Bluebonnet A/C Services, Inc. - Consolidated Terms & Conditions
Financing may be available for qualified customers. Payment schedules, deposit requirements, and scheduling requirements may vary based on the type of work performed, financing approval (if applicable), and the terms stated on the Customer's estimate, financing agreement, or applicable project documents. See https://bluebonnetac.com/financing.
General Service Terms
1. Agreement Formation
This agreement is between Bluebonnet A/C Services, Inc. ("Bluebonnet") and the property owner or authorized representative ("Customer") for HVAC services. It becomes binding when Bluebonnet agrees to perform work.
2. Permits
Most repairs do not require permits. If permits are required, the Customer is responsible for the fees, which will be included on the final invoice.
3. Diagnosis
Bluebonnet will assess the issue based on the Customer's complaint. This is not a full system evaluation unless stated otherwise. Bluebonnet is not responsible for identifying unrelated system issues.
4. Approval of Work
Customer approval may be given by ink signature, digital signature, or email. Bluebonnet will only perform work authorized by the Customer unless the Customer pre-approves a broader scope.
5. Materials & Equipment
Bluebonnet will choose appropriate materials/equipment and may substitute comparable items without changing price. Customer-requested materials may incur additional cost.
6. Ownership of Materials
All equipment and materials remain Bluebonnet's property until all amounts due have been paid in full. Bluebonnet may remove installed materials/equipment if payment is not made.
7. Warranty
- Labor:
a. Service Work: 90-day warranty unless otherwise stated on the invoice.
b. New system installation: 1 year unless otherwise stated on the invoice.
c. Does not cover damage from poor maintenance, third parties, or acts of God.
- Manufacturer Warranty: Bluebonnet will make a good-faith effort to register applicable equipment following receipt of full payment and all information reasonably necessary for registration. Customer delays may forfeit extended manufacturer warranty eligibility.
- No other warranties are expressed or implied.
8. Cancellation (Installation and Multi-Visit Jobs)
Either party may cancel with 14 days written notice. Customer must pay for all non-recoupable expenses (labor, admin, subcontractors, non-returnable equipment, etc.). Customer may keep non-returnable equipment after payment. Deposits collected pursuant to Section 10 to reserve equipment, Specialty Parts, Non-Returnable Parts, subcontractors, or installation scheduling are subject to the cancellation terms above and may be applied toward non-recoupable project costs incurred by Bluebonnet.
9. Invoices, Payment Terms & Late Charges
Payment is due according to the terms stated on the applicable estimate, invoice, financing agreement, or project documents. Unless otherwise stated, invoices are due upon receipt.
Commercial Extended Payment Terms. Bluebonnet's standard project pricing is based on payment according to Bluebonnet's standard project payment schedule. When Bluebonnet agrees to extend payment terms for a commercial project, a 15% Extended Payment Terms Fee will be added to the total project price. The fee applies on a per-project basis and is calculated on the total project price regardless of any deposit, progress payment, or other partial payment required. Commercial customers may avoid the Extended Payment Terms Fee by paying the applicable project according to Bluebonnet's standard payment schedule.
Late Charges. Any balance not paid by its stated due date is subject to an additional 2% per month late charge until paid in full. This applies to all overdue balances, regardless of the payment terms applicable to the invoice or project.
Additional legal or administrative costs incurred during collection efforts will be added to the overdue balance. Bluebonnet may exercise any lien or other collection rights available under applicable law for unpaid balances.
10. Deposit Requirements
Bluebonnet may require deposits before ordering materials or scheduling work. Unless otherwise stated on the Customer's estimate or financing agreement:
a. Jobs exceeding $2,000.00 require a 50% deposit before scheduling.
b. Jobs exceeding $1,000.00 that require OEM or Specialty Parts require a 50% deposit before parts are ordered or work is scheduled.
c. Any job requiring a Non-Returnable Part requires a 50% deposit before parts are ordered or work is scheduled, regardless of the total project value.
d. Specialty Parts are parts that are special-order, OEM-only, built-to-order, non-stock, or otherwise not routinely stocked by Bluebonnet's suppliers. A part's classification as a Specialty Part will be based on supplier availability and ordering requirements at the time of order.
e. Non-Returnable Parts are parts or materials that cannot be returned to the supplier for credit once ordered.
f. Alternative payment schedules may apply when financing is approved or when otherwise stated on the Customer's estimate, financing agreement, or applicable project documents.
11. Limitation of Liability
Bluebonnet is not liable for indirect or consequential damages.
12. Force Majeure
Bluebonnet is not liable for delays beyond its control.
13. Confidentiality
Both parties will keep business-related information confidential.
14. Dispute Resolution
Disputes will be resolved by binding arbitration in Texas.
15. Non-Waiver
Failure to enforce any provision does not waive the right to enforce it.
16. Severability
Invalid provisions do not affect the remainder of the agreement.
17. Governing Law
Governed by the laws of Texas.
Installation Terms (Additional Conditions)
1. Permits
Any required permitting fees are included in the quote.
2. Scheduling
Job scheduling is based upon project authorization, equipment availability, applicable deposit requirements under Section 10, payment requirements, financing approval (if applicable), and crew availability. Installation dates are not guaranteed until applicable payment requirements have been satisfied.
3. Scope & Changes
The quote defines the scope of work. Substitutions for major equipment (heat pumps, condensers, air handlers, furnaces) will be discussed with the Customer and may require a change order. Minor material substitutions may be made without approval. Customer-requested changes or required code changes may add cost.
4. Ownership
All equipment/materials remain Bluebonnet's property until all amounts due under the project have been paid in full.
5. Jobsite Conditions
Dust, painting, or construction activities that can damage HVAC equipment must be disclosed 3 business days prior. Failure to do so may result in a rescheduling fee.
6. Payment Schedule and Progress Payments
Payment requirements, including applicable deposits under Section 10, vary based on the project type, financing approval (if applicable), and the terms stated on the Customer's estimate or financing agreement. Bluebonnet may require:
a) the applicable deposit before ordering equipment or scheduling work;
b) payment in full prior to installation for accelerated or expedited projects;
c) payment of any remaining balance prior to installation, unless otherwise stated in the Customer's financing agreement or estimate.
Ownership of installed equipment and materials remains with Bluebonnet until all amounts due have been paid in full.
7. Financing
For qualifying projects, the applicable financing agreement is incorporated by reference into these Terms and Conditions. In the event of a conflict regarding payment requirements, financing terms, or installation scheduling, the applicable financing agreement shall control.
Maintenance Agreement Terms (Additional Conditions)
1. System Assessments
Bluebonnet will assess enrolled systems. Assessments may not identify all issues; Bluebonnet is not liable for unidentified issues.
2. Exclusions
Maintenance does not include repairs due to misuse, neglect, acts of God, or system modifications.
3. Subscription Cancellation
Either party may cancel within 30 days of enrollment provided no maintenance visits, discounts, or other membership benefits have been used.
4. Subscription Billing
Annual and monthly payment options may be available depending on the maintenance plan selected. Monthly plans represent installment payments toward the annual membership amount. Subscriptions renew automatically unless corrected before the term ends.
5. Auto-Renewal
Subscriptions renew annually unless cancelled before the term ends. Billing method remains the same unless changed with 10 business days' notice.
6. Scheduling Maintenance
Bluebonnet will schedule visits during business hours.
7. Rescheduling & Fees
Rescheduling within 2 business days may incur a $50 fee. Missed visits count as completed.
8. Customer Responsibilities
Customer must maintain safe, accessible equipment conditions.
9. Additional Repairs
Any additional repairs require Customer approval (signature or email).
10. No Breakdown Guarantee
Only applicable to the Trusted Performance Club. This benefit is not available under the Welcome to the Family plan. If all recommended seasonal repairs are completed, Bluebonnet will waive dispatch/diagnostic fees for covered breakdowns that season. Excludes unrelated systems and damage from acts of God or improper conditions.
11. Transferability
May be transferred to a new owner with Bluebonnet's approval. Customer remains responsible until transfer is confirmed.