1. Scope of Terms and Conditions.
The Terms and Conditions of product sales and services 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 Pillar, Heating Air Appliance Repair, LLC (“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 Service 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 Service Proposal. Final payment shall be due after the work described in the Service Proposal is substantially completed.
3. 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.
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.
6. Substitutions.
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 Service 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. 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 any and 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 regard 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 Coeur d’Alene, ID (Cooling: 75°F indoor dry bulb temperature w/ 50% indoor relative humidity at 89°F outdoor dry bulb temperature. Heating: 70°F indoor dry bulb temperature w/ 50% indoor relative humidity at 10°F outdoor dry bulb temperature). Seller is not responsible for cooling/heating beyond the Manual J. standard design temperatures, high humidity levels, and 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 ductwork, 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 and load calculation. If Customer does not authorize Seller to conduct its own testing to determine load calculations, all insulation values, 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).
11. Performance or Condition of Existing Equipment.
Seller is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, 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 Gas Pipe.
Seller is not responsible for the condition of any existing gas pipe 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.
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.
17. Mold.
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 or 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
19. Indemnification.
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.
21. Severability.
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.
22. Performance.
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.
23. Collections, Late fees
If amounts owing under this Agreement are not paid upon receipt of invoice, Customer agrees to pay a late fee on any outstanding balance, at 18% of the invoice amount past 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. Estimates, Down Payments & Charges
a) The estimated price is valid at the time of estimate, but may have increased if your order is placed at a later date and in any event is always subject to installation taking place within 30 days of the contract. Down Payments of 50% the total cost is requested on new equipment installations. The remaining price of any equipment and resources used by us will be invoiced upon job completion and are charged at current rates set by us the seller.
b) We have quoted the estimated cost of installing, servicing or repairing heating, air-conditioning, or appliance equipment’s as discussed with you. Once an estimate is accepted, we agree to install, repair or service the equipment’s to the maximum of our capability and the full potential of your systems being repaired/diagnosed on the terms set out in these conditions.
d) The acceptance of an estimate for Materials and/or Services by the Seller constitutes an offer by the Customer to purchase the Materials and/or Services specified in it on these Conditions and is deemed liable to pay for all services. The Seller shall accept no offer placed by the Customer other than;
(a) By an acknowledgement of order being issued by the Seller; or
(b) (if earlier) by the Seller delivering the Materials or starting to provide the Services,
when a request for the supply and purchase of those Materials and/or Services on these Conditions will be established.
25. Hours.
All work will be carried out during normal working hours, which are 8.00am-5.00pm Monday to Friday, unless otherwise stated. Outside of that time, charges will be one and half times the normal rate. Access to your premises is required while work is in progress. Our on site charges including bank holidays, weekends and over time are as follows;
26. After hour’s calls and weekends fees.
Our company can respond to an emergency if we agree with ‘you’ the client. Time to get a technician on site may vary and any arrival will be subject to a technician being made available by our company to establish a site visit. After hour fees for (Mon-Fri 5:00pm to 8:00am hours and Sat/Sun/Holidays) are chargeable at $142.50/hour
27. Additional costs may be incurred if: –
a) Variations or additions not stated before commencing of undertaken works which we find to be necessary and which could not have been identified when the original estimate or survey was given.
b) We have to remove any dangerous waste material, such as asbestos and other, which could not have been reasonably foreseen when the original estimate was given and we became aware of only when installation/service commences.
c) For any reason we cannot gain access to site, resulting in delays or we have been called out and a cancellation is made if a technician has or has not reached site yet. Agreed work is postponed after a cancelled call out, altered specifications and on site cancellations of works. You will still be charged as normal which will be 1 hour compulsory plus any time thereafter spent on site and/or any other charges that apply such as congestion charging &/or parking. Call outs can only be cancelled at minimum 24 hours notice.
d) You cancel your service without giving us 48 hours notice. In all these cases we will explain to you the reasons for the additional costs and will agree with you in advance what the additional costs will be.
e) If a service takes place and is semi or fully installed but the customer decides to change their mind about specification and systems please note that we have a no returns policy on all equipment and parts and will be re-charged for a re-quotation of different specification or systems. The original estimate cost for labor may vary according to the specification. You, the customer will be liable to pay in full the original agreed amount of a fully installed, tested & commissioned system/s despite a change of mind. You the customer will be liable to pay an amount invoiced by us if a system is semi installed. Invoice/s will be worked out accordingly. Additional charges will also apply to installations where works are delayed as a result of client error.
28. Maintenance Agreements.
a) The company will not accept liability for delays outside its control, including fire, war or adverse weather/traffic conditions. If this situation should arise, we will advise you of an alternative service/fitting date.
b) All units under Maintenance Agreement of Pillar, Heating Air Appliance Repair, LLC are covered by the time prescribed and agreed upon including agreed contractual rates for breakdowns and parts and resources set at current rates. Abuse of units including vandalism, fire, and excessive damage by water, war, extreme ambient temperatures or riot are not covered by the maintenance contract. In the event of service and repairs becoming necessary as a result of such causes, the cost thereof shall be charged to the Customer.
c) All Maintenance Agreements are signed by both us the supplier and you the buyer with a maintenance agreement, which will include your asset, list, agreed costs and terms of service. Payment terms of contract to be agreed with us including service interval dates. Any evidence of another contractor having performed works on any asset covered by us shall automatically make our contract agreement void. No compensation of remaining service shall be expected by us the supplier. Cancellations of agreements should be made to us in writing.
d) Times and dates are variable and will be booked according to customer request. Maintenance visits will usually be pre booked in a month in advance or when possible.
e) Payment of Maintenance agreement contracts are usually payable in full unless otherwise agreed and accepted by Supplier and Customer.
29. Invoicing, Payments & Late Payments.
The balance is due on completion of the work, and a maximum time length of 30 working days is allowed before submission of payments. Pillar Heating Air Appliance Repair, LLC will notify you the Customer before work commences so it is clear to you. Any payments submitted after the agreed date will be liable to pay a late payment fee. Payments are accepted by the following;
(a) Bank transfer, cash or check. If paying by check customer must inform us via email or phone.
(b) Most credit and debit card payments are accepted. If paying by card, we will send a secure payment link to you via our supplier (QuickBooks) via encrypted and secure email.
b) Late payments are charged with late payment fee which is at our own contractual rate set at 12.5% of final billing and is not to be confused with The Late Payment of Commercial debts (Interest) Act 1998 as supplemented and amended by the Commercial Debt Regulations 2002”. These charges will immediately apply when an invoice becomes overdue. Only under our company owner’s acceptance and discretion, may an invoice late payment fee be wavered.
c) We reserve the right to reject any excuse for non-payment and will exercise full duty to recover all owed monies including interest. We will be polite in requesting owed monies but will resort to deploying our certified recovery experts in events where either lack of communication/avoidance or any rightfully owed invoice has not been paid. Once a final notice has been raised with added late payment fee, the client has 72 hours to make a payment to avoid further action. If this is not paid it will be passed to our debt collectors who will recover our costs and additional charges plus the collectors’ admin fees and percentage.
d) The Customer shall be liable to pay to the us the Seller, on demand, all reasonable costs, charges or losses sustained or incurred by the Seller (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customers fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract or agreement.
e) The total price for the Goods and/or Services is due in U.S. dollars on the date of the invoice.
f) All amounts due to Pillar Heating Air Appliance Repair, LLC shall be paid in full without any retention, deduction or withholding. Client shall not be entitled to assert any retention, credit, set off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part.
g) Any fixed price contained in the estimate excludes packaging, loading, unloading, and carriage, insurance and VAT (unless expressly stated otherwise) which the Supplier may add to its invoices at the appropriate rate.
h) Without prejudice to any other right or remedy that it may have, if the Client fails to pay the Supplier the full overdue amount including late fee on the due date, the Supplier may
i) Pass the unpaid debt to our debt collectors who will recover our costs and additional charges admin fee and percentage.
j) Apply to County court to recover all costs. Court & solicitors fees apply. If such an occurrence should happen your company may be defaulted with a CCJ.
30. Address.
Pillar Heating Air Appliance Repair, LLC
PO Box 942
CdA, ID 83816
31. Information
Information you provide or we hold may be used by us or by our agents. All site visit addresses including commercial and residential that are emailed to us are kept confidential and are not distributed to any third party companies or agencies for sales purposes.
32. Credit check.
In connection with these terms, we may carry out a check with one or more licensed credit reference agencies. They will retain a copy of the search. Payment details of your account will be recorded and may be shared with other organizations to help make credit decisions about you and/or members of your household or company. This can also be used for debt collection and fraud prevention. This includes those who have moved house and who are in default.
33. Contact.
These terms and conditions, together with the information overleaf are intended to set out the whole agreement between both parties. If you have any queries, please contact Pillar Heating Air Appliance Repair, LLC
34. Installations.
a) All systems remain the property of Pillar Heating Air Appliance Repair, LLC, until paid for in full. Payments of Installations are agreeable with a deposit of the job being paid for upfront and remainders upon completion unless otherwise stated by Pillar Heating Air Appliance Repair, LLC. Deposits will be clarified at the time of estimate. Late payment fees also apply to installation also, if payments have not been paid or submitted late, a late payment fee will be applicable which is at our current contractual rate set at 12.5% and will be added to the final bill.
b) Any obstructions, i.e. Televisions, Furniture, and Computers etc. should be moved prior to installation. If in the event this has not been possible, our technicians will move any items obstructing access, but whilst taking reasonable care, neither they nor the Company will accept any liability for damage. Pillar Heating Air Appliance Repair, LLC agree to remove major debris and particles caused by drilling and other construction work after an installation of equipment’s but will not offer a deep cleaning service after any installation such as sweeping and mopping of floors.
c) Pillar Heating Air Appliance Repair, LLC will install systems to a high standard & all estimated equipment to the best of our ability. We will always advise our customers the recommended equipment for a project, however if the customer requests a more budget option than estimated and is not entirely satisfied after job completion we will not be held responsible for their choice. These may include things such as an undersized unit for an area space that is unable to provide correct sufficiency, sound pressure reduction, physical appearance of a unit placed in an area requested by the customer. Our Sellers give the specifications of all equipment’s to us.
d) Prior to Installation all unit specification will be verbally and/or written to the customer, also details & photographic imagery will be sent to the client for their information and satisfaction of knowing what systems will look like and consist of. If an Installation takes place and is semi or fully installed but the customer decides to change their mind about specification and systems please note that we have a no returns policy on all equipment and will be re charged for a re-quotation of different specification. The original quote cost for labor may vary according to the specification. You the customer will be liable to pay in full the original agreed amount of a fully installed, tested & commissioned system/s despite a change of mind. You the customer will be liable to pay an amount invoiced by us if a system is semi installed. Invoice/s will be worked out accordingly.
e) Additional charges will apply to installations where works are delayed as a result of client error. This will fall under our hourly and half hourly charges as standard until we can gain access, despite if an installation has been paid for. You will be billed separately. If installation works are postponed to a date differing from original date, to a weekend or bank holiday you may also incur further charges.
f) Unless specifically stated the following items are all excluded in your installation;
1. Local authority/Landlord Consent or fees
2. Any making good or redecoration
3. Any lifting/access equipment
4. Any carpentry or building works of any kind
5. Diamond drilling
6. Provision of electrical supply & mains connection (unless we have specifically quoted for this)
7. Electrical Certification
8. Penetrations to building exterior
9. Fitting of exterior louvers and attenuated panels
10. Any out of hours works.
11. Craneage
12. Any item not specified
35. Travel Fees (normal time: 8:00am to 5:00pm)
a) Travel time to your site is not chargeable unless agreed upon between by us the Seller and you the Customer. However we do start charging ‘on site charges’ as per our charges list as soon as our technician’s vehicles have reached your place of business/residence. Parking and congestion charging are all charged to our customers. Service call fees and on site charges do not apply to maintenance contracts however congestion and parking may be applicable.
b) To attend in the event of an involuntary stoppage of the equipment and to make such repairs or adjustments as may, in the Company’s opinion be necessary to obtain satisfactory operation and charge. The cost of any replacement parts involved shall be charged to the Customer by prescribed hourly rates.
c) We will charge you a minimum of 1 hour at current rate which is compulsory even if the technician has diagnosed or fixed a system within 20 minutes (example) or less of being on site, delays on site or other issues such as security. The hourly charges are not negotiable once agreed and a technician has been deployed. After the 1-hour period the half an hour rule applies and is set at current rate with the same terms as the 1st hour.
d) Should it be found necessary as a result of attending technician inspections to replace/order/use any parts such as oil, oxygen free Nitrogen, refrigerant, cleaning chemicals, fan motors, valves etc. the cost of such materials will be charged to the customer at current price list. Equipment used is not negotiable with price.
36. After hour’s calls and weekends fees.
Our company can respond to an emergency if we agree with ‘you’ the client. Time to get a technician on site may vary and any arrival will be subject to a technician being made available by our company to establish a site visit. After hour fees for (Mon-Fri 5:00pm to 8:00am hours and Sat/Sun/Holidays) are chargeable at $225.00/hour
37. Warranty.
Pillar Heating Air Appliance Repair, LLC will provide and honor warranties on HVAC parts and labor for a duration of one year. Appliance parts and labor shall be for a duration of 90 days. Parts warranty duration stands unless stated by manufacturer otherwise or agreed upon between Seller and Buyer. Under no circumstance will any warranty on parts or labor be offered when installing customer supplied parts.
38. Guarantee of works.
Work carried out by Pillar Heating Air Appliance Repair, LLC come with guarantee. Most installations carry a 1-year installation guarantee with conditions. If any installation ancillary should fail due to engineering fault within the 1-year period, which is not likely, Pillar agree to address for free and eradicate the issue at our own expense. If however it is found that some (not all) equipment may be defective and found to be a manufacturer fault and not an installation fault, our time on site is chargeable to amend, de-assemble any such faulty equipment. Most manufacturers have there own warranty on ancillaries and equipment and an investigation or diagnoses may be made or faulty equipment sent back to the associated supplier for any warranty issues for further diagnosis or respective replacements.