Terms and Conditions

Last Updated: July 17, 2025

Scope of Terms and Conditions

The Terms and Conditions of product sales, installation, construction, and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations, and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging Frank Lee the Best Heating and Cooling LLC (“Seller”) to provide product(s) or perform or produce any services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Seller have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either “Terms and Conditions” or this “Agreement.” Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or engaging Seller to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Seller’s Site at the time Customer signs the Installation Proposal will govern, unless otherwise agreed in writing by Seller and Customer.

Due to the nature of HVAC Services, Customer understands and agrees possible damages may still occur after service and thus service performed today is not guaranteed that other problems don’t exist and/or may occur. Often when equipment fails, full diagnosis is not possible until repair is made. Once repair is made, further diagnosis shall be performed to verify if any other issues arise. Customer agrees Frank Lee the Best Heating and Cooling LLC is not liable for issues related to manufacturers, distributors, sub-contractors, or warranty companies. Lodging, shipping, portable A/C or heating systems, or temporary repairs are not covered unless otherwise stated.

Price & Payment Terms

Prices quoted by Seller are good for 30 days only. Customer agrees to pay all invoices rendered by Seller for work performed on behalf of Customer. Seller requires a 50% deposit on all installations.

SIGNING THIS INVOICE GIVES US PERMISSION TO START WORK ON OUR END, such as: ordering, shipping, and delivery of equipment and parts, employee scheduling, metal fabrication, ordering of crane, and other third-party services.

1. If equipment is ordered, and then the job is cancelled by the customer, the customer will be responsible for a $250 restocking fee.
2. All work is Cash on Delivery (COD) after services rendered, unless financed through a financial institution.
3. Nonpayment of service will be pursued legally.
4. Customer agrees to pay $35 for returned, NSF, or cancelled checks.

Payment in full is due from the Customer upon completion of the work in all cases. At the sole discretion of Seller, payment may be submitted within 15 days of invoice issuance for commercial construction or installation work if Seller has an approved credit application on file.

The individual executing this Agreement agrees to be PERSONALLY LIABLE for all monies due to Seller despite the existence of any corporate entity or other potential limitation; and Customer agrees that any affiliate now or hereafter existing shall be liable jointly and severally with Customer for amounts due under this Agreement, including any interest, penalties, or attorneys’ fees assessed for non-payment.

Unless otherwise stated, Seller shall have the right to demand payment Cash on Delivery or payment for equipment upon receipt of equipment or fabrication of materials for any project. Customer agrees to pay interest at a rate of 2% per month and a penalty of 24% per annum for any overdue payment and to pay Seller’s reasonable attorneys’ fees for collection of unpaid balances.

Furthermore, failure to pay in full for any work shall allow Seller to cease work on this or any other work for Customer or Owner and to post notice at all work sites without liability. In the event of non-payment, Seller may, without prior notice, remove all workmen and stored material from the project site. No credit or offset by Customer shall be permitted when service or work is refused for nonpayment. All work furnished, lost profit, and costs of handling shall be due immediately upon invoice by Seller without liability to replace any equipment.

Final payment shall be due after the work described in the Installation Proposal is substantially completed.

Pricing for Our Services

Our rates are set by understanding our cost of doing business. When our professional service technician knocks on a customer’s door, many costs have been incurred just to get him or her there. Just by having our employees standing by (on call) costs money. A qualified service organization’s cost begins with the salary of the professional technician. This amount is the same whether the technician is making repairs on premises, traveling to appointments, or participating in training programs.

Our overhead cost is also factored into each invoice which consists of: training, literature, courses, truck lease, repair, maintenance and operation, advertising, internet, website, gas, ladders, tools, warehouse, office rent, stock items, phones, electric bills, office and management fees, company insurance, office equipment, business expense, legal counsel, recruitment, employee benefits, payroll, office supplies, postage, theft, regulation, taxes, quality control, and much more.

1. We accept Visa, MasterCard, AMEX, Discover and offer financing plans, but all are based on 3rd party approvals (OAC).
2. If Customer fails to pay monies due, Customer agrees we have the right to charge a late payment fee of 2% of the balance owed for every month the balance is unpaid (before or after any judgment).
3. Customer agrees they are liable for and will, upon demand, pay all of our reasonable expenses and costs incurred in the collection of overdue monies including check dishonor fees, debt collector’s fees, legal costs (on a solicitor/agent/client basis), and court costs.

We may, in addition to all other rights and remedies we have at law, suspend or terminate the supply of goods and/or services to the customer and any of our obligations under this agreement, invoice, or any other type of contract between the customer and us, if any check, credit card payment, or electronic funds transfer we receive in payment of any amount owed by the customer is dishonored or reversed.

Title to Equipment

Title to all equipment and materials provided by Seller under this Agreement shall not pass to Customer until payment in full has been unconditionally paid to and received by Seller. Seller shall have a security interest in the equipment, parts, and materials installed for customers until payment in full is received. Customer acknowledges this security interest by signing the contract documents, including this Agreement. This secured interest shall apply for all purposes, including bankruptcy or against any person claiming any interest in or to the goods or equipment.

In the event of non-payment, Customer also grants Seller an unhindered right of entry onto the premises at which the work is being performed to remove all materials or supplies placed by Seller.

Security

It is hereby agreed that a posted notice, a form UCC-1, or other public filing may be made as evidence of a security interest in the equipment and/or retention of title to the equipment by Seller until paid in full. By signing this Agreement, Customer consents to and acknowledges Seller has a security interest in any equipment provided and/or installed by Seller.

Zoning and Permits

Customer agrees to timely furnish all information necessary to secure plans and permits for the work called for under this Agreement, and Customer warrants the work contracted for to be in compliance with applicable zoning, classification, and building codes. Any costs for work not in the Estimate but required by lawful authorities to bring the work into compliance with applicable code shall be the responsibility of the Customer. Seller assumes no responsibility for violation of zoning rules or laws.

Insurance

Frank Lee the Best Heating and Cooling LLC shall purchase and maintain the following minimum insurance coverage throughout the performance of work under this Agreement:

• Commercial General Liability Insurance with limits of not less than:
  • $1,000,000 per occurrence
  • $2,000,000 general aggregate
  • $2,000,000 products/completed operations aggregate
  • $1,000,000 personal and advertising injury
  • $500,000 damage to rented premises
  • $5,000 medical expense (any one person)
• Automobile Liability Insurance:
  • $1,000,000 combined single limit for each accident
• Umbrella Liability Insurance:
  • $1,000,000 each occurrence and $1,000,000 aggregate with a $10,000 retention
• Workers Compensation and Employers’ Liability Insurance:
  • Statutory limits per state requirements

A Certificate of Liability Insurance can be provided upon request. This insurance shall insure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and Seller waive all rights against each other for damages caused by insured perils, whether or not such damage is caused by the fault or negligence of any party hereto. Customers shall maintain property insurance on the structure and work being performed to the full insurable value.

Scope, Changes, and Substitutions

During the progress of the work under this Agreement, if Customer should order extra work not specified in the Agreement, Seller may require such extra work to be considered an agreement separate and aside from this Agreement and may require payment for said extra work in advance. Seller will perform the scope of work as agreed in writing for the agreed-upon price. The purchaser acknowledges that it has made the choice as to equipment size and specification and that Seller has followed those instructions. Customer assumes liability for recommendations made by Seller that are not accepted. If Seller has made the equipment size and specification determination, then the same is based upon the information provided by Customer to Seller and is not an independent evaluation.

Unless otherwise set forth herein, Seller reserves the right to make substitutions of equal equipment, supplies, or materials without prior approval of Customer. Any and all changes to the work, set-offs, deductions, or other changes to the work must be agreed to in writing by Seller to become enforceable. Failure to make full payment for changes in the scope shall be cause for termination by Seller. If the work cannot be finished by Seller within 2 months of the date of the proposal due to causes outside Seller’s control, Customer agrees to pay Seller the total cost associated with the extra work plus 10% of that extra cost as overhead and profit.

Work Schedule

Work shall be completed within a reasonable time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Seller’s ability to obtain materials, and/or any cause beyond Seller’s control.

Substitutions

Should Seller be unable to obtain any material(s) specified in the Agreement or any Change Order, Seller shall have the right at its sole discretion to substitute comparable materials, and such substitution shall not affect the Contract Price.

Excess Materials

Extra materials left over upon completion shall be deemed Seller’s property, and Seller may enter upon the Property’s premises to remove excess material(s) at all reasonable hours.

Supervision Responsibility

Seller shall supervise and direct the work at Customer’s Property using reasonable skill and attention. Seller shall be solely responsible for the construction means, methods, techniques, sequences, and procedures for all work performed at Customer’s Property pursuant to this Agreement. Customer shall not interfere with Seller’s work forces or subcontractors.

Design Conditions

All equipment is designed according to the Manual J standard design temperatures for Phoenix, AZ:

• Cooling: 75°F indoor dry bulb temperature with 50% indoor relative humidity at 108°F outdoor dry bulb temperature
• Heating: 70°F indoor dry bulb temperature with 50% indoor relative humidity at 24°F outdoor dry bulb temperature

Seller is not responsible for cooling/heating beyond these standard design conditions, high humidity levels, duct sweating, or issues related to home infiltration, insulation, or building envelope. Calculations are based on the information provided by Customer. If Customer does not authorize Seller to perform independent testing or load calculations, system sizing will be based on the existing equipment and Seller assumes no liability for resulting oversizing or undersizing issues.

Performance or Condition of Existing Equipment

Seller is not responsible for the performance, compatibility, or condition of any existing equipment or materials that are not replaced. Warranty service covers only the newly installed items and associated workmanship. If existing components interfere with proper operation, any additional service charges are the Customer’s responsibility.

Unless otherwise noted on the invoice, Seller uses the existing electrical wiring, breakers, ductwork, filters, grills, line-sets, roof jacks, exhaust pipes, gas lines, and other external components. Modifications or enlargements discovered to be necessary after installation will result in additional charges. Any construction-related work, including drywall or trim, is also billed separately.

Existing Line Set

Seller is not responsible for performance issues due to an existing refrigerant line set. If a 500-micron vacuum cannot be pulled, replacement may be necessary at additional cost. Seller is not responsible for leaks in reused line sets. Choosing not to replace line sets against Seller’s recommendation voids the limited warranty.

Existing Gas Pipe

Seller is not responsible for the condition of existing gas piping that is not readily accessible. Additional costs will apply if pressure testing or repairs are required.

Refrigerant Leak, Leak Search

If the system is low on refrigerant, a leak exists. Customers have the following options:

1. Perform leak detection and repair, or refill (only if slightly low and allowed by EPA).
2. Pay for leak detection even if the leak is not located.
3. Understand that any leak repair is not guaranteed and may be ineffective, especially on older or corroded R-22 systems.

Return visits for recharging or re-repair are billed separately.

Repair vs. Replacement

If Frank Lee the Best Heating and Cooling LLC recommends system replacement, Customer may still request a repair if applicable. Choosing repair over replacement against recommendation is at Customer’s own risk.

Paint, Patchwork, and Repairs

Seller is not responsible for painting, patching, or other aesthetic repairs after installation/modification work is completed.

Drywall Risk and Responsibilities

If, during installation, Seller’s employee accidentally damages drywall (e.g., stepping through ceiling), Seller will arrange for a licensed drywall or painting company to make the repair (including tape, texture, and paint). The repair company will be contacted within 48 hours and paid by Seller within 45 days of receiving an invoice. Any warranties for the repair will be issued by the repair company, not Seller.

All other drywall or paint damage — regardless of type, size, or cause — is the sole responsibility of the Homeowner/Property Owner or their Property Management Company, including but not limited to:

1. Ceiling bullnose to attic access
2. Cracks of any size or length
3. Sagging, falling drywall or peeling paint
4. Tape, texture, and paint outside of accidental repair
5. Water damage occurring more than 1 year after installation

The Property Owner or Property Manager acknowledges the inherent risks involved in installing HVAC systems in existing structures and assumes all such risks.

The above statements are understood, agreed upon, and accepted by the following authorized parties as satisfactory to the resolution of drywall and/or painting responsibilities. By approving this estimate, the homeowner/property manager agrees to the terms and conditions stated herein.

Personal Property

Seller is not responsible for damage to Customer’s personal property left in or near the project area. If access to equipment is in a closet, it is the homeowner’s responsibility to remove any items they do not want exposed to insulation or debris. Frank Lee the Best Heating and Cooling LLC is not responsible for dry cleaning or damage to clothing or personal items left in the work area.

Existing Attic Access Stairs

If Customer’s existing stairs cannot be safely used for removal/installation of equipment, alternative methods or access points may be required. Seller is not responsible for:

• (a) Replacement or repair of attic stairs removed during the job.
• (b) Any resulting property damage related to stair removal or access creation.

Mold

Seller is not responsible for any claims, damages, costs, or liabilities arising from the presence or discovery of mold. Mold detection, remediation, or handling of hazardous materials is excluded from the scope of this work. Seller reserves the right to pause work until such materials are addressed and removed.

Indemnification

Customer agrees to indemnify, defend, and hold harmless Seller and its employees, subcontractors, and agents against all liabilities, losses, and claims related to:

• (a) Injury or property damage, unless caused solely by Seller’s negligence.
• (b) Customer’s failure to meet any obligation in this Agreement.
   This includes reasonable legal fees, court costs, and related expenses.

Risk of Loss

Risk of loss transfers to Customer upon delivery of materials or equipment to the property. Seller is not responsible for fire, theft, vandalism, or other damage after delivery. Customer should maintain appropriate insurance.

Severability

If any part of this Agreement is found to be invalid or unenforceable, the rest shall remain in full effect.

Performance

If Customer fails to meet obligations or if Seller has reasonable cause to doubt payment, Seller may terminate this Agreement with seven (7) days written notice. Seller retains mechanic’s lien rights and the right to collect for work completed plus overhead, profit, and related legal costs.

Collections

If unpaid after thirty (30) days, Customer agrees to:

• Pay 2% monthly interest (24% annually) on the unpaid balance.
• Pay all legal or collection costs incurred by Seller.
• Accept that performance is considered complete unless written notice is provided within thirty (30) days of substantial completion.

Limited Warranty & Additional Terms

• All equipment/materials are covered by manufacturer warranty only. Labor warranties are stated on the invoice.
• No warranties (written, verbal, or implied) are valid until the account is paid in full.
• Seller is not responsible for damages or conditions caused by:
  1. Normal wear and tear
  2. Operation outside recommended temperature range
  3. Inherent material characteristics
  4. Weather or environmental conditions
  5. Condensation or expansion/contraction effects
  6. Condensate or drain line issues
  7. Existing structural or duct deficiencies
  8. Drain/refrigerant leaks, roof damage, old parts/equipment not replaced
  9. Delays or errors from manufacturer supply houses
  10. Unauthorized work performed by others
  11. “Side jobs” performed by Seller technicians

• Customer is responsible for confirming equipment registration.
• Parts warranties: 1-year parts, 1-year labor (on repaired part).
• Maintenance program members: additional warranty as listed.
• New equipment: typically 10-year manufacturer parts warranty; labor is 1 year (or 2 if upgraded—stated on invoice).

No third party is authorized to modify or offer warranties on behalf of Seller. This limited warranty replaces all other warranties, express or implied, including fitness, merchantability, or habitability. Seller is not responsible for incidental or consequential damages such as lost use, business disruption, or inconvenience. Unauthorized repairs void the warranty.

Disclaimer of Warranties

Customer agrees Seller and its affiliates are not liable for damages caused by:

• (A) Third-party actions or negligence
• (B) Failed or incomplete services
• (C) Health-related effects
• (D) Mold
• (E) Structural failure
• (F) Roof leaks near exhausts/plenums
• (G) Electrical wiring issues
• (H) Uncontrollable events (natural disasters, terrorism, etc.)

Limited Liability

To the extent allowed by Arizona law:

• Seller’s liability is limited to the portion of the service fee related to the disputed service.
• No liability for incidental, consequential, or punitive damages.
• Seller’s maximum total liability is limited to the price of the goods/services in question.
• Seller is not liable for actions by third-party service contractors.
• Seller does not warrant product/system performance — only manufacturers do.

Dispute Resolution / Mutual Non-Disparagement Clause

1. Both parties agree to resolve disputes by contacting the other first.
2. Customer agrees to notify Seller of any concerns by emailing su*****@***************ac.com or writing to PO Box 11522, Casa Grande, Arizona 85130.
3. Per the Arizona Registrar of Contractors, Frank Lee the Best Heating and Cooling LLC (ROC#343092) must be given the opportunity to correct its own work before any formal complaint is filed.
4. In an effort to ensure fair and honest feedback and to prevent harmful or libelous statements, Customer agrees not to publicly post defamatory comments that may harm Seller’s reputation or that of its employees.
5. Our services include complex systems that may occasionally fail. Customer agrees to work cooperatively with Seller to resolve any issues.
6. If this clause is violated, the responsible party will be given three (3) business days to remove or retract the defamatory content. Failure to do so may result in legal action for damages, legal fees, and court costs.

Entire Agreement

This document constitutes the full agreement between Customer and Frank Lee the Best Heating and Cooling LLC. No other terms, verbal or written, shall apply unless signed by both parties.

Messaging Terms & Conditions

You agree to receive informational messages (appointment reminders, account notifications, etc.) from Frank Lee the Best Heating and Cooling LLC. Message frequency may vary. Standard message and data rates may apply.

• For help, reply HELP or email us at se*****@***************ac.com
• To opt-out at any time, reply STOP