1. Customer desires Spring Hill Heating and Cooling, LLC to perform the services and supply materials detailed herein. All quotes and invoices are subject to the following terms and conditions. By signing quotes and invoices, Customer warrants it has the authority to order the requested services. All materials, parts, and equipment are warranted by the manufacturer’s written warranty only. All labor performed by Spring Hill Heating and Cooling LLC is warrantied for 1 year or as otherwise indicated in writing. Spring Hill Heating and Cooling LLC makes no other warranties, expressed or implied, and its agents or technicians are not authorized to make any such warranties on behalf of Spring Hill Heating and Cooling LLC.
2. Condensate drain line cleanings are warranted for 90 days for all Comfort Club Customers and warranted for 30 days for Non-Comfort Club customers. Spring Hill Heating and Cooling LLC is not responsible for damage caused by leaks.
3. Spring Hill Heating and Cooling LLC accepts personal checks made out to Spring Hill Heating and Cooling LLC. Any returned checks are subject to be re-deposited and will include a return check fee of $35.00.
4. ALL INVOICES ARE DUE IMMEDIATELY UPON COMPLETION OF WORK. ANY INVOICES UNPAID AFTER 10 DAYS WILL BEGIN TO ACCRUE 3% INTEREST PER MONTH. CUSTOMER IS RESPONSIBLE FOR ANY ATTORNEY’S FEES AND COURT COSTS REQUIRED TO COLLECT UNPAID BALANCES UNDER THIS AGREEMENT.
5. No Waiver. The failure or neglect of the parties hereto to insist in any one or more instances upon the strict performance of any of the terms or conditions of these Terms and Conditions or their waiver of strict performance of any of the terms or conditions of these Terms and Conditions, shall not be construed as a waiver or relinquishment in the future of such term or condition, but the same shall continue in full force and effect.
6. Claims. No legal action of any kind relating to the services performed or materials installed may be initiated by either party against the other party after two (2) years beyond the completion or cessation of work except in case if some hidden defects that could not reasonably have been detected within one year.
7. Notice. All notices or other communications hereunder shall be deemed sufficiently given and shall be deemed given when delivered by hand-delivery or mailed by first class, postage prepaid, registered or certified mail, and addressed to Customer at the address of service or to Spring Hill Heating and Cooling, LLC at 111 Penny Ave, Columbia, TN 38401.
8. LIMITATION OF LIABILITY FOR FAILURE OF EQUIPMENT. SPRING HILL HEATING AND COOLING SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, WHICH MAY ARISE FROM ANY CAUSE WHATSOEVER AS A RESULT OF A FAILURE OF ANY EQUIPMENT INSTALLED OR SERVICED BY SPRING HILL HEATING AND COOLING, OTHER THAN COSTS OF LABOR AND MATERIALS FOR REPLACEMENT EQUIPMENT. IN NO EVENT SHALL SPRING HILL HEATING AND COOLING BE RESPONSIBLE FOR DAMAGES GREATER THAN THE AMOUNT PAID FOR THE SERVICES AND EQUIPMENT DELIVERED.
9. Agreement Binding on Successors. These Terms and Conditions shall bind the parties hereto and their respective successors and assigns.
10. Headings. The headings in these Terms and Conditions are for convenience only and are not intended to be used to explain, modify, or aid in the interpretation of these Terms and Conditions.
11. Severability. If any part of these Terms and Conditions shall be invalid or unenforceable, that fact shall not affect the validity or enforceability of any other part of the Agreement.
12. Law, Jurisdiction, and Venue. This Agreement shall be governed, construed, and interpreted by, through, and under the Laws of the State of Tennessee. Venue and jurisdiction for any and all litigation arising from or connected with this Agreement shall be solely in the Circuit Court for Maury County, Tennessee. To the fullest extent permitted by law, the parties agree to waive the right to trial by jury.
13. Integration. These Terms and Conditions constitute the entire understanding between the parties hereto with respect to the subject matter hereof and cannot be changed or terminated or any provision hereof waived, except by an instrument in writing signed by both parties. These Terms and Conditions shall not be deemed to constitute the parties hereto as partners or joint venturers or as agents or representatives of one another.
14. Payment of expenses; breach. Each of the Parties to this Agreement shall pay his/her/its own expenses, costs and attorney’s fees associated with the negotiation, preparation, execution and delivery of this Agreement and the documents related thereto and the consummation of the transactions contemplated herein. In the event of litigation to enforce any of the provisions of this Agreement or any of the documents related thereto, the prevailing party shall be entitled to the reasonable attorney’s fees and court costs associated with the enforcement of any of the provisions of any such document or this Agreement.
15. Cancellations. For signed and accepted quotes, a cancellation charge equal to five percent (5%) of the total purchase price shall be assessed on all cancellations, regardless of the reason for cancellation or timing of the cancellation request. Additionally, the Customer shall be responsible for any and all credit card processing fees associated with processing the refund. Such fees may include but not limited to, transaction fees, interchange fees, and other charges imposed by the credit card company or payment processor. Upon receipt of a cancellation request, the Company shall process the refund within ten (10) business days, minus the fees described above.
