Master Work Agreement
Terms and Agreements
These Terms and Conditions are part of the contract documents for any transaction between
WARNER SERVICE, LLC (“Warner”) and any construction, installation, service or
maintenance customer (“Customer”) with whom Warner agrees to perform work. These Terms
and Conditions supersede any other contracts or documents, and where a conflict exists between these Terms and Conditions and any other contract documents, these Terms and Conditions shall govern. These Terms and Conditions constitute a binding contract between Customer and Warner and shall be referred to herein as either “Terms and Conditions” or this “Agreement.” This proposal may be withdrawn by Warner at any time prior to receipt of notice of acceptance by Customer and/or if it is not approved by a properly appointed officer of Warner.
1. Payment
Prices quoted by Warner are valid for fifteen (15) days only. Customer agrees to pay
all invoices rendered by Warner for work performed on behalf of Customer. Payment constitutes acceptance of the work. Customer agrees to pay for the work on a time and material basis or at a price agreed upon in writing by Warner and Customer. Customer also agrees that payment is due upon completion of the work. If Customer contends that any invoice is incorrect, Customer must so notify Warner within seven (7) days after receipt of the invoice. If Customer does not so notify Warner: (1) Customer forever waives the right to dispute the accuracy of the invoice; and (2) Warner’s rights in and to payment shall be absolute and unconditional and shall not be subject to any abatement, reduction, set-off, defense, counterclaim or recoupment for any reason, including without limitation any past, present, or future claims that Customer may have against Warner. Customer understands that any past due amounts are subject to a 2% per month service charge. Furthermore, failure to pay Warner in full for any work performed by Warner shall allow Warner to immediately cease work on this or any other projects for Customer. Customer acknowledges and agrees that if Customer’s account becomes assigned to a collection agency, Customer shall pay all collection agency fees, court costs, and attorney’s fees incurred by Warner.
2. Title to Equipment
Title to all equipment and materials provided by Warner under this Agreement shall not pass to Customer until payment in full has been received by Warner. Warner shall have a security interest in the equipment, parts, and materials installed for Customer until payment in full is received by Warner. Customer acknowledges Warner’s security interest by executing this Agreement. Warner’s secured interest shall apply for all purposes, including but not limited to any bankruptcy or against any person claiming an interest in and to the goods or equipment. It is hereby agreed that a posted notice, a form UCC-1, or other public filing may be made as evidence of a security interest in the equipment and/or retention of title to the equipment by Warner until paid in full. By executing this Agreement, Customer consents to and acknowledges that Warner has a security interest in any equipment provided and/or installed by Warner. Customer consents to and acknowledges that Warner may exercise, in addition to the rights and remedies contained herein, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law. In the event of non-payment, Customer also grants Warner an unhindered right of entry onto the premises at which the work is performed to remove all materials or supplied delivered or installed by Warner.
3. Performance
All work performed by Warner is new and conforms with all applicable codes and industry standards generally applicable in the area under similar circumstances as of the time Warner performs the work and/or manufacturer’s recommendations.
4. Substitutions
Should Warner be unable to obtain any material(s) specified in the Agreement or any Change Order, Warner shall have the right in its sole discretion to substitute comparable materials, and such substitution shall not affect the contract price.
5. Access to the Property
Customer grants to Warner a right of unhindered entry to the property where the work is to be performed to deliver or collect materials, tools, and equipment, and or to perform Warner’s work. This right shall not be terminated by a single use but shall authorize multiple entries as required with no liability as to damage caused by access to the work.
6. Excess Materials
Extra materials left over upon completion of the work contemplated by this Agreement shall be deemed Warner’s property, and Warner may enter the premises to remove excess materials at all reasonable hours.
7. Schedule
In the absence of a written schedule, Warner’s work shall be performed within a reasonable period of time. The agreed upon price for the work assumes that the work will be performed on weekdays, non-holidays, and during normal business hours (8AM to 4PM). Warner shall not be required to adhere to a schedule that Warner did not have input in developing.
8. Warranty
Parts and equipment are guaranteed for one (1) year from the date of installation, and a labor warranty is not included. Certain equipment installed may carry a manufacturer’s warranty, which, if longer than one (1) year stipulated above, is for parts only.
9. Exclusions
Warner provides no warranty on drain or sanitary line cleaning. Warner shall not be responsible for subsequent clogs after confirmation by a Warner technician that the clog identified at the service appointment was cleared. Warner shall not be responsible for repairs or replacement of parts made necessary because of negligent acts or omission of the Customer or otherwise, nor any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of the work of Warner. The work performed by Warner is often in conjunction with or close to materials that might cause damage to property or persons. To induce Warner to perform his work, Customer waives claims against Warner for any personal or property damage caused by or related to asbestos, mold, or PCB’s. Customer acknowledges that to the extent Warner has provided any type of design services or representations in conjunction with its work, those design services or representations were based upon Warner’s best judgment only. Warner’s work has been provided without any warranty whatsoever relating to any design services or representations, including but not limited to any representations concerning tax credits that may be applicable under the American Recovery & Reinvestment Act of 2009 or any other current or future legislation.
10. Change Order
Warner shall perform the scope of work set forth above or as otherwise agreed to in writing for the agreed upon price. All bids and/or proposals presume the existence of suitable conditions for the placement of all equipment, goods, and work required to be installed by Warner and the existence of conditions as per plans. It is also presumed that access shall be granted by Customer in a method suitable to allow Warner unhindered access to the work area for delivery of all materials and the performance of work. Any work not specifically indicated or mentioned in this Agreement, work ticket or invoice that must be added, repaired, or replaced because of hidden, concealed, or changed conditions, or that is required for compliance with building codes or other regulations, shall result in a change order, and shall be paid for in full by the Customer. If Warner’s work is delayed because Warner is unable to obtain equipment or materials from the manufacturer (delays due to long-term lead items), Warner is entitled to additional compensation in the form of a Change Order for Warner’s down time on a time and materials basis.
11. Termination
Warner shall have the right to terminate this Agreement for cause; cause shall include but is not limited to non-payment or any other material breach of these Terms and Conditions. In the event of termination of this Agreement for cause, Warner shall be entitled to the value of all services provided to Customer. Warner shall also be entitled to recover its reasonable attorney’s fees and costs incurred because of Customer’s breach of the Agreement.
12. Liability
Warner’s liability in contract, or otherwise, for damage or loss of other property, equipment, profits, revenue, cost of capital, or any other type of loss related to the service or equipment installed by Warner shall not exceed the price of the equipment, part, or cost of service on which such liability is based. In no event shall Warner be liable to Customer or any third party for any loss of use, revenue or profit, or for any consequential, indirect, incidental, exemplary, special or punitive damages, whether arising out of breach of contract, tort, or otherwise. Further, in no event shall Warner be responsible for any damages relating to delay, regardless of the cause of the delay.
13. Restriction of the Period for Legal Action by Customer
Any legal action by Customer relating to this Agreement or the work performed by Warner must be commenced within one (1) year from the last date the work was performed, or the right to file a legal action shall be forever waived.
14. Force Majeure
Warner shall not be liable to Customer, nor be deemed to have breached this Agreement, for any failure or delay in fulfilling or performing Warner’s work when such breach or delay is caused by or results from acts or circumstances beyond the reasonable control of Warner, including but not limited to acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or power outage, provided that, if the event in question continues for a period in excess of thirty (30) days, Customer shall be entitled to give notice to Warner to terminate this Agreement.
15. Maintenance
To the extent that the scope of work includes maintenance/service of
equipment, the terms of this Paragraph 15 shall apply.
a.) Maintenance agreements are non-refundable and non-transferable. Customer may not transfer a maintenance agreement to any third party, including to a subsequent purchaser of the property where the equipment is located.
b.) Maintenance agreements do not carry over beyond the applicable term of the maintenance agreement. For example, if a maintenance agreement calls for one service call within one calendar year and the customer does not schedule a service call within that calendar year, the service call does not carry over beyond that calendar year. If maintenance does not take place within the term of the maintenance agreement, Warner shall not be obligated to provide maintenance after the expiration of the term of the maintenance agreement.
c.) It is Customer’s responsibility to schedule maintenance calls provided for in a maintenance agreement. Warner will send one e-mail or text message to Customer to remind Customer that it is time to schedule maintenance, but it is Customer’s obligation (not Warner’s obligation) to schedule maintenance calls.
d.) A promise on the part of Warner to maintain or provide maintenance to a piece of equipment does not constitute a promise or guarantee that the equipment will not break.
e.) A promise on the part of Warner to provide maintenance does not include a promise by Warner to provide repairs, either parts or labor. Repair costs are in addition to maintenance costs.
16. Governing Law
To the extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the State of Maryland.
Customer acknowledges and agrees that all work performed by Warner Service has been completed in a satisfactory and workmanlike manner. Customer has been given the opportunity to address concerns and/or discrepancies in the work provided, and either Customer has no such concerns or has found no discrepancies, or any concerns and/or discrepancies have been addressed to Customer’s satisfaction. Customer fully and finally accepts all work performed by Warner.
Customer has reviewed this service ticket and agrees with all the information contained on all
sheets of this ticket.
ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED AND WAIVED BY CUSTOMER. THE WARRANTY AND LIABILITY SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE.
Customer Reviews
Helpful team who takes the time to not only get the job done—and done well—but also tries to save you money in the process. They are always happy to answer questions, patient, and understanding. Great overall customer service.
Warner installed a new AC system for us, and we couldn’t be more pleased. Romy and Jose arrived on time and proved to be highly knowledgeable, extremely professional, and very personable. The installation was efficient—we had very cold air in just hours, despite the major effort required to remove the old system. I also appreciated their cleanliness—you couldn’t even tell they had been here when they left! I couldn’t recommend them more highly.
Amazing service! Mr. Thomson is an exemplary and highly skilled plumber—very kind as well. He fixed our issue the same service day via a late-night emergency call. We are grateful for him and Warner Service! Warner is the best! Highly recommend!
Honestly—this business and its professionals deserve 10 stars. Labor Day weekend, while trying to turn off the valve behind the toilet, the pipe broke away from the wall. Water was pouring out, but Warner came to the rescue. We called at 7 p.m., and Matt was here by 10:30. By 11:30, the work was done, including installing a new lever for the main shutoff valve. They were professional, kind, prompt, caring, knowledgeable, and helpful. The peace of mind they gave me was priceless. I would highly recommend them to anyone.
We love Warner Service. We needed an emergency call today, and they came almost immediately. The problem was diagnosed and the repairs made by 9:30 a.m.
I had an emergency water pipe leak in my basement this Sunday afternoon, and Warner Service was able to send an amazing technician who arrived within less than 2 hours. The technician, D’Andre, was extremely nice and did an amazing job replacing a pipe that was very difficult to reach! After the work was completed, he even took the time to explain to my wife and me what happened and pointed out a couple of areas to keep an eye on. I am so happy with both the fast response on a Sunday and the excellent work done to restore my water! I highly recommend both Warner Service and D’Andre!
Warner installed a new steam boiler and couldn't have made the process any easier. After reaching out to several other companies, it was clear that servicing a steam boiler is truly a dying art. I posted pictures on a forum of steam experts, and they said, ‘The individual that installed your existing boiler followed the instructions properly. That is rare to find someone that knows how to get it right the first time. Lo and behold, Warner had installed it 23 years ago! Everyone was extremely professional (thank you for scheduling in the middle of a heat wave). Gary came out to evaluate and provided different options for repair vs replacement. Matt Weddle was knowledgeable in providing the quote, and Matt Main and his team made the installation appear seamless. I would absolutely recommend Warner for anyone with a steam boiler and will continue to use them in the future!
Germaine was friendly and courteous and did an excellent job of explaining everything he was doing when he came to do the fall maintenance on our furnace.
Repair to the condenser coil was done professionally by competent and courteous technicians. We priced other HVAC service providers, and Warner Services was the best value. We’re happy with the repair and will definitely use Warner again.
I was very impressed with Warner Service! Very professional! Lacey helped set up the service. Journeyman Gary Weaver kept me informed about his arrival, worked efficiently, and clearly explained the problem with the boiler. He was also friendly and courteous. I highly recommend Warner Service!
Heard a hissing noise under the stairs and found that the main pipe to our water filter system had sprung a leak. We called Warner, and they were at our door within 30 minutes. They provided multiple solutions, and since our well water tank looked old, we went with a full replacement. Everything was completed in just a few hours and looks awesome. We’ll definitely call Warner again for services.
Chase was AWESOME! I was stressed about leaking water and having no hot water for over 24 hours in the winter. He did the job perfectly and made me feel reassured. I really admired his confidence and expertise. Thank you to Warner for getting us in so quickly during a busy season.
Called Warner this morning for a water heater replacement after being delayed by multiple companies for days. Warner quickly responded and promptly came to help. The lady who took our call was sympathetic and helpful, and Matt and Wade were fantastic—knowledgeable about the equipment and installation. I would recommend them for any plumbing needs.
Again, your company and workers are awesome and so easy to work with. Andrew was professional, detailed, and took the time to explain everything he was going to do to replace my HVAC system. He answered all my questions and showed up on time both days. I really appreciate the quality of work from all the Warner workers who have serviced my home. Because of them, I’m glad I chose Warner!
We used Warner Services to get our oil-burning boiler serviced after trying to find local companies who either couldn’t or wouldn’t do it. Gary Weaver was our technician, and his experience showed—he knew exactly what he was doing, worked efficiently, and explained everything he found. He also gave us repair options but never pressured us. The price was very reasonable, better than others I checked. If you need boiler service, I highly recommend Gary and Warner Service overall.
As before, D’Andre was on time, polite, and explained everything. I’m so happy to have all of my plumbing issues (which came with this house when I purchased it 7 months ago) fixed. He not only cleaned up the mess, he also moved the furniture back to where it was supposed to go. 5 stars for D’Andre & 5 stars for Warner for employing him!!!
Had a waste line backup into my basement, and Warner was the only company able to come the same day. Special thanks to Steven, who performed a thorough evaluation, explained the issue, and offered solutions. They’ll definitely be our first call next time.
Excellent customer service by the team led by Matt. He explained the price options to me clearly, showed me what he was looking for, and how to evaluate our clogged septic drain. They worked diligently to fix the problem and eliminate it. Nicely done. I would recommend.
D’Andre and Tyler were amazing! They repaired our tankless water heater with care, being thorough and patient every step of the way. They took time to explain everything and made sure the job was done right. They were also incredibly kind to our kids, which made the whole experience even better. Highly recommend—great work and even better people!
We had our AC break in the middle of a hot week. Warner was able to get out the same day and took care of our issues. Germaine, our service tech, was great to work with and kept me informed every step of the way. Would absolutely work with Warner again—highly recommend!
DeAndre and his partner did a great job servicing our water softener and checking all of our drains. They cleaned up after and even put shoe covers on before coming in. They also arrived precisely on time. We’re very happy with Warner Service!
“I want to thank Warner Service for the work they did to replace my central air system yesterday on one of the hottest days of the year. The two-man team worked outside and in my attic to install a new system. They were professional, polite, personable, and very respectful while working in tough conditions. I highly recommend Warner to keep you cool and comfortable. Way to go Warner—and thanks!”
“Really impressed with Warner Service. The technician was super polite and professional. Our AC went out on one of the hottest days this year (go figure). He showed me the bad capacitor with the multimeter so I could see the issue myself, which I appreciated. The whole process was straightforward, and the repair was done quickly. Great experience overall—I’d definitely call them again.”
A heat pump to beat all heat pumps. When shopping for an HVAC contractor it is imperative that a homeowner educate themselves in advance. Learn about the different types of equipment, the benefits of each, costs, efficiency, lifespan, warranties, and maybe most importantly is your distribution of conditioned air in your living space. Of course by that I am referring to ductwork and how air moves throughout your space. Great airflow is the beginning of comfort, finding someone who understands that is paramount. Earlier this week, not a moment too soon given the extreme heat we are facing in the Susquehanna Valley, we had a Daikin Fit 2 ton heat pump installed at our home. This system is a fully variable speed modulating/communicating system. This system replaces a nearly 30 year old oil forced air furnace and dinosaur of a central AC. No more $1500.00 oil bills at the beginning of the heating season, no more smells of exhaust and carbon monoxide alarms going off on windy days, no more uncertainty of annual costs…just clean, reliable, quiet, energy efficient heating and cooling. Words/phrases like wow, I never thought, I’ve never been so comfortable, and I can’t hear it come to mind when speaking about this new system. To say we are impressed or pleased is a gross under-representation of how happy we are. The humidity in the home is finally under control. The temperature is even in every room. No more noisy floor fans, obnoxious window units, and wildly different temperatures room to room. No more humidifiers sitting around the house in the winter to clean and listen to. This new system does it all, literally everything. A simple command to Alexa, a quick swipe on your smart phone, or a touch of the Daikin One+ thermostat and our adjustments have been made from anywhere in the world where there is an internet connection. A gentle blue glow on the wall indicates the system is actively cooling the home while an orange glow signifies heating is in progress. Jeff, Levi, and the distinguished installers and designers at Warner made it possible. After having other companies quote as any responsible homeowner would do, it was clear within minutes that these were the folks for the job. They were early to their appointment, had clean vehicles, professional, and spelled out exactly what to expect from start to finish. They even got our system installed ahead of schedule. Day one was crazy awesome. The old junk was removed and hauled away and existing duct modifications began. Day two wrapped up the new design changes, the overwhelming remainder of the install, wiring, and other checks. Day three only lasted four hours and consisted of commissioning and startup of the new system. We literally went from old, inefficient, and outdated to modern, sleek, and amazing in about 20-24 hours of total work. Looking back, our biggest regret is waiting so long. For years we dealt with what we had because we didn’t realize we could do this and actually afford it. Call Warner for your home comfort needs, ask about the Daikin Fit for your home, and begin your journey to being part of the Warner family and comfort exceeding your expectations. We even capture our condensate water to water our plants with! A win for us and the environment we cherish.
The two reasons I work with Warner Service are: I have never had to have a call back and, more importantly, the talent of the people. Your people are in the top 1% of the many companies I have worked with in both private and commercial repairs and construction.
It's been a great experience, and a vast improvement over our previous service vendor. Your staff has been so professional, and really know their stuff!
As usual the guys who came out were professional and explained what they were doing. Very happy with the service I get from Warner.
My water heater needed to be replaced, and I was pleasantly surprised to hear that they could do the work the very next day after I called. That's a plus for any plumber in my book!
Your technician was an expert. Same polite, professional care I get from Warner Service year after year for my Trane system.
The salesman worked with my husband and myself to provide the most competitive price and service compared to several other Trane comfort specialists in the Frederick area...My husband was very impressed with the technician...He was very knowledgeable, friendly and made sure that the installation meet our expectations.
Technician was professional and efficient. Very pleasant too!
Technician was professional, knowledgeable, and polite. I am impressed! (Dawn Hawes). Installation of our boiler and the consequent years of service on that boiler have been wonderful. Your folks are always pleasant.
Service technician was very knowledgeable about the problem and showed me exactly where the problem was located; they were honest and forthright about the next steps required to fix an expensive problem.
They fixed mistakes that other plumbers made and were very knowledgeable and reassuring.
Thanks for excellent service on my AC/Heat Unit and for taking time to explain the need for a new capacitor. You also had to deal with the sudden Myersville power outage at my development...Warner Service is lucky to have you as a staff member.
Both the technician and his assistant were outstanding....They were both very customer friendly and courteous...System checks during and after the job were very thorough...Bottom line: couldn't have asked for a more thorough, competent and customer friendly installation team...Another shining example of why we always use Warner for our HVAC needs.
Thank you so much for your help and patience with our AC issue. I really appreciate your kindness and professionalism. I also want to give a huge shout out to the technician who came today...Not only did he analyze and take care of the issue promptly, he was personable and professional, as well.
Very polite and detailed in their checks and explanations. Very positive experience and great customer skills.
