Right To Cancel
You (Customer) have the right to cancel this contract within 72 hours, unless otherwise specified on this contract. Failure to cancel the contract within 72 hours will result in forfeiture of deposits. Customer responsible for any fees associated with labor or work completed regarding the above specified work. Customer responsible for any restocking fees associated with equipment that needs to be returned to a supply house due to cancellation. All equipment and materials that are not eligible for return to a supply house will be at the sole expense of the customer paid to Climate Experts Inc.
1.) Acceptance of Proposal and Work Performed: All specifications and conditions are satisfactory and hereby accepted. Climate Experts Inc. is authorized to proceed with work as specified. I agree to the costs listed above and understand that the total cost is required to be paid in full upon signing. I agree to all of the terms and conditions. Estimates and proposal prices are only valid for 30 days from the date it was sent to the customer. Signature made after work is completed indicates that the customer agrees that all of the above listed repairs, services, and installations have been completed to my satisfaction.
2.) Installation of New Equipment: Climate Experts Inc. is not responsible for sizing of air conditioning equipment. Climate Experts Inc. offers recommendations based on several factors and leaves the final decision and responsibility for sizing to the customer. Climate Experts Inc. is not responsible for undersized wiring or breakers unless the electrical work is specified in our scope of work. Climate Experts Inc. is responsible only for the installation and materials contained herein, and buyer shall release and hold Climate Experts Inc. harmless from any and all consequential damages of any kind or description resulting from malfunction or non operation of air conditioning equipment, water or fire damage, etc., the structure or furnishings contained herein or from incorrect power, wiring, fuses, existing code violations or drainage facilities including drain pan, drain line, float switch, condensate pump or secondary drain pans and any water damage caused by clogged drainage, water overflow or moisture accumulation. Buyer grants Seller a security interest in the goods and materials until full payment is received by the Seller. Further, Buyer agrees that said material shall remain chattel and personal property of Climate Experts Inc. until fully paid for. In the event of non-payment in accordance with invoice terms, Buyer agrees to pay any cost of collection including reasonable attorney fees and a service charge of 1.5% per month. If a copper line-set needs to be replaced, additional charges will apply. Climate Experts offers no warranty or guarantee any existing conditions or equipment such as the duct system, insulation, return stand integrity, electrical, copper line set and concrete pad. Climate Experts is not responsible for undersized ductwork, including flex, duct board or metal ducting, or grilles. Customer is solely responsible for having duct work inspected. Any issues arising from poor duct design, improper sizing, deterioration, or damage are the customers responsibility and will be charged at an additional expense if repairs/replacement of ductwork is needed. Climate Experts is not responsible for any issues related to high moisture or humidity levels in the air conditioned space. Climate Experts makes no guarantees that new HVAC Equipment will reach or maintain specific humidity levels in the home.
3.) New Installation of Gas Equipment: Climate Experts Inc. is not responsible for any gas leaks on existing gas lines or gas related equipment. Our sole responsibility is on the equipment we install to the shut off valve at the furnace. Climate Experts Inc. is responsible only for the installation and materials contained herein, and buyer shall release and hold Climate Experts Inc. harmless from any and all consequential damages of any kind or description resulting from malfunction or non operation of air conditioning equipment, water or fire damage, etc, the structure or furnishings contained herein or from incorrect power, wiring, fuses, existing code violations or drainage facilities including drain pan, drain line, float switch, condensate pump or secondary drain pans and any water damage caused by clogged drainage, water overflow or moisture accumulation. Buyer grants Seller a security interest in the goods and materials until full payment is received by the Seller. Further, Buyer agrees that said material shall remain chattel and personal property of Climate Experts Inc. until fully paid for. In the event of non-payment in accordance with invoice terms, Buyer agrees to pay any cost of collection including reasonable attorney fees and a service charge of 1.5% per month. If a copper line-set needs to be replaced, additional charges will apply. Climate Experts offers no warranty or guarantee any existing conditions or equipment such as the duct system, insulation, return stand integrity, electrical, copper line set and concrete pad. Climate Experts is not responsible for undersized ductwork, including flex, duct board or metal ducting, or grilles. Customer is solely responsible for having duct work inspected. Any issues arising from poor duct design, improper sizing, deterioration, or damage are the customers responsibility and will be charged at an additional expense if repairs/replacement of ductwork is needed. Climate Experts is not responsible for any issues related to high moisture or humidity levels in the air conditioned space. Climate Experts makes no guarantees that new HVAC Equipment will reach or maintain specific humidity levels in the home.
4.) Service and Repairs: Customer understands that Climate Experts Inc. is not responsible or liable for any problems arising from repair, tune-up, maintenance, service or diagnostic of HVAC equipment. No warranty is offered on repairs unless specified in terms. Buyer shall release and hold Climate Experts Inc harmless from any and all future malfunctions of HVAC equipment.
5.) Maintenance: Customer/Buyer is responsible for basic system maintenance, which includes cleaning of drain line and changing filters. Failure to clean the drain line can cause water to back up, damage, or system shut down. If the drain line clogs or backs up, Customer/Buyer is responsible for all service fees to fix the issue.
6.) Permits: Permit fees are only included if specified in the contract. If a permit is required, Customer/Buyer agrees to pay any fees associated with the permit. Customer/Buyer agrees to make property accessible for inspection and any fees associated with an inspector not having access to the property are the Customer/Buyer responsibility. This includes re-inspection fees or expired permit fees. Customer/Buyer is responsible for the cost of expired permits or closing out permits after expiration.
7.) Refunds and Returns: Returns or Refunds not accepted once work has been performed or authorized. If any refunds are issued, Customer/Buyer is responsible for all processing, restocking or credit card fees. Customer/Buyer agrees to pay a return check fee of $75 to Climate Experts Inc.
8.) Credit/Debit Card Policy: Services that are performed and are paid with a credit or debit card are not eligible for credit card challenge. Customer/Buyer agrees to not challenge credit card payments once the service is provided as per this agreement. Customer/Buyer agrees that this non-credit card challenge agreement is irrevocable. (AMEX Not accepted)
9.) Maintenance Value Plan (MVP) Package Agreement: Customer/Buyer agrees to pay all fees due and listed in the agreement. The MVP Package will begin on the date of purchase and end 1 year from the start date unless a different time is specified on the original agreement. Maintenance Value Plans included with new system installation start from date of installation. Free service calls must be scheduled Monday through Friday between the hours of 9AM to 5PM Eastern Standard Time. Service calls scheduled anytime other than the above specified hours will cost $79 each. Only 2 tune-ups are included with a yearly MVP package. If customer requests additional tune up than they must be purchased separately. If Customer/Buyer uses a free service call, Customer/Buyer is still responsible for cost of repairs and drain cleanings. A maximum of 2 Free service calls can be used with a yearly MVP package, any further service calls will cost $79 each. Refunds are only accepted within 30 days of purchase if no tune-ups or work was completed under maintenance value plan. The MVP Package covers one unit only. Multiple packages may be purchased to cover additional units. Filters are not included in the MVP package and must be purchased by the Customer/Buyer. A multiple system discount is only applicable if the systems are located at the same property and are qualifying equipment. Pricing is based on qualifying equipment only.
10.) No guarantees for cooling or heating temperature or system run time: Climate Experts does not warranty or guarantee that repaired or new air conditioning or heating equipment will reach specific set temperatures in the home. Climate Experts offers no guarantee for specific run time of equipment. Climate Experts offers no guarantee for specific sound levels of equipment while operating. Customer/Buyer solely responsible for ensuring the home is fully insulated with the proper insulation in all crawl spaces per all current building codes. Customer/Buyer responsible for minimizing all heat sources in the home. Customer/Buyer solely responsible for reducing load to the HVAC equipment. Climate Experts offers no guarantee for the HVAC system to provide specific temperatures blowing out supply registers while operating in cooling or heating modes. Customer/Buyer is solely responsible for protecting equipment and providing adequate space and conditions for HVAC equipment. Climate Experts is not responsible for air conditioning equipment that “sweats” or has water condensation on the unit. Customer/Buyer is solely responsible for having adequate insulation and keeping temperatures cooler to prevent “sweating”.
11.) Limited Manufacturer Parts Warranty: Climate Experts Inc. is not responsible for honoring any manufacturer part warranty on parts or equipment installed on repairs, maintenance or new system installation. All manufacturer Terms and conditions vary by manufacturer. Limited parts warranty, per your manufacturer’s guidelines, is offered to the original homeowner only. Some manufacturers may let you transfer limited parts coverage, please check with the manufacturer for guidelines. Customer/Buyer responsible for any transfer or alteration of manufacturer’s warranty. Customer/Buyer has researched the manufacturer warranty thoroughly and agrees to all terms and limits. Manufacturer parts warranty does not cover damaged or failed parts due to electrical surge, exterior damage, lack of maintenance, corrosion, rust, animal urination or any other physical damage caused by lack of maintenance or negligence. Thermostat, float switch, wiring, ductwork, copper line set, arma-flex, and all other miscellaneous parts have a limited parts warranty of 1 year from installation date.
12.) Limited Labor warranty by Climate Experts:
Limited Labor Warranty
Climate Experts Inc. is providing a limited labor warranty on the workmanship and labor on the installation of a new HVAC system with the following parameters: The labor warranty is only applicable for newly installed items by Climate Experts, labor warranty only transferable to new homeowners if transferred within 180 days of home purchase. New homeowners must purchase Maintenance Value Plan (MVP) for continued coverage.
Climate Experts offers no warranty on any existing equipment or materials including; existing copper line-set, ductwork, electrical, drain line, air handler stand, or existing air conditioning equipment.
Service calls or work performed under the labor warranty must be scheduled Monday through Friday between the hours of 9AM to 6PM Eastern Standard Time. Service calls scheduled anytime other than the above specified hours will cost an additional fee.
Terms of Coverage
The limited labor warranty period is listed in the signed agreement and starts from the date of installation.
Climate Experts offers a maximum labor warranty of 1 year with all installations or repairs if indicated in contract.
A labor warranty indicated on the contract for more than 1 year is considered an “Extended Labor Warranty” and offered by a third party or manufacturer. Climate Experts does not offer “in-house” “Extended Labor Warranty” plans whatsoever.
Extended Labor Warranty
Climate Experts offers a labor warranty at a maximum of 1 year from installation date on new system installation.
If customer agrees to an extended labor warranty of more than 1 year, terms apply. All extended labor warranties are offered by third party companies in no way affiliated with Climate Experts Inc. Third party companies include HVAC Manufacturers and third party labor warranty companies. Manufacturer and third party company limited labor warranty terms apply. Customer has reviewed third party “Extended Labor Warranty” terms in full and agrees to all terms. If customer does not follow all guidelines or agree to all terms, extended labor warranty is void and null. Refunds are not applicable for extended labor warranty cost.
Customer/Buyer must maintain an active Maintenance Value Plan (MVP) with Climate Experts throughout the entire warranty period or this labor warranty is void. Failure to purchase and maintain an active Maintenance Value Plan (MVP) will void Climate Experts Labor warranty. Customer/Buyer will be responsible for all costs associated with HVAC labor, including service calls, repair labor, installation labor and maintenance.
Climate Experts, Inc. will repair issues that arise as a result of faulty or poor workmanship or labor on your installed HVAC system, provided that Climate Experts Inc. is notified of the issue during the warranty period. Climate Experts Inc. reserves the right to inspect the issues in order to determine that the issue was caused by faulty or poor workmanship. Climate Experts Inc. reserves the right to charge a service fee if it is determined that the issue was not a result of poor or faulty workmanship or labor on the part of Climate Experts Inc.
For issues covered by this workmanship and labor limited warranty, Climate Experts, Inc. will provide, at no additional cost to the Customer/Buyer, labor necessary to repair the issue.
What is Not Covered:
Normal expected wear and tear associated with system being exposed to elements on a rooftop or outside in a ground mounted configuration, Damage due to corrosion, Improper maintenance, Excessive voltage or current conditions from the electrical grid, Exposure to unsuitable environmental conditions (including but not limited to lightning strikes, storm, fire, flood etc.), Unauthorized or abnormal use, repair, modification or operation, Negligence or accidents, Systems that have had work performed on them by contractors or individuals other than Climate Experts Inc.
This warranty also does not cover the costs associated with main system components that are covered by separate manufacturer’s warranties. Climate Experts Inc. will, however, aid in the pursuit of such warranty claims if desired by the Customer/Buyer.
Disclaimer and Limitation of Liability
EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, CLIMATE EXPERTS INC. EXPRESSLY EXCLUDES ALL WARRANTIES WITH RESPECT TO INDIVIDUAL HVAC SYSTEM PARTS THAT CARRY SEPARATE MANUFACTURER WARRANTIES, EXISTING ELECTRICAL WIRING, DISCONNECT BOXES, AND BREAKERS, EXISTING DUCTWORK, FLEX DUCT, METAL DUCTWORK, SUPPLY AND RETURN AIR PLENUMS, RETURN GRILLES, SUPPLY REGISTERS, EXISTING RETURN OR AIR HANDLER STANDS, EXISTING DRAINAGE DEVICES, DRAIN LINES, DRAIN PANS, CONDENSATE PUMPS, COPPER LINE-SETS, REFRIGERATION LINES, FLOAT SWITCHES, LOW VOLTAGE WIRING, INSULATION, THERMOSTATS, ETC.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIMATE EXPERTS INC.’S AGGREGATE MONETARY LIABILITY TO THE Customer/Buyer FOR ANY REASON AND FOR ANY AND ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID TO CLIMATE EXPERTS INC. FOR THE WORK PERFORMED ON THIS PROJECT. Climate Experts, INC. WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE ORIGINAL PRICE FOR INSTALLATION OF THE PROJECT AND CLIMATE EXPERTS INC.’S OBLIGATIONS UNDER THIS EXPRESS LIMITED WARRANTY ARE CONSIDERATION FOR CLIMATE EXPERTS INC’S LIABILITY.
Miscellaneous Provisions- This limited warranty will be governed and interpreted exclusively in accordance with the laws of the state of Florida, without reference to provisions concerning conflicts of laws. If any provision of this limited warranty is found by any court or arbitrator to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected thereby. This limited warranty constitutes the entire contract between the parties concerning the subject matter of this warranty and supersedes all marketing brochures and other expectations, understandings, communications, representations and agreements, whether verbal or written, between the parties.
13.) Drywall damage and repair: During the installation of new HVAC equipment, duct work, or register grilles may cause cracking, crumbling or holes in the existing drywall. Climate Experts is not responsible for any drywall damage or repair in these circumstances. The Customer/Buyer is responsible for any drywall repairs needed after installation. The Customer/Buyer holds Climate Experts Inc. harmless from any costs or repairs associated with drywall repair or replacement, due to damage caused during or after installation. Climate Experts Inc. is not responsible for insulation being moved in any crawl spaces while completing work. The customer is responsible for removing expensive items and furniture from “work areas” or covering them from exposure to dirt, dust, or debris from installation.
14.) Portable A/C Unit Rental & Installation– Climate Experts will install portable air conditioning units at the customer’s request inside of the home to help keep rooms cooler. Climate Experts will install portable A/C unit(s) in a room of customers requested on the existing floor. Climate Experts is not responsible for any damage to the floor from scratches, marks, water damage, dents or any damage whatsoever. Customer takes all responsibility for damages that may occur from having a portable a/c unit installed at the property and holds Climate Experts harmless from any damages. Climate Experts will install the exhaust hose and bracket of the portable A/C unit into the closest window or exterior door. Climate Experts is not responsible for any damage to the window or door from the installation. Climate Experts make no guarantees that the portable A/C unit will maintain specific temperatures in the home. The Customer must return the portable A/C unit in good working condition with no physical damage to the unit as it was originally installed. The portable A/C unit deposit is only refundable if the customer is having full system replacement and approved by Climate Experts. The maximum approved rental period is 5 business days. Failure to return the portable A/C unit within rental period time will cause the customer to pay for an additional 5 days of rental. If a customer does not return a portable A/C unit or it is damaged, the customer may be liable to pay $750 plus an applicable cost to replace the portable A/C unit. Customer agrees to all terms and takes full responsibility of the portable A/C unit while installed at customer property.
15.) Failure to make payment in full- If customer fails to pay Climate Experts the full amount due at completion of service, Climate Experts has the right to file a construction lien on the property. Attorney fees, filing fees, and collection fees may apply.