HVAC Installation, Warranty, and Dispute Resolution Agreement

HVAC INSTALLATION, WARRANTY, AND SERVICE AGREEMENT

1. Direct-Pay / COD Installation Warranty

For direct-pay or Cash-on-Delivery (COD) residential customers, Contractor warrants all

installation labor for the heating, ventilation, and air conditioning (HVAC) system for a period of

one (1) year from the date of installation. This warranty covers defects in workmanship directly

associated with the installation and is contingent upon normal operation and proper routine

maintenance (such as regular filter changes and annual tune-ups) by the Customer.

2. Third-Party Home Warranty Exclusions

For service calls or HVAC installations performed under contract with a third-party home

warranty providers or similar, Contractor’s one-year installation labor warranty shall not apply.

In such cases, equipment is provided or managed by the third-party home warranty provider, and

all labor and product coverage shall be governed exclusively by the terms, conditions, and claim

limits of that specific provider.

3. Non-Covered Charges and Code Compliance

For installations performed under contract with a third-party home warranty providers or similar,

certain necessary items may be excluded from the home warranty coverage. These items include,

but are not limited to:

• Code upgrades or municipal compliance

• Electrical circuit or disconnect modifications

• Refrigerant line flushes or modifications

• Ductwork transitions, sealing, or alterations

• Permits, inspections, and environmental fees

Customer explicitly agrees that any such non-covered charges are the sole financial

responsibility of the Customer. Customer agrees that payment for these non-covered charges

shall be paid directly to Contractor prior to the final completion of work. Contractor shall

provide Customer with a written change order or estimate for all non-covered charges for

Customer approval prior to performing any additional work.

4. HVAC-Specific Warranty Exclusions

This installation labor warranty does not cover issues, failures, or damages arising from:

• Improper maintenance, failure to change air filters, misuse, abuse, or neglect

• Acts of nature, severe weather, lightning, or electrical power surges/brownouts

• Failure to follow manufacturer operating or maintenance guidelines

• Normal wear and tear

• Refrigerant loss or system leaks that occur in pre-existing lines or components not

installed by Contractor

• Equipment, thermostats, or components not supplied and installed by Contractor5. Voiding of Warranty

If any contractor, service technician, or individual other than Contractor’s authorized personnel

services, repairs, alters, charges, or modifies the installed HVAC system during the one-year

labor warranty period, this installation warranty shall be immediately null and void.

6. Limitation of Liability for Consequential Damages

To the maximum extent permitted by applicable law, Contractor shall not be liable to Customer

for any indirect, incidental, special, exemplary, or consequential damages of any kind—

including, but not limited to, loss of profits or revenue, loss of use of the property or HVAC

system, water damage from condensate overflow, or property discomfort—arising out of or in

connection with the installation, service, or performance of the HVAC equipment. Contractor’s

total aggregate liability for any and all claims arising under or related to this Agreement shall be

strictly limited to the total monetary amount actually paid by Customer to Contractor for the

specific installation services rendered.

7. Binding Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach,

termination, enforcement, interpretation, or validity thereof, shall be settled by binding

arbitration in accordance with the rules of the American Arbitration Association (AAA) or a

local professional arbitration service. The place of arbitration shall be near the project location,

and judgment on the award rendered by the arbitrator(s) may be entered in any court having

jurisdiction thereof.