Terms and conditions
General Terms and Conditions
Unless Next Generation Refrigeration, LLC (“Next Gen”) and the customer (“Customer”) as named in the estimate document (“Estimate”) have entered into a separate signed agreement, these General Terms and Conditions (“Terms”) shall govern the services as described in the Estimate (“Services”).
1. Services:
The Services shall be performed by Next Gen, as described in the Estimate. Next Gen warrants for a period of thirty (30) days from completion of Services that all Services shall be provided in a professional and workmanlike manner, consistent with industry standards. Except as expressly provided herein, Next Gen hereby disclaims all warranties, implied or express, as permissible under applicable laws. Next Gen and Customer shall cooperate in good faith for purposes of any scheduling. Next Gen shall not be obligated to perform any service which is not contemplated in an Estimate.
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2. Fees:
By agreeing to receive Next Gen Services, Customer agrees to pay all fees as contemplated in any invoices provided by Next Gen following the completion of the Services. Customer further agrees to pay any fees attributable to the increase in expenses incurred by Next Gen, including without limitation, price increases of materials or equipment, and any increases in costs or labor due to Customer breach of Section 3. Furthermore, Customer agrees to pay a cancellation fee as contemplated in an Estimate, as applicable.
3. Customer Obligations:
Customer:
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has and will be truthful in all statements which are material to the performance of the Services;
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has and will fully disclose to Next Gen any and all hazards presented on the premises;
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shall fully disclose to Next Gen, prior to the provision of Services, any material consideration that is not readily visible to Next Gen, including but not limited to: proximity to mechanical systems; proximity to electrical systems, or; any structural deficiencies or abnormalities;
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shall ensure that no animals will interfere with the provision of the Services or interact with Next Gen in any way, and;
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shall be liable for any damages arising out of a violation of any of the above.
Customer’s breach of any of the foregoing shall void any Next Gen Service warranty contemplated herein.
4. Indemnification:
Customer agrees to indemnify and hold harmless Next Gen and its directors, officers and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with the Services.
5. Limitation of Liability:
Next Gen shall not be liable for any special, incidental, indirect, exemplary or consequential damages (including without limitation loss of profits, loss of food, costs of cover), however caused and based on any theory of liability, for any claims or causes of action arising out of or related to the Services. These limitations will apply even if Next Gen has been informed of the possibility of such damages.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, AND TO THE EXTENT PERMISSIBLE BY LAW, NEXT GEN DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE SERVICES OR THESE TERMS. IN NO EVENT SHALL NEXT GEN’S LIABILITY UNDER THESE TERMS OR ARISING OUT OR RESULTING FROM THE SERVICES EXCEED THE FEES PAID UNDER THESE TERMS WITH RESPECT TO SUCH SERVICES.
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6. Equipment Purchase and Installation:
The following terms and conditions apply if Services include the purchase and installation of any equipment.
In the event that Next Gen offers to register any manufacturer’s warranty for any equipment, such registration shall be an accommodation that Customer is free to reject, and Next Gen shall not be liable for any damages arising out of such accommodation. Next Gen shall be the owner of any equipment until full payment of fees, upon which time ownership shall transfer to Customer. Next Gen warrants for a period of thirty (30) days from completion of Services that all installation Services shall be performed in a professional and workmanlike manner, consistent with industry standards. Next Gen further warrants, for the periods of time as specified below, that all installation Services shall be free of defects:
TYPE OF EQUIPMENT: LENGTH OF INSTALLATION SERVICE LABOR WARRANTY
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Refrigeration: 1 year; or 2 years with purchase of maintenance contract
Ice Machine: 1 year; or 2 years with purchase of maintenance contract
Heat Pump: 1 year; or 6 years with purchase of maintenance contract
Split A/C: 1 year; or 2 years with purchase of maintenance contract
7. Miscellaneous:
These Terms shall be governed by the laws of the state of New Hampshire, without reference to its conflict of laws rules. Customer shall not assign the Agreement in whole or in part, without the advance, written consent of Next Gen. Any purported transfer or assignment in violation of the foregoing shall be null and void and of no force and effect. The failure or delay by either party in exercising any right or remedy hereunder shall not operate as a waiver of any such right, power or remedy. Waiver by either party of any default shall not waive any prior, concurrent, or subsequent defaults by the other party. These Terms may only be amended in writing signed by Customer and Next Gen. No terms contained in Customer purchase orders, acknowledgments, or other forms or documents shall have any force or effect over these Terms. These Terms and any Estimates constitute the entire understanding and agreement between the parties and supersedes all prior and contemporaneous proposals, discussions, and/or representations between them, whether written or oral. If any provision of these Terms is not enforceable, it will be severed from these Terms and the remainder will remain in full force and effect. In the event of a conflict between the terms of an Estimate and these Terms, the Estimate shall govern.
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****LANGUAGE FOR ESTIMATE: By agreeing to this Estimate, you are agreeing to Next Gen’s standard terms and conditions, available at the following URL: www.nextgenerationrefrigeration.info****