GENERAL TERMS AND CONDITIONS
1. Scope of Terms and Conditions
The Terms and Conditions of product sales and service projects 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. By accepting delivery of the products or by engaging Sunset Air & Home Services Inc (“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.” Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller 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 Installation Proposal will govern, unless otherwise agreed in writing by Seller and Customer.
2. Payment Terms
Customer shall pay Seller according to the terms contained in the Installation Proposal. Final payment shall be due after the work described in the Installation Proposal is substantially completed. All retail service work or equipment replacement / duct-work replacements shall be paid on the day of completion. All new construction project payments shall be paid within 10 days of an inspection by the governing body of that municipality or engineering firm. Seller has the right in all cases to file a legal Notice to Owner for any lien rights to the Customers property if payment is not made within the allotted time.
3.a. Zoning and permits
Customer agrees to timely furnish all information necessary to secure plans and permits for the work called for under this Agreement, and Customer warrants the work contracted for to be in compliance with applicable zoning, classification and building codes. Any costs for work not in the Estimate but required by lawful authorities to bring the work into compliance with applicable code shall be the responsibility of the Customer. Seller assumes no responsibility for violation of zoning rules/laws.
3.b. Customer Responsibility
Customer is responsible for Homeowner Association, Condo Association, Property Owner Association, Historical Society approval or other similar approvals. All Approvals must be received, and a written copy of such shall be given by Customer to Sunset Air prior to material being ordered. Customer is responsible for Homeowner Association security deposit or bond if one is required.
4. Change Orders
During the progress of the work under this Agreement, if Customer should order extra work not specified in the Agreement, Seller may require such extra work to be considered an agreement separate and aside from this Agreement and may require payment for said extra work in advance.
5. Work Schedule
Work shall be completed within a reasonable time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Seller’s ability to obtain materials, and/or any cause beyond Seller’s control.
Should Seller be unable to obtain any material(s) specified in the Agreement or any Change Order, Seller shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the Contract Price.
7. Excess Materials
Extra materials left over upon completion shall be deemed Seller’s property, and Seller may enter upon the Property’s premises to remove excess material(s) at all reasonable hours.
8. Supervision Responsibility
Seller shall supervise and direct the work at Customer’s Property, using reasonable skill and attention. Seller shall be solely responsible for the construction means, methods, technique, sequences, and procedures for all work performed at Customer’s Property pursuant to this Agreement. Customer shall not interfere with Seller’s work forces or Seller’s subcontractors.
9. Limited Warranty
Seller shall provide Customer with a limited warranty on service and labor for the duration set forth in the Installation Agreement, beginning on the date of completion of services against defects in the quality of workmanship and/or materials (“Warranty Period”). Seller shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures (cooling set below 70°F, for instance); (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, or expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. If Customer opts for a Warranty Period exceeding one (1) year (listed on page 1 of this proposal), Customer agrees to maintain a yearly service agreement for the entire duration of the Warranty Period; All extended warranties will have a deductible required per occurrence; Seller shall not be liable for warranty repairs during the Warranty Period in the absence of such yearly service agreement(s). Customer is responsible to transfer existing warranty to new customer within 90 days of closing. Customer is responsible for paying equipment manufacture or third-party warranty company for any transfer of equipment warranty. Seller is not responsible for any warranties provided by the manufacturer. Seller makes no warranty to Buyer regarding materials and/or equipment installed (other than a warranty of title), and Seller authorizes no third person or party to assume any warranty obligation or liability on Seller’s behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer that shall furnish to Buyer all applicable warranty documents. Seller hereby assigns to Buyer, without recourse, any applicable warranties extended to Seller. Such assignment shall constitute Seller’s sole obligation and Buyer’s sole exclusive remedy from Seller with regards to defective materials and/or equipment installed. This limited warranty is in lieu of all other warranties, statutory or otherwise, express, or implied, all representations made by Seller, and all other obligations or liabilities respective of the Services provided at the Property. Seller disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, implied warranty of habitability, implied warranty of fitness for a particular purpose or use, and/or implied warranty of merchantability. Under no circumstances shall Seller be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs or attempted repairs shall void this warranty entirely.
10. Design Conditions
All equipment is designed according to the Manual J. standard design temperatures for Florida Zone 1 (Cooling: 75°F indoor dry bulb temperature w/ 50% indoor relative humidity at 93°F outdoor dry bulb temperature. Heating: 70°F indoor dry bulb temperature w/ 50% indoor relative humidity at 47°F outdoor dry bulb temperature). Seller is not responsible for cooling/heating beyond the Manual J. standard design temperatures, high humidity levels, system reaching dew point, ductwork sweating/producing condensate due to home infiltration rates or any other reason. R-values, structural tightness, ductwork conditions, home infiltration, leakage of duct-work, building materials and any other factor in the load calculation will be determined by the information the Customer provides to Seller upon initial consultation, Seller is not responsible for any problems incurred due to incorrect information provided by Customer at the time of consultation or while determining load calculation are being performed. In the case of an equipment replacement on an existing residential or commercial project, If Customer does not provide load calculations or authorize Seller to conduct its own testing to determine load calculations, Seller shall size the new HVAC system based on the size of the existing HVAC system. In such case, Seller shall not be responsible for problems caused by over sizing (including without limitation short cycling, humidity control, and mold growth) or under sizing (including without limitation inability to heat or cool within the Manual J. standard design temperatures). The HVAC design must meet the Florida Building Code requirements. Therefore, any specifications must be provided to the Seller, by the Customer or a party associated with the Customer. When designing a structure such as but not limited to, a residential home with any type of foam insulation or a completely sealed structure, Sunset Air & Home Services recommends the Customer have an engineer or building expert review the plans for how to control the humidity levels in the sealed attic space. Dehumidifiers, in most cases, are recommended but should be verified.
11. Performance or Condition of Existing Equipment
Seller is not responsible for the performance, functionality, or compatibility of existing equipment, duct-work, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.
12. Existing Line Set
Seller 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 Seller is unable to pull a 500-micron vacuum on an existing line set. Should Customer reject Seller’s recommendation to replace an existing line set, Seller’s limited warranty is voided.
13. Existing Pipping
Seller is not responsible for the condition of any existing condensate or copper pipping that is not readily accessible. Customer is responsible for any additional costs incurred if pressure testing is required to identify leaks and necessary repairs.
14. Paint, Patchwork, and Repairs
Seller 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.
15. Personal Property
Seller is not responsible for damage to Customer’s personal property left in or near the project area.
16. Existing Attic Access Stairs
In the event Customer’s existing stairs cannot be safely utilized for the removal and installation of equipment, an alternate method or access may be required. Seller is not responsible for (a) the replacement or repair of attic steps or stairs that must be removed to complete removal or installation work; and/or (b) any property damage resulting from the removal of the attic steps or stairs.
Seller 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.
18. Insurance and Waiver of Subrogation
Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall inure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and Seller waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto.
Customer shall indemnify, defend, and hold harmless Seller and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney’s fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Seller; and (b) any failure of the Customer to comply with the requirements of the Agreement.
20. Risk of Loss
Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property. Seller shall not be responsible for any loss due to fire, theft, vandalism, 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.
Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.
If Customer fails to perform any of Customer’s obligations herein or if Seller, in good faith, believes that the prospect of payment or performance to be impaired, Seller may upon seven (7) days written notice to Customer terminate this Agreement while retaining all mechanic’s lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys’ fees, and other charges due and unpaid.
If amounts owing under this Agreement are not paid within thirty (30) days, Customer agrees to pay a late charge on any outstanding balance at two per cent (2%) per month or twenty-four per cent (24%) per annum on the unpaid amount calculated from the date payment was due. Customer will be deemed to have accepted Seller’s performance as complete under this Agreement unless Customer notified Seller in writing otherwise within thirty (30) days of substantial completion. Should Seller retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owing, Customer agrees to pay Seller’s costs associated therewith including without limitation reasonable attorneys’ fees, court costs, and interest at the maximum legal rate.
24. Entire Agreement
This Agreement constitutes the entire agreement between Customer and Seller. No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties.
25. Construction Defects
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
26. Security Agreement
This Contract constitutes a Security Agreement under UCC, and as security for the unpaid portion of the Contract purchase price and all costs and charges hereunder, Customer grants to Sunset Air a security interest in all equipment, parts and accessories sold hereunder. To perfect continue or assign
said interest, Customer agrees to execute and deliver to Sunset Air, financing statements and other documents requested by Sunset Air. Customer also authorizes Sunset Air to execute and sign Customer’s name in such financing statements and other documents and to file them to carry out the intent and purpose of this provision.
27. CONSTRUCTION LIEN LAW
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
28. FLORIDA HOMEOWNERS’ RECOVERY FUND
The following disclosure is required by Florida Statute Section 489.125 when the value of labor and material exceeds $2500.00 PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PREFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE- LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
(904)727-6530, FCILB, 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 32211-7467
29. ADDITIONAL WARRANTY INFORMATION
THE PARTS AND LABOR WARRANTY DOES NOT COVER REPAIRS CAUSED BY:
IMPORTANT: THE LABOR WARRANTY, MANUFACTURE WARRANTY, OR EXTENDED WARRANTY DOES NOT COVER MAINTENANCE RELATED ISSUES
This will include but not be limited to, filter changes or cleanings, plugged drain line issues, dirty or impacted evaporator/condensing coils, damage of any kind to the thermostat or equipment, improper applications, unauthorized modifications, improper electrical supply, failure to follow manufactures instructions and rating plate specifications, accidents or other events beyond Sunset Air & Home Services control, natural disasters, act of God, any unauthorized service work performed by a company or person other than a Sunset Air & Home Services employee or representative during the first 12 months – 1 year warranty. Your warranty does not and is not a contract or agreement for preventative maintenance to your new air conditioning equipment. Preventative maintenance is required by the manufactures to be done annually by a licensed HVAC contractor. Performing maintenance by anyone other than a licensed HVAC contractor will void your warranty. Proper documentation of preventative maintenance may be requested at the time of warranty services by the manufacture before releasing parts for warranty in order for the warranty to be in accordance with the manufacture product specifications or installation, operation, and maintenance instructions provided by the manufacture. Failure to conform to such specifications and/or instructions shall void this limited warranty.
30. EXTENDED WARRANTY
If you have purchased an extended warranty, your warranty information will be sent to from the third-party vendor it was purchased from. Sunset Air & Home Services is not the extended warranty provider. Therefore all claims will be submitted and reviewed by the third-party provider before a claim is paid. The extended warranty provider has the right to decline a warranty request upon its review. Sunset Air & Home Services holds no responsibility for claim that is declined. EXTENDED WARRANTIES DO NOT COVER MAINTENANCE RELATED ISSUES IN ANY CAPACITY. FILTERS AND RESTRICTED DRAIN LINES ARE NOT COVERED. PLEASE SEE ABOVE FOR OTHER ITEMS NOT COVERED BY THE EXTENDED WARRANTY. You will be charged for any maintenance repairs or trip charges provided by Sunset Air & Home Services if determined the work is related to insufficient maintenance practices.
ALL extended warranty service will be charged a $49.00 deductible. The deductible is charged per occurrence. The customer will be charged the deductible each time a new issue arrives but only once for that occurrence on that day. If a return trip is necessary to complete the repair, the customer will not be charged any additional deductible amount. The deductible payment is required to be paid at the time of service.
31. Sunset Air & Home Services 24/7/365 Customer Support Policy
What it means to you and how it works: Customer Service is one of the most important services that a company can offer. It’s the support that an institution provides to its customers before, during, and after purchasing a product/service. However, many companies resist adopting this strategy, providing support only on weekdays, during business hours. Customer support is having the ability to provide immediate action to the customer by way of phone or digital contact to successfully arrange and document a schedule for repairs or a service we provide.
Sunset Air & Home Services strives to provide 24/7 customer support. This means that we can serve our customers 24 hours a day, 7 days a week, “365” days a year. There are many ways today to engage in customer service and customer support. At Sunset Air & Home Services we feel the only way in providing proper customer service is through one-on-one phone accessibility to “OUR STAFF”. Yes, our staff answers the phone after normal business hours, weekends, and holidays, not some out-of-state answering service company. This service is provided to you as a way of assuring the customer we are here for you, and we understand your need for a quality company you can depend on.
In many cases 24/7 support does not necessarily mean we will run a service call to your home that night. The support comes from our Sunset Air staff answering the phone throughout the night, weekends, and holidays to assure you will receive the fastest, most reliable service we can offer.
Our policy for running service calls is not to have our technicians out past 10:00 PM. However, we will take phone calls throughout the night. If we cannot give a customer same day service, we can Guarantee our service the very next day. You become a priority call and you will be scheduled for the following day.
Why not run calls after 10:00 PM?
This question comes up from time to time and we can honestly say the priority reason is Safety. Our technicians work Monday – Friday, 10/12 hours per day. This can be very overwhelming on any individual that has worked that many hours during the day, then having to work well into the night. Fatigue sets in and it becomes very unsafe for the technician. Remember, our technicians work with high voltage electricity, work in 130+ degree attics, and must lift and carry large ladders and components all day every day. As with any type of fatigue, driving becomes very unsafe.
There are secondary reasons as well. Part availability. We cannot be sure that we will have the correct parts in our truck stock. Air conditioning components come in all shapes and sizes and very few manufacturers use the same parts. Most manufacturers now use OEM (Original Equipment Manufacturer) parts that work only on their specific equipment.
Can we accomplish the repair in a timely manner and diagnose the issue in the dark? This is always a question before running the call. Many times, we run a late-night call and we must come back the next day anyway. For example, if your system is low on refrigerant and the evaporator coil freezes up into a ball of ice, we must wait several hours for the coil to thaw out before we can even attempt to start diagnosing the problem. These are just a few examples of the uncertainty we face. Doing the work in the daylight hours has proven time and time again to be much safer and more efficient.
Sunset Air & Home Services’ commitment to customer service is our number one priority. We stand prepared to serve our customers at the highest level while always keeping safety and accuracy in mind for both our employees and our customers. We thank all of you for your continued patronage and your understanding of our 24/7 policy. As always, if you have any questions regarding our after-hours polices or anything else we can answer for you, please feel free to call our office anytime, day or night.