1. Purchaser hereby accepts the equipment and service described above and agrees to pay Temp Control the price shown above.

2. All equipment and material are guaranteed by Temp Control to be as specified. All work will be completed in a workmanlike manner according to normally accepted practices.

3. Materials and work in addition to that described herein will be furnished only on the Purchaser’s authorization and will be paid by Purchaser as an extra charge.

4. Upon failure to pay any sums due hereunder, Purchaser agrees to pay Temp Control interest at the rate of one and one-half percent (1½%) per month (annual rate of 18%) on all outstanding balances.

5. Temp Control shall not be liable for any fault caused by events beyond its control, including but not limited to, fire, flood, strikes, accidents, or delays affecting this work or other operations in which it is involved, directly or indirectly.

6. Purchaser shall permit Temp Control reasonable access to the property on which equipment is to be installed. The title to all provided equipment remains with Temp Control until all amounts due thereon are paid in full, whether such equipment is affixed to the reality or not and shall remain personal property and be deemed sever-able without injury to the freehold. On any payment default by Purchaser, or if in Temp Control ‘s judgment, reasonably exercised, its equity appears to be imperiled, then, Temp Control may without further notice enter the premises and remove or resell the equipment, and Purchaser shall be liable for any deficiency or loss sustained by Temp Control in connection therewith.

7. Once the equipment is connected to the Purchaser’s property, Purchaser assumes all risk of loss or damage to such equipment and shall ensure same fully to protect all interests of Temp Control, the cost of insurance to be paid by Purchaser. Temp Control carries liability insurance and Worker’s Compensation Insurance.

8. Temp Control provides a one-year limited labor warranty. Equipment or system failure due to lack of proper maintenance service or abuse is expressly excluded. Normal maintenance check-ups and filter replacements are the responsibility of Purchaser. All other warranties, expressed or implied, are the responsibility of the manufacturer of the equipment, parts, or materials used in connection with the services.

9. There are no warranties, expressed or implied, for existing equipment, ductwork, or other materials not installed by Temp Control

10. All warranty work will be performed during Temp Control’s normal working hours, 8:00 AM to 5:00 PM, Monday through Friday.

11. Purchaser is responsible for all costs and reasonable attorney fees incurred by Temp Control in connection with any action or proceeding (including arbitration and appeals) arising out of this Agreement, including a collection of any outstanding amounts due, whether suit is filed.

12. Except as provided herein Temp Control 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. Temp Control expressly disclaims all other warranties. Temp Control’s maximum liability hereunder shall consist of refunding all money paid to it by Purchaser hereunder subject to removal and return to Temp Control of all equipment provided hereunder. Under no circumstances will Temp Control be liable to Purchaser or any other person for any damages, including, without limitation, any indirect, incidental, special, or consequential damages, expenses, cost, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to this Agreement, or the services or equipment provided here under.

13. This agreement shall be governed and construed solely according to the internal laws of the State of Tennessee, without reference to any conflicts of laws.

14. This agreement is the complete and exclusive statement of the agreement between Purchaser and Temp Control, and it supersedes all prior oral and written proposals and any prior or subsequent communications pertaining to the subject matter hereof.

This Proposal may be withdrawn by us if not accepted within 30 days of the original quote date.