
DEL-AIR TERMS AND CONDITIONS
1. Acknowledgments, Representations, and Warranties. Customer represents and
warrants that Customer is at least 21 years of age, and that the agreements, warranties
and representations made in this contract are true to the best of Customer’s knowledge.
Customer represents and warrants that Customer does not intend to use nor shall Customer
use the System for a building or space used for commercial, industrial, or multi-family
housing purposes. Customer represents and warrants that, prior to Equipment or Services
purchase, Customer received, read and understands the terms and conditions of the limited
warranty. Customer represents and warrants that Customer owns the System as indicated
and specied above. Customer represents and warrants that they have authority to make
decisions on any replacement and/or repairs of the Equipment and no other person has any
power or attorney to make such decisions, that have not been disclosed.
2. DISCLAIMER/LIMITATION OF LIABILITY. CUSTOMER UNDERSTANDS AND AGREES
AS FOLLOWS: (I) NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS,
PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER;
(II) THE COMPANY AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFITS, REVENUES,
OR ANY OTHER LOSSES ARISING OUT OF COMPANY’S BUSINESS OPERATIONS, ITS SALE,
INSTALLATION, OR MAINTENANCE OF THE SYSTEM, OR ANY DEFAULT UNDER THIS
AGREEMENT, EVEN IF COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH POTENTIAL LOSS OR DAMAGE; (III) EXCEPT FOR PERSONAL INJURY CAUSED BY
COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, COMPANY’S CUMULATIVE
LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT PAID
TO COMPANY UNDER THIS AGREEMENT, EVEN IF A TERM OF THIS AGREEMENT FAILS OF
ITS ESSENTIAL PURPOSE.
3. Indemnication of Company. Customer agrees to defend, hold harmless, and indemnify
Company its Representatives, ofcers, directors, employees and agents for any and
all losses, damages, and liabilities, legal or non-legal, arising out of any breach of this
Agreement by Customer and any interruption in electrical services or as to any other incident
or event as to the System which is not caused by the willful misconduct or gross negligence
of Company. Customer further agrees with Company that this indemnication shall include,
without limitation, any attorney’s fees, costs or other legal or non-legal expenses of any
description incurred by Company.
4. Assignment. Customer may not assign this Agreement without the prior written consent
of Company. This Agreement shall inure to the benet of and be binding upon Company’s
successors and assigns, including any purchaser of all or substantially all of Company’s
assets or business.
5. Arbitration. Most of Your concerns about the Agreement can be addressed by contacting
Us at 888-831-2665. In the event We cannot resolve any dispute relating to this Agreement
with You, then we both agree that any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, shall be settled by arbitration before a single arbitrator
administered by the American Arbitration Association (the “AAA”) in accordance with its
Consumer Arbitration Rules. Unless the parties agree otherwise, the arbitration hearing shall
be held in the county and state in which Company maintains its corporate headquarters.
Company and Customer knowingly both give up the right to resolve any controversy or claim
arising out of or relating to this Agreement in court, whether in front of only a judge, or in
front of a judge and a jury. The parties agree to arbitrate solely on an individual basis, and
that this agreement does not permit class arbitration or any claims brought as a plaintiff or
class member in any class or representative arbitration proceeding. Neither the AAA nor the
arbitrator shall have the power to consolidate more than one person’s claims or to otherwise
preside over any form of a representative or class proceeding. A judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of
the contract at the time you sign. Keep it to protect your legal rights.
BUYER’S RIGHT TO CANCEL: This is a home solicitation sale, and if you do not want the
goods or services, you may cancel this agreement by providing written notice to the seller
in person or by mail. This notice must indicate that you do not want the goods or services
and must be delivered or postmarked before midnight of the third business day after you
sign this agreement. If you cancel this agreement, the seller may not keep all or part of any
cash down payment.
6. Maintenance Plan. If you purchase a Plan, Company shall maintain and service the System
listed in this Agreement in accordance with the Plan’s specic schedule and contemplated
services. Company shall provide scheduled preventive maintenance in Company’s sole
discretion based upon Company’s assessment of the recommended maintenance schedule
for the specic needs of the System. Customer may request, and Company may provide,
other maintenance at Customer’s request at an additional charge. Service maintenance may
include, without limitation, lubrication, adjustments, testing, and replacement of parts and
components deemed necessary by Company in its sole discretion. The Plan does not include
the cost of air lters for the System. Customer is responsible for purchasing air lters
for the System and replacing them monthly, bi-monthly, quarterly, or semi-annually
based on the air lter and System type. Company is not responsible for supplying air
lters for any maintenance visits but will replace air lters as a courtesy if Customer
has air lters available during a maintenance visit. Company shall not be liable for any
damage(s) that arise or might arise due to Customer’s failure to change out air lters
as recommend or needed.
7. Scheduling Maintenance Under the Plan. Customer agrees Customer is responsible for
scheduling all maintenance visits with Company during the Term. Customer acknowledges
and understands that Company cannot guaranty available maintenance appointments.
8. Access to the Premises. Customer or anyone living with Customer allow Company, its
employees and any other authorized persons safe access to the Premises for any Premises
visits or visits conducted to the Premises pursuant to the Plan.
9. Customer Satisfaction. If for any reason Customer is not satised with the work
performed pursuant to the Plan, Customer may contact 888-831-2665 within ve (5)
days of any completed maintenance appointment to discuss any questions or issues, and
request and schedule a maintenance visit as agreed between the Customer and Company to
address any concerns of Customer. If you are not totally satised for the rst year following
the service performed by Del-Air, we will promptly address and perform to your complete
satisfaction those issues regarding material and workmanship or we will refund your service
fee. The Customer Satisfaction Guarantee is applicable so long as: 1) the entire HVAC
system (the “System”) is maintained at least annually by a Del-Air technician; 2) all repairs
recommended by Del-Air are performed on the System; and 3) the System has been used
solely for the purpose and under the conditions for which it was designed and has not been
subjected to misuse, alteration, accident, and/or abuse.
The warranties herein and remedies for breach thereof are exclusive and conditioned upon
Customer providing timely notication to the Company. They are given by Del-Air and
accepted by Customer in lieu of any and all other remedies, warranties, and guarantees,
express or implied, and IN LIEU OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE. DEL-AIR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Plan Exclusions. This section details what this Agreement does not cover. Company
will not provide coverage (whether in the form of the cost of parts and labor, replacement,
indemnication, or otherwise) under this Agreement for the following: (a) Damage that is
covered by any other warranty or service contracts, insurance policies, or product recalls;
(b) parts and services covered during the manufacturer’s warranty period are the sole
responsibility of the manufacturer; (c) damage to the System and its components that
(i) have missing or altered serial numbers, or (ii) are being used, or have been used, in a
commercial, industrial, or multi-family housing setting; (d) damage resulting or arising from:
(i) pre-existing defects or conditions, which are defects or other conditions that existed
prior to the Contract Start Date; (ii) unauthorized modications to the System, including the
unauthorized removal, bypass, or disabling of safety features; (iii) unauthorized repairs; (iv)
intentional damage or the misuse or abuse of the product; (v) third-party acts, including
theft and vandalism; (vi) failure to perform preventative maintenance, as outlined in any
accompanying instructional booklets or information and including, without limitation,
failure to maintain proper levels of lubricants or coolants, or using lters as instructed; or
(vii) any cause other than normal use and operation of the System in accordance with the
manufacturer’s specications, instructions, or owner’s manual; (e) lters for use with the
System; theft, re, ood, wind, freezing, power failure, inadequate power supply, moisture
or other unusual atmospheric conditions, acts of war or acts of nature, damage or failure
caused by animals, insects, or rodents, corrosive conditions caused by location or moisture,
alteration of the Equipment to meet changes in federal, state or local codes and regulations,
or repairs which require additional parts and labor to bring the Equipment into working
condition as a result of such government regulations.
11. Increase in Charges. Company shall have the right to increase the cost of the Plan and
its periodic charges at any time or times after the expiration of the rst year of the Term
upon giving you not less than thirty (30) days written notice in advance of the contract start
date of such price change. If you are unwilling to pay any revised charge, you may cancel
this Agreement by providing Company with written notice within twenty-one (21) days of the
date of Company’s notice of its price change. In such instance, this Agreement will terminate
on the contract start date of the price change unless Company rescinds the change. If
Company rescinds the price increase, Company may elect to continue this Agreement at the
same price and periodic charges then-current before notice of the price change. The Parties
agree they must strictly comply with the time periods in this paragraph.
12. Late Charges. You shall also pay to Company an administrative fee equal to ve percent
(5%) of any payment due hereunder received by Company after the date on which such
payment is due as agreed upon as damages and not as a penalty. There is no penalty for
prepayment in full.
13. Charges and Payments. Customer is responsible for the total amounts due and
owing as set forth Sections 1 and 2. Charges for on-call, unscheduled service, or for
services otherwise requested by Customer shall be at Company’s then-published rates.
Notwithstanding anything contained in this Agreement, Customer agrees the minimum
charge for all on-call, unscheduled service, or for services otherwise requested by Customer
is three (3) hours, even if such service takes less than three (3) hours. Customer agrees to
pay Company at the time of service is completed for all on-call, unscheduled service, or for
services otherwise requested by Customer.
14. Termination. You may not cancel this Agreement except within three (3) days of its
execution or as otherwise permitted by law. Company may terminate this Agreement for
any reason upon not less than ninety (90) days’ written notice to Customer. If We cancel
this Agreement, You will receive a pro rata refund of the Agreement price based on the time
remaining on the Agreement.
15. Mobile Terms and Conditions. If you enroll in the Company’s text messaging (SMS)
program, you will be asked to consent expressly by providing your mobile telephone
number, and responding with specied prompted key word(s), or SMS/MMS or
other text message afrmative response as your agreement and consent to receive
recurring marketing messages sent by Company or Company vendors to the mobile
number you provided at opt-in as part of this Agreement. Message and Data Rates May
Apply. Messages sent from automated system. Consent not required for purchase.
Opting Out: You may unsubscribe from a program at any time by texting STOP to 904-
834-4015. For additional help, you can text HELP to 904-834-4015, email service@
delair.com or call 888-831-2665. You agree that the Company, in its sole discretion,
may establish general practices and limits concerning use of any mobile application.
Message frequency depends on the program, but typically no more than 8 messages
per month are sent for a single campaign. Campaigns may not work with all carriers.
16. Headings and Severability. The headings of the paragraphs of this agreement are for
convenience only and shall not be construed as adding meaning to the provisions. If a court
determines that any part of this agreement is unenforceable, the parties agree that only the
portion of this agreement that is so determined to be unenforceable and shall be stricken
and that the remaining parts shall be unaffected.
17. Entire Agreement. The Parties acknowledged and agree this is a legally binding
agreement. The Parties acknowledge and agree that this Agreement constitutes the
entire agreement of the Parties and there are no other verbal or written agreements
between them. Each Party afrms that there are no contemporaneous oral promises,
representations, or agreements not set forth herein inducing entry into this Agreement and
all prior negotiations, discussions, statements, and representations are merged herein. This
Agreement may only be modied by a written modication signed by both Parties. Reliance
by the Parties on verbal communication accordingly is unwarranted. All capitalized terms
shall have the meanings ascribed to such terms in this Agreement. Contractor is engaged
in the service and maintenance of systems like the System owned or operated by Customer
and has been requested to provide maintenance to the System or Equipment pursuant to
the Terms and Conditions. Form # DA-WOI/ 10-2023