Residential Service Terms and Conditions

TemperaturePro San Antonio Residential Service Terms and Conditions

1. Scope of Terms and Conditions: The Terms and Conditions of product sales and service projects are limited to those contained herein. The 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.
2. Payment Terms: The customer shall pay the Seller according to the terms of the Order, Invoice, Proposal, or Work Order.
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.
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.
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. 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. The customer shall not interfere with Seller’s workforce or Seller’s subcontractors.
7. Communications: Seller may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, mobile notifications, hard copy, or posting of such notice on www.TemperatureProSA.com.
8. Limited Warranty: Seller shall provide Customer with a limited warranty designated in their agreement on service, parts, and labor, 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 abusive use;
   (b) Damage due to use of the equipment beyond the design temperatures* (cooling set below 70°F, for example);
   (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). The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer. Seller disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, the implied warranty of habitability, the 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 by any contractor other than TemperaturePro San Antonio shall void this warranty entirely.
9. Entire Agreement: This Agreement constitutes the entire agreement between Customer and Seller. In the event, Customer is purchasing a complete system with installation services and/or a preventive maintenance membership, additional Terms, and Conditions will apply. Otherwise, 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.

*Design Conditions. All equipment is designed according to the Manual J. standard design temperatures for San Antonio, TX (Cooling: 75°F indoor dry bulb temperature w/ 50% indoor relative humidity at 92°F outdoor dry bulb temperature. Heating: 70°F indoor dry bulb temperature w/ 50% indoor relative humidity at 23°F outdoor dry bulb temperature). Seller is not responsible for cooling/heating beyond the Manual J. standard design temperatures, high humidity levels, 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).