By utilizing our services and or making payment for this invoice, the Client acknowledges and consents to all terms and conditions detailed herein. The Client affirms they hold the requisite authority to commission the specified work.
All materials, parts, and equipment are covered by manufacturers’ and suppliers’ written warranties only. The Company’s labor is warranted for 30 days or as otherwise indicated in writing. The Company offers no additional warranties, express or implied, and its agents or technicians are not authorized to make any such warranties on the Company’s behalf. All warranty calls are subject to travel and overtime fees.
Please note that our business operations are conducted Monday to Friday, between 9 am and 5 pm. All warranty service calls will be scheduled within these business hours.
If our schedule is fully booked when the Client makes a warranty service request, additional fees may apply to accommodate the service. Please note that we do not schedule service calls outside our regular business hours.
Customers are required to register any parts or units. The Company can register them for the customer at their written request. There is an additional charge for this service, which must be paid before we register the product for the Client.
By engaging with our resources and services, clients implicitly accept these terms, which form a part of the legally binding agreement between Home Service Consulting, LLC and its subsidiaries and the Client. We appreciate your understanding and cooperation in adhering to these guidelines.
All estimates remain valid for 30 days.
Please be informed that Home Service Consulting, LLC and its subsidiaries do not, under any circumstances, assume financial responsibility for services offered by any third party. This non-assumption extends to individuals, entities, or companies the Client engages or any other person or Company.
Should a client or associated party decide to avail services from an external provider, all costs, liabilities, and responsibilities from such engagement rest solely on the initiating party. Home Service Consulting, LLC and its subsidiaries will not provide reimbursements, refunds, or cover these costs in any circumstance.
If Client authorizes another person or Company (“Authorized Representative”) to communicate with Home Service Consulting or its subsidiaries on their behalf, any agreements made between the Authorized Representative and the Company, whether oral, written, or electronic, will be considered valid and accepted by the Client.
Non-payment of any fees or charges associated with the services provided by the Company does not release the Client from the terms and conditions outlined in any agreements entered into by the Client or any Authorized Representative on the Client’s behalf.
Legally Binding Communication
All communication between the Company and the Authorized Representative will be considered legally binding and accepted by the Client, regardless of the form of communication used.
Responsibility for Communication
Client assumes full responsibility for ensuring that all information provided by the Company to the Authorized Representative is received and understood by Client. Client shall remain responsible for fulfilling all obligations arising from agreements entered into by the Authorized Representative on their behalf.
Authorized Representative or Representative
For the purposes of this agreement, an authorized representative is defined as any person or entity whom the Client has “enabled” to communicate with our Company by informing them about the work performed or the possibility of work to be performed. By enabling this person or Company, the Client is not required to provide formal notice that the individual or entity is acting as their authorized representative. Suppose the representative communicates with our Company about any information related to our work or possible work with the Client. In that case, we will assume that the Client has authorized the representative to speak and act on their behalf. We strongly recommend that our clients carefully consider who they enable to contact our Company on their behalf by informing them of work performed or the potential of work to be performed, as the actions and communications of the authorized representative can legally bind the Client to any agreements or obligations resulting from such interactions.
The seller retains ownership of any equipment or materials provided until full payment is received. If payment is not made, the seller reserves the right to reclaim the equipment, and the Client is responsible for any associated removal costs.
We prioritize customer satisfaction by providing exceptional services. However, we wanted to make sure our customers understand our refund policy fully.
Please be aware that once the Client has consented to the service, all incurred fees are non-refundable. These fees may include, but are not limited to, charges related to travel, diagnostic, maintenance, repair, or installation. Consent can be provided in various ways, such as verbal agreement, written approval, signing of a service contract, digital acceptance via email or through our website, or any other form of affirmative action that indicates the Client’s agreement. Once consent has been given, it signifies the Client’s commitment to proceed with the transaction and is considered final.
We strongly encourage all clients to thoroughly review and understand their needs before consenting to any service. Our support team is always ready to address any questions or concerns you may have before giving your approval. Please ensure you fully comprehend the terms of our services and the associated costs before expressing your consent.
This policy applies comprehensively to all transactions made with Home Service Consulting, LLC and its subsidiaries.
In exceptional cases, the Company reserves the right to deviate from its refund policy at its sole discretion. If the Company chooses to offer a refund, the following procedure will apply:
- Upon requesting a refund, the Client agrees to cover any costs deemed necessary by the seller. This fee must be paid in advance of uninstallation.
- The Client acknowledges that, in most cases, the costs associated with uninstallation for refunds may equal or exceed the initial installation cost.
- The Client accepts full responsibility for any damage resulting from removing parts or equipment during the refund process.
- Payment for the refund invoice is due when the Client approves the work.
Please note that these discretionary refunds are subject to review and are not guaranteed. The Company will assess each case individually and determine whether a refund is appropriate based on the circumstances.
Once a client approves a part order, no refunds will be provided. All part orders are final.
If a client requests the cancellation of an ordered piece of equipment, a cancellation fee of $190.00 and a 10% restocking fee based on the total invoice/estimate cost will be applied.
As we operate a flat-rate pricing program, itemized invoices will not be provided to clients. By agreeing to these terms, the Client acknowledges this condition.
When installing a system, we will connect the new system to existing ductwork, electrical, and drainage unless otherwise specified. Our services do not include roofing, carpentry, drywall, stucco, concrete, tape/texture, paint, or other construction work. Clients must ensure access is available for system installation. This access must be safe, free of deadly bugs and animals, and clean and clear of any hazardous material. If access is unavailable, it must be provided. The owner is responsible for maintaining fire, tornado, and other necessary insurance policies. Any alterations or deviations from the quote resulting in extra costs will be billed additionally. All quotes are subject to change. If an engineer is required for installation, the Client must provide one and any necessary permits. We reserve the right to use whatever material we deem suitable for building. If you want a particular material used, this must be communicated to our Company before installation. Any request for changes after installation or approval will incur additional costs to the Client.
For any estimate, repair, or installation involving ductwork, please be aware that balancing dampers and air balancing are not included unless explicitly stated in the agreement. These services are considered separate items and will require an additional agreement and cost beyond the ductwork service provided.
While we ensure the correct size of ducts during installation, please note that air balancing and the installation of balancing dampers are not part of the standard service.
For air balancing and the installation of balancing dampers, a separate agreement and cost will be discussed and agreed upon before proceeding with the additional services.
Moreover, it’s important to note that we do not guarantee matching register or grill styles with any previously installed ones. The selection of new registers or grills will be based on availability and practicality.
By availing any of our ductwork services, you acknowledge and agree to these terms and conditions. For any further clarifications or additional services required, please consult with our team.
Limitations of Service
Our Company offers repair services for HVAC/appliance systems. While we endeavor to diagnose and address all issues, we cannot guarantee that our repairs will resolve every problem. Additional issues may arise after addressing an initial problem, even if they were not initially apparent.
Considering All Options
Clients are encouraged to consider all options when deciding on their HVAC/appliance systems. Replacing equipment may be more cost-effective than repairs. We recommend clients request a replacement quote from a technician before proceeding with any repair to assess their options fully. The Client is responsible for requesting a replacement quote.
Clients are responsible for deciding whether to proceed with recommended repairs. Our Company will provide an estimate for required repairs and any potential additional costs when requested. However, clients should understand that unforeseen circumstances may arise during the repair process, potentially necessitating further expenses. Clients are advised to carefully consider their decision to proceed with repairs and to communicate any questions or concerns to us beforehand.
Requesting Our Service
By requesting our service, you agree not to hold us liable for any damages resulting from the removal, uninstallation, diagnostics, installation, repair, or shutting off of your appliance(s). We will not cover the costs of any food, cookware, laundry, or other items associated with the diagnostics, installation, repair, or shut-off of your appliance(s). We have informed you that it is your responsibility, rather than ours, to ensure the accessibility of the equipment(s) and to have any shut-off devices turned off before our diagnostics, maintenance, or installation, as well as to verify that those devices are functioning correctly after we leave. By allowing us to work with your equipment(s), you request that we remove, uninstall, or shut off your equipment(s) to carry out the necessary work, understanding that there is potential damage. By permitting us to work on your equipment(s), you agree not to hold us responsible for any damages resulting from the removal, uninstallation, or shut off of the equipment(s) or the diagnostics, installation, or maintenance performed. For the purpose of these terms and conditions, appliance(s) is defined as any equipment the Client has us look at or work on.
Please be informed that an independent third-party financier administers financing for our services. Our Company does not have authority or influence over the terms and conditions of the financing, which are determined and managed by the third-party financier’s policies and approval process.
The Client hereby agrees and acknowledges that any attempt to retract, halt, or dispute the funds transferred from the financier to our Company will make the Client directly liable for settling any approved estimate or invoice with our Company. Upon such an attempt, the Client commits to remit payment directly to our Company for the approved estimate or invoice within a 24-hour window. In situations where the Client fails to make this payment, they agree to cover all legal fees resulting from this non-compliance with these terms and conditions.
Should disputes, disagreements, or issues arise in relation to the services provided by our Company, the Client commits to address and resolve these matters directly and exclusively with our Company. The Client agrees not to involve the third-party financier in these discussions.
By accepting these Terms and Conditions, the Client confirms their understanding and agreement to these provisions related to financing. These Financing Terms and Conditions are an integral part of the overarching Terms and Conditions agreed upon between the Client and the Company.
Payments are due upon receipt of the invoice. Late payments may be subject to a late fee of 1.5% per month or the maximum allowed by law, whichever is less. A $35 fee will be charged for any returned checks. If legal action is required to collect a payment, the Client will be responsible for all collection costs, including attorney and court costs.
Clients must provide at least 24 hours notice if they need to reschedule or cancel a service appointment. Please do so to avoid a cancellation fee of $50. Clients are responsible for providing access to the job site during the scheduled appointment time. The Client may be charged a trip fee if our technician cannot access the job site.
Limitation of Liability
In no event shall the Company be liable for any incidental, indirect, special, or consequential damages arising out of or in connection with the performance of the work, including but not limited to loss of use, loss of profits, loss of food or damage to property, except as otherwise provided by law. The Company’s liability for any claim related to the work performed shall not exceed the amount paid by the Client for the work in question. Home Service Consulting, LLC and all of its subsidiary’s liability is limited in all circumstances to the contract amount.
Neither party shall be liable for any failure or delay in performance under these terms and conditions due to unforeseen circumstances or causes beyond their reasonable control, including but not limited to acts of God,p pandemics, 3rd parties, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In such circumstances, the affected party shall be entitled to a reasonable extension of time to perform its obligations.
Suppose any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction. In that case, the remaining provisions shall continue in full force and effect.
These terms and conditions constitute the entire agreement between the parties with respect to the subject matter and supersede all prior or contemporaneous agreements, understandings, and representations, whether oral or written. An amendment or modification of these terms and conditions shall be effective only if in writing and signed by both parties.
These terms and conditions shall be governed by and construed in accordance with the laws of the state where the work is performed, without regard to its conflict of law principles. Any disputes arising out of or relating to these terms and conditions shall be resolved exclusively in the state or federal courts located in the state and county where the work is performed. This state is Arizona, and the County is Mohave County.
The Client agrees to indemnify, defend, and hold harmless the Company, its employees, agents, and subcontractors from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorney fees and costs, arising out of or in connection with the work performed under these terms and conditions, except to the extent such claims arise from the Company’s gross negligence or willful misconduct.
The Company shall maintain general liability insurance and workers’ compensation insurance as required by law. Proof of insurance coverage can be provided upon request. The Client is responsible for maintaining adequate property insurance to cover any potential damages caused by or resulting from the work performed by the Company.
In the event of a dispute arising out of or relating to these terms and conditions, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation before a mutually agreed-upon mediator. If mediation fails to resolve the dispute, either party may pursue legal remedies in accordance with the governing law provision above.
No waiver of any provision of these terms and conditions shall be deemed a continuing waiver or a waiver of any other provision, and the failure of either party to assert any right under these terms and conditions shall not constitute a waiver of such right.
All notices, requests, consents, and other communications under these terms and conditions shall be in writing. They shall be deemed delivered when personally delivered, sent by certified mail, return receipt requested, or sent by email or SMS to the addresses specified by the parties.
Breach of Terms and Additional Costs
The Client acknowledges that any breach of these Terms and Conditions that necessitates additional time or labor from our Company for resolution will result in additional charges to the Client. The Client agrees to compensate our Company for the extra time spent resolving such issues at a rate of $95.00 per hour.
Furthermore, suppose our Company requires supplemental resources to rectify a breach of these Terms and Conditions. In that case, the Client agrees to cover these costs in full, regardless of their nature or amount.
This agreement is subject to the laws of the state of Arizona. By accepting these Terms and Conditions, the Client consents to abide by all applicable Arizona laws and regulations. Any legal action related to this agreement shall be brought in the appropriate court within the state of Arizona.
The Client’s acceptance of these Terms and Conditions signifies their understanding and agreement to these terms related to breaches and additional costs. These terms form an integral part of the overall Terms and Conditions agreed upon between the Client and the Company. It should be noted that this provision is intended to be legally binding under Arizona law.
The Company is an independent contractor and not an employee, agent, or Client’s partner. Nothing in these terms and conditions shall be construed as creating an employer-employee relationship between the parties.
Neither party may assign or transfer its rights or obligations under these terms and conditions without the prior written consent of the other party, except that the Company may assign its right to receive payment without the Client’s consent.
Any provision of these terms and conditions that by its nature should survive termination or expiration shall survive, including but not limited to payment, indemnification, limitation of liability, and governing law provisions.
Both parties agree to keep confidential any proprietary or confidential information obtained from the other party during the course of work performed under these terms and conditions. Confidential information includes but is not limited to trade secrets, business plans, client lists, financial data, pricing, terms and conditions, and any other information not generally known to the public. This obligation shall continue for two (2) years following the termination or completion of the work.
The Company shall take reasonable precautions to ensure the safety of its employees, agents, and subcontractors during work performance. The Client shall also take reasonable steps to ensure the safety of the Company’s personnel while they are on the Client’s property.
Defining Defects and Non-Conformities & Acceptance of Work
Defects or non-conformities are strictly viewed as any element that was outlined word for word in a written estimate or invoice but was not carried out during the actual work process. This definition excludes anything not explicitly documented in the written estimate or invoice.
The Client’s perception of what should have been included but was not explicitly mentioned in the approved estimate or invoice will not be considered a defect or non-conformity. Only tasks or items that were spelled out in the estimate or invoice and were not accomplished will be identified as defects or non-conformities.
This provision is designed to ensure that the scope of work remains consistent with what has been agreed upon in the approved estimate or invoice, thereby eliminating the possibility of newly introduced elements being classified as defects or non-conformities due to their non-execution.
Upon the completion of the work, it is the Client’s responsibility to review the work and either accept it or alert the Company of any defects or non-conformities. If the Company does not receive notification of any defects or non-conformities within three (3) days following the completion of the work, the work shall be considered as accepted by the Client.
Either party may terminate these terms and conditions upon written notice to the other party if the other party breaches any material term or condition and fails to cure such breach within thirty (30) days after receipt of written notice thereof. In addition, the Company may terminate these terms and conditions immediately upon written notice to the Client if the Client fails to make any payment when due.
These terms and conditions may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.
The headings in these terms and conditions are for convenience only and shall not affect the interpretation or construction of any provision hereof.
“Definition of Client
A ‘Client’ is defined as any individual, business, or entity that interacts with or utilizes any of our resources. This includes but is not limited to, engagement with our platforms, personnel, or any other resources we provide. The utilization of our resources encompasses a wide range of purposes. It is not solely restricted to activities such as inspection, maintenance, repair, installation, or removal of heating, ventilation, air conditioning, or appliance systems.”
Scope of Terms and Conditions
These terms and conditions apply universally to all subsidiaries under the portfolio of the holding Company, Home Service Consulting, LLC. Any utilization of resources offered by any subsidiary of Home Service Consulting, LLC signifies the Client’s acceptance of these terms and conditions in their entirety.
Definition of Resources
In this context, ‘resources’ refers to any products, services, tools, personnel, or intellectual property provided by Home Service Consulting, LLC or its subsidiaries. This may include, but is not limited to, consulting services, physical goods, digital products, human resources, proprietary methodologies, and other offerings.”
Agreement and Use of Resources
By deciding to utilize our resources, which includes but is not limited to interactions with our personnel or systems, Clients implicitly accept these Terms and Conditions. This agreement stands even without explicit verbal or written confirmation. Actions such as clicking the ‘Approve’ button or providing a signature are acknowledged as acceptance of these terms. However, it should be understood that any utilization of our resources inherently signifies an agreement to these non-negotiable Terms and Conditions. To discontinue this agreement, all communication with our Company must cease. Opting out does not nullify prior engagements and will only influence future interactions.
Our commitment is to deliver high-quality resources and work closely with Clients to ensure their satisfaction. This non-negotiable agreement is legally binding and forms an integral part of the overall contract between the Client and the Company. By leveraging our resources, Clients confirm their acceptance of these terms and their commitment to adhere to them.