA.
ERRORS: Yuhan reserves the right to correct any clerical errors.
CONCLUSION: All proposals by Yuhan are accepted with the express condition that the customer agrees with the terms and conditions stated herein. Yuhan’s failure to object to the provisions contained in the customer’s proposal or other communications shall not be deemed a waiver of the terms or conditions hereof nor acceptance of such provisions. No representations or guarantees other than those contained herein shall be binding upon Yuhan unless made in writing and signed by a designated representative of Yuhan.
ADDITIONAL TERMS & CONDITIONS FOR MAINTENANCE SERVICE
All Maintenance Service Offerings and Benefits are valid for One (1) year from the Date of the Signed Contract, unless stipulated otherwise on the Contract. When One (1) year-period ends, the Contract shall be renewed automatically unless provided a 30 day written notice to terminate by either party.
Damages resulting from fire, flood, act of God, abuse, vandalism or the improper use of the listed equipment will be the sole responsibility of the Customer and are not covered by this agreement.
This agreement does not cover any work or changes which might at some future date be required by government regulations, codes or insurance company. These may include, but not limited to, the recovery, recycling, reclamation, handling and disposal of all refrigerants and additional costs incurred for refrigerant tax and/or increased costs due to shortages.
Yuhan’s maximum liability based upon any claim or cause of action shall not exceed the annual contract price.
Upon sale of the property, this agreement for the covered equipment shall be transferable to the new owners.