TERMS & CONDITIONS

  1. Acceptance. These terms and conditions (“Terms”) contain the entire understanding between Four Seasons Heating & Air Conditioning, LLC any of its subsidiaries (“the Company”) and the Customer named in the above proposal concerning the sale of materials and goods (“Products”) and the provision of services (“Services”) by the Company and to the Customer and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. Except as otherwise provided herein, all sales are final.
  2. Payment. Customer shall make payment of all invoiced amounts in accordance with the terms set forth on each invoice. Until final payment is made, the Company retains ownership of all materials and equipment, even if already installed. Unless otherwise specified by the Company, invoiced amounts are exclusive of, and Customer agrees to pay, shipping and related fees and taxes. All orders not paid in full in advance are subject to approval by the Company’s credit department.
  3. Changes; Concealed Conditions. Any alteration or deviation from specifications contained herein involving extra costs will be executed only upon written orders and will incur an extra charge over and above the estimate. The Company reserves the right to charge Customer additional fees resulting from (i) incorrect information furnished by Customer; (ii) deviations from specifications provided by Customer; and (iii) causes beyond Company’s control, including, but not limited to, supply chain and operational disruptions, regulatory changes, and third-party failures. If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, Customer agrees to accept responsibility for such conditions and those circumstances outside the control of the Company and further agrees to pay for any labor or materials, including repair to damaged equipment of the Company caused by such conditions and/or circumstances. It is the intent of this provision to make Customer responsible for all (a) unforeseen and concealed conditions, and (b) conditions which the Company cannot control.
  4. Collection. In the event Customer’s account must be referred to attorneys for collection, Customer agrees to pay attorney’s fees, court costs, and other collection costs. The highest allowable interest rate will be charged from the date of installation. In addition to all other remedies available under these Terms or at law, the Company shall be entitled to suspend the delivery of any Products or performance of any Services if Customer fails to pay any amounts when due hereunder.
  5. Delay. Since the Company may have no control over equipment availability and delivery, all completion dates are estimates only. The Company does not offer monetary compensation for delays or equipment malfunction or failure that may cause the Customer inconvenience or lost revenue.
  6. Installation. The Company assumes no responsibility for and Customer is responsible for any additional charges/fee related to deficiencies in existing air duct system, hydronic piping system, electrical, and/or gas systems. The Company is not responsible for damage caused to pipes, sewer lines, drains, or any other damage that may occur in the course of cleaning any drain or sewer line.
  7. Excavation and Site Conditions. The pricing provided for excavation, sewer, water service, drain, or underground plumbing work is based upon normal excavation conditions and assumes that existing soil conditions are stable, suitable for excavation, and do not require specialized construction methods or equipment. Should the Company encounter unforeseen or abnormal site conditions during the course of the work, including but not limited to: (a) unstable, unsuitable, or substandard soil; (b) running sand, flowing sand, or other unstable granular soil conditions; (c) excessively wet, saturated, or water-bearing ground; (d) high groundwater or conditions requiring dewatering; (e) rock, ledge, boulders, or other unforeseen subsurface obstructions; (f) buried concrete, foundations, asphalt, debris, or abandoned structures; (g) soil conditions requiring shoring, shielding, trench boxes, sheeting, engineered excavation methods, or additional safety measures required by OSHA or other governing authorities; (h) hazardous, contaminated, or environmentally regulated soils or materials; (i) conditions requiring additional excavation equipment, specialized machinery, engineering, permitting, restoration, or subcontracted services; or (j) any other concealed or subsurface condition materially differing from what could reasonably have been anticipated during the estimating process (collectively, “Changed Site Conditions”), such Changed Site Conditions shall constitute a condition outside the original scope of work. If any Changed Site Conditions are encountered, the Company will promptly notify Customer of the condition and provide a written change order describing the additional work and associated costs. No additional work relating to these unforeseen conditions will be performed until Customer has reviewed and approved the change order, except where immediate action is necessary to protect life, property, public safety, or comply with applicable laws or municipal requirements. Customer acknowledges and agrees that any additional labor, equipment, materials, engineering, subcontractor services, disposal costs, restoration, dewatering, soil stabilization, permitting, or other expenses resulting from Changed Site Conditions shall be the sole responsibility of Customer and shall be paid in addition to the original contract price. Customer further agrees to release, indemnify, defend, and hold harmless the Company, its owners, employees, agents, subcontractors, and affiliates from any claims, damages, delays, losses, or additional costs arising from or related to concealed, unknown, or unforeseen subsurface conditions that were not reasonably identifiable prior to excavation. This Section shall be incorporated into and made part of the excavation agreement, proposal, estimate, and work authorization and shall survive completion of the work.
  8. Drain Cleaning Cable Retrieval. Customer acknowledges that drain and sewer cleaning requires the use of mechanical cables, cutting heads, chains, and other specialized equipment that may become lodged or stuck within a drain or sewer line due to concealed conditions including, but not limited to, collapsed piping, offsets, broken pipe, root intrusion, foreign objects, excessive scale buildup, running fittings, defective pipe, or other obstructions not visible prior to performing the service. In the event the Company’s equipment or drain cleaning cable becomes stuck or cannot be safely retrieved through normal operating procedures, Customer agrees that any work required to expose, excavate, access, repair, replace, or otherwise retrieve the Company’s equipment shall be considered additional work outside the original scope of the drain cleaning service. All costs associated with accessing and retrieving the equipment, including labor, excavation, restoration, plumbing repairs, subcontractor services, permits, and materials, shall be the sole responsibility of Customer and shall be authorized through a written change order prior to commencement of such work, unless immediate action is required to protect persons or property. Customer further acknowledges that the Company shall not be liable for damages or costs resulting from concealed defects or conditions within the drainage system that prevent the retrieval of drain cleaning equipment.
  9. Water Supply Shut-Off. Customer understands and acknowledges that the Company may need to shut off the water at the main supply to the building or at the shut-off valve for the water heater to perform the contracted work. Due to the fact that water supply lines may be galvanized, iron, or copper pipes, and that the hot water affects the pipe with buildup inside of the pipes, the Company cannot be held responsible or liable for any pressure loss or broken shut-off valves due to these valves needing to be shut down. The Company will take every precaution to prevent this from happening but cannot guarantee that there will be no water pressure loss.
  10. Gas Leak and Detection. Customer acknowledges and agrees that: (a) the Company must perform a leak pressure test on the gas line system(s); (b) the Company will not repair any gas lines that have been marked by the gas provider without pressure testing the gas lines first, as the gas company often does not locate all of the leaks and simply repairing the leaks they have marked does not ensure that there are not others; (c) the pressure test conducted by the Company includes checking all of the visible and exposed gas lines, and such pressure test is simply a diagnostic procedure to determine the location of the leak(s), but if no leaks are detected on the visible gas line, the leak(s) may be located in a wall, ceiling, or floor, in which event the Company will provide a written proposal to open the walls, ceilings, or floors to locate the leak(s); (d) once all leaks are exposed and located in the home, the Company will provide a written proposal to repair the leak(s), and pricing of the repair is not possible until the leak is exposed and located; and (e) it is the responsibility of the gas company to restore gas service to the home, and the Company has no influence over the gas company and cannot be held responsible for the response time of the gas company.
  11. Toilet Replacement. Customer acknowledges and agrees that: (a) if the closet collar on the toilet needs to be replaced, the Company will make the Customer aware of that fact, but will not be able to install the toilet until all proper measures are taken to repair or replace the necessary collar; (b) there is no visual assessment that can be made of the existing collar without removing the toilet, and in the event that the collar needs to be replaced, the Company will visually show Customer where the issues lie and what measures need to be taken to fix it, and such repair will be a charge above and beyond the normal toilet installation; and (c) in the event that Customer refuses to repair the necessary collar, the old toilet and the new toilet will be left with the Customer, as the Company will not install any toilet on faulty existing plumbing.
  12. Hazardous Materials. The Company shall not be liable for identification, detection, abatement, encapsulation, storage, removal, or transportation of any regulated or hazardous substances, including, but not limited to, asbestos, refrigerants, and refrigerant oils. The Company can discontinue the work upon discovery and until the removal or elimination of any such regulated or hazardous materials. The Company shall receive an extension equal to the time of delay to complete the work caused by any such removal or elimination. Purchaser shall indemnify and hold the Company harmless against any claims by its agents, employees or Purchasers related to such hazards and shall compensate the Company for any losses resulting from any such delays.
  13. Company Warranties. The Company shall provide only trained and qualified technicians employed by the Company. All parts and labor warranties/guarantees are to the original homeowner. All work will be completed in a workman-like manner according to standard practices. Except as expressly set forth herein, the Company makes no warranties whatsoever with respect to the Services and all other warranties, express or implied, are expressly disclaimed. If equipment is not maintained annually, all warranties/guarantees are void. THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE . With respect to warranty claim pursuant to these Terms, the Company shall in its sole discretion either, (i) repair, replace, or reperform, as applicable, such Products or Services or (ii) credit or refund the price of such Products or Services to the Customer.
  14. Limitation of Customer’s Remedies. IN NO EVENT WILL THE COMPANY BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, TREBLE, INCIDENTAL, CONSEQUENTIAL, THIRD PARTY OR PUNITIVE DAMAGES INCLUDING WITHOUT LIMITATION THOSE BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL, EQUITABLE OR STATUTORY CLAIM, CAUSE OF ACTION OR LEGAL THEORY. IN ANY EVENT OF LIABILITY, THE COMPANY’S LIABILITY HEREUNDER REGARDLESS OF LEGAL THEORY WILL NOT EXCEED THE TOTAL AMOUNTS PAID TO THE COMPANY FOR PRODUCTS AND SERVICES SOLD HEREUNDER. IN NO EVENT WILL THE COMPANY BE REQUIRED TO INDEMNIFY CUSTOMER OR ANY OTHER PARTY. THE REMEDIES SET FORTH HEREIN ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH HEREIN. Customer further agrees to hold the Company harmless and shall indemnify and defend the Company and all its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees and consequential damages, arising out of or as a result from the performance of the Company’s work involving, affecting, or relating to unforeseen or concealed conditions regardless of whether such damages are caused in part by the Company.
  15. Company Remedies. Without waiving any other rights or remedies available under applicable law or otherwise, the Company may defer performance hereunder, or under or pursuant to any other agreement with Customer, until all past due payments of Customer are fully satisfied. The Company’s rights and remedies under these Terms and/or any invoice issued by the Company are in addition to, and not in lieu of, any other rights or remedies the Company may have at law or in equity.
  16. Excluded Services. Customer acknowledges and agrees that the Company is not responsible for any carpentry work, painting, plastering, patching, or any other work of the like in the carrying out of the Services under these Terms. During normal work, it may be necessary to disturb lawn, plants, landscaping, pavers, sidewalks, patios, concrete, driveways, or similar areas. The Company is not responsible for repairing or returning any damaged areas to their previous condition. The Company will backfill any opening dug into the ground; however, over time settling may occur, and it is the Customer’s responsibility to restore ground or grade to its previous condition.
  17. Low Price Guarantee. In the event that Customer obtains a competing bid for the provision for any sale of Products or performance of Services, the Company shall match such bid, provided that, such competing bid must be in writing and on comparable quality and size equipment from a licensed contractor working out of a business location, not a home, and prior to installation, or offer is void. Unless noted in this proposal, payment is due in full prior to the commencement of any work by the Company. A monthly finance charge, equal to the highest allowable interest rate under the applicable state law, may be levied on Customer’s account if delinquent over 30 days. The Company reserves the right to charge any Customer credit card on file for any amounts due and owing, which have not been paid in accordance with the terms of the applicable invoice. Two (2) year 100% satisfaction guarantee does not pertain to price.
  18. Hot Water Tank Guarantee. The Company shall replace the hot water tank for the Customer if it leaks within the Guarantee Period. The Guarantee Period shall be for two (2) years following the completion of the sale of Products or performance of Services. Such replacement shall include installation fees levied by the Company, on terms mutually agreed upon in the event of such leak. Notwithstanding the foregoing, well water applications do not qualify for the guarantee under this Section.
  19. Customer Obligations. Customer shall, it its expense (i) exercise reasonable care in operation and normal maintenance of the Products; (ii) operate the Products within the Company’s specifications (including, without limitation, all environmental specifications); (iii) maintain Products in conformance with the Company’s maintenance standards, including the Company’s recommended on-going maintenance; and (iv) properly maintain the site and operating environment where the Services will be rendered of Products installed.
  20. On-Going Maintenance. Any and all equipment installed by the Company through the provision of Services should be cleaned, oiled, and checked on a yearly basis per manufacturer’s recommendations and requirements. This must be performed by a certified technician. For any on-going maintenance hereunder, Customer is responsible for scheduling within the applicable twelve (12) month period at a mutually agreeable time for the Company and Customer. The Company shall not be liable for failure to complete on-going maintenance in the event that Customer fails to schedule such maintenance. In the event that Customer does not comply with on-going maintenance hereunder, Customer shall forfeit any and all warranties and guarantees provided under these Terms by the Company.
  21. Record Retention. Customer acknowledges and agrees that in order to qualify for the warranties and guaranties provided under these Terms, Customer must maintain certain records, including but not limited to, proof of completion of Services, yearly maintenance, and any other records related to the Products sold of Services rendered under these Terms. Misuse, abuse, or neglect may void warranties and guarantees.
  22. Rebates. Customer acknowledges and agrees that in order to qualify for a rebate under these Terms or the invoice, any such claim for rebate must be made in writing to the Company within seven (7) days of delivery of the Products or completion of the Services. In the event Customer fails to timely notify the Company hereunder, Customer waives any right to rebate under these Terms.
  23. Force Majeure. Except for Customer’s payment obligations, neither party shall be liable for delays in performance, in whole or in part, or any loss, damage, cost or expense, resulting from causes beyond its reasonable control, such as acts of God, fire, strikes, epidemics, pandemics, embargos, acts of government or other civil or military authority, war, riots, delays in transportation, difficulties in obtaining labor, materials, manufacturing facilities or transportation, or other similar causes (“Force Majeure Event”). In such event, the party delayed shall promptly give notice to the other party. The party affected by such delay may (i) extend the time for performance for the duration of the Force Majuere Event or (ii) cancel all or any part of the unperformed part of these Terms and/or the invoice if such Force Majeure Event lasts longer than sixty (60) days. If a Force Majeure Event affects the Company’s ability to meet its obligations at the agreed upon pricing, or the Company’s costs are otherwise increased as a result of such Force Majuere Event, the Company may increase pricing accordingly upon written notice to Customer.
  24. Governing Law. All matters arising out of or relating to these Terms or any invoice issued by the Company are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois. Any legal suit, action, or proceeding arising out of or relating to these Terms or any invoice shall be instituted in the federal courts of the United States of America or the courts of the State of Illinois in each case located in the Cook County, Illinois, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
  25. Entire Agreement; Modification; Waiver. These Terms or any invoice issued by the Company are the entire agreement between the parties, there being no other promises, terms, conditions or obligations, referring to the subject matter not contained herein. If any provision of these Terms or any invoice to any extent are declared invalid or unenforceable, the remainder of these Terms or any invoice shall not be affected thereby and will continue to be valid and enforceable to the fullest extent permitted by law. Any modification, amendment or change hereto must be in writing and signed by both parties. The Company’s failure to strictly enforce any of these terms shall not be construed as a waiver of any of its rights hereunder.

If for any reason you are not satisfied, please call our Customer Service Department at (708) 496-4400 ext. 5050  

NOTE: This proposal is only valid within thirty (30) days of written date. *See store for more details 

Chicago Business License: 2204742 | Chicago Home Repair: 1943263 Plumbing License #055-042791 | IN Plumbing License: #CO51300002