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TERMS & CONDITIONS
PRICE & PAYMENT: Customer agrees to pay all invoices rendered by Any Hour Heating & Air, LLC for worked performed on behalf of customer. Payment in full is due from customer upon completion of the work in ALL cases. Unless otherwise stated, Any Hour Heating & Air, LLC, shall have the right to demand payment CASH ON DELIVERY or payment for equipment, upon receipt of equipment or fabrication of materials by Any Hour Heating & Air, LLC for ANY project. Customer agrees to pay interest at a rate of 2% per month, and a penalty of 2% per month for any overdue payment and to pay Any Hour Heating & Air, LLC’s reasonable attorneys' fees for collection of unpaid balances. Furthermore, failure to pay in full for any work shall allow Any Hour Heating & Air, LLC to cease work on this or any other work for Customer or Owner and to post notice at all work sites without liability. In the event of non‐payment, Any Hour Heating & Air, LLC may, without prior notice, remove all workmen and stored material from the project work site. No credit or offset by customer shall be permitted when service or work is refused for non‐payment. All work furnished, lost profit, and costs of handling shall be due immediately upon invoice by Any Hour Heating & Air, LLC without liability to replace any equipment.
HOURS & AVAILABILITY: Any Hour Heating & Air, LLC will only be available for phone calls and service calls for Home Warranty customers during their specific Home Warranty Company Hours, as this is the only way to ensure immediate communication with the authorizations department for diagnosis and repair decision. Example: If a Home Warranty Company is only available for authorizations between 10 AM-5 PM, then Any Hour Heating & Air, LLC will only be available for appointment times between those hours for service calls.
PERSONAL LIABILITY: The individual(s) executing this Agreement, agrees to be PERSONALLY LIABLE for ALL monies due to Any Hour Heating & Air, LLC, despite the existence of ANY corporate entity or other potential limitation; and Customer agrees that any affiliate now or hereafter existing, shall be liable jointly and severally with Customer for amounts due under this Agreement, including any interest, penalties, or attorneys' fees assessed for non‐payment.
TITLE TO EQUIPMENT: Title to ALL equipment and materials provided by Any Hour Heating & Air, LLC under this Agreement, shall not pass to Customer until payment IN FULL has been unconditionally paid to and received by Any Hour Heating & Air, LLC. Any Hour Heating & Air, LLC shall have a security interest in the equipment, parts, and materials installed for customers until payment in full is received in full, is received by Any Hour Heating & Air, LLC and Customer acknowledges this security interest by signing the contract documents, including the reverse side of this Agreement. This secured interest shall apply for all purposes, including any bankruptcy or against any person claiming any interest in or to the goods or equipment. In the event of non‐ payment, Customer also grants Any Hour Heating & Air, LLC an unhindered right of entry onto the premises at which the work is being performed to remove all materials equipment or supplies placed by Any Hour Heating & Air, LLC.
ACCESS TO THE PROPERTY: Purchaser grants to Any Hour Heating & Air, LLC a right of unhindered entry into the property where the work is to be performed to deliver or collect materials, tools, or equipment and/or to perform its work. This right shall not be terminated by a single use but shall authorize multiple entries as when and where required, with no liability for damage.
TERMINATION: Any Hour Heating & Air, LLC shall have the right to terminate this Agreement for cause; cause shall include, but not be limited to, non‐payment or any other breach of these Terms and Conditions. In the event of termination of this Agreement, Any Hour Heating & Air, LLC shall be entitled to the value of all services provided or incurred, included but not limited to design, installation, handling charges, and administrative and collection costs and expenses. In the event that a breach is due to non‐payment by purchaser or other cause not entirely caused by the acts or omissions by Any Hour Heating & Air, LLC. Any Hour Heating & Air, LLC shall also be entitled to its lost profit for the project.
WARRANTIES: ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED AND WAIVED BY THE CUSTOMER. All materials, parts, and equipment are only warranted by the manufacturers or suppliers as provided for by manufacturers or suppliers in writing. Any Hour Heating & Air, LLC warrants the labor performed by Any Hour Heating & Air, LLC for 90 days or as otherwise indicated in writing. Any Hour Heating & Air, LLC makes no other warranties, express or implied, and its agents or technicians are not authorized to make any such warranties on behalf of Any Hour Heating & Air, LLC. No warranty for equipment, materials, or labor, whether written, implied, or otherwise, shall apply until Any Hour Heating & Air, LLC has been paid in full. All warranty periods begin at the time of substantial completion. All warranties will be considered null and void upon any inspection, service, repair or maintenance made by any contractor outside of Any Hour Heating & Air, LLC. Should a customer choose to have an outside entity, company, individual or otherwise who is not employed by or affiliated with Any Hour Heating & Air, LLC; perform any inspection, service, repair or maintenance on equipment installed by Any Hour Heating & Air, LLC. Under such circumstance, Any Hour Heating & Air, LLC will no longer provide a warranty on labor or parts beyond the original Manufacturer's warranty.
By signing invoice, Customer acknowledges that should they choose to utilize another Company or Entity to complete recommended repairs or replacements after Any Hour Heating & Air, LLC has completed any repairs, diagnostics, tune ups, certifications, cleanings, etc., ALL implied warrantees will immediately be terminated by Any Hour Heating & Air, LLC. Any Hour Heating & Air, LLC will not be held liable for any and ALL implied warrantees once Customer has hired an alternate contractor outside of Any Hour Heating & Air, LLC.
NO CONSEQUENTIAL DAMAGES OR DAMAGE FOR DELAYS: In no event shall Any Hour Heating & Air, LLC be responsible for any damages related to delay, including but not limited to delay due to unavailability of materials or labor for any circumstances beyond Any Hour Heating & Air, LLC’s direct control. A work stoppage is outside its control. Similarly, Any Hour Heating & Air, LLC shall not be liable for any consequential damages or loss suffered by Customer or any other persons as a result of its performance or failure to perform under this Agreement or otherwise.
MAINTENANCE AGREEMENTS & SCHEDULING: It is the responsibility of the Customer to contact Any Hour Heating & Air, LLC to schedule a date for Service. Customer has agreed to schedule appointment at the time of purchase or else authorize Any Hour Heating & Air, LLC to contact Customer at a later time to schedule the appointment. If any service is not scheduled at the time of purchase, or if the appointment is cancelled or otherwise prevented from occurring, Any Hour Heating & Air, LLC will make THREE reasonable attempts to schedule the appointment to complete the applicable Service. To the extent permitted by applicable law, in the event Any Hour Heating & Air, LLC cannot reach Customer after THREE reasonable attempts or is not permitted to perform the Service after THREE attempts to schedule such Service, then Customer agrees that Any Hour Heating & Air, LLC shall have fulfilled its obligations as to such Service hereunder, and Any Hour Heating & Air, LLC shall retain all funds associated with the purchase of such Service and be relieved of any further obligations to provide the Services detailed in their agreement or invoice.
By signing invoice, Customer has agreed to make themselves available for the entire duration of scheduled appointment window. (Ex: If appointment window is between 8‐11 AM, Customer will be available during the entire 8‐11 AM time frame.) Customers will have a maximum of 15 minutes from the time Service Tech arrives to the home during their scheduled appointment window, to answer door and allow Service Tech into their home. Customers who have appointments scheduled with Any Hour Heating & Air, LLC but have not made themselves (or their tenants) available for appointment date & time window agreed to will have their appointment canceled and appointment time will be given to next Customer in line to receive service.
SHIPMENT: All shipments shall be F.O.B shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate. Dynamic Heating & Air Conditioning Solutions does not guarantee a particular date of shipment or delivery. Buyer agrees to check material against shipping papers immediately upon unloading at destination. Claims for shortages and damage has passed to the Buyer as soon as the shipment of goods leaves the seller's warehouse or third parties’ warehouse. Any claims made are considered to have been waived by the Buyer once shipment has left shipping site. Buyer agrees to pay to get the goods delivered. Customer agrees that seller will not have any delivery expenses.
LIEN RIGHTS: Any Hour Heating & Air, LLC hereby notifies Customer/Bank Representative, that persons or companies furnishing labor, materials or equipment, for the repair/construction of HVAC system on Customer(s)/bank owned land, bares the right to place a mechanical lien on Customer(s)/bank owned land and/or buildings if Any Hour Heating & Air, LLC is not compensated for said repairs/installations.
SPECIALS & PROMOTIONS: Once payment has been made for a service we will not discount any price paid previously if a new sale is running. Sale price must be claimed during the time of sale and will not be valid following the end of said sale. Any Hour Heating & Air, LLC may offer sales at times that require online booking or booking through third parties such as Groupon. If services are not booked through required site, APP or other, regular full price will stand.
CANCELLATIONS & ADMINISTRATIVE FEES: Any Hour Heating & Air, LLC reserves the right to decline any and ALL cancellations and/or refunds once Customer has signed invoice, provided payment and agreed to have Any Hour Heating & Air, LLC perform the work outlined in the invoice. Parts and equipment vary from system to system. Due to the varying types, brands, sizes, etc. of equipment, customers are responsible for the entire cost of parts ordered in the event that Any Hour Heating & Air, LLC agrees to issue a cancellation. Under such a circumstance as a cancellation agreed to by Any Hour Heating & Air, LLC, the entire cost of parts will be deducted from the amount of the refund being issued to Customer, and parts will be drop shipped to Customer once they become available. Customer will also be responsible for any and ALL Shipping & Handling costs for said parts to be delivered to Customer. "Parts" includes but is not limited to Special Order Parts, Custom Made Parts, Sheetmetal Work, Back Ordered Parts, OEM Specific Parts, and any ALL materials required for the completion of work agreed to by Customer via signed invoice.
Once parts have been ordered by Any Hour Heating & Air, LLC for repairs or replacements, and Customer has signed invoice agreeing to have Any Hour Heating & Air, LLC complete installations and/or repairs, ALL requests for cancellations and refunds will be denied. Any and ALL cancellations will be subject to administrative fees for processing of ANY requested cancellation. A fee of $125.00 will be deducted from amount of refund for ANY processed cancellation.
Any Hour Heating & Air, LLC DOES NOT DISCRIMINATE on the basis of race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, height, weight, physical or mental ability, veteran status, military obligations or marital status. Any Hour Heating & Air, LLC reserves the right to refuse service to anyone we feel is discriminating, threatening, causing harm, harassing or abusing any of our staff at any time, as we aim to provide a safe and healthy work environment.
PAINT, PATCHWORK AND REPAIRS: Any Hour Heating & Air, LLC is NOT responsible for ANY Painting, patchwork, or repair work that may be required following modification/installation work. Customer has been notified and has agreed to, of such prior to ANY work being completed and to signing invoice. Any Hour Heating & Air, LLC is NOT responsible for ANY damage that may or has occurred to Customer's personal property left in or near/within the project area.
EXISTING ATTIC ACCESS/ATTIC STAIRS/NON-ACCESS: In the event Customer's existing stairs/access cannot be safely utilized for the removal/repair/installation of HVAC equipment, an alternate method or access may be required. Any Hour Heating & Air, LLC is not responsible for (A) the replacement, repair, or new access of attic stairs, attic access, attic steps or ANY access that MUST be removed, repaired or installed to complete removal, installation, or repair work, and/or (B) ANY property damage resulting from the removal of the attic stairs, attic steps, attic access, or installation of HVAC entrance.
INDEMNIFICATION: Customer shall indemnify, defend, and hold harmless Any Hour Heating & Air, LLC 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(s), 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 Any Hour Heating & Air, LLC; and (b) ANY failure of the Customer to comply with the requirements of this Agreement.
EXCESS MATERIAL(S): Extra material(s) left over upon completion shall be deemed Any Hour Heating & Air, LLC property, and Any Hour Heating & Air, LLC may enter the Property's premises to remove excess material(s) at ALL reasonable hours.
ALL SALES ARE FINAL.