Terms and Conditions for WARD HEATING AND AIR LLC

WARD HEATING & AIR LLC Terms and Conditions Last Updated: 04/30/2025

Acceptance of Terms By accepting a bid, estimate, or hiring WARD HEATING & AIR LLC, the client acknowledges and agrees to be bound by these Terms and Conditions. All home improvement contracts, as defined by the Pennsylvania Home Improvement Consumer Protection Act (HICPA), must be in writing and comply with 73 P.S. § 517.7. A written contract will be provided to the client, including all required disclosures, before work begins. All contracts will be signed by both the Customer and an authorized representative of WARD HEATING & AIR LLC before work commences, as required by 73 P.S. § 517.7.

Client Acknowledgment By engaging WARD HEATING & AIR LLC's services, clients acknowledge that they have read, understood, and agreed to these Terms and Conditions, including the release of liability, as outlined herein.

Scope of Agreement These Terms and Conditions govern all product sales and services provided by WARD HEATING & AIR LLC ("Seller"). Any additional or different terms proposed by the client ("Customer") are rejected unless expressly agreed to in writing by Seller. If any provision of these Terms and Conditions is deemed unenforceable by a court or arbitrator under Pennsylvania law, the remaining provisions shall remain in full effect. By accepting delivery of products or engaging Seller to provide services, Customer agrees to these Terms and Conditions unless a separate written agreement, signed by both parties, governs. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions in effect at the time Customer signs the contract or work order will govern unless otherwise agreed in writing.

Contract Requirements All home improvement contracts will be in writing, legible, and signed by both the Customer and an authorized representative of WARD HEATING & AIR LLC before work commences. Contracts will include: (a) the full name (WARD HEATING & AIR LLC), address (3594 Old Butler Rd, New Castle, PA 16101), and phone number (412-629-3391) of Seller; (b) Seller’s HICPA registration number (#PA184619); (c) the date of signing; (d) a detailed description of the work and principal materials; (e) the total sales price or time-and-materials breakdown; (f) approximate start and completion dates; and (g) details of Seller’s liability insurance, including coverage amount and insurer name, as required by 73 P.S. § 517.7(a).

Responsibility for Personal Property WARD HEATING & AIR LLC is not responsible for damage to Customer’s personal property left in or near the project area, provided such damage is not caused by Seller’s negligence.

Subcontractor Use WARD HEATING & AIR LLC may engage licensed and insured subcontractors to perform specific services. Subcontractors are held to the same quality and safety standards as our employees. Seller remains responsible for the overall performance of the contract, but is not liable for subcontractor actions beyond the scope of their assigned tasks, except in cases of gross negligence.

Change Orders Any modifications to the agreed scope of work, including additional services or materials, must be documented in a written change order signed by both parties. Seller will provide an updated cost estimate and timeline for the change. Work on the modified scope will not commence until the change order is approved by the Customer.

Payment Terms and Fees a. Payment Methods: Seller accepts credit/debit cards, checks, and electronic transfers for HVAC services. b. Credit Card Fees: A processing fee of 3.5% for swipe/dip/tap transactions and 4% for manual card entry may be applied. Fees will be disclosed before payment is processed, as required by Pennsylvania law. c. Returned Checks: A $35 fee will be charged for returned checks due to insufficient funds or other reasons, consistent with Pennsylvania’s reasonable fee standards. d. Authorization: By providing payment information, Customer authorizes Seller to charge the agreed-upon amount, including applicable fees, for services rendered. e. Failure to Pay: Unpaid balances may accrue late payment penalties of 1.5% per month, as permitted by Pennsylvania law. Seller reserves the right to pursue legal remedies, including filing a mechanics’ lien under Pennsylvania’s Mechanics’ Lien Law (49 P.S. § 1101 et seq.), for unpaid amounts. Customer is responsible for all collection costs, including reasonable legal fees, as permitted by law. f. Theft of Services: Intentional refusal to pay for services rendered after completion of work may constitute theft of services under Pennsylvania law (18 Pa.C.S. § 3926). In such cases, Seller may take actions including, but not limited to, sending a certified letter outlining the outstanding balance and intent to pursue legal action, filing a police report for theft of services, and initiating civil proceedings to recover the owed amount. Customer will be responsible for all related costs, including legal fees, court costs, and any additional penalties as permitted by law. g. Payment Due Date: Payment for services is due upon completion of the work unless otherwise specified in the written contract. Invoices will be provided to Customer at the time of service or within five (5) business days, detailing all charges, including labor, materials, and applicable fees. h. Fee Modifications: Seller reserves the right to modify fees with notice to Customer. Continued use of services after fee changes implies acceptance of the updated terms. i. Deposits: Deposits for home improvement contracts will not exceed one-third of the contract price, plus the cost of special-order materials, unless the Customer agrees in writing to a higher amount, as permitted by 73 P.S. § 517.7(c). All deposits will be specified in the contract.

Property Lien for Unpaid Balances Unpaid balances may result in a mechanics’ lien on the Customer’s property, filed in accordance with Pennsylvania’s Mechanics’ Lien Law. Seller will provide notice of intent to file a lien as required by 49 P.S. § 1501. Customer is responsible for all costs associated with lien enforcement, including legal fees.

Cancellation Policy Customers may cancel a home improvement contract within three (3) business days of signing, as required by the Pennsylvania Home Improvement Consumer Protection Act (HICPA, 73 P.S. § 517.7), by delivering written notice to Seller, with a full refund issued within ten (10) business days. For cancellations outside the three-day period, a minimum of two (2) days’ notice is required for a full refund. If materials or equipment have been ordered, a restocking fee may be deducted, and non-returnable items shall be forfeited. Seller will provide a written cancellation policy in the contract, including the three-day rescission notice, contact information for cancellations, and a rescission form, as mandated by HICPA.

Work Environment Requirements A safe work environment is required for work to commence. If dangerous animals are present, as determined by Seller, they must be secured or confined to ensure the safety of Seller’s employees. Customer is responsible for controlling pets or animals during service visits. Failure to comply may result in Seller refusing to commence or continue work until the environment is deemed safe, and Customer may be liable for any property damage or injuries sustained by Seller or its employees caused by unsecured animals, to the extent permitted by Pennsylvania law. Seller reserves the right to terminate the contract without liability if a safe work environment cannot be maintained.

Customer Responsibilities Customers must disclose any known issues with HVAC systems, electrical systems, or property conditions that may affect the safety or performance of Seller’s work. Failure to disclose such conditions may result in Seller refusing to commence or continue work, and Customer shall remain liable for any costs incurred by Seller up to that point.

Third-Party Warranties Seller does not honor coupons, deals, or specials for customers under third-party warranty coverage (e.g., home warranties not issued by Seller). Such customers shall pay the full price upon completion of work. Seller is not responsible for third-party warranties unless under a specific contract to honor a labor warranty for up to 90 days.

Scope of Work Seller is not responsible for painting, patchwork, or repairs required after modification/installation unless agreed in writing in the contract. Seller is not liable for claims, damages, or costs related to mold or hazardous materials, which are excluded from Seller’s scope of work. Seller may stop work until such materials are removed by a qualified professional.

Environmental Compliance WARD HEATING & AIR LLC complies with all applicable environmental regulations, including EPA requirements under the Clean Air Act for the handling, recovery, and disposal of refrigerants. All technicians are certified as required by law to perform refrigerant-related work.

Building Codes and Permits Seller will perform all work in compliance with applicable federal, state, and local building codes and obtain necessary permits unless otherwise agreed in writing. Customer is responsible for any additional costs arising from pre-existing code violations or modifications required to meet code standards, as disclosed in the contract or change order.

Line Set Responsibility Seller is not responsible for issues with existing line sets that prevent achieving a 500-micron vacuum. If Seller recommends replacing the line set and Customer declines, Seller’s limited warranty is voided.

Risk of Loss Risk of loss passes to Customer upon delivery of materials and equipment to Customer’s property. Seller is not responsible for loss due to fire, theft, vandalism, acts of God, or malicious mischief after delivery. Customer shall maintain insurance to cover such losses.

Ownership of Equipment Equipment and supplies provided by Seller remain Seller’s property until full payment is received. In the event of non-payment, Seller may remove equipment, and Customer forfeits any deposit. Seller is not liable for damages resulting from such removal, except in cases of gross negligence.

Loss of Utilities Seller is not liable for damages resulting from the loss of electric power or gas during the job when utilities are turned off for safety.

Job Site Facilities Seller and its employees shall be provided access to a bathroom during the job unless otherwise agreed in writing.

Emergency Services WARD HEATING & AIR LLC offers emergency HVAC services for critical issues, such as loss of heat in winter or suspected carbon monoxide leaks, subject to technician availability. Emergency services may incur additional fees, which will be disclosed prior to service. Seller will make reasonable efforts to respond within 4 hours, but response times are not guaranteed. Payment for emergency services is due upon completion unless otherwise agreed.

Carbon Monoxide Safety a. Testing: Seller certifies the presence or absence of carbon monoxide (CO) at the time of testing using a CO detector, if tested. Seller is not liable if equipment is turned back on by anyone other than Seller after being shut off for safety, unless Seller verifies safety and recommissions the equipment at Customer’s expense. b. Equipment Limitations: Seller is not liable for malfunctions in CO testing equipment, though reasonable efforts will be made to ensure proper function. c. Awareness: Seller prioritizes CO safety and informs Customers of associated risks. d. Maintenance: Seller recommends regular inspection and maintenance of heating systems, vents, and chimneys to minimize CO risks. e. Detectors: Seller advises installing CO detectors per manufacturer guidelines. f. Customer Responsibility: Customers must maintain unobstructed vents and adequate ventilation. g. Limitation of Liability: Seller is not liable for CO leaks due to pre-existing conditions, lack of maintenance, or misuse of HVAC systems. h. Emergency Response: In case of a suspected CO leak, Customers should evacuate and contact emergency services, then notify Seller for inspection. i. CO Detector Maintenance: Customers are responsible for regularly testing and maintaining CO detectors to ensure proper function. Seller may recommend, but does not install, CO detectors unless explicitly agreed in the contract.

Red Tag Procedure a. Authority: Seller’s technicians may red-tag and shut off HVAC equipment if an immediate safety hazard is identified, as authorized by Customer engaging Seller’s services. b. Reasons: Red tagging may occur due to CO leaks, improper installation, severe equipment damage, or other hazards. c. Notification: Seller will immediately notify Customer and explain the red tag reasons. d. Resolution: Customer is responsible for resolving issues through licensed professionals. e. Liability: Seller is not liable for damages or inconveniences from red tagging. f. Reactivation: A licensed technician must clear the red tag before reactivation. g. Acknowledgment: Customers acknowledge red tagging is for safety and agree to address concerns promptly.

Photography Release a. Permission: Seller may take photos or videos of HVAC equipment or work for documentation or marketing unless Customer denies permission in writing. b. Purpose: Images may be used for marketing (e.g., website, social media, brochures). c. Customer Rights: Customers retain ownership of their property’s images and may request anonymity in writing. d. Non-Commercial Use: Images will not be used for purposes other than Seller’s marketing without consent. e. Confidentiality: Seller will protect sensitive information and respect privacy. f. Liability: Customers release Seller from liability related to image use, except for misuse. g. Withdrawal: Customers may withdraw consent in writing, though existing materials may continue to be used.

Warranty Terms a. Scope: Seller warrants labor and services to be free from defects for 365 days from completion, unless otherwise agreed in writing. b. Equipment: Equipment and parts are covered by manufacturer warranties. Seller covers labor for repairs under these Terms. c. Exclusions: Warranty does not cover damages from improper maintenance, misuse, unauthorized modifications, or acts of nature. d. Annual Servicing: Customers must have equipment serviced annually by Seller to maintain warranty validity. e. Notification: Customers must promptly notify Seller of defects. f. Remedies: Seller will cover labor costs for repairs or replacements at its discretion. g. Limitation: Liability is limited to labor costs, excluding incidental or consequential damages. h. Voiding: Unauthorized repairs void the warranty. i. Transferability: Warranty is non-transferable and applies only to the original Customer. j. Warranty Claim Process: Customers must notify Seller of warranty claims in writing, including a description of the defect, within thirty (30) days of discovery. Notification should be sent to Seller’s contact information provided in the contract. k. Dispute Resolution: Warranty disputes shall be resolved through mediation or arbitration under Pennsylvania law.

Referral Program a. Eligibility: Open to U.S. residents aged 18+. Referees must be new customers. b. Process: Referrers provide referee details at booking. Rewards are issued after service completion. c. Rewards: Rewards (e.g., discounts, gift cards) are non-transferable and non-cash. d. Administration: Seller may modify or terminate the program without notice and disqualify fraudulent participants. e. Liability: Seller is not liable for lost or incomplete referrals or technical issues. f. Governing Law: Governed by Pennsylvania law. g. Contact: Reach Seller at (412) 629-3391.

Customer Feedback and Complaints WARD HEATING & AIR LLC values customer feedback. Customers may submit feedback or complaints by contacting us at jacob@wardheatingandac.com or (412) 629-3391. We will respond within five (5) business days and work to resolve concerns promptly and fairly.

Data Privacy and Security WARD HEATING & AIR LLC collects customer information necessary for providing services, processing payments, and complying with legal obligations. We implement reasonable safeguards to protect your data and do not share it with third parties except as required for service delivery (e.g., financing providers) or as permitted by law. Customers may request access to or deletion of their data by contacting us at jacob@wardheatingandac.com. In the event of a data breach, we will notify affected customers as required by Pennsylvania law.

Dispute Resolution Disputes arising under this agreement shall first be addressed through good-faith negotiations. If unresolved, disputes shall be submitted to mediation through a mutually agreed provider in Lawrence County, PA. If mediation fails, binding arbitration shall be conducted under the rules of the American Arbitration Association in Lawrence County, PA. Costs of mediation or arbitration shall be shared equally, unless otherwise determined by the arbitrator. This does not limit Seller’s right to pursue mechanics’ liens or other legal remedies for non-payment.

General Provisions a. Insurance: Seller maintains general liability insurance with coverage of at least $50,000 per occurrence, as required by 73 P.S. § 517.4. Customers are encouraged to maintain property and equipment insurance. b. Modification: Seller may modify these Terms with notice. Continued use implies acceptance. c. Governing Law: These Terms are governed by Pennsylvania law, including HICPA and the Mechanics’ Lien Law. d. Release of Liability: Customers release Seller from liability for damages, losses, or injuries from pre-existing conditions, improper maintenance, acts of God, utility issues, or misuse, except in cases of gross negligence or willful misconduct. e. Indemnification: Customers indemnify Seller against liabilities from Customer’s breach or negligence. f. HICPA Compliance: All home improvement contracts will include required disclosures, including Seller’s HICPA registration number (#PA184619), contract amount, and three-day rescission rights, per 73 P.S. § 517.7. g. Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or arbitrator, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable. h. Force Majeure: Seller shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, or government regulations. Seller will notify Customer of such delays and make reasonable efforts to resume performance promptly.

Maintenance Contracts a. Availability: Seller offers maintenance contracts for HVAC systems, charged monthly or yearly, to ensure regular servicing and optimal system performance. b. Contract Terms: Maintenance contracts include scheduled inspections, cleaning, and minor adjustments as outlined in the written agreement. Services will be detailed in the contract, compliant with HICPA requirements. c. Payment: Monthly contracts are billed on the first of each month, and yearly contracts are billed annually on the contract start date. Payments are processed via the Customer’s chosen payment method, subject to Section 5 (Payment Terms and Fees). d. Cancellation: Customers may cancel a maintenance contract by providing written notice to Seller at least thirty (30) days prior to the desired cancellation date. For monthly contracts, cancellation will take effect at the end of the billing cycle following the notice period. For yearly contracts, a prorated refund will be issued for the remaining unused portion, less any applicable fees or costs for services already rendered. e. Automatic Renewal: Maintenance contracts automatically renew at the end of the term unless cancelled in writing by the Customer, as outlined above. Seller will provide notice of renewal at least thirty (30) days prior to the renewal date. f. Non-Payment: Failure to make timely payments may result in suspension of maintenance services and late fees, as outlined in Section 5. Seller reserves the right to terminate the contract for non-payment after thirty (30) days of delinquency, with notice to the Customer. g. Compliance: All maintenance contracts will comply with Pennsylvania law, including HICPA, and include required disclosures in the written agreement. h. Service Scheduling: Seller will schedule maintenance services at mutually agreed times, subject to availability. Seller is not liable for delays or rescheduling due to unforeseen circumstances, such as inclement weather, emergencies, or equipment failures, but will make reasonable efforts to promptly reschedule.

Financing Options a. Availability: Seller may offer financing options through third-party financial institutions for eligible Customers to cover the cost of HVAC services or equipment, subject to approval by the third-party provider. b. Application Process: Customers interested in financing must complete an application with the third-party provider, facilitated by Seller. Approval, terms, and conditions of financing are determined solely by the third-party provider, and Seller does not guarantee approval. c. Customer Responsibility: Customers are responsible for reviewing and agreeing to the terms of the financing agreement, including interest rates, repayment schedules, and any fees, directly with the third-party provider. Customers must make all payments to the third-party provider as agreed in the financing contract. d. Seller’s Role: Seller acts only as a facilitator of financing options and is not a party to the financing agreement. Seller is not liable for any disputes, defaults, or issues arising from the financing agreement between Customer and the third-party provider. e. Payment for Services: If financing is approved, Seller will receive payment directly from the third-party provider for services rendered, and Customer’s payment obligations will be to the third-party provider as per the financing agreement. f. Compliance: All financing options offered will comply with Pennsylvania law, including HICPA and applicable consumer credit regulations. Seller will provide clear disclosures regarding financing options in the written contract, as required by 73 P.S. § 517.7.

Right to Cancel You, the buyer, have the right to cancel an agreement within three (3) business days from the date you sign it. Cancellation must be made in writing and delivered by mail or in person to WARD HEATING & AIR LLC at 3594 Old Butler Rd, New Castle, PA 16101 or by email to jacob@wardheatingandac.com. If you cancel, any payments made by you under this agreement will be returned to you within ten (10) business days following receipt by WARD HEATING & AIR LLC of your cancellation notice minus any cost incurred by WARD HEATING & AIR LLC for restocking non-refundable supply and storage fees.

Client Acknowledgment By engaging WARD HEATING & AIR LLC’s services, Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions, including all warranties, limitations of liability, maintenance contract terms, financing options, and HICPA rights.