TERMS AND CONDITIONS
Effective Date: January 28, 2025
Last Updated: January 28, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") govern your use of services provided by Ken Gatschenberger Cooling and Heating ("we," "us," "our," or "Company"). By scheduling an appointment, using our website, or engaging our services, you ("Customer," "you," or "your") agree to be bound by these Terms.
If you do not agree with these Terms, please do not use our services.
2. Services Provided
Ken Gatschenberger Cooling and Heating provides residential and commercial HVAC services, including but not limited to:
Heating and air conditioning installation
System repairs and maintenance
Equipment replacement and upgrades
Emergency HVAC services
Indoor air quality solutions
Preventative maintenance programs
All services are subject to availability and scheduling.
3. Service Area
We serve customers in Sarasota, Bradenton, Lakewood Ranch, and surrounding areas in Florida. Service availability outside these areas is at our discretion.
4. Appointments and Scheduling
4.1 Scheduling
Appointments can be scheduled by phone, email, text message, or through our website. Appointment times are estimates and may be subject to change due to unforeseen circumstances.
4.2 Cancellations and Rescheduling
Customers must provide at least 24 hours' notice for cancellations or rescheduling
Cancellations with less than 24 hours' notice may be subject to a cancellation fee
We reserve the right to reschedule appointments due to emergencies, weather, or other circumstances beyond our control
4.3 Access to Property
Customers must provide clear access to HVAC equipment and work areas. If access is not available at the scheduled time, a trip charge may apply.
5. Pricing and Payment
5.1 Estimates and Quotes
Estimates are provided free of charge for most services
Written quotes are valid for 30 days unless otherwise stated
Final pricing may vary based on actual work required and any unforeseen issues discovered during service
5.2 Payment Terms
Payment is due upon completion of services unless otherwise agreed in writing
We accept cash, checks, credit cards, and electronic payments
A service call fee or diagnostic fee may apply and will be disclosed prior to service
For larger projects, a deposit may be required before work begins
5.3 Late Payments
Accounts not paid within 30 days of invoice date may be subject to:
Late fees of 1.5% per month (or the maximum allowed by Florida law)
Collection actions
Suspension of warranty coverage
6. Warranties and Guarantees
6.1 Workmanship Warranty
We stand behind all work performed. Our workmanship is guaranteed for 1 year from the date of service, covering defects in labor and installation.
6.2 Equipment Warranties
New equipment installations include manufacturer warranties
Warranty terms vary by manufacturer and equipment type
Warranty details will be provided at time of installation
We are not responsible for manufacturer defects but will assist with warranty claims
6.3 Warranty Exclusions
Warranties do not cover:
Damage caused by misuse, neglect, or unauthorized repairs
Normal wear and tear
Issues resulting from improper maintenance
Damage from natural disasters, power surges, or environmental factors
Work performed by other contractors
7. Limitations of Liability
7.1 General Limitations
To the maximum extent permitted by Florida law:
Our total liability for any claim shall not exceed the amount paid for the specific service in question
We are not liable for indirect, incidental, consequential, or punitive damages
We are not responsible for pre-existing conditions not disclosed by the customer
7.2 Property Damage
While we take all reasonable precautions, we are not liable for:
Damage to property caused by hidden defects or pre-existing conditions
Damage resulting from customer's failure to maintain equipment
Damage from events beyond our reasonable control
7.3 Third-Party Actions
We are not responsible for actions or omissions of third-party contractors, manufacturers, or suppliers.
8. Customer Responsibilities
As a customer, you agree to:
✅ Provide accurate information about your HVAC system and any known issues
✅ Ensure safe access to work areas
✅ Disclose any hazardous conditions (asbestos, mold, etc.)
✅ Keep pets secured during service visits
✅ Follow all maintenance recommendations provided
✅ Pay for services in accordance with these Terms
✅ Notify us immediately of any issues following service
9. Emergency Services
9.1 Availability
Emergency services may be available outside normal business hours. Emergency service rates apply and will be disclosed at time of scheduling.
9.2 Response Time
While we make every effort to respond promptly to emergencies, response times are not guaranteed and may vary based on:
Weather conditions
Service demand
Technician availability
Geographic location
10. Permits and Compliance
10.1 Building Permits
When required, we will obtain necessary permits for HVAC work. Permit costs will be included in the estimate or invoice.
10.2 Code Compliance
All work is performed in accordance with applicable Florida building codes and industry standards.
10.3 Inspections
Required inspections will be scheduled and coordinated. Customer may be required to be present for inspections.
11. Intellectual Property
All content on our website, marketing materials, and documents, including text, graphics, logos, and images, are the property of Ken Gatschenberger Cooling and Heating and are protected by copyright and trademark laws.
You may not reproduce, distribute, or use our intellectual property without written permission.
12. Privacy and Data Collection
Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and protect your personal information.
By using our services, you consent to the collection and use of information as described in our Privacy Policy.
13. Communication and Marketing
13.1 Service Communications
By providing your contact information, you consent to receive:
Appointment confirmations and reminders
Service updates and follow-ups
Invoices and payment notifications
13.2 Marketing Communications
You may opt-in to receive promotional offers and marketing messages. You can opt-out at any time by:
Replying STOP to text messages
Clicking "Unsubscribe" in emails
Contacting us directly
14. Dispute Resolution
14.1 Informal Resolution
If you have a complaint or dispute, please contact us first. We will make reasonable efforts to resolve the issue promptly and fairly.
14.2 Governing Law
These Terms are governed by the laws of the State of Florida. Any disputes shall be resolved in the courts of Sarasota County, Florida.
14.3 Arbitration (Optional)
[If applicable] Any disputes may be subject to binding arbitration in accordance with the rules of the American Arbitration Association.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Ken Gatschenberger Cooling and Heating regarding the use of our services.
17. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated "Last Updated" date. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.
18. Contact Information
If you have questions or concerns about these Terms and Conditions, please contact us:
Ken Gatschenberger Cooling and Heating
Address: 3535 Whitfield Ave, Sarasota FL 34243
Email: [email protected]
Phone: 941-379-4480
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
END OF TERMS AND CONDITIONS