The Maintenance Plan shall be subject to prior E&V inspection and approval of customer’s equipment to insure suitability for this Plan. Customer’s equipment must be in working condition to qualify. Benefits cannot be applied to nonoperational units. E&V reserves the right to disqualify equipment for coverage due to its condition, age, design, type, or parts availability. The Plan only covers those repairs and replacement of parts specified during the effective period of the plan. All parts, equipment, and/or labor not covered under this plan will be charged to the customer at prevailing rates. Any service performed by anyone not authorized by E&V will release E&V from all obligations under this contract rendering this agreement null & void. E&V shall not be liable for failure or delay to provide service under the Plan if such failure or delay is caused by conditions beyond its control such as fire, flood, lightening, freezing, hard water, acts of God, supply shortages, supplier’s inability to supply parts, governmental laws or regulations, or failure of Customer’s supply of electricity, heating fuel, or water. E&V will give a $100 credit towards replacing of covered equipment for each continuous year Maintenance Plan is in effect (Maximum $500). If the Plan is cancelled by either party, any credit towards replacement accrued during qualifying coverage period will remain on account and honored by E&V. The term of this agreement shall be for a period of one year from the effective date set forth and shall be automatically renewed for successive one-year periods thereafter unless otherwise canceled by either party. E&V reserves the right to cancel this agreement at any time. E&V ‘s liability under this Plan is limited to the services specified. E&V shall not be liable for any consequential or incidental damages in any way arising out of performance or nonperformance under this plan. E&V will mail to Customer a statement including the charge for the Plan, payment in then due by the 10th of the month. E&V is not liable for defects originating from Installation Design by others. If E&V encounters asbestos or polychlorinated biphenyl (PCB) on the site, E&V shall immediately stop working and report the condition to the owner or owner’s representative and will not resume work until the affected area until removed or rendered harmless.