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TEMPERATURE SERVICE – TERMS & CONDITIONS

Simple Solutions for Quality Air

These Terms & Conditions apply to all work performed by Temperature Service (“Contractor”).

ACCEPTANCE

Approval of this proposal, execution of any agreement, and/or payment of deposit constitutes acceptance of these Terms & Conditions.

Customer acknowledges that these Terms & Conditions are available for review at the time of approval and form part of the agreement between the parties.

PROPOSAL EXPIRATION

This proposal is valid for fifteen (15) days from the date issued unless otherwise stated in writing.

PAYMENT TERMS

Contractor requires a deposit prior to scheduling or commencement of work. Remaining balance is due upon substantial completion, defined as when the system is installed, operational, and performing its intended function, unless otherwise agreed in writing or modified by an approved FlexPay Payment Plan Agreement.

Invoices are due within ten (10) days of receipt. Past due balances are subject to a service charge of two percent (2%) per month or the maximum allowed by law.

Accounts not paid within sixty (60) days may be subject to collection action, including the filing of a mechanic’s lien. Customer agrees to pay all reasonable collection costs, including attorney fees.

Contractor retains title to all materials and equipment until payment is made in full.

Contractor reserves the right to suspend work in the event of non-payment without liability for delays or damages resulting from such suspension.

WARRANTY

Contractor warrants labor for a period of one (1) year from the date of installation. Equipment and materials are covered by applicable manufacturer warranties.

Existing equipment, materials, and connected systems (including but not limited to gas, electrical, plumbing, ductwork, and refrigeration lines) are excluded from warranty unless explicitly stated in the scope of work. Customer-supplied materials are excluded.

Warranty claims may be denied if:

  • The customer’s account is not current
  • Work is performed by unauthorized parties
  • Equipment is altered, relocated, or misused
  • Required maintenance is not performed
  • Damage results from external causes, including weather or accidents

Warranty service is provided during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.). Routine maintenance is not included.

LIMITATION OF LIABILITY

Contractor shall not be liable for indirect, incidental, or consequential damages. Contractor’s total liability, if any, shall be limited to the amount paid for the work performed.

Contractor shall not be responsible for delays or damages caused by events beyond its control, including but not limited to material shortages, weather, labor disruptions, or other force majeure conditions.

Contractor is not responsible for the presence, handling, or abatement of hazardous materials, including asbestos.

WORK CONDITIONS

Contractor will take reasonable precautions to protect persons and property during the performance of work.

Standard working hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Work performed outside these hours may be subject to additional charges.

Removed materials and equipment will be disposed of or recycled at Contractor’s discretion unless otherwise agreed.

CANCELLATION

Customer may cancel within three (3) business days of acceptance where applicable by law.

Deposits are non-refundable to the extent of costs incurred, including equipment, labor, and administrative expenses, for cancellations not caused by Contractor.

LIEN & COLLECTION RIGHTS

Contractor reserves the right to file a mechanic’s lien or pursue other legal remedies for non-payment.

EXCLUSIONS

Unless specifically included in the scope of work, the following are excluded:

  • Existing air distribution systems and connected utilities
  • Gas piping, flue piping, drain lines, plumbing, and electrical systems
  • Low voltage controls and wiring
  • Accessories including thermostats, humidifiers, air cleaners, condensate pumps, and low ambient controls
  • Air balancing, roofing work, or other trades not explicitly listed

FLEXPAY PAYMENT PLAN (IF SELECTED)

FlexPay is an optional payment structure offered by Temperature Service to provide short-term flexibility for project payments.

All standard Terms & Conditions remain in effect unless specifically modified by this section.

If the FlexPay payment option is selected, the following terms apply.

This payment plan modifies the standard payment terms outlined in these Terms & Conditions.

PAYMENT STRUCTURE

  • Fifty percent (50%) deposit is required prior to commencement of work
  • Remaining balance will be divided into two equal payments
  • First payment is due 30 days after substantial completion
  • Final payment is due 60 days after substantial completion
  • A convenience fee will be applied to the total project cost

LATE PAYMENT

  • Past due balances are subject to a 2% monthly service charge (or the maximum allowed by law)
  • Failure to make any scheduled payment will result in the full remaining balance becoming immediately due

DEFAULT & COLLECTION

Contractor reserves the right to suspend services and/or pursue collection, including mechanic’s lien rights, for any unpaid balances.

ACCEPTANCE OF FLEXPAY TERMS

By selecting the FlexPay option, customer acknowledges and agrees that these FlexPay terms modify the standard payment terms and form part of the agreement between the parties.

The proposal defines the specific scope of work. In the event of any conflict between the proposal and these Terms & Conditions, the proposal shall govern with respect to scope and pricing.

These Terms & Conditions, together with the approved proposal and any approved FlexPay Payment Plan Agreement, constitute the entire agreement between the parties.

These Terms & Conditions apply to all work performed unless superseded by a separately executed written agreement.

Temperature Service | temperatureservice.com | (317) 254-9202

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