Agreement Between Customer and Comfortmasters Heating & Air Inc.
Last Updated: October 26, 2023
These Terms and Conditions (“Terms”) govern the provision of heating, ventilation, and air conditioning (“HVAC”) services by Comfortmasters Heating & Air Inc. (“Company,” “we,” “us,” or “our”) to you (“Customer,” “you,” or “your”). By scheduling, authorizing, or accepting services from us—whether in person, over the phone, via our website (truecomfortpros.com), or by any other means—you agree to be bound by these Terms in full.
1. Scope of Services
We provide HVAC installation, repair, maintenance, and related services for residential and light commercial properties. All services are performed by or under the supervision of trained and certified technicians.
2. Estimates & Authorization
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Quotes: Any written or verbal quote is an estimate based on a preliminary diagnosis. Final pricing may vary if additional issues are discovered during service. We will seek your authorization before proceeding with any work that exceeds the original estimate by more than 10%.
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Verbal Authorization: Your verbal “yes” to proceed with a recommended service, given in person or over the phone, constitutes a binding agreement to pay for the completed service.
3. Payment Terms
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Due Date: Payment is due in full upon completion of service, prior to the technician leaving the job site, unless other arrangements (such as a financed installation) have been approved in writing in advance.
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Payment Methods: We accept cash, check, and major credit/debit cards. A valid photo ID may be required for certain payment types.
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Late Fees: Invoices not paid upon completion may be subject to a late fee of 1.5% per month (18% APR) on the outstanding balance.
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Collections & Liens: Unpaid balances may be sent to collections. For installation and major repair work, we reserve the right to file a mechanic’s lien on the property where services were performed to secure payment.
4. Limited Warranty
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Workmanship: We warrant our workmanship for a period of one (1) year from the date of service completion. This warranty covers defects in the installation or repair performed by our technicians.
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Parts: Parts and equipment are covered by the manufacturer’s warranty. We will facilitate any valid manufacturer warranty claim at no labor cost during our workmanship warranty period. Labor for warranty parts replacement after one year is billable.
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Warranty Voidance: Our warranties are void if:
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The system is modified, repaired, or tampered with by anyone other than our authorized personnel.
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The failure is due to improper maintenance, abuse, accident, Acts of God (flood, lightning, etc.), or issues unrelated to our original service.
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Sole Remedy: Our sole obligation under these warranties is, at our discretion, to repair or replace the defective workmanship or part. THIS IS YOUR EXCLUSIVE REMEDY.
5. Limitation of Liability
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INDIRECT DAMAGES: TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, OR DAMAGES RELATED TO PERSONAL INJURY, DISCOMFORT, INCONVENIENCE, OR PROPERTY DAMAGE NOT DIRECTLY CAUSED BY OUR NEGLIGENCE.
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DIRECT DAMAGES CAP: OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR $1,000, WHICHEVER IS LESS.
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CUSTOMER PROPERTY: While we exercise reasonable care, we are not liable for damage to existing systems, furnishings, or structures (e.g., walls, ductwork, electrical) that are found to be faulty, inaccessible, or not up to code during the course of our service. It is the customer’s responsibility to secure pets and valuables.
6. Cancellation & Rescheduling
We require at least 24 hours’ notice for cancellation or rescheduling of a scheduled appointment. Cancellations with less than 24 hours’ notice or missed appointments (“No-Shows”) may be subject to a diagnostic or trip fee of up to $99.
7. System Age & Safety
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Old or Unsafe Systems: If we determine that your existing system is unsafe, poses a risk of carbon monoxide poisoning, electrical fire, or other hazards, we may be obligated to disable it immediately for safety reasons. We are not liable for lack of service resulting from the disablement of an unsafe system.
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Code Compliance: Our work will comply with applicable local and national codes. We are not responsible for bringing your entire existing system up to current code unless specifically contracted to do so.
8. Permits
The Customer is responsible for obtaining any required permits for HVAC work, unless the permit is explicitly included in our written proposal. We will coordinate and pull permits when included in the contract.
9. Right of Refusal
We reserve the right to refuse or discontinue service at our discretion, including for unsafe working conditions, abusive behavior, or non-payment for previous services.
10. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of Georgia. Any dispute arising from these Terms or our services shall be brought exclusively in the state or federal courts located in Muscogee County, Georgia. The prevailing party in any legal action shall be entitled to recover its reasonable attorneys’ fees and costs.
11. Entire Agreement
These Terms, along with any written estimate or proposal you sign, constitute the entire agreement between us and supersede all prior communications. These Terms may be updated periodically; the version in effect at the time of service governs.
Contact Information for Service Inquiries:
Comfortmasters Heating & Air Inc.
495 Harold St, Columbus, GA 31903
(706) 682-0270
truecomfortpros.com