Our Terms of Service

Website Terms of Use

Website: www.callbrandywine.com
Last Updated: June 17, 2026

1. Eligibility and Acceptance

1.1 You must be at least 18 years old and able to form a binding contract to use the Site or submit any request through it. By using the Site, you represent that you meet these requirements.

1.2 If you use the Site on behalf of a household or property owner, you represent that you are authorized to do so.

2. Requesting Quotes and Appointments

2.1 Requests Only. The Site allows you to request a quote, estimate, or service appointment by submitting your contact information and a description of your needs. Submitting a request does not guarantee that an appointment is scheduled, that service is available, or that any price will be offered. We will follow up to confirm availability and details.

2.2 Accurate Information. You agree to provide accurate, current, and complete information when submitting a request, and to keep your contact details up to date so we can respond.

2.3 Confirmation. An appointment or quote is confirmed only when we communicate confirmation to you directly (by phone, text, or email). Any pricing discussed online is preliminary and subject to on-site assessment and the applicable service agreement.

3. No Service Contract Formed Online

3.1 No installation, maintenance, or repair contract is created through the Site. Any work we perform is governed by a separate written agreement (for example, a Work Order, Maintenance Plan Enrollment, or Service Ticket) and the terms that accompany it, which you will receive and accept separately.

3.2 In the event of any conflict between these Terms and a service agreement regarding the services themselves, the service agreement controls as to that work.

4. Accuracy of Information and Pricing

4.1 We strive to keep information on the Site accurate and current, but we do not warrant that descriptions, pricing, availability, or other content are complete, accurate, or error-free. Content may be updated or corrected at any time without notice.

4.2 Any prices, promotions, rebates, or offers shown on the Site are for general information only, may change, and are subject to eligibility requirements and the terms of the applicable service agreement. Pricing is not binding until confirmed in a written quote or service agreement.

5. Acceptable Use

5.1 You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms
• Submit false, misleading, or fraudulent requests or information
• Attempt to gain unauthorized access to the Site, its servers, or related systems
• Introduce viruses, malware, or other harmful code
• Use any robot, scraper, or automated means to access or collect data from the Site without our written permission
• Interfere with or disrupt the operation of the Site or its security features
• Copy, reproduce, or redistribute Site content except as permitted in Section 6

5.2 We may suspend or terminate your access to the Site at any time if we believe you have violated these Terms.

6. Intellectual Property

6.1 The Site and its content — including text, graphics, logos, the Brandywine name and marks, images, and design — are owned by or licensed to Company and are protected by intellectual property laws. The Company name, logo, and branding are trademarks of Company and may not be used without prior written permission.

6.2 You are granted a limited, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial purpose of learning about and requesting our services. No other right or license is granted.

7. Text Messages and Communications Consent

7.1 By submitting your phone number through the Site, you agree that we may contact you by phone call, text message (SMS), and email regarding your request, including to confirm appointments, send technician notifications, provide quotes, and follow up on your inquiry. Automated or pre-recorded messages may be used.

7.2 Message and data rates may apply. You may opt out of marketing text messages at any time by replying STOP; transactional messages relating to a request or appointment may continue as needed to respond to you. Consent to marketing messages is not a condition of requesting or receiving services.

8. Privacy

8.1 Information We Collect. When you use the Site or submit a request, we may collect the information you provide (such as your name, address, phone number, email, and details about your HVAC needs) and certain technical information collected automatically (such as IP address, browser type, pages visited, and similar usage data, including through cookies).

8.2 How We Use It. We use this information to respond to your requests, schedule and provide services, communicate with you, operate and improve the Site, and comply with law. We do not sell your personal information.

8.3 Sharing. We may share information with service providers who help us operate our business (for example, scheduling, payment processing, text-message, and communications platforms) under obligations of confidentiality, and as required by law. We do not share your information with unrelated third parties for their own marketing.

8.4 Cookies. The Site may use cookies and similar technologies to function properly and to understand how visitors use the Site. You can control cookies through your browser settings, though some features may not work without them.

8.5 Data Retention and Security. We retain information as long as needed to respond to you, provide services, and meet legal and recordkeeping requirements. We use reasonable administrative and technical measures to protect your information, but no method of transmission or storage is completely secure.

8.6 Your Choices. You may request access to, correction of, or deletion of your personal information by contacting us using the details in Section 16, subject to applicable law and our recordkeeping obligations.

8.7 Children. The Site is not directed to children under 13, and we do not knowingly collect personal information from them.

9. Third-Party Links and Services

9.1 The Site may contain links to third-party websites or use third-party services (for example, scheduling, mapping, review, or payment platforms). We are not responsible for the content, accuracy, or privacy practices of third parties. Your use of third-party services is governed by their own terms and policies.

10. Disclaimers

10.1 THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Information on the Site is for general informational purposes and is not professional advice for your specific situation.

11. Limitation of Liability

11.1 TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). This limitation does not apply to liability that cannot be limited under applicable law, and it does not affect your rights under any separate service agreement.

12. Indemnification

12.1 You agree to indemnify and hold harmless Company and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your misuse of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Dispute Resolution

13.1 Good-Faith Negotiation. In the event of a dispute relating to the Site or these Terms, the parties agree to first attempt to resolve the matter through good-faith negotiation, with written notice of the dispute provided to the other party.

13.2 Mediation. If negotiation fails within thirty (30) days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator located in Chester County, Pennsylvania. The cost of mediation shall be shared equally.

13.3 Binding Arbitration. IF MEDIATION FAILS, ANY UNRESOLVED DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, BEFORE A SINGLE ARBITRATOR SEATED IN CHESTER COUNTY, PENNSYLVANIA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.

13.4 Class Action Waiver. THE PARTIES AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR CONSOLIDATED ACTION.

13.5 Exceptions. Notwithstanding Section 13.3, either party may (a) seek injunctive or equitable relief in court to prevent immediate or irreparable harm, or (b) bring a small-claims action for amounts within the jurisdictional limit of the Chester County Magisterial District Court.

14. Changes to These Terms

14.1 We may update these Terms at any time. Changes are effective when posted on the Site with a revised “Last Updated” date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

15. General Provisions

15.1 Governing Law. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.

15.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.

15.3 Entire Agreement. These Terms are the entire agreement between you and Company regarding the Site and supersede prior understandings regarding the Site. They do not supersede any separate service agreement governing work we perform.

15.4 Waiver. Our failure to enforce any provision is not a waiver of that or any other provision.

15.5 Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations without our prior written consent.

16. Contact Us

16.1 Questions about these Terms or our privacy practices may be directed to:

Brandywine Services Group LLC
Mailbox 25, Westgrove, Pennsylvania 19390
Phone: 484-SERVICE
Email: hello@brandywineservices.com
Website: www.callbrandywine.com

Residential HVAC Repair & Service Terms of Service

PA Home Improvement Contractor Registration No.: PA214909
Effective Date: These Terms shall become effective as of the date Customer signs, electronically accepts, or otherwise authorizes service referencing these Terms.

1. Service Calls and Scope of Work

1.1 Contractor will diagnose and, upon authorization, repair the HVAC equipment identified on the Service Ticket. Service work may include diagnosis of a reported problem, repair or replacement of failed components, and verification that the repaired system operates for its intended purpose.

1.2 The scope of any Service Call is limited to the specific equipment and reported problem described on the Service Ticket. Work on additional equipment, additional problems, or additional systems requires separate authorization.

1.3 Diagnosis of an intermittent or hidden fault may require more than one visit. Contractor does not guarantee that the cause of every reported problem can be identified in a single visit.

2. Dispatch and Diagnostic Fees

2.1 Dispatch Fee. A dispatch fee of seventy-nine dollars ($79.00) applies to each Service Call to cover travel, scheduling, and the technician’s trip to the property. The dispatch fee is fixed, is earned when the technician is dispatched, and is not waived or credited, regardless of whether Customer proceeds with any repair.

2.2 Diagnostic Fee. A diagnostic fee of sixty-two dollars ($62.00) applies to the diagnosis of the reported problem. The diagnostic fee is waived if Customer authorizes and proceeds with the recommended repair during the same Service Call. If Customer declines the repair, the diagnostic fee is charged in addition to the dispatch fee.

2.3 Disclosure. The dispatch fee and, where applicable, the diagnostic fee are disclosed to Customer before the Service Call and are stated on the Service Ticket. Additional fees (for example, after-hours rates under Section 8) apply only as disclosed in advance.

3. Authorization to Perform Repairs

3.1 Approval Before Repair. After diagnosis, Contractor will present the recommended repair and its price. No repair will be performed until Customer authorizes it in writing or by electronic acceptance on the Service Ticket. Verbal authorization may be relied upon where Customer is not physically present, and will be documented on the Service Ticket.

3.2 Approval of Additional Work. If, during a repair, Contractor discovers additional problems or that the cost will exceed the authorized amount, Contractor will stop and obtain Customer’s authorization for the additional work or cost before proceeding, except where immediate action is required to prevent imminent harm to persons or property.

3.3 Declined Repairs. Customer may decline any recommended repair. If Customer declines, Contractor will leave the equipment in a safe condition where reasonably possible and charge only the applicable dispatch and diagnostic fees and any work already authorized and performed.

4. Repair Pricing

4.1 Pricing Per Job. The price of each repair is stated on the Service Ticket before the repair is authorized. Pricing may be presented as a flat-rate amount or as time and materials, as stated on the Service Ticket. Quoted prices exclude applicable taxes unless otherwise stated.

4.2 Estimates. Any estimate for repair work is based on the condition known at the time of diagnosis and may change if hidden or additional conditions are found, subject to the authorization requirement in Section 3.2.

5. Parts

5.1 Parts Supplied by Contractor. Contractor sources and supplies replacement parts. Parts are billed to Customer at Contractor’s price, which includes a markup over Contractor’s cost. The price of parts is reflected in the repair price on the Service Ticket.

5.2 All Sales Final. All parts sales are final. Installed parts are not returnable or refundable. Special-order parts are non-cancellable once ordered.

5.3 Customer-Supplied Parts. If Customer requests installation of a part Customer supplies, Contractor may decline. Where Contractor agrees to install a Customer-supplied part, that part and the labor to install it carry NO warranty of any kind from Contractor, and Contractor is not responsible for the part’s quality, fit, performance, or any damage or failure arising from it. The repair warranty in Section 6 does not apply to Customer-supplied parts.

5.4 Old Parts. Replaced parts will be disposed of by Contractor unless Customer requests their return at the time the repair is authorized.

6. Repair Warranty

6.1 30-Day Repair Warranty. Contractor warrants parts supplied by Contractor and the labor to install them for thirty (30) days from the date of the repair. If the same component fails due to a defect in the part or Contractor’s workmanship within that period, Contractor will re-perform the repair of that component at no additional charge for the warranted part or labor.

6.2 Callback. Customer must notify Contractor of a warranted failure within the 30-day period and allow Contractor the opportunity to inspect and re-perform the repair before engaging another provider. Repairs or alterations by anyone other than Contractor during the warranty period void this warranty as to the affected component.

6.3 Manufacturer Warranty. Any longer manufacturer warranty on a part is passed through to Customer and is administered by the manufacturer under its own terms. Contractor’s 30-day warranty is separate from, and in addition to, any manufacturer warranty.

6.4 Exclusions. The repair warranty does not cover:

• Components other than the one repaired
• Failures caused by misuse, neglect, power events, water, pests, or lack of maintenance
• Customer-supplied parts and the labor to install them
• Pre-existing conditions and the continued or future failure of other, un-repaired components
• Damage from continuing to operate equipment after a problem is known

6.5 Disclaimer of Other Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN STATEMENT BY CONTRACTOR SHALL CREATE OR MODIFY ANY WARRANTY HEREUNDER.

7. Repairs That Cannot Be Completed

7.1 Repair Not Possible. Some equipment cannot be safely or economically repaired. Where this is the case, Contractor will inform Customer, charge only the applicable dispatch and diagnostic fees and any authorized work performed, and may recommend replacement. Replacement is a separate matter governed by Contractor’s installation Terms of Service.

7.2 Parts Availability. Repairs may be delayed or rendered impossible by the unavailability of parts, including obsolete or discontinued components. Contractor is not liable for delays or for the inability to complete a repair due to parts unavailability.

7.3 Refrigerant Availability. Customer acknowledges that certain refrigerants (including R-22 and other phased-out refrigerants) are limited in availability and increasing in cost, and that some systems cannot be recharged or repaired without major component replacement. Contractor does not guarantee the availability or future cost of any refrigerant.

7.4 No Responsibility for Other Components. Repairing one component does not warrant the condition of the remainder of the system. Older systems may experience additional failures after a repair. Contractor is not responsible for the subsequent failure of components it did not repair.

8. Emergency and After-Hours Service

8.1 Emergency, after-hours, weekend, and holiday Service Calls, where available, are billed at Contractor’s applicable premium rates, which will be disclosed to Customer before the work is performed and stated on the Service Ticket.

8.2 Contractor will make reasonable efforts to respond promptly to emergency requests but does not guarantee any specific response time unless expressly agreed in writing.

9. Payment Terms

9.1 Payment Due. Payment in full for a Service Call, including fees, labor, and parts, is due upon completion of the work unless alternative arrangements are made in writing.

9.2 Payment Methods. Accepted payment methods include cash, check, credit card, and electronic funds transfer. A convenience fee of up to three percent (3%) may apply to credit card payments.

9.3 Late Payment. Invoices not paid within thirty (30) days of the due date shall accrue interest at one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by applicable Pennsylvania law, whichever is less.

9.4 Saved Payment Methods. Where Customer provides a card to be kept on file (including via Podium Text-to-Pay or any similar service), Customer authorizes Contractor to charge it for any invoice amount Customer has approved and for past-due amounts after written notice. Customer may revoke authorization in writing but remains liable for charges authorized before revocation, and agrees to contact Contractor in good faith to resolve any billing dispute before initiating a chargeback.

9.5 Collection Costs. In the event of non-payment, Customer shall be responsible for all costs of collection, including reasonable attorneys’ fees and court costs.

10. Your Right to Cancel (Three-Day Rescission)

10.1 Three-Day Right to Cancel. For a residential Service Call exceeding $500, YOU, THE CUSTOMER, MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN IT, WITHOUT PENALTY OR OBLIGATION, by delivering or mailing written notice of cancellation to Contractor at the address on the Service Ticket.

10.2 Waiver for Emergency Repairs. If Customer requests that Contractor begin repair work before the end of the three-day period to address an emergency, Customer may be asked to sign a separate written statement acknowledging the emergency and waiving the right of rescission to the extent the work is performed, as permitted by law. Customer remains responsible for work actually performed at Customer’s request.

10.3 Refund. Upon timely cancellation under Section 10.1 of work not yet performed, Contractor will refund any payment made for that work within ten (10) days, less the value of any work Customer authorized and Contractor performed before cancellation.

11. Scheduling and Access

11.1 Contractor will schedule Service Calls at a mutually agreeable time. Arrival windows are estimates and are not guaranteed.

11.2 Customer shall provide safe and clear access to the equipment, including indoor units, outdoor units, attics, crawlspaces, and mechanical rooms. A responsible adult must be present where required.

11.3 If Contractor’s technician arrives and cannot perform work due to lack of access, no one being present where required, or unsafe conditions, the dispatch fee in Section 2.1 applies and a return visit may be required.

12. Refrigerant and EPA Compliance

12.1 Contractor is certified under EPA Section 608 for refrigerant handling. All refrigerant recovery, recycling, and recharging is performed in compliance with EPA regulations and is billed as part of the authorized repair.

12.2 A2L Refrigerant. For equipment using R-454B or other A2L (mildly flammable) refrigerants, service is performed in accordance with manufacturer instructions and applicable ASHRAE 15 and UL 60335-2-40 safety standards. Customer agrees not to attempt unauthorized refrigerant servicing and to contact Contractor promptly in the event of a suspected leak.

13. Limitation of Liability and Insurance

13.1 Insurance. Contractor maintains commercial general liability insurance covering personal injury and property damage in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate, workers’ compensation insurance, and any other insurance required by Pennsylvania law. A Certificate of Insurance will be provided upon request within five (5) business days.

13.2 Liability Cap. Except for: (i) bodily injury or property damage caused by Contractor’s gross negligence or willful misconduct, or (ii) Contractor’s obligations under Section 14 (Indemnification), Contractor’s total liability under this Agreement shall not exceed the greater of (a) the total amount paid by Customer for the Service Call or (b) two thousand dollars ($2,000.00).

13.3 Exclusion of Consequential Damages. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS, SPOILAGE, OR DAMAGE TO PROPERTY NOT DIRECTLY RELATED TO THE WORK PERFORMED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.4 Customer is responsible for disclosing known hazardous conditions on the property, including asbestos, lead paint, mold, structural deficiencies, knob-and-tube wiring, or buried utility lines. Contractor shall not be liable for damages arising from undisclosed hazardous conditions and may decline to work where conditions are unsafe.

14. Indemnification

14.1 Customer agrees to indemnify, defend, and hold harmless Contractor, its officers, employees, agents, and subcontractors from any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising solely from Customer’s gross negligence, willful misconduct, misrepresentation, or material breach of this Agreement, or from a Customer-supplied part.

14.2 Contractor agrees to indemnify, defend, and hold harmless Customer from any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from Contractor’s negligence or willful misconduct in the performance of work under this Agreement, subject to the limitations in Section 13.

15. Property and Site Conditions

15.1 Contractor will take reasonable care to protect Customer’s property during the Service Call. Minor cosmetic disturbance incidental to accessing equipment is not covered under this Agreement.

15.2 Customer acknowledges that accessing equipment in finished or confined spaces may require limited disturbance, and that unforeseen conditions may be discovered that affect the time and cost of the repair, subject to the authorization requirement in Section 3.2.

16. Communications Consent (TCPA)

16.1 Customer expressly consents to receive communications from Contractor by SMS/text message, telephone call (including pre-recorded or automated calls), and email at the numbers and addresses provided, for purposes including scheduling, technician en-route notifications, invoices, payment reminders, and service follow-ups.

16.2 Standard message and data rates may apply. Customer may opt out of marketing SMS at any time by replying STOP; transactional service messages may continue as necessary to complete the requested service.

16.3 Customer’s consent to receive marketing communications is not a condition of service.

17. Dispute Resolution

17.1 Good-Faith Negotiation. In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation, with written notice of the dispute provided to the other party.

17.2 Mediation. If negotiation fails within thirty (30) days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator located in Chester County, Pennsylvania. The cost of mediation shall be shared equally.

17.3 Binding Arbitration. IF MEDIATION FAILS, ANY UNRESOLVED DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, INTERPRETATION, OR BREACH, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, BEFORE A SINGLE ARBITRATOR SEATED IN CHESTER COUNTY, PENNSYLVANIA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.

17.4 Class Action Waiver. THE PARTIES AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR CONSOLIDATED ACTION.

17.5 Exceptions. Notwithstanding Section 17.3, either party may (a) seek injunctive or equitable relief in court to prevent immediate or irreparable harm, or (b) bring a small-claims action for amounts within the jurisdictional limit of the Chester County Magisterial District Court.

17.6 Prevailing Party Fees. In any arbitration, mediation, or legal proceeding arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, expert fees, and costs from the non-prevailing party.

18. Force Majeure

18.1 Neither party shall be liable for delays or failure to perform due to events beyond their reasonable control, including natural disasters, pandemics, government actions, labor strikes, parts or supply shortages, or utility failures.

18.2 The affected party shall notify the other promptly and make reasonable efforts to mitigate the impact of the force majeure event.

19. Safety and Regulatory Compliance

19.1 All work shall be performed in compliance with applicable codes, OSHA regulations, EPA guidelines, and industry standards.

19.2 Contractor shall ensure that technicians are properly licensed, certified, and trained for the work performed, including EPA Section 608 certification for refrigerant handling.

19.3 Customer agrees to maintain a safe work environment and to notify Contractor of any known hazards at the property.

20. General Provisions

20.1 Entire Agreement. This Agreement (these Terms together with the Service Ticket) constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, oral statements, and agreements relating to the Service Call.

20.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.

20.3 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable.

20.4 Assignment. Contractor may assign this Agreement to a successor entity, affiliate, or in connection with the sale of substantially all of its assets. Customer may not assign this Agreement without Contractor’s prior written consent.

20.5 Waiver. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

20.6 Notices. Notices shall be delivered in writing by mail or email to the addresses on file. Notice by email is effective upon delivery confirmation.

20.7 No Oral Modification. This Agreement may be modified only by a written instrument signed (including by electronic acceptance) by both parties.

20.8 Independent Contractor. Contractor is an independent contractor, not an employee, partner, or joint venturer of Customer.

20.9 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

Residential HVAC Maintenance Plan Terms of Service

PA Home Improvement Contractor Registration No.: PA214909
Effective Date: These Terms shall become effective as of the date Customer signs, electronically accepts, or otherwise enters into the Maintenance Agreement referencing these Terms.

1. Covered Services and Scope of Maintenance

1.1 Included Visits. Unless the Plan Enrollment states a different number, the base plan includes two (2) scheduled preventive-maintenance visits per plan year: one (1) cooling-season tune-up (typically spring) and one (1) heating-season tune-up (typically fall). The number of included visits and any tier-specific benefits are stated on the Plan Enrollment.

1.2 Scope of Each Visit. A standard maintenance visit includes inspection and routine servicing of the covered equipment, which may include, as applicable to the equipment type:

• Inspecting and, where appropriate, cleaning the indoor and outdoor coils
• Replacing or cleaning standard 1-inch air filters supplied by Customer, or supplied by Contractor where the Plan Enrollment so states
• Checking and tightening electrical connections and measuring voltage and amperage on key components
• Checking refrigerant charge and inspecting for visible leaks (refrigerant itself is not included; see Section 3)
• Inspecting and clearing the condensate drain line and pan
• Inspecting the blower assembly, belts, and motors
• Checking thermostat operation and calibration
• Inspecting the heat exchanger, burners, and ignition system on heating equipment
• Measuring system temperatures and verifying basic operating performance
• Providing a written summary of findings and any recommended repairs

1.3 Consumables. Standard filters, belts, and similar low-cost consumables are included only where expressly stated on the Plan Enrollment. Non-standard, oversized, or specialty filters and media are billed separately.

1.4 Service Hours. Scheduled maintenance visits are performed during Contractor’s normal business hours. After-hours, weekend, or holiday visits, where available, may be subject to additional charges unless a plan tier expressly includes them.

2. Covered Equipment

2.1 Identified Equipment. The plan covers only the specific HVAC equipment identified on the Plan Enrollment by type, and where available by make, model, and serial number. Equipment not listed on the Plan Enrollment is not covered, and maintenance of additional systems or zones requires an additional plan or add-on fee.

2.2 Accessory Equipment. Indoor air quality accessories and ancillary equipment (for example, electronic air cleaners, UV systems, humidifiers, dehumidifiers, ventilators, zoning controls, geothermal loops, oil-fired equipment, and thermal storage units) are covered only when listed on the Plan Enrollment and may require an additional fee.

2.3 Equipment Condition at Enrollment. Contractor may require an initial inspection before accepting certain equipment into a plan. Contractor may decline coverage of, or exclude from coverage, equipment that is inoperable, improperly installed, beyond serviceable life, or unsafe, and will inform Customer where this applies.

3. What Is Not Covered (Maintenance vs. Repair)

3.1 Preventive Maintenance Only. The plan fee covers scheduled preventive maintenance as described in Section 1. It does not cover diagnosis or repair of a malfunction, even if a problem is discovered during a maintenance visit. Where a visit becomes a diagnostic or repair call at Customer’s request, that work is billed separately at Contractor’s applicable rates, subject to any member discount in Section 4.

3.2 Exclusions. The following are not included in the plan fee:

• Refrigerant, refrigerant recharging, and leak repair
• Replacement parts and components of any kind
• Repairs, replacements, installations, and system modifications
• Duct cleaning, duct sealing, and duct repair
• Correction of code violations or pre-existing improper installation
• Damage caused by misuse, neglect, power events, water, pests, or work by others
• Non-standard or specialty filters and media not stated on the Plan Enrollment
• Permits, inspections, and any work requiring a permit
• Service to equipment not listed on the Plan Enrollment

3.3 Recommendations. Any repair or replacement recommended during a maintenance visit is optional and provided as a separate written proposal. Customer is under no obligation to accept it, and declining a recommendation does not affect plan benefits except where the condition makes continued maintenance unsafe (see Section 11).

4. Member Benefits

4.1 Benefits. While the plan is active and the plan fee is current, Customer receives the member benefits stated on the Plan Enrollment, which may include priority scheduling, a discount on repairs and parts, waived or reduced diagnostic fees, and similar advantages. The specific benefits and discount percentages are those stated on the Plan Enrollment for the applicable tier.

4.2 Conditioned on Active Plan. Member benefits apply only while the plan is active and paid current. Benefits are not transferable except as provided in Section 18, have no cash value, and end when the plan ends. Discounts apply to work performed by Contractor and do not apply retroactively.

5. Plan Fees, Billing, and Payment

5.1 Plan Fee and Billing Cycle. The plan fee and billing cycle are stated on the Plan Enrollment. Contractor offers, at Customer’s election, (a) an annual plan billed once per plan year, or (b) a monthly subscription billed each month. The selected option is recorded on the Plan Enrollment.

5.2 Monthly Plans. For monthly subscription plans, the plan fee is billed each month to the payment method on file. Monthly plans are continuous until cancelled as described in Section 6. If Customer cancels a monthly plan after having received maintenance visits whose fair value exceeds the monthly amounts paid that plan year, Contractor may, where permitted by law, charge the difference up to the value of the visits actually provided.

5.3 Payment Methods. Accepted payment methods include cash, check, credit card, and electronic funds transfer. A convenience fee of up to three percent (3%) may apply to credit card payments.

5.4 Late or Failed Payment. If a plan fee is not paid when due, or a recurring charge fails, Contractor may suspend member benefits and decline to schedule visits until payment is current. Amounts unpaid for thirty (30) days may accrue interest at one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by applicable Pennsylvania law, whichever is less.

5.5 Price at Renewal. Contractor may change the plan fee for any renewal term. Contractor will state the new fee in the renewal notice described in Section 6 before the renewal takes effect, so that Customer may cancel before being charged the new amount if Customer does not wish to continue.

6. Term, Automatic Renewal, and Cancellation

6.1 Initial Term. The initial term is one (1) plan year beginning on the start date stated on the Plan Enrollment, unless a different term is stated there.

6.2 Automatic Renewal — Please Read. THIS PLAN AUTOMATICALLY RENEWS. Unless Customer cancels as described below, the plan will automatically renew at the end of the initial term and at the end of each renewal term for a successive term of the same length (one plan year for annual plans; month-to-month for monthly plans), and the payment method on file will be charged the then-current plan fee for each renewal term. Customer’s enrollment includes Customer’s affirmative consent to this automatic renewal and to the recurring charges it authorizes.

6.3 Renewal Notice. For annual plans, Contractor will send Customer a reminder notice between sixty (60) and thirty (30) days before the renewal date, stating the renewal date, the then-current plan fee, the deadline to cancel to avoid renewal, and how to cancel. For monthly plans, each recurring charge serves as notice, and the billing record will state the amount charged and how to cancel.

6.4 How to Cancel. Customer may cancel at any time, with or without reason, by contacting Contractor by phone at the number on the Plan Enrollment, by email, or in writing, using the same medium Customer used to enroll or is accustomed to using to interact with Contractor. Cancellation is effective as described in Section 6.5. Contractor will confirm cancellation in writing.

6.5 Effect of Cancellation. For annual plans, cancellation before the renewal date stops the next renewal; the plan remains active through the end of the paid term, and any prepaid annual fee is non-refundable except as provided in Section 6.6 or as required by law. For monthly plans, cancellation stops future monthly charges; Customer’s benefits and the right to remaining visits continue through the end of the then-current paid month, subject to Section 5.2.

6.6 Refund for Unused Annual Plans. If Customer cancels an annual plan before any maintenance visit has been performed in the then-current term, Contractor will refund the plan fee paid for that term, less the fair value of any benefits or services already used. Where a maintenance visit has been performed, Contractor may retain the fair value of the visit(s) provided.

6.7 Sale or Transfer. If Contractor sells or transfers its business or this Agreement, Contractor will notify Customer, and Customer will be given the opportunity to opt out of the automatic-renewal provision following such notice, consistent with applicable law.

6.8 Termination by Contractor. Contractor may terminate or decline to renew the plan if Customer fails to pay, denies reasonable access to the equipment, or maintains conditions that make service unsafe. Contractor will refund any unearned prepaid fee for the remainder of a paid term following such termination.

7. Scheduling, Access, and Missed Visits

7.1 Scheduling. Contractor will contact Customer, or Customer may contact Contractor, to schedule each seasonal visit within the applicable service window. Customer is responsible for scheduling included visits within the plan year; visits not scheduled and completed within the plan year are forfeited and do not carry over, except as required by law or expressly stated on the Plan Enrollment.

7.2 Access. Customer shall provide safe and clear access to the covered equipment, including indoor units, outdoor units, attics, crawlspaces, and mechanical rooms. A responsible adult must be present where required.

7.3 Missed or Cancelled Visits. If Contractor’s technician arrives at a scheduled time and cannot perform the visit due to lack of access, no one being present where required, or unsafe conditions, the visit may be counted as used, or a trip charge of seventy-five dollars ($75.00) may apply, as stated on the Plan Enrollment. Customer should give at least twenty-four (24) hours’ notice to reschedule without charge.

8. Saved Payment Methods and Recurring Authorization

8.1 Authorization. Where Customer provides a credit or debit card or bank account to be kept on file (including via Podium Text-to-Pay or any similar service), Customer authorizes Contractor to securely store the payment method and to charge it for: (i) recurring plan fees on the billing cycle stated on the Plan Enrollment, including automatic-renewal charges under Section 6; (ii) any invoice amount Customer has approved for repairs or other work; and (iii) past-due plan amounts after written notice to Customer.

8.2 Revocation. Customer may revoke this authorization at any time in writing; revocation that prevents collection of the plan fee will be treated as a cancellation under Section 6. Customer remains liable for all charges authorized before revocation. Customer agrees to contact Contractor in good faith to resolve any billing dispute before initiating a chargeback for charges authorized hereunder.

9. Refrigerant and EPA Compliance

9.1 Contractor is certified under EPA Section 608 for refrigerant handling. Any refrigerant recovery, recycling, or recharging performed at Customer’s request shall be performed in compliance with EPA regulations and is billed separately as it is not included in the plan fee (see Section 3).

9.2 A2L Refrigerant. For equipment using R-454B or other A2L (mildly flammable) refrigerants, maintenance is performed in accordance with manufacturer instructions and applicable ASHRAE 15 and UL 60335-2-40 safety standards. Customer agrees not to attempt unauthorized servicing of any A2L-refrigerant system and to contact Contractor promptly in the event of a suspected leak.

10. Warranties and Disclaimers

10.1 Workmanship. Contractor warrants that maintenance services will be performed in a workmanlike manner consistent with applicable industry standards. Customer’s sole remedy for a breach of this warranty is re-performance of the affected maintenance service.

10.2 No Guarantee Against Failure. Preventive maintenance reduces but cannot eliminate the risk of equipment malfunction or failure. Contractor does not warrant that covered equipment will not fail, and does not guarantee any particular energy savings, utility cost reduction, equipment lifespan, or performance level.

10.3 Manufacturer Warranties. Maintenance under this plan may help Customer satisfy manufacturer maintenance requirements, but Contractor does not administer and is not responsible for manufacturer warranties. Customer is responsible for any product registration required to keep a manufacturer warranty in force.

10.4 Disclaimer of Other Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 10, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN STATEMENT BY CONTRACTOR SHALL CREATE OR MODIFY ANY WARRANTY HEREUNDER.

11. Pre-Existing and Unforeseen Conditions

11.1 Contractor is not responsible for pre-existing conditions, latent defects, improper prior installation, or deterioration existing before enrollment. Identifying such a condition during a maintenance visit does not make its correction a covered service.

11.2 Customer is responsible for disclosing known hazardous conditions on the property, including asbestos, lead paint, mold, structural deficiencies, knob-and-tube wiring, or buried utility lines. Contractor may decline to service equipment where conditions are unsafe and shall not be liable for damages arising from undisclosed hazardous or pre-existing conditions.

12. Limitation of Liability and Insurance

12.1 Insurance. Contractor maintains commercial general liability insurance covering personal injury and property damage in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate, workers’ compensation insurance, and any other insurance required by Pennsylvania law. A Certificate of Insurance will be provided upon request within five (5) business days.

12.2 Liability Cap. Except for: (i) bodily injury or property damage caused by Contractor’s gross negligence or willful misconduct, or (ii) Contractor’s obligations under Section 13 (Indemnification), Contractor’s total liability under this Agreement shall not exceed the greater of (a) the total plan fees paid by Customer during the then-current plan year or (b) one thousand dollars ($1,000.00).

12.3 Exclusion of Consequential Damages. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS, OR DAMAGE TO PROPERTY NOT DIRECTLY RELATED TO THE MAINTENANCE PERFORMED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

13.1 Customer agrees to indemnify, defend, and hold harmless Contractor, its officers, employees, agents, and subcontractors from any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising solely from Customer’s gross negligence, willful misconduct, misrepresentation, or material breach of this Agreement.

13.2 Contractor agrees to indemnify, defend, and hold harmless Customer from any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from Contractor’s negligence or willful misconduct in the performance of maintenance under this Agreement, subject to the limitations in Section 12.

14. Communications Consent (TCPA)

14.1 Customer expressly consents to receive communications from Contractor by SMS/text message, telephone call (including pre-recorded or automated calls), and email at the phone numbers and email addresses provided, for purposes including appointment scheduling, technician en-route notifications, invoices, payment and renewal reminders, seasonal maintenance reminders, and other service-related communications.

14.2 Standard message and data rates may apply. Customer may opt out of marketing SMS at any time by replying STOP; transactional service messages (e.g., appointment confirmations, renewal notices, invoices) may continue as necessary to administer the plan.

14.3 Customer’s consent to receive marketing communications is not a condition of enrollment in the plan.

15. Dispute Resolution

15.1 Good-Faith Negotiation. In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation, with written notice of the dispute provided to the other party.

15.2 Mediation. If negotiation fails within thirty (30) days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator located in Chester County, Pennsylvania. The cost of mediation shall be shared equally.

15.3 Binding Arbitration. IF MEDIATION FAILS, ANY UNRESOLVED DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, INTERPRETATION, OR BREACH, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, BEFORE A SINGLE ARBITRATOR SEATED IN CHESTER COUNTY, PENNSYLVANIA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.

15.4 Class Action Waiver. THE PARTIES AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR CONSOLIDATED ACTION.

15.5 Exceptions. Notwithstanding Section 15.3, either party may (a) seek injunctive or equitable relief in court to prevent immediate or irreparable harm, or (b) bring a small-claims action for amounts within the jurisdictional limit of the Chester County Magisterial District Court.

15.6 Prevailing Party Fees. In any arbitration, mediation, or legal proceeding arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, expert fees, and costs from the non-prevailing party.

16. Force Majeure

16.1 Neither party shall be liable for delays or failure to perform obligations under this Agreement due to events beyond their reasonable control, including natural disasters, pandemics, government actions, labor strikes, supply shortages, or utility failures. Scheduled visits delayed by such events will be rescheduled and do not entitle Customer to a refund.

16.2 The affected party shall notify the other promptly and make reasonable efforts to mitigate the impact of the force majeure event.

17. Safety and Regulatory Compliance

17.1 All maintenance shall be performed in compliance with applicable codes, OSHA regulations, EPA guidelines, and industry standards, including applicable ACCA and ASHRAE standards.

17.2 Contractor shall ensure that technicians are properly licensed, certified, and trained for the work performed, including EPA Section 608 certification for refrigerant handling.

17.3 Customer agrees to maintain a safe work environment and to notify Contractor of any known hazards or special conditions at the property.

18. General Provisions

18.1 Entire Agreement. This Agreement (these Terms together with the Plan Enrollment) constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, oral statements, and agreements relating to the maintenance plan.

18.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.

18.3 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable.

18.4 Assignment. Contractor may assign this Agreement to a successor entity, affiliate, or in connection with the sale of substantially all of its assets, subject to the notice and opt-out provisions of Section 6.7. Customer may transfer the plan to a new owner of the serviced property with Contractor’s prior written consent.

18.5 Waiver. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

18.6 Notices. Notices shall be delivered in writing by mail or email to the addresses on file. Notice by email is effective upon delivery confirmation.

18.7 No Oral Modification. This Agreement may be modified only by a written instrument signed (including by electronic acceptance) by both parties, except that Contractor may change the renewal plan fee as provided in Sections 5.5 and 6.

18.8 Independent Contractor. Contractor is an independent contractor, not an employee, partner, or joint venturer of Customer.

18.9 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

General Services, Estimates & Appointments — Terms of Use

PA Home Improvement Contractor Registration No.: PA214909
Effective Date: These Terms become effective as of the date Customer signs, electronically accepts, or otherwise authorizes an appointment referencing these Terms.

1. Types of Appointments Covered

1.1 These Terms apply to appointments including, but not limited to:

• In-home or on-site estimates and quote consultations
• System-sizing and load-calculation assessments (e.g., Manual J)
• Diagnostic-only visits where Customer requests an evaluation without repair
• Second-opinion visits
• Home-comfort or energy assessments
• Sales and design consultations for equipment under consideration
• Warranty, insurance, code, or pre-sale inspections
• Any other appointment not governed by Contractor’s Installation, Maintenance, or Repair Terms (see Section 9)

2. Nature of the Service (What We Deliver)

2.1 Advisory and Assessment Work. The service under these Terms consists of inspecting, measuring, evaluating, and reporting. The deliverable is information, an assessment, and/or a written quote or report — not a repair, installation, or maintenance of equipment.

2.2 No Physical Work. Unless separately authorized under another agreement, Contractor will not perform repairs, install or replace components, add refrigerant, or otherwise alter the equipment during these appointments. Where Contractor opens or operates equipment solely to evaluate it, Contractor will return it to its prior condition where reasonably possible.

3. Appointment Fees

3.1 Estimates Are Free. Standard estimates and quote consultations are provided at no charge. No dispatch fee or diagnostic fee applies to a standard estimate visit.

3.2 Dispatch Fee. Except for estimates under Section 3.1, a dispatch fee of seventy-nine dollars ($79.00) applies to each appointment to cover travel, scheduling, and the technician’s trip to the property. The dispatch fee is earned when the technician is dispatched.

3.3 Diagnostic Visits. A diagnostic-only visit is charged a diagnostic fee of sixty-two dollars ($62.00).

3.4 Second Opinions. A second-opinion visit is charged seventy-nine dollars ($79.00).

3.5 Inspections. An inspection (including warranty, insurance, code, and pre-sale inspections) is charged a diagnostic fee of sixty-two dollars ($62.00) plus the dispatch fee of seventy-nine dollars ($79.00), for a total of one hundred forty-one dollars ($141.00).

3.6 Disclosure. The fee for an appointment is disclosed to Customer before the appointment and stated on the appointment confirmation or ticket. Contractor’s rates are the same regardless of the day or time of the appointment. Fees under this Section are separate from, and not credited against, any later service work unless the applicable service agreement expressly provides otherwise.

4. Estimates and Quotes

4.1 Opinion, Not an Offer. An estimate, assessment, or quote reflects Contractor’s professional opinion based on the conditions observed at the time. It is not a binding offer and does not create a contract for any work. Work is authorized only through a separate signed service agreement.

4.2 Based on Observed Conditions. Estimates are based on the conditions Contractor is able to observe. Hidden, inaccessible, or undisclosed conditions may change the scope and price of any work later proposed.

5. Quote Validity and Expiration

5.1 Thirty-Day Validity. Unless a different period is stated on its face, a written quote or estimate is valid for thirty (30) calendar days from its date. After that period it expires and is provided for reference only; Contractor is not obligated to honor any expired price, term, or incentive.

5.2 Time-Sensitive Incentives. Rebates, promotions, and other time-sensitive incentives referenced in a quote are available only if Customer proceeds within the validity period and meets the issuing program’s requirements. Where such an incentive becomes unavailable because the quote was not acted upon in time, the resulting cost is the responsibility of Customer.

6. Reports and Deliverables

6.1 Ownership and Use. Written reports, assessments, calculations, and quotes prepared by Contractor are provided for Customer’s use in evaluating the work under consideration. Contractor retains ownership of its methods, templates, and underlying work product.

6.2 Reliance. Reports and assessments are prepared for Customer and the specific property and purpose stated. Contractor is not responsible for reliance on a report by third parties or for use of a report for a purpose other than the one for which it was prepared.

7. No Guarantee of Outcomes

7.1 Contractor does not guarantee any particular energy savings, utility cost reduction, equipment lifespan, comfort level, rebate eligibility, or inspection result. Assessments and estimates are informational and depend on factors outside Contractor’s control, including usage, building conditions, and third-party programs.

7.2 Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED, SERVICES UNDER THESE TERMS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. Converting to Service Work

8.1 If Customer elects to proceed with installation, maintenance, or repair following an appointment under these Terms, that work is governed by Contractor’s separate Installation, Maintenance, or Repair Terms of Service, as applicable, and requires a separate signed agreement. These Terms do not by themselves authorize or price that work.

9. Catch-All / Other Appointments

9.1 Residual Scope. These Terms also govern any other appointment or service Contractor provides to Customer that is not an installation, maintenance, or repair service and is not otherwise covered by a separate agreement, including miscellaneous visits, consultations, or appointments requested by Customer (each, an “Other Appointment”).

9.2 Scope, Fee, and Authorization. For any Other Appointment, the specific scope and any fee will be described on the appointment confirmation or ticket before the appointment, and Customer’s scheduling or acceptance constitutes authorization. Where an Other Appointment involves a site visit, the dispatch fee in Section 3.2 applies unless the appointment is a free estimate under Section 3.1.

9.3 Limits of the Catch-All. This Section does not authorize work that requires its own agreement (such as installation, maintenance, or repair). Any such work remains governed by the applicable separate Terms and a separate signed agreement. This Section governs the appointment and its administration, not the performance of service work outside its scope.

10. Scheduling and Access

10.1 Contractor will schedule appointments at a mutually agreeable time. Arrival windows are estimates and not guaranteed.

10.2 Customer shall provide safe and clear access to the equipment and areas to be assessed. A responsible adult must be present where required.

10.3 If Contractor’s technician arrives and cannot perform the appointment due to lack of access, no one being present where required, or unsafe conditions, the dispatch fee in Section 3.2 applies (except for a free estimate, where a missed-visit fee equal to the dispatch fee may apply if Customer failed to provide reasonable notice), and a return visit may be required.

11. Payment Terms

11.1 Payment Due. Any applicable appointment fee is due upon completion of the appointment unless alternative arrangements are made in writing.

11.2 Payment Methods. Accepted payment methods include cash, check, credit card, and electronic funds transfer. A convenience fee of up to three percent (3%) may apply to credit card payments.

11.3 Late Payment. Amounts not paid within thirty (30) days of the due date shall accrue interest at one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by applicable Pennsylvania law, whichever is less.

11.4 Saved Payment Methods. Where Customer provides a card to be kept on file (including via Podium Text-to-Pay or any similar service), Customer authorizes Contractor to charge it for any appointment fee Customer has approved and for past-due amounts after written notice. Customer may revoke authorization in writing but remains liable for charges authorized before revocation, and agrees to contact Contractor in good faith to resolve any billing dispute before initiating a chargeback.

12. Communications Consent (TCPA)

12.1 Customer expressly consents to receive communications from Contractor by SMS/text message, telephone call (including pre-recorded or automated calls), and email at the numbers and addresses provided, for purposes including scheduling, technician en-route notifications, quotes, invoices, payment reminders, and follow-ups.

12.2 Standard message and data rates may apply. Customer may opt out of marketing SMS at any time by replying STOP; transactional messages may continue as necessary to administer the appointment. Consent to marketing messages is not a condition of scheduling an appointment.

13. Limitation of Liability and Insurance

13.1 Insurance. Contractor maintains commercial general liability insurance covering personal injury and property damage in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate, workers’ compensation insurance, and any other insurance required by Pennsylvania law. A Certificate of Insurance will be provided upon request within five (5) business days.

13.2 Liability Cap. Except for: (i) bodily injury or property damage caused by Contractor’s gross negligence or willful misconduct, or (ii) Contractor’s obligations under Section 14 (Indemnification), Contractor’s total liability under these Terms shall not exceed the greater of (a) the total fees paid by Customer for the appointment or (b) five hundred dollars ($500.00).

13.3 Exclusion of Consequential Damages. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS, OR DECISIONS MADE IN RELIANCE ON AN ESTIMATE OR ASSESSMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.4 Customer is responsible for disclosing known hazardous conditions on the property, including asbestos, lead paint, mold, structural deficiencies, knob-and-tube wiring, or buried utility lines. Contractor shall not be liable for damages arising from undisclosed hazardous conditions and may decline to proceed where conditions are unsafe.

14. Indemnification

14.1 Customer agrees to indemnify, defend, and hold harmless Contractor, its officers, employees, agents, and subcontractors from any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising solely from Customer’s gross negligence, willful misconduct, misrepresentation, or material breach of these Terms.

14.2 Contractor agrees to indemnify, defend, and hold harmless Customer from any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from Contractor’s negligence or willful misconduct in performing under these Terms, subject to the limitations in Section 13.

15. Dispute Resolution

15.1 Good-Faith Negotiation. In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation, with written notice of the dispute provided to the other party.

15.2 Mediation. If negotiation fails within thirty (30) days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator located in Chester County, Pennsylvania. The cost of mediation shall be shared equally.

15.3 Binding Arbitration. IF MEDIATION FAILS, ANY UNRESOLVED DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, BEFORE A SINGLE ARBITRATOR SEATED IN CHESTER COUNTY, PENNSYLVANIA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.

15.4 Class Action Waiver. THE PARTIES AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR CONSOLIDATED ACTION.

15.5 Exceptions. Notwithstanding Section 15.3, either party may (a) seek injunctive or equitable relief in court to prevent immediate or irreparable harm, or (b) bring a small-claims action for amounts within the jurisdictional limit of the Chester County Magisterial District Court.

15.6 Prevailing Party Fees. In any arbitration, mediation, or legal proceeding arising out of these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, expert fees, and costs from the non-prevailing party.

16. Force Majeure

16.1 Neither party shall be liable for delays or failure to perform due to events beyond their reasonable control, including natural disasters, pandemics, government actions, labor strikes, supply shortages, or utility failures. The affected party shall notify the other promptly and make reasonable efforts to mitigate the impact.

17. General Provisions

17.1 Entire Agreement. These Terms, together with the appointment confirmation or ticket, constitute the entire agreement between the parties regarding the appointment and supersede prior discussions relating to it. They do not supersede any separate service agreement governing installation, maintenance, or repair work.

17.2 Governing Law. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.

17.3 Severability. If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.

17.4 Assignment. Contractor may assign these Terms in connection with a sale of substantially all of its assets. Customer may not assign without Contractor’s prior written consent.

17.5 Waiver. Failure to enforce any provision is not a waiver of that or any other provision.

17.6 Notices. Notices shall be delivered in writing by mail or email to the addresses on file. Notice by email is effective upon delivery confirmation.

17.7 No Oral Modification. These Terms may be modified only by a written instrument signed (including by electronic acceptance) by both parties.

17.8 Independent Contractor. Contractor is an independent contractor, not an employee, partner, or joint venturer of Customer.

17.9 Counterparts and Electronic Signatures. These Terms may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.