No Lemon Guarantee
This Limited No-Lemon Guarantee is provided by to you Frank Gay Services, the original consumer purchaser (“Owner”). If the compressor in your Frank Gay Services Supreme or Premium air conditioner system fails twice in the first 10 years (or twice in the first 5 years on any other Frank Gay Services system), we will install a completely new condensing unit. If the Frank Gay Services Supreme or Premium heat exchanger in your furnace fails in the first 10 years (or twice in the first 5 years on any other Frank Gay Services system), we will install a completely new furnace, subject only to the terms and conditions contained in this document.
How To File a Claim
This No-Lemon Guarantee is a one-year performance promise by Frank Gay Services that our equipment will heat and/or cool your home within the temperature ranges as set forth in the Frank Gay Services presentation materials for the twelve-month period following installation. If you believe that is not the case, then simply contact Frank Gay Services at (407) 329-9808 with a brief explanation of the stated claim or concerns by the thirteenth month following the date of installation. We may request a copy of this No-Lemon Guarantee and a copy of your sales agreement or purchase order with Frank Gay Services. Frank Gay Services will then schedule an appointment to inspect the premises and the claim within a reasonable period of time after having received the claim. If after inspection, Frank Gay Services determines that a valid claim exists under this Guarantee, Frank Gay Services will replace the equipment or component, free of charge, at Frank Gay Services’s option. If Frank Gay Services determines to replace any or all product(s), and if such product(s) as originally installed are no longer available, Frank Gay Services shall have the right to substitute product(s) designated by Frank Gay Services.
to be of equal quality. Replacement of a product or component does not renew the No-Lemon Guarantee period. This No-Lemon Guarantee is not valid unless and until the Owner has made full payment under the original Frank Gay Services sales agreement and all addenda thereto. Non-warranty calls for repair or adjustment may result in a service charge.
What Is Not Covered
This No-Lemon Guarantee is granted by Frank Gay Services to the Owner only and only materials purchased from and installed by Frank Gay Services are covered by this No-Lemon Guarantee. All warranties terminate immediately upon the transfer of home ownership. This No-Lemon Guarantee assumes normal and reasonable use of Frank Gay Services-installed products or components as designed for the intended purpose conveyed to Frank Gay Services from Owner. This No-Lemon Guarantee does not cover any other use, damage, workmanship, or material failure beyond the control of Frank Gay Services including, but not limited to, damage caused by occurrences, such as settlement of the building, failure of the structure (including foundations and walls), use of incompatible accessories, removal, repair, or re-installation of any Frank Gay Services-installed products or components by other than Frank Gay Services, normal weathering, corrosive effects of salt air and chemical pollutants, normal fading, deterioration of caulking compounds, fire, flood, lightning, high winds, windblown objects, earthquake, hurricanes, atmospheric conditions or weather of catastrophic nature as defined by the US Weather Bureau, other acts of God, intentional acts, unreasonable use, vandalism or pollution. This No-Lemon Guarantee also will not apply to damages resulting from the failure to provide reasonable maintenance, including failure to clean the product or maintain the product as reasonably necessary.
What Voids This No-Lemon Guarantee
Installation, removal, repair, adjustment, tampering or re-installation of any Frank Gay Services products or components by other than Frank Gay Services voids this No-Lemon Guarantee and warranties within this document, and Frank Gay Services expressly disclaims any liability for any costs, defects, or damages with respect to such actions.
Remedies and Rights
No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of Frank Gay Services any obligation, liability, or responsibility in place of or in addition to this No-Lemon Guarantee. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE DURATION OF THE EXPRESS WARRANTY STATED HEREIN. EXCEPT FOR THE WARRANTY PROVIDED HEREIN FRANK GAY SERVIES MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FRANK GAY SERVIES’S LIABILITY TO OWNER UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY FRANK GAY SERVIES FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. IN NO EVENT SHALL FRANK GAY SERVIES BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF FRANK GAY SERVIES PRODUCT OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.