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ALL AMERICAN HVAC SERVICES, LLC

Veteran-Owned & Family-Operated

TERMS AND CONDITIONS OF SERVICE

INCLUDING COMMERCIAL & INDUSTRIAL SERVICES ADDENDUM

Last Updated: August 19, 2025

1. Introduction and Binding Agreement

These Terms and Conditions (“Terms”) govern all labor, materials, equipment, estimates, proposals, work orders, and services provided by All American HVAC Services, LLC (“Company,” “we,” “our,” or “us”) to any customer, property owner, or authorized agent (“Customer,” “you,” or “your”).

By requesting service, approving an estimate or invoice, authorizing work, or electronically accepting a quote through Housecall Pro, Customer acknowledges that they have read, understood, and agree to be legally bound by these Terms. This Agreement is enforceable under the laws of the State of Alabama.

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2. Scope of Services

The Company provides industrial, commercial, and residential services including, but not limited to:
• Heating, Ventilation, and Air Conditioning (HVAC)
• Refrigeration systems and equipment
• Plumbing services
• Gas fitting, fuel gas piping, and gas appliance connections
• Installation, repair, replacement, modification, inspection, and maintenance

All work shall be performed in accordance with:
• Applicable local, state, and federal laws and codes
• Manufacturer specifications
• OSHA standards and industry best practices

Any services not expressly included in the approved estimate, proposal, or invoice are excluded and may require additional charges.

3. Estimates and Proposals
• All estimates are non-binding until accepted in writing or electronically.
• Estimates are valid for seven (7) calendar days unless otherwise stated.
• Pricing is based on conditions visible and accessible at the time of inspection.
• The Company is not responsible for concealed conditions, undocumented modifications, or prior non-compliant work performed by others.
• The Company reserves the right to revise pricing or scope if unforeseen conditions, code requirements, access limitations, or material cost increases arise.

4. Pricing, Payment, and Lien Rights

Unless otherwise stated in writing:
• Service Calls & Repairs: Payment due in full upon completion.
• Installations / Changeouts / Projects: A deposit (typically 50%) is required prior to scheduling or commencement. Remaining balance is due immediately upon completion.

Accepted payment methods include cash, check, and approved electronic payments.

Any unpaid balance shall accrue a late fee of 1.5% per month (18% annually).

Lien Rights (FINAL – IDENTICAL EVERYWHERE)

In accordance with Alabama Code § 35-11-210 et seq., the Company reserves the right to file and enforce a mechanic’s and materialman’s lien against the serviced property for unpaid labor, materials, equipment, and services furnished. Customer acknowledges that lien rights arise by statute and agrees that the Company may pursue all remedies available under Alabama law until payment is received in full.

Customer agrees to pay all enforcement costs, including attorney’s fees, arbitration fees, court costs, and collection agency fees.

5. Customer Responsibilities

Customer agrees to:
• Provide safe, timely, and unobstructed access to all work areas
• Ensure utilities (electrical, water, gas) are active and accessible
• Remove or protect personal property in and around work areas
• Obtain all required approvals from HOAs, landlords, or property managers

The Company is not responsible for delays, damage, or additional costs caused by restricted access, unsafe conditions, or customer interference.

6. Scheduling and Delays

Completion dates are estimates only. The Company is not liable for delays caused by weather, material shortages, supplier delays, labor disputes, unsafe site conditions, acts of God, or other events beyond the Company’s control.

7. Warranties

Manufacturer Warranties

All equipment warranties are provided by the manufacturer and subject to their terms and registration requirements.

Company Labor Warranties

Labor warranties are limited to those expressly stated in the approved proposal or invoice.

Warranty Exclusions

Warranties do not apply to:
• Normal wear and tear
• Failure to perform recommended maintenance
• Abuse, misuse, or neglect
• Power surges, flooding, freezing, fire, lightning, or acts of God
• Alterations or repairs by unauthorized parties

8. Limitation of Liability

To the fullest extent permitted by Alabama law:
• The Company shall not be liable for indirect, incidental, special, or consequential damages, including loss of use, loss of income, or business interruption.
• The Company’s total liability shall not exceed the amount paid by Customer for the specific service giving rise to the claim.

9. Safety and Hazardous Conditions

If unsafe, hazardous, or non-code-compliant conditions are discovered, the Company may suspend or refuse service until corrected. Any corrective work required shall be billed to the Customer.

10. Cancellations and Rescheduling
• Cancellations require 24 hours’ notice.
• Late cancellations may incur a service fee.
• The Company may reschedule due to emergencies, safety concerns, or operational necessity.

11. Ownership of Materials

All materials, parts, and equipment supplied by the Company remain Company property until payment is received in full. The Company reserves the right to remove or repossess unpaid materials as permitted by law.

12. Confidentiality and Privacy

Customer information will be used solely for business operations and service fulfillment and disclosed only as required by law or necessary to perform services.

13. Dispute Resolution and Venue

All disputes shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration under Alabama law with venue in Etowah County, Alabama.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Alabama.

15. Amendments

The Company reserves the right to amend these Terms at any time. Updated Terms are effective upon posting or written notice.

16. Electronic Acceptance (Housecall Pro)

Customer acknowledges that electronic approval or signature through Housecall Pro constitutes full legal acceptance of these Terms and is enforceable as a written contract under Alabama law.

17. Severability

If any provision of these Terms is found invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

COMMERCIAL & INDUSTRIAL SERVICES ADDENDUM

(Automatically Applies When Customer ≠ Residential)

This Addendum supplements and forms part of the above Terms for all commercial, industrial, multi-family, governmental, nonprofit, property management, and contractor customers.

A. No Engineering or Design Responsibility

The Company does not provide professional engineering, stamped drawings, or design certification unless expressly stated in writing.

B. Existing Conditions

The Company is not responsible for pre-existing code violations, undersized infrastructure, deferred maintenance, or work performed by others. Any corrective work is additional scope.

C. Operational Disruptions

Customer acknowledges that shutdowns or service interruptions may occur. The Company is not liable for loss of revenue, tenant complaints, or business interruption.

D. Third-Party Delays

The Company is not responsible for delays caused by general contractors, property managers, utilities, inspectors, or authorities having jurisdiction.

E. Indemnification

To the fullest extent permitted by Alabama law, Customer agrees to indemnify and hold harmless the Company from claims arising from unsafe site conditions, customer-directed work, or systems altered by others.