ROC#:365723
Be Cool LLC Heating and Cooling
Terms and Conditions
These Terms & Conditions (“Agreement”) govern all product sales, services, and HVAC installations provided by Be Cool LLC (“Seller”). By signing an estimate, accepting delivery of products, or engaging Seller for services, the customer (“Customer”) agrees to these Terms & Conditions.
1: SCOPE OF TERMS
These Terms & Conditions apply to all products, installations, and services provided by Seller.
Any additional or conflicting terms provided by Customer are rejected unless expressly agreed in writing. These Terms constitute the entire agreement between Seller and Customer, superseding all prior representations or agreements.
2: PAYMENT TERMS
Customer shall pay according to the Installation Proposal. Final payment is due upon substantial completion of work.
Late payments incur 2% per month (24% annually) on outstanding balances plus collection costs, including attorney fees.
Be Cool LLC may suspend work or guarantee coverage if Customer is not current on payments.
Lien Rights Notice: Customer is advised that under Arizona law, Seller has the right to file and record a mechanic’s lien against the property for unpaid balances. By entering into this Agreement, Customer acknowledges Seller’s lien rights and agrees that Seller may exercise such rights if payment is not made in full.
3: PERMITS, CODES, AND REGULATIONS
Customer is responsible for providing information needed to secure permits and approvals. Additional work required by authorities to meet code is Customer responsibility.
Seller is not responsible for violations outside the scope of contracted work.
4: CHANGE ORDERS & EXTRA WORK
Any work requested beyond the original Agreement will be treated as a separate contract and may require advance payment.
5: SCHEDULING & DELAYS
Work will be completed within a reasonable time, with an estimated timeframe of 30 days from the scheduled start date. This estimate is based on normal conditions and does not guarantee completion within 30 days.
Delays caused by events beyond Seller’s control — including but not limited to permit or inspection delays, material or equipment shortages, weather conditions, utility issues, or Customer-caused delays
— shall not constitute breach of contract (see Section 15 Force Majeure).
6: MATERIALS & SUBSTITUTIONS
If specified materials are unavailable, Seller may substitute comparable materials without affecting the contract price.
Excess or unused materials remain the property of Seller.
7: SUPERVISION & SITE RESPONSIBILITY
Seller supervises all work, including methods, sequences, and subcontractors. Customer shall not interfere with Seller’s workforce.
Seller is not responsible for damage to personal property left near work areas.
8: REBATES, INCENTIVES, AND TAX CREDITS
Seller is not responsible for securing, processing, or guaranteeing any rebates, tax credits, utility incentives, or other financial programs offered by manufacturers, utility companies, or government agencies.
Customer acknowledges that all applications, eligibility, and receipt of such incentives are the sole responsibility of the Customer.
Seller makes no representation or warranty regarding the timing, amount, or approval of any rebate, incentive, or tax credit.
9: LIMITED WARRANTIES
These warranties apply only to single-family residential installations. They do not apply to commercial, multi-family, rental, or non-residential properties.
A. Maintenance Labor Warranty
- Covers failures caused by defective workmanship or ordinary wear.
- Covers labor and service only for warranty-related repairs.
- Warranty is void if:
- Equipment is misused, neglected, or altered by anyone other than Be Cool LLC.
- Operation is outside manufacturer specifications (e.g., cooling below 70°F).
- Failures result from pre-existing ductwork deficiencies, drains, power surges, or acts of nature.
- Requires technician sign-off that all parts are within manufacturer’s specifications after each VIP maintenance visit.
- Customers must provide written notice of warranty issues and allow Be Cool LLC access to perform repairs.
- Diagnostic or trip charges are not covered under this warranty.
B Installation Labor Warranty
- Valid for the duration of the manufacturer’s parts warranty.
- Covers labor, service, diagnostics, and refrigerant for warranty-related repairs only.
- Applies only to the specified equipment purchased and installed by Be Cool LLC.
- Annual VIP maintenance by Be Cool LLC is required to maintain coverage.
- Warranty is void if:
- Equipment is misused, neglected, or altered by anyone other than Be Cool LLC Heating & Cooling.
- Does not cover parts or materials (manufacturer responsibility).
- Trip or extended travel charges are not covered under this warranty.
- Be Cool LLC reserves the right to purchase and retain a third-party labor warranty or coverage policy in order to fulfill the obligations of this warranty.
- Transfer Option: Warranty may be transferred to a new property owner for a $999 transfer fee, provided Be Cool LLC approves the transfer and the new owner agrees to comply with all warranty terms, including required annual maintenance.
C.Repair & Installation Warranty Terms
- Repair: 1-Year Parts & Labor, unless otherwise stated.
- Diagnostics: 30-day warranty from the original diagnostic date.
- Installation: 1-Year Parts & Labor / 2-Year Workmanship, unless otherwise stated.
- 2-Year Workmanship Warranty is provided in compliance with the Arizona Registrar of Contractors (ROC) standards.
- All manufacturer warranties are assigned directly to Customer. Seller makes no additional warranties beyond those stated.
D. Limitations & Exclusions
Seller is not liable for:
- Indirect, incidental, or consequential damages (loss of use, utility costs, income, property damage).
- Mold, condensation, humidity issues, or problems caused by building design.
- Existing ductwork, line sets, gas piping, attic access, or structural deficiencies.
- Cosmetic work (painting, patching, drywall repair).
- Diagnostic or trip charges for service visits are not covered under any warranty or guarantee.
- Warranty claims require Customer cooperation and authorized access to property.
- Owner-supplied equipment, materials, or parts.
- Work affected by future changes in building codes, ordinances, or regulations occurring after installation.
- Electrical and roof exclusions: Seller is not responsible for electrical work beyond the system’s electrical service (if installed) and/or the system disconnect, nor for roof penetrations or waterproofing beyond the immediate HVAC installation.
10. DESIGN CONDITIONS & PERFORMANCE
Systems are designed to Manual J load standards for Phoenix, AZ.
Seller is not responsible for performance issues caused by inaccurate Customer-provided information, oversizing/undersizing, or building infiltration conditions.
11. Existing Equipment, Line Sets, and Gas Piping
Seller is not responsible for pre-existing equipment, line sets, gas piping, or attic access limitations. Customer assumes responsibility for additional service costs if pre-existing conditions prevent proper installation or performance.
12. RISK OF LOSS & INSURANCE
Risk of loss passes to Customer upon delivery to property.
Customer must maintain property insurance covering equipment and work. Customer and Seller waive subrogation rights for insured perils.
13. INDEMNIFICATION
Customer agrees to indemnify and hold Seller harmless from claims, losses, or damages except where caused solely by Seller’s gross negligence or intentional misconduct.
Covers third-party claims arising from Customer negligence or misuse.
14. FORCE MAJEURE
Be Cool LLC shall not be liable for any delay, failure to perform, or inability to satisfy Customer obligations when caused by events beyond reasonable control, including natural disasters, labor disputes, material shortages, terrorism, civil unrest, power outages, or utility failures.
Any guarantee or warranty periods shall be extended for the duration of such events.
15. TERMINATION
If Customer fails to perform obligations or payment appears impaired, Seller may terminate with 7 days’ notice, retaining all rights to payment for work performed plus overhead, profit, and collection costs.
16. SEVERABILITY
If any provision is deemed invalid, the remaining provisions remain in effect.
17. CANCELLATION RIGHTS
Customer is advised of their right to cancel this Agreement within three (3) business days after signing, in accordance with the Federal Trade Commission’s “Cooling-Off Rule” and applicable Arizona law, if the contract was signed at Customer’s residence or away from Seller’s place of business. Cancellation must be submitted in writing and delivered to Seller within the cancellation period.
18. NOTICE OF RIGHT TO FILE COMPLAINT WITH THE ARIZONA ROC
This project is being completed by a contractor licensed by the Arizona Registrar of Contractors (ROC).
- Applies to residential work only.
- Customers may file a written complaint with the ROC for workmanship issues within two (2) years from the date of project completion.
- Filing a complaint with the ROC does not limit or restrict any other legal rights the Customer may have under applicable law.
- Contractor License No. CR-39 ROC 365723
- Contact information: https://roc.az.gov or (602) 542-1525.
19. LIMITATION OF LIABILITY, ATTORNEYS’ FEES, GOVERNING LAW & VENUE
- Limitation of Liability: Seller’s maximum liability under this Agreement, including all warranties, guarantees, or damages, shall not exceed the total contract price paid by Customer. In no event shall Seller be liable for incidental, indirect, or consequential damages.
- Attorney’s Fees: In the event of any dispute or legal action arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, court costs, and expenses in addition to any other relief granted.
- Governing Law & Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Venue for any dispute shall lie exclusively in the courts of Cochise County, Arizona.
20. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Customer and Seller.
No oral promises or outside representations modify these Terms & Conditions unless in writing and signed by both parties.