Lindstrom Air Cooling and Heating Maintenance Agreement

Maintenance Agreement for Heating or Air Conditioning Equipment

Agreement made on the between of , referred to herein as Customer or Client, and (name of Company), a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Company.

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. SERVICE

Company shall provide service for maintenance within 60 days following the approval of the maintenance agreement by the Client. The maintenance will be performed during the regular service hours from Monday to Friday, 7:00am to 4:00pm.

2. MAINTENANCE PROGRAM

Company shall perform maintenance as described as follows:

A. Verification of the refrigeration fluid (Freon level);

B. Verification of the heating mode (only for heat pump);

C. Verification of the cooling mode;

D. Verification of the defrost cycle (in heating mode only);

E. Verification of the interior thermostat’s operations;

F. Verification of the refrigerant line sealant;

G. Verification of the sound level from the outside unit;

H. Visual inspection of the different components of the system;

I. Lubrication of the outside fan motor (if applicable).

J. Cleaning of exterior coil (if necessary);

K. Cleaning of interior coil (if necessary);

L. Verification of the condensation drain (in cooling mode);

M. Verification of air filters;

N. Verification of exterior cut off;

O. Explanation of the use of the system or indoor thermostat if necessary; at least once described in and at the frequency or on the occasions set out in the Agreement.

3. CUSTOMER OBLIGATIONS

The maintenance does not cover pointless visits caused by the system’s inaccessibility or by a missed appointment by the Client. It is of the Client’s responsibility to assure his presence during the entire appointment to make sure that the system covered by the maintenance plan is accessible at all times. A charge of $ plus tax shall be billed to you for every missed appointment or pointless visit.

4. LIMITATION OF LIABILITY

YOU ACKNOLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE WE, OUR AGENTS, CONTRACTORS OR LICENSEES, SHALL BE LIABLE FOR ANY DIRECT OR INDERECT DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATIONS, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGES, LOST TIME, LOSS OF USE OF COVERED PROPERTY OR ANY OTHER PROPERTY, INCLUDING WITHOUT LIMITATION REAL OR PERSONAL PROPERTY, PRODUCTS OR EQUIPMENT(S), OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF THE UNIT COVERED UNDER THIS PLAN, DELAYS IN SERVICING OR REPAIRING THE UNIT OR BY THE INABILITY TO SERVICE OR REPAIR THE UNIT.

5. OWNERSHIP OF EQUIPMENT

The Customer agrees that all the equipments is the property of the Customer and is deemed to be in good condition. Company’s liability hereunder does not extend to damages caused by leaking storage tanks or oil lines inside or outside the residence, above or below the ground, or the failure of one of the equipments and Company is not liable for secondary or consequential damages.

6. CONDITIONS OF PARTS REPLACEMENT

All repairs or part replacements as well as the addition of Freon are excluded from this maintenance plan and shall be to the Client’s expense. When the equipment subjected to this plan is covered by an extended warranty, the repairs shall be carried out according to the conditions of these warranties. For all equipment not aimed by an extended warranty, and requiring a repair or a part replacement or the addition of Freon, an estimate will be submitted to you before any repair. Company shall then have the sole right to decide if any parts must be replaced in order to assure the adequate functioning, security and efficiency of the unit and Company will also have the right to decide if a new or remanufactured part shall be used for the replacement.

7. TERM and COST

The term of this Agreement shall begin on and extend to . Cost of this Agreement is $ on the date this Agreement is executed or $ per month for months, payable on the first day of each month beginning .

8. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

9. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

10. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

11. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

12 Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

13. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

14. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

15. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

WITNESS our signatures as of the day and date first above stated.