The estimate/invoice is by and between "Tennessee Air" and "customer". The estimate/invoice contains the entire agreement between the two parties, and no rights are created in favor of either party other than what is specified in the estimate/ invoice. The terms of each agreement will begin on the effective date of the estimate/invoice and continue for the term specified on the estimate/invoice. Our certified technician will perform all work professionally and utilize materials of good quality during normal working hours and in accordance with the terms outlined in the estimate/invoice. Normal working hours: 7:00am-5:00pm Monday, Tuesday, Wednesday, Thursday & Friday excluding nights and holidays, unless otherwise specified. Tennessee Air Heating and Air Conditioning will retrieve all material and provide labor required to perform maintenance/service as outlined in the estimate/invoice.
The customer shall provide reasonable access to the equipment being serviced as per Tennessee Air instructions and allow our personnel to stop and start all equipment necessary to perform agreed maintenance/service or repair. The customer will also establish that all work areas shall be free of hazards (asbestos, insects, rodents, chemicals, mold, etc...) and to clear working area of any hazards that would inhibit the installation or repair. If the hazard is found during the time of service, all work by Tennessee Air will cease until customer has corrected matters appropriately at customer's expense. Also, after investigation, Tennessee Air reserves the right to automatically terminate the estimate/invoice if the equipment that is to be serviced is found to be in extremely poor condition.
At times, the customer may request that Tennessee Air provide additional or amended services not covered by the existing estimate/ invoice. The two parties may, but are not required to, agree to a change in services either by amending the estimate/invoice in existence or by signing into a new estimate/invoice. Such a change, if carried out, will specify the services to be performed by Tennessee Air, but not limited to, price terms.
The customer will compensate Tennessee Air for the services rendered, supplies, and materials needed, in accordance with the terms, conditions, and payment schedule outlined on the estimate/invoice. Customer will make complete payment to Tennessee Air on completion of services rendered, immediately after receipt of accurate estimate/invoice from Tennessee Air with the indicated prices of services performed. Such estimate/invoice from Tennessee Air will itemize any reimbursable expenses. Any late payments past 7 days will accrue interest at the rate of 1.5% daily, or the maximum rate allowed by applicable law.
The customer agrees to pay and be responsible for any additional gross amount of any present or future sales, use, excise, value-added, or other similar tax, however designated applicable to the price sale or delivery of any products, services or the work furnished hereunder or for their use by Tennessee Air on behalf of the customer whether such tax shall be local, state, or federal in nature. This will include but
not be limited to the recovery, recycling, reclamation, handling and disposal of all refrigerants, and the additional costs incurred for refrigerant tax and/or increased costs due to limited availability.
The customer agrees to pay all expenses incurred by Tennessee Air for the collection of any delinquent account including, but not limited to, attorney's fees, filing fees and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the state in which the work was performed
Emergency Work: When a customer makes an emergency service request, Tennessee Air reserves the right to charge the customer the emergency service labor rate and fees. In addition, at the discretion of Tennessee Air a new Estimate Invoice may be obtained by Tennessee Air before the work is performed.
Limited Warranty. All materials, parts and equipment are warranted by the manufacturers' or suppliers' written warranty only. All parts & labor performed by Tennessee Air is warranted for 1 year (365 days) or as otherwise indicated in writing. Tennessee Air makes no other warranties, expressed or implied and its agents or technicians are not authorized to make any such warranties on behalf of Tennessee Air
Tennessee Air will not be held liable for any loss, delay, injury, or damage that are caused by improper use, negligent acts, or circumstances beyond our reasonable control including but not restricted to natural disasters, war, terrorism, civil commotion, acts of government, fire, theft, corrosion, floods, condensate restrictions, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, code violations or insurance company requirements, delays in transportation, extreme weather conditions, shortage of vehicles, fuel, labor, or materials, or malicious mischief. And, in no event, whether as a result of breach of contract, or otherwise, will Tennessee Air be liable for consequential, speculative, penal or incidental damages, including, but not limited to loss of profit or revenues, loss of use of any products, machinery, equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, or claims of Buyer's customer for such damages. Also, it is agreed that any changes, adjustments, additions to repairs made by others, unless authorized by Tennessee Air, will release and terminate all obligations of Tennessee Air and the customer will be responsible for payment of materials and any work or services rendered by Tennessee Air.
It is agreed that Tennessee Air will not be required to complete safety tests, install new devices or make modifications to any equipment to comply with recommendations or directives of insurance companies, governmental agencies, or for other reasons. Neither shall Tennessee Air be required to make replacements or repairs necessitated by reason of any other cause beyond its control except ordinary wear and tear.
Submit an APPROVED ESTIMATE or INVOICE. Agree to the Terms and Conditions by electronic signature or emailed approval. The Terms and Conditions represent my commitments to you, the "customer". Submit initial payment of 50% of total project fee at the time of approval may be required. All major credit cards accepted. Payments will be processed directly through HOUSECALL PRO or Angi (formerly Angie's List and formerly HomeAdvisor) and no credit card information will be viewable or downloadable by Tennessee Air unless a recurring authorization form has been signed. When the contracted work is completed, final payment will be charged and a Tennessee Air invoice will be emailed to you.
Tennessee Air warrants and guarantees to the original purchaser ("Customer"), that should Customer accept and purchase Tennessee Air's recommended repair ("Covered Repair") or Replacement (see definitions below), such repair/replacement shall be free from defect in materials and workmanship under normal use and conditions for as long as the Customer owns the residence in which the Covered
Repair was performed or until the Unit in which the Covered Repair was performed, if applicable, is replaced ("Limited Lifetime Labor Warranty/Guarantee"). This Limited Lifetime Labor Warranty/Guarantee shall hereinafter be referred to as this "Warranty."
This Warranty shall apply only to the recommended Covered Repair(s) and Replacement(s) performed by Tennessee Air and as explicitly indicated on the Customer's sales invoice. All non-recommended repairs and all non- repair services, including without limitation HVAC repairs and HVAC installation services, if performed by Tennessee Air, shall be covered by Tennessee Air's applicable warranty as explicitly indicated on the appropriate sales invoice issued to the Customer. This Warranty does not cover normal wear and tear or consumable products including, but not limited to bulbs, batteries, filters, refrigerant, leak tests, coil cleanings, fuses, or certain safety devices that have a limited lifespan including without limitation smoke and carbon monoxide detectors. This Warranty does not extend or apply to customer supplied equipment or materials. This Warranty does not apply to equipment that was not installed by Tennessee Air; repairs that were not performed by Tennessee Air; or repairs made necessary due to failure of a non-covered part causing damage, whether in whole or in part, to the Covered Repair.
Tennessee Air shall not be responsible for and this Warranty shall be void in the event of damage or repairs resulting from abuse, misuse or improper use, neglect, Acts of God, unauthorized alteration, modification or repair including repair or service of the Covered Repair by others, or improper operation. This Warranty shall be void if Customer fails to perform the manufacturer's suggested maintenance or upkeep on the Covered Repair with Tennessee Air either through comfort solutions agreement or bi-annually scheduled maintenance.
Customer agrees that Tennessee Air's responsibility with respect to claims made under this Warranty shall be limited solely to the necessary service and repairs or replacement, at Tennessee Air's sole option and discretion, the replacement of the Covered Repair if found by Tennessee Air in its sole discretion to be defective. If Tennessee Air determines that the Covered Repair will be replaced under this Warranty, Tennessee Air does not guarantee that the identical make or model of parts used in the Covered Repair will be available and thus reserves the right to use parts of approximately equal size and performance as those used in the original Covered Repair. This Warranty shall terminate and become null and void if and when, as determined in Tennessee Air sole discretion, the original parts used in the Covered Repair and parts of approximately equal size and performance are no longer available and Tennessee Air cannot make repairs under this Warranty. This Warranty provided by Tennessee Air shall terminate and become null and void if and when Tennessee Air provides any refund, full or otherwise, to the Customer in connection with the Covered Repair or if the equipment is deemed unfit by a qualified Tennessee Air Heating and Air Conditioning technician.
Tennessee Air assumes no obligation to incorporate any modifications or improvements developed by the manufacturer in any goods or materials previously sold or in service. This Warranty provided is separate from and independent of any manufacturer's warranty. In the event of a recall of any portion of the Covered Repair, whether voluntarily by the manufacturer or mandated by a government authority, the manufacturer's warranty shall be primary and Customer shall comply with all manufacturer requirements for claims under such manufacturer's warranty before making any claim under this Warranty. This Warranty shall in no way affect or alter the determination of liability or fault for any alleged damages, including without limitation those for personal injury or property damage, sustained by a Customer or anyone else in connection with a Covered Repair or any parts used in that Covered Repair.
Tennessee Air reserves the right to perform warranty service during normal business hours. Emergency services are defined as situations that could create substantial damage to property or risk of injury in which case additional fees may apply.
This Warranty does not apply to any portion of a Covered Repair that has not been paid for according to the applicable terms of such purchase. The terms and conditions of this Warranty cannot be altered without Tennessee Air's written consent. No agent of Tennessee Air has any authority to give any warranty that exceeds that listed in this Limited Lifetime Warranty, and the Customer is therefore warned to read this Warranty carefully to make sure it correctly reflects those terms that are important to the Customer.
Tennessee Air shall not in any event be liable for any incidental or consequential damages, including without limitation lost or duplicated time, expenses or wages, accruing for any reason whatsoever to Customer, whether such claim is made in contract or in tort or under any warranty or in negligence, indemnity or otherwise, even if Tennessee Air has been advised of the possibility of such damages. This Limited Lifetime Warranty is exclusive and in lieu of all other express, statutory and implied warranties, including those of merchantability and fitness for any particular purpose that may otherwise be owed by Tennessee Air.
Covered Repair. A repair recommended by Tennessee Air that is covered by this Lifetime Labor Warranty and is accordingly identified as Covered Repair on the applicable sales invoice to the Customer. Tennessee Air maintains a complete listing of all recommended repairs that constitute and make up the full range of Covered Repairs under this Warranty. A Customer will be informed in advance of a purchase if the repair work contemplated is a Covered Repair and this will be indicated on the Customer's sales invoice along with the applicable terms and conditions.
Unit: An assembly of more than one part; for example, and without limitation, a furnace. If a recommended Covered Repair is a part within the furnace, once the furnace has outlived its useful life and is replaced, the Warranty on such part within the Unit (in this example, the furnace) is terminated.