Del-Air Heating, Air Conditioning & Refrigeration, LLC. Terms and Conditions

Last Updated: June 5, 2025

DEL-AIR SERVICE TERMS AND CONDITIONS

Acknowledgments, Representations, and Warranties. Customer represents and warrants that Customer is at least 21 years of age, and that the agreements, warranties and representations made in this contract are true to the best of Customer’s knowledge. Customer represents and warrants that Customer does not intend to use nor shall Customer use the System for a building or space used for commercial, industrial, or multi-family housing purposes. Customer represents and warrants that, prior to Equipment or Services purchase, Customer received, read and understands the terms and conditions of the limited warranty. Customer represents and warrants that Customer owns the System as indicated and specified above. Customer represents and warrants that they have authority to make decisions on any replacement and/or repairs of the Equipment and no other person has any power or attorney to make such decisions, that have not been disclosed.
DISCLAIMER/LIMITATION OF LIABILITY. CUSTOMER UNDERSTANDS AND AGREES AS FOLLOWS: (I) NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER;

(II) THE COMPANY AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFITS, REVENUES, OR ANY OTHER LOSSES ARISING OUT OF COMPANY’S BUSINESS OPERATIONS, ITS SALE, INSTALLATION, OR MAINTENANCE OF THE SYSTEM, OR ANY DEFAULT UNDER THIS AGREEMENT, EVEN IF COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE; (III) EXCEPT FOR PERSONAL INJURY CAUSED BY COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, COMPANY’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT PAID TO COMPANY UNDER THIS AGREEMENT, EVEN IF A TERM OF THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification of Company. Customer agrees to defend, hold harmless, and indemnify Company its Representatives, officers, directors, employees and agents for any and all losses, damages, and liabilities, legal or non-legal, arising out of any breach of this Agreement by Customer and any interruption in electrical services or as to any other incident or event as to the System which is not caused by the willful misconduct or gross negligence of Company. Customer further agrees with Company that this indemnification shall include, without limitation, any attorney’s fees, costs or other legal or non-legal expenses of any description incurred by Company.
Assignment. Customer may not assign this Agreement without the prior written consent of Company. This Agreement shall inure to the benefit of and be binding upon Company’s successors and assigns, including any purchaser of all or substantially all of Company’s assets or business.
Arbitration. Most of Your concerns about the Agreement can be addressed by contacting Us at 888-831-2665. In the event We cannot resolve any dispute relating to this Agreement with You, then we both agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration before a single arbitrator administered by the American Arbitration Association (the “AAA”) in accordance with its Consumer Arbitration Rules. Unless the parties agree otherwise, the arbitration hearing shall be held in the county and state in which Company maintains its corporate headquarters. Company and Customer knowingly both give up the right to resolve any controversy or claim arising out of or relating to this Agreement in court, whether in front of only a judge, or in front of a judge and a jury. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Neither the AAA nor the arbitrator shall have the power to consolidate more than one person’s claims or to otherwise preside over any form of a representative or class proceeding. A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.

BUYER’S RIGHT TO CANCEL: This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the seller in person or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement. If you cancel this agreement, the seller may not keep all or part of any cash down payment.

Maintenance Plan. If you purchase a Plan, Company shall maintain and service the System listed in this Agreement in accordance with the Plan’s specific schedule and contemplated services. Company shall provide scheduled preventive maintenance in Company’s sole discretion based upon Company’s assessment of the recommended maintenance schedule for the specific needs of the System. Customer may request, and Company may provide, other maintenance at Customer’s request at an additional charge. Service maintenance may include, without limitation, lubrication, adjustments, testing, and replacement of parts and components deemed necessary by Company in its sole discretion. The Plan does not include the cost of air filters for the System. Customer is responsible for purchasing air filters for the System and replacing them monthly, bi-monthly, quarterly, or semi- annually based on the air filter and System type. Company is not responsible for supplying air filters for any maintenance visits but will replace air filters as a courtesy if Customer has air filters available during a maintenance visit. Company shall not be liable for any damage(s) that arise or might arise due to Customer’s failure to change out air filters as recommend or needed. Customer agrees that if Customer signs up for the Maintenance Agreement and chooses not to pay the full amount at the time of purchase, Company will charge the Customer monthly for this service. IF CUSTOMER ENROLLS IN THE MONTHLY MAINTENANCE PLAN, THE MONTHLY MAINTENANCE PLAN WILL AUTOMATICALLY RENEW EVERY MONTH UNLESS CANCELLED BY CUSTOMER AT LEAST THIRTY (30) DAYS BEFORE THE RENEWAL DATE. CUSTOMER MAY CONTACT DEL-AIR AT 1-888- 831-2665 IF YOU DO NOT WISH YOUR CONTRACT TO BE AUTOMATICALLY RENEWED. IF CUSTOMER ENROLLS IN THE ANNUAL MAINTAINANCE PLAN, SUCH PLAN WILL AUTOMATICALLY RENEW ON THE PURCHASE DATE OF THE ANNUAL PLAN THE NEXT YEAR. CUSTOMER WILL BE NOTIIFED OF CUSTOMER’S RIGHT TO NON-RENEW IN ACCORDANCE WITH APPLICLIABLE NOTICE REQUIREMENTS UNDER STATE LAW.

For Del-Air Maintenance Plan members who are paying monthly and have received a tune-up, Customer agrees that if Customer cancels the membership prior to six (6) months of payment, Customer will pay an early termination fee of $117.00 minus any monthly payments made prior to cancellation. If Customer received two (2) tune-up visits and cancels before twelve (12) months, Customer will pay an early termination fee of $234.00 minus any monthly payments made prior to cancellation. If Customer cancels the Maintenance Plan prior to twelve (12) months, Del-Air reserves the right to collect any applied discount Customer received for any installation, repair, and/or service, that Customer received for being enrolled in the Maintenance Plan.

Scheduling Maintenance Under the Plan. Customer agrees Customer is responsible for scheduling all maintenance visits with Company during the Term. Customer acknowledges and understands that Company cannot guaranty available maintenance appointments.
Access to the Premises. Customer or anyone living with Customer allow Company, its employees and any other authorized persons safe access to the Premises for any Premises visits or visits conducted to the Premises pursuant to the Plan.
Customer Satisfaction. If for any reason Customer is not satisfied with the work performed pursuant to the Plan, Customer may contact 888-831-2665 within five (5) days of any completed maintenance appointment to discuss any questions or issues, and request and schedule a maintenance visit as agreed between the Customer and Company to address any concerns of Customer. If you are not totally satisfied for the first year following the service performed by Del-Air, we will promptly address and perform to your complete satisfaction those issues regarding material and workmanship or we will refund your service fee. The Customer Satisfaction Guarantee is applicable so long as: 1) the entire HVAC system (the “System”) is maintained at least annually by a Del-Air technician; 2) all repairs recommended by Del-Air are performed on the System; and 3) the System has been used solely for the purpose and under the conditions for which it was designed and has not been subjected to misuse, alteration, accident, and/or abuse.

The warranties herein and remedies for breach thereof are exclusive and conditioned upon Customer providing timely notification to the Company. They are given by Del-Air and accepted by Customer in lieu of any and all other remedies, warranties, and guarantees, express or implied, and IN LIEU OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. DEL-AIR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Plan Exclusions. This section details what this Agreement does not cover. Company will not provide coverage (whether in the form of the cost of parts and labor, replacement, indemnification, or otherwise) under this Agreement for the following: (a) Damage that is covered by any other warranty or service contracts, insurance policies, or product recalls; (b) parts and services covered during the manufacturer’s warranty period are the sole responsibility of the manufacturer;

(ii) are being used, or have been used, in a commercial, industrial, or multi-family housing setting;

(d) damage resulting or arising from: (i) pre-existing defects or conditions, which are defects or other conditions that existed prior to the Contract Start Date; (ii) unauthorized modifications to the System, including the unauthorized removal, bypass, or disabling of safety features; (iii) unauthorized repairs; (iv) intentional damage or the misuse or abuse of the product; (v) third-party acts, including theft and vandalism; (vi) failure to perform preventative maintenance, as outlined in any accompanying instructional booklets or information and including, without limitation, failure to maintain proper levels of lubricants or coolants, or using filters as instructed; or (vii) any cause other than normal use and operation of the System in accordance with the manufacturer’s specifications, instructions, or owner’s manual; (e) filters for use with the System; theft, fire, flood, wind, freezing, power failure, inadequate power supply, moisture or other unusual atmospheric conditions, acts of war or acts of nature, damage or failure caused by animals, insects, or rodents, corrosive conditions caused by location or moisture, alteration of the Equipment to meet changes in federal, state or local codes and regulations, or repairs which require additional parts and labor to bring the Equipment into working condition as a result of such government regulations.

Increase in Charges. Company shall have the right to increase the cost of the Plan and its periodic charges at any time or times after the expiration of the first year of the Term upon giving you not less than thirty (30) days written notice in advance of the contract start date of such price change. If you are unwilling to pay any revised charge, you may cancel this Agreement by providing Company with written notice within twenty-one (21) days of the date of Company’s notice of its price change. In such instance, this Agreement will terminate on the contract start date of the price change unless Company rescinds the change. If Company rescinds the price increase, Company may elect to continue this Agreement at the same price and periodic charges then-current before notice of the price change. The Parties agree they must strictly comply with the time periods in this paragraph.
Late Charges. You shall also pay to Company an administrative fee equal to five percent (5%) of any payment due hereunder received by Company after the date on which such payment is due as agreed upon as damages and not as a penalty. There is no penalty for prepayment in full.
Charges and Payments. Customer is responsible for the total amounts due and owing as set forth Sections 1 and 2. Charges for on-call, unscheduled service, or for services otherwise requested by Customer shall be at Company’s then-published rates. Notwithstanding anything contained in this Agreement, Customer agrees the minimum charge for all on-call, unscheduled service, or for services otherwise requested by Customer is three (3) hours, even if such service takes less than three (3) hours. Customer agrees to pay Company at the time of service is completed for all on-call, unscheduled service, or for services otherwise requested by Customer.
Termination. You may not cancel this Agreement except within three (3) days of its execution or as otherwise permitted by law. Company may terminate this Agreement for any reason upon not less than ninety (90) days’ written notice to Customer. If We cancel this Agreement, You will receive a pro rata refund of the Agreement price based on the time remaining on the Agreement. For Termination of any Maintenance Plan, please see Section 6 of the Del-Air Terms & Conditions.
Mobile Terms and Conditions. If you enroll in the Company’s text messaging (SMS) program, you will be asked to consent expressly by providing your mobile telephone number, and responding with specified prompted key word(s), or SMS/MMS or other text message affirmative response as your agreement and consent to receive recurring marketing messages sent by Company or Company vendors to the mobile number you provided at opt-in as part of this Agreement. Message and Data Rates May Apply.. Automated technology, artificial intelligence, and /or prerecorded messages may be used for both transactional and marketing communications (if you opted in). These may include (1)Service-Related Communications: Scheduling, appointment confirmations, reminders, and updates regarding your services or membership.(2)Membership Communications: Information about your Precise Comfort Plan, including maintenance notifications and service reminders.(3)Marketing Communications: Promotional offers and other marketing materials (if you have expressly opted in to receive these).(4)Customer Satisfaction: Follow-up communications to ensure service quality and address any concerns.(5) Re-engagement: Communications regarding previously discussed services or estimates that were not completed. Your consent applies to all communication programs listed above and may extend to future contact methods (e.g., updated numbers, alternate email addresses) provided by you or associated with your account
Consent not required for purchase. Opting Out: You may unsubscribe from a program at any time by texting STOP to 904-834-4015. For additional help, you can text HELP to 904-834-4015, email service@ delair.com or call 888-831-2665. You agree that the Company, in its sole discretion, may establish general practices and limits concerning use of any mobile application. Message frequency depends on the program, but typically no more than 8 messages per month are sent for a single campaign. Campaigns may not work with all carriers.
Headings and Severability. The headings of the paragraphs of this agreement are for convenience only and shall not be construed as adding meaning to the provisions. If a court determines that any part of this agreement is unenforceable, the parties agree that only the portion of this agreement that is so determined to be unenforceable and shall be stricken and that the remaining parts shall be unaffected.
Entire Agreement. The Parties acknowledged and agree this is a legally binding agreement. The Parties acknowledge and agree that this Agreement constitutes the entire agreement of the Parties and there are no other verbal or written agreements between them. Each Party affirms that there are no contemporaneous oral promises, representations, or agreements not set forth herein inducing entry into this Agreement and all prior negotiations, discussions, statements, and representations are merged herein. This Agreement may only be modified by a written modification signed by both Parties. Reliance by the Parties on verbal communication accordingly is unwarranted. All capitalized terms shall have the meanings ascribed to such terms in this Agreement. Contractor is engaged in the service and maintenance of systems like the System owned or operated by Customer and has been requested to provide maintenance to the System or Equipment pursuant to the Terms and Conditions.

Email: service@delair.com Phone: 888-831-2665