Terms and Conditions

Aaron Heating and Cooling Terms and Conditions

1. DEFINITIONS
   A. The term “CONTRACTOR” herein refers to Aaron Heating and Cooling and its associates.
   B. The term “CUSTOMER” herein refers to the person/agent whom the CONTRACTOR is rendering its Services.

2. SITE CONDITIONS
   A. If CONTRACTOR must obtain access to other properties in the course of work, CUSTOMER
   shall secure permission for such and hold harmless and indemnify CONTRACTOR and its
   employees and agents against all actions and consequences arising or relating to the use of
   said properties, including but not limited to damage done in the normal course of work,
   excluding negligence, and for securing said property and its contents during and after work.
   B. CUSTOMER shall secure, remove and protect all property, and its contents, including but not
   limited to adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes,
   furniture, and vegetation during and upon completion of work and shall hold harmless and
   indemnify CONTRACTOR, its employees and agents against all claims arising out of
   CUSTOMER’S failure to do so.
   C. The CONTRACTOR is not responsible for expenses incurred to gain access, or the expense
   of repair of damage necessary in order to gain access such as, but not limited to landscaping,
   sheetrock, flooring, carpet, ceramic tile, bath or shower enclosures and paving and damage to
   finished areas such as paint, wallpaper and cosmetic damage resulting from any repair.
3. LIMITED WARRANTY
   A. CONTRACTOR warrants its materials and workmanship to be free from defects for one year
   after performance unless otherwise specified in writing. This warranty does not cover faults
   caused by misuse; negligence; or damage caused by acts of God including, but not limited to
   earthquake. There is no warranty on drain cleaning or refrigerant leaks. In the event that a
   manufacturer offers a warranty, said warranty shall negate and supersede CONTRACTOR’s
   warranty. This warranty is the only warranty by CONTRACTOR to CUSTOMER, and is in lieu of
   all other warranties, expressed or implied.
   B. CUSTOMER shall telephone CONTRACTOR within twenty four hours (24) of discovery of
   any warranty claim. CONTRACTOR will respond with reasonable promptness between the
   hours of 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays.
   C. CONTRACTOR shall not be liable for water or other damage relating from any defect or
   delay in responding to said warranty. CUSTOMER must take reasonable steps to mitigate
   damages.
   D. CONTRACTOR shall not be liable for lost profits, incidentals, special, exemplary, indirect or
   consequential damages resulting from any work performed, or any problem, whether or not
   covered by this limited warranty.
4. UNFORESEEN CONDITIONS
   A. If conditions and/or circumstances are encountered at the job site which are (1) concealed
   physical conditions, or unknown physical conditions of an unusual nature, which differ materially
   from that which is visually ascertained, CUSTOMER agrees to accept responsibility for such
   conditions and those circumstances outside the control of CONTRACTOR and further agrees to pay for any labor or materials, including repair to damaged equipment of plumbing CONTRACTOR and other plumbing caused by such conditions and/or circumstances.
   B. It is the intent of this provision to make CUSTOMER responsible for all (1) unforeseen and
   concealed conditions; and (2) for that which CONTRACTOR cannot control, Accordingly,
   CUSTOMER further agrees to hold CONTRACTOR harmless and shall indemnify and defend
   CONTRACTOR and all its agents and employees from and against all claims, damages, losses
   and expenses, including but not limited to attorney fees, consequential damages, arising out of or as a result from the performance of CONTRACTORS work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by CONTRACTOR.
   C. Asbestos or other Hazardous Materials Remediation Work — CONTRACTOR has no
   information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the CUSTOMER’s property and has not conducted any investigation in
   connection herewith. CONTRACTOR does not perform asbestos or other hazardous materials
   or substance removal and CONTRACTOR shall have no responsibility whatsoever and
   CUSTOMER expressly releases CONTRACTOR from any liability whatsoever and for any
   claims arising out of its presence, release, remediation or removal and for any costs, losses or
   damages CUSTOMER may suffer or sustain if it is found to exist on the CUSTOMER’s property.
   In the event asbestos or other hazardous materials or substances are found to exist on the
   CUSTOMER’s property or if, in order to obtain a building permit for the work to be performed by plumbing CONTRACTOR as set forth herein, any remediation action or work, including investigation is required to be performed on the CUSTOMER’s property concerning asbestos or other hazardous materials or substances, all work by CONTRACTOR will cease until such time as CUSTOMER has, at CUSTOMER’s sole expense, caused said asbestos or other hazardous
   materials or substances to be removed in compliance with all applicable laws relating thereto.
   D. Mold or Mold Spores – CONTRACTOR recommends that you hire a professional water
   damage restoration company to clean and treat and area that has water damage or as a result
   of work performed CONTRACTOR is not responsible for any damage or ill health caused by
   mold. CUSTOMER agrees to waive all claims against CONTRACTOR that may be related to
   such work.
   E. If for any reason, a maintenance visit is not performed either because of the CONTRACTOR
   or because of the maintenance agreement CUSTOMER, the monetary value does not exceed
   the cost of the maintenance agreement.
5. SOLUTION NOT PERFORMED
   If suggested options are not chosen by the CUSTOMER and a failure is experienced, the
   CONTRACTOR is held harmless.
6. STOPPAGES
   A. CONTRACTOR will not clean any drainline or sewer lines through a roof vent.
   B. Any drain cleaning cable which becomes stuck in the line is the responsibility of the
   CUSTOMER for removal and/or additional repairs.
   C. If a sewage spill including one deemed hazardous material, the cost of clean up is the
   responsibility of the CUSTOMER.
7. LICENSE, PERMITS, FEES
   A. CUSTOMER shall furnish and pay for, at their own expense all taxes, permits, and license
   fees required to legally perform the repair work in accordance with this Agreement.
   B. Access to the property for an agent of the administrative authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CUSTOMER.
   C. If at any time the administrative authority asks for additional work not related to our original
   contract, that work is the responsibility of the CUSTOMER. CONTRACTOR will provide an
   additional FLAT RATE for that work.
   D. All notices related to work performed by the CONTRACTOR which are sent to the property
   owner must be forwarded to the CONTRACTOR and a reasonable amount of time allowed for
   the process.
8. PAYMENT
   A. All work is done on a fixed FLAT RATE. The price includes Materials, Tax and Labor. NO
   BREAKDOWN WILL BE PROVIDED!
   B. Payment for the work described herein this Agreement shall be immediately due upon
   completion of the work. Unless otherwise specified in writing.
   C. No deduction shall be made from payments due CONTRACTOR on account of penalty,
   liquidated damages, back charges for alleged defective work, or other sums withheld from
   payments to other CONTRACTOR’s or on account of the cost of changes or defects in the work. Furthermore, CUSTOMER agrees and recognizes that payment for services rendered by
   CONTRACTOR when due is an express condition precedent to CONTRACTOR continuing work
   as herein described in the Agreement. CUSTOMER recognizes that the failure to pay for
   services when due shall entitle CONTRACTOR to terminate work immediately. In the event that
   CONTRACTOR terminates work for non-payment has herein described, CONTRACTOR shall
   be entitled to all of its reasonable expenses including, but not limited to cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law. All warranties will be void.
9. RIGHT TO TERMINATE IN EVENT OF DISPUTE
   In the event of a dispute between CONTRACTOR and CUSTOMER, CONTRACTOR and
   CUSTOMER agree that the CONTRACTOR may immediately terminate the work described
   herein. In the event of such termination, CONTRACTOR shall be entitled to payment for all
   services rendered including cost of all labor, materials, reasonable profit and overhead. In the
   event of cancellation by CUSTOMER after contract has been signed, CONTRACTOR is entitled
   to a minimum fee of 10% or $1000 whichever is less. In the event of cancellation by
   CUSTOMER after work has commenced, CONTRACTOR is entitled to 10% or payment for
   work performed, whichever is more.
10. NOTICE OF DEFECTIVE WORK
    Upon completion of the work, CUSTOMER agrees to exercise due diligence in inspecting the
    work for defective workmanship and materials. CUSTOMER agrees to notify CONTRACTOR
    within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call CONTRACTOR who shall have the first opportunity to repair the alleged defective work. The failure to allow CONTRACTOR the first opportunity to repair the alleged defective work shall void all warranties, express and implied hereunder. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. CONTRACTOR is not responsible for reimbursement for work performed by any other company or individual.
11. SERVICES NOT COVERED
    CONTRACTOR will not perform any other work or trade than that which is specified herein,
    including but not limited to carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless specified in writing. Unless otherwise stated, paint, plaster, stucco, and landscaping is not included in the up front price and is the responsibility of CUSTOMER.
12. SCOPE OF AGREEMENT
    This agreement represents the entire and integrated agreement between CUSTOMER and
    CONTRACTOR and supersedes all prior negotiations, representations or agreements, either
    oral or written. This agreement may be amended only by written instrument offered by
    CONTRACTOR and accepted by CUSTOMER.
13. NOTICE OF ARBITRATION ANY CONTROVERSY OR CLAIM ARISING OUT OF OR
    RELATING TO THIS CONTRACT, OR THE BREACH THEREOF MAY, AT THE ELECTION OF
    THE CONTRACTOR, BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN
    ARBITRATION ASSOCIATION, AND JUDGEMENT ON THE AWARD RENDERED BY THE
    ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
    SEND ALL CORRESPONDENCE TO:
    AARON HEATING AND COOLING 4255 Brogdon Exchange, Ste. 100 • Suwanee, GA 30024