They form part of Tower Heating & Air’s agreement with the customer.
1. Payment Terms
Full payment is due upon substantial completion, also known as Cash on Delivery (COD). When a credit or debit card is used, the card issuer is authorized to pay the Agreement Total Charges upon proper presentation.
Unpaid amounts bear interest at 1.5% per month (18% annually). The customer is responsible for costs associated with collecting unpaid charges, including costs arising from returned checks or invalid or disputed cards, attorney fees, collection fees, court costs, and Tower expenses.
Amounts are subject to final office audit. Tower will invoice or refund amounts required to correct clerical or mathematical errors. Labor or materials not listed in the agreement are billed separately. Applicable taxes and government charges are additional.
2. Changes and Additional Costs
Changes, deviations, or additions that create additional cost will be billed on a time-and-materials basis unless otherwise agreed in writing. Costs or lost productivity caused by delays or actions within the customer’s control may be invoiced at Tower’s current service rates.
If this agreement conflicts with a previously executed agreement between Tower and the customer, this agreement supersedes the prior provision.
3. One-Year Workmanship Warranty
Tower warrants its workmanship against defects for one year from substantial completion. Manufacturer-provided assignable limited warranties for equipment, parts, or components will be assigned to the customer. Tower’s liability will not exceed the Agreement Total Charges.
At its option, Tower may repair, replace, or issue credit for a covered defective item, provided it was not damaged, abused, misused, tampered with, or affected by chemical properties. This is the customer’s exclusive limited-warranty remedy.
Written notice of alleged defective workmanship must be given within 30 days of its occurrence. The warranty excludes damage caused by abuse, modifications not performed by Tower, insufficient maintenance, improper operation, and normal wear. Implied warranties of merchantability and fitness for a particular purpose are disclaimed. Listed warranties and guarantees are limited and non-transferable.
To request warranty performance, contact Tower’s Service Department at 138 Donmoor Court, Garner, NC 27529, or call (919) 755-1957
4. Program-Specific Guarantees
The Compressor Replacement Guarantee and Heat Exchanger Replacement Guarantee are subject to the applicable manufacturer’s program. The Comfort Guarantee applies when Tower has sized and modified ductwork and branch runs as a line item on the proposal. A Lifetime Thermostat Warranty requires Tower’s name and phone number on the thermostat.
5. Liability and Site Conditions
Tower is not liable for conditions beyond its reasonable control or an inability to obtain materials or supplies. Tower is not required to identify, detect, encapsulate, or remove asbestos, mold, bacteria, pollen, algae, dirt, spores, or other hazardous substances and does not warrant that its work will improve indoor air quality.
To the fullest extent permitted by law, Tower is not liable for consequential, direct, indirect, special, or punitive damages, lost profits or opportunity, delays, lost revenue, loss of use, unusual utility costs, substitute facilities, or rental equipment.
6. Agreement and Legal Terms
The agreement becomes binding when accepted by the customer and approved by a Tower agent. No verbal representation, purchase order, or customer notice is binding. A customer legal action relating to the agreement must begin no later than one year after substantial completion.
Proceedings to enforce the agreement will be tried without a jury in Wake County, North Carolina, under North Carolina law. If a provision is found invalid or unenforceable, the remaining provisions continue in effect.
The customer agrees not to employ or independently contract with a Tower employee during performance of the agreement and for 12 months after substantial completion.