SERVICE AGREEMENT & TERMS AND CONDITIONS
SERVICE AGREEMENT & TERMS AND CONDITIONS
SERVICE AGREEMENT
This Service Agreement ("Agreement") is entered into between AC Plus Heating & Air, License #CAC1822544 ("AC Plus" or "Service Provider"), and the customer identified on the applicable estimate, proposal, or invoice ("Client").
By signing or electronically accepting the applicable estimate, proposal, invoice, or this Agreement, the Client agrees to the following terms.
SCOPE OF SERVICES
AC Plus will provide the HVAC installation, repair, maintenance, inspection, cleaning, or related services described in the applicable estimate, proposal, or invoice.
Any work, parts, materials, permits, modifications, or additional services not included in the original scope may result in additional charges. Any material change to the agreed scope of work must be approved by AC Plus.
PAYMENT AND COLLECTION
The Client agrees to pay the amount stated in the applicable estimate, proposal, or invoice according to the agreed payment terms.
Unless otherwise agreed in writing, payment is due upon commencement of the project or as otherwise stated on the applicable invoice or proposal.
Past-due balances may be subject to late fees, collection costs, legal fees, and other reasonable costs associated with collecting unpaid amounts. AC Plus may provide information reasonably necessary to an authorized collection agency, attorney, or other third party for collection purposes as permitted by law.
AC Plus may suspend work, service, or applicable warranties while an account remains past due.
CANCELLATION AND TERMINATION
AC Plus may suspend or terminate work due to non-payment, unsafe working conditions, denied access, breach of this Agreement, or other circumstances that reasonably prevent performance of the work.
If the Client cancels before work begins, a 30% restocking fee on applicable parts may apply, together with charges for labor, transportation, special-order materials, damaged materials, administrative costs, and other nonrecoverable expenses.
If the Client cancels after work has started, an 80% restocking fee on applicable parts may apply, together with charges for labor, transportation, special-order materials, damaged materials, administrative costs, and other nonrecoverable expenses.
FINAL CLIENT INSPECTION
Upon completion of a repair or installation and before the work crew leaves whenever reasonably possible, the Client is responsible for visually inspecting the completed work and surrounding work area.
The Client should promptly report any visible concern, incomplete work, cleanup issue, construction debris, trash, tools, hazardous materials, running water, open exterior doors or windows, or any other observable condition that could cause property damage, a safety concern, or unnecessary utility usage.
This inspection requirement does not transfer to the Client any technical, licensing, code-compliance, or installation responsibility that is legally the responsibility of AC Plus.
THIRD-PARTY CONTRACTORS, INSURANCE, AND HOME WARRANTY CLAIMS
When AC Plus performs work through or in connection with an insurance company, home warranty company, property management company, third-party contractor, or other third party, AC Plus may not know the complete terms of the Client's policy, claim, deductible, approved scope, reimbursement amount, or coverage limitations.
AC Plus may provide estimates, invoices, photographs, diagnostic information, or other documentation requested by the third party. However, AC Plus does not control and does not guarantee claim approval, coverage, reimbursement, payment, or refunds.
The Client is responsible for confirming coverage, deductibles, reimbursement amounts, approved work, and other claim details directly with the applicable third party before authorizing the work.
Unless AC Plus expressly agrees otherwise in writing, the Client's obligation to pay AC Plus is independent of whether an insurance company or other third party approves or reimburses the Client.
CLIENT RESPONSIBILITIES
The Client agrees to:
a) Provide accurate information regarding the property, equipment, and requested services.
b) Provide reasonable and safe access to the property and equipment.
c) Disclose known hazards, including hazardous materials, unsafe structures, dangerous animals, traps, or other unsafe conditions.
d) Notify AC Plus promptly of concerns or problems relating to the services.
e) Follow manufacturer maintenance requirements and AC Plus maintenance recommendations.
f) Make all required payments when due.
DRAIN LINE SERVICE AND WATER-DAMAGE DISCLAIMER
Condensate drain lines may become clogged or restricted due to humidity, algae, biological growth, sediment, debris, environmental conditions, or other causes commonly encountered in Florida.
Drain-line cleaning, flushing, clearing, or repair addresses the condition identified at the time of service but does not guarantee that the drain line will remain clear in the future.
The Client is responsible for periodically monitoring the drain line, drain pan, surrounding area, and other reasonably accessible areas for signs of blockage, backup, leakage, standing water, overflow, or abnormal drainage and for arranging routine maintenance as necessary.
AC Plus does not provide a warranty against future drain-line clogs, backups, overflows, or related water damage merely because the drain line was previously cleaned, repaired, inspected, or maintained.
TUNE-UP AND INSPECTION DISCLAIMER
A tune-up, maintenance visit, or inspection reflects the reasonably observable condition of the HVAC system at the time of service.
HVAC components may fail afterward due to age, normal wear, manufacturer defects, electrical conditions, refrigerant leaks, corrosion, drainage problems, prior installation or repair issues, environmental conditions, power fluctuations, or other causes.
A tune-up or inspection is therefore not a guarantee that the system will remain operational, free from failure, or free from future repair needs.
LIMITED LABOR WARRANTY
For qualifying new-system installations, AC Plus provides a one-year limited labor warranty on qualifying work performed by AC Plus, subject to the terms and exclusions of this Agreement.
The limited labor warranty remains valid only if the Client follows applicable manufacturer maintenance requirements and maintains the recommended semiannual HVAC tune-up schedule.
Unless AC Plus expressly states otherwise in writing, this limited labor warranty does not include the cost of replacement equipment, manufacturer-defective components, compressors, coils, motors, refrigerant, shipping, freight, or other materials.
Drain-line backups, clogs, overflows, and recurring drainage conditions are not covered by the limited labor warranty.
ABOVE-CEILING HVAC DAMAGE DISCLAIMER
For HVAC equipment located in an attic, above a ceiling, or in another location where condensate, leakage, drain-line backup, or ice buildup could damage the property, the Client acknowledges that these conditions may develop unexpectedly.
The Client is responsible for periodically checking reasonably accessible areas for signs of water leakage, condensation, ice buildup, drain-pan problems, drain-line blockage, or overflow.
AC Plus does not warrant against future ice buildup, condensate overflow, drain-line backup, leakage, or resulting ceiling, wall, flooring, insulation, or other property damage merely because AC Plus previously installed, repaired, maintained, inspected, or serviced the HVAC equipment.
Nothing in this Agreement eliminates responsibility for defective workmanship or another obligation that cannot legally be waived.
MANUFACTURER WARRANTY
Any manufacturer warranty is provided and administered by the equipment manufacturer and not by AC Plus Heating & Air.
Manufacturer warranties are subject to the manufacturer's current terms, conditions, coverage periods, exclusions, registration requirements, procedures, and approval decisions.
AC Plus does not control and cannot guarantee whether a manufacturer will approve, deny, process, or pay a warranty claim.
Unless specifically covered by the manufacturer or expressly agreed to by AC Plus in writing, the Client is responsible for labor, diagnostic charges, shipping, freight, handling, removal, installation, processing fees, and other costs associated with a manufacturer warranty claim.
Manufacturer warranty terms may change. The Client is responsible for reviewing current warranty information directly through the manufacturer's official website or official documentation.
The Client is also responsible for completing any homeowner or individual registration required to obtain an extended, promotional, enhanced, or additional manufacturer warranty.
AC Plus is not responsible for completing such individual registration on behalf of the Client unless AC Plus expressly agrees to do so in writing.
The Client is responsible for following the manufacturer's registration instructions, providing accurate information, meeting registration deadlines, and retaining proof of registration.
Failure to properly complete manufacturer registration may result in reduced or lost warranty coverage, and AC Plus is not responsible for coverage lost because the Client failed to complete the manufacturer's required registration.
THIRD-PARTY REPAIRS AND ALTERATIONS
AC Plus is not responsible for damage, improper repairs, modifications, system failures, or other conditions caused by work performed by unauthorized or unqualified third parties after AC Plus has performed its services.
Additional diagnosis, repairs, materials, or return visits made necessary by third-party work may result in additional charges.
CONFIDENTIALITY
The Client agrees not to improperly disclose nonpublic technician information, internal paperwork, or other confidential information provided by AC Plus, except where disclosure is required or protected by law.
COMPLIANCE WITH LAW
This Agreement shall be interpreted in accordance with applicable Florida and federal law.
Nothing in this Agreement is intended to waive any right, responsibility, warranty, or remedy that cannot legally be waived.
ENTIRE AGREEMENT
This Agreement, together with the applicable estimate, proposal, invoice, approved change orders, and written attachments, constitutes the agreement between the parties concerning the services provided.
Any amendment or material change must be made or approved in writing.
SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
WAIVER
Failure by either party to enforce a provision of this Agreement on one occasion does not constitute a continuing waiver of that provision.
ASSIGNMENT
The Client may not assign this Agreement without AC Plus's prior written consent. Any assignment by AC Plus shall be subject to applicable law.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida.
DISPUTE RESOLUTION
The parties shall first attempt in good faith to resolve any dispute directly.
Any unresolved dispute that is subject to a valid and enforceable arbitration agreement shall be handled according to that agreement and applicable law.
FORCE MAJEURE
Neither party shall be responsible for delays or failures caused by circumstances beyond that party's reasonable control, including severe weather, natural disasters, governmental actions, supply-chain disruptions, fire, flood, war, terrorism, or similar events.
AC Plus will make commercially reasonable efforts to resume performance when reasonably practicable.
ELECTRONIC ACCEPTANCE
Electronic signatures, electronic acceptance, and electronic copies of this Agreement may have the same effect as original signatures and documents to the extent permitted by law.
CLIENT ACKNOWLEDGMENT
By signing or electronically accepting the applicable estimate, proposal, invoice, or this Agreement, the Client acknowledges that the Client has received, reviewed, and agrees to these terms and conditions.