Our Legal Terms
NOTES PERTAINING TO PLANNED MAINTENANCE
A. LABOR
Unless otherwise noted, all required labor to perform planned maintenance inspections in accordance with this Agreement will be performed during normal business hours, 8:00am – 4:30pm, M – F.
B. MATERIAL
Unless otherwise noted Seaside Air Services Inc will provide and install Drain line treatment solution & Consumable cleaning supplies(Simple Green, Lysol Disinfectant) as part of the Planned Maintenance Agreement at no additional charge.
C. REPORTING
Seaside Air Services Inc will generate a work summary report at the end of each inspection outlining the work performed, problems found (if any) and recommendations for items requiring additional attention (if applicable) pertaining only to the equipment covered in Schedule A
D. ADDITIONAL LABOR & MATERIALS
Unless otherwise noted the labor, materials and supplies associated with emergency diagnosis, estimates, repairs or modifications are NOT included in this Agreement. If additional work is required, the work (not to exceed $500) will be performed on a "Time & Material" basis at the current hourly rate in effect at the time service is rendered. This applies only to work not covered by this Agreement.
If Seaside Air Services Inc is requested to provide service/repair labor above and beyond the planned maintenance inspections as noted in this agreement as a result of work being performed by others, Seaside Air Services Inc. will charge the prevailing rate at the time service is rendered and in accordance with any collective bargaining agreement Seaside Air Services Inc. may be party to.
E. QUOTED REPAIRS
Unless otherwise noted, in the event additional work is required in excess of $500 Seaside Air Services Inc will provide a written estimate. Please note that the estimate will not include the cost of the labor for the diagnostic work performed to prepare the written estimate. The diagnostic cost will be charged separately.
F. RESTOCKING FEE
In the event a repair or preventive maintenance visit is cancelled after it has been approved and the materials have been ordered, a restocking fee may apply. This will only apply if Seaside Air Services Inc. is charged a restocking fee from the supplier/subcontractor from which the materials/services were ordered. The fee will only be what the supplier/vendor charges Seaside Air Services Inc.
G. EMERGENCY RESPONSE TIME
It is Seaside Air Services Inc intention to provide same day service. For calls received between 8:00am - 12:00pm (M-F) Seaside Air Services Inc. will typically respond the same day. For calls received after 12:00 pm Seaside Air Services Inc. may respond the same day or more likely the following day. Please note Seaside Air Services Inc provides emergency service 24/7 yet overtime charges apply before 8:00am and after 4:30pm (M-F) independent of when the call was initially placed. Please note that while it is our intention to operate as noted above, it is possible during times of extreme temperatures that we may fall outside of these guidelines and Seaside Air Services Inc. shall not be liable to you for any consequential and/or incidental damages associated therewith, if any.
H. TRAVEL CHARGE
Unless otherwise noted will charge a fixed travel fee per visit for any service required above and beyond the planned maintenance inspections called for in this Agreement. The travel fee is calculated as .75 hours of our standard straight time prevailing hourly rate plus a surcharge of $27.00.
I. SCHEDULING
If required, Seaside Air Services Inc will contact you/your representative (via phone, fax or email) to schedule any/all planned maintenance visits. Please note that in the event any calls/faxes/emails go unanswered by the designated contact provided by you, Seaside Air Services Inc reserves the right to not perform the inspection for which the call was originally placed. If required, Seaside Air Services Inc will make a minimum of two (2) consecutive attempts per inspection to schedule the planned visit. In the event a planned maintenance inspection is missed for which Seaside Air Services Inc. made a minimum of two (2) consecutive attempts to schedule the planned maintenance visit, there will be no adjustment to the fees charged and/or paid under the Agreement. It is the customer’s responsibility to notify Seaside Air Services Inc. as soon as possible of any change in telephone numbers, fax numbers and email addresses.
J. EQUIPMENT ACCESSIBILITY
The customer agrees to provide unencumbered access to all HVAC equipment, including, if applicable, humidification nozzles, for both planned maintenance inspections and all service calls (if applicable). Failure to do so may result in additional costs if a return visit is required due to inaccessibility of the HVAC equipment. is further not obligated to honor any warranties associated with equipment or be liable for any property damage if adequate accessibility is not provided.
K. SPACE PROTECTION
If additional space protection is required, it will be the responsibility of the owner/owner’s representative to take the necessary precautions. Seaside Air Services Inc assumes no responsibility or liability for damages as a result of the failure of the owner to adequately protect the space. Seaside Air Services Inc is further not obligated to honor any warranties associated with the equipment or be liable for any property damage if you have failed to maintain the equipment free of debris, free of water damage, such as spillage into the system, unexpected exposure to water, or any similar situation, overcrowding and all other conditions which would result in damage to the equipment.
GENERAL NOTES
A. Seaside Air Services Inc shall not be liable for lack of equipment performance or damages resulting from, but not limited to: unexpected freezing, vandalism, strikes, fires, third party control system failure, accidents, theft, sabotage, abuse of the equipment under contract, Acts of God or other unexpected incidental or consequential damages.
B. Seaside Air Services Inc is not obligated to perform any service until this Agreement is accepted and
returned to with the appropriate payment. This Agreement may not be transferred or assigned without prior written consent by This document contains the entire agreement between both parties and there are no other warranties or representations expressed or implied. No modifications, additions or changes may be made, unless in writing and signed by both parties.
C. The customer agrees to accept the judgment Seaside Air Services Inc of as to the best means and methods for any corrective or repair work necessary and to have repairs made promptly. In the event the customer does not approve recommended repairs, Seaside Air Services Inc will not be held liable for any damages, including but not limited to incidental and/or consequential damages associated with such non-approved repairs.
D. Seaside Air Services Inc will only warranty parts purchased and installed by Seaside Air Services Inc will provide a one (1) year warranty on all parts provided and installed by Seaside Air Services Inc.
E. Seaside Air Services Inc will honor the price noted in this Agreement for fifteen (15) days from the date proposed. If the agreement is not accepted within 15 days from the date proposed reserves the right to adjust the prices set forth herein.
F. Seaside Air Services Inc assumes no liability for lack of equipment performance resulting from the customer’s failure to authorize work required to correct deficiencies. Service calls of a repetitive nature i.e. more than two consecutive times, related to previously identified deficiencies, which have not been approved for correction, will result in the customer being charged for such service calls on a "Time and Material" basis at the current rate in effect at the time service is rendered.
G. The customer agrees to make all payments when due. Seaside Air Services Inc is not obligated to perform any service (pending or future), including planned maintenance inspections to a customer in default of any payment. In addition, Seaside Air Services Inc may discontinue service at any time, without notice until full payment is received. No act of forbearance on part shall constitute a waiver of this provision.
H. In the event that the customer fails to pay for services for an excessive period, which means more than ninety (90) days, of time and after prior notice to customer of the default in payment, Seaside Air Services Inc has the right to make a claim against the customer, but not the obligation, and such right may be enforced against the property in accordance with the applicable lien laws at the discretion of and after prior notice.
I. For residential properties only:
Any contractor, subcontractor or materialman who provides goods and services pursuant to this Agreement and who is not paid may have a valid legal claim against your property known as a mechanic’s lien which will only be enforced as stated in paragraph H herein. Any mechanic’s lien filed against your property may be discharged. Payment of the agreed-upon price under the contract prior to the filing of a mechanic’s lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge the mechanic’s lien.
As required by Florida law governing residential home improvements, in addition to any right, the owner may cancel the contract until midnight the third business day after on which the owner has signed an agreement or offer to purchase relating to such contract. Cancellations occur when written notice, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and postage pre-paid. Notwithstanding the foregoing, this paragraph shall not apply to a transaction in which the owner has initiated the contract and the Work is needed to meet a bona fide emergency of the owner. Such a waiver based upon an emergency must be in writing and must expressly state that the owner is waiving the three-day cancellation provision based upon that emergency.
J. Neither party to the Agreement shall assign the Agreement as a whole without written consent of the other.
K. The Agreement shall be governed by the law of the State Florida.
L. Seaside Air Services Inc and customer each hereby waive claims against each other for consequential damages arising out of or relating to this Agreement as set forth herein:
1. damages incurred by the customer for rental expenses arising from delays in the Work; and
2. damages incurred by Seaside Air Services Inc for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination.
M. This Agreement may be executed in any number of counterparts and by the parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Agreement. Any executed signature page delivered by facsimile or e-mail transmission shall be binding to the same extent as an original executed signature page, with regard to any agreement subject to the terms hereof or any amendment thereto.
WORK EXCLUDED UNDER THIS AGREEMENT
A. Identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or other hazardous substances and/or materials.
B. Damages or repairs necessitated by pre-existing conditions.
C. Water treatment and/or chemical cleaning of condensers and evaporators, steam and/or hot water coils and water towers, unless expressly written in this Agreement.
D. Any electrical work, including but not limited to electrical power wiring, pneumatic or electronic controls, DDC and BMS controls and relocation of thermostats.
E. Installation of obsolete parts, system design, system modification, replacement of non-mechanical operating components, including but not limited to; blower sections (blower wheels/bearings/shaft/housing),
heat exchangers (evaporator coils, condenser coils, steam coils, hot water coils, chilled water coils, free cooling coils, etc.); Repairing, rebuilding or replacing of pumps and compressors is also excluded.
F. Refrigerant leak check and/or refrigerant leak repairs are excluded.
G. Services necessitated by the replacement of parts when they are obsolete or when original design changes are necessary.
H. Plumbing related items including but not limited to water, steam or drain piping beyond the equipment proper, unless expressly written in this Agreement.
I. Any consequential or incidental property damages due to component failure associated with humidification nozzles unless such component was installed by Seaside Air Services Inc. .
J. Energy management systems and proprietary controls systems.
K. Moving, relocating, modifying, dropping or re-hanging of HVAC equipment, including but not limited to ducts and associated insulation.
L. Non-maintainable items such as but not limited to cabinets, sheet metal, ductwork, diffusers, hardware, dampers etc. as well as the repair or replacement of condensate pans, access doors/panels, vibration eliminators, insulation and steelwork.
M. Air balancing
N. Work made necessary by local, state or federal government codes, building and union regulations or insurance requirements.
O. Work made necessary by the corrosive action of liquids, i.e. water and gases on HVAC equipment and associated piping.
INDEMNITY
Seaside Air Services Inc. hereby covenants and agrees to indemnity, defend and hold Customer and its direct and indirect parents, subsidiaries, and affiliates and each of their respective shareholder, members, managers, directors, officers and employees (collectively, "Customer Group") free, clear and harmless from and against any and all claims, demands, losses, liabilities, damages, causes of action and expenses (including reasonable attorney’s fees) caused by, resulting from or connected with claims for any property damage or personal injury (including death) caused by Seaside Air Services Inc. or Seaside Air Services Inc. ’s agents, employees or contractors or bodily injury caused by Seaside Air Services Inc. ’s agents, employees or contractors for any property damage or personal injury (including death) sustained in connection with the Work under this Agreement. insurance requirements prior to the start of work.
In an effort to avoid any delay of service, if insurance is required by the building, specifications should be provided with the executed agreement.
TERM OF THE AGREEMENT
This Agreement shall remain in effect for one (1) year from the effective start date and shall renew automatically at the end of each period at an adjusted rate unless written notice by either party is given to the other at least thirty (30) days prior to the expiration date of the Agreement or any renewal period. Notice of non-renewal must be in writing and sent by certified mail/return receipt requested or overnight courier.
EFFECTIVE START DATE
If the Agreement is accepted on or before the 15th of the month the effective start date will be the 1st of that month. If the agreement is accepted on or after the 16th of the month the effective start date will be the 1st of the following month.
Independent of the effective start date of the Agreement any labor provided, or materials used prior to the acceptance of the Agreement will be invoiced separately and is not included in the Agreement.
INITIAL MAINTENANCE VISIT
Please note that in order to properly source the materials needed to provide the initial maintenance inspection and plan the appropriate labor resources, the initial inspection will typically be scheduled between 2-3 weeks from the date of acceptance of this Agreement. Seaside Air Services Inc. will endeavor to perform the initial inspection as soon as possible from the date of acceptance. We respectfully ask for your patience and understanding relative to our need to gather materials and plan the labor efficiently.