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Terms & Conditions

updated 2/12/2024

Scope of Terms and Conditions: The Terms and Conditions of product sales and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging Green Comfort Systems to provide product(s) or perform or produce any services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Green Comfort Systems have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Green Comfort Systems and are referred to herein as either “Terms and Conditions” or this “Agreement.” Customer accepts these Terms and Conditions by making a purchase from or placing an order with Green Comfort Systems or engaging Green Comfort Systems to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Green Comfort Systems Site at the time Customer signs the Agreement will govern, unless otherwise agreed in writing by Green Comfort Systems and Customer.
 

Payment Terms: Customer shall pay Green Comfort Systems according to the terms contained in the Installation Proposal. Final payment shall be due after the work described in the Installation Proposal is substantially completed. Customer authorizes Green Comfort Systems to charge any delinquent invoices to any cards on file under customers account. 


BGE / Energy Tax Rebate / Rebate Terms: Green Comfort Systems includes any BGE rebate in our proposed pricing.  We may require your BGE account number to apply for the credit.  Failure to provide number my result in a separate invoice for the amount of the credit due.  The customer will be responsible for the invoiced price of the BGE rebate credit due to Green Comfort Systems if they do not provide BGE account number upon request.  All energy tax rebates are offered by government / state entities.  The amount that you qualify for is not guaranteed by Green Comfort Systems in payment or reimbursement in anyway by or through Green Comfort Systems.  Green Comfort systems will provide our up most due diligence to keep up to date with all savings but does not guarantee changes / standards when applying for any qualifying tax credits that may hinder the qualifying credit.

 

Change Orders: During the progress of the work under this Agreement, if Customer should order extra work not specified in the Agreement, Green Comfort Systems may require such extra work to be considered an agreement separate and aside from this Agreement and may require payment for said extra work in advance.
 

Work Schedule: Work shall be completed within a reasonable time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Green Comfort Systems’ ability to obtain materials, and/or any cause beyond Seller’s control.
 

Excess Materials: Extra materials left over upon completion shall be deemed Green Comfort Systems’ property, and Seller may enter upon the Property’s premises to remove excess material(s) at all reasonable hours.  
 

Right to Cancel: Customer agrees and acknowledges that under state and federal law, Customer has a right to cancel this Agreement upon written notice to Company within three (3) business days of the Effective Date hereof without penalty.  All canceled jobs after verbal or signed acceptance will be subjected to a 25% cancelation fee with no exceptions. 

 

Supervision Responsibility: Green Comfort Systems shall supervise and direct the work at Customer’s Property, using reasonable skill and attention. Green Comfort Systems shall be solely responsible for the construction means, methods, technique, sequences, and procedures for all work performed at Customer’s Property pursuant to this Agreement. Customer shall not interfere with Green Comfort Systems’ work forces or Green Comfort Systems’ subcontractors.
 

Warranties: Green Comfort Systems shall provide client with a limited warranty on service and labor for the duration set forth in the Installation Agreement, beginning on the date of completion of services against defects in the quality of workmanship and/or materials (“Warranty Period”). Green Comfort Systems shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures; (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, or expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or leaks of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions.  Green Comfort Systems is not responsible for any warranties provided by the manufacturer.  Green Comfort Systems makes no warranty to Buyer regarding materials and/or equipment installed (other than a warranty of title), and Seller authorizes no third person or party to assume any warranty obligation or liability on Green Comfort Systems’ behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer that shall furnish to Buyer any and all applicable warranty documents. Green Comfort Systems hereby assigns to Buyer, without recourse, any applicable warranties extended to Green Comfort Systems. Such assignment shall constitute Green Comfort Systems’ sole obligation and Buyer’s sole exclusive remedy from Green Comfort Systems with regard to defective materials and/or equipment installed. This limited warranty is in lieu of all other warranties, statutory or otherwise, express or implied, all representations made by Green Comfort Systems, and all other obligations or liabilities respective of the Services provided at the Property. Green Comfort Systems disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, implied warranty of habitability, implied warranty of fitness for a particular purpose or use, and/or implied warranty of merchantability. Under no circumstances shall Green Comfort Systems be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs or attempted repairs shall void this warranty entirely. Regular annual maintenance by Green Comfort Systems is required to keep this warranty in good standing. Lack of regular maintenance by a Green Comfort Systems technician can & will void any labor or equipment warranties provided. Warranty service outside of our normal operating hours of 7 am - 4pm Monday through Friday or on Holidays will be billed at the difference of our regular after hours rates. We will respond to your request for service with-in 24 hours of correspondence and schedule an appointment within 48 hours of correspondence. Green Comfort Systems reserves the right to void any and all warranties related to delinquent accounts.

 

Performance or Condition of Existing Equipment: Green Comfort Systems is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.
 

Existing Line Set: Green Comfort Systems is not responsible for any problems with heating or cooling due to the existing line set, which may require repair and replacement for an additional cost to the Customer in the event Green Comfort Systems is unable to pull a 500 micron vacuum on an existing line set. Should Customer reject Green Comfort Systems’ recommendation to replace an existing line set, Green Comfort Systems’ limited warranty is voided.
 

Existing Gas Pipe: Green Comfort Systems is not responsible for the condition of any existing gas pipe that is not readily accessible. Customer is responsible for any additional costs incurred if pressure testing is required to identify leaks and necessary repairs.

 

Electrical: Electrical reconnect does not include service upgrades or existing electrical conditions that do not meet code requirements, unless otherwise noted in the proposal.
 

Paint, Patchwork, and Repairs: Green Comfort Systems is not responsible for any painting, patchwork, or repair work that may be required following modification/installation work.
 

Personal Property: Green Comfort Systems is not responsible for damage to Customer’s personal property left in or near the project area.

 

Existing Attic Access Stairs: In the event Customer’s existing stairs cannot be safely utilized for the removal and installation of equipment, an alternate method or access may be required. Green Comfort Systems is not responsible for (a) the replacement or repair of attic steps or stairs that must be removed to complete removal or installation work; and/or (b) any property damage resulting from the removal of the attic steps or stairs.
 

Mold: Green Comfort Systems shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold. The discovery and/or removal or any mold or any hazardous materials is excluded from the scope of Green Comfort Systems’ work, and Green Comfort Systems reserves the right to stop work until such mold or hazardous materials are removed.
 

Insurance and Waiver of Subrogation: Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall inure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and Green Comfort Systems waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto
 

Indemnification: Customer shall indemnify, defend, and hold harmless Green Comfort Systems and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney's fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Seller; and (b) any failure of the Customer to comply with the requirements of the Agreement.
 

Risk of Loss: Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property. Green Comfort Systems shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to Customer’s Property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.

 

Severability: Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.

 

Performance: If Customer fails to perform any of Customer’s obligations herein or if Green Comfort Systems, in good faith, believes that the prospect of payment or performance to be impaired, Green Comfort Systems may upon seven (7) days written notice to Customer terminate this Agreement while retaining all mechanic’s lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys’ fees, and other charges due and unpaid.

Financing: Financing is subjected to lender approval.  Green Comfort Systems will not be responsible for any denial / approval / credit screening.  All financing terms will be through / with the lender of choice and not directly through Green Comfort Systems.

Discounts:  Any and all discounts provided by Green Comfort Systems shall not be valued as a cash discount / price or reimbursement unless strictly stated.  All discounts can be un-applied at any time before a signed contract.

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