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Welcome to The Cooling Company’s Terms of Service page. Here, we outline the guidelines, policies, and protections that ensure a safe and respectful experience for everyone who visits and uses our website. Whether you’re exploring our services, contacting support, or scheduling an appointment, this page helps you understand your rights and our commitment to transparency. Your comfort is our priority, both in service and in trust.
Last Update: November 28, 2024
Welcome to The Cooling Company’s Terms of Service
These Terms of Service govern your use of The Cooling Company’s (TCC) website and services. By accessing or using our website, you agree to be bound by these terms. Our goal is to ensure a safe, transparent, and effective experience for all users. Please read these terms carefully to understand your rights and responsibilities when using TCC’s website and services.
Using Our Website and Services
TCC’s website and services are provided to offer information, resources, and support for HVAC solutions. Access to the site is granted for your personal, non-commercial use only. By using this site, you agree to comply with all applicable laws and regulations. You may not:
- Use our site for unauthorized commercial purposes.
- Interfere with the site’s operations or attempt to access restricted areas.
- Distribute harmful or illegal content.
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the site without prior written consent from TCC.
Unauthorized use of the website may give rise to a claim for damages and/or be a criminal offense.
Copyrights and Trademarks
All content on this website—including text, images, graphics, logos, and other materials—is the property of TCC or its content suppliers and is protected by copyright and trademark laws. All rights to the content on the website are reserved by TCC. You may not use, reproduce, duplicate, modify, distribute, or exploit any of TCC’s materials, including logos and trademarks, for any commercial purpose without prior written permission from TCC. Unauthorized use or reproduction of any TCC trademarks or copyrighted materials is strictly prohibited and may result in legal action.
Your Responsibilities as a User
As a user of TCC’s website, you agree to act responsibly and ethically. You must refrain from activities that may disrupt the website, infringe upon other users’ rights, or violate legal regulations. Specifically, you agree not to:
- Post defamatory, harmful, or illegal content.
- Engage in spamming, hacking, phishing, or any other malicious activities.
- Misrepresent your identity or your affiliation with TCC.
- Attempt to bypass security measures or access restricted areas of the website.
Violation of these responsibilities may result in the termination of your access to our website and services, and may also subject you to legal consequences.
Have Questions? Contact Us for Clarification.
Disclaimer of Warranties
TCC provides this website and its contents on an ‘as is’ and ‘as available’ basis without any warranties of any kind, whether express or implied. While we strive to provide accurate and up-to-date information, we make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, services, or related graphics contained on the website for any purpose. Your use of the website is at your own risk, and you assume full responsibility for any loss or damage that may result from your use of or reliance on the website.
To the fullest extent permitted by law, TCC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
Limitation of Liability
To the fullest extent permitted by law, TCC shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our website and services. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses. This limitation applies even if TCC has been advised of potential damages. Additionally, TCC is not responsible for technical malfunctions or interruptions of the website or services.
Performed Work and Service Liability
- Events Beyond Our Control: TCC shall not be liable for any damage, loss, or delays resulting from fire, explosion, flooding, elements of nature, labor troubles, or any other cause beyond our control.
- Customer Insurance Responsibility: The customer agrees to carry fire, extended coverage, and other necessary insurance to protect against potential losses.
- Hazardous Substances: TCC is not liable for the identification, detection, reduction, encapsulation, storage, removal, or transportation of any regulated or hazardous substances. These may include, but are not limited to, asbestos, certain refrigerants, and refrigerant oils encountered during the course of work. If such materials are found, TCC reserves the right to discontinue work until they have been removed or rendered harmless. TCC shall receive an extension equal to the time of delay to complete the work and reserves the right to be compensated for any loss due to the delay.
- Roofing Damages: TCC is not responsible for damage to any roofing required to repair, remove, or replace any HVAC system. Roofing repairs are the sole responsibility of the customer.
- Workmanship Liability:While TCC shall use extraordinary care in performing any work, we shall not be liable for any consequential injuries to persons or damages to property except those directly caused by TCC’s employees.
- Structural Limitations: TCC is not responsible for any damages incurred due to the building structure’s inability to properly support installed equipment, or for expenses incurred in removing, replacing, or refinishing any part of the building structure necessary for the performance of any service or installation, unless otherwise noted in the proposal.
- Risk of Loss or Damage to Equipment: You assume the risk of loss or damage to equipment after it has been installed at your premises. Once the equipment is set in place, you are responsible for its security and protection.
- Structural Integrity: You are responsible for ensuring that your building structure is capable of supporting the equipment to be installed. This includes obtaining any necessary inspections or approvals. The Cooling Company is not responsible for damages or expenses resulting from structural inadequacies.
- Work Standards: TCC shall perform all work in a competent, workmanlike manner but is not responsible for any existing illegal conditions.
- Taxes and Fees: TCC assumes no responsibility for any present or future taxes, charges, or other governmental fees, or for any items of equipment, labor, or special tests required or recommended by insurance companies, equipment vendors, or governmental authorities.
Need More Information? Contact Us
Payment Terms and Conditions
All payments are due in full upon work completion unless otherwise noted. A finance charge of up to 3% per month may be applied to overdue payments exceeding 30 days.
- Credit Approval: All orders not paid in full are subject to approval by The Cooling Company’s credit department prior to the completion of any services.
- Validity of Repair Estimates: Any suggested repair prices provided by The Cooling Company will expire if not accepted within 30 days.
- Corporate Accounts: Approved corporate accounts may have up to 30 days to pay for services, as authorized by The Cooling Company’s accounting department.
- Retention of Title: The Cooling Company retains title to all materials and equipment it installs until final payment is made.
- Collection Costs: In the event that the customer’s account is referred to an attorney for collection, the customer agrees to pay all attorney fees, court costs, and other collection expenses incurred.
- Down Payment Requirement: The Cooling Company will not begin or perform any installation before receiving the required down payment.
- Qualified Technicians: The Cooling Company will provide only trained and qualified technicians who are employed by or supervised by The Cooling Company.
Warranty and Maintenance
All warranties are subject to proper maintenance by the customer. Failure to comply may void the warranties.
- Warranty Coverage: The Cooling Company warrants its work to be free from defects in material and workmanship for a period of one (1) year for all parts and thirty (30) days for all labor from the date of completion of the work, unless otherwise stated in writing.
- Remedy of Defects: If a defect in materials or workmanship covered by this warranty occurs, The Cooling Company will, with reasonable promptness, remedy the defect at no additional cost to you. In no event shall The Cooling Company be held liable for water or other damage caused by any delay in remedying a defect.
- How to Obtain Warranty Service: To obtain warranty performance, notify The Cooling Company of any defects or claims for breach at the address and telephone number provided on our website or service agreement.
- Maintenance Requirement: All warranties on any repair work or equipment installed by The Cooling Company are contingent upon proper maintenance by you. Failure to perform recommended maintenance may result in voiding the warranty.
Dispute Resolution
In the event of a dispute arising from your use of TCC’s website or services, we encourage you to first seek a resolution through informal methods by contacting us directly. If a satisfactory resolution cannot be reached, you agree to engage in mediation or arbitration before pursuing other legal remedies.
- Completion of Work: The Cooling Company will make every reasonable effort to complete the stated work on the specified dates. However, due to factors beyond our control—such as equipment availability and delivery restrictions—all completion dates are estimates. If there is a delay of more than 10 days beyond the estimated completion date, you have the right to terminate the contract.
- Nevada Residential Construction Recovery Fund: Customers may seek financial recovery under the Nevada Residential Construction Recovery Fund. For further details and to file a claim, please contact the Nevada State Contractors Board.
Residential Construction Recovery Fund
Payment may be available from the recovery fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair of other improvements, and the damage resulted from certain specified violations of Nevada Law by a contractor licensed in this state. For additional information relating to the recovery fund and filing a claim for recovery from the recovery fund, you may contact the State Contractors’ Board at the following locations:
State Contractors Board
2310 Corporate Circle, Suite 200
Henderson, Nevada 89074
Phone Number: (702) 486-1100
9670 Gateway Drive, Suite 100
Reno, Nevada 89521-3953
Phone Number: (775) 688-1141
The board may impose upon a contractor an administrative fine:
(a) Of not more than $10,000 for the first violation of subsection 1; and
(b) Of not more than $250 for a second or subsequent violation of subsection 1.
The board shall deposit any money received pursuant to this section in the account established pursuant to NRS 624.470.
Entire Agreement
This is the entire agreement between The Cooling Company and the customer. The parties are not bound by oral expressions or representations by any agent purporting to act for, or on their behalf, or by any commitment or arrangement not set forth herein. The agreement binds jointly and severally all signing as Customer, their heirs, representatives, successors, and assigns.
This is a formal agreement that contains the entire understanding between The Cooling Company and the customer. Any modifications, changes, or amendments must be in writing and signed by both parties.
Itemized Breakdown Policy
The Cooling Company will not provide an itemized breakdown of materials and labor for flat-rate priced work. However, upon request, we will provide an itemized list of all materials used to perform the necessary repair.
