Building Systems Solutions

CCSI STAFF 
CCSI maintains an in-house service staff to support our equipment as well as service equipment from a wide variety of manufacturers. Our staff is factory trained and certified to provide equipment startup and commissioning on all of the products we represent.

STARTUP/COMMISSIONING/OWNER TRAINING 
Our staff provides "hands on" equipment startup.  As an option, CCSI utilizes manufacturer's personnel to assist in startup as well as partnering with local HVAC contractors and training them in startup procedures for supervised support.

WARRANTY SERVICE
All equipment and controls provided by CCSI are available with an optional first year labor warranty to support the parts warranties of our manufacturers.

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TERMS AND CONDITIONS OF SALE 

HVAC EQUIPMENT TERMS AND CONDITIONS OF SALE

A. Furnished Goods: All goods, services and firmware furnished by Climate Control Systems, Inc. (“Supplier”) are governed by the Manufacturer’s standard terms and conditions, and every agreement or other undertaking by Supplier is expressly conditioned on assent hereto by the Buyer and any end-user with whom Supplier undertakes to deal, of Suppliers goods, services and firmware (“Buyer”).  These standard terms and conditions supersede all inconsistent printed terms submitted by Buyer prior to Supplier’s order acknowledgement.  They may be varied only by a typed or legibly handwritten notation on the face of Supplier’s quotation or order acknowledgement, Buyer’s purchase order form or similar document.  Product and sales policy sheet and the like published from time to time by Supplier shall supplement but not supersede these standard terms and conditions.  Supplier not bound to furnish its goods, services or firmware except in accordance with the terms of its order acknowledgement, firm quotation, or other similar document issued over the signature of any authorized employee of Supplier.  Supplier’s representatives, distributors, dealers and other non-employees have no authority to bind supplier.

B. Price/Taxes/Delivery: Prices in this quotation remain effective for 30 days from date of issue. Unless otherwise provided on Supplier’s order acknowledgement, price and delivery terms are f.o.b. factory or warehouse at named shipping point with title passing to the Buyer upon delivery to the carrier by the Supplier. Supplier may, at its option, make partial shipments and invoice for same. Shipment dates are estimates only. No contract will be made to ship in a specified time unless in writing, signed by an officer of the Supplier. Any tax or other governmental charge now or hereby levied upon the production, sale, use of shipment of goods ordered or sold will be charged to and paid for by the Purchaser. Such taxes are not covered in the Seller's price unless expressly so quoted.

C. Payment/Credit/Security:  Payment terms for buyers are due upon delivery of equipment or goods. In certain circumstances the Buyer may be partial billed or billed separately between the Supplier and the Manufacturer.  Supplier shall be entitled to charge interest thereafter at a rate permitted by law but in no event to exceed 1.5% per month.  Whenever Supplier in good faith deems itself insecure, Supplier may cancel any outstanding contracts with Buyer; revoke its extension of credit to Buyer; reduce any unpaid dept by enforcing its security interest, created hereby, in all goods (and proceeds there from) furnished by Supplier to Buyer; and take any other steps necessary or desirable to secure Supplier with respect to Buyer’s payment for goods and services furnished or to be furnished by Supplier.                                                                                                                                                                                                                                               

In the event Buyer for any reason withholds payment of any amount due Supplier, Supplier may declare itself insecure and suspend further shipment to Buyer until Buyer places the withheld amount in escrow and gives adequate security for further shipments or until Buyer satisfies Supplier that Buyer was entitled to withhold such amount.  Supplier shall be entitled to recover from Buyer all costs, including reasonable attorney’s fees, incurred by Supplier in connection with the collection of any amount due Supplier.

D. Cancellation, Changes, Rejection and Notice of Defect:

(a)      Except as provided in sub-paragraph (b) below, Buyer's wrongful non-acceptance or repudiation of a contract to purchase Supplier’s goods or services shall entitle Supplier to recover the price or, where an action for the price is not permitted by law, damages, as provided by law, including Supplier’s lost profits. In this connection all goods purchased and all services furnished by Supplier in complete or partial fulfillment of a special order from customer shall be deemed identified to the contract between Supplier and Buyer.

(b)    Changes in the specifications on which Buyer's order covered by the Proposal is based will not be accepted unless requested in writing and any change in price is agreed to in writing.

        Buyer's wrongful non-acceptance or repudiation of a contract to purchase from Supplier goods which Supplier generally carries in inventory as stock items (or which are otherwise readily resoluble by Supplier at a reasonable price) shall entitle Supplier to recover damages, as provided by law, including Supplier’s lost profits.

(c)      Buyer agrees to fully inspect each shipment of Goods upon tender of delivery by Supplier to Buyer and to perform all desired inspections and tests. Buyer must within thirty (30) days of delivery or tender of delivery, whichever occurs first, accept or reject the Goods or any commercial unit or units and give Supplier written notice of any rejection and of any defect in the Goods so tendered or delivered, which defect Buyer either discovers or should reasonably discover within thirty (30) days of delivery or tender of delivery, whichever occurs first. Failure of Buyer to so notify Supplier shall constitute an acceptance of the Goods. Notice of any defect shall state with particularity the defect, how the Goods fail to conform, and the quantity of the Goods that are defective.

(d)     Except as stated above, where Buyer has accepted Supplier’s tender, Buyer must, within forty-five (45) days after Buyer discovers or should have discovered any breach of the warranty specified herein, notify the Supplier of any such breach or be barred from remedy. For such notice to be sufficient pursuant to this paragraph, the notice must state with particularity the warranty relied upon by Buyer to establish the breach, how the Goods fail to conform to the warranty, and the quantity of the Goods that fail to conform to the warranty.

E. Warranty: Supplier warrants that all new and unused goods furnished by Supplier are free from defect in workmanship and material as of the time and place of delivery by Supplier.  Except for goods and services furnished by Supplier through its employee arising out of orders solicited by Supplier’s Representatives and duly accepted by Supplier.  Supplier does not warrant, and shall not be liable for, the quality of any goods or services furnished or to be furnished by representatives, distributors, dealers or other non-employees of Supplier. Supplier shall not be obligated to pay for the cost of lost refrigerant. Supplier shall not be responsible for any mold, mildew or fungus.

As a matter of general warranty policy, Supplier honors an original Buyer’s warranty claim in the event of failure as per manufacturer’s general warranty guidelines for goods, which have been installed and operated under normal conditions and in accordance with generally accepted industry practices. 

This general warranty policy may be expanded or limited for particular categories of products or customers by information sheets published by Supplier. The express warranties provided above are in lieu of all other warranties, express or implied. Implied warranties of merchantability and fitness for particular purposes are excluded with respect to any and all goods and services furnished by supplier. No representative, agent or other person is authorized to extend the scope of Supplier’s limited warranty.

In the case of Supplier’s breach of warranty or any other duty with respect to the quality of any goods, the sole and exclusive remedies therefore shall be, at Suppliers option.  (1) Repair, (2) Replacement, or (3) Payment of or credit for the purchase price (less reasonable depreciation based upon actual use) upon return of the non-conforming goods or parts.

Return authorization must be obtained from Supplier prior to the return of any defective material.  All unauthorized returns will be sent back, freight collect, to the Buyer.  All returns must be made with transportation prepaid by the Buyer.  Supplier’s examination of the units must disclose to its satisfaction that defects exist and have not been caused by misuse, neglect, improper installation, repair, alteration, or accident before replacement is made or credit issued.

F. Force Majeur: Supplier and Buyer assume the non-occurrence of the following contingencies which, without limitation, might render performance by Supplier impractical: strikes, riots, fires, wars, late or non-delivery by suppliers to Supplier, and all other contingencies beyond the reasonable control of Supplier.

G. No Consequential Damages: Under no circumstances shall Supplier be liable to any person (including distributor) for loss of use, income or profit or for incidental, special or consequential or other similar damages, arising, directly or indirectly out of or occasioned by the sale, operation, use, installation, repair or replacement of the goods or services, whether such damages are based on a claim of breach of express or implied warranties (including merchantability or fitness for a personal injury where applicable law requires such liability.

H.  Governing Law: The law of the State of Alabama shall govern all transactions to which these standard terms and conditions apply.

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HVAC CONTRACT AND SPOT SERVICE TERMS AND CONDITIONS OF SALE 

A.    Planned and / or routine maintenance services provided under this agreement will be performed during normal working hours between 7:30 a.m. to 4:30 p.m., Monday through Friday excluding federal holidays. In the event that the Customer requests service outside of these hours, or on federal holidays, a bill will be submitted. Labor, material, and mileage charges will apply for all work over and above services covered under this agreement.

B.       The guarantees and services provided under the scope of this agreement are conditioned upon the Customer operating and maintaining systems / equipment.  Customer will do so according to industry-accepted practices and in consideration of our recommendations.

C.       Customer will provide and permit reasonable access to all covered equipment.  CCSI will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services.

D.      Any repairs or services resulting from power failures, freezing, roof leaks through curbs or equipment, or air side corrosion will be paid for by the Customer in accordance with CCSI currently established rates.

E.       In the unlikely event of failure to perform its obligations, CCSI’s liability is limited to repair or replacement at its option and such shall be Customer’s sole remedy.  Under no circumstances will CCSI be responsible for loss of use, loss of profits, increased operating or maintenance expense, claims of Customer’s tenants or clients, or any special, indirect or consequential damages.

F.       The agreement does not include responsibility for system design deficiencies, such as, but not limited to, poor air distribution, water flow imbalances, etc.  It does not include responsibility for system, equipment and component obsolescence, electrical failures, unserviceable equipment, and operating the system(s).

G.      CCSI will not be liable for delays or failure to obligate due to fire, flood, strike, lockout, freezing, unavailability of material, riots, acts of God, or any cause beyond reasonable control.

H.      CCSI is not responsible for the removal or disposal of any hazardous materials or any cost associated with these materials unless otherwise noted in this agreement.

I.         The agreement does not include repairing any damage resulting from improper / inadequate water treatment or filter service not supplied by CCSI.

J.        This agreement does not include services occasioned by improper operation, negligence, vandalism, or alterations, modifications, abuse, or misuse, or repairs to equipment not performed by CCSI.  Also excluded is the furnishing of materials and supplies for painting or refurbishing equipment.

K.      CCSI shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, federal, state, municipal or other authorities except as otherwise included in this agreement.

L.       This agreement does not include the cleaning of any air passages, grilles, or air balancing of systems.

M.     In the event either party must commence a legal action in order to enforce any rights under this contract, the successful party shall be entitled to all court costs and reasonable attorney’s fees as determined by the court for prosecuting and defending the claim, as the case may be.

N.      CCSI shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages.  It shall not be liable for expense incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this agreement.  It shall not be held liable for any loss by reason of strikes or labor troubles affecting its employees who perform the service called for herein, delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control.

O.      Only CCSI’s personnel or agent are authorized to perform the work included in the scope of this agreement.  CCSI may, at its option, cancel or waive its obligations under this Agreement should non-authorized individuals perform such work.

P.       This agreement and all rights hereunder shall not be assignable unless approved by CCSI.

Q.      In the event of additional freight, labor, or material costs resulting from Customer’s request to avoid delays with respect to equipment warranties, or accelerated delivery of parts and supplies, the Customer agrees to pay these additional costs at CCSI’s currently established rate.

R.       CCSI’s scope of work shall not include the identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances.  In the event CCSI encounters such material in performing its work, CCSI will have the right to discontinue work and remove its employees until the hazard is corrected or it is determined no hazard exists.

S.        This agreement does not include the disposal of hazardous waste.  Any charges incurred for their proper disposal will be born by the customer as an extra to the contract price.

T.       This agreement contains the entire contract and the parties hereby agree that this agreement has been agreed to and the entire agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or, understanding, oral or written, not contained herein, will be recognized or enforced.

U.      In the event CCSI is required to make any repairs and/or replacement and/or emergency calls occasioned by improper operation or misuse of equipment covered by this agreement or any cause beyond CCSI's control, the customer shall reimburse CCSI for expenses incurred in making repairs and/or replacements and/or emergency calls in accordance with the established rate for performing such service such as calls for thermostat setting, air balancing or equipment resetting.

V.       The customer is responsible for the replacement or repair of nonmoving parts of the heating, cooling and ventilating systems, such as duct work, boiler shell and tubes, boiler refractory and complementary equipment, for example but not limited to: cabinets, fixtures, boxes, water supply lines, drain lines, steam lines, plumbing, oil storage tanks, oil and/or gas lines, domestic water lines, refrigerant piping, pneumatic tubing, converter shell and tubes, heating or cooling coils and electrical wiring.

W.     For full coverage service contracts, CCSI will maintain Customer’s presently installed system within the functional limitations of the presently installed and covered HVAC/R equipment, controls, firmware and software where applicable. CCSI will repair or replace serviceable components and parts covered under this agreement. Replaced components will be new or reconditioned components of compatible design as required ensuring maintainable condition. These components will be based upon the commercial availability of the parts and components. All exchanged parts will become the property of CCSI. Upon initial inspection or during the first six (6) month period of a full coverage contract, if any component cannot, under the sole opinion of CCSI, be properly repaired, due to obsolescence, lack of availability of standard parts, and/or excessive deterioration, CCSI may remove the component from the list of covered equipment with thirty (30) days written notice. The Customer will have the option of paying CCSI to continue to maintain the component per manufacturer’s recommendations excluding parts replacement. In either case, the full coverage on the component will be eliminated from the contract and the price adjusted accordingly.

X.      Full coverage service contracts shall remain in effect until terminated by either party with thirty (30) day notification prior to the anniversary date.  Planned maintenance agreements may be cancelled by either party at any time with thirty (30) days written notification.

Y.       Should a full coverage service contract be canceled prior to the anniversary date without due cause, Customer shall pay CCSI 25% of the annual price in addition to any previous amount paid.

Z.       The Customer acknowledges that CCSI’s employees are a valuable asset to CCSI.  The Customer agrees to pay CCSI an amount equal to twelve (12) months of salary for each CCSI employee who worked at Customer’s facility that is then hired by Customer at any time during the term of this agreement and for sixty (60) days thereafter.