Terms & Conditions

TERMS and CONDITIONS

In Uncategorized on April 21, 2012 at 4:11 pm

TERMS AND CONDITIONS apply to all invoices sent by Invoice2Go via email.

NOTICE TO OWNER

Under the Texas Mechanics Lien Law any contractor, subcontractor, labor or other person who helps to improve your property but is not paid for his/her work or supplies, has the right to enforce a claim against your property. This means after a court hearing, your property could be sold by a court officer and the proceeds of the sale to satisfy the indebtedness.  This can happen even if you have paid your contractor in full if the subcontractors, laborers or suppliers remain unpaid.

A/C TODAY reserves the right to file a mechanics lien on the homeowners property or landlords property within 90 days to protect the rights to be paid. An affidavit must be filed with the county clerk and a copy sent to the owner of the property.

The owner of said property agrees to the mechanics lien right by A/C TODAY by signing the invoice or acceptance of an email by Invoice2go via email.  if you do not accept this provision then you need to state that in writing to A/C TODAY or via email or fax to A/C TODAY with 5 days of receipt.

TERMS AND CONDITIONS

Responsibility of Customer

Customer represents that except as described in the request for service, all plumbing, heating and air conditioning and drain systems are in good repair and condition and agrees to hold A/C TODAY harmless of discovery of defective conditions, including but not limited to the following:

1.  Improper or faulty ac/heating systems 2. Lines that are settled or broken 3. Rusted or broken pipes 4. Defective drain system 5. Existing illegal conditions/code violations 6. Improperly charged systems and/or electrical defects 7. Faulty air movement/not sized properly/ including mold 8. Defective roofing or roof jacks.

A/C TODAY reserves the right to charge gasoline surcharges, freight for special orders, late fees and administrative fees to customers who do not pay as agreed.  ”payment is due when services are rendered ” unless prior arrangements have been made and agreed to by both parties.  Out of Town customers must provide a valid credit card for security unless prior arrangements have been made.

RESPONSIBILITIES OF COMPANY-CONDITIONS AND LIMITATIONS

Company shall do all work in a competent, workmanlike manner. Company is not responsible for any illegal conditions. Please note: Sometimes the customer refuses to take the advise of our company which is in their best interest of the customer; refusal of the customer to heed our advice will adversely affect the outcome of any repairs. A/C TODAY will not be held liable for a customer or homeowner who does not follow sound advice to correct problems or follow advice on the installation of a new system or equipment.

LIMITED WARRANTY

Company warrants all work to be free from defects in material and workmanship for the warranty period of ninety(90) days from completion unless otherwise stated in writing on the face hereof or stated via email or fax. All drain stoppages are NOT warranted.  All warranties are void if payment is not made when due. Warranties extend only to the customer and are not transferrable. If a defect in in materials or workmanship covered by this warranty occurs; A/C TODAY will with reasonable promptness during normal business hours remedy all defects.  In no event shall company be held liable for water or other damage caused by any delay in remedying a defect. To obtain warranty performance notify A/C TODAY of any defects or claims for breach at the address and telephone number on the face of invoice or call 972-681-4600 or via email at :actoday@swbell.net or via fax at :972-534-1425.

EXCLUSIONS AND LIMITATIONS CUSTOMERS RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FORM THE MATERIALS /LABOR PROVIDED FOR IN THIS CONTRACT.

Company is not responsible for the following which are excluded from the coverage of this limited warranty

1. Defective conditions listed under the above “Responsibilities of the Customer” 2. Work performed by or materials installed by others not in this agreement 3. Defects and failures from mistreatment and neglect 4. Mold in the heating and air conditioning systems; including ducts, registers and equipment or anywhere in the house 5. Pull down attic stairs

PROTECTION OF CUSTOMER’S PROPERTY

Customer agrees to remove or protect any personal property inside and out including but not limited to carpet, rugs,shrubs/plants and paint. A/C TODAY  is not responsible for natural disasters or consequences.  A/C Today is not responsible for any damages from work to real property including but not limited to : curbs, sidewalks, walks, driveways, garages, patios,lawns, shrubs, sprinkler systems,wallpaper, drywall, stucco, tile, cabinets and other appurtenances to the residence or other real property.

Company shall be held responsible for damgage to personal property or real property or any other improvements to real property caused by persons delivering materials or equipment or keeping gates and and doors closed for children and animals

ENTIRE AGREEMENT

This is the entire agreement. The parties are not bound by any oral agreement or representation by any agent purporting to act, for or on their behalf or for any commitment or arrangement not set set forth herein. The agreement binds jointly and severally all signing as Customer; their heirs, representatives,successors and assigns.

A/C TODAY will not itemized or breakdown costs of materials and labor used for flat rate pricing. Payment is due when services are rendered unless prior arrangements have been approved by A/C Today.  A/C Today reserves the right to charge late fees, administrative fees, legal fees and transportation fees including gas or mileage.