CONSUMER TERMS AND CONDITIONS
TACLB License No. TACLB00153401E. Effective 09/01/2026
YOUR RIGHT TO CANCEL (3 BUSINESS DAYS). If this sale was made at your home or somewhere other than Atlas’s office, you may cancel within three (3) business days after you sign, without penalty. Cancel by email (info@atlasacrepair.com), mail, or hand delivery to 16116 College Oak, San Antonio, TX 78249, before midnight of the third business day. Atlas will refund all payments within ten (10) business days. See the attached Notice of Cancellation. Sales made entirely by phone, email, or online, with no sales visit at your home, are not home solicitation sales, and this 3-day right does not apply to them. Other cancellation rights, such as those in an Atlas service agreement, still apply. Emergency waiver: if you have a bona fide emergency (for example, no cooling in extreme heat) and need work to start right away, you may waive this right with a separate, signed and dated statement in your own handwriting describing the emergency. |
1. THESE TERMS. These Terms, together with your signed estimate or invoice (the “Estimate”), are the agreement between you (“Customer”) and Atlas AC Repair, LLC (“Atlas”) for HVAC repair, maintenance, replacement, and installation. Service agreements and maintenance plans have their own terms, which control if they conflict with these Terms.
2. ESTIMATES AND PAYMENT. Estimates are based on a visual inspection, are valid for 30 days, and may change only with your written approval. Installations: a 50% deposit is due at signing to schedule the work, and the balance is due at day of installation. Repairs and service: payment is due day of service. Late balances accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law, and you agree to pay reasonable collection costs. Atlas may file a mechanic’s lien as allowed by Texas law. Any charge over the lawful maximum is automatically reduced to the lawful maximum.
3. DELIVERY AND INSTALLATION. Atlas does not ship products. Atlas delivers the equipment to your home and installs it. Atlas bears the risk of loss until installation is complete, and title passes to you at completion. Atlas uses new equipment for installations. Repair parts may be new, equivalent-to-new, or reconditioned.
4. YOUR RESPONSIBILITIES. Provide safe access to the work area during normal business hours. Secure pets, and remove valuables and fragile items from the work area. Before requesting service, check thermostat batteries and settings and your breaker panel; a trip charge applies to service calls caused by these items. After the first 90 days following installation, you are responsible for routine maintenance, including changing filters and keeping condensate drain lines clear.
5. PRE-EXISTING AND UNFORESEEN CONDITIONS. Atlas is an HVAC contractor, not a home inspector. Atlas is not responsible for conditions that existed before its work, or that were hidden from a visual inspection, including existing ductwork, electrical service and panels, drain lines, insulation, structure, code violations, prior contractors’ work, water damage, and mold. If Atlas finds such a condition, it will stop, explain it, and give you a written price to address it. Additional work proceeds only with your written approval and at your cost. Atlas will not connect equipment to a screw-in fuse panel. If Atlas finds mold, water damage, or structural damage, work stops until the condition is addressed by a qualified specialist.
6. WARRANTIES FOR NEW SYSTEM INSTALL. Atlas passes through all manufacturer equipment warranties to you. Atlas warrants its workmanship for one (1) year from completion, once paid in full, unless stated differently in the estimate. The workmanship warranty covers only equipment and materials Atlas installed or replaced. It does not cover existing components, misuse, lack of maintenance, power surges, storms, or acts of nature. If anyone other than Atlas works on, adjusts, or services the Atlas-installed equipment, Atlas’s workmanship warranty and any Atlas service agreement coverage end for the affected components. This does not affect the manufacturer’s warranty, which is governed by the manufacturer’s terms. For a factory part failure, Atlas’s role is to obtain the replacement part under the manufacturer’s warranty process; labor is covered only as stated in Atlas’s workmanship warranty or a separate service agreement.
7. DISCLAIMER. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE WARRANTIES IN SECTION 6, ATLAS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATLAS DOES NOT GUARANTEE SPECIFIC INDOOR HUMIDITY LEVELS. HUMIDITY DEPENDS ON THERMOSTAT SETTINGS, SYSTEM RUNTIME, THE HOME’S CONSTRUCTION, AND OUTDOOR CONDITIONS. VERY LOW SETPOINTS (SUCH AS 68°F) CAN CAUSE SHORT CYCLES AND HIGHER HUMIDITY READINGS.
8. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, AND INCLUDING CLAIMS ARISING FROM ATLAS’S OWN NEGLIGENCE: (A) ATLAS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING HOTEL, TEMPORARY HOUSING, MEALS, OR PORTABLE HEATING/COOLING COSTS; (B) ATLAS IS NOT LIABLE FOR WATER, MOLD, CEILING, DRYWALL, OR PAINT DAMAGE FROM CONDENSATE DRAIN BACKUP OR OVERFLOW AFTER THE FIRST 90 DAYS FOLLOWING INSTALLATION, OR FROM SUDDEN REFRIGERANT RELEASE OR FACTORY COMPONENT FAILURE; AND (C) ATLAS’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID ON THE ESTIMATE AT ISSUE. THIS SECTION DOES NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND DOES NOT LIMIT ANY RIGHT UNDER THE TEXAS DECEPTIVE TRADE PRACTICES ACT OR OTHER LAW THAT CANNOT BE WAIVED. YOU AGREE THIS SECTION IS CONSPICUOUS.
9. DELAYS AND PRICE CHANGES. Atlas is not responsible for delays beyond its control, such as weather, supply shortages, labor shortages, or government orders; the schedule extends by the delay. If equipment or material costs rise more than 5% after you sign, Atlas will tell you in writing before proceeding. You may then approve the new price or cancel any work not yet performed and receive a refund of unused deposits.
10. DEFAULT AND TERMINATION. If either party fails to perform, the other must give written notice by email, and the party in default has 96 hours to cure. If it isn’t cured, the other party may terminate. If you are in default, Atlas may also stop work. Atlas may cancel any job on 10 days’ written notice and will refund any payment for work not performed. You pay for work completed and materials delivered for your job.
11. CALLS, TEXTS, AND PHOTOS. Calls may be recorded. By giving us your phone number, you agree that Atlas may call or text you about your service, including by automated means (not for telemarketing). Atlas may photograph or video its work for records and marketing, but will not identify you or your address without your consent.
12. DISPUTES. Texas law governs these Terms. Construction defects: see the Texas Property Code Chapter 27 notice below. Arbitration: any dispute will be resolved by binding arbitration on an individual basis under the American Arbitration Association Consumer Arbitration Rules, in Bexar County, Texas, and governed by the Federal Arbitration Act. 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. Either party may instead bring an individual claim in small claims court. YOU AND ATLAS WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
13. CHANGES TO THESE TERMS. The version of these Terms in effect on your service date applies to that job. For ongoing service agreements, Atlas will give 30 days’ written notice of any material change, and you may cancel without penalty before the change takes effect. Atlas will never reduce workmanship warranty coverage retroactively for work already completed.
14. GENERAL. These Terms and the Estimate are the entire agreement and may be changed only in a writing signed by both parties. If any part is unenforceable, the rest remains in effect. Any provision the law requires is deemed included. Notices to Atlas go to 16116 College Oak, San Antonio, TX 78249 or info@atlasacrepair.com. Neither party may assign this agreement without the other’s consent, except that Atlas may assign it to a successor business.
15. MODIFICATION OF TERMS AND CONDITIONS. Atlas AC Repair, LLC reserves the right to modify these Terms and Conditions from time to time. Such modifications may include, but are not limited to, updates to warranty disclaimers, liability limitations, maintenance requirements, or service terms.
REQUIRED TEXAS NOTICES
TEXAS PROPERTY CODE CHAPTER 27 NOTICE: THIS CONTRACT IS SUBJECT TO CHAPTER 27 (RESIDENTIAL CONSTRUCTION LIABILITY) 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 AND MUST DESCRIBE THE CONSTRUCTION DEFECT. IF REQUESTED BY THE CONTRACTOR, YOU MUST PROVIDE THE CONTRACTOR AN OPPORTUNITY TO INSPECT AND CURE THE DEFECT AS PROVIDED BY SECTION 27.004 OF THE TEXAS PROPERTY CODE. 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. SUBCONTRACTOR LIST (Property Code §53.256): [ATTORNEY TO CONFIRM WORDING AND WHETHER A WAIVER IS USED.] Regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599, www.tdlr.texas.gov. TACLB00153401E |
By signing the Estimate, you confirm you received, read, and agree to these Terms, including Sections 7, 8, and 12, and received two copies of the Notice of Cancellation.
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
Customer signature: ___________________________ Date: ____________
Atlas representative: _________________________ Date: ____________
