Service Agreement – Terms and Conditions
1. Company’s Obligation
Top Air Solutions (“Company”) will perform the services listed in this agreement in a professional manner, consistent with industry standards. The Company retains sole discretion regarding methods, tools, and materials used to complete the work. Service timelines are estimates only and subject to change without notice.
2. No Guaranteed Results & Limitation of Responsibility
Customer acknowledges that services such as cleaning, installation, repair, or restoration may not fully eliminate all contaminants, odors, stains, blockages, or damage—even with the Company’s best efforts. The Company makes no guarantees, warranties, or promises as to outcomes unless explicitly stated in writing.
Customer understands that pre-existing conditions or hidden issues (e.g., damaged ductwork, moisture, pests, or blockages) may affect results. The Company is not responsible for damage resulting from hidden conditions or prior neglect. Materials used may differ slightly in color, texture, or composition from existing structures. Customer assumes responsibility for securing furniture, valuables, and fragile items prior to service.
3. Limited Warranty and Disclaimer of Liability
The Company warrants only that the services will be performed in a competent, workmanlike manner. If a defect is discovered and reported within 3 days, the Company will, at its discretion:
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Re-perform the affected portion of work, or
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Provide a partial refund for that portion.
All other warranties—express or implied—are disclaimed, including warranties of merchantability or fitness for a specific purpose.
Maximum liability is strictly limited to the amount paid under this agreement. The Company shall not be liable for indirect, incidental, consequential, or punitive damages.
4. Use of Chemicals and Customer Assumption of Risk
Some services may involve the use of chemicals, deodorizers, disinfectants, biocides, or other cleaning agents. Material Safety Data Sheets (MSDS) are available upon request.
By proceeding with service, the Customer acknowledges and accepts all risks associated with the use of such chemicals and releases Top Air Solutions from any and all liability, including but not limited to, health risks, allergic reactions, damage, or loss resulting from chemical use.
5. No Refunds or Exchanges
All sales are final. No refunds or exchanges will be issued for services, labor, goods, or parts once delivered or performed.
All deposits are non-refundable under any circumstance, including job cancellations, scope reductions, or delays caused by the Customer.
6. Customer Responsibilities & Post-Service Inspection
Customer agrees to inspect the completed work immediately upon completion and report any concerns before the technician departs. Any issues must also be submitted in writing within 3 calendar days. Failure to do so will result in the work being deemed fully accepted and satisfactory.
The Customer agrees to cooperate with the Company in all reasonable ways to ensure service completion and timely access to the property.
7. Arbitration & Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this agreement shall be resolved through binding arbitration in DuPage County, Illinois, in accordance with the rules of the American Arbitration Association.
The prevailing party shall be entitled to recover all reasonable attorney’s fees, arbitration fees, and costs.
8. Governing Law & Legal Remedies
This agreement shall be governed exclusively by the laws of the State of Illinois. All legal actions, including arbitration, must be filed in DuPage County. Customer waives the right to participate in any class action or group claims. Any attempt to bring a legal claim before exhausting the arbitration process will result in a breach of this agreement.
9. Payment Terms & Late Fees
Full payment is due immediately upon completion of service unless otherwise agreed in writing.
Late payments will accrue interest at 1.5% per month (18% annually) or the maximum amount permitted by law. Returned checks are subject to a $25 fee per occurrence.
If payment is not received within 30 days, the Company may initiate collections or legal action and Customer will be liable for all related costs and attorney fees.
10. Non-Interference and Access
Customer agrees to provide clear and safe access to all work areas. Any delays caused by lack of access, obstructions, or unsafe conditions may result in additional charges. The Company reserves the right to reschedule or cancel service if the worksite is deemed unsafe or inaccessible.
11. Entire Agreement & No Oral Modifications
This agreement contains the entire understanding between the parties. No oral statements, promises, or side agreements are valid unless made in writing and signed by an authorized representative of the Company.
This agreement may not be modified or waived except in writing.
12. Binding Effect
These terms shall bind and benefit the parties and their respective successors, assigns, legal representatives, and heirs.
SMS Terms and Conditions
1. SMS for Consent Communication
- We will not share your phone number with any third parties for marketing purposes.
2. Types of SMS Communications
- If you opt in to receive messages from Top Air Solutions, you may receive texts about Promotions, and review our business. Standard message rates may apply.
3. Message Frequency
- You may receive approximately 1 SMS message per month.
4. Carrier Charges
- Message and data rates may apply based on your mobile carrier and location.
5. Opt-In Methods
- You can opt in via the following methods: (e.g., by submitting an online form)
6. Opt-Out Instructions
- You may opt out at any time by replying STOP to any message. To resume receiving texts, reply START.
7. Help
- If you need assistance, reply HELP or contact us at support
8. Disclosures
- Message frequency may vary. Message and data rates may apply. Reply STOP to cancel. Reply HELP for assistance.
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