Terms and Conditions

Last Updated: August 14, 2025

These Terms and Conditions (“Agreement”) govern all product sales and service projects between Fresh Air (“Seller”) and the purchaser (“Customer”). By placing an order, making a purchase, or engaging Seller to perform services, Customer agrees to be bound by these Terms and Conditions unless both parties have signed a separate written agreement, in which case the separate agreement controls.

1. Scope of Terms and Conditions

The Terms and Conditions of product sales and service projects are limited to those contained herein. Any additional or different terms proposed by the Customer are deemed material alterations, and notice of objection and rejection is hereby given. These Terms and Conditions constitute a binding contract between Customer and Seller.

These Terms and Conditions are subject to change without prior notice, except that the version posted on Seller’s website at the time Customer signs the Installation Proposal will govern, unless otherwise agreed in writing.

2. Payment Terms

Customer shall pay Seller in accordance with the terms in the Installation Proposal. Final payment is due once the work described in the Installation Proposal is substantially completed.

3. Zoning and Permits

Customer agrees to provide all necessary information to secure permits for the work and warrants that the contracted work complies with applicable zoning, classification, and building codes. Any additional costs required by authorities to achieve compliance shall be the responsibility of the Customer. Seller assumes no responsibility for zoning violations.

4. Change Orders

Any extra work not specified in the Agreement may be treated as a separate agreement. Seller may require advance payment for such extra work.

5. Work Schedule

Work will be completed within a reasonable time. Performance may be delayed due to strikes, fires, war, terrorism, acts of God, adverse weather, transportation delays, material shortages, or other causes beyond Seller’s control.

6. Substitutions

If specified materials are unavailable, Seller may substitute comparable materials without affecting the contract price.

7. Excess Materials

Any leftover materials remain the property of Seller. Seller may enter the property at reasonable hours to remove them.

8. Supervision Responsibility

Seller shall supervise and direct the work with reasonable skill and attention. Customer shall not interfere with Seller’s workforce or subcontractors.

9. Limited Warranty

Seller provides a limited warranty on service and labor as stated in the Installation Agreement, beginning on the completion date.

Seller is not liable for:

• Normal wear and tear or abuse
• Use beyond design temperatures (e.g., cooling below 70°F)
• Material characteristics
• Weather-related damage
• Condensation or expansion/contraction issues
• Drainage malfunctions
• Air leaks due to structural deficiencies

If Customer purchases a warranty beyond two (2) years, they must maintain annual service agreements with Seller for the full term. Without such agreements, warranty coverage is void.

If the Customer sells the property, equipment defaults to a 5-year parts and 5-year labor warranty (assuming maintenance agreements are current). The Customer is responsible for manufacturer transfer fees.

Manufacturer Warranties: Seller passes through applicable manufacturer warranties but makes no additional warranties. Seller disclaims all implied warranties, including merchantability, habitability, or fitness for a particular purpose. Unauthorized repairs void this warranty.

10. Design Conditions

All equipment is sized using Manual J Standard Design Temperatures for Atlanta, GA:

• Cooling: 75°F indoor dry bulb / 50% RH at 92°F outdoor dry bulb
• Heating: 70°F indoor dry bulb / 50% RH at 23°F outdoor dry bulb

Seller is not responsible for issues beyond these design conditions or caused by inaccurate information provided by Customer. If Customer declines Seller’s load testing, system sizing will be based on the existing unit. Seller will not be responsible for problems caused by under- or oversizing.

11. Existing Equipment

Seller is not responsible for the performance or compatibility of existing equipment, ductwork, or materials not replaced during installation. Warranty coverage applies only to newly installed equipment.

12. Existing Line Set

Seller is not responsible for issues related to existing line sets. If Seller cannot achieve a proper vacuum, replacement may be required at additional cost. If Customer refuses, Seller’s warranty is void.

13. Existing Gas Pipe

Seller is not responsible for hidden or inaccessible gas piping. Additional testing or repairs are the Customer’s responsibility.

14. Paint, Patchwork, and Repairs

Seller is not responsible for any cosmetic work such as painting or patching after installation.

15. Personal Property

Seller is not responsible for damage to Customer’s personal property in or near the work area.

16. Attic Access Stairs

If existing stairs cannot be safely used, alternate methods will be required. Seller is not responsible for repair, replacement, or damage resulting from removal.

17. Mold

Seller is not responsible for mold-related claims, damages, or remediation. Discovery of mold may halt work until properly removed.

18. Insurance and Waiver of Subrogation

Customer shall maintain property insurance covering the structure and all work performed. Customer and Seller waive rights against each other for damages covered by such insurance.

19. Indemnification

Customer shall indemnify and hold harmless Seller, its employees, agents, and subcontractors against all losses, damages, liabilities, claims, and expenses (including legal fees), except those caused by Seller’s sole negligence or misconduct.

20. Risk of Loss

Risk of loss passes to Customer upon delivery of materials/equipment to the property. Customer must maintain insurance coverage.

21. Severability

If any part of this Agreement is found unenforceable, the remainder shall remain in effect.

22. Performance

If Customer fails to perform obligations or Seller believes payment is at risk, Seller may terminate this Agreement with seven (7) days’ written notice while retaining lien and payment rights.

23. Collections

If unpaid after 30 days, Customer shall pay:

• A late charge of 2% per month (24% annually)
• All collection costs, including attorney’s fees, court costs, and interest at the maximum legal rate

Acceptance of work is deemed unless Customer notifies Seller in writing within 30 days of substantial completion.

24. Entire Agreement

This Agreement constitutes the entire agreement between Customer and Seller. No oral agreements or representations are binding unless in writing and signed by both parties.

25. Right to Cancel

Customer may cancel this transaction at any time before midnight of the third (3rd) business day following the transaction date.

26. SMS Policy

We respect your privacy:

• We do not share your information with third parties or marketing services.
• By submitting, you authorize Fresh Air Heating, Cooling, and Indoor Air Quality to contact you by phone, email, or SMS regarding project needs.
• We will never spam or sell your information.
• You may opt out at any time.
• Standard message/data rates may apply.
• Consent is not a condition of purchase.

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