320 E 10th Dr.
Suite F Mesa, AZ 85210
MAINTENANCE INSPECTION AGREEMENT
In exchange for the payment referenced below, Falcon Air Conditioning, Inc. (“Falcon”) will inspect your Heating Ventilation and Air Conditioning system (“HVAC”) at the property referenced below 4 times within the next 24-month period. This Agreement will automatically expire after the fourth inspection is complete.
The inspection service to be performed by Falcon will consist of (“Planned Inspection Services”):
Inspect and Perform:
• Inspect exterior for signs of damage
• Inspect and tighten electrical connections
• Flush Condensate Drain
• Clean outdoor coil (one time per term)
• Lubricate serviceable bearings
Inspect and document:
• Voltage to compressors and fan motors
• Amperage to compressors and fan motors
• Operation of Reversing Valve (if any)
• Coil Condition (comb minor fin damage)
• Circuit Boards / Operating Controls
• Refrigerant Pressures
• Temperature Split (Supply / Return Air)
• Blower Wheel Condition
• Fan Blade Condition
• Thermostat Operation
• Gas Heating Components (if any / winter only)
• Defrost Controls (winter only)
You will receive a 10% DISCOUNT on any Repair Parts purchased from Falcon prior to the expiration of this Agreement. The term “Repair Parts” as used herein excludes complete HVAC system replacements, air handlers, or HVAC units.
By signing below, I hereby elect to proceed with the Maintenance Inspection Agreement as outlined above. I further acknowledge that the terms and conditions contained on the backside of this document are made a part of my agreement with Falcon.
STANDARD TERMS AND CONDITIONS
No repair, maintenance, removal, or replacement work will be performed under this Agreement, all such work is hereby expressly excluded. All repair, maintenance, removal, or replacement work authorized by customer will be performed pursuant to a separate work order.
Because no repair, maintenance, removal, or replacement work will be performed under this Agreement Falcon makes no representation, guaranty, or warranty regarding the continued operation, function, or efficiency of your HVAC system after each Planned Inspection Service is complete.
Upon completion of each inspection, Falcon will deliver an inspection report to the customer via email.
The Planned Inspection Service furnished hereunder does not obligate Falcon to replace air filters or to charge your HVAC system with Freon.
A Planned Inspection Service must be scheduled with at least 48-hour advance notice to Falcon. If no one is present at the time of a scheduled inspection, Falcon shall be deemed to have fulfilled its duties under this Agreement, and therefore, it may charge the customer for any subsequent Planned Inspection Service requested by the customer.
Falcon will provide each customer with a 4-hour block of time for the scheduled inspection service. It is the customer’s responsibility to make the home available for the inspection within this 4-hour window of time.
No Planned Inspection Service will be scheduled until the customer has paid in full.
This Maintenance Service Agreement shall be governed by the laws of the State of Arizona.
If any provision of this Agreement or the application thereof is adjudicated to be invalid, the remainder of this Agreement shall be construed as if such invalid part were never included herein.
This Agreement sets forth the entire agreement between the parties and supersedes all prior or contemporaneous written or oral negotiations, covenants, conditions, representations and warranties.
This Agreement may not be assigned by the customer to another person without the prior written consent of Falcon. This Agreement shall be non-transferrable without the prior written consent of Falcon.
The customer hereby releases Falcon from any liability, loss, or damage resulting from or arising out of any condition that is existing at the customer’s home prior to the performance of Planned Inspection Service, regardless of whether or not such pre-existing condition is related to the HVAC system. The customer hereby agrees to indemnify, defend, and hold Falcon harmless with respect to any claim asserted in connection with any pre-existing condition at the customer’s property.
Neither party shall be entitled to recover attorneys’ fees or costs from the other party with respect to any claim or suit commenced in connection with the services furnished under this Agreement.
FALCON HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE, MERCHANTABILITY, HABITABILITY, OR ANY OTHER WARRANTY IMPLIED BY THE LAW.
Waiver of Jury Trial. YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE YOUR RIGHT TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE AND TO ANY DISPUTE OR CONTROVERSY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
The customer shall assume the risk of loss or damage to the property and shall purchase and maintain insurance from this risk.