The Lowery Guarantee

Lowery HVAC Labor Guarantee

LABOR GUARANTEE:

Subject to all terms and conditions herein, Lowery Plumbing Heating & Air Conditioning (referred to as “the Contractor” herein) extends a limited guarantee that your HVAC installation (referred to as the “Product” herein) has been performed as specified in a substantial and workmanlike manner. All labor is guaranteed against faulty installation for a period of (please refer to your proposal for number of years guaranteed) years from the date of completion, within a reasonable time after notice. In order to invoke this limited guarantee, Owner must notify the Contractor in writing within five (5) business days of the discovery of an alleged labor and/or installation defect. If notice is not reasonable made pursuant to this guarantee, this limited guarantee will be void. Upon receiving such notice, Contractor shall be permitted the opportunity to inspect the Product. If labor is found to have been faulty by the Contractor, Contractor will reinstall material in the problem areas at no extra charge to the customer within the applicability and term of this guarantee. This limited guarantee is transferable to a new owner of the property when notified in writing at the closing of the property transaction and is otherwise non-transferable. This guarantee demonstrates our dedication to the quality of the installation to your home.

RESTRICTIONS & EXCLUSIONS:

This guarantee only covers costs of labor associated with actual repairs of any defect in workmanship provided by Contractor. This guarantee provided by Contractor is limited to the cost of repairing or replacing the specific labor determined by the Contractor to be faulty, if any. This guarantee does not cover defects of the Product or related equipment.

The workmanlike guarantee applies to workmanship only and is not valid unless payment has been made in full compliance of the terms outlined in your proposal.

The limited guarantee does not cover certain items or events including, but not limited to, all associated costs for diagnostic calls, parts, and service labor where it is determined, at the sole discretion of Contractor, that any of the following issues contributed to the need for the product diagnostics, repairs and/or services:

  • Any defect, deficiency, fault and/ or limitation of the Product including any accessory or equipment of the installed HVAC system. In this instance, the Product and any accessory or equipment shall be considered ‘subject to the terms and conditions of the effective manufacturer’s warranty.
  • Any defect, deficiency, fault and/or limitation of the Product caused by accidents, natural occurrences, and/or Acts of God including, but not limited to, hail, ice, windstorms, fire, lightning, earthquakes, vandalism, riot, civil disorder, harmful fumes or vapors, chemical pollutants or air pollution, mildew, fungus, salt, dust, building ‘settlement or structural failure of the attached structure or any other causes beyond the Contractor’s control.
  • Relocation or transfer of the Product from the Client to any other entity or location at any time during the guarantee period, without the prior knowledge and written consent of Contractor.
  • Any damage or product integrity compromised by or incurred by the performance of any service or repairs performed by any individual or entity other than Contractor.
  • Any damage caused by overflow from defective drains that the equipment may be connected to.

LEGAL TERMS:

THIS LABOR GUARANTEE SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES AND GUARANTEES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT. THE IMPLIED GUARANTEES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE PRODUCT WARRANTY. CONTRACTOR DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCT.

DAMAGES:

NOTWITHSTANDING ANYTHING IN THIS LABOR GUARANTEE TO THE CONTRARY, CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL AND/OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY OR NEGLIGENCE), PATENT INFRINGEMENT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE PRODUCT.

WPL and DPL limited Guarantee – MASTER

Lowery Plumbing Heating & Air Conditioning (referred to as “the Contractor” herein) provides a (please refer to your proposal for number of years guaranteed) year limited Guarantee to _________________ (referred to as “the Owner’) that the piping systems of the Owner, restored by the Contractor as set out in invoice #______________ , Will be free of failure as a result of defects in material or workmanship provided by the Contractor under the following provisions :

a) Under normal use, the epoxy lining shall not de-bond, break down or otherwise fail. The Contractor does not guarantee against failure caused by, contributed in whole or in part by, or resulting from any of the following: abuse, such as, without limitation, vandalism; the introduction into the piping system of any chemical that would not be permitted in potable water, sanitary sewers or chemicals approved for potable water at concentrations higher than approved for potable water; operating the water system at temperatures greater than the domestic hot standard (120 degrees standard); natural disasters or causes, such as, without limitation, flooding, windstorm, lightning; tornado, or earthquake; attachments to or modifications of the piping system not authorized by Contractor; external causes; where external, physical or chemical qualities produce damage to the epoxy lining such as, without limitation, an unsuitable or hostile environment including the use of a flame or torch on the epoxy lining; or another cause beyond the Contractor’s control including other stresses placed on the pipe or its contents that are not considered to be normal for the original intended use or function of the piping system; (i.e. freezing temperatures, manipulation of piping etc.)

b) Should the restored piping system be subjected to abuse, such as, without limitation, vandalism; the introduction into the piping system any chemical that would not be permitted in potable water, sanitary sewers, or chemicals approved for potable water at concentrations higher than approved for potable water; operation of the water system at temperatures greater than the domestic hot standard; attachments to or modifications of the piping system not completed by methods authorized by the Contractor; or physical or chemical qualities produce damage to the epoxy lining such as; without limitation, an unsuitable or hostile environment including the use of a flame or torch on the pipe containing epoxy lining; or any other cause beyond the Contractor’s control including other stresses placed on the pipe or its contents that are not considered normal or beyond the original intended use or function of the piping system, this limited Guarantee will become immediately null and void with respect to such affected piping.

c) This limited Guarantee does not cover, and the Contractor shall not be liable under any circumstances for any other direct or indirect, general, special, incidental or consequential damages of any kind from whatever cause except, other than to repair or replace the affected piping as provided herein.

d) If the owner contends that a failure of the treated piping system has occurred during the Guarantee period, the Owner must notify the Contractor in writing within five (5) business days of the Owner’s discovery of the failure of the treated piping system through the notice provisions provided in the Contract Documents, and the Contractor shall be permitted the opportunity to inspect the alleged failure. If the Contractor agrees that a failure of the treated piping system has occurred, as a result of defects in material or workmanship provided by the Contractor, the Owner shall allow the Contractor to correct the failure by repairing, replacing or rerouting the affected piping within a reasonable time, without charge to the Owner. This limited Guarantee by the Contractor is limited to the cost of repairing, replacing or rerouting the affected piping including installation or additional treatments, and specially excludes any costs or repair associated with ancillary damage to the Owner’s property. Failure to provide the Contractor with: (1) the required notice and opportunity to inspect such affected piping; and/or (2) the opportunity to repair, replace or re-route the affected piping, including installation or additional treatment; will terminate this limited Guarantee. Should the Contractor be called to the property for problems unrelated to matters for which this Guarantee applies, the Owner will be charged a service call fee at rates predominant in the local market.

It is expressly understood and agreed that neither this limited Guarantee nor the Contractor shall in no way be deemed or held to be obligated to, liable for, or accountable for, any guarantees or warranties, expressed or implied, beyond this expressed limited Guarantee. This limited Guarantee is the only Guarantee for the pipe restoration provided by the Contractor, and is and shall be in lieu of any and all other Guarantees, expressed or implied, including but not limited to, an implied Guarantee of merchantability, or fitness for a particular use and of all other obligations or liabilities on the part of the Contractor. None of the Contractor’s employees, and no other person or business is authorized to make any other Guarantee on the Contractor’s behalf covering the Work.

This limited Guarantee is transferable to a new owner of the property when notified in writing at the closing of the property transaction and is otherwise non-transferable. This limited Guarantee gives the Owner specific legal rights, and the Owner may also have other rights that may vary from jurisdiction.

All new plumbing fittings installed by the Contractor shall be covered by the manufacturer’s Guarantee (s) only for the period of such Guarantee (s). The Owner shall contact those manufacturer’s specifically regarding any claims thereto. The Contractor shall Guarantee the installation of such fittings installed as part of the work for one (1) year from the date of the invoice referenced above.

DAMAGES:

NOTWITHSTANDING ANYTHING IN THIS LABOR GUARANTEE TO THE CONTRARY, CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL AND/OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY OR NEGLIGENCE), PATENT INFRINGEMENT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE PRODUCT.