AC & Heatpump Terms & Conditions
Air Conditioning and Heat Pump Services - Terms & Conditions
These Air Conditioning and Heat Pump Services - Terms & Conditions (this “Agreement”) are effective immediately upon receipt by customer (“Customer”) from Scott Energy. Acceptance by Customer of service work and installation or placement of equipment by Scott Energy also constitutes acceptance of this Agreement.
- Rates and Charges. Customer agrees to pay Scott Energy’s current rates and charges in effect at the time service is rendered by Scott Energy to Customer. Scott Energy reserves the right to change rates and charges from time to time without notice.
- Delinquency. All balances owed are due and payable in full within 30 days of the invoice date. A complete outline of Company’s credit terms is found on our credit application and is published on our website.
- License, permits, and taxes. Customer agrees to pay all license, permit and inspection fees, and all taxes associated with the sale of parts and equipment and/or use of related equipment supplied by Scott Energy (other than Scott Energy’s income tax obligations).
- Driveway and Property Access; Safety. Customer will ensure that Company can access the property to provide service in a safe manner, including:
- Customer’s driveway is cleared of snow, debris and other materials to a width of at least 12 feet to accommodate access by Scott Energy service vehicles and personnel (or less if Customer’s driveway is not that wide);
- A path is cleared of snow, debris and other materials to a width of at least 3 feet to enable a path to provide access to the equipment requiring service by Scott Energy personnel (or less if Customer’s property is not that wide);
- Customer must secure all pets and other animals at all times while Scott Energy personnel are on site at Customer’s premises; and
- Service area for Customer’s equipment must be clear of standing water.
- Unoccupied/Vacant Primary Residence, Rental, Seasonal or Vacation Property. Customer is responsible for monitoring the proper operation of the heating system and temperature on Customer’s property on a daily basis and notifying Scott Energy of any problem which arises. If all or any portion of the Customer’s property (including, without limitation, seasonal homes, second homes, or vacation homes) is unoccupied or vacant at any time or for any period of time, the Customer is responsible for monitoring and making arrangements for monitoring the proper operation of the heating system and temperature within that property at all times. Scott Energy is not responsible for any loss, damage or injury due to, or resulting from, the failure of any heating system in any property that the Customer has left unoccupied or vacant for any period of time.
- Release and Waiver of Subrogation. Company and Customer will each look to its own insurance for recovery of any loss. Company and Customer release one another from such claims. Company and Customer waive any right of recovery of insured claims by anyone claiming through them, by way of subrogation or otherwise, including their respective insurers.
- Force Majeure. Scott Energy is not liable if prevented from performing any of its obligations under this Agreement due to causes beyond its reasonable control including, but not limited to, acts of God or government, fires, floods, droughts, snow emergencies, earthquakes, wars, acts of terrorism, riots, labor disputes, delays in transportation, embargoes, pandemics or shortages of product.
- Termination. Either party may terminate this Agreement at any time for default if the other party fails to meet any of the materials terms and conditions of this Agreement and fails to cure that default within a reasonable period of time after that failure, but not more than 30 days. In addition, either party may terminate this Agreement for its convenience by giving the other party 30 days prior written notice (provided, however, that no notice is required for termination by a party if it is determined that a threat to health and safety exists). If Customer’s account with Company is terminated for any reason, then Company is no longer responsible for providing service of any kind to Customer. Service plans are not totally or partially refundable. If Customer’s account is terminated for any reason, Customer remains responsible for all amounts owed to Company.
- Miscellaneous. This Agreement supersedes all previous communications, understandings and other agreements, written or verbal, between Scott Energy and Customer with respect to its subject matter. Please read this Agreement carefully and retain a copy for your records. This Agreement cannot be modified by Customer unless that modification is submitted in writing to, and accepted in writing by, an authorized representative of Scott Energy. Agreement may be modified at times by Company without notice. Please refer to our website or contact our office to obtain an updated version of this Agreement.