Service Agreement.
SERVICE, INSTALLATION, MAINTENANCE, REPAIR AND WORK AUTHORIZATION AGREEMENT
This Service Agreement ("Agreement") is entered into between USACLIMAX LLC ("USACLIMAX" or "The Company") and the Customer identified at the end of this document, for the purpose of establishing the terms and conditions under which installation, maintenance, cleaning, repair, replacement of air conditioning equipment, heat pumps, HVAC systems, and any other related services will be provided.
1-PAYMENT OBLIGATION
-The Customer acknowledges that the price indicated above was freely accepted and agrees to make full payment immediately upon completion of the contracted work, unless a different written agreement signed by both parties exists.
The work shall be considered completed when the installed, repaired, or serviced system operates properly in accordance with the contracted service.
The existence of minor observations, programming adjustments, inspection visits, warranty reviews, or any other subsequent service shall NOT suspend or delay the payment obligation.
The warranty offered by USACLIMAX constitutes an obligation independent of payment and does not authorize the Customer to withhold all or any portion of the amount due.
In the event of nonpayment, USACLIMAX may suspend any additional service, non-mandatory warranty service, or supplementary assistance until the account is brought current, without prejudice to exercising any legal remedies permitted under the laws of the State of Florida.
2- AUTHORIZATION TO PERFORM THE WORK
The Customer expressly authorizes USACLIMAX LLC, its owners, employees, technicians, contractors, representatives, and authorized personnel to enter the property to perform all work necessary in connection with the contracted service.
This authorization includes reasonably necessary access to:
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rooms;
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hallways;
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patios;
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gardens;
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attics;
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suspended ceilings;
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roofs;
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garages;
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closets;
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mechanical rooms;
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service spaces;
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restricted access areas related to the HVAC system;
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any other area necessary to properly complete the work.
The Customer declares that they have sufficient authority to grant such access and that no person will interfere with the normal performance of the work.
The Customer also authorizes technicians to temporarily move furniture, objects, or other items when reasonably necessary to perform the installation, maintenance, or repair, while always exercising due care.
3- AUTHORIZATION TO MODIFY THE PROPERTY
The Customer understands that certain air conditioning work requires drilling, cutting, fastening, removal, openings, or minor modifications to walls, ceilings, floors, ceiling panels, wood, concrete, masonry, stucco, coverings, cabinets, ductwork, or other construction materials.
By signing this Agreement, the Customer expressly authorizes USACLIMAX to perform such work when technically necessary to properly complete the contracted service.
USACLIMAX will endeavor to ensure that such work is limited to the minimum necessary and will use technically accepted procedures to preserve the integrity of the property.
4-PREEXISTING CONDITIONS AND HIDDEN ELEMENTS
USACLIMAX shall not be responsible for damages, delays, or additional costs caused by hidden or preexisting conditions that could not have been detected through a reasonable visual inspection before the work began.
Such conditions include, but are not limited to:
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hidden pipes;
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hidden electrical wiring;
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gas lines;
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plumbing systems;
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structural beams;
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weakened structures;
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preexisting moisture;
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mold;
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termites;
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corrosion;
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previous leaks;
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electrical installations not compliant with applicable codes;
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repairs performed by third parties;
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construction defects.
If such conditions are discovered during the performance of the work, the Customer will be informed so that the Customer may decide whether to continue the work and, if applicable, accept any additional costs that may arise.
5- WORK AREA SAFETY
The Customer agrees to provide a safe and accessible work area.
Before work begins, the Customer shall remove, whenever possible, valuables, artwork, delicate electronic equipment, important documents, and any other property susceptible to accidental damage.
The Customer also agrees to keep minors, pets, and any person whose presence may interfere with the safe performance of the work away from the work area.
USACLIMAX may temporarily suspend work when conditions exist that pose a risk to its technicians or third parties until such conditions are corrected.
6- WARRANTY OF WORK
USACLIMAX LLC warrants that the workmanship performed will be carried out by qualified personnel, using appropriate materials and following accepted technical practices for the HVAC industry.
If, during the warranty period, a defect arises that is exclusively attributable to the installation or workmanship performed by USACLIMAX LLC, the Company will correct such defect at no additional cost to the Customer, within a reasonable period of time based on the nature of the problem and the availability of materials.
This warranty covers only defects resulting from workmanship performed by USACLIMAX LLC and does not constitute an absolute warranty regarding the continued operation of the equipment or the existing electrical installation.
Manufacturer warranties covering equipment, compressors, electronic boards, motors, fans, or other components shall be exclusively those offered by the applicable manufacturer.
7- WARRANTY EXCLUSIONS
The warranty provided by USACLIMAX LLC shall NOT cover damages or failures caused by:
• Handling or tampering with the equipment by persons not affiliated with USACLIMAX.
• Repairs performed by third parties.
• Lack of periodic maintenance.
• Improper use of the system.
• Electrical overloads or voltage fluctuations.
• Lightning.
• Hurricanes.
• Flooding.
• Fires.
• Animals or pests.
• Damage caused by pets.
• Acts of vandalism.
• Accidents.
• Acts of God or force majeure.
• Dirty filters.
• Clogged drains resulting from lack of maintenance.
• Subsequent modifications performed by third parties.
8- MINOR PROPERTY DAMAGE
USACLIMAX LLC will take all reasonable precautions to protect the property during the performance of the service.
However, the Customer acknowledges that certain work may require drilling, removal, openings, or handling inherent to the installation of HVAC systems.
If minor damage directly attributable to the actions of USACLIMAX technicians occurs during the normal performance of the work, the Company agrees, at its option, to:
• repair the damage;
• reasonably restore it;
• or provide financial compensation when appropriate.
USACLIMAX's liability shall be limited exclusively to damage directly caused by its personnel and shall never include improvements, remodeling, lost profits, business losses, or indirect damages.
9- LIMITATION OF LIABILITY
To the fullest extent permitted by the laws of the State of Florida, the total liability of USACLIMAX LLC arising from this Agreement shall not exceed the amount actually paid by the Customer for the specific service that is the subject of the claim.
USACLIMAX shall not be liable for indirect, incidental, special, or consequential damages, loss of income, loss of profits, loss of rental income, loss of use of the property, or any other economic loss resulting from system failure.
10- CUSTOMER RESPONSIBILITY
The Customer shall be responsible for:
• providing timely access to the property;
• ensuring the availability of electrical power when necessary;
• informing USACLIMAX of any special conditions existing at the property;
• identifying the location of hidden installations when known;
• maintaining safe conditions for technical personnel.
The Customer shall be responsible for any delay or additional cost caused by incorrect information or relevant omissions.
11- PROTECTION OF TECHNICAL PERSONNEL
The Customer acknowledges that USACLIMAX technicians will need to move through different areas of the property in order to properly complete the contracted work.
By signing this Agreement, the Customer expressly authorizes such access and releases USACLIMAX from any claim arising from the normal and reasonable use of hallways, rooms, stairs, attics, roofs, patios, gardens, and other areas necessary to provide the service.
USACLIMAX shall not be responsible for accidents caused by unsafe conditions existing on the property, including slippery floors, defective steps, deteriorated structures, domestic animals, improperly placed objects, or any other condition beyond the Company's control.
12- PHOTOGRAPHS AND DOCUMENTATION
The Customer expressly authorizes USACLIMAX LLC to take photographs and videos before, during, and after the work for the following purposes:
• documenting the initial condition of the property;
• documenting the installation or repair process;
• documenting final delivery;
• supporting warranty claims;
• quality control purposes;
• legal protection of both parties.
The images obtained shall be strictly technical in nature and shall not be used for advertising purposes without the Customer's express authorization.
13- ADDITIONAL WORK
When work not originally contemplated is identified during the performance of the service, USACLIMAX will inform the Customer before performing such work.
No additional work will be performed without the Customer's approval.
Additional work may result in additional charges that must be accepted before the work is performed.
14- CANCELLATIONS
If the Customer cancels the service after personnel, vehicles, materials, or equipment have been mobilized, USACLIMAX may charge reasonable expenses resulting from such cancellation, including personnel time, travel, and materials used.
15- FAILURE TO PAY
Any outstanding amount shall accrue late-payment interest at the maximum rate permitted by applicable law from the date payment becomes due.
The Customer agrees to reimburse USACLIMAX for reasonable collection expenses, legal fees, court costs, and other expenses necessary to recover any amount owed when permitted by law.
Failure to make payment authorizes USACLIMAX to suspend any additional non-mandatory service until the debt has been paid in full.
16- FORCE MAJEURE
USACLIMAX LLC shall not be responsible for delays or failures caused by circumstances beyond its reasonable control, including, but not limited to:
• hurricanes;
• tropical storms;
• flooding;
• fires;
• pandemics;
• power outages;
• material shortages;
• manufacturer delays;
• strikes;
• government orders;
• any other event constituting force majeure.
In such cases, performance deadlines shall automatically be extended for the reasonably necessary period of time.
17- ACCEPTANCE OF COMPLETED WORK
The Customer agrees to inspect the work upon completion.
When the system operates properly and the contracted service has been performed, the Customer will sign the acceptance of the work.
The acceptance signature constitutes evidence that the Customer received the service in satisfactory condition, without prejudice to rights arising from the applicable warranty.
An unjustified refusal to sign this document shall not prevent the work from being considered completed when the system operates properly and there is objective evidence of its proper completion.
18- WARRANTY INDEPENDENT OF PAYMENT
The warranty obligations assumed by USACLIMAX LLC are completely independent of the Customer's payment obligation.
Accordingly, any adjustment, repair, technical visit, or warranty claim does not authorize the Customer to:
• withhold payments;
• deduct amounts;
• suspend financial obligations;
• make unilateral offsets.
All warranty claims will be handled in accordance with the terms established by this Agreement.
19- DISPUTE RESOLUTION
The parties agree that any disagreement related to this Agreement shall initially be addressed through good-faith negotiation.
If an amicable resolution cannot be reached, the parties will seek to resolve the dispute through mediation before pursuing legal action, unless applicable law permits other immediate action.
20- GOVERNING LAW AND JURISDICTION
This Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida.
The parties agree to submit any legal proceeding related to this Agreement to the courts of competent jurisdiction in the State of Florida, unless otherwise provided by law.
21- ENTIRE AGREEMENT
This document constitutes the entire agreement between USACLIMAX LLC and the Customer regarding the contracted service.
Any conversation, verbal estimate, text message, email, or prior communication shall be superseded by the provisions contained in this document, unless there is a written agreement signed by both parties.
No modification shall be valid unless it is in writing and signed by both parties.
22- SEVERABILITY
If any provision of this Agreement is declared invalid or unenforceable by a competent authority, such circumstance shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
23-ASSIGNMENT
USACLIMAX LLC may use qualified employees, contractors, or subcontractors to perform the work when necessary, while remaining responsible for the quality of the contracted services.
The Customer may not assign their rights or obligations under this Agreement without the written authorization of USACLIMAX LLC.
24- DATA PROTECTION
The Customer authorizes USACLIMAX LLC to retain the information provided for administrative, warranty, billing, customer service, and legal compliance purposes.
USACLIMAX agrees not to disclose such information to third parties except when necessary to process payments, manage warranties, comply with legal obligations, or protect its rights.
25- DELIVERY CHECKLIST
The technician and the Customer will jointly review the following items before completing the service:
☐ Equipment installed correctly.
☐ Equipment level and securely fastened.
☐ System turned on and operating properly.
☐ Operating pressures verified (when applicable).
☐ Operating temperature verified.
☐ Drainage checked.
☐ Electrical connections verified.
☐ Pipe insulation inspected.
☐ Outdoor equipment properly secured.
☐ Remote control delivered.
☐ Manufacturer's manual delivered (if applicable).
☐ WiFi application configured (if applicable).
☐ Work area clean.
☐ Remaining materials removed.
☐ Customer received a basic explanation regarding equipment operation and maintenance.
☐ Customer acknowledges having received the service satisfactorily.
26- FINAL DECLARATION
By signing this Agreement, the Customer declares that:
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The Customer has read this document in its entirety.
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The Customer understands each of its provisions.
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The Customer has had the opportunity to ask questions.
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The answers received have been satisfactory.
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The Customer expressly authorizes the performance of the work described.
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The Customer accepts the agreed financial terms.
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The Customer acknowledges the obligation to make payment in accordance with this Agreement.
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The Customer accepts the warranty terms and limitations of liability established herein.