1 Acceptance of Terms
By accessing or using this website, submitting an online inquiry, booking a service online, or checking an “I Agree” box, you agree to be bound by these Website Terms of Use and all applicable laws. If you do not agree, you must discontinue use of this site immediately.
You represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you use this website on behalf of a business, a property owner, or another person, you represent that you are authorized to bind that party to these Terms. This website is not directed to children under 13, and we do not knowingly collect personal information from them.
2 Company Information, Licensing, and Service Area
Company: Cool Air USA, 3901 NW 16th Street, Lauderhill, Florida 33311.
Licensing: Florida Certified Air Conditioning Contractor License No. CAC053230; Florida Certified Plumbing Contractor License No. CFC1434266. License numbers are displayed in our advertising as required by Section 489.119(6)(b), Florida Statutes.
Service Area: We provide services in Broward, Miami-Dade, and Palm Beach Counties, Florida. Content on this website is directed to customers in that service area. Submitting a request from outside the service area does not obligate us to provide service.
3 Privacy, Cookies, and Tracking Technologies
Our Privacy Policy is a separate document and is not part of these Terms. It describes how we collect, use, and protect your personal information and online data and is available at coolairusa.com/privacy. Privacy questions should be directed to the contact information in that policy.
This website uses cookies, pixels, tags, analytics tools, live-chat and chatbot software, call-tracking software, and session-recording or session-replay technologies operated by us and by third-party service providers. These technologies may record pages viewed, clicks, mouse movement, form entries, chat transcripts, device and browser information, approximate location, and referring source, and may associate that information with you. By continuing to use this website, by using our chat feature, and by submitting any form, you consent to that collection and recording and to our sharing of it with our service providers for the purposes described in our Privacy Policy at coolairusa.com/privacy.
This section governs your consent to the operation of these technologies on the website. How the resulting data is handled is addressed in the separate Privacy Policy. Where our website presents a cookie or consent banner, your selections in that banner control in addition to this section. Please do not submit Social Security numbers, financial account numbers, health information, or other highly sensitive information through website forms or chat.
4 Electronic Communications and Consent to Electronic Records
You consent to receive communications, agreements, notices, disclosures, proposals, invoices, and other records from us electronically, including by email, text message, and through our customer portal. You agree that electronic signatures, email approvals, checkbox acceptances, and other digital authorizations satisfy any requirement that a record be in writing and signed, consistent with the federal E-SIGN Act and the Uniform Electronic Transaction Act as adopted in Florida.
You may request a paper copy of any record at no charge by contacting us at the address above. You may withdraw your consent to electronic records by contacting us, but doing so may prevent you from booking or transacting online.
5 Telephone Calls, Text Messages, and Call Recording
Service and transactional contact: When you provide a telephone number to us, you agree that Cool Air USA and the vendors acting on our behalf may contact you at that number about your request, appointment, or account, including for scheduling, dispatch and technician arrival notifications, estimates, permits and inspections, invoices and payment, warranty matters, and maintenance-plan service. These communications may be delivered by call or text message and may be sent using automated systems or prerecorded or artificial voice messages.
Marketing consent is separate and optional: If you affirmatively check the marketing consent box, you are providing prior express written consent to receive marketing and promotional calls and text messages from Cool Air USA at the number you provided, including messages sent using an automated system for the selection or dialing of telephone numbers. You are not required to provide this consent in order to purchase any product or service from us, and consent is not a condition of purchase.
Message terms: Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
How to stop: Reply STOP to any text message from us to stop receiving text messages at that number. Reply HELP for assistance, or contact us at 877-895-1155 or
[email protected]. You may also ask to be placed on our internal do-not-call list. We will honor opt-out requests within the time required by applicable law.
Calling practices: We do not place solicitation calls or send solicitation texts outside the hours or above the frequency permitted by the Florida Telephone Solicitation Act and the Florida Telemarketing Act, and we use telephone numbers capable of receiving return calls and messages.
Accuracy of the number you provide: You represent that you are the subscriber or customary user of the number you give us and that you are authorized to consent to contact at that number. You agree to notify us promptly if the number is reassigned or is no longer yours.
Call monitoring and recording: Telephone calls to and from Cool Air USA, including calls handled by our answering service or dispatch vendors, may be monitored or recorded for quality assurance, training, dispatch accuracy, and recordkeeping. Florida law requires the consent of all parties to record a call. By continuing with a call after being notified that it may be recorded, you consent to the monitoring and recording of that call. If you do not consent, tell the representative and the call will not be recorded, or contact us in writing instead.
6 Online Service Requests and Appointments
Requests are not confirmed appointments: Submitting a form, chat message, or online booking is a request for service. No appointment exists until we confirm it by telephone, text message, or email. We may decline or reschedule any request, including for reasons of service area, scheduling capacity, equipment availability, or safety.
No guaranteed response time: We do not guarantee that website forms, chat messages, or emails will be monitored or answered within any particular period.
Do not use this website for emergencies: For urgent or emergency service, call us at 877-895-1155.
Safety: If you smell gas or suspect a gas leak, see smoke, sparks, or burning odors, hear escaping gas, or have active flooding or a sewage backup creating a health hazard, leave the premises and call 911 and your gas or water utility immediately. Do not wait for a response to a website submission.
Cancellation and rescheduling: Cancellation, rescheduling, and trip-fee terms for confirmed appointments are set out in Part II.
7 Pricing, Estimates, Promotions, and Errors
Website pricing is not an offer: Prices, ranges, “starting at” figures, diagnostic fees, tune-up pricing, and equipment prices shown on this website are estimates based on typical conditions in our service area. They are not offers, quotes, or binding commitments. A binding price exists only in a written proposal, estimate, or invoice issued by Cool Air USA and accepted by you.
Subject to inspection: All website pricing is subject to on-site inspection and may change based on system condition, accessibility, duct or electrical condition, code requirements, permit and inspection fees, equipment availability, and manufacturer pricing.
Promotions and coupons: Unless expressly stated otherwise: one promotion per household, system, or invoice; promotions may not be combined with other offers, maintenance-plan discounts, or financing offers; promotions must be mentioned at the time of booking and presented at the time of service; promotions do not apply to after-hours or emergency rates, permit fees, or third-party charges; and promotions may be modified or withdrawn at any time without notice. Expiration dates, if any, are stated with the offer.
Errors: We reserve the right to correct typographical, pricing, and descriptive errors on this website at any time, and to cancel or decline any booking or order placed on the basis of incorrect information, even after confirmation.
8 Financing, Rebates, Manufacturer Offers, and Tax Credits
Financing: Financing, if offered, is provided by unaffiliated third-party lenders and is subject to credit approval. All rates, terms, payment amounts, and promotional periods are set by the lender and are governed by the lender’s agreement, not by these Terms. Cool Air USA is not a lender, does not make credit decisions, and does not guarantee approval, any particular rate, or any particular monthly payment.
Rebates and incentives: Utility rebates, manufacturer promotions, and similar incentives are administered by third parties and are subject to their terms, funding availability, program changes, and filing deadlines. We may assist with paperwork as a courtesy but do not guarantee that any rebate or incentive will be approved or paid.
Tax credits: Any reference on this website to federal or state energy tax credits or deductions is general information only. Eligibility depends on your individual circumstances, the equipment installed, and applicable law at the time of installation. Cool Air USA does not provide tax, legal, or accounting advice, and you should consult your own tax advisor. We do not guarantee that any equipment will qualify or that you will receive any credit.
Estimated savings: Any energy-savings, efficiency, or payback figures shown on this website are estimates based on assumptions that may not match your home, usage, or utility rates, and are not guarantees of performance or savings.
9 Intellectual Property Rights
All content on this website, including text, graphics, logos, icons, images, photographs, videos, audio clips, digital downloads, and software, is the property of Cool Air USA or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. Unauthorized reproduction, distribution, framing, scraping, or commercial exploitation is strictly prohibited.
“Cool Air USA,” our logos, and our trade dress are marks of the Company. You may not use them without our prior written permission, including in advertising, comparison advertising, domain names, metadata, or paid search keywords.
10 User Submissions, Reviews, and Testimonials
License to us: If you submit or post photographs, videos, reviews, ratings, comments, suggestions, or other content to us or to a platform where we appear, you grant Cool Air USA a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable license to use, reproduce, adapt, publish, display, and distribute that content in any medium, including in advertising and on social media, without further notice, approval, or compensation.
Your representations: You represent that you own or control the rights to what you submit, that it is accurate, and that its use by us will not infringe any third party’s intellectual property, privacy, or publicity rights. Do not submit photographs of another person’s property or of identifiable individuals without their permission.
Honest reviews: Reviews must reflect your honest experience. If we provide anything of value in connection with a review, including a discount, gift card, entry into a drawing, or free service, you must clearly and conspicuously disclose that in the review itself, as required by Federal Trade Commission rules. We do not ask for, pay for, or permit fabricated reviews, and we do not suppress reviews based on their rating.
Moderation: We may decline, edit for length, or remove any submission at our discretion. We do not endorse and are not responsible for content posted by users.
Results vary: Testimonials, case studies, before-and-after photographs, and reported savings reflect individual experiences and are not a guarantee that you will obtain similar results.
11 Informational Content Only; No Professional Advice
Articles, blog posts, maintenance guides, videos, FAQs, sizing tools, cost calculators, and similar content on this website are provided for general informational purposes only. They are not a substitute for an on-site evaluation by a licensed technician, and they do not create a contractor-customer relationship or any duty of care.
Do not attempt repairs involving refrigerant, electrical wiring, gas lines, sealed systems, water heaters, or sewer lines. Much of this work requires licensure under Florida law and a permit. Improper work can cause serious injury, fire, carbon monoxide exposure, water damage, or death, and may void manufacturer warranties and violate the Florida Building Code. If you are unsure, stop and call a licensed contractor.
12 Prohibited Website Conduct
You agree not to use this website to:
- Engage in any unlawful purpose or violate any local, state, or federal law.
- Attempt to gain unauthorized access to our systems, user accounts, or web servers.
- Transmit viruses, malware, scrapers, bots, or malicious code.
- Interfere with or disrupt the security, integrity, or performance of the website.
- Harvest, scrape, or collect email addresses, telephone numbers, employee names, pricing, or other data from the site, whether manually or by automated means.
- Submit false, misleading, or fraudulent information, or submit another person’s telephone number, email address, or property address without that person’s authorization.
- Use the site or any contact form to transmit unsolicited commercial messages, solicitations, or job or vendor spam.
- Use automated means to book, cancel, or modify appointments, or to place repeated or fictitious service requests.
- Reverse engineer, decompile, or copy any portion of the website or its underlying software.
13 Third-Party Links, Services, and Content
This website may contain links to third-party sites or services that are not owned or controlled by Cool Air USA. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party website.
Certain functions on this site, including online payment, financing applications, scheduling, review platforms, and chat, may be operated by third-party providers under their own terms and privacy policies. Your use of those functions is subject to those providers’ terms in addition to these Terms.
14 Accessibility
We want this website to be usable by everyone, and we work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Accessibility is an ongoing effort, and some content may not yet fully conform.
If you have difficulty accessing any part of this website, or if you need information or want to book service through another method, contact us at 877-895-1155 or [email protected] and we will work with you promptly to provide the information, product, or service you need through a reasonable alternative method.
15 Copyright Complaints (DMCA)
If you believe content on this website infringes your copyright, send a written notice to our designated agent containing the information required by 17 U.S.C. Section 512(c)(3), including identification of the work, identification of the material and its location, your contact information, a statement of good-faith belief, a statement of accuracy made under penalty of perjury, and your signature.
Designated Agent: Legal Department, Cool Air USA, 3901 NW 16th Street, Lauderhill, Florida 33311; email [email protected]. We may remove allegedly infringing material and terminate access for repeat infringers.
16 Disclaimer of Website Warranties
This website and its content are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Cool Air USA does not guarantee that the site will be uninterrupted, error-free, or free of security vulnerabilities, or that information on the site, including equipment specifications, availability, efficiency ratings, and pricing, is accurate, complete, or current.
17 Limitation of Liability for Website Use
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOL AIR USA AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS SECTION APPLIES TO WEBSITE USE ONLY. LIABILITY RELATING TO SERVICES, REPAIRS, AND INSTALLATIONS PERFORMED BY COOL AIR USA IS GOVERNED BY PART II.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.
18 Indemnification for Website Use
You agree to indemnify, defend, and hold harmless Cool Air USA and its owners, officers, employees, and agents from and against any claims, demands, losses, liabilities, damages, penalties, and expenses, including reasonable attorney’s fees, arising out of or relating to your use of this website, your violation of these Website Terms of Use, any content you submit, or your submission of a telephone number, email address, or property address that you were not authorized to provide.
19 Suspension or Termination of Access
We may suspend or terminate your access to this website or any of its features at any time, with or without notice, for any reason, including suspected violation of these Terms. Sections that by their nature should survive termination, including intellectual property, indemnification, limitation of liability, and dispute resolution, will survive.
20 Governing Law, Venue, and Waivers
Governing law: These Website Terms of Use are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.
Venue: Any dispute arising out of or relating to your use of this website shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to personal jurisdiction and venue in those courts. Disputes arising out of services performed by Cool Air USA are governed by the dispute resolution provision in Part II.
JURY TRIAL WAIVER: TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS WEBSITE.
CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Time to bring a claim: To the extent permitted by law, any claim arising out of or relating to your use of this website must be filed within one (1) year after the claim arose, or it is permanently barred.
21 Changes to These Website Terms
We may update or modify these Website Terms of Use at any time by posting a revised version with a new “Last Updated” date. Changes are effective when posted. Your continued use of the website after a revised version is posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically. Changes do not apply retroactively to a signed proposal or a completed transaction.
22 Severability and Entire Agreement
If any provision of Part I is found invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary and the remaining provisions shall remain in full force and effect. Our failure to enforce any provision is not a waiver of it. Part I is the entire agreement between you and Cool Air USA regarding your use of this website. Our Privacy Policy is a separate document, is not incorporated into these Terms, and is governed by its own terms.
23 Notices and Contact Information
Notices to you may be given by email, text message, or mail to the contact information you provide.
These Service & Installation Terms & Conditions (this “Agreement”) apply to all services, repairs, replacements, maintenance, and installations performed by Cool Air USA (“Company”) for the customer identified in the proposal, estimate, or invoice (“Customer”). They are incorporated into every Company proposal, estimate, work authorization, and invoice.
1 Scope of Work, Access & Promised Results
Work Standards: Company shall perform the services described in the proposal consistent with industry standards and applicable code.
The Written Proposal Controls: The written proposal or estimate, together with this Agreement and any signed change orders, is the entire agreement between the parties for the work described. Verbal statements, estimates, or assurances that are not contained in a written document issued by Company are not binding.
Results Disclaimer: Cleaning, restoration, and installation services may not totally remove all contaminants, odors, or stains. No guarantees as to specific decontamination levels are made unless stated in writing.
Unforeseen Conditions: Installation pricing is based on visible conditions at the time of estimate. Any work required to address concealed defects, code violations, or inaccurate information provided by the Customer requires prior written approval and will result in additional charges.
Change Orders: Any change to the scope of work, materials, schedule, or price must be documented in a written change order approved by Customer in writing or electronically before that work proceeds. The only exception is work reasonably necessary to prevent imminent property damage, personal injury, or a code or safety hazard, which Company may perform immediately and will document in a change order as soon as practicable. Approved change orders are payable on the same terms as the original work.
Equipment Substitution: If specified equipment is discontinued, backordered, or otherwise unavailable, Company may substitute equipment of equal or greater capacity, efficiency rating, and manufacturer warranty at no additional cost to Customer, with notice to Customer before installation.
Permits & Inspections: Company will obtain the permits required for its scope of work. Permit, plan review, and inspection fees are the responsibility of Customer unless expressly included in the proposal. Customer agrees to sign any owner authorization required by the building department and to provide access for inspection. Company is not responsible for delays caused by a building department or utility, and any corrective work required by an inspector for pre-existing conditions not installed by Company is outside the scope of work and requires a change order.
Customer Responsibilities: Customer shall provide safe, unobstructed access to the work area, including access to electrical panels, attics, crawl spaces, roofs, and shut-offs, and shall provide working electrical service and water as needed. Customer must remove all valuables and breakable items from the work zone, secure pets, and keep children away from the work area. Company is not responsible for loss or damage resulting from a failure to do so.
Refrigerant, Disposal & Environmental: Company recovers and handles refrigerant in accordance with Section 608 of the Clean Air Act. Unless Customer requests otherwise in writing before work begins, all removed equipment, materials, and debris become the property of Company for recycling or lawful disposal.
Job Site Documentation & Photography: Company may photograph or record the work area before, during, and after the work for documentation, permitting, warranty, quality control, and training purposes. Company may use such images in marketing only in a manner that does not disclose Customer’s name or street address without Customer’s written consent.
Subcontractors & Assignment: Company may perform any portion of the work through properly licensed subcontractors and remains responsible for that work. Customer may not assign this Agreement without Company’s written consent. Company may assign this Agreement to a successor or affiliate.
Delays & Force Majeure: Company is not responsible for delays caused by the Customer, severe weather, permitting, supply chain disruptions, labor or material shortages, utility interruptions, acts of God, or other events beyond Company’s reasonable control.
Digital Authorizations: Electronic signatures, email approvals, text message approvals, and digital authorizations obtained through Company’s field software are legally binding and satisfy any requirement of a signed writing.
2 Appointments, Cancellations, Rescheduling & Right to Cancel
Notice Required: Cancellations or rescheduling requests must be made at least 24 hours prior to the scheduled service appointment.
Cancellation Fees: Cancellations made with less than 24 hours’ notice, or failure to provide safe access upon technician arrival, may be subject to a cancellation or trip fee.
Equipment Orders & Restocking: Once equipment or materials have been ordered at Customer’s authorization, cancellation may be subject to a restocking fee of up to fifty percent (50%) of the equipment price, plus freight and handling actually incurred. Special-order, custom, and non-returnable items are non-cancellable once ordered. This provision does not apply during any period in which Customer has a statutory right to cancel.
Statutory Right to Cancel: Where the transaction is a home solicitation sale under Sections 501.021–501.055, Florida Statutes, or a sale covered by the Federal Trade Commission Cooling-Off Rule (16 C.F.R. Part 429), Customer has a right to cancel as described in the BUYER’S RIGHT TO CANCEL notice in Part III, and Company will honor that right. Nothing in this Agreement waives or shortens that right.
3 Warranties, Limitations & Inspections
Warranty Terms: Manufacturer warranties apply to equipment and are administered by the manufacturer under its own terms. Company warrants its workmanship for the period stated on the final invoice, provided the account is paid in full. This workmanship warranty is Company’s exclusive warranty and is in lieu of all other warranties, express or implied, to the fullest extent permitted by law.
Service Hours: Any warranty work will be performed during standard business hours (8:00 AM – 5:00 PM, Monday–Friday). Calls outside these hours are subject to emergency service rates.
Maintenance Requirement: The workmanship warranty requires that the system receive documented annual maintenance performed by a properly licensed contractor, and that air filters be changed at the intervals recommended by the manufacturer. Customer should retain maintenance records, which Company may request in connection with a warranty claim. Customer is not required to purchase a maintenance plan from Company in order to keep the workmanship warranty in effect.
Exclusions: The workmanship warranty does not cover damage or failure caused by modification or service performed by a third party, misuse, neglect, failure to perform required maintenance, power surges or utility interruptions, storm, flood, lightning, fire, pests or vermin, corrosion from environmental conditions, or conditions of the building not installed by Company. The warranty is suspended while the account has an unpaid balance.
HVAC Performance: HVAC performance depends on building design, insulation, windows, and existing ductwork. Specific room temperatures, humidity levels, and utility savings are not guaranteed unless expressly stated in writing in the proposal.
Inspection at Completion: Customer agrees to inspect the work area upon completion. Visible physical damage to the property and cosmetic issues must be reported to Company in writing within five (5) business days of completion. Defects that are not reasonably discoverable on visual inspection are governed by the workmanship warranty and the notice and cure provision below, and are not waived by this inspection period.
Notice and Opportunity to Cure: Before commencing any legal proceeding or arbitration relating to the work, Customer shall give Company written notice describing the alleged defect or deficiency in reasonable detail and shall allow Company a reasonable opportunity, not less than thirty (30) days, to inspect the work and to offer to repair or remedy it. Where Chapter 558, Florida Statutes applies, the notice and cure procedures of that chapter apply instead and the periods stated there control. Customer shall provide access for inspection and testing.
LIMITATION OF LIABILITY: COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE WORK SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO COMPANY FOR THE WORK GIVING RISE TO THE CLAIM. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST INCOME, LOSS OF USE, SPOILAGE, TEMPORARY HOUSING, OR DIMINUTION IN VALUE. COMPANY IS NOT LIABLE FOR DAMAGE TO WALL COVERINGS, PAINT, TEXTURE, STUCCO, FLOORING, CABINETRY, LANDSCAPING, OR CONCEALED CONDITIONS, OR FOR WATER DAMAGE, MOISTURE DAMAGE, MOLD, OR MICROBIAL GROWTH, EXCEPT TO THE EXTENT SUCH DAMAGE IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY. Nothing in this Agreement limits any liability that may not be limited under Florida law.
Insurance: Company maintains commercial general liability insurance and workers’ compensation coverage as required by Florida law. A certificate of insurance is available on request. Customer is responsible for maintaining property and casualty insurance on the premises and its contents.
4 Site Conditions, Chemicals & Indemnification
Existing Systems & Alterations: Company is not responsible for failures of existing electrical, structural, plumbing, or mechanical systems not installed by Company. Installation may involve cutting building materials; Company will patch holes to a paint-ready state, but exact matching of texture or color is not guaranteed, and painting, texturing, tile, and finish carpentry are not included unless stated in the proposal.
Concealed Utilities: Company is not responsible for damage to concealed wiring, piping, ductwork, or other utilities unless caused by failure to follow industry-standard locating procedures. Customer shall disclose the location of any known concealed lines, post-tension cables, or prior repairs.
Chemical Safety: Certain services involve cleaning agents, sanitizers, or biocides. Customer acknowledges that safety data sheets are available on request, agrees to ventilate the area as recommended, and releases Company from claims related to chemical sensitivities when products are used according to manufacturer guidelines.
Mold, Moisture & Indoor Air Quality: Company is not a mold assessor or mold remediator and does not perform mold remediation unless separately contracted and licensed to do so. HVAC and plumbing work may disturb pre-existing moisture, microbial growth, dust, or insulation. Company does not warrant any improvement in indoor air quality and does not warrant the elimination of mold, odors, allergens, or humidity problems. Pre-existing moisture intrusion, drainage defects, and building envelope issues must be corrected by others, and Company is not responsible for conditions arising from them.
Hazardous Materials: If hazardous materials such as asbestos or lead-based paint are encountered, work will cease until the material is assessed and abated by qualified parties at Customer’s expense. Company is not responsible for resulting delays or for costs of abatement.
Indemnification: Customer agrees to indemnify and hold harmless Company against claims arising from unsafe property conditions, pre-existing defects, undisclosed conditions, or Customer’s failure to perform its responsibilities under this Agreement, except to the extent such claims arise from Company’s negligence or willful misconduct.
5 Payment, Liens & Dispute Resolution
Payment Terms: Balances are due upon completion of the work while the technician is on site, unless the written proposal, an approved financing agreement, or a written commercial account agreement provides otherwise. Deposits, progress payments, and equipment deposits are as stated in the proposal. Customer is responsible for all costs once equipment has been ordered at Customer’s authorization.
Late Charges & Collection Costs: Past due balances accrue a service charge of one and one-half percent (1.5%) per month, or the maximum rate permitted by Florida law if lower. Customer is responsible for costs of collection, including collection agency fees, court costs, and reasonable attorney’s fees, to the extent permitted by law.
Security Interest & Lien Rights: Title to all equipment and materials remains with Company until paid in full, and Customer grants Company a purchase-money security interest in that equipment to secure payment. Customer authorizes Company to file financing statements evidencing that interest. Company also reserves all rights available to it under Florida’s Construction Lien Law, Sections 713.001–713.37, Florida Statutes, including the right to record a claim of lien and to pursue foreclosure. Company will not enter the property to remove installed equipment without Customer’s written consent or an order of a court of competent jurisdiction.
Payment Disputes & Chargebacks: If Customer disputes any charge, Customer agrees to notify Company in writing at the address below and to allow Company fourteen (14) days to investigate and attempt to resolve the dispute before initiating a credit card chargeback. Nothing in this Agreement limits any right Customer may have under applicable law or card network rules. If a chargeback is initiated and resolved in Company’s favor, or is initiated for an amount later determined to be owed, Customer is responsible for Company’s actual costs incurred in responding, together with collection costs and reasonable attorney’s fees to the extent permitted by law.
Dispute Resolution — Binding Arbitration: Except as provided below, any dispute or claim arising out of or relating to this Agreement or the work, whether brought by Customer or by Company, shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Construction Industry Rules for commercial Customers), before a single arbitrator, seated in Broward County, Florida. The parties must first comply with the notice and opportunity to cure provision above. For consumer claims, Company will pay arbitration filing and administrative fees in excess of the amount Customer would have paid to file the same claim in court. The arbitrator decides all issues except the enforceability of the class action waiver below, which is reserved to a court.
Arbitration Exceptions: Either party may, at its election, bring an action in any court of competent jurisdiction (a) to collect amounts owed under this Agreement or to obtain judgment on an unpaid account, together with interest, collection costs, and attorney’s fees; (b) to file, perfect, enforce, or foreclose a construction lien under Sections 713.001–713.37, Florida Statutes; (c) as an individual action in small claims court, where the claim qualifies for that court; or (d) to seek injunctive or other equitable relief to protect property, safety, or confidential information. Exercising any of these rights does not waive this arbitration provision as to any other claim or dispute.
CLASS ACTION WAIVER: CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. BY AGREEING TO ARBITRATION, BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY.
Right to Opt Out of Arbitration: Customer may opt out of this arbitration provision by sending written notice to Cool Air USA, 3901 NW 16th Street, Lauderhill, Florida 33311, or to
[email protected], within thirty (30) days after signing the proposal, stating Customer’s name, address, and intent to opt out. Opting out does not affect any other provision of this Agreement and will not affect Customer’s pricing, warranty, or service.
Attorney’s Fees: In any arbitration or court proceeding permitted under this Agreement, the prevailing party is entitled to recover its reasonable attorney’s fees and costs to the extent permitted by law.
Governing Law & Venue: This Agreement is governed by Florida law. Any proceeding not subject to arbitration shall be brought in the state or federal courts located in Broward County, Florida.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, it shall be limited or severed to the minimum extent necessary and the remaining provisions shall remain in full legal force and effect.
Modifications: Company may update or modify these Service & Installation Terms & Conditions at any time by posting a revised version. Revisions apply prospectively only and do not change the terms of a proposal already signed by Customer or of work already performed.
