Website, Service and Installation Terms and Conditions
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Elements HVAC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- i use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Elements HVAC’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or ‘mirror’ the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Elements HVAC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Elements HVAC’s web site are provided “as is”. Elements HVAC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Elements HVAC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Elements HVAC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Elements HVAC’s Internet site, even if Elements HVAC or a Elements HVAC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Elements HVAC’s web site could include technical, typographical, or photographic errors. Elements HVAC does not warrant that any of the materials on its web site are accurate, complete, or current. Elements HVAC may make changes to the materials contained on its web site at any time without notice. Elements HVAC does not, however, make any commitment to update the materials.
Elements HVAC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Elements HVAC of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Elements HVAC’s web site shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Cancellation Policy: You may excercise cancellation of service before 24 hours of dispatch. You may not cancel service within 24 hours of dispatch at sole discretion of Elements HVAC. If technician has been dispatched to jobsite cancellation is not allowed and you will be held responsible for the service call accrued. Elements Service call dispatch for residential work is $59.95 during normal business and $99.95 for emergency or after hours service. This includes diagnostic time to determine repairs necessary. You will be billed at $110 per hour in 1/2 hour increments for technician time on jobsite or equivelency. Prices for repairs are parts and labor inclusive predetermined at an expected time for a competent technician to make repairs. Customers that choose not to make repairs, equipment is obsolete, unsafe to operate, or code violations will be billed a minimum repair charge of 1/2 hour labor. This fee may be credited to you at Elements HVAC sole discretion and applied toward future repairs and/or installaitons. All materials on jobsite including repair parts remain Elements HVAC property until payment satisfaction. Elements HVAC reserves the right of repossession and or confiscation of company owned materials for non payment.
Commercial Service: Service Call $99 normal business and $149 for emergency service. Labor rate $135 normal business and $165 for emergency service.
Removing, repairing or replacing drywall, plaster, tile or other wall, floor or ceiling materials including paint. Removal or cutting shrubs encroaching within manufacture's specified condenser unit setback requirements. Relocating other property away from work areas.
11. Dispute Resolution
In the case of any dispute, you and Elements HVAC will attempt to resolve our differences on our own. If we are unable to do so after 14 calendar days of either party notifying the other of the dispute, we shall within 14 days thereafter initiate mediation, according to the rules of the American Arbitration Association. If we still are unable to resolve our differences within 30 days after entering into meditation, we shall within 14 calendar days thereafter enter into binding arbitration according to the rules of the American Arbitration Association. Any dispute or claim relating to or arising out of our services or any agreement between us will be governed by and adjudicated under the laws of the state where the installing contractor's principal place of business is located. Additionally, any mediation or arbitration shall take place in the state where the installing contractor's principal place of business is located at a location mutually agreed upon by the parties. The rules of the American Arbitration Association which shall apply in any mediation or arbitration shall be the construction industry rules or such other rules as are most applicable to HVAC installation.
This Agreement sets forth the entire understanding between the parties. Any and all prior agreements, oral discussions, or oral representations made by either party to the other are superseded by this Agreement. Any modification to this Agreement must be made in writing and signed by all parties.
DELAYS: Elements HVAC shall not be liable for delays caused by events that are unforeseeable, beyond the control of Elements HVAC, or that arise due to no fault or negligence of Elements HVAC. Such events include, but are not limited to, acts of God, acts of a public enemy, acts of the Owner or Customer, fire, civil disturbance, flood, strikes, freight embargo, unusually severe weather, or inability to obtain materials.
13. Code Violations
Elements HVAC will strive to assure that its work complies with local requirements for building permits, inspections, and zoning. Elements HVAC assumes no responsibility or liability for any pre-existing violations of any government code, ordinances, or regulations. Unless this Agreement specifically calls for Elements HVAC to correct such violations, such corrections are excluded from this Agreement and are the sole responsibility of the Customer.
9. Price and Payments Terms for Installations We will perform this work for the sum of the Gas Furnace system plus the sum of the Air Conditioning system, and the sum of any IAQ Systems as selected from the options listed above. Your 1/2 deposit of the price for a matched equipment system you select will bind the contract. You agree to pay Elements HVAC the 1/2 deposit of the final, verified proposal and price quote at the time the contract is signed. You will pay us the balance when the system is operational. Once we receive the signed contract and deposit, we will contact you to schedule installation. In our discretion, if you default in making timely payment to us we may assess an interest charge of 1.5% per month, or the maximum allowable rate under applicable law on all past due payments; provided, however, this shall not be an election of remedy. If we have to hire an attorney or collection agency in order to collect sums due from you, you agree to pay our reasonable attorneys' fees and/or collection costs.
LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO OUR PERFORMANCE OF SERVICES FOR YOU.