Terms & Conditions

The following are the terms and conditions of the Seller: American Cool Heat Air and Commercial Refrigeration. Please read them carefully before using the Service. By signing the Terms of Service, each party agrees to be bound by these Terms and Conditions, including signed proposals, all payment terms, policies, practices, rules, standards, and guidelines provided to Customer in writing and E-mail.

TERMS OF SERVICE
(1) All services outlined in this proposal will be performed during regular working hours, 7AM – 5PM, Monday – Friday.

(2) Due to shortage of qualified technicians in the trade, there may be delays for after hours, Emergency, and Weekend service until further notice.

(3) Performance of this Agreement is subject to labor strikes, fires, gas leaks, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Seller’s ability to obtain materials, and/or any cause beyond Seller’s control.

(4) If the customer requires overtime. Seller will be reimbursed for the premium portion of wages paid (including payroll taxes and insurance), Plus a reasonable allowance for loss of productivity caused by the overtime, unless otherwise stated in writing by seller

(5) If Customer gives the seller a short deadline to complete work, overtime rates will apply for all hours worked outside of the normal working hours and may affect the total price to reflect the overtime hours.

(6) Customer must have a designated employee on site to supervise the Customer’s property and lock up when seller leaves the jobsite, if Customer does not have an employee stay to supervise the property and lock up, seller is not responsible for theft, unlocked doors, alarms, loss of product.

(7) It is the Customers responsibility to notify Seller as soon as possible of any change in telephone numbers, fax numbers, emails addresses, direct contact info to each person from accounts payable, authorized signatories and any point of contact people that they provided if they change. We set up appointments with 2-hour windows to give technician time in case pervious service call takes longer than expected, traffic delays, part store delays, etc.

(8) If unable to make an appointment, we appreciate at least a 24hour notice, if we arrive and do not have access or are not allowed to work, there will be a $80 trip charge “No-Show” Fee, if we are made to wait for anything by putting us in waiting stance such as stand by, or go back in forth between calls for things such as access to a building, or roof, there will be a charge in 15min increment at the rate of $55.00.

(9) During prolonged extreme weather conditions, maintenances may be rescheduled to accommodate customers in need of repairs.

(10) Seller shall not be deemed in default nor be liable for damages for any failure or delay in performance of its work which arise out of cause beyond its reasonable control. Such causes may include, without limitation, acts of god or of the public enemy, acts of the government either in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, material shortages, or unusually severe weather. In the event the work is delayed by such causes, the time for performance will be extended accordingly.

(11) The estimates or quotes provided by seller are only for services, equipment or parts. All other services, equipment, parts, additional permits or expenses not in quote or estimate are at additional cost to customer & customer agrees to pay for such additional cost.

(12) When Customer approves estimate seller will order required parts, sometimes a retainer will be required, if Customer backs out after approving estimate Customer will be held liable for all parts ordered including and not limited to labor time spent, such as phone calls and research of proper component selection, emails sent to manufacturers, distributors, tech support, checking engineering data, etc.

(13) Delivery dates are based on current information, seller is not liable for any delays beyond its control

(14) Should any governmental department(s) require additional work beyond the specified work defined in estimate proposal, such work required by governmental department shall require an equitable price adjustment to cover sellers costs, labor, overhead, time allowed and profit.

(15) Unless specifically listed in estimate proposal, installation or repair of view screen(s), structural engineering or work, patch, repair and painting, access ladder(s) or roof hatch(s), roof pathways, repairs to lawn and(or) landscape sprinklers or damage to sidewalks, curbs and parking lots are excluded.

(16) Integration of old and new equipment: customer recognizes that the operation of the building systems will necessarily depend upon new equipment installed by American Cool Heat Air and Commercial Refrigeration, operating in conjunction with existing equipment part(s). Such older equipment/part(s) may be in poor condition, and in need of repair, and/or lacks state of the art technology. American Cool Heat Air and Commercial Refrigeration has not been requested, nor paid, to replace certain existing equipment, piping and similar items. Some of this equipment may suffer from deferred maintenance problems. Customer agrees to accept the work in accordance with American Cool Heat Air and Commercial Refrigeration proposal in light of the fact that the building systems will have a mixture of old and new equipment after American Cool Heat Air and Commercial Refrigeration has completed its work.

(17) if seller encounters subsurface or latent physical conditions at the site, differing materially from those indicated in the bid documents, or found during the site job walk, or unknown physical conditions, of an unusual nature, differing materially from the condition(s) relied upon in this proposal and contract, American Cool Heat Air and Commercial Refrigeration will promptly notify the customer if such conditions cause an increase or decrease in the cost of, or the time required for performance of any part of the work, an equitable adjustment in price shall be made and the contract time modified accordingly.

(18) Seller implied obligation under this proposal and agreement does not include identification of removal/abatement/disposal/studies or tests of any asbestos product(s) or other hazardous substance(s). Upon the event or encounter of any said product(s) and/or substance(s). American Cool Heat Air and Commercial Refrigeration reserves the right to suspend its work until said substance(s) or product(s) are removed.

(19) Labor Fees for Diagnostics – There is a 2- hour minimum charge at a rate of $220.00dlls per unit per 1 hr. for commercial work performed or 2-hour minimum charge at a rate of $110.00dlls per unit per 1 hr. for commercial work performed when we have a signed mutual agreement

(20) Repairs & troubleshooting – At times some units cannot be diagnosed unless unit is operating properly such as no refrigerant in unit, or no power to unit & unit must be “brought up” to “semi- working conditions” to continue trouble shooting or diagnosing system or equipment at said time American cool heat air and commercial refrigeration will do what is necessary to get it “brought up to “semi- working conditions” at customer expense so we can get to equipment’s root cause of malfunction, customer agrees and understands that certain charges could arise from trouble shooting or diagnosing and will pay for such expenses, that such expenses are not included in labor or diagnostic charges

(21) Service ports – If Customer’s equipment does not have service ports, or the service ports are not usable, service ports will have to be added at Customer’s expense along with all work related to adding service ports, this so that we can continue to trouble shoot the equipment we are working on or intend to work on.

(22) Electrical – If seller needs access to circuit breakers and Customer does not know the location of the breakers or breaker box, seller will charge for labor time required to find breakers or breaker box.

(23) Unforeseen Failure – At times when repairs are done to units, equipment or systems at any given time a second component fails that is unrelated or related to the same system, equipment or unit such as changing a condenser motor and a contactor fails later on that has nothing to do with work performed by American Cool Heat Air and Commercial Refrigeration, customer agrees to understand that such failure is possible and does not hold American Cool Heat Air and Commercial Refrigeration liable or responsible in any way for such “future failures”

(24) Seller employees will conduct themselves in a profession manner to all Customer’s staff and Customer’s customers and Seller expects the same respect to its employees and sub-contractors. Seller reserves the right to terminate service if Customer engages in any unprofessional behavior to any of its employees and Customer will be responsible for charges incurred, including and not limited to labor time spent, such as phone calls and research of proper component selection, emails sent to manufacturers, distributors, tech support, checking engineering data, etc and any restocking fees in the event of termination of service by seller.

(25) The Customer shall provide reasonable access to the equipment being serviced as per Seller instructions and allow seller personnel to stop and start all equipment necessary to perform agreed maintenance/service or repair.

(26) Reasonable Access includes clearing work area of product or clutter to perform work prior or to American Cool Heat Air and Commercial Refrigeration arriving or even if we arrive and such area must be cleared out on that given moment by Customer’s Employees or someone competent from Customer.

(27) The Customer will also establish that all work areas shall be free of hazards (asbestos, insects, rodents, animal or insect droppings, chemicals, mold, etc.) and to clear working area of any hazards that would inhibit the installation or repair.

(28) Should Customer’s staff activities present a safety hazard (cooking hot food, using boiling water or sharp equipment) near the sellers’ personnel, all work from seller will cease until it is safe to work at customer’s expense.

(29) After investigation, Seller reserves the right to terminate any work, or service order/invoice if the equipment that is to be serviced is found to be in extremely poor condition.

(30) If seller is asked to leave or kicked out of jobsite for any reason, seller will be allowed to remove tools and equipment from jobsite and safely power up equipment that was powered down for our safety. If denied time Customer is responsible for any damage to their equipment, loss of product, and any theft or damage to seller equipment as a result of being kicked out

(31) Customer to make available to contractor’s personnel pertinent material safety data sheets (MSDS) as specified by osha’s hazard communications standard regulations.

(32) Signatures: Customer must sign for all work performed, Customer agrees that any Employee of its company may sign work orders, invoices, estimates etc. if Customer wants specific people to sign, Customer must notify quickly Seller of such people, and such people must be made quickly available to Seller so that they may not be hindered in their work as Customer understands that there is time frames to meet, if such waiting is said to take place, Customer agrees to pay for such waiting fees including but not limited to phone calls, email, upper approvals etc. from Customer. In increment of 15 min at a rate of $55.00 dll

(33) Estimates – All major repairs and installs require Customer to Approve estimates, Customer agrees to accept estimates Via Email, Text, etc. Customer agrees to Accept in writing for work to be performed, via email, or text so there is trace of such approval, if work is to be performed quickly or on emergency basis, & buyer doesn’t sign, Buyer agrees to pay for all fees that incur from any work or job, will be emailed to buyer, and must be accepted electronically accepted prior selling starting work.

(34) Change Orders – During the progress of the work, if Buyer should order extra work not specified in the estimate or invoice, Seller 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.

(35) Additional Work- Seller agrees to supply the material, labor, truck charges, as specifically listed herein. if additional work is required by the customer or additional work is required to meet equipment manufacturer’s specification(s) or customer required design and/or preference criteria, prevent damage to the structure, person(s) or contents, including the work provided by this proposal and contract, satisfy governmental health, safety and building codes, rules and laws of A.Q.M.D. and/or EPA, or other governmental authority(s) such work will be at additional cost.

(36) Excess Materials – Extra materials left over upon completion shall be deemed Seller’s property, and Seller may enter upon the Property’s premises to remove excess material(s) at all reasonable hours.

(37) Substitutions – Should Seller be unable to obtain any material(s) specified in the Agreement or any Change Order, Seller shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the Contract Price.

(38) Design Conditions – Should any equipment be used outside of original design conditions, or not being used as intended, seller reserves the right to automatically terminate the service, and void any existing warranty

(39) Install Inspection – If Buyer does not authorize Seller to conduct its own testing to determine load calculations, insulation values, or any other conditions that may affect system operation, such testing may be at Buyer expense because of the additional load calculations, Seller shall size the new HVAC system based on the size of the existing HVAC system. In such case, Seller shall not be responsible for problems or additional expenses 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), Leaking duct work, condensation issues, contaminated air in the system, structural integrity and/or structural modifications

(40) Existing Line Set – Seller is not responsible for any problems with heating or cooling due to the existing line set, being undersized old or damaged, which may require repair and replacement for an additional cost to the Customer in the event Seller is unable to pull a 500-micron vacuum on an existing line set. Should Customer reject Seller’s recommendation to replace an existing line set, Seller’s warranty is voided.

(41) Existing Gas Pipe – Seller is not responsible for the condition of any existing gas pipe that is not readily accessible. Customer is responsible for any additional costs incurred if pressure testing is required to identify leaks and necessary repairs.

(42) Paint, Patchwork, and Repairs – Seller is not responsible for any painting, patchwork, or repair work that may be required following modification/installation work.

(43) Personal Property – Seller is not responsible for damage to Customer’s personal property left in or near the project area.

(44) Existing Attic Access Stairs – In the event Customer’s existing stairs cannot be safely utilized for the access to any type of work, an alternate method or access may be required. Seller is not responsible for (a) the replacement or repair of attic steps or stairs that must be removed to complete removal or installation work, (b) if removed, stairs will be reinstalled by Customer; and/or (c) any property damage resulting from the removal of the attic steps or stairs.

(45) Risk of Loss – Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property. Seller 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.

(46) Loss of product – If there is any loss of product as a result of seller error, seller requires photo & video evidence of loss with the cost of replacement & quantity of such goods within the same moment of the event happening for such proof and consideration of such event.

(47) Performance – If Customer fails to perform any of Customer’s obligations herein or if Seller, in good faith, believes that the prospect of payment or performance to be impaired, Seller 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 including but not limited to reasonable overhead and profit, interest, attorneys’ fees, outsourced collection department & its fees, and other charges due and unpaid.

(48) Insurance and Waiver of Subrogation – Seller shall provide Customer with certificates of insurance upon request, and that Customer agrees that these amounts are sufficient amounts for any work performed by Seller on Customer’s property unless otherwise agreed upon in writing between the parties. 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 Seller 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

(49) Indemnification – Customer shall indemnify, defend, and hold harmless Seller 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 Seller; and (b) any failure of the Customer to comply with the requirements of the Agreement.

(50) Warranty – Seller agrees to warranty the labor for a period of (30) days on any work directly performed by seller on used equipment and (1) year on work performed on new equipment and materials for the period that manufacture warrants its materials or equipment from date of last workorder, and that all parts replaced, materials furnished, and work accomplished, is free from defect in material and workmanship up to the intended part replaced only on equipment or unit. warranty for /modifications /retrofit and maintenance work is limited to 30 days from last workorder date up to the parts or materials repairs or replaced only, not the complete system or unit.

(51) Brazed Components – Seller offers Lifetime warranty on all Seller Brazed components

(52) Unauthorized work – If any work is performed by an outside party on equipment that is under seller warranty, that equipment warranty will be voided

(53) Damage caused by Weather – Damage to uncovered OR covered equipment caused by weather is not covered by seller.

(54) Negligence or misuse of equipment – Seller will not make warranty repairs or replacement of damages necessitated by reason of negligence or misuse of equipment or system component(s) by other person(s) or party(s), including & not limited to owner’s agents and employees or owners’ subcontractor(s).

(55) Payment – Time is of the essence, payment in full, from invoice date, Payment is due to Seller immediately after work is completed & Customer agrees to these terms.

(56) Payment terms- customer agrees to pay -all invoices upon completion of work, if customer pays with a check, the check must be received by seller no later than 15 days from the invoice date. unless otherwise agreed upon payment is due upon completion of work.

(57) Grace period payment plan – seller may provide customer with a grace period up to 30 days extension (4 weeks), if customer wishes to pay the invoice in 2 or 4 payments, such payment method must be preapproved by seller in writing.

(58) Non-Payment – After 30 days of a non-paid invoice, we will attempt to collect payment for a final attempt from customer by contacting accounts payable , if no complete payment is made, Customer agrees to pay an additional 30% fee on top of all invoices to cover collection agencies fees for Seller’s work to collect non paid invoices, and non-paid parts and materials ordered prior to your approval, weather verbal, signed by email, text or phone call, & work that was partially completed will also be billed weather stopped by Customer or us.
Customer agrees to be billed 3% for each additional month or in an amount allowable by law for un-paid invoices. Litigation fees might be assessed, and Customer agrees to pay them, including filing fees, court fees, lawyer fees etc.
Customer acknowledges that, if turned over to collections, it could have a negative reporting on the Customer’s credit report.
Customer agrees that a mechanic’s lien may be placed against Customer’s property for non-payment.
Once invoices have been turned into a collection agency payment can no longer be made thru us, you must contact collection agency on payment. Seller terms are COD (CASH ON DELIVERY)

(59) Seller may offer the Customer a grace period to make payment online or to deliver the check to Seller’s office no later than 15 days after the invoice date, with Seller’s approval

(60) Late payments Customer agrees to pay a late charge on any outstanding balance over 15 days at the rate of 3% monthly (or the maximum percentage allowable by law)

(61) Collections: All unpaid invoices over 30 days from date of invoice will be staged to go to an external collection’s agency. Once in collections payment through Seller will no longer be possible, To pay your balance and avoid having your account sent to Seller’s outside Collection Agency, thereby accruing additional collection fees and/or litigation fees assessed and possibly a negative reporting against Customer’s credit, please submit payment online or call us at 760-750-0808, Customer agrees to pay all Seller’s costs associated with collections, including attorneys’ fees, court costs, and interest at the maximum legal rate, etc. once in collections payment can no longer be made thru Seller, If more time is needed Customer agrees to contact Seller, and additional time or payment arrangement could be made, only prior to work commencing with Seller’s approval in writing.
(62) Work Completed or Started – if work is “started” or “completed” by seller, customer agrees to pay for work and materials, seller’s time for gathering materials and design of materials to be used on job or project, labor and other fees & expenses that have accrued in any such nature. if the job is “completed” customer agrees to pay all expenses accrued of the like, whether approval for the work was done over the phone, by email, in person or otherwise, even if said approval was obtained from customer or an employee or representative from your company.

(63) Attorney’s fees – If either party hereto commences an action against the other arising out of, or in connection with this proposal and contract, the prevailing party shall be entitled to recover from the losing party, reasonable attorney’s fees, and costs of suit.

(64) Insurance – Seller will supply worker’s compensation insurance in the forms and amount required by law. in addition, seller shall supply the liability insurance described in a certificate of insurance which is attached to this proposal, or which in, the absence of such attachment, will be supplied to the customer on request.

(65) RIGHT TO STOP WORK – Seller shall have the right to stop work if payments are not made when due under this contract and may keep the job idle until all payments have been received.

(66) The within design is exclusively owned by seller and is not intended for publication. exhibition herein is solely for the purpose of effecting a sale, or transfer, of the delineated air conditioning, temperature controls and or refrigeration installation repairs, services & maintenance of such.

(67) Seller may stop and start all equipment including and not limited to, kitchen hood vents, A/C systems, Evaporator coolers, walk in freezer, walk in coolers, ice machines, reach ins, or any unit that has power or mechanical movement, necessary to perform agreed maintenance/service or repair as needed, and Customer agrees to accommodate Seller even on short notice so that such maintenance/ service or repair are able to be completed correctly and be safe for all Employees from American Cool Heat Air and Commercial Refrigeration.

(68) Restocking fee – In the event a repair or preventive maintenance visit is cancelled after it has been approved and the materials have been ordered, a restocking fee may apply. This will only apply if American Air is charged a restocking fee from the supplier/subcontractor from which the materials/services were ordered. The fee will only be what the supplier/vendor charges plus a trip charge of $80.00 to cover Employee time & fuel for American Air.

(69) Emergency response time – It is American Air’s intention to provide same day service. For calls received between 8:00am – 12:00pm (M-F) American Air will typically respond the same day. For calls received after 12:00 pm American Air may respond the same day or more likely the following day.
Please note American Air provides emergency service 24/7 yet overtime charges apply before 8:00am and after 4:30pm (M-F) independent of when the call was initially placed.
Please note that while it is our intention to operate as noted above, it is possible during times of extreme temperatures that we may fall outside of these guidelines and American Air shall not be liable to you for any direct, indirect, punitive, consequential and/or incidental damages associated therewith, if any.
(70) Scheduling – If required, American Air will contact you/your representative (via phone, fax or email) to schedule any/all planned maintenance visits. Please note that in the event any calls/faxes/emails go unanswered by the designated contact provided by you, American Air reserves the right to not perform the inspection for which the call was originally placed. If required, American Air will make a minimum of two (2) consecutive attempts per inspection to schedule the planned visit. In the event a planned maintenance inspection is missed for which American Air made a minimum of two (2) consecutive attempts to schedule the planned maintenance visit, there will be no adjustment to the fees charged and/or paid under the Agreement.
It is the customer’s responsibility to notify American Air as soon as possible of any change in telephone numbers, fax numbers, and email addresses especially for accounts payable, Authorized signers, Point of contacts etc.

Miscellaneous
a. American Air shall not be liable for lack of equipment performance or damages resulting from, but not limited to: unexpected freezing, vandalism, strikes, fires, third party control system failure, accidents, theft, sabotage, abuse of the equipment under contract, Acts of God or other unexpected incidental or consequential damages.

b. American Air shall not be liable for any brittle or cracking electrical or communication wire insulation (or any cracking caused by American Air) and any damage as a result thereof to Customer.

c. American Air is not obligated to perform any service until this Agreement is accepted and returned to American Air with the appropriate payment. This Agreement may not be transferred or assigned without prior written consent by American Air. There are no other warranties or representations expressed or implied by American Air.

d. The customer agrees to accept the judgment of American Air as to the best means and methods for any corrective or repair work necessary and to have repairs made promptly. In the event the customer does not approve recommended repairs, American Air will not be held liable for any damages including, but not limited to, direct, indirect, punitive, incidental and or consequential damages associated with such non approved repairs.

e. American Air will only warranty parts purchased and installed by American Air.

f. American Air will provide a one (1) year warranty on all parts provided and installed by American Air.

g. American Air will honor the price noted in this Agreement for thirty (30) days from the date proposed. If the Agreement is not accepted within 15 days from the date proposed American Air reserves the right to adjust the prices set forth herein.

h. American Air assumes no liability for lack of equipment performance resulting from the Customer’s failure to authorize work, suggestions or recommendations required to correct deficiencies. Service calls of a repetitive nature i.e., more than two consecutive times, related to previously identified deficiencies, which have not been approved for correction, will result in the Customer being charged for such service calls on a “Time and Material” basis at the current rate in effect at the time service is rendered.
i. Customer agrees to make all payments when due. American Air is not obligated to perform any service (pending or future), including planned maintenance inspections to Customer if you are in default of any payment. In addition, American Air may discontinue service at any time, without notice until full payment is received. No act of forbearance on American Air’s part shall constitute a waiver of this provision.

(71) Entire Agreement – This Agreement constitutes the entire agreement between Customer and Seller. 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.