Terms & Conditions
AIR EXCELLENCE HEATING & COOLING
Welcome to the official Master Terms and Conditions for Air Excellence Heating & Cooling. When you authorize an estimate, schedule a service or installation, enroll in our Excellence Club maintenance membership, or participate in a promotional program, you, the esteemed customer, agree to be bound by the applicable sections of these Master Terms and Conditions.
1. GENERAL SERVICE AGREEMENT & REPAIRS
Scope of Services. “Services” shall refer to all diagnostic evaluations, maintenance, emergency repairs, retrofits, system design, equipment replacement, ductwork modifications, and installation labor provided by the Company as specifically detailed in an authorized estimate, proposal, work order, or invoice. The scope of work is strictly limited to the diagnostic and repair items explicitly listed. Pre-existing system defects, municipal code non-compliance, or unrelated component failures are strictly excluded.
Customer Responsibilities & Site Access. Client shall grant Company technicians safe, clear, and unobstructed access to all relevant HVAC equipment, thermostats, electrical panels, attics, crawlspaces, and work areas. Client must provide continuous working electricity and water supply at the service Site during all work. Client agrees to secure all pets and maintain a safe working environment free of hazardous conditions (including, but not limited to, standing sewage, structural instability, mold hazards, or unsecured weapons).
Payment Terms & Late Fees. Payment in full is due immediately upon completion of services, unless otherwise agreed upon in writing. Payment may be made via credit card, debit card, check, or pre-approved financing. Unpaid balances remaining past due are subject to a monthly late service charge (up to the maximum legal interest rate permitted under North Carolina law), along with all collection costs and reasonable legal/attorneys’ fees incurred by the Company.
Service Warranties & Disclaimer. Workmanship on standard repair labor is guaranteed for the timeframe specified on your invoice or estimate. Installed parts are covered strictly under the respective manufacturer’s warranty. The Company makes no independent warranty on third-party manufactured parts. Warranties become null and void if equipment is tampered with, serviced by an unauthorized third party, operated improperly, neglected (e.g., failure to clean or replace air filters), or damaged due to extreme weather, power surges, or lack of routine maintenance.
2. HVAC EQUIPMENT INSTALLATION AGREEMENT
Fixed Pricing & Site Limitations. Quoted installation pricing is valid for the timeframe stated on the estimate. Fixed pricing covers only the explicit scope of work listed in the proposal. Fixed pricing is based on visible, accessible site conditions. If concealed structural defects, substandard existing wiring, rotted ductwork, asbestos, mold, or hazardous materials are discovered during installation, work will stop until a written Change Order reflecting necessary price adjustments is executed by both parties.
Customer’s Statutory 3-Day Right to Cancel with New Installs. Under Federal Trade Commission (FTC) regulations and the North Carolina Home Solicitation Sales Act, homeowners are granted a mandatory three (3) business day “cooling-off period” during which they may cancel a home installation contract without penalty. Standard procedure requires Contractor to wait until this 3-day period expires before commencing work or ordering non-returnable equipment. This right to cancel is not applicable to maintenance or repairs.
Emergency Waiver Provision. If an HVAC system failure threatens health, safety, or property habitability (such as extreme seasonal temperatures or medical vulnerabilities), waiting three (3) business days for installation is often unsafe. Customers may request immediate commencement of emergency work by signing an Emergency Waiver, thereby explicitly requesting immediate installation/repair and waiving their standard 3-day cancellation right.
3. NEW CONSTRUCTION PROPOSALS & ESTIMATES
Phased Execution. New construction projects are performed in two distinct operational stages:
Phase I (Rough-In Stage): Installation of supply/return trunk lines, branch ductwork, flex runs, line sets, condensate drain lines, bath exhaust venting, wall penetrations, and equipment platforms.
Phase II (Trim-Out & Commissioning Stage): Setting outdoor condensers/heat pumps and indoor air handlers/furnaces, installing grilles/registers/thermostats, completing electrical hookups, line vacuum evacuation, refrigerant charging, system startup, and balancing.
Progress Payments & Construction Milestones. Unless agreed upon otherwise in writing, new construction projects are billed according to completion milestones:
Initial Deposit (20%): Due upon contract execution to reserve labor and order lead-time equipment.
Rough-In Completion (60%): Due upon completion of ductwork, line sets, and rough-in inspection pass.
Trim-Out & Startup (20%): Due upon equipment set, register installation, and initial system power-on.
Material Price Escalations & Job Site Conditions. Due to supply chain and raw material volatility, if equipment or component costs increase significantly prior to material purchase, Contractor reserves the right to pass direct material cost increases to the Builder/Owner via written notice. If project site delays not caused by Contractor postpone execution beyond the agreed project schedule, Contractor reserves the right to renegotiate labor and equipment pricing. The structure must be dried-in (roofing and sheathing complete) prior to Phase I Rough-In. The General Contractor or Owner is responsible for protecting installed HVAC equipment and ductwork from drywall dust, paint over-spray, floor grinding, or trade damage. Contractor is not responsible for duct cleaning resulting from other trades operating during construction.
5. EXCELLENCE CLUB MAINTENANCE AGREEMENT
Membership Tiers & Scope. The Excellence Club offers three membership tiers: Excellence CARE, Excellence TOTAL, and Excellence ELITE.
| Benefit / Feature | Excellence CARE | Excellence TOTAL | Excellence ELITE |
|---|---|---|---|
| Seasonal Tune-Ups (Spring & Fall) | 2 per year | 2 per year | 2 per year |
| Scheduling Priority | Standard | High | VIP |
| Diagnostic Fee (Standard $129) | 1/2 Off | $0 | $0 |
| After-Hours / Holiday Surcharge | 1/2 Off | $0 | $0 |
| Repair Discount (Parts & Labor) | 10% | 15% | 20% |
| Repair Warranty (Standard is 90 Days) | 90 Days | 2 Years | 2 Years |
| Air Filters Included | — | Standard Filters | 4” Premium Filters |
| Condensate Drain Treatment | Included | Included | Included |
| Indoor Air Quality Diagnostic | — | Included | Included |
| System Replacement Loyalty Credit (Banked Every Year You Stay) | $50 / year | $50 / year | $100 / year |
| Health & Safety Upgrade Credit | — | — | $100 / year |
| Home Transferability | Yes | Yes | Yes |
Membership Term, Price Lock, & Annual Escalation.
Initial 12-Month Term: All Excellence Club memberships carry an initial contract term of twelve (12) consecutive months. After 12 months, memberships automatically convert to a month-to-month agreement.
Two-Year Price Guarantee: Monthly rates are locked and guaranteed not to increase during the customer’s first twenty-four (24) months of continuous enrollment.
Annual Escalation: Beginning in year three (3) and each subsequent year, monthly dues will escalate by three percent (3%) annually.
Primary vs. Add-On Pricing: Primary rate covers one (1) system (defined as one heating unit and one cooling unit/heat pump serving the same zone). Add-on system rates apply to additional systems at the same property zone. All rates are subject to applicable state and local sales taxes (“plus tax”).
Diagnostic Credit Rules & Loyalty Vouchers. Diagnostic fees are never credited toward repair invoices. Diagnostic fees are credited in full only toward a complete system replacement performed by the Company. Replacement credits accumulate annually while the account remains active and in good standing. Credits apply exclusively to the purchase and installation of a completely new HVAC system from the Company and cannot be redeemed for cash, repairs, or service dues. Discounted or $0 diagnostic benefits are provided for bona fide mechanical emergencies. The Company reserves sole discretion to restrict or bill standard service rates if a customer exhibits an unreasonable pattern of false alarms, system abuse, or non-emergency after-hours calls.
Vacation Properties & Short-Term Rentals. For covered properties operated as short-term rentals, vacation rentals, or commercial leases:
No Timeline Guarantee. The Company makes no guarantees regarding repair arrival times, parts availability, or exact completion schedules.
Limitation of Downtime Liability. The Company shall not be held responsible or liable under any circumstances for property downtime, lost rental income, booking cancellations, guest rehousing costs, tenant inconvenience, or secondary damages arising from equipment failure or service delays.
Membership Cancellations. If the Customer cancels prior to completing the initial 12-month commitment, Customer agrees to pay the difference between full retail price and discounted pricing for all services, diagnostic fees, and repairs rendered during the period, up to the remaining contract balance. After 12 months, Customer may cancel with thirty (30) days’ written notice. The Company reserves the right to suspend or terminate any agreement at its sole discretion for unpaid dues, abusive behavior toward staff, or misuse of plan benefits.
6. PROMOTIONAL OFFERS & REFERRAL PROGRAM
“Rad Brad’s Buddy System” Referral Program (“Get a Deal, Give a Deal”). By participating in the Rad Brad’s Buddy System referral program, participants agree to the following terms:
Qualification. To qualify for rewards, the referred customer (“buddy”) must mention the referral card or offer when scheduling service by text or calling (828) 229-5659.
Standard Service Calls. The referred customer receives a $25 discount off their service call, and the referring customer receives $25 back once the service is completed and referred customer has paid.
System Replacements. If the referred customer purchases and installs a new system, the referred customer receives $150 off their installation, and the referring customer receives $150 back after install is completed and referred customer has paid.
Restrictions. Referral card is not redeemable for cash, has no cash value, is non-transferable, one coupon per household, valid with new customers only, may not be combined with any other offer, valid within our standard service area, and all rewards are contingent upon verified completion of services or installations and payment by Air Excellence Heating & Cooling. Terms are subject to change.
7. LEGAL NOTICES, LIABILITY, & GOVERNING LAW
NOTICE UNDER NORTH CAROLINA GENERAL STATUTES (NCGS CHAPTER 44A):
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT. CUSTOMER ACKNOWLEDGES THAT CONTRACTOR RETAINS ALL STATUTORY LIEN RIGHTS UPON REAL PROPERTY UNTIL PAYMENT IN FULL HAS BEEN RECEIVED BY CONTRACTOR.
Limitation of Liability. To the maximum extent permitted by North Carolina law, Company shall not be liable for pre-existing system defects, aging ductwork failures, or latent site issues discovered during service. The Company shall not be liable for indirect, incidental, special, or consequential damages—including loss of use, lost profits, water damage, mold growth, or secondary property damage—unless directly caused by Company’s sole gross negligence. Total financial liability under any claim shall not exceed the total amount paid by Customer for the specific service call, repair, or installation in question.
Force Majeure. Company shall not be held liable for failure or delay in performing services resulting from acts of God, extreme weather events, natural disasters, supply chain shortages, government restrictions, or other circumstances beyond its reasonable control.
Governing Law & Jurisdiction. This Agreement and all underlying agreements shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina, without regard to its choice of law rules. Any legal action arising from services rendered shall be brought in the state courts of North Carolina.
8. MISCELLANEOUS LEGAL TERMS
Counterparts and Electronic Signature. This Agreement may be executed in one or more counterparts and shall be effective when each party hereto shall have executed at least one counterpart hereof and delivered same with its signature affixed hereto to the other parties. It is the intent and agreement of each party hereto that if any signature is not an original, but is a digital, mechanical, or electronic reproduction (such as, without limitation, a photocopy, facsimile, email, PDF, Adobe image, jpeg, telegram, telex, or telecopy), then such signature shall be as enforceable, valid, and binding as, and the legal equivalent to, an authentic and traditional ink-on-paper original wet signature penned manually by its signatory and each Party may rely upon such instrument as an original for all purposes. The Parties agree that such signatures may be exchanged between themselves and assembled into multiple fully executed copies of this Agreement, each of which being deemed one and the same original for all purposes. The Parties agree that by clicking a “Click to Sign” or similar button, Customer affixes their electronic signature and acknowledges that such electronic signature has the same legal effect as a handwritten signature.
Dispute Resolution. In the event a disagreement arises regarding any provision of this Agreement, the Parties shall discuss the dispute within seven (7) days of delivery of written notice of the disagreement by one Party to the other. The Parties agree to use good faith and reasonable business judgment to resolve the disagreement within twenty-one (21) days of such written notice. In the event that the Parties themselves do not resolve the dispute within twenty-eight (28) days of notice of the dispute, the Parties hereto agree to submit the matter to mediation with a North Carolina Certified Mediator, and the Parties shall share the mediator’s fee equally. Any disagreement that is not resolved through mediation may then be submitted to arbitration first and then any remaining unresolved issues may be submitted to the courts, in accordance with this Agreement. The prevailing party, in whole or in part, shall be entitled to reimbursement for all costs and reasonable attorneys’ fees in any legal action brought against the other party based on a breach of this Agreement.
Amendment and Modification. No amendment, modification, supplement, termination, consent or waiver of any provision of this Agreement, nor consent to any departure therefrom, shall be effective unless the same is in writing and is signed by the party against whom enforcement of the same is sought. Any waiver of any provision of this Agreement and any consent to any departure from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which given.
Severability. Each provision of this Agreement is intended to be severable. If any term or provision hereof is held illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity will not affect the legality, validity, or enforceability of the remainder of this document in that or any other jurisdiction.
Entire Agreement. This Agreement supersedes any oral agreements between the parties respecting the subject matter of this Agreement and, along with other signed written agreements by and between the parties, constitutes the parties’ entire agreement.
Authority. Customer executing any agreement on behalf of a trust, corporation, or other entity warrants that he or she is authorized to do so and that said agreement with Company will constitute the legally binding obligation of the trust, corporation, or other entity that the individual represents.
9. Website Terms and Conditions
Intellectual Property. All content published and made available on our Website is the property of the Company and/or its affiliates. This includes, but is not limited to, text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights, and anything similar that contributes to the composition of our Website contained therein (collectively, the “Content”). All use of such Content accessible on our Website is restricted and must comply with this Agreement. No express or implied rights are conferred on You to use such Content. The compilation of all Content through the Website is the exclusive intellectual property of Company and protected by U.S. and other applicable copyright law. Except as explicitly permitted by this Agreement or the functionality of the Website, the Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Content of the Website without notice. Company grants you a limited license to access and make personal, non-commercial use of the Website and all Content thereon, subject to these Terms and Conditions. This limited license gives you the right to view all Content and download or print a single copy of the Content for your personal, non-commercial use. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy of such material. The Website and Content may not be used, reproduced, duplicated, copied, downloaded, scraped, sold, resold, sited, reverse engineered, decompiled, merged, disassembled, distributed, transformed, or otherwise exploited, in whole or in part (including via hyperlink), for any commercial purpose, including to create derivative works, without express written consent from Company. You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms, or devices, or any similar or equivalent manual process, with our Content for any purpose including to continuously and automatically search, scrape, extract, deep link or index any Content, use Content to train an algorithm or model, or cause disruption to the working of the Website or any other person’s use of the Website. Any legal rights that cannot be limited by agreement are excluded from this provision.
Links from the Website. If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Consent to Receive Communications. If you enter your information in an online form and indicate your consent to receive emails, telephone calls, text messages or any other communications from us, you acknowledge and agree to the fullest extent allowed by law that we may contact you by any means allowed by law including by means of an automatic telephone dialing system or pre-recorded or artificial voice message. You always have the right to decline to provide us with information and you may opt out of receiving these communications at any time after your consent has been given. Depending on your jurisdiction, there are various means to opt-out that are described in more detail in our Privacy Policy that include contacting us directly, submitting the appropriate form, and using the “unsubscribe” prompts contained at the bottom of email communications. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnity. Except where prohibited by law, by using this Website you indemnify and hold harmless Company and our directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.
Changes & Discontinuation. The terms and conditions contained in this Agreement may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Website and the way we expect users to behave on our Website. We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Verbal Opt-Ins
Air Excellence Heating and Cooling will collect verbal opt-ins from customers. Customers will be able to opt in to receive SMS notifications (e.g., billing, appointment reminders, dispatch updates, job completion surveys) either in person at your location or during a phone call initiated by the customer. Upon first registration, customers will be asked for their phone number and informed about receiving text messages. They will also be notified of possible message and data rates, variable message frequency, and instructions to text HELP for support or STOP to unsubscribe. Customers will also be informed that their number will not be shared with third parties for marketing or promotional purposes.
Contact Page
By submitting information on our Contact page and signing up for texts, you consent to receive messages from Air Excellence Heating and Cooling at the provided number, including messages sent via auto-dialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available). For help, reply HELP. Information will not be shared with third parties for marketing or promotional purposes.
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