Terms & Services Agreement
Paradice Air Conditioning — San Antonio, TX
1. Annual Maintenance Agreement
To the fullest extent permitted by law, Paradice Air Conditioning is not liable for indirect, incidental, special, consequential, punitive, or economic damages, including but not limited to loss of use, loss of comfort, hotel costs, spoiled food, water damage, mold, microbial growth, property damage caused by pre-existing conditions, or damages resulting from equipment failure. Paradice Air Conditioning's maximum liability under this agreement shall not exceed the amount paid by the customer for the Annual Maintenance Agreement, except where prohibited by law.
2. Installation Service Agreement
This Installation Service Agreement is between the customer listed on this service record and Paradice Air Conditioning. By accepting, signing, approving, scheduling, or allowing installation work to begin, the customer agrees to the terms below.
Scope of Work
This agreement applies to HVAC equipment installation, replacement, change-out, system upgrades, related materials, labor, and installation services listed on the approved estimate, invoice, work order, or scope of work. Paradice Air Conditioning agrees to perform the installation in a professional manner and according to the approved scope of work. The customer understands that only the equipment, materials, labor, accessories, and services specifically listed in the approved estimate or work order are included. Any work not listed is excluded unless approved in writing as an additional charge.
Existing Home Conditions & Performance Limitations
The customer understands that HVAC performance depends on many conditions outside the equipment itself, including ductwork design, duct leakage, insulation levels, home construction, windows, attic conditions, electrical supply, thermostat location, airflow, room layout, sun exposure, existing system design, and prior workmanship. Unless duct modifications, insulation improvements, electrical corrections, or airflow repairs are specifically included in the approved scope, Paradice Air Conditioning is not responsible for comfort issues, airflow imbalance, high utility bills, humidity concerns, hot or cold rooms, noise, or performance limitations caused by existing home conditions.
Engineering and Sizing
Equipment sizing and system recommendations are based on available information, site observations, customer-provided information, existing system capacity, property conditions, and professional judgment. If a formal Manual J load calculation, duct design, or engineering evaluation is not specifically included in the estimate, the customer understands that the installation recommendation is not a certified engineering design.
Pre-Existing Conditions & Hidden Defects
The customer is responsible for disclosing known issues, prior repairs, access problems, electrical concerns, drainage concerns, structural concerns, roof concerns, duct concerns, insulation problems, water damage, mold, pest damage, or other conditions that may affect the installation.
Paradice Air Conditioning is not responsible for pre-existing conditions, hidden defects, concealed damage, improper prior installation, undersized or damaged ductwork, electrical deficiencies, code violations, structural issues, roof issues, drain issues, water damage, mold, microbial growth, pest damage, asbestos, hazardous materials, or conditions discovered after work begins. If hidden or unsafe conditions are discovered, additional work may be required and may result in additional charges or delays.
Work Area Access & Site Preparation
The customer is responsible for providing safe, clear, and reasonable access to all work areas, including attics, closets, garages, rooftops, electrical panels, disconnects, condensers, gates, driveways, and equipment locations. Customer must secure pets, remove personal items, and protect valuables from work areas. Paradice Air Conditioning may refuse, pause, or reschedule work if access is unsafe, blocked, unsanitary, hazardous, or unreasonable.
Timelines & Delays
Installation dates are estimates and may be affected by equipment availability, parts availability, supplier delays, weather, permitting, inspection scheduling, unsafe conditions, customer delays, or other circumstances outside our control. Paradice Air Conditioning is not responsible for delays caused by suppliers, manufacturers, permitting authorities, weather, utilities, inspections, or customer-related issues.
Permits & Code Upgrades
Permit requirements vary by jurisdiction and scope of work. If permits are included in the approved estimate, Paradice Air Conditioning will assist with the applicable HVAC permit process. Customer is responsible for any permit fees, inspection fees, code upgrades, electrical corrections, structural corrections, or additional work required by inspectors or authorities unless specifically included in the approved scope.
Third-Party Trades & Cosmetic Disturbance
Electrical work is limited to HVAC-related connections specifically included in the approved scope. Paradice Air Conditioning does not perform unrelated electrical, plumbing, roofing, drywall, framing, painting, structural, or general construction work unless specifically stated in writing. Any required third-party trade work is the customer's responsibility unless included in the approved estimate.
The customer understands that installation may involve removal of old equipment, attic work, refrigerant recovery, brazing, cutting, drilling, equipment movement, drain connections, line set connections, electrical connections, and normal construction activity. Paradice Air Conditioning will use reasonable care, but is not responsible for minor cosmetic disturbance, paint touch-up, drywall repair, landscaping disturbance, attic decking limitations, existing fragile materials, or damage caused by pre-existing weakness or concealed defects.
Disposal of Old Equipment
Old equipment removed as part of the installation may be disposed of by Paradice Air Conditioning unless the customer requests in writing before work begins to keep any old equipment or parts. Once removed and disposed of, old equipment cannot be returned.
Changes & Modifications
Any changes requested by the customer or required due to site conditions after approval of the original estimate may require a written or digital change order and additional charges. Work outside the approved scope is not included.
Warranties (Manufacturer & Labor)
- Manufacturer Warranties: Provided exclusively by the equipment manufacturer and are subject to manufacturer terms, registration requirements, model and serial numbers, installation date, maintenance requirements, and warranty limitations. Paradice Air Conditioning does not control manufacturer warranty approval, part availability, registration rules, or warranty decisions.
- Labor Warranty: If included, applies only to labor performed by Paradice Air Conditioning and only for the stated warranty period. Labor warranty does not cover lack of maintenance, dirty filters, power issues, electrical failures, clogged drains, refrigerant leaks not caused by our workmanship, thermostat misuse, customer damage, storm damage, pest damage, flooding, fire, acts of nature, manufacturer defects, altered equipment, work performed by others, or pre-existing conditions.
Reporting Concerns
The customer agrees that any concerns regarding the installation must be reported to Paradice Air Conditioning within a reasonable time so we have the opportunity to inspect and address the concern. Customer agrees not to hire another contractor to alter or repair our work without first giving Paradice Air Conditioning a reasonable opportunity to review the issue, except in a true emergency involving an immediate threat to life, safety, or substantial property damage.
Limitation of Liability
To the fullest extent permitted by law, Paradice Air Conditioning is not liable for indirect, incidental, special, consequential, punitive, or economic damages, including but not limited to loss of use, loss of comfort, hotel costs, lost income, spoiled food, utility costs, water damage, mold, microbial growth, property damage caused by pre-existing conditions, or damages caused by equipment failure, manufacturer defects, hidden conditions, customer delays, declined recommendations, or work performed by others. Paradice Air Conditioning's maximum liability under this agreement shall not exceed the amount paid by the customer for the specific installation service at issue, except where prohibited by law.
3. One-Time Repair Service
This One-Time Repair Service Agreement is between the customer listed on this service record and Paradice Air Conditioning. By accepting, signing, approving, scheduling, or allowing repair work to begin, the customer agrees to the terms below.
Scope & System Limitations
This agreement applies to one-time HVAC service, diagnostic visits, troubleshooting, repairs, part replacement, refrigerant-related work, drain service, coil cleaning, electrical HVAC repairs, and any other repair work listed on the approved estimate, invoice, work order, or service record. Only the specific labor, materials, parts, and services listed in the approved scope are included.
HVAC repairs are intended to address the specific issue identified at the time of service. A repair does not guarantee that the entire HVAC system is free from other defects, will operate without future breakdown, or will not require additional repairs. Repairing one issue may reveal other hidden problems that were not visible or testable before. Additional diagnostics, parts, labor, refrigerant, or repairs may result in additional charges.
Exclusions from Liability
Paradice Air Conditioning is not responsible for pre-existing conditions, hidden defects, prior workmanship, manufacturer defects, lack of maintenance, system age, or failures that occur before, during, or after repair unless directly caused by our work.
We are not responsible for system failures caused by customer-declined repairs, delayed repairs, continued use after a warning, lack of maintenance, dirty filters, dirty coils, clogged drains, low refrigerant, refrigerant leaks, electrical supply problems, duct restrictions, improper prior installation, power surges, storm damage, pest damage, water damage, mold, microbial growth, or work performed by others.
Specific Disclaimers
- Refrigerant Work: Does not guarantee that a system is leak-free unless a leak search and repair are specifically approved and completed. Adding refrigerant alone is a temporary measure; it may leak out again if the root leak is not located and repaired.
- Drain Clearing: Drain clearing, repairs, condensate service, and float switch work do not guarantee that future clogs, water overflow, algae buildup, or water damage will not occur. Customer remains responsible for monitoring the system.
- Electrical Repairs: Limited strictly to HVAC-related components listed in the approved scope. We are not responsible for home electrical defects, breaker panel issues, wiring outside the HVAC equipment, utility problems, power surges, or code corrections.
Reporting Issues & Third-Party Intervention
Customer agrees to report any concern related to the completed repair within a reasonable time and allow Paradice Air Conditioning the opportunity to inspect and address the concern before hiring another contractor to alter, diagnose, or repair the same work, except in a true emergency involving an immediate threat to life, safety, or substantial property damage.
Limitation of Liability
Paradice Air Conditioning's maximum liability under this agreement shall not exceed the amount paid by the customer for the specific repair service at issue, except where prohibited by law.
4. Service Authorization
By accepting, signing, scheduling, or allowing our technician to begin service, the customer authorizes Paradice Air Conditioning to access the property and perform the requested HVAC inspection, diagnostic, maintenance, estimate, repair, installation, or approved service.
- Authority & Access: The customer confirms they have authority to approve service at the property and agrees to provide safe, reasonable access to all applicable HVAC areas.
- Documentation: Customer authorizes reasonable photos, notes, measurements, and documentation of the equipment for service records, estimates, warranty support, quality control, and internal business purposes.
- Hidden Conditions: The customer understands that diagnostic testing, startup, shutdown, inspection, or operation of HVAC equipment may reveal existing defects, weak components, leaks, electrical issues, drainage issues, airflow problems, or other hidden conditions. Paradice Air Conditioning is not responsible for these pre-existing system failures that occur during normal testing.
- Approval Required: No repair, replacement, installation, or additional chargeable work will be performed without customer approval, except where immediate action is reasonably necessary to prevent an imminent safety risk, severe equipment damage, or severe property damage, and the customer cannot be reached.
5. Payment Terms
By approving, signing, scheduling, or allowing work to begin, the customer agrees to pay all approved charges according to the invoice, estimate, proposal, work order, membership plan, or payment schedule.
Due Dates & Deposits
- Service & Repairs: Payment is due upon completion of the service visit unless otherwise agreed in writing.
- Installations: Final payment for installations is due upon substantial completion. Deposits, down payments, special-order parts, equipment orders, and permit fees may be required upfront and may be non-refundable once financial and scheduling commitments are secured.
- No Withholding: Customer agrees not to withhold payment for completed work due to minor punch-list items, manufacturer delays, inspection scheduling, unrelated property conditions, cosmetic touch-ups, or issues outside the approved scope of work.
Payment Failures & Collections
If a payment is declined, returned, reversed, disputed, or charged back, the customer agrees to promptly provide an alternate valid payment method. Past-due balances may be subject to late fees, administrative fees, collection costs, attorney fees, lien rights, or other remedies allowed by law. Customer agrees to pay all reasonable costs incurred by Paradice Air Conditioning to collect unpaid amounts.
6. Labor Warranty Terms
This Labor Warranty applies only to labor performed by Paradice Air Conditioning and only for the specific work listed on the approved paperwork. It does not guarantee the entire HVAC system, unrelated components, future system performance, manufacturer parts, existing equipment, or conditions outside the approved scope of work.
Core Exclusions from Labor Warranty
This Labor Warranty strictly does not cover:
- Manufacturer defects or manufacturer warranty decisions.
- Parts, materials, refrigerant, or equipment not supplied by Paradice Air Conditioning.
- Pre-existing conditions, hidden defects, normal wear and tear, or lack of maintenance.
- Refrigerant loss or leaks unless directly caused by Paradice Air Conditioning's workmanship on the specific repair or installation performed.
- Water leaks, condensate overflows, algae buildup, or clogged drains unless directly caused by Paradice Air Conditioning's explicit workmanship on that specific visit.
- Thermostat misuse, Wi-Fi connectivity issues, smart home integration, or altered settings.
- External factors such as power surges, utility issues, storm damage, pest damage, mold, or acts of nature.
Voiding the Warranty
Work performed, altered, repaired, removed, adjusted, or diagnosed by another contractor, property owner, tenant, or any third party after our service completely voids this Labor Warranty. Paradice Air Conditioning must be given a reasonable opportunity to inspect and correct any covered workmanship issue before third-party interventions occur.
7. Estimate Agreement & No Obligation Acknowledgement
- Validity: Unless otherwise stated in writing, estimates are valid for 30 days from the date issued. Pricing, equipment availability, and material costs are subject to change after this period.
- Scope Limits: Only the items, equipment, materials, labor, and services specifically listed in the estimate are included. Unless explicitly stated, third-party trade work (roofing, drywall, plumbing, general carpentry) is excluded.
- No Obligation: Receiving an estimate does not obligate the customer to proceed. If a customer chooses to proceed at a later date, a diagnostic fee may apply if an additional return visit to the job site is required to re-verify conditions.
- Withdrawal Rights: Paradice Air Conditioning reserves the right to decline, revise, or withdraw an estimate before work begins due to pricing errors, scope errors, unavailable equipment, unsafe conditions, or permitting limitations.
8. General Legal Provisions
Electronic Signatures & Digital Acceptance
The parties agree that electronic text acceptance, digital signatures, clicking "I Agree," checking an authorization box, approving an estimate or invoice through the Manus customer platform, or Paradice invoicing app, scheduling service online, or allowing work to proceed constitutes full, valid, and legally binding execution of this Agreement equivalent to a handwritten signature.
Severability
If any provision, sentence, or clause of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
Governing Law & Venue
This Agreement, and all claims or causes of action arising out of or relating to the services provided, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising under this Agreement must be instituted exclusively in a court of competent jurisdiction located in Bexar County/San Antonio, TX.
Paradice Air Conditioning • TACLA #111332E • San Antonio, TX • 210-660-3305