7710 Cherry Park Dr Ste T418
Houston, TX 77095
As of 6.27.2022
These Terms and Conditions relate to Be Cool AC & Heating and its affiliates, hereby referred to as the ‘Company’.
The term “Products” refers to products, services, installations, materials, equipment, rentals, videos, online training/learning content, coaching, consulting offer and the like.
By purchasing Products through the site, by phone or in person you, hereby referred to as the ‘Buyer’, are agreeing to these terms and entering a contract with BE COOL AC & HEATING, BECOOLHOUSTON.COM, BECOOLACHOUSTON.COM.
All products, services, agreements, offerings and advice is provided “as is” with no warranties or indemnities as to its appropriateness for your particular situation, unless otherwise specified.
COMPANY assumes no responsibility for manufacturer malfunctions, Buyer gross negligence, or lack of maintenance on behalf of the Buyer, tampering by Buyer or 3rd party, or forces of nature beyond human control.
RELEASE OF LIABILITY AND INDEMNITY: Buyer acknowledges that the HVAC system works with the plumbing and the electrical systems of the home. Company is licensed to work on the HVAC components of these systems. Buyer acknowledges and agrees that Company is not responsible for any plumbing or electrical issues that arise from installing or servicing the HVAC system. Buyer releases Company from any liability outside of services rendered and HVAC components.
WARRANTIES & LIMITATIONS ON WARRANTIES: Company warrants that all work performed hereunder will be completed in a professional manner. All warranties for work performed will be stated on invoice. Only the manufacturer’s warranty is provided on any parts or material provided in connection with the work, unless otherwise stated. Buyer is responsible for securing the manufacturer warranty. Company’s obligation for defective products and/or workmanship or any damage caused thereby, and Buyer’s exclusive remedy, shall be limited to the replacement of any defective parts or workmanship and shall be conditioned upon Company receiving actual written notice of said defects within an applicable warranty period(s). All warranties are voided if: Buyer declines Company recommendation(s), Buyer tampers with or allows tampering of equipment, products, services, wiring etc., Buyer does not attain home surge protection to protect the HVAC equipment from power surges and lighting strike, Buyer does not complete payment, Buyer moves from dwelling, or any form of gross negligence or lack of maintenance on behalf of Buyer. Company is not responsible for any issues or discrepancies with manufacturer warranty or coverage.
FOR VIP MAINTENANCE BUYERS ONLY:
EQUIPMENT: The annual investment to be paid by Buyer under this agreement is based upon the maintenance of the Equipment and Accessories from the annual maintenance provided hereunder. In the event additional equipment is added to Buyer’s heating and/or air conditioning system, the Buyer will need to purchase an additional agreement if coverage of the added heating and/or air conditioning system is desired.
BUYER’S RIGHT TO CANCEL: Buyer may cancel VIP Agreement by phone call or mailing a written notice of cancellation to Be Cool A/C & Heating, hereinafter referred to as “Company”, within 30 days of entering agreement. In the event of cancellation by Buyer, Buyer shall receive a prorated refund of the payments made by Buyer for the current term of this Agreement for services not rendered. If Buyer received VIP member benefits equal to the cost of said agreement, Buyer forfeits refund.
COMPANY’S RIGHT TO CANCEL: Company reserves the right to immediately terminate this Agreement in the event: (i) heating and/or air conditioning equipment or accessories are installed in Buyer’s home by a company other than Company; (ii) Buyer has any part of the heating and/or air conditioning system serviced by another company other than Company; (iii) Buyer or 3rd party tampers with heating and/or air conditioning units or components (iv) Buyer fails to fulfill payment terms for services rendered (v) Buyer home or areas where HVAC units are located are contaminated, contain hazardous waste, are inaccessible and/or present any other issues that risk the safety or well-being of Company’s service technicians (vi) Buyer or those present in the home are discourteous, inebriated, nude, and/or violent or are in any other state not mentioned that presents a threat or liability to Company’s service technicians.
TRANSFERABILITY: This Agreement is transferable to the subsequent owner of the home in which the equipment and accessories are located, or to a new residence within the Company’s service area, provided that Company receives written notification of the sale of the property within sixty (60) days of transfer.
ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement between the parties and supersedes all other agreements either written or oral concerning the subject of the Agreement. Buyer affirms (s)he is the homeowner/authorized agent of the address for which this agreement is in force.
Thank you for choosing Be Cool A/C & Heating. Please contact your local office for any service-related questions. In case you need to reach us for any reason, you may call (832) 906-6113 or access our website at www.BeCoolACHouston.com.
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