Cedar Heating & Cooling, LLC Terms & Conditions:
These “Terms & Conditions” apply to any and all business relationships between Cedar Heating & Cooling, LLC, that does business as Cedar Heating & Cooling, LLC (“Cedar Heating & Cooling”) and (Client) (Client, buyer, purchaser, patron, customer, consumer, landlord, owner, tenant, agent of owner, business representative, general contractor, power of attorney) any person or entity that purchases any products or any services from Cedar Heating & Cooling, LLC.
Payment Agreements & Obligations
Payments are due at time of service for all residential accounts; some commercial/special residential accounts may be permitted on a net-30 payment basis upon approval from Cedar Heating & Cooling, LLC. The commercial (or residential in some cases) Client will have 30 days to pay the invoice from the date the work is completed. If any amount due to Cedar Heating & Cooling, LLC is not paid by the guarantor in said period, a charge of 2% per month (24% per annum) of the delinquent balance or the maximum rate allowable by law shall accrue from the date payment is due until paid. The customer (commercial or residential) agrees to pay in the event the account becomes delinquent, all Cedar Heating & Cooling, LLC’s attorney fees associated with the collection of the account, plus all attendant collection costs, whether litigation is used or not. Acceptable payment forms are cash, checks, ACH payments, credit/debit card, or approved financing through Cedar Heating & Cooling, LLC & its affiliates. All return check fees are applicable to the customer. Allowable progressive payments are due within 14 days of invoicing or as permitted in the agreement, any late or delinquent progressive payments may void the original written agreed payment terms that were provided in the quotation or invoice & Cedar Heating & Cooling, LLC at its discretion may null those payment terms & revert to requiring the delinquent account to begin accruing finance charges on the entire remaining balance & at Cedar Heating & Cooling, LLC’s discretion may request payment in full (full remaining balance plus any accrued finance charges) prior to Cedar Heating & Cooling, LLC project continuation. In the event any of these circumstances stated in this document occur, these payment terms mentioned in these “terms & conditions” will supersede any other payment terms aforementioned in the quotation, and any other section of the quote, special payment terms or any other document provided with respect to the subject matter hereof. In the event any project invoice(s) has/have become delinquent or defaults on payment for the same Client as not limited to a particular invoice. Cedar Heating & Cooling, LLC at its discretion may cease work on any project until delinquent invoice(s) has/have been remedied & has satisfied Cedar Heating & Cooling, LLC’s payment terms. By placing a credit card on file with Cedar Heating & Cooling, LLC you are authorizing any monies owed to Cedar Heating & Cooling, LLC to be charged to that card at Cedar Heating & Cooling, LLC’s discretion. The customer agrees that all transactions are binding and governed by the interpreted laws of the State of Montana.
Project Terms
“Commencement” of project will be determined as once a quotation has been approved (verbally or written) and/or deposit has been paid and/or equipment has been ordered, herein this portion will be in effect. The commencement of a project is binding entitling Cedar Heating & Cooling, LLC entirely to the full dollar amount of the agreement, quote, or invoice whether project completion has been accomplished or incomplete due to any reason including but not limited to discord between contractor/Client/homeowner & Cedar Heating & Cooling, LLC, fire, flood, burglary/theft, default on payment, death of guarantor or any other reason prohibiting Cedar Heating & Cooling, LLC from completing the project. Cedar Heating & Cooling, LLC may null or modify at its discretion any previously agreed or written payment terms for reasons including but not limited to discord between Client & Cedar Heating & Cooling, LLC, fire, flood, burglary/theft, default on payments, or death of guarantor. Any Cedar Heating & Cooling, LLC supplied equipment, material, tools, including all project material is the sole property of Cedar Heating & Cooling, LLC, unquestionably until the invoice associated with the project in its entirety has been rendered paid in full whether material/equipment is on the Client’s property or not. The Client understands that photographs/video may be taken on the property of projects, and any may be used at Cedar Heating & Cooling, LLC’s discretion including advertising purposes. Cedar Heating & Cooling, LLC does not accept any type of back charges that have a penalty clause of any kind applicable to Cedar Heating & Cooling, LLC unless approved in writing by an executive officer or owner of Cedar Heating & Cooling, LLC. These “Terms & Conditions” and all the business relationships between Cedar Heating & Cooling, LLC and Client (including any products or services purchased by Client from Cedar Heating & Cooling, LLC) are governed by the laws of the State of Montana regardless of any choice of law or venue provisions of any jurisdiction.
Warranties / Returns / Refunds
Warranties from the manufacturer vary greatly and are in no way tied to Cedar Heating & Cooling, LLC & are based on the equipment itself. The only equipment warranties provided on any products purchased from Cedar Heating & Cooling, LLC are any applicable manufacturer’s warranty. Client should visit the applicable manufacturer’s website to register for any applicable product warranties. In some cases, Cedar Heating & Cooling, LLC at its discretion may submit warranty claim forms on behalf of the Client, however the Client is to hold Cedar Heating & Cooling, LLC harmless of any warranty admission. If Client has a product warranty claim, Cedar Heating & Cooling, LLC will assist Client in filing such claim under the manufacturer’s warranty provisions if Client requests such assistance from Cedar Heating & Cooling, LLC. The customer must provide in writing any deficiencies within (14) days of service, repair or installation to merit or initiate any warranty, return work or dispute. Cedar Heating & Cooling, LLC offers no warranty on any product or service that is provided by a subcontractor & the customer is limited to what if any warranty that product or service holds with that particular sub-contractor. Cedar Heating & Cooling, LLC reserves the right to remove its voluntary craftsmanship warranty for reasons including but not limited to, late or non-payment, disagreement between Client on nature of installation, repair, or replacement; Client requesting specific dynamics of a repair or installation that is not in line with Cedar Heating & Cooling, LLC’s professional recommendation & judgment. Cedar Heating & Cooling, LLC’s craftsmanship warranty – Cedar Heating & Cooling, LLC may at its discretion apply a voluntary craftsmanship warranty to any project or service. In doing so the craftsmanship warranty is limited to circumspection of Cedar Heating & Cooling, LLC to discern craftsmanship warranty eligibility. At Cedar Heating & Cooling, LLC’s discretion the eligibility for a craftsmanship warranty may be denied or approved based on the investigation & assessment of Cedar Heating & Cooling, LLC. Cedar Heating & Cooling, LLC cannot guarantee complete repair. Cedar Heating & Cooling, LLC offers no refunds or returns for any project, in the rare case & if at Cedar Heating & Cooling, LLC’s discretion any return or refund is approved, said returns / refunds are subject to a restocking fee equal to 15 percent of the total quoted / invoiced price the Client paid or was to pay for the returned products / services plus any and all applicable return freight / shipping charges, and Client agrees to these terms. Special order components are non-returnable for any reason.
Subcontracting
Cedar Heating & Cooling, LLC may at its sole discretion sub-contract in any manner related to the project a professional contractor for all or portions of any project. This may include but is not limited to electricians, plumbers, laborers, carpenters etc. In the event the sub-contracting is provided by Cedar Heating & Cooling, LLC all monies owed will be owed to Cedar Heating & Cooling, LLC directly. Monies owed to Cedar Heating & Cooling, LLC because of sub-contracting will fall under the same payment terms as any other Cedar Heating & Cooling, LLC product or service.
Workplace Environment / Consumer Responsibility / Condition of Property
Cedar Heating & Cooling, LLC is not responsible for any injuries that may result from work area hazards resulting from the use of the equipment during any of Cedar Heating & Cooling, LLC’s services. The Client understands that Cedar Heating & Cooling, LLC will have potentially dangerous equipment in use causing hazards/obstacles. The Client agrees to hold Cedar Heating & Cooling, LLC harmless for any injury that may arise from the project and/or equipment. Cedar Heating & Cooling, LLC does not move property or belongings typically. If Cedar Heating & Cooling, LLC moves any property on behalf of the Client to fully access the workspace environment, it will take every precaution prior to moving the Client’s property, however Cedar Heating & Cooling, LLC is not responsible for any damages that may result from moving said property, whether the damage is to the belongings/property, the home or facility. If the Client has not properly moved any property prior to a service, repair or installation & damage falls on the said property in result of being in the workspace of Cedar Heating & Cooling, LLC during a service, repair or installation, Client shall hold Cedar Heating & Cooling, LLC harmless for any damages ensued. The Client is fully responsible for the relocation of property to a safe location prior to project commencement. Cedar Heating & Cooling, LLC may use either an electric power source or a water supply source from the facility or property for the equipment. Cedar Heating & Cooling, LLC is not responsible for any damage that may ensue from using said resources including but not limited to, faulty outlets causing sparks or fire, outlets that cause overload or amperage to facility and damages that may be caused in result or faulty valves or spigots. Cedar Heating & Cooling, LLC is not responsible for any damage or harm that may ensue after using the facility resources including fire, flood, mold, electrocution, or death. Cedar Heating & Cooling, LLC is not responsible for any proclaimed damage, injury, or loss when Cedar Heating & Cooling, LLC is permitted into the property without your presence.
Workplace Intimidation / Harassment
Cedar Heating & Cooling, LLC has a zero-tolerance policy for any type of threatening, harassing or inappropriate behavior (verbal or physical) directed towards an employee or associate of Cedar Heating & Cooling, LLC. Cedar Heating & Cooling, LLC will not tolerate any type of berating behavior or vituperation. If the above behaviors or verbal behaviors are directed towards Cedar Heating & Cooling, LLC, at Cedar Heating & Cooling, LLC’s discretion the project may cease until the issue/behavior has been resolved mutually or legal mediation has been implemented at the expense of the Client. Ceasing of the project due to these circumstances (berating or vituperation) does not null any payment terms mentioned in these “terms & conditions”.
Limitation of Liability
In no event will Cedar Heating & Cooling, LLC be liable for any indirect, incidental, special, consequential, reliance, or cover damages, including loss of profits or revenue, incurred by Client or any third party, whether in an action in contract or tort, regardless of whether Client, Cedar Heating & Cooling, LLC or any third party has been advised of the possibility of such damages. Cedar Heating & Cooling, LLC’s maximum liability for damages regarding any business relationship between Cedar Heating & Cooling, LLC and Client (including, but not limited to, Cedar Heating & Cooling, LLC selling any products or services to Client) under no circumstances will exceed, in the aggregate, the total amount paid by Client to Cedar Heating & Cooling, LLC during the twelve month period preceding any claim asserted by Client against Cedar Heating & Cooling, LLC.
Quotations / Projects
Typically, a quotation is valid for 30 days from the date of creation, however price may change without notice. The details outlined in a quotation represent the total scope of the work and supersede any and all prior understandings and agreements between the parties with respect to the subject matter hereof. By approving a quotation, you are agreeing to and acknowledging that you have read and understand its contents and the policies that apply including all in this document. Due to the diverse nature of the HVAC industry, service, repair, or installation it is assumed that any equipment, material, line-items, etc. not explicitly described in any quotation are not included. It is the Client’s responsibility to verify the accuracy of the products and/or services listed in any quotation. Because of this variance, Cedar Heating & Cooling, LLC cannot guarantee a specific timeline or completion date of any HVAC project & total project completion is at the discretion of Cedar Heating & Cooling, LLC. Once work has begun on any project, the quotation is valid for 180 days from the date of acceptance by the Client. If the project is incomplete after 180 days because of untimely Client-based delays such as, but not limited to, slow approvals/responses, delayed building practices, scope changes / change orders; this may result in the termination of the quotation. Any remaining or ongoing work will be addressed via a new quotation or on a time & material basis. Cedar Heating & Cooling, LLC at its discretion reserves the right to withdraw from any quotation or project estimate at any time for any reason provided by Cedar Heating & Cooling, LLC. Cedar Heating & Cooling, LLC will refund the Client at its discretion any monies paid to Cedar Heating & Cooling, LLC for the said quotation withdrawn from (this portion of the agreement is only in effect for quotations or projects that are physically unbegun). Manual D, J, & S are not provided nor submitted for each & every installation or replacement. If the Client wishes to have professional load calculation, duct design, capacity calculations & engineering done to provide their project with a certified or ACCA Accredited Manual D, J, or S this will need to be requested prior to the quotation process & at an additional cost to the guarantor unless otherwise specified in the quotation.
Effectual Legal Agreement
Cedar Heating & Cooling, LLC and Client agree that these “Terms & Conditions” shall be binding on the successors and assigns of the parties; provided, however, that Client may not assign these “Terms & Conditions” (or any of its other rights or obligations with respect to Cedar Heating & Cooling, LLC) without obtaining prior written consent to such assignment from Cedar Heating & Cooling, LLC. In the event of any dispute arising under or related to these “Terms & Conditions” or any business relationship between Cedar Heating & Cooling, LLC and Client (including, but not limited to, any amount owed by Client to Cedar Heating & Cooling, LLC and any claims alleging a tort, breach of contract or any other type of legal or equitable claim), such dispute will be resolved in federal or state court in Flathead County, Montana or in the jurisdiction where the project originates, or in the jurisdiction where Client resides at the option of Cedar Heating & Cooling, LLC. Client hereby consents to such exclusive jurisdiction and venue and waives all objections thereto. The Client agrees that any litigation will take place on an individual basis. Class actions are not permitted, and Client agrees to give up the ability to participate in a class action regarding any claim(s) that may be asserted against Cedar Heating & Cooling, LLC. No waiver or change of any of the provisions of these “Terms & Conditions” shall be binding on any party unless in writing and signed by the party to be charged thereby. The waiver by one party hereto of a breach of any of the provisions of these “Terms & Conditions” shall not operate or be construed as a waiver of any subsequent breach. In no event shall Cedar Heating & Cooling, LLC be responsible or liable for any failure or delay in the performance of any obligation owed to Client due, directly or indirectly, to forces beyond its control, including, without limitation, strikes, work stoppages, accidents, illness, injuries, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, pandemics, government actions or orders, acts of God, or interruptions, equipment delays, loss or malfunctions of utilities, communications or computer hardware services. If any provision of these “Terms & Conditions” or the application thereof to any party or circumstances will to any extent be invalid or unenforceable, the remainder of these “Terms & Conditions” or the application of such provision to parties or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby and each provision of these “Terms & Conditions” will be valid and enforced to the fullest extent permitted by law. All of the provisions of these “Terms & Conditions” will survive the termination of any business relationship or any agreement between Cedar Heating & Cooling, LLC & Client.
Notwithstanding the foregoing, Cedar Heating & Cooling, LLC may amend these “Terms & Conditions” from time to time at its discretion by posting new “Terms & Conditions” and on its website at www.cedarmontana.com or the Client may request current “Terms & Conditions” if they choose. If Cedar Heating & Cooling, LLC does amend their “Terms & Conditions” and Client continues to do business with Cedar Heating & Cooling, LLC after such new “Terms & Conditions” have been posted on that website, Client will be deemed to have accepted and agreed to be bound by such new “Terms & Conditions”.
Controlling Terms
The provisions of these “Terms & Conditions” have control over any different or conflicting terms that may be contained in any purchase order or any other document that may be submitted by Client or any other party to Cedar Heating & Cooling, LLC. Client agrees that if any terms or conditions listed on any purchase order or any other document submitted by Client are different, inconsistent or in addition to these “Terms & Conditions”, such terms and/or conditions will be unenforceable and non-binding. This agreement embodies the entire agreement between associated parties and no other oral agreement shall alter the agreement hereof. If the Client is not available to physically sign this document, a verbal authorization will also bind this agreement. The above decree is equal and effective for all following:(Client, buyer, purchaser, patron, customer, consumer landlord, owner, tenant, agent of owner, business representative, general contractor, power of attorney).