1. Scope of Terms and Conditions: The Terms and Conditions of any services provided by Just Air Solutions, LLC 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 Just Air Solutions, LLC (the “Company” and/or "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 Company and are referred to herein as
either "Terms and Conditions" or this "Agreement." Customer accepts these Terms and Conditions
by electronic approval (via Proposal/Estimate link provided by Company and/or email to Company official email address) of Proposal/Estimate provided to Customer by Company. These Terms and Conditions are subject to change without prior notice, and the Terms and Conditions posted on Company's Web Site (https://justairsolutions.com) at the time Customer signs the Approved Proposal ("Estimate") will govern, unless otherwise agreed in writing by Seller and Customer. All Proposals/Estimates are good for 24 hours from submission to Customer.
2. Company Obligations: Just Air Solutions, LLC is authorized to perform work as specified
in the Approved Proposal and all materials/equipment is guaranteed to be as specified. Just Air Solutions,
LLC. will NOT be responsible for any additional services, including but not limited to electrical,
plumbing, drywall cutting and patching, or painting.
3. Customer Obligations: Customer will be responsible for any necessary permits such as fire.,
electrical, etc., and customer agrees to provide clear and timely access to equipment being maintained
and/or serviced. If Customer fails to provided clear and timely access, Company may charge
additional labor costs to customer in order to cover the cost of any additional time and/or equipment
needed to gain access.
4. Payment Terms: Customer shall pay the Company according to the terms contained in the
Approved Proposal. Any additional services other than the services represented in the Approved Proposal will be billed on a time and material basis which will be authorized prior to commencement of
services. Final payment is payable upon completion and shall be due no later than seven (7) days
after the completion of the work described in the Approved Proposal. A 3.5% Convenience Fee will be added to all credit and debit card transactions. This fee will be due at the time of payment and
is non-refundable.
5. Limitation of Liability: NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, UNDER NO CIRCUMSTANCES, WHETHER ARISING IN THE CONTRACT,
EQUITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL Just Air Solutions,
LLC., ITS AGENTS, AND ITS EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST DATA, LOSS OF
OPERATING TIME OR LOSS OF, OR REDUCTION IN USE OF, ANY FACILITIES
(INCLUDING EXISTING FACILITIES) OR ANY PORTION THEREOF, INCREASED
EXPENSE OF OPERATION OR MAINTENANCE, OR EXPENSE OR REPLACEMENT
PRODUCTS RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT
OR FROM DELAYS IN OR THE INABILITY TO RENDER ANY SERVICE.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO
CIRCUMSTANCES SHALL Just Air Solutions, LLC. BE RESPONSIBLE OR LIABLE FOR ANY
LOSS, COST, OR DAMAGE ARISING FROM ANY SOURCE WHATSOEVER, INCLUDING
NEGLIGENCE, IN EXCESS OF THE PRICE PAID BY CUSTOMER FOR THE SERVICE
WHICH GIVES RISE TO THE LOSS, COST, OR DAMAGE.
6. Lien Rights: Just Air Solutions, LLC notifies Customer that persons or companies furnishing
labor or materials for the construction on Customer’s land may have lien rights on Customer’s land
and buildings if not paid.
7. Indemnification: Customer shall indemnify, defend, and hold harmless Company and its
respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and
against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations,
liabilities, judgments, fines, penalties, interest and causes of action, including without limitation
administrative and legal costs and reasonable attorney's fees, involving the following: (a) injury or
death to any person, or damage to or destruction of any property (including loss of use thereof),
except to the extent caused by the sole negligence or intentional misconduct of Seller; and (b) any
failure of the Customer to comply with the requirements of the Agreement.
8. Governing Law: This Agreement shall be construed and governed by the laws of the State
of Florida.
9. Severability: Should any part of this Agreement be adjudged to be void, unenforceable, or
contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated
hereof while the other portions remain valid and enforceable.
10. Performance. If Customer fails to perform any of Customer's obligations herein or if
Company, in good faith, believes that the prospect of payment or performance to be impaired,
Company may, upon seven (7) days written notice to Customer, terminate this Agreement while
retaining all mechanic's lien rights as well as right to payment for the full amount of work performed
plus reasonable overhead and profit, interest, attorneys' fees, and other charges due and unpaid.
11. Entire Agreement: These General Terms and Conditions, together with the Just Air
Solutions LLC., state specific addendum attached hereto, and any applicable Program Terms, shall
constitute the entire agreement of the parties and shall not be modified except by written change
order issued and signed by Just Air Solutions, LLC. No prior representations, inducements, promises,
or agreements between the parties, whether oral or written, shall be of any force or effect and any
said prior representations, inducements, promises, or agreements are hereby revoked and superseded.
No terms stated by Customer in accepting or acknowledging this offer or otherwise shall be binding
except as expressly incorporated herein by Service Experts. THIS OFFER IS EXPRESSLY
LIMITED TO ACCEPTANCE UPON THE TERMS AND CONDITIONS CONTAINED
HEREIN.
12. Governing Florida Statutes: ACCORDING TO FLORIDA’S CONSTRUCTION LIEN
LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR
PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL
HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR
PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR
CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-
SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY.
THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR
WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR
CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT
YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY
PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A
WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED
TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX,
AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.