This contract is subject to the following terms and conditions, which are an integral part of this contract.
In consideration for the services and equipment to be provided the customers agrees to pay HYDROBREEZE INC or its assignees the fees on the front side of this document.
HYDROBREEZE INC will install and maintain the system in a competent manner. Although HYDROBREEZE INC will exercise due care while performing any work hereunder, customers understand that damages to real and personal property may occur in the course of installation of the system. Subject to the limitations on liability below, HYDROBREEZE INC assumes responsibility for all damages due to its fault. Customer is responsible for marking and alerting HYDROBREEZE INC to any hidden pipes, cables, and other obstacles prior to the commencement of work.
ACCESS TO PROPERTY.
HYDROBREEZE INC must have ingress to and egress from the property during the installation of the system and for refills and service, which may require opening and leaving open gates, garage doors, pool doors, and sheds. In some circumstances, customer may provide HYDROBREEZE INC with keys, gates codes, or alarm codes. Although HYDROBREEZE INC will make every reasonable effort to maintain the security of customer’s property, HYDROBREEZE INC shall not be responsible for thefts of customer’s personal property by persons other than HYDROBREEZE INC employees, agents, or representatives or for any pets that run away or escape during the installation of the system or during service.
The warranty of the system is based on the service plan selected. The system is warranted to operate as specified following the completion of the installation and while maintained by HYDROBREEZE INC under the appropriate service plan. The warranty does not cover damage or broken parts due to misuse of the system or damage to the system due to the growth of trees, floods, falling tree limbs, power surges or faulty electrical connections, internal/external water damage, action of customer or of third parties. The warranty does not cover modifications to or replacement of any parts of the system required by changes in federal, state, or local laws, regulations, or ordinances. Furthermore, warranty does not cover normal wear and tear, appearance, accident, fire, external freezing, hot water damage, overuse or misapplication. Issues such as noise level, rusting and clogging of the nozzles are not considered defect. Issues arising from poor maintenance and failure to change filter and oil at specified intervals does not qualify for warranty replacement. If the system is not maintained by HYDROBREEZE INC, or if any person other than an authorized HYDROBREEZE INC representative services, and/or modifies the system, the warranty will be void, and any repairs will be charged to the customer.
NO IMPLIED WARRANTIES; LIMITATION OF LIABILITY. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT FOR THE WARRANTY HEREIN, IN NO EVENT SHALL HYDROBREEZE INC OR MANUFACTURER OF ITS PRODUCTS BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR LOSS OF PROFITS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO ANY BREACH OF THIS AGREEMENT OR ANY OBLIGATIONS ARISING UNDER THIS AGREEMENT, EXCEPT ANY PROPERTY DAMAGE OR PERSONAL INJURY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY HYDROBREEZE INC . IN NO EVENT SHALL HYDROBREEZE INC MONETARY DAMAGES EXCEED THE PURCHASE PRICE OF THE SYSTEM. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OF TORT, INCLUDING HYDROBREEZE INC’S PRICING REFLECTS THE ALLOCATION OF RISK AND LIMITATIONS ON LIABILITY CONTAINED IN THIS AGREEMENT.
Entire Agreement. This contract contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto relating to the subject matter of the contract that are not fully expressed herein.
Price Adjustments. The current prices as quoted on this contract are for our current operation. If future prices in structure are required, notification of these changes to the customer will be made in advance of any price changes.
Service Contracts. Service agreements renew automatically until terminated by the customer in writing. Termination of the Full Service Plan or payments not received within 30 days of due date for the plan voids the lifetime warranty. Upon termination of the Full Service Plan, the customer may be charged a final fee to cover any costs accrued.
Transferability. The warranties (including the Full Service Plan) may be transferred to a new owner of the property for an administrative fee that will include a complete onsite inspection and orientation with the new owners. HYDROBREEZE INC is to be notified within 10 days of an ownership change. The customer shall be solely responsible for any charges incurred prior to notification of such an ownership change.
Grant of Security Interest. The customer hereby grants HYDROBREEZE INC a security interest in lien of each system, including any components thereof, to secure payment of purchase price and/or service fees referenced herein. Customer will assist HYDROBREEZE INC in promptly executing and recording any document, notices, or security agreements, which HYDROBREEZE INC reasonably deems necessary to perfect such security interest and to publicly record its security interest in the system.
Fees. HYDROBREEZE INC reserves the right under its own discretion to assess late fees on any payment not received by its due date. Additionally, the customer may be charged a fee for any checks that are returned.
Governing Law; Venue. This contract has been executed in and shall be governed by the laws of the State of Texas without giving effect to the choice of laws or conflict of laws rules of any state. Venue for any action brought hereunder shall be proper only in Texas.
Court Cost and Attorneys’ Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to recover costs of court and reasonable attorneys’ fees from the other party or parties to such action, which fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief that may be awarded.
Waivers. No waiver of any provision or condition of this contract shall be valid unless executed in writing and signed by the party to be bound thereby, and then only to the extent specified in such waiver. No waiver of any provision or condition of this contract shall be construed as a waiver of any other provision or condition of this contract, and no present waiver of any provision or condition of this contract shall be construed as a future waiver of such provision or condition.
Notices. All notices, demands, requests, or other communications that may be or are required to be given, served, or sent by any party to any other party pursuant to this contract shall be in writing and shall be mailed by registered or certified mail, return receipt requested, postage prepaid; transmitted by a reputable courier service, delivery signed for; or delivered by hand delivery, addressed to customer at address of the property and to HYDROBREEZE INC at address indicated on front.
Mandatory Arbitration. Any dispute concerning the contract or the enforcement of any term or condition hereof shall be submitted to binding arbitration to the extent permitted by law, in Texas, before the American Arbitration Association under its National Rules for the Resolution of Employment Disputes. Customer hereby waives his or her right to jury trial as to matters arising out of the terms of this contract and any matters herein released to the extent permitted by law. Customer and HYDROBREEZE INC each agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.
Insurance. HYDROBREEZE INC carries liability insurance. Upon request, HYDROBREEZE INC shall furnish the customer with a certificate of our liability insurance.