TEMPERATURE SERVICE – TERMS & CONDITIONS

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. The minimum diagnostic charge also applies when a customer cancels or refuses service after Contractor’s technician has been dispatched or has arrived on site, regardless of whether diagnostic work was 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.

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.

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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.

Installation work may require utilities, structural conditions, or other site preparation as specified in the approved proposal. Customer is responsible for providing these in addition to general site access.

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

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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.

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PREVENTATIVE MAINTENANCE

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.

Temperature Service offers three tiers of Preventative Maintenance service: Comprehensive PM, Filter Change, and Visual PM. The tier selected is identified in the signed agreement. The Common Terms below apply to all three tiers; each tier’s specific scope of work follows.

Common Terms (Applicable to All PM Tiers)

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

Contractor will schedule maintenance visits at its discretion unless otherwise agreed in writing. 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.

Scheduling of maintenance visits is at Contractor’s discretion. Variations in scheduling or intervals between visits do not constitute a breach of this agreement, and Contractor is not liable for equipment failure, damage, downtime, or other losses occurring between scheduled visits, regardless of timing.

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.

Comprehensive PM

Comprehensive Preventative Maintenance is Contractor’s most complete maintenance service. It includes filter replacement, hands-on inspection, cleaning, and testing of equipment components as outlined in the 62-point checklist below.

What’s Included

• Air filter replacement for all equipment listed in the agreement
• 62-point inspection covering General System Components, Heating Components, and Cooling (Refrigeration) Components
• Written report of any issues identified during inspection
• Separate repair estimates provided for any issues requiring service beyond the scope of PM
• Photographic documentation of the equipment and any issues found

62-Point Inspection Checklist

Applicability of individual checklist items depends on the equipment being serviced. Items that do not apply to a specific unit will not be performed on that unit.

Filter Change

Filter Change service is scheduled replacement of air filters at the frequency and locations identified in the signed agreement. This service is limited exclusively to filter replacement and associated documentation.

What’s Included

• Replacement of filters on equipment listed in the agreement
• Filters supplied by Contractor unless otherwise specified
• Photographic documentation of filter condition and replacement
• Written record of filter type, size, and quantity replaced per unit

What’s NOT Included

Filter Change service does not include any inspection, testing, cleaning, or service of equipment. The following are specifically excluded:

• Inspection or evaluation of equipment condition
• Coil cleaning, blower cleaning, or component cleaning
• Belt inspection, tensioning, or replacement
• Lubrication or mechanical service of any kind
• Refrigerant checks or refrigeration system service
• Electrical testing or diagnostic work
• Combustion or gas system testing
• Any adjustment, calibration, or corrective work

Contractor’s technicians may note and report obvious concerns observed during filter replacement (visible leaks, unusual noise, damaged components) as a courtesy, but such observations are incidental and not the purpose of this service. Filter Change service does not constitute inspection or evaluation of equipment condition, and Contractor makes no representation as to equipment health based on filter change visits alone.

Visual PM

Visual Preventative Maintenance is a scheduled visual inspection of equipment at the frequency and locations identified in the signed agreement. This service is intended to identify visible signs of wear, damage, leaks, corrosion, and other conditions that may indicate current or developing equipment issues.

What’s Included

• Visual inspection of accessible equipment components
• Photographic documentation of visible wear, damage, leaks, or areas of concern
• Written report of observed conditions with recommended repairs
• Separate repair estimates provided for any issues requiring service

What’s NOT Included

Visual PM does not include hands-on service of any kind. The following are specifically excluded and are not performed under this agreement:

• Filter replacement or cleaning
• Coil cleaning or component cleaning of any kind
• Belt inspection, tensioning, or replacement
• Lubrication of motors, bearings, or moving parts
• Refrigerant level checks, pressure testing, or leak testing
• Electrical testing, amp draw readings, or capacitor testing
• Combustion analysis or gas pressure testing
• Any adjustment, calibration, or corrective work

Any service beyond visual inspection requires a separate approved proposal or service call and will be billed at Contractor’s standard rates. Issues identified during a Visual PM visit are reported to the Customer; correction of those issues is the Customer’s decision and responsibility.

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