Integrity Mechanical HVAC, LLC aka (IM HVAC)
TERMS AND CONDITIONS:
1) TERMS OF SERVICE PERFORMED:
a) Due to the nature of HVAC services, the Customer agrees and understands that possible DAMAGES MAY STILL OCCUR AFTER SERVICES/REPAIRS ARE COMPLETD and that the services performed today are not a guarantee that other problems don’t exist and/or may occur in the future. Often when equipment fails, a full diagnosis is not possible until a repair is made. Once a repair is made, in some cases further diagnosis’ need to be performed to determine if there is a “Root Cause” or “Underlying Cause” of the initially needed repair. No refunds will be given on initial repairs, even if the initial repair/s do not completely cure/solve all of the system symptoms or problems. Additional fees will be applied to subsequent repairs once Customer authorization is received.
b) The Customer agrees that IM HVAC is not liable for incidental or consequential damages resulting from performance of services including, but not limited to: damage to ladders, landscape, roof, driveways, ceilings, carpets, flooring, rugs, walls, doors, fixtures, and/or furnishings. The Customer agrees to indemnify IM HVAC from third party claims and agrees to take any necessary precautions to protect the Customer’s property from any damage caused by IM HVAC. (Examples include turning off the water main or shutting off the main power).
c) The Customer agrees that IM HVAC is not liable for any issues related to distributors, warranty companies, manufacturers, or sub-contractors. This includes fees for shipping, lodging, portable A/C or heating systems, and/or temporary repairs.
2) EXISTING CONDITIONS
a) The Customer agrees and understands that unless specifically stated on IM HVAC’s invoice, for equipment replacement, we use the Customer’s existing electrical wiring, breakers, roof jacks, exhaust pipes, ductwork, filters, supply and/or return grills, line-sets, gas lines and other HVAC related components. Additional work such as trim, paint, drywall, or other construction repair will be provided at an additional expense to the Customer.
b) Some manufacturers require refrigerant line-sets to be larger than what currently exists at a Customer property. Even when contrary to the manufacturer’s recommendation, the Customer understands and agrees to leave the existing line-sets “as-is” due to the difficulty, increased risk of damage to the home, and/or cost of replacing them. The Customer further understands that there is a possibility that the original line-sets will develop a refrigerant leak, which would not be covered under the new equipment labor or parts warranties. In the event the line-set needs repair or replacement, an additional expense will apply to the Customer.
c) IM HVAC provides no guarantees on existing ductwork, and will use all existing supply and return ducts, registers, and grills when replacing equipment, unless otherwise stated on the invoice. Occasionally, the need for larger ducts, grills and registers isn’t discovered until after the installation of the new system. In the event that existing parts prove to be insufficient, the Customer understands there will be an additional expense for any of the new modifications.
3) REFRIGERANT LEAK POLICIES
a) The Customer understands that if an A/C unit is low on refrigerant, there is a leak in the system. In the event of a leak, there are 2 choices: perform a leak detection method (several options depending on the unit and location) and repair the leak, or refill without repair if slightly low. EPA guidelines will be strictly followed.
b) Leak searches may not find a leak due to it’s size or location, but leak search fees still apply. Sometimes when a leak is detected, repairing the leak may still be unwise as the chance of a subsequent leak occurring is high. Leak repairs may not hold therefore leak repairs have no warranty and should be considered a high risk expense. If refrigerant is added and leaks out, return visits are still assessed an additional fee for finding, repairing, and refilling the system.
c) Refrigerant repairs and/or refills are considered temporary and a wasteful expense on older systems, systems with extensive galvanic or formicary corrosion, and systems still using R-22 (which is no longer manufactured).
4) REJECTED REPLACEMENT OPTIONS AND REPAIRS
a) If IM HVAC recommends to replace a system, the Customer may choose to have a less expensive short-term repair done instead. When the Customer makes this decision, there is always a good possibility that the repairs will be short-lived or fail to achieve the desired performance and prove to be wasteful of Customer’s money.
b) Completion of a repair does not guarantee the system is working perfectly and other problems may exist that haven’t presented themselves yet. Occasionally, repairs to older systems cause a higher strain on the system, which sometimes causes other parts to fail.
5) DEPOSITS FOR SERVICES AND INSTALLATIONS
a) IM HVAC requires a 50% DEPOSIT on all repairs and installations. Deposits are non-refundable. Deposits are considered partial payment towards authorized contracted work. SIGNING THE INVOICE GIVES IM HVAC PERMISSION TO START THE WORK BEHIND THE SCENE, such as: ordering, shipping, delivery of equipment and parts, employee scheduling, metal fabrication, ordering of crane, ordering permits, and other necessary third party services.
b) Regardless if payment was made in full, a deposit was given, or no payment was initially made, ONCE PERMISSION IS GIVEN TO ORDER PARTS OR EQUIPMENT, CUSTOMER IS LIABLE FOR 10% OF THE TOTAL INVOICE SIGNED AND AGREED UPON, regardless of any oral representation or promise by an IM HVAC representative or agent.
c) All work is Cash on Deliver (COD) after services rendered.
d) Nonpayment of service is considered theft and could lead to civil and criminal charges against the Customer.
e) The Customer agrees to pay $30.00 for returned, NSF or cancelled check.
6) LIMITED WARRANTY & ADDITIONAL TERMS
a) The Customer understands that all materials, equipment and parts are warranted by the manufacturer’s written warranty only. All labor performed by IM HVAC is warranted for 30 days or as otherwise indicated in writing on the invoice.
b) The Customer agrees there is no warranty on drain line leaks, refrigerant leaks, refrigerant services, refrigerant leak checks, drain/condensate cleaning services, water leaks, gas leaks, air flow repairs or services, “unit freezing up” services or repairs, air flow problems, filter racks, furnace doors, fan limit or CFM settings, pilot lighting, vibration noise, fuse replacements, zone control services, comfort issues, roof penetrations, older roof curbs or plenum seals, roof staining, cracked roof tiles, damper services, humidifiers, tripped breakers, air cleaners, troubleshooting, and/or inspections.
c) The Customer agrees there are no refunds, even if another person or company disagrees with our diagnosis, labor services, repairs, or recommendations.
d) The Customer understands we are at the mercy of our manufacturer’s supply houses, which sometime deliver the wrong part or not have parts in stock. IM HVAC shall not be held liable for these mistakes or delays.
e) IM HVAC labor warranties are null and void if the Customer has outstanding invoices with IM HVAC or has another company servicing the equipment without our consent. If another company services and/or maintains a system installed by IM HVAC within the first year of IM HVAC installing said unit, all liability is now transferred to the other company that worked on the system.
f) IM HVAC warranties shall be performed by IM HVAC’s personnel only. Other company repairs or diagnostics will never be reimbursed by IM HVAC.
g) In the event the Customer solicits technician or technicians solicits the Customer for “side work”, IM HVAC will not be liable for unauthorized work and all IM HVAC warranties are programs will become void without refund. Side work is considered theft and IM HVAC shall prosecute to the full extent of the law.
h) For warranty repair claims at the Customer’s request, we will send out a designated service technician to determine the nature of the system’s current operating condition. If our service technician determines the service problem is a warranted issue, all service charges will be put towards the items not covered under the warranty terms and conditions. If it is determined the service problem is NOT a warranty issue, a service charge fee will apply at IM HVAC’s current service rate. Any additional non-warranty labor, repairs or services will be performed for the Customer at an additional charge. The Customer will be charged a minimum labor diagnostic fee of $99.00, plus the IM HVAC’s current service trip rate of $55.00. Warranties provide coverage only to equipment listed on the invoice and are non-transferable. Warranty work is performed: M-F 8AM-5PM, excluding holidays.
i) Speed of repair is based partially on availability, location, seasonal demand, technician’s experience, and staff availability. IM HVAC is not liable for damages from delays in repair and IM HVAC never guarantees repair time.
j) IM HVAC warranties are void once another person or company works on the system during the warranty period.
k) The Customer agrees we may contact them by telephone, text, or email, even if the Customer’s number is on a do not call registry. If the Customer wishes to be on the DNC list, the Customer may request so in writing.
l) IT IS THE CUSTOMER’S RESPONSIBILITY TO REGISTER THEIR PRODUCT’S MANUFACTURER WARRANTY. IM HVAC IS NOT RESPONSIBLE FOR PRODUCT WARRANTIES NOT REGISTERED.
7) DISCLAIMER OF WARRANTIES:
a) IM HVAC provides Limited Warranty for goods and services on this invoice. This warranty remains in effect for 30 days following the completion of the service and/or installation of goods. EXCEPT FOR OUR LIMITED 30 DAY LABOR WARRANTY, WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING OUR SERVICE. WE DO NOT PROMISE FLAWLESS SERVICES OR AUTHORIZE OTHERS TO MAKE WARRANTIES ON OUR BEHALF.
b) The Customer agrees neither the employees, IM HVAC owners, office staff, consultants, attorneys, officers, members, representatives, vendors, suppliers or licensors are responsible for any damages resulting from : (a) anything done or not done by someone else; (b) providing or failing to provide services, including, but not limited to, deficiencies or problems with attempted repairs; (c) any health-related claims related to our services; (d) mold or mold development; (e) structural stability of building; (f) roof leaks surrounding HVAC exhaust and plenum seals; (g) building electrical wiring; (h) things beyond our control, including acts of God, riot, strike, terrorism, plague or government orders or acts.
8) LIMITED LIABILITY
a) TO EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIM MADE IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO CUSTOMER REPAIR OR INSTALLATION SERVICE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIOAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATUER WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, OR COST OF REPLACEMETN PRODUCTS AND SERVICES.
9) DISPUTE RESOLUTION/MUTUAL NON-DISPARAGEMENT CAUSE:
a) Both parties agree to first contact the other with any disputes and provide a written description of the problem with all relevant information and proposed resolution. The Customer agrees to contact us with disputes by emailing at email@example.com, writing us at the address on this invoice.
b) The Arizona Registrar of Contractors stipulates as licensed contractor has the right to correct their own work. Should the Customer desire to lodge a complaint against IM HVAC, the Customer first agrees to allow IM HVAC the opportunity to rectify and/or satisfy the Customer’s complaint. If the Customer feels the need to have a third party assist with the complaint, the Customer agrees to utilize the services of the Arizona Registrar of Contractors. At no point should another company inspect or work on system without IM HVAC representative present.
c) ARIZONA CONTRACTORS MANDATORY STATEMENT PER A.R.S. 32-1158: CUSTOMER (PROPERTY OWNER) HAS A RIGHT TO FILE A WRITTEN COMPLAINT WITH THE ARIZONA REGISTRAR OF CONTRATORS FOR ALLEGED VIOLATION OF SECTION 32-1154, SUBSECTION A. COMPLAINTS MUST BE MADE WITHIN APPLICABLE TIME PERIOD AS SET FORTH IN SECTION 32-1155, SUBSECTION A. THE ROC CAN BE REACHED BY PHONE AT 877-692-9762, BY FAX AT 602-542-1599, OR WEB WWW.ROC.AZ.GOV. Integrity Mechanical HVAC, LLC - ROC # 323450.
d) In an effort to ensure fair and honest public feedback and prevent harmful libelous comments, CUSTOMER’S ACCEPTANCE SIGNATURE ON THE INVOICE PROHIBITS CUSTOMER FROM PUBLICALLY POSTING DEFAMAROTY COMMENTS INTENDED OR REASONABLY EXPECTED TO NEGATIVELY IMPACT IM HVAC’S REPUTATION OR EMPLOYEES. Disparaging remarks, comments or statements are those that impugn the character, honestly, integrity, morality, business expertise, or abilities in connection with any aspect of the operation of IM HVAC.
e) Our services involve many complex components which can, even when just installed, breakdown unexpectedly without fault. Both parties agree to a 30 day “Standstill Period” to allow both parties ample time to rectify grievances, during which neither party shall directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way to malign, harm, disparage, defame or damage the reputation of either party, it’s business, employees, or affiliates.
f) Should either part violate this clause, the violating party will be provided THREE (3) business days to retract the content in question. If the content remains, in whole or in part, a defamation lawsuit for libel and/or slander shall go in effect for damages, legal fees, and court costs to be determined.
10) NO CLASS ACTIONS
a) TO THE EXTEND ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
a) The Customer agrees to indemnify, defend and hold IM HVAC harmless from any claim arising out of the Customer actions, including, but not limited to, violating this Agreement, any applicable law or regulation, or the rights of any third party.
12) OTHER IMPORTANT TERMS
a) This Agreement is governed solely by the laws of the State of Arizona. If either the Customer or IM HVAC waive or fail to enforce a requirement under this Agreement in any instance, neither the Customer nor IM HVAC waives the right to later enforce that requirement. If any part of this Agreement of Invoice/Disclosure is held invalid or unenforceable, the rest of this Agreement and the rest of our invoice/disclosure remain in full force and effect. This Agreement isn’t for the benefit of any third party except our corporate partners, affiliates, subsidiaries, agents, consultants, attorneys, members, managers, employees and predecessors and successors in interest. The Customer cannot assign the Agreement or any Customer rights or duties under it. IM HVAC however, may assign this Agreement/Invoice/Disclosure. This Agreement/Invoice/ Disclosure makes up the entire agreement between the Customer and IM HVAC and replaces all prior written or spoken agreements. The Customer cannot rely on any contradictory documents or statements by our representatives. The rights, obligations and commitments in the Agreement shall continue beyond the termination of any services, and therefore considered continued beyond termination of any of our services.
13) PRICING FOR OUR SERVICES
a) The Customer recognizes IM HVAC as a top-notch professional provider of HVAC services, and understands IM HVAC comes with overhead and therefore does have prices in accordance with smaller to mid-sized HVAC service companies. IM HVAC charges professional rates for professional services. Our rates are set by understanding our cost of doing business. When our professional service technician knocks on a Customer’s door, many costs have been incurred just to get him/her there. Just by having our employees standing by (on call) costs money. A qualified service organization’s costs begin with the salary of the professional technician. This amount is the same whether technician is making repairs on premises, traveling to appointments, or participating in training programs. Our overhead costs that are factored into each price include: training, literature courses, vehicle expenses (lease, purchase, repair, maintenance, and operation of vehicles), advertising, internet, website, gas ladders, tools, warehouse, office rent, stock items, phots, electric bills, office and management fees, company insurance, office equipment, business expense, licenses, legal counsel, recruitment, employee benefits, payroll, office supplies, postage, theft, regulations, taxes, quality control and much more.
b) We accept cash, check, Visa, Mastercard, American Express and Discover cards, and also offer financing plans (OAC by a 3rd party company).
c) If the Customer fails to pay monies due, the Customer agrees we have the right to charge a late payment fee of 5% of the balance owed for every month the balance in unpaid (before or after any judgement).
d) The Customer agrees they are liable for and will, upon demand, pay all of our reasonable expenses and costs incurred in the collection of overdue monies including check dishonor fees, debt collectors’ fees, legal costs (on a solicitor/agent/client basis) and court costs.
e) We may, in addition to all other rights and remedies we have at law, suspend or terminate the supply of goods and/or services to the Customer and any of our obligations under this agreement, invoice or any other type of contract between the Customer and us. If any check, credit card payment or electronic funds transfer we receive in payment of any amount owed by the Customer it can be dishonored or reversed.
14) VIP SERVICE PLAN
a) Upon payment of the VIP SERVICE PLAN, a Preventative Maintenance Agreement (PMA), IM HVAC agrees to offer maintenance services and discounted rates for both the HVAC equipment listed on front of the invoice. This program entitles the recipient to the following benefits:
- VIP Front-Of-The-Line-Pass (Faster repair service in 24 hours)
- Service 365 Days a Year (Service on Weekends, Evenings, Holidays)
- Extended Warranties (30-day parts warranties extended to 1-Year)
- No Trip or Travel Charges (Save $99) per repair request, ONCE PER YEAR
- Free Annual A/C and Heating Check (28 point check-up retailed at $129.00)
- Free Coil Cleaning (Outdoor coils retailed at $159.00)
- 20% Off Refrigerant Fees (excludes R-22 and expired warranties)
- No Overtime/Evening Rates (Not time-and-a-half or double-time fees)
- 20% Off Lowest Diagnosis Fee (Flat rate regardless of time)
- 20% Off Replacement Parts (All parts prices listed in price book)
- 20% Off Labor Fees (VIPs always discount off the lowest labor rate)
- 10% Off New Equipment/Systems (HVAC)
- Fully Transferable to New Owner or existing customer can transfer to a property in the Phoenix, AZ valley.
15) VIP AGREEMENT TERMS
a) IM HVAC agrees to perform all work professional, provide written receipt of work completed, and to furnish only materials of good quality.
b) The Customer shall provide reasonable access to equipment and ductwork (attic) and allow IM HVAC to operate equipment as necessary to fulfill tasks.
c) All maintenance and non-emergency repairs or replacements will be performed during IM HVAC’s normal business hours. For safety and insurance purposes, technicians are not permitted to work in the dark or rain.
d) The Customer agrees to inform IM HVAC immediately of problems found in the operation of the equipment. Problems include changes to home comfort, noises, increased electric bills, higher humidity, odors, leaks, electrical or equipment failures.
e) IM HVAC may charge the Customer for service calls made at the Customer’s request where no defect is found (Phantom Calls), as per discretion by IM HVAC technicians. This includes inoperability of system caused by improper operation or understanding of sue by Customer, battery replacements, dirty filters, noises that don’t present themselves, or noises or water leaks from non-HVAC items.
f) The Customer agrees to pay for any additional gross amounts of any present or future sales, use, excise, value-added, or other similar tax, however designated, applicable to the price, sale, or delivery or any products, services or the work furnished hereunder or for their use by IN HVAC on behalf of the Customer whether such tax shall be local, state, or federal in nature. This will include, but not be limited to, the recovery, recycling, reclamation, handling and disposal of all parts and refrigerants. Additional costs incurred for refrigerant tax and/or increased costs due to shortages as well.
g) IM HVAC shall make their best effort to remind the Customer to schedule maintenance by phone and/or email. Regardless, it is the Customer’s responsibility to schedule appointments. If a PMA check-up is desired prior to summer, the Customer shall set an appointment as early as possible to avoid delay due to demand.
h) Upon acceptance of this Agreement, IM HVAC assumes all equipment covered is in maintainable condition. For repairs found necessary during inspections or service calls, a proposal/price is submitted for the Customer’s approval prior to the repairs being make. IF PROPOSAL IS DECLINED, THE NON-REPAIRED ITEM AND RELATED ITEMS MAY BE ELIMINATED FROM THE MAINTENACE AGREEMENT OR THE AGREEMENT MAY BE CANCELLED OR REVISED WITHOUT REFUND.
i) Repair or replacement of non-maintainable parts of the system such as, but not limited to, ductwork, grills, registers, padding, plenums, insulation, service valves, piping, shell and tube, cabinets, electrical wiring, condensate pumps, evaporative coolers, pads, air filters, structural supports and other non-moving parts, are not included in this Agreement.
j) If the equipment covered is altered, modified, changed or moved, this Agreement may be adjusted accordingly or terminated without refund.
k) In the event additional equipment is added to the Customer’s heating and/or air conditioning system, the same will be covered at an increase of the annual charge. The Customer may not delete equipment or accessories from the annual maintenance provided hereunder.
l) To the extent permitted by applicable law, in the event IM HVAC cannot reach the Customer after 3 reasonable attempts, or is not permitted to perform the service after 3 attempts to schedule such service, then the Customer agrees the company shall have fulfilled its obligations as to such service hereunder, and company shall retain all funds associated with service and be relieved of any further obligations to provide the services.
16) ITEMS NOT COVERED BY VIP AGREEMENT
a) Any condition that arises from abuse, theft, vandalism, fire, flood, acts of nature, acts of God, freezing, electric, gas or water outages, power surges, utility brownouts, rust, corrosion, or other abnormal conditions.
b) Any pre-existing conditions within the covered dwelling in violation of an applicable code exists or other abnormal conditions.
c) Regardless of items listed on the invoice, under no circumstance shall IM HVAC be held liable for the diagnosis, repair, removal, or remediation of mold, asbestos, mildew, rot, fungus, or any damages resulting from these items. IM HVAC does not perform services, nor pay any costs involving or related to hazardous or toxic materials.
17) VIP CANCELLATION POLICIES
a) This VIP SERVICE PLAN may be cancelled anytime WITHIN THE FIRST YEAR by contacting IM HVAC in writing at P.O. Box 541, Laveen, AZ 85339. Cancellation ends 30-days after written notice is received. If the policy holder chooses to cancel the program, the following calculation will be used to determine the refund: (Amount Paid for Program) – (Months used of Program times the Standard Monthly Program Fee: $207/12=$17.25/month). If the Policyholder received applied costs or discounts on repairs or maintenance at time of grogram purchase, discount on services shall be deducted from the prorated refund as well (Ex. Outdoor Coil Wash $159, the 20% that was discounted for being a PMA customer for the agreed time frame, etc…). Moving locations or the installation of new system shall not warrant a cancellation refund. There is a $35.00 administration fee as well, charged when cancelling the VIP Service Plan. IM HVAC has the same right to cancel plan (for any reason) at same pro-rated amount and terms above.
18) FIRST TIME VIP MEMBERSHIP BENEFITS
a) First time VIPs may apply initial service fees towards any plan up to but not exceeding 25% of program cost.
19) VIP RENEWAL POLICY
VIP annual renewals can be discounted 10% if renewed before expiration