Atlas AC Repair, LLC

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Terms & Conditions for Atlas AC Repair, LLC

PLEASE READ THESE TERMS CAREFULLY! THEY INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS. By submitting your order or accepting or using products, you acknowledge that you agree to these terms in their entirety.

Application.

These Consumer Terms and Conditions (“Terms”) apply to all purchases from Atlas AC Repair, LLC (“Atlas”) or of Atlas products, services, or equipment (“Product”) in the United States.
The Terms consist of this document and Atlas’:
      a. Service Contracts for PM services purchases;
      b. Consumer Warranties for Atlas-branded hardware purchases); and
      c. Consumer Purchase Contracts for equipment purchases.

Estimates and Invoices.

The provided Estimate is for completing the job described above. The Estimate is an approximation and is not guaranteed. The Estimate is based on information provided from the client regarding the work agreed to be performed (“Project”) requirements. Actual cost may change once all Project estimates are finalized and negotiated. Prior to changes or cost, the client will be notified in writing. Estimates are valid for thirty (30) days. Contractor does not specify in detail what is done to achieve finishes. Finishes will be listed in order to quote prices.

Any changes to the agreed-upon finishes will be reflected in the final invoice. There is a 50% deposit due upon the presentation of this agreement for signatures. The deposit will secure the starting date of the Project and will act as a binding contract agreement.

Invoices will be processed as each area is completed. Balances are due as progress invoices are sent out.

Pricing and Availability.

Prices and promotions are subject to change. Atlas strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.

Shipping.

Product title passes to you when the Product ships and/or is installed. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier, technician, or installer asks you to sign. Atlas is not responsible for any damages not noted on the delivery receipt.

Schedule.

Atlas anticipates that it will cause the repairs, replacement, or new installation of the HVAC equipment to commence upon receipt of the deposit. Substantial completion of the work will be reached in the agreed timeframe.

You shall be solely and exclusively responsible for coordinating with Atlas and scheduling installation dates for work to be accomplished during normal business hours.

Approval of Plans.

The Customer represents and warrants that the repairs or replacement of the HVAC equipment (“Plans”) has been approved by any contractor, association, or leaseholder having a right of architectural review and that if such approval has not been obtained Customer shall bear any costs resulting from changes to the Plans required as a result of any such review.

Orders, Acceptance and Cancellation.

Your order is an offer to buy. Atlas may send an order confirmation email to acknowledge receipt of your order. Atlas may process payment for and ship parts of an order separately. Atlas reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order to limit order quantities for any reason, including errors or suspected fraud.

Protection of Owner's Property.

Owner agrees to remove from the job site or to otherwise protect any personal property including, but not limited to carpets, rugs, drapes, furniture, shrubs, and plantings. Contractor shall not be held responsible for damage to or loss of any of the Owners personal property including but not limited to jewelry, clothing, or other personal items.

Assumption of Risk.

To ensure worksite safety, Owner shall restrict entry of Owner’s licensees and invitees onto the job site to make sure all services being rendered by Contractor can be completed in a safe and timely manner. Contractor will not be responsible for any damage created by Owner or Owner’s licensees or invitees or any injuries caused to Owner or Owner’s licensees or invitees. Contractor may require unauthorized individuals to leave the job site due to any dangerous conditions or for any other reason.

Owner must remove any breakable or valuable items on the job site while Contractor is conducting work. Contractor will not be responsible for moving or removing any furniture. Contractor shall not be responsible for damage or loss to any property not removed from the job site.

All pets must be secured while Contractor is performing work on the job site. Contractor will not be responsible for the security of pets, any pets escaping, or any damage caused to areas where work is being performed due to wandering pets. Additionally, Contractor will not be responsible for the recovery of lost pets, or any cost associated with the recovery of lost pets.

Excusable Delays.

Certain things can happen that can delay the Project that are not foreseeable and not under the Contractor’s control. These things include floods and severe storms, acts of war, strikes, shortage of labor and/or materials, sickness, and stay-at-home orders of any kind. If any of these events occur, the Contractor will receive the necessary additional time to complete the Project.

If for reasons beyond the Contractor’s control, the cost of labor and/or materials increases more than 5% from the date of signing this contract, the Owner will pay Contractor for the increased cost.

Unforeseen Conditions.

If Contractor encounters or discovers any unforeseen or concealed conditions or other conditions which are not anticipated, Contractor will notify Client of such condition in writing. It is not the responsibility of Contractor to fix or alleviate such condition, unless agreed upon otherwise in writing.

Independent Contractor.

The Owner and Contractor acknowledge that Contractor is an independent contractor and not an employee of the Owner.

Quality of Work and Warranty.

All the Work done by the Contractor will be of good quality with no faults or defects and will be completed as instructed. All work will be done per the rules, manufacturer instructions, and building codes that apply to this Project. The Contractor will use only new and good quality materials. The Contractor will give the Client all applicable manufacturer’s warranties upon completion.

Contractor will offer a craftmanship warranty up to one year upon final completion and final payment. If Contractor does not receive final payment, Contractor will have no obligation to complete any craftsmanship warranty work.

Warranty Disclaimer.

ATLAS INCORPORATES ITS CONSUMER WARRANTIES REFERENCED ABOVE WHICH APPLY TO PURCHASES OF ATLAS-BRANDED HARDWARE. ATLAS MAKES NO WARRANTIES FOR SERVICE, MAINTENANCE OR SUPPORT OR FOR NON-ATLAS BRANDED PRODUCT, WHICH ARE PROVIDED “AS IS,” AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS.

Effecting Warranty or Service Support.

IT IS YOUR RESPONSIBILITY TO CHECK THE BATTERIES IN THE THERMOSTAT AND THE SETTINGS, AND TO VERIFY ELECTRIC SERVICE AT THE BREAKER PANEL HAS NOT BEEN INTERRUPTED BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT). ATLAS AND/OR YOUR THIRD-PARTY SERVICE PROVIDER WILL HAVE NO LIABILITY FOR ANY LOSS FOR TRIP CHARGE COSTS FOR SERVICE CALLS REQUESTED BY CUSTOMER.

Parts used in repairing or servicing Product(s) may be new, equivalent-to-new, or reconditioned. Telephone Communications. Telephone communications with us, our agents, or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via prerecorded or auto-dialed calls. This consent is for non-telemarketing calls only.

Insurance.

Atlas shall maintain general liability and automobile insurance in an amount not less than TDLR requirements.

Below is the legalese that says Contractor will protect You from any damage that Contractor causes:

TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER AND ALL OF THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY OR DEATH OF ANY PERSON, PROPERTY DAMAGE, ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS CONTRACT OR CONTRACTOR’S PERFORMANCE OF THE WORK OR OTHER ACTIVITIES OF CONTRACTOR, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, STRICT LIABILITY OR FAULT OF CONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY CONTRACTOR.

Limitation of Liability.

In no event will Atlas be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Atlas has been advised of the possibility of such damages. YOU AGREE THAT ATLAS LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE. Some states do not allow limitation of certain damages, so these limitations may not apply to you.

Default.

If either the Contractor or the Owner fail to do anything required by this contract, they will be in default. If the Contractor is in default, you must give the Contractor written notice via email of what they have failed to do and must give them 72 hours to cure the default before the Owner can terminate this contract.

If you are in default, the Contractor must give you written notice via email of what they have failed to do and must give them 72 hours to cure the default before the Contractor can terminate this contract.

Once you sign this contract, you must do what it says you will do. You cannot back out once you sign this contract. This rule applies to both you and the Contractor.

Texas Disclosure Statement.

This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. If you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested. Not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the Contractor, you must provide the contractor an opportunity in inspect.

Termination.

If the Contractor fails to cure a default within 72 hours from the Owner’s written notice, you may terminate the Contractor. You must send written notice of termination via email to the Contractor. The written notice must detail any alleged default by the Contractor.

What happens when the contract is terminated:
      1. The Contractor is no longer allowed on the Project site, except to retrieve personal items.
      2. The Owner will take possession of all Work, materials, and equipment the Contractor has already installed on the property.
      3. No payments will be made to the Contractor, except for work already completed.
      4. The Owner may hire a different contractor to complete the Contractor’s Work or finish the Work as the Owner sees fit.
      5. If it costs the Owner more to complete the work described in this contract, the Contractor must pay the Owner the amount of the increase.
      6. If it costs the Owner less than the contract amount to complete the Contractor’s Work, the Owner will pay any amount remaining due on this contract to the contractor.

If you fail to cure a default within 72 hours from the Contractor’s written notice, the Contractor may stop work until such default is cured, and the Contractor may file a mechanic’s lien or take another legal action required to collect the amounts owed to the Contractor. Contractor can terminate this contract at any time and for any reason, by giving Owner ten (10) days’ notice.

Neither this Agreement nor any of the provisions hereof may be changed, waived, amended, discharged, or terminated orally, but only by statement in writing signed by you and Atlas.

Dispute Resolution.

THESE TERMS AND ANY DISPUTE BETWEEN YOU AND ATLAS WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS IN THE COUNTY OF BEXAR, WITHOUT REGARD TO CONFLICTS OF LAW.

YOU AND ATLAS AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND ATLAS WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

      a. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (“Atlas”) that relates in any way to your purchase or Product, these Terms, or Atlas’ marketing or advertising (“Claims”).
      b. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
      c. You and Atlas will share arbitration expenses in equal parts.
      d. Arbitration shall be administered by either:
              1. The American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org; or
              2. JAMS, subject to the JAMS Comprehensive Arbitration Rules available at (800) 352-5267 and www.jamsadr.com
      e. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
      f. You and Atlas agree to arbitration only on an individual basis. Neither you nor Atlas may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This Paragraph controls over any inconsistent term in any other agreement.
      g. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

Arbitration Fees.

The parties shall each pay one-half of all costs and fees associated with the arbitration. Each party shall be responsible for the cost of anyone they select to represent them at the arbitration.

Right to Photograph and Video Work.

Client shall permit Contractor or person(s) employed or engaged by Contractor, without compensation or consideration to Client, to take photographs and/or videos at the Project site of both completed work and work in progress for purposes including, but not limited to, publication in newspapers, magazines, other print media, use in broadcast media, publication via the internet (i.e., social media), and use in marketing materials used by Contractor. Such photographs and videos, along with any accompanying descriptions, shall not identify Client or the property address without the express consent of Client.

Termination for Convenience.

Contractor can terminate this agreement at any time and for any reason, by giving the Client ten days’ notice.

Waiver.

No waiver by the Contractor of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Contractor. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. THE OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256, PROPERTY CODE, TO RECEIVE FROM THE SERVICE PROVIDER AN ORIGINAL OR UPDATED LIST OF SUBCONTRACOTRS AND SUPPLIERS. BY SIGNING THIS DOCUMENT, THE CUSTOMER AGREES TO WAIVE THEIR RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS. I, THE CUSTOMER, UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE. I HAVE VOLUNTRILY CONSENTED TO THIS WAIVER.

Binding Effect.

This Agreement shall be binding upon and inure to the benefit of You and Atlas and the respective successors and assigns; provided, however, that Atlas may not assign or transfer its rights hereunder without the prior written consent of Client being first obtained. All Exhibits attached hereto are incorporated herein by reference and made a part of this Agreement.

Copyright and Confidentiality.

All Products or Methods utilized or developed by Atlas in the performance of its obligations hereunder, all Policies and Procedures manuals and documents developed and utilized by Atlas in the performance of its obligations hereunder, and all other information provided or utilized by Atlas from time to time hereunder shall constitute confidential and proprietary information and/or trade secrets of Atlas, (all such confidential or proprietary information being hereinafter collectively referred to as (“Confidential Information”). Customer agrees to retain the Confidential Information in confidence and not to disclose or use it for any purpose whatsoever without the prior written consent of Atlas. Regardless of the term of this Agreement, Customer shall be bound by this obligation until such time as such Confidential Information shall become part of the public domain.

All information received by each Party as to the operations, equipment, and business of the other shall be deemed confidential and shall not be disclosed to any third party except for the limited and exclusive purpose of Atlas’ use in performing audits as described herein.

Failure to Enforce not Waiver.

Any failure or delay on the part of either Party to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either Party to require performance of any of the terms, covenants, or provisions of this Agreement by the other Party shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either Party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving Party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Severability.

Should any provision of this contract be found by a court of competent jurisdiction to be invalid, the remaining provisions shall be enforced as in full force and effect.

Incorporation of Provisions Required by Law.

Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted and this Contract shall be read and enforced as though each were included. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion by either party.

Notice.

Any notice provided for under the terms of this Agreement by either Party to the other shall be in writing and may be effected by registered or certified mail, postage prepaid, return receipt requested unless an alternative form of notice of certain events has been specifically authorized herein. Notice to Atlas shall be sufficient if made or address to 4737 Shavano Oak, Suite 103, San Antonio, TX 78249. Notice to Client shall be sufficient if made or addressed to the address contained in the recitals above. Each Party may change the address at which notice may be sent to the Party by giving notice of such change to the other Party in accordance with these provisions.

Complete Agreement.

This is the complete agreement between the Client and the Contractor for this Project, and it can only be changed in writing when signed by both parties. There is no agreement between the parties outside of this contract.

Everyone executing this Agreement on behalf of a Party represents that he or she has the legal capacity and authority of that Party to execute contracts and agreements on its behalf. This Agreement shall be binding when executed by both Parties and when the first installment of Price has been paid. All terms and provisions of this Agreement shall inure to the benefit of the Parties, their respective heirs, executors, administrators, personal and/or legal representatives, successors, and assigns.

Important Notice: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.

EFFECTIVE DATE: MAY 2020

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