Terms and Conditions: Service/Install
Welcome to ThermoPro Heating & Air Conditioning LLC!
IMPORTANT; PLEASE READ BEFORE CONTINUING: The Terms and Conditions are likewise delineated on the service invoice delivered to you via email. The Terms and Conditions accessible through the link provided to customers on the invoice constitute the definitive agreement. Should there be any variance between the information presented in the website service/install terms and the Terms on your signed invoice, the version you endorsed shall prevail over this document. The information provided herein serves solely informational purposes. Current as of: 03/22/2024-Present
Terms 1; Service Terms and Conditions
Terms 2; Sales/Installation Terms and Conditions
-----------------SERVICE------------------
ThermoPro HVAC Service Repair Terms and Conditions
These Terms and Conditions govern all service repair calls provided by ThermoPro. By scheduling service, you agree to these terms. 'Payment Process' includes agreement to the proposal and payment thereof.
Section 1; Service Call Requests
- All service calls must be scheduled via our customer service office, management, or online portal.
- Appointments are subject to availability. Pro Members receive priority scheduling.
Section 2; Service Charges
- Flat-Rate Pricing: The price we quote is the price you pay. If additional issues arise, we will notify you immediately. No additional work will be performed without your approval.
- Diagnostic Charge: A standard diagnostic charge is due at time of service.
- After-Hours Charges: Extra charges apply for services outside regular business hours.
Section 3; Payment Terms
- Payment is due at the time of service unless otherwise arranged.
- Accepted Payments: Cash, credit/debit cards (fees may apply), Venmo.
- Large Repairs (over $1,000) may require a 50% deposit.
- Late Payment: Late fees apply. We may pursue various legal options, including collections and recovery of administrative/legal fees.
Section 4; Cancellations & Rescheduling
- 24-hour notice is required for large jobs.
- $75 fee for cancellations before arrival.
- If canceled after arrival, a 15% fee of the estimated repair cost or $109 minimum (whichever is greater) will be charged.
Section 5; Customer Responsibilities
- An adult (18+) must be present unless otherwise arranged.
- If customer is not home, pets must be secured.
- Customer is responsible for timely access or delays may result in fees.
Section 6; Quality Assurance & Liability
- Quality Parts Promise: Most parts carry a 1-year guarantee.
- Pro Members receive 2-year coverage on parts.
- Workmanship Guarantee: Labor is covered under your estimate’s terms.
- Not covered: Misuse, tampering, accidents, etc.
- ThermoPro is not liable for incidental or indirect damage due to repairs.
Section 7; Service Limitations
- Specialty services may carry additional fees.
- Diagnostic time is up to 45 minutes. Anything longer may incur extra charges with your approval.
- ThermoPro may decline service due to unsafe conditions, non-payment, or illegal activity.
Section 8; Privacy Policy
- We only collect necessary information for service and communication.
- Your data is never sold or shared without consent.
- Systems run on Housecall Pro with Amazon Web Services and AES-256 encryption.
- Card decryption is securely separated.
- Requests for data changes must be submitted in writing (30-day processing).
Section 9; Governing Law
- Governed by the laws of Ohio and U.S. federal law.
- If any part of this agreement is invalid or unenforceable, it will be replaced with the closest lawful alternative to maintain the agreement’s intent.
Section 10; Modifications
- ThermoPro may change these terms at any time without notice. Customers are responsible for reviewing updates before approving service.
Section 11; Ownership & Non-Payment
- ThermoPro retains ownership of parts/materials until full payment is received.
- Failure to pay may result in late fees, administrative/legal cost recovery, transfer to collections, and various legal actions in accordance with Ohio law.
Section 12; Acknowledgment
- By scheduling or paying for service, you accept these Terms and Conditions.
---------------------SALES/INSTALLATION---------------------
2.0 Sales/Installation Terms and Conditions:
All Installation/Sales Customers understand and agree to review both the service terms and conditions and the sales/installation terms and conditions, as they are bound by all provisions in both sets of terms. By signing and agreeing to any sales and service agreement, customers also consent to the terms outlined in the privacy policies, governing law, data security policies, and other conditions referenced within the service terms and conditions. These conditions may or may not be reiterated in the installation/sales policies, but by signing, customers acknowledge and accept them.
2.1 Scope of Work:
ThermoPro Heating and Air Conditioning (hereinafter referred to as "ThermoPro") agrees to provide heating and air conditioning installation services to the customer (hereinafter referred to as "Customer") as outlined in the attached estimate or proposal.
2.2 Estimate Validity:
The estimate provided by ThermoPro is valid for a period of 30 days from the date of issuance. Prices are subject to change after this period.
2.3 Payment Terms:
2.3.1 The customer agrees to adhere to the payment terms outlined in the estimate or proposal provided by ThermoPro. A down payment of 50% is required upon acceptance of the proposal. Equipment and materials will not be ordered, nor will installation be scheduled until the down payment is received, except for customers utilizing financing options. For customers opting for financing, a signed finance agreement through our finance partners is mandatory in lieu of the down payment.
2.3.2 Payment in full is expected upon completion of the installation and must be made on-site, unless otherwise agreed upon in writing and at the discretion of ThermoPro. Failure to remit payment within the agreed-upon terms will result in a 5% late charge, compounded from the time of the first missed payment, up to 90 days, and 3% thereafter Failure of payment in this section is subject to Section 1.11.1 of the Service agreement (Found above).
2.4 Change Orders:
Any changes to the scope of work requested by the Customer after the agreement has been signed may result in additional costs. Customer acknowledges that they are responsible for any additional costs incurred due to such changes.
2.5 Cancellation Policy:
In the event that the Customer wishes to cancel the agreement after signing, a cancellation fee may apply. The nonrefundable deposit will be up to 20% of the approved amount of the job covering loss of labor wages, equipment costs, material costs, administrative costs and other business losses. This covers the loss of production and is not a punitive fee for cancellation, and to the best of our knowledge adheres to all applicable state laws.
2.6 Warranty:
A. ThermoPro provides a warranty on parts and labor for a period of 1 year from the date of installation, unless otherwise noted in the agreement. This warranty does not cover damages resulting from misuse, neglect, or unauthorized repairs. In the event of misuse, neglect, or unauthorized repairs from another company or any additional party including homeowner or any individual not employed by ThermoPro will, under discretion of ThermoPro, retroactively cancel all coverage of the Warranty.
B. Scope of Workmanship Warranty:
Our warranty specifically covers the installation process carried out by our technicians. If any issues arise due to faulty installation practices, we will rectify them at no additional cost to you.
C. Exclusions from Workmanship Warranty:
This warranty does not cover failures of system components or parts unrelated to the installation conducted by ThermoPro. Labor costs for repairs or replacements of such components may be chargeable.
D. Discretion of Coverage:
Coverage under this warranty is at the sole discretion of ThermoPro. We will assess each claim to determine if it falls within the warranty's scope.
E. Refrigerant Policy:
Neither the workmanship warranty nor the labor warranty covers refrigerant. Any costs associated with refrigerant replacement or recharge are the customer's responsibility.
F. How to Claim Warranty Service:
To initiate a warranty claim, please contact our office. Proof of installation date and warranty terms may be required to process your claim.
G. Limitations and Liability:
This warranty is valid only for the original purchaser of the HVAC system installation and is non-transferable. Our liability under this warranty is limited to the repair of defective workmanship determined by ThermoPro.
H. Modifications to Warranty Terms:
ThermoPro reserves the right to modify the terms of this warranty at any time without prior notification to the customer. Changes will be effective immediately upon posting the updated terms on our website or providing them in another accessible manner including housecall pro database (accessible by provided emails and online)
I. Excessive Use of Warranty:
ThermoPro strives to deliver excellent customer service and may occasionally offer services beyond the scope of the agreed-upon work or coverage of our workmanship warranty as a gesture of goodwill (refer to the Complimentary Service section). Please note that these complimentary services do not establish a precedent for future warranty claims. Excessive or unreasonable use of ThermoPro's warranty may result in the cancellation of your warranty altogether.
2.7 Limitation of Liability:
ThermoPro shall not be liable for any damages, including but not limited to, incidental or consequential damages, arising out of or in connection with the installation, use, or performance of the heating and air conditioning system. ThermoPro shall not be liable for any damages including not maintaining the system properly (Refer to Misuse).
2.8 Complimentary services or products:
On occasion ThermoPro may offer a complimentary maintenance service. This service is complimentary and not a paid or included part of the installation agreement. ThermoPro has a right to cancel or no longer offer any maintenance agreement that was complimentary at any time. On occasion, ThermoPro may offer another complimentary service or product. Any product or service included with an offer is not a part of the scope of work, was not paid for and is not required to be included with the offer.
2.9 Ownership of Materials:
All materials supplied by ThermoPro shall remain the property of ThermoPro until full payment has been received from the Customer. (See Section 11 in service terms)
2.10 Indemnification:
Customer agrees to indemnify and hold harmless ThermoPro from any claims, damages, or liabilities arising out of or in connection with the installation services provided under this agreement.
2.11 Governing Law:
This agreement shall be governed by and construed in accordance with the laws of the state of Ohio, without regard to its conflict of law provisions. (See Governing law in service terms) Any terms to be found not within accordance to the laws of the state of Ohio, shall be null and void.
12. Entire Agreement:
This agreement constitutes the entire understanding between ThermoPro and the Customer with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings, whether written or oral.
13. Service Terms Vs. Install Terms
In the event, The terms outlined within the installation terms conflicts with terms in the service section; Terms outlined in the Service agreement take precedent over installation terms.