ATS Controls HVAC Terms and Conditions

1. CHANGES IN THE WORK: Any work requested by Customer, or required by a construction lender, public body or inspector, or is found reasonably necessary by ATS Controls HVAC to complete the work due to any site condition or work circumstance. The contract price shall be reasonably adjusted for Extra Work by ATS Controls HVAC. Change Orders become part of this Contract once the Change Order is prepared in writing and agreed by the parties. Change Orders describe the scope of the Extra Work or change, the cost to be added or subtracted from this Contract, and the effect the change will have on the schedule of progress payments. Failure to have written authorization shall not excuse Customer’s obligation to pay for all work undertaken in good faith by ATS Controls HVAC.

2. RESPONSIBILITIES OF THE PARTIES: Customers have a duty to advise ATS Controls HVAC of any unsafe, unusual or impedimentary site conditions that may interfere with safe and efficient work performance. ATS Controls HVAC shall promptly notify Customer of any such site conditions, any that differ materially from as indicated in this Contract, or differ materially from those ordinarily encountered and generally recognized as inherent in work of the kind due under this Contract. Customer shall pay for Extra Work necessary due to such conditions. Customer is responsible to provide safe site access, supply water, gas, sewer and electrical utilities and provide toilet facilities all unless otherwise agreed to in writing. Customer warrants having sufficient funds to pay for all charges under this agreement. This is a cash transaction (which may be paid by debit card or credit card or other immediate payment form acceptable to ATS Controls HVAC) unless otherwise specified. Customer is responsible to remove or protect any personal property, for which ATS Controls HVAC is not responsible, nor is ATS Controls HVAC responsible for any driveways, lawns, shrubs, etc. Customer shall point out and warrant all property lines to ATS Controls HVAC. For any work that may require penetration of the surface of the site, Customer is responsible to contact the Utilities Protection Center at 811 to have the site marked for utilities. ATS Controls HVAC may delay work if the Customer has failed to timely do so and may charge for any extra site visits or Extra Work due to any such failure.

3. DELAYS: ATS Controls HVAC agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any reason beyond its control, including but not limited to: failure or delay of issuance of all necessary building permits, funding of loans, disbursement of funds into funding control or escrow, negligence or malfeasance of Customer including Customer’s employees, contractors and/or agents, Acts of God, stormy or inclement weather, labor disputes, Extra Work, the public enemy, riots or civil commotion, inability to secure material through regular recognized channels, government action, or Customer failure to make any payment when due. If the contract is delayed indefinitely or terminated through no fault of ATS Controls HVAC a 15% restocking fee will apply to all purchased equipment and materials.

4. PLANS & SPECIFICATIONS: All plans and specifications prepared under this Contract, if any, shall be attached to and become a part of this Contract.

5. SUBCONTRACTS: ATS Controls HVAC may subcontract any portions of this work to properly licensed and qualified subcontractors.

6. FEES, TAXES AND ASSESSMENTS: Customer will pay for all taxes and assessments, imposed by any authority on account of or in relation to this Contract and any of the work or goods under this Contract. ATS Controls HVAC will obtain all required permits, but Customer will pay assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drains, water service, schools and school facilities, other utilities, hook up charges and the like.

7. INSURANCE: Customer warrants that Customer has comprehensive and public liability insurance coverage in force on the site where work is to be performed in the amount of not less than $250,000. If the project or the site is destroyed or damaged by accident, disaster or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by ATS Controls HVAC as a result thereof shall be paid by the Customer as Extra Work. Mold, mildew, and fungi contamination is not covered under any warranty or insurance of ATS Controls HVAC and remains Customer’s risk.

8. RIGHT TO STOP WORK: ATS Controls HVAC shall have the right to stop work if any payment is not paid to Atlanta Air Care in good funds when due. ATS Controls HVAC may remain idle without terminating for cause (as provided below) until all payments due are received. This remedy is in addition to any other right or remedy of ATS Controls HVAC. Any failure to make payment when due, is a material breach of this Contract. All additional costs and any additional work resulting from delay and/or stopping and restarting work shall be chargeable as Extra Work.

9. CLEAN-UP: ATS Controls HVAC will remove from the work site debris and surplus material due to its work, and shall leave the site in no worse condition than when work began.

10. LIMITATIONS: No action of any character arising from or related to this Contract, or the performance thereof shall be commenced by either party against the other more than two years after completion of the project or cessation of work under this Contract.

11. ATTORNEY FEES: In the event of any breach or enforcement action under this Contract in which ATS Controls HVAC prevails in whole or in any part, ATS Controls HVAC shall be entitled to collect all costs thereof, including but not limited to reasonable attorney fees.

12. PAYMENT: Upon satisfactory payment being made for any portion of the work performed, ATS Controls HVAC shall, prior to any further payment being made, furnish to the persons conte. If any payment is not made when due, in addition to all other rights, ATS Controls HVAC may proceed with lien rights.

13. ASBESTOS AND HAZARDOUS WASTE: Unless this Contract specifically calls for the removal, disturbance, or transportation of asbestos or other hazardous substances, the parties acknowledge that such work requires special procedure, precautions, and/or licenses, meaning that if ATS Controls HVAC encounters any such substance, ATS Controls HVAC shall immediately stop or limit work to permit the Customer to obtain duly qualified assistance to remediate the hazard, or ATS Controls HVAC may perform or subcontract the work at ATS Controls HVAC’s decision. Any additional work resulting from such hazard, delay and/or stopping and restarting work shall be chargeable as Extra Work.

14. GUARANTEES: The ATS Controls HVAC CUSTOMER CARE GUARANTEES provided separately are incorporated in this Contract, BUT BECOME EFFECTIVE ONLY WHEN PAYMENT IN FULL HAS BEEN RECEIVED IN GOOD FUNDS BY ATS Controls HVAC. Please be sure to read Part II of the GUARANTEES.