Last updated: January 01, 2023

Choate’s Air Conditioning and Heating, Inc. (“Choate’s”) is pleased to provide you (the “Customer”) with this Preventative Maintenance Agreement (“Agreement”) for the property identified herein (the “Property”). Pursuant to the terms of this Agreement, Choate’s and the Customer agree as follows: Choate’s will provide the Customer with the services identified in the Scope of Work. The Scope of Work will apply to the Comfort Systems identified herein.

Choate’s and the Customer will work together to schedule the agreed-upon services. The services performed will be subject to Choate’s availability. There shall be no penalty if any party needs to reschedule the services. Choate’s will have no obligation to perform the services if the Customer fails to make the Property available to Choate’s or fails to coordinate with Choate’s. All services will be scheduled for performance between the hours of 8:00 a.m. and 5:00 p.m. (“Business Hours”). In exchange for the services provided pursuant to this Agreement, Customer agrees to pay Choate’s the total sum identified above (the “Payment”). The Payment will be paid either in a lump sum onetime payment or divided over twelve (12) equal monthly installments.

Monthly payments will be debited from the Customer’s method of payment account identified in this Agreement. This Agreement shall automatically renew each year. Upon renewal of the Agreement, Customer authorizes Choate’s to continue debiting Customer’s method of payment account or to invoice the Customer for a one-time payment.

The Customer may cancel this Agreement at any time upon providing Choate’s with thirty (30) days written notice. Any scheduled payments falling within the 30-day cancelation period will be debited. Additionally, if Customer terminates this Agreement before its expiration, the Customer shall be responsible for payment to Choate’s of the fair market value of the services provided, which shall be valued at half of the remaining outstanding Payment balance.

Choate’s warrants that all services performed pursuant to this Agreement shall be of good and workmanlike quality and that any and all materials and/or parts used in the performance of the work will be of new and good quality. In performing the services, Choate’s will provide its opinion as to the state and condition of the Customer’s equipment subject to the services. In performing the services and giving its opinions, Choate’s cannot guarantee or warrant that any of the Customer’s equipment will or will not fail or that any of the equipment will or will not continue to operate or function for any certain period of time at any certain capacity. While the services performed pursuant to this Agreement are intended to improve the function of the Customer’s equipment, it is agreed and understood that Choate’s cannot guarantee that the life of the equipment will be extended as a result of the services provided.

The Customer agrees that Choate’s will have no liability for the failure of any of the Customer’s equipment unless such failure is directly attributable to Choate’s intentional bad acts. If Choate’s identifies a defect or issue in the Customer’s equipment, it will be Customer’s responsibility to order, schedule and pay for any additional or remedial work that is not expressly provided for in this Agreement. Choate’s expressly disclaims any and all liability for damages, consequential damages, defects and the operation of any equipment, unless the equipment was previously installed by Choate’s and subject to a separate warranty.

Performing services pursuant to this Agreement shall in no way extend any previous warranties. Any disputes arising from the Agreement shall be governed by the laws of the State of Tennessee, and the Parties agree that the Courts of Shelby County, Tennessee shall be the proper venue for litigation and shall have personal jurisdiction over each of the Parties. In the event Choate’s institutes any legal action to recover Payment or costs due to it pursuant to this Agreement and arising from the services performed pursuant to this Agreement, Customer agrees to reimburse Choate’s its costs of litigation, including reasonable attorney’s fees. Customer agrees to waive any claims he/she may have against Choate’s for consequential damages. Customer further waives any claims he/she may have for loss of use. Customer agrees that his/her damages will be limited to the Payment amount contained in this Agreement.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

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If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: https://choateshvac.com/request-info