Terms and Conditions for WARD HEATING AND AIR LLC

WARD HEATING & AIR LLC

Client Acknowledgment: By availing themselves of our services, clients acknowledge that they have read, understood, and agreed to these terms and conditions, including the release of liability.

The Terms and Conditions of product sales and service are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. If any part or portion of these terms and conditions are deemed not legal or applicable By a  court or arbitration the remainder of the terms and conditions stay in full effect and only that portion shall be void/removed and the remainder will continue to be valid and enforceable. accepting delivery of the products or by engaging Ward Heating & Air LLC (“Seller”) to provide product(s) or perform or produce any services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Seller have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either “Terms and Conditions” or this “Agreement.” The customer accepts these Terms and Conditions by making a purchase from or placing an order with Ward Heating & Air LLC or engaging Seller to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Seller’s Site at the time Customer signs the Proposal/contract/work order will govern unless otherwise agreed in writing by Seller and Customer.

Ward Heating & Air LLC is/shall not be held responsible for damage to Customer’s personal property left in or near the project area.

Credit Card Chargebacks, canceled Checks, and refusal to pay police

Any Chargebacks, Refusal to pay, or Returned Checks may be charged a fee of $100.00 every two weeks until the balance owed/due is paid. Any balance not paid, Due to a chargeback/canceled checks/Refusal to pay for services rendered may have the following actions taken: A certified letter outlining the actions that will be taken following a Chargeback or a canceled Check, A Police Report For Theft Of Service, A Property Lean placed on the owner's House/Property that work was performed at, Legal action in court, removal of any equipment before leaving the property and charged for the labor at a rate of $125 or currant rate an hour whichever is more plus the labor for the time original to the job and any unreturnable equipment. any cost related to the collection attempts shall be added to the total owed including any legal fees, postage, loss of income, bank fees, or any other cost incurred.

Credit Card fees and Returned Checks

Payment Methods: We accept various payment methods, including credit/debit cards, checks, and electronic transfers, for HVAC services provided by [WARD  HEATING & AIR LLC].

Credit Card Payments: When using credit or debit cards for payments, a processing fee of [3.5% for swipe/dip/tap and 4% for manual entry of card numbers] may be applied to cover transaction charges. This fee will be clearly communicated before the payment is processed.

Property Lien for Unpaid Balances: Unpaid balances will result in the placement of a property lien. WARD HEATING & AIR LLC reserves the right to pursue other legal avenues available to recover the unpaid amount. the customer will be responsible for any and all collections /fees /legal fees or costs to attempt to collect the balance due that will be added to the total amount

Cancellation Policy: Job cancellation requires a minimum of two (2) days' notice from the customer for a refund. If materials or equipment have been ordered, a restocking fee will be deducted, and non-returnable items/materials Shall be forfeited.

Work Environment Requirements: A safe work environment is required for any work to commence. If any dangerous animals are present at the job site (to be determined by WARD HEATING & AIR LLC), they must be properly secured. The customer agrees to keep any pets/animals under their control/in the home or yard confined and at a safe distance failure to do this the customer will be held liable for any property damage or injury sustained by Ward Heating & AIR LLC and employees to be made whole by customer and or insurance on the home

Ward Heating & Air LLC does not honor any coupon deals or specials for any third-party warranty customers or customers that are acquired from a third-party warranty company (IE: Home warranties, and labor warranties not sold by Ward Heating & Air LLC) under any circumstance. the customer shall pay in full the original full price upon completion of any work as long as the customer is under the third-party warranty coverage no deal or special price/coupon is valid for them.   

Ward Heating & Air LLC is not responsible for any painting, patchwork, or repair work that may be required following modification/installation work unless previously agreed upon in the signed proposal.

Ward Heating & Air LLC shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold. The discovery and/or removal of any mold or any hazardous materials is excluded from the scope of Seller’s work, and Seller reserves the right to stop work until such mold or hazardous materials are removed. 

Ward Heating & Air LLC is not responsible for any problems with heating or cooling due to the existing line set, which may require repair and replacement for an additional cost to the Customer in the event Ward Heating & Air LLC is unable to pull a 500-micron vacuum on an existing line set. Should the Customer reject the Seller’s recommendation to replace an existing line set, Seller’s limited warranty is voided.

Risk of loss shall pass to the Customer upon delivery of materials and equipment to the Customer’s Property. Ward Heating & Air LLC shall not be responsible for any loss due to fire, theft, vandalism, acts of GOD, and/or malicious mischief once delivered to Customer’s Property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.

Ownership of Equipment and Supplies: All equipment and supplies provided by WARD HEATING & AIR LLC remain the property of the company until full payment is received. In the event of non-payment, WARD HEATING & AIR LLC reserves the right to remove any equipment/supplies/tools, and the company shall not be held liable for any resulting damages. Any deposit made will be considered forfeited/nonrefundable.

. 

Loss of Utilities: WARD HEATING & AIR LLC will not be held responsible for any damages resulting from the loss of electric power or gas during any part or the entirety of the job that has been turned off to safely work.

Job Site Facilities: WARD HEATING & AIR LLC and all employees will be provided a bathroom for use during the job unless otherwise agreed upon.

Acceptance of Terms: By accepting a bid/estimate/hiring the client (you) agree to have work done/completed by WARD HEATING & AIR LLC, customers acknowledge and agree to be bound by these terms and conditions.

 Carbon Monoxide Safety

Ward Heating & Air LLC only certifies the presence or lack of carbon monoxide at the time of the visit if/when tested for using a CO detector/monitor customer agrees that if the equipment is turned off due to unsafe conditions Ward Heating & Air LLC shall have no liability if the equipment is turned back on for any reason by anyone other than Ward Heating & Air LLC.and proven to be safe by us and recommissioned at customers expense. Ward Heating & Air LLC will not be held liable for malfunctioning equipment used to test for CO (carbon monoxide) every effort will be taken to avoid any malfunctions but can not be held responsible for mechanical/sensor failure.

Carbon Monoxide Awareness: As an HVAC service provider, we prioritize the safety and well-being of our customers. We acknowledge the dangers associated with carbon monoxide (CO) emissions and strive to inform our clients about potential risks.

Inspection and Maintenance: We recommend regular inspection and maintenance of all heating systems, vents, and chimneys to ensure they function efficiently and safely, minimizing the risk of CO leaks.

CO Detectors Installation: We strongly advise the installation of carbon monoxide detectors in appropriate locations within the premises, following manufacturer guidelines. These detectors serve as an additional layer of protection against CO exposure.

Client Responsibility: Customers are responsible for maintaining a suitable environment for the proper functioning of installed HVAC systems. This includes keeping vents unobstructed and ensuring adequate ventilation.

Limitation of Liability: While we take utmost care and diligence in our services, we cannot be held liable for unforeseen CO leaks due to pre-existing conditions, lack of maintenance, or misuse of HVAC systems.

Emergency Response: In the event of a suspected CO leak, clients are advised to evacuate the premises immediately and contact emergency services. Our company should also be informed promptly to inspect and rectify the issue.

Professional Services: Our HVAC company commits to providing professional and qualified services, including the identification and rectification of potential CO-related issues, following industry standards and best practices.

Terms and Conditions and Release of Liability

This document outlines the terms and conditions as well as a release of liability governing the services provided by [HVAC Company Name]. By engaging our services, you agree to the following:

Service Scope: Our HVAC services encompass installation, repair, maintenance, and inspection of heating, ventilation, and air conditioning systems.

Professional Service: We commit to delivering professional and competent services in line with industry standards and best practices.

Limitation of Liability: While we strive for the utmost accuracy and care in our services, [HVAC Company Name] cannot be held liable for:

a. Any damages, losses, or injuries resulting from pre-existing conditions, improper maintenance, acts of God, utility company issues/problems, or misuse of HVAC systems.

b. Any indirect, incidental, or consequential damages arising from our services.

c. The failure of third-party equipment or components integrated into the HVAC systems.

Client Responsibility: Clients are responsible for providing accurate information regarding their HVAC systems, ensuring accessibility to the equipment for servicing, and maintaining a safe environment for our technicians during service visits.

Release of Liability: By engaging Ward Heating & Air LLC for services, clients hereby release, waive, and discharge Ward Heating & Air LLC, its employees, and representatives from any liability, claims, demands, actions, or causes of action arising out of or related to our services, except in cases of gross negligence or willful misconduct.

Indemnification: Clients agree to indemnify and hold harmless Ward Heating & Air LLC from any liabilities, costs, damages, and expenses, including legal fees, arising from their breach of these terms or any negligent act or omission on their part.

Insurance: Ward Heating & Air LLC maintains appropriate liability insurance. However, clients are encouraged to maintain their insurance coverage for their property and equipment.

Dispute Resolution: Any disputes arising from these terms and conditions shall be resolved through mediation or arbitration in accordance with Local laws.

Modification of Terms: Ward Heating & Air LLC reserves the right to modify these terms and conditions at any time. Clients will be notified of any changes, and continued use of our services will imply acceptance of the updated terms.

Red Tag Procedure - Equipment Shut Off

In situations where our technicians identify a critical safety concern with your HVAC system, the equipment may be red-tagged. This involves shutting off the HVAC system due to identified hazards that pose an immediate threat to safety. The following terms apply

:

Red Tagging Authority: Our technicians have the authority granted by the client by engaging/hiring us [Ward Heating & Air LLC] to red-tag HVAC equipment if they identify any condition that poses an immediate threat to life, health, or property. if difficulty/refusal arises with clients the appropriate utility company will be contacted to turn utilities off for safety.

.

Reasons for Red Tagging: Red tagging may occur due to, but not limited to, the following reasons:

a. Presence of carbon monoxide leaks or high levels detected.

b. Improper installation, malfunction, or severe damage to the HVAC system.

c. Any other condition deemed hazardous by our technicians.

Client Notification: In the event of red tagging, our technicians will notify the client immediately and explain the reasons for the red tag. The HVAC system will be shut off until the identified issues are resolved.

Resolution of Issues: It is the client's responsibility to address the concerns highlighted during red tagging. Repairs, replacements, or necessary corrective actions must be completed by licensed professionals before the red tag is removed.

Liability Waiver: [WARD HEATING & AIR LLC] shall not be held liable for any damages, injuries, or inconveniences resulting from the red tagging and subsequent shutdown of the HVAC system.

Clearance for Re-Activation: After the identified issues are resolved, a licensed technician must clear and remove the red tag before reactivating the HVAC system.

Client Acknowledgment: Clients acknowledge that red tagging is conducted for safety purposes and agree to promptly address the identified concerns to ensure the safe operation of their HVAC systems

Authorization: By providing credit/debit card information, clients authorize WARD HEATING & AIR LLC to charge the agreed-upon amount for services rendered, including any applicable fees.

Returned Checks: In the event of a returned check due to insufficient funds or any other reason, a fee of [$100] will be charged to cover bank charges and administrative costs.

Payment Obligation: Clients are responsible for ensuring that sufficient funds are available in their accounts for check payments and that credit/debit card details provided are accurate and up to date to avoid any fees or penalties.

Fee Disclosure: All credit card fees and returned check charges will be clearly outlined on invoices or communicated to the client before the payment is processed.

Failure to Pay: Failure to clear outstanding payments, including fees for returned checks or credit card charges, within the specified period may result in additional late payment penalties of 2% per month in addition to other fees and/or legal actions to recover the owed amount.

Right to Modify Fees: Ward Heating & Air LLC reserves the right to modify credit card fees or returned check charges without prior notice to clients. Continued use of our services after fee modifications will imply acceptance of the updated terms.

Dispute Resolution: Any disputes related to credit card charges, returned check fees, or payments shall be resolved in accordance with the laws of Pennsylvania through mediation or arbitration.

Client Acknowledgment: By utilizing our services and making payments through credit/debit cards or checks, clients acknowledge having read and agreed to these terms related to fees and charges associated with payment methods.

Photography Release and Use of Equipment Pictures

Photography Permission: WARD HEATING & AIR LLC may take photographs or videos of HVAC equipment, installations, or work completed during service for documentation, marketing, or promotional purposes unless explicitly denied by the customer in writing.

Purpose of Photography: The pictures or videos may be used for marketing materials, including but not limited to the company website, social media, advertising, brochures, or other promotional materials.

Customer's Rights: Customers retain ownership and copyright of their property, and WARD HEATING & AIR LLC will not sell or transfer these images/videos to third parties without explicit consent.

Non-Commercial Use: WARD HEATING & AIR LLC agrees not to use the images/videos for any purpose other than those outlined for marketing and promotional activities related to the company's services, without specific permission from the customer.

Anonymity Request: Customers who wish to remain anonymous or have their property excluded from promotional materials may submit a written request to WARD HEATING & AIR LLC.

Confidentiality and Privacy: WARD HEATING & AIR LLC will exercise caution to protect sensitive information, avoid disclosing identifiable personal details, and respect customer privacy when using images/videos for promotional purposes.

Release of Liability: Customers releasing images/videos to WARD HEATING & AIR LLC for marketing purposes agree to release the company from any liability related to the use of these materials, including but not limited to claims of misuse or infringement.

Withdrawal of Consent: Customers have the right to withdraw their consent for the use of images/videos by providing written notice to WARD HEATING & AIR LLC. However, any materials already in use may continue to be utilized as per prior agreements.

Agreement Acknowledgment: By engaging WARD HEATING & AIR LLC's services, customers acknowledge having read and understood these terms and agree to the use of images/videos as outlined herein.

Warranty Terms and Conditions

Scope of Warranty: WARD HEATING & AIR LLC warrants that all services provided and labor performed shall be free from defects in workmanship for a period of [365 DAYS](unless otherwise agreed to by WARD HEATING & AIR LLC in writing) from the date of completion of the service, subject to the terms and conditions herein.

Equipment and Parts Warranty: Equipment and parts installed by WARD HEATING & AIR LLC are covered by the manufacturer's warranty. Any defects in equipment or parts fall under the manufacturer's warranty terms. Labor for repair or replacement of these parts is covered separately by WARD HEATING & AIR LLC under these terms and conditions.

Coverage: This warranty covers labor costs incurred by WARD HEATING & AIR LLC for the repair or replacement of any defective parts or workmanship-related issues encountered during the warranty period.

Exclusions: This warranty does not cover damages caused by:

-. Improper maintenance or misuse of the HVAC system.

- Failure to follow recommended operating or maintenance procedures.

- Alterations or modifications made by parties other than WARD HEATING & AIR LLC.

- Acts of nature or external factors beyond the control of the company.

Annual Servicing Requirement: To maintain the validity of the labor warranty provided by WARD HEATING & AIR LLC, customers agree to have the installed equipment serviced and maintained annually by the company. Failure to do so may void the labor warranty by Ward Heating & Air LLC or any third-party warranty we contract with or sell.

Notification of Defect: Customers must notify WARD HEATING & AIR LLC promptly upon discovering any potential defect covered under this warranty. Failure to do so may void the warranty.

Remedies: Upon notification of a covered defect during the warranty period, WARD HEATING & AIR LLC will, at its sole discretion, cover labor costs for repair or replacement of the defective part or rectification of workmanship issues.

Limitation of Liability: The liability of WARD HEATING & AIR LLC under this warranty is limited to the labor costs associated with the repair or replacement of defective parts or rectification of workmanship issues as stated herein. The company shall not be liable for any incidental or consequential damages.

Voiding of Warranty: Any unauthorized modifications or repairs by parties other than WARD HEATING & AIR LLC may void this labor warranty.

Transferability: This labor warranty is non-transferable and applies only to the original customer who engaged WARD HEATING & AIR LLC's services. any manufacturer warranty falls under their terms and conditions and has no bearing on these terms and conditions or guarantee from Ward Heating & Air LLC. on the transferability of warranty.

Heating and Cooling Referral Program Terms and Conditions

 Eligibility:

The Program is open to all who are legal residents OF THE UNITED STATES and at least 18 years of age.

Referees must be new customers to WARD HEATING & AIR LLC and must not have engaged with WARD HEATING & AIR for services prior to the referral.

 Referral Process:

Referrers can refer potential customers by contacting WARD HEATING & AIR LLC directly.

Referees must mention the Referrer's name and contact information at the time of booking their service appointment with WARD HEATING & AIR LLC.

The reward will be sent to the referrers after the service and or installation is complete and cleared.

 Rewards:

Referrers will be eligible to receive a reward for each successful referral made, as determined by WARD HEATING & AIR LLC.

Rewards may vary and will be communicated to Referrers upon successful completion of the referral.

Rewards may include but are not limited to discounts on future services, gift cards, or other promotional items.

Rewards are non-transferable and may not be exchanged for cash.

 Program Administration:

WARD HEATING & AIR LLC reserves the right to modify, suspend, or terminate the Program at any time without prior notice.

WARD HEATING & AIR LLC also reserves the right to disqualify any participant found to be engaging in fraudulent or abusive behavior.

Decisions regarding eligibility, rewards, and all other aspects of the Program made by WARD HEATING & AIR LLC are final and binding.

 Limitation of Liability:

WARD HEATING & AIR LLC is not responsible for any lost, late, misdirected, or incomplete referrals, nor for any technical malfunctions that may occur during the referral process.

By participating in the Program, Referrers and Referees agree to release and hold harmless WARD HEATING & AIR LLC, its affiliates, officers, directors, employees, and agents from any and all claims, damages, or liabilities arising from or related to participation in the Program.

Governing Law:

These terms and conditions shall be governed by and construed in accordance with the laws of Pennsylvania, USA, without regard to its conflict of law principles.

 Contact Information:

For questions or concerns regarding the Program, please contact WARD HEATING & AIR LLC at (412) 629-3391.

By participating in the  Referral Program, Referrers and Referees agree to abide by these terms and conditions.

Last Updated: 02/10/2024

Dispute Resolution: Any disputes arising from this warranty shall be resolved in accordance with the laws of PA through mediation or arbitration.

Any 3rd party warranty is not the responsibility of Ward Heating & Air LLC we will not be held to honor any warranty not initiated or issued by us unless we are under contract with the 3rd party to honor a labor warranty for no more than 90 days.

Modification of Terms: WARD HEATING & AIR LLC reserves the right to modify these warranty terms and conditions with prior notice to clients. Continued use of our services after modifications will imply acceptance of the updated terms.

Client Acknowledgment: By engaging WARD HEATING & AIR LLC's services, clients acknowledge that they have read, understood, and agreed to these warranty terms and conditions.