Interested in state-of-the-art technology to keep your home fully conditioned? For early access or inquiries, get in touch with us today!
The Terms and Conditions of product sales and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging Conditioned Air of Naples, LLC (“Company”) to provide product(s) or perform or produce any services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Company have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Company and are referred to herein as either “Terms and Conditions” or this “Agreement.” Customer accepts these Terms and Conditions by making a purchase from or placing an order with Company or engaging Company to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Company’s Site at the time Customer signs the Installation Proposal will govern, unless otherwise agreed in writing by Company and Customer.
Customer shall pay Company according to the terms contained in the Proposal. Final payment shall be due after the work described in the Proposal is substantially completed. All retail service work be paid on the day of completion. All equipment replacement / duct-work replacements or add ons will require a 50% downpayment, and 50% on the day of completion. The customer cannot withhold final payment until the installation passes inspection, as this is an independent action controlled by the county or city government. The Company has the right in all cases to file a legal Notice to Owner for any lien rights to the Customers property if payment is not made within the allotted time.
Customer agrees to timely furnish all information necessary to secure permits for the work called for under this Agreement, and Customer warrants the work contracted for to be in compliance with applicable zoning, classification and building codes. Any costs for work not in the Estimate but required by lawful authorities to bring the work into compliance with applicable code shall be the responsibility of the Customer. Company assumes no responsibility for violation of zoning rules/laws.
Customer is responsible for Homeowner Association, Condo Association, Property Owner Association, Historical Society approval or other similar approvals. All Approvals must be received, and a written copy of such shall be given by Customer to Company prior to material being ordered. Customer is responsible for Homeowner Association security deposit or bond if one is required.
During the progress of the work under this Agreement, if Customer should order extra work not specified in the Agreement, Company may require such extra work to be considered an agreement separate and aside from this Agreement and may require payment for said extra work in advance.
Should Company be unable to obtain any equipment or material(s) specified in the Agreement or any Change Order, Company shall have the right at its sole discretion to substitute comparable equipment or materials and such substitution shall not affect the Contract Price.
Company shall supervise and direct the work at Customer’s Property, using reasonable skill and attention. Company shall be solely responsible for the construction means, methods, technique, sequences, and procedures for all work performed at Customer’s Property pursuant to this Agreement. Customer shall not interfere with Company’s work forces or Company’s subcontractors.
Company shall provide Customer with a 1 year limited warranty on service and labor for the duration set forth in the Installation Agreement, beginning on the date of completion of services against defects in the quality of workmanship and/or materials (“Warranty Period”). Company shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures (cooling set below 70°F, for instance); (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, or expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. Customer is responsible for paying equipment manufacture or third-party warranty company for any transfer of equipment warranty. Company is not responsible for any warranties provided by the manufacturer. Company makes no warranty to Buyer regarding materials and/or equipment installed (other than a warranty of title), and Company authorizes no third person or party to assume any warranty obligation or liability on Company’s behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer that shall furnish to Buyer all applicable warranty documents. Company hereby assigns to Buyer, without recourse, any applicable warranties extended to Company. Such assignment shall constitute Company’s sole obligation and Buyer’s sole exclusive remedy from Company with regards to defective materials and/or equipment installed. This limited warranty is in lieu of all other warranties, statutory or otherwise, express, or implied, all representations made by Company, and all other obligations or liabilities respective of the Services provided at the Property. Company disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, implied warranty of habitability, implied warranty of fitness for a particular purpose or use, and/or implied warranty of merchantability. Under no circumstances shall Company be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs or attempted repairs shall void this warranty entirely.
All equipment is designed according to the Manual J. standard design temperatures for Florida Zone 1 (Cooling: 75°F indoor dry bulb temperature w/ 50% indoor relative humidity at 93°F outdoor dry bulb temperature. Heating: 70°F indoor dry bulb temperature w/ 50% indoor relative humidity at 47°F outdoor dry bulb temperature). Company is not responsible for cooling/heating beyond the Manual J. standard design temperatures, high humidity levels, system reaching dew point, ductwork sweating/producing condensate due to home infiltration rates or any other reason. R-values, structural tightness, ductwork conditions, home infiltration, leakage of duct-work, building materials and any other factor in the load calculation will be determined by the information the Customer provides to Company upon initial consultation, Company is not responsible for any problems incurred due to incorrect information provided by Customer at the time of consultation or while determining load calculation are being performed. In the case of an equipment replacement on an existing residential or commercial project, If Customer does not provide load calculations or authorize Company to conduct its own testing to determine load calculations, Company shall size the new HVAC system based on the size of the existing HVAC system. In such case, Company shall not be responsible for problems caused by over sizing (including without limitation short cycling, humidity control, and mold growth) or under sizing (including without limitation inability to heat or cool within the Manual J. standard design temperatures). The HVAC design must meet the Florida Building Code requirements. Therefore, any specifications must be provided to the Company, by the Customer or a party associated with the Customer. When designing a structure such as but not limited to, a residential home with any type of foam insulation or a completely sealed structure, Company & Home Services recommends the Customer have an engineer or building expert review the plans for how to control the humidity levels in the sealed attic space. Dehumidifiers, in most cases, are recommended but should be verified.
Company is not responsible for the performance, functionality, or compatibility of existing equipment, duct-work, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.
Company is not responsible for any problems with heating or cooling due to the existing line set, which may require repair and replacement for an additional cost to the Customer in the event Company is unable to pull a 500-micron vacuum on an existing line set. Should Customer reject Company’s recommendation to replace an existing line set, Company’s limited warranty is voided.
Company is not responsible for the condition of any existing condensate or copper pipping that is not readily accessible. Customer is responsible for any additional costs incurred if pressure testing is required to identify leaks and necessary repairs.
Company is not responsible for any painting, patchwork, or repair work that may be required following modification/installation work unless previously agreed upon in the signed proposal.
In the event Customer’s existing stairs cannot be safely utilized for the removal and installation of equipment, an alternate method or access may be required. Company is not responsible for (a) the replacement or repair of attic steps or stairs that must be removed to complete removal or installation work; and/or (b) any property damage resulting from the removal of the attic steps or stairs.
Company shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold. The discovery and/or removal of any mold or any hazardous materials is excluded from the scope of Company’s work, and Company reserves the right to stop work until such mold or hazardous materials are removed.
Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall inure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and Company waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto.
Customer shall indemnify, defend, and hold harmless Company and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney’s fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Company; and (b) any failure of the Customer to comply with the requirements of the Agreement.
Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property. Company shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to Customer’s Property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.
Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.
If Customer fails to perform any of Customer’s obligations herein or if Company, in good faith, believes that the prospect of payment or performance to be impaired, Company may upon seven (7) days written notice to Customer terminate this Agreement while retaining all mechanic’s lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys’ fees, and other charges due and unpaid.
If amounts owing under this Agreement are not paid within thirty (30) days, Customer agrees to pay a late charge on any outstanding balance at two per cent (2%) per month or twenty-four per cent (24%) per annum on the unpaid amount calculated from the date payment was due. Customer will be deemed to have accepted Company’s performance as complete under this Agreement unless Customer notified Company in writing otherwise within thirty (30) days of substantial completion. Should Company retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owing, Customer agrees to pay Company’s costs associated therewith including without limitation reasonable attorneys’ fees, court costs, and interest at the maximum legal rate.
This Agreement constitutes the entire agreement between Customer and Company. No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties.
