Premier Heating and Cooling’s Service Order/Invoice Terms and Agreement
1.You have accessed the Service/Order Terms and Agreement of Premier Heating and Cooling LLC. The terms “Premier” “Company” “we,” and “our” are used in these terms for purposes of convenience and are intended to refer to Premier Heating and Cooling LLC.
2.The Service Order/Invoice Terms and Agreement is by and between “Premier Heating and Cooling LLC” and “customer”. The Service Order/Invoice contains the entire agreement between the two parties, and no rights are created in favor of either party other than what is specified in the service order/invoice. The terms of each agreement will begin on the effective date of the service order/invoice and continue for the term specified on the service order/invoice.
3.Please read these Service/Invoice Terms and Agreement carefully before proceeding with service.
4.By checking the box, you acknowledge you have read these Terms and agree to the Service Order/Invoice Terms and Agreement with Premier Heating and Cooling LLC. No work can begin prior to accepting these terms
5.If you do not agree to all of these Terms and Agreement please proceed with following instructions:
• Do not check box acknowledging and agreeing to Terms
• Do not approve repair / Installation
• Do not proceed with service
6.Premier Heating and Cooling will retrieve all material and provide labor required to perform maintenance/service as outlined in the service order/invoice.
7.The customer shall provide reasonable access to the equipment being serviced as per Premier Heating and Cooling’s instructions and allow our personnel to stop and start all equipment necessary to perform agreed maintenance/service or repair. The customer will also establish that all work areas shall be free of hazards (asbestos, insects, rodents, chemicals, mold, etc…) and to clear working area of any hazards that would inhibit the installation or repair. If the hazard is found during the time of service, all work by Premier Heating and Cooling will cease until customer has corrected matters appropriately at customer’s expense. Customer accepts all reasonable charges associated with rescheduling an appointment do to an unsafe, hazardous, or inaccessible work site.
8.After investigation, Premier Heating and Cooling reserves the right to automatically terminate the service order/invoice if the equipment that is to be serviced is found to be in extremely poor condition.
9.At times, the customer may request that Premier Heating and Cooling provide additional or amended services not covered by the existing service order/invoice. The two parties may, but are not required to, agree to a change in services either by amending the service order/invoice in existence or by signing into a new service order/invoice. Such a change, if carried out, will specify the services to be performed by Premier Heating and Cooling, but not limited to, price terms.
10.If technician is asked to look at another problem (with another system or piece of equipment) “under the same roof”, the fee is 50% of your regular diagnostic fee. The customer agrees to pay and be responsible for any additional work outside the scope of work outlined in the service order/invoice
11.Our technician will perform all work professionally and utilize materials of good quality during working hours and in accordance with the terms outlined in the service order/invoice.
12.The customer will compensate Premier Heating and Cooling for the services rendered, supplies, and materials needed, in accordance with the terms, conditions, and payment schedule outlined on the service order/invoice. Customer will make complete payment to Premier Heating and Cooling LLC on completion of services rendered, immediately after receipt of accurate service order/invoice from Premier Heating and Cooling LLC with the indicated prices of services performed. Such service order/invoice from Premier Heating and Cooling will itemize any reimbursable expenses. Any late payments past 7 days will accrue interest at the rate of 1.5% daily, or the maximum rate allowed by applicable law.
13.The customer agrees to pay and be responsible for any additional gross amount of any present or future sales, use, excise, value-added, or other similar tax, however designated applicable to the price sale or delivery of any products, services or the work furnished hereunder or for their use by Premier Heating and Cooling on behalf of the customer whether such tax shall be local, state, or federal in nature. This will include but not be limited to the recovery, recycling, reclamation, handling and disposal of all refrigerants, and the additional costs incurred for refrigerant tax and/or increased costs due to limited availability.
14.When a member makes an emergency service request, or a request outside normal hours of operation, Premier Heating and Cooling reserves the right to charge the customer the emergency service labor rate and fees. In addition, at the discretion of Premier Heating and Cooling, a new Service Order Invoice may be obtained by us before the work is performed.
Our normal hours of operation:
Monday – Friday: 8:00am-8:00PM
excluding nights and holidays, unless otherwise specified.
15.All materials, parts and equipment are warranted by the manufacturers’ or suppliers’ written warranty only. All parts & labor performed by Premier Heating and Cooling LLC is warranted for 90 days for non members or as otherwise indicated in writing. Please review Membership Agreement for warranty terms for our members. Premier Heating and Cooling makes no other warranties, expressed or implied and its agents or technicians are not authorized to make any such warranties on behalf of Premier Heating and Cooling
Release of Liability
16.Premier Heating and Cooling will not be held liable for any loss, delay, injury, death, or damage that are caused by improper use, negligent acts, or circumstances beyond our reasonable control including but not restricted to natural disasters, war, terrorism, civil commotion, acts of government, fire, theft, corrosion, floods, condensate restrictions, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, code violations or insurance company requirements, delays in transportation, extreme weather conditions, shortage of vehicles, fuel, labor, or materials, or malicious mischief. And, in no event, whether as a result of breach of contract, or otherwise, will Premier Heating and Cooling be liable for consequential, speculative, penal or incidental damages, including, but not limited to loss of profit or revenues, loss of use of any products, machinery, equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, or claims of Buyer’s customer for such damages. Also, it is agreed that any changes, adjustments, additions to repairs made by others, unless authorized by Premier Heating and Cooling will release and terminate all obligations of Premier Heating and Cooling the customer will be responsible for payment of materials and any work or services rendered by Premier Heating and Cooling
17.Premier Heating and Cooling and its agents are not qualified mold, mildew, or fungus inspectors. Under this Agreement, Premier
Heating and Cooling and its agents expressly disclaim any duty to inspect or identify or report the presence or growth of any mold, mildew, fungus, or any combination thereof, on or around any equipment covered by this Agreement.
18.Premier Heating and Cooling and its agents will be held harmless for any damages, including special damages and consequential damages, caused by the presence or growth of mold, mildew, fungi, or any combination thereof that is due to or related to equipment or failure of equipment covered by this Agreement.
19.Customer shall indemnify to the fullest extent and hold Premier Heating and Cooling LLC harmless from any and all demands, losses, liabilities, claims, suits, and actions (the “claims”) of any kind, nature, and description, including, but not limited to, personal injury, death, property damage, and consultants and/or attorneys fees and costs, directly or indirectly arising out of, connected with, or resulting from the performance of the Agreement or from any activity, work, or thing done, permitted, or suffered by Premier Heating and Cooling LLC under or in conjunction with this Agreement
20. Customer agrees Premier Heating and Cooling LLC will not be held liable for any and all special or consequential property damages due to or related to equipment or failure of same, including water damage due to leaks from condensate lines, indoor coils, or water lines. Furthermore, Premier Heating and Cooling will not be held liable for a home not continuously occupied or damages that occur during an extended period of time in which a home is vacant.
21.It is agreed that Premier Heating and Cooling will not be required to complete safety tests, install new devices or make modifications to any equipment to comply with recommendations or directives of insurance companies, governmental agencies, or for other reasons. Neither shall Premier Heating and Cooling be required to make replacements or repairs necessitated by reason of any other cause beyond its control except ordinary wear and tear.
22.If customer decides to wait and calls for the repair at another time, customer agrees to pay and is responsible for 50% of the normal Diagnostic Fee to partially cover the cost of the travel, in full on completion of services rendered at next scheduled appointment
23.To proceed with the project, “customer” will need to:
• Submit an APPROVED ESTIMATE OR JOB.
• Agree to the Terms and Conditions by electronic signature or emailed approval. The Terms and Condition represents my commitments to you the “customer”
• If the job requires a return visit due to parts availability or any other reason, customer must submit initial payment, not to exceed one-third of total project fee at the time of approval or the actual cost of any material or equipment of a special order or custom-made nature. This initial payment also applies to any service priced over $2,500
All major credit cards accepted. No credit card information will viewable or downloadable by Premier Heating and Cooling unless a recurring authorization form has been signed.
• When the contracted work is completed, final payment of the remaining balance, as well as any incurred additional hourly fees will be charged and a Premier Heating and Cooling LLC invoice will be emailed/mailed to you.
24.Premier Heating and Cooling LLC has the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting modified Terms and Conditions of the Agreement to the website located http://www.premierhvaccompany.com. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Premier Heating and Cooling LLC or (ii) you continue to use the Service after Premier Heating and Cooling LLC has posted updates to the Agreement or to any policy governing the Service.