Comprehensive Labor Warranty
MechaniCool provides a one-year limited labor warranty for the equipment provided and installed in accordance with the scope of the services outlined in this Invoice and Agreement. Should any such repair performed by MechaniCool on the listed equipment during the term of this Agreement fail within 12 months of the date of the repair due to the workmanship of MechaniCool, it will perform the repair again at not cost to the Customer for labor.
This Agreement does not cover, and MechaniCool will not be responsible for the following including, but not limited to:
- Any breakdown or failure of the listed equipment or any failure to detect any defect in or malfunction of the listed equipment.
- All other warranties or exclusions, whether expressed or implied, that are the responsibility of the manufacturer of the equipment, parts, or materials used in connection with the services. A separate warranty from the manufacturer of these parts may apply to parts that were used to perform the repair or otherwise furnished to you.
- Should the Customer utilize another company to provide parts and/or repairs, the MechaniCool is not responsible to either provide reimbursement or warranty of the work performed.
- Any consequential, secondary or incidental damages or any bodily injury or property damage, regardless of the cause.
- Equipment or system failure due to lack of proper maintenance service or abuse is expressly excluded from this warranty. Normal maintenance check-ups and filter replacements are the responsibility of the Customer.
- Existing equipment, ductwork, or other materials not installed by MechaniCool as outlined in this Agreement.
Except as provided herein MechaniCool makes no other representations or warranties, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. MechaniCool expressly disclaims all other warranties.
This Agreement shall be governed and construed solely according to the internal laws of the State of Arizona, without reference to any conflicts of laws. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, any litigation arising out of this Agreement shall be resolved by courts located in the County of Pinal, State of Arizona. The prevailing party shall be entitled to recover its reasonable attorneys’ fees, litigation costs, and other expenses.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. The failure of MechaniCool to enforce any provision of this Agreement shall not be construed as a waiver or limitation of its right to subsequently enforce and compel strict compliance with every provision of this Agreement.