Duron Smith AC & Heat welcomes you to our site. The following Website Terms and Conditions Agreement (the “Agreement”) governs your use of the Internet website owned and operated by Duron Smith AC & Heat (the “Service”). Please carefully review this entire Agreement. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the Agreement. Your use of the Service constitutes your binding consent to all such terms, conditions, and notices. If you do not agree to be bound by this Agreement, you are not authorized to use this Service.
You are required to comply with all applicable laws in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Duron Smith AC & Heat. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
The professional information contained in this website is provided for educational purposes only and is not intended to replace discussions with a licensed technician or other air conditioning, heating, heat pump, split-system or plumbing specialist. Your use of this website and the Materials contained in this website is at your own risk. By using this website, you acknowledge that Duron Smith AC & Heat is providing the materials for informational purposes only and that Duron Smith AC & Heat is not providing the Materials to you for the purpose of giving you equipment servicing advice. You should not rely solely on the Materials when choosing a service or installation plan, but should speak with and Duron Smith AC & Heat trained representative prior to taking any action on air conditioning, heating, heat pump, plumbing or other electrical or plumbing systems. Duron Smith AC & Heat strongly urges that you consult with a specialist in connection with any and all installation or service options that may be available to you.
This Service may contain links to other Services (“Linked Services”). The Linked Services are not under the control of Duron Smith AC & Heat, and Duron Smith AC & Heat is not responsible for the content of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Advanced Air & Heat® is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by Advanced Air & Heat® in favor of any company offering Internet services, products or services on the Linked Services.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Duron Smith AC & Heat or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of Duron Smith AC & Heat or any third party.
The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Duron Smith AC & Heat. Requests for permission to reproduce any information contained on this Service should be addressed to email@example.com.
Notwithstanding the above, Advanced Air & Heat® authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Service, provided that the copy is used solely for noncommercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from this Service to create, directly or indirectly, a collection, compilation, database or directory without written permission from Duron Smith AC & Heat is prohibited.
All rights in the product names, company names, trade names, logos, product packaging and designs of all Advanced Air & Heat® or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Duron Smith AC & Heat or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Duron Smith AC & Heat or any third party.
Service Terms and Conditions
Duron Smith AC & Heat (“Company”, “We” or “Us”) and the person(s) named on the cover page of this agreement, incorporated by reference herein, (“You” or “Customer”) agree to the following Terms and Conditions:
1. Customer hereby accepts the equipment and service described above and agrees to pay the contract price set forth above. Payment in full is due from Customer upon completion of the work in all cases. By accepting the service or making a payment for all or part of the service, Customer accepts the service pursuant to these terms and conditions and the provisions of the attached work order incorporated into these Terms and Conditions by reference. Notwithstanding the foregoing, non-residential customers who have a pre-approved credit application on file with the Company prior to the date a given job has commenced shall have thirty (30) days from receipt of the applicable invoice to pay the same in full. Any deviation from these terms, including, without limitation, any financing arranged through third parties, must be agreed in writing prior to the commencement of a given job and all associated and necessary documents must be fully executed and delivered to the applicable parties before the job has commenced. For any service to be performed on multiple service calls or over a specified term, Company and Customer may mutually agree to payment by “Automatic Bank Account Debit” or “Automatic Credit Card Debit”, whereby Customer authorizes Company to charge a monthly installment from Customer’s bank or credit card account beginning one (1) month after the application is approved. If so agreed between Company and Customer, the automatic monthly payment will continue until a written notice of termination is received by Company. As permitted by applicable law, and to the extent applicable, upon renewal of this contract, Customer agrees that Company may change or increase the monthly installment charge and automatically debit such charge in connection with any changes to service fees. Service Agreement cancellation will be subject to Company’s then current refund policy .
2. These terms and conditions of service, together with the attached service agreement and/or work order, state specific addendum, and any applicable program terms, shall constitute the entire agreement of the parties and shall not be modified except by written change order issued and signed by Company. No prior representations, inducements, promises, or agreements between the parties, whether oral or written, shall be of any force or effect whatsoever. No terms stated by Customer in accepting or acknowledging this offer or otherwise shall be binding except as expressly incorporated herein.
3. All work will be completed in a workmanlike manner according to normally accepted industry practices. Materials and work in addition to that described herein will be furnished only on Customer’s authorization and will be paid by Customer as a separate charge. The pricing that Company provided to Customer does not include any costs or expenses that may be incurred in relation to the removal or disposal of any lead, asbestos, microorganisms, or any other hazardous material(s). To the extent Customer requests Company to perform such removal or disposal services and Company agrees to perform the same, such services shall be provided at an additional charge to Customer.
4. If Customer is not satisfied at any time during the twelve (12) months following the date the services are completed by Company, Company will promptly address and perform to Customer’s satisfaction those issues regarding work performed by Company, or refund the service fee actually paid by Customer or remove the installed equipment and issue a refund of the purchase amount actually paid by Customer. In order to take advantage of the foregoing: (i) the entire HVAC system (the “System”) is maintained annually by Company’s Authorized Service Technician; (ii) all repairs recommended by Company are performed; and (iii) the product(s) have been used solely for the purpose and under the conditions for which it was designed and has not been subjected to misuse, alteration, accident or abuse. The warranties herein and remedies for breach thereof are exclusive and conditioned upon Customer providing timely notification to Company. Such warranties and remedies are given by Company and accepted by Customer in lieu of any other remedies, warranties, and guarantees, express or implied, and in lieu of merchantability and warranty of fitness for a particular purpose. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The Company provides the above described limited labor warranty for all Customers. Equipment or system failure due to lack of proper maintenance service or abuse is expressly excluded. Damage, failure or breakdown resulting from malfunctions or operations caused by internet connected management systems, electronic or computerized energy management or lighting and appliance management systems, smart devices, or smart phone applications that can interface with a covered system or product is expressly excluded. Normal maintenance, filter replacements, and regular drain line maintenance are the sole responsibility of Customer. All other warranties, expressed or implied, are the responsibility of the manufacturer of the equipment, parts, or materials used in connection with the services.
5. Customer shall permit the Company reasonable access to the property on which equipment is to be installed and the services are to be performed. Title to all provided equipment remains with Company until Customer pays in full all amounts due thereon, whether such equipment is affixed to the realty or not, and shall remain personal property and be deemed severable without injury to the freehold. On any payment default by Customer, or if in the Company’s judgment, reasonably exercised, its equity appears to be imperiled, then, the Company may without further notice enter the premises and remove or resell the equipment, and Customer shall be liable for any deficiency or loss sustained by the Company in connection therewith.
6. Once equipment is connected at Customer’s property, Customer assumes all risk of loss or damage to such equipment and shall insure same fully to protect all interests of the Company, cost of insurance to be paid by Customer.
7. Upon failure to pay any sums due hereunder, Customer agrees to pay the Company interest at the rate of 1.5% per month simple interest (but not in excess of the maximum rate permitted under applicable law) for any overdue payment and to reimburse the Company for its attorneys’ fees and other costs incurred in the collection of unpaid balances. Furthermore, failure to pay in full for any work shall allow the Company to cease work on this or any other work for Customer and to post notice at all work sites without liability. In the event of non-payment, the Company, without prior notice, may remove all workmen and stored material from the project site. No credit or offset by Customer shall be permitted when service or work is refused for non-payment. All work furnished, lost profit, and costs of handling shall be due immediately upon invoice by the Company without liability to replace any equipment. Company hereby notifies Customer that persons or companies furnishing labor or materials for the construction on Customer’s land may have lien rights on Customer’s land and buildings if not paid. Company’s waiver of any breach by Customer of any of the provisions contained herein shall not constitute a waiver of any other breach of the same or any other provision. Company’s rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights and remedies available to Company under applicable law.
8. The Company shall not be liable for any default or delay caused by any events beyond its control, including but not limited to an act of God, war, utility or communication failures, fire, flood, strikes, or accidents.
9. In situations where the Company is required to contact Customer to schedule a service, to the extent permitted by applicable law, in the event Company cannot reach Customer after two (2) reasonable attempts or is otherwise prevented by Customer from performing the Service after two (2) attempts to schedule or perform such Service, as applicable, then Customer agrees that Company shall have fulfilled its obligations as to such Service hereunder, Company shall retain all funds that Customer previously paid to Company for such Service and Company shall be relieved of any further obligations to provide the Services.
10. Notwithstanding anything to the contrary set forth herein, this contract does not cover: (a) any maintenance plan and/or extended warranty plan governed by a separate agreement between Customer and a third party; (b) existing equipment, ductwork, electrical wiring, refrigerant lines, circuit breakers, service disconnects, or other materials not installed by the Company, unless expressly agreed in writing that for an additional annual fee to cover same; (c) any maintenance to equipment that has been altered or repaired by anyone other than an authorized service technician pursuant to this Contract, including any unauthorized alterations made by Customer or any agent of Customer; (d) damage or other equipment failure due to causes beyond Company’s control including, but not limited to, repairs necessary due to operator negligence, Customer’s failure to maintain the equipment according to the applicable owner’s manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, moisture or other unusual atmospheric conditions, acts of war or acts of nature; (e) consumable items defined as any part that is considered consumable by the manufacturer; (f) damage or failure caused by animals or insects; (g) regular maintenance, maintenance parts such as filters, lubricants, or refrigerant gases, unless specifically included in the description of the applicable service provided by Company; (h) failure and replacement caused by contamination of the sealed system such as by Green Slime, Dirty Sock Syndrome, or similar matters; (i) corrosive conditions caused by location or moisture; (j) leaks in the equipment in the evaporator, Schrader cores, condenser and/or metering device or other connections resulting from loose valves and/or loose valve caps, interconnecting fittings and/or field piping (line sets/tubing); (k) miscellaneous items such as nitrogen that are used to detect or diagnosis failures unless specifically included in the description of the applicable service; (l) alteration of the equipment to meet changes in federal, state or local codes and regulations, or repairs which require additional parts and labor to bring the equipment into working condition as a result of such government regulations; (m) manual or digital thermostats unless specifically included in the description of the applicable service and/or (n) any damage, failure or breakdown resulting from malfunctions or operations caused by internet connected management systems, electronic or computerized energy management or lighting and appliance management systems, smart devices, or smart phone applications that can interface with a covered system or product.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL COMPANY, ITS AGENTS, AND ITS EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST DATA, LOSS OF OPERATING TIME OR LOSS OF, OR REDUCTION IN USE OF, ANY FACILITIES (INCLUDING EXISTING FACILITIES) OR ANY PORTION THEREOF, INCREASED EXPENSE OF OPERATION OR MAINTENANCE, OR EXPENSE OR REPLACEMENT PRODUCTS RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN OR THE INABILITY TO RENDER ANY SERVICE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, OR DAMAGE ARISING FROM ANY SOURCE WHATSOEVER, INCLUDING NEGLIGENCE, IN EXCESS OF THE PRICE PAID BY CUSTOMER TO COMPANY FOR THE SERVICE WHICH GIVES RISE TO THE LOSS, COST, OR DAMAGE.
11. Customer expressly consents and permits Company to contact Customer by phone (via live operator or automated call) to schedule and provide products and services associated with the purchase or service. Customer consents to receive future communications and advertising about products and services we offer via phone, email or mail. Customer consents and agrees that Company may provide Customer’s contact information to third party partners for use in marketing related products, services and extended warranties.
12. Except as provided herein the Company makes no other representations or warranties, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a purpose the Company expressly disclaims all other warranties. The Company’s maximum liability hereunder shall consist of refunding all moneys paid to it by Customer hereunder subject to removal and return to the Company of all equipment provided hereunder. Under no circumstances will the Company be liable to Customer or any other person for any damages, including, without limitation, any indirect, incidental, special, or consequential damages, expenses, cost, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to this agreement, or the services or equipment provided hereunder.
13. This agreement shall be governed and construed solely according to the internal laws of the State of purchase and/or where the services are performed, without reference to any conflicts of laws.
Florida Addendum to Service Order
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
Construction Industry Licensing Board
1940 North Monroe Street
Tallahassee, FL 32399-2215
Telephone: (850) 921-6593
Any claims for construction defects are subject to the notice and cure provisions of Chapter 558, Florida Statutes.