TEMPERATURE SERVICE – TERMS & CONDITIONS
GENERAL TERMS (APPLICABLE TO ALL WORK)
These terms apply to all work performed by Temperature Service (“Contractor”), including Service Calls, approved Proposals, FlexPay agreements, and Preventative Maintenance Agreements. Additional terms specific to each service type are outlined in the sections below.
Customer Contact & Electronic Communication
Email is the Contractor’s official method of communication for all invoices, proposals, and account notices. Mailed communications may be issued at the Contractor’s discretion.
By doing business with the Contractor, customers acknowledge and agree to receive account notices electronically. Messages sent to the email address on file are considered delivered regardless of whether they are received, opened, or filtered for any reason, including bounced or undeliverable messages.
It is the customer’s responsibility to keep their email address and phone number current, ensure that mail from temperatureservice.com is not blocked or filtered to spam, and notify the Contractor of any ownership, business, or contact changes.
To update your contact information visit Update My Information.
The Contractor is not responsible for undelivered notices of any kind.
Payment & Collection
Payment is due upon receipt unless otherwise specified in an approved proposal or FlexPay Payment Plan.
Past due balances are subject to a service charge of 2% per month or the maximum allowed by law. Customer agrees to pay all reasonable collection and attorney fees.
Contractor may pursue collection, including mechanic’s lien rights, for unpaid balances. Contractor retains title to all materials and equipment until payment is made in full.
Hazardous Materials
Contractor is not responsible for the identification, removal, or abatement of hazardous materials, including but not limited to asbestos, mold, or other hazardous substances. If such conditions are encountered, Contractor reserves the right to suspend work until the condition is properly addressed.
Delays
Contractor is not responsible for delays caused by conditions beyond its control, including but not limited to material shortages, weather, labor disruptions, scheduling constraints, or other conditions beyond Contractor’s control.
Non-Solicitation of Employees
Customer agrees that during the performance of work and for a period of twelve (12) months following completion, Customer will not directly or indirectly solicit, hire, or engage any employee of Contractor who was involved in providing services.
If Customer hires or engages any such employee during this period, Customer agrees to pay Contractor a placement fee equal to thirty percent (30%) of the employee’s annual compensation, or a reasonable estimate thereof.
This provision does not apply to general employment advertisements not specifically directed at Contractor’s employees.
Modifications
These Terms & Conditions may only be modified by a written agreement signed by an authorized representative of Contractor. No employee or representative is authorized to alter these Terms through verbal statements or informal communication.
Governing Law
These Terms & Conditions shall be governed by the laws of the State of Indiana. Any disputes shall be resolved in the appropriate courts located within the State of Indiana.
Entire Agreement
These Terms & Conditions, together with any approved Proposal, FlexPay Payment Plan, Service Call, Preventative Maintenance Agreement and any related documents, constitute the entire agreement between the parties and supersede any prior discussions or agreements.
Select the applicable section below to view detailed terms specific to your project or service.
SERVICE CALLS
The following terms apply to service calls where no formal proposal is issued. By requesting service, the customer acknowledges and agrees to these Terms & Conditions. Customer acknowledges these Terms & Conditions are available for review at the time of the service call.
Service & Billing
Service work includes a minimum diagnostic charge, which applies to all service calls regardless of whether a repair is performed.
Additional repairs are billed at flat rates based on the complexity of the work performed. Materials are itemized separately.
Flat rate pricing reflects the scope of work, expertise required, and responsibility for the repair, not the duration of the service call.
Customer-supplied parts may be installed with an additional charge. No warranty is provided on customer-supplied materials.
Scope of Work
Service work is based on observed conditions at the time of inspection. Additional repairs or material work require customer authorization prior to completion.
Access to Site
Customer shall provide reasonable access to equipment and work areas as necessary to perform the work. Contractor is authorized to start, stop, and operate equipment as required to complete the service.
Warranty (Service Work)
Labor is warranted for thirty (30) days from the date of installation unless otherwise specified. Equipment and materials are covered by applicable manufacturer warranties.
Warranty does not apply to:
- Existing systems or components not replaced
- Customer-supplied materials
- Improper use, modification, or lack of maintenance
- Work performed by others
- External causes such as weather, fire, or accidents
Warranty claims may be denied if the customer’s account is not current.
PROPOSALS
The approved proposal defines the scope of work, pricing, and project-specific details for installation and project work. These Terms & Conditions apply to all work performed under an approved proposal unless otherwise specified.
Service calls without a formal proposal are governed under the Service Call Terms section.
Acceptance
Approval of proposal, execution of any agreement, and/or payment of deposit constitutes acceptance of these Terms & Conditions. Customer acknowledges these Terms & Conditions are available for review at the time of approval.
Proposal Expiration
This proposal is valid for fifteen (15) days from the date issued unless otherwise stated in writing.
Project Payment Structure
A deposit is required prior to scheduling or commencement of work. Remaining balance is due upon substantial completion, unless modified by an approved FlexPay Payment Plan.
Project Timeline
Any projected start or completion dates are estimates and may be affected by material availability, scheduling, or conditions beyond Contractor’s control.
Warranty (Installation)
Contractor warrants labor for a period of one (1) year from the date of installation. Equipment and materials are covered by applicable manufacturer warranties.
Warranty does not apply to:
- Existing systems or components not replaced
- Customer-supplied materials
- Improper use, modification, or lack of maintenance
- Work performed by others
- External causes such as weather or accidents
Warranty claims may be denied if the customer’s account is not current.
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.
Customer is responsible for providing necessary access, utilities, and site conditions required for installation unless otherwise specified in the proposal.
Exclusions
- 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
FlexPay is an optional payment structure offered by Contractor 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.
- 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
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.
Contractor may pursue collection, including mechanic’s lien rights, for unpaid balances.
PREVENTATIVE MAINTENANCE AGREEMENT
Preventative Maintenance Agreements are one-year agreements and are not binding until signed by the Customer and returned to Contractor. Customer acknowledges these Terms & Conditions are available for review at the time of approval.
Scope of Agreement
This agreement covers only the preventative maintenance services described for the equipment and location identified at the time of signing. Any additional repairs, materials, or labor are not included unless specifically stated and require customer authorization. If additional work is approved, it will be billed separately in accordance with Contractor’s standard Terms & Conditions.
This agreement is specific to the location identified at the time of signing. Any change in location requires a new agreement. Services performed at a new or different location without a signed agreement will be billed at Contractor’s standard rates.
This agreement is based on the equipment identified at the time of signing. If equipment is added or removed, the agreement will be adjusted accordingly and a revised agreement will be issued reflecting the updated scope and pricing. Services performed on equipment not covered under the current agreement will be billed at Contractor’s standard rates.
Scheduling & Access
Contractor will schedule maintenance visits at its discretion unless otherwise agreed in writing. Customer is responsible for providing reasonable access to all equipment at the time of scheduled service. If access cannot be obtained upon arrival, a trip charge will be assessed at Contractor’s standard rate at the time of service. Contractor will make reasonable attempts to complete the visit and may reschedule at its discretion.
Additional Work & Authorization
Any work beyond the agreed scope requires customer authorization. For repairs or additional services exceeding $185, a written proposal and approval are required prior to commencement. Minor repairs or adjustments under $185 deemed necessary at the time of service may be performed at Contractor’s discretion and will be billed at standard rates. Contractor will make reasonable attempts to notify the customer prior to performing additional work and maintains documentation of all work performed.
Customer signature at the time of service is requested but not required. Completed maintenance visits are billable upon completion regardless of whether a signature was obtained. Contractor maintains service records including date, time, location data, and photographic documentation as evidence of service performed.
Pricing & Term
Pricing is based on current labor rates and is valid for fifteen (15) days from the date issued. Agreements executed after this period may be adjusted to reflect current rates. This agreement automatically renews annually at Contractor’s current labor rates unless terminated by either party with at least thirty (30) days written notice prior to the renewal date.
Cancellation & Early Termination
Either party may cancel this agreement with thirty (30) days written notice. Email to the address on file constitutes written notice. Notice is considered received on the date it is sent.
If the Customer cancels within the first year, the remaining balance of the annual agreement is due immediately. The remaining balance is calculated based on the number of visits not yet completed at the agreed per-visit rate.
Customer is responsible for notifying Contractor of any change in location, ownership, or tenancy prior to the effective date of such change. This agreement remains active and billable until proper written notice is received by Contractor. Contractor is not responsible for services performed in good faith prior to receiving cancellation notice.
Payment Terms
Invoices are issued following each maintenance visit. Payment is due upon receipt. Past due balances are subject to a service charge of 2% per month or the maximum allowed by law. Service visits will be suspended if the Customer’s account is not current. Contractor is not responsible for any equipment failure or damage that occurs during a period of suspended service. Service will resume once the account balance is paid in full. Customer agrees to pay all reasonable collection and attorney fees
Limitation of Liability
Contractor shall not be liable for delays, damages, or failure to perform caused by conditions beyond its control. Preventative maintenance services are intended to reduce the likelihood of equipment failure but do not guarantee uninterrupted operation or prevent all future repairs.
Warranty
Contractor warrants labor performed during maintenance visits for a period of thirty (30) days from the date of service. Warranty does not apply to existing systems or components not serviced, customer-supplied materials, improper use, modification, or lack of maintenance, work performed by others, or external causes such as weather or accidents. Warranty claims may be denied if the customer’s account is not current.
Temperature Service | temperatureservice.com | (317) 254-9202
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