PROTECHNICAL SERVICES LLC
DBA ASTRONAUT COOLING AND HEATING
GENERAL TERMS AND CONDITIONS OF SERVICE
Effective Date: 06/01/2026
These General Terms and Conditions of Service (“Terms and Conditions”) govern all inspections, diagnostics, maintenance, repairs, replacements, installations, alterations, improvements, equipment replacements, service calls, and related work performed by PROTECHNICAL SERVICES LLC, DBA Astronaut Cooling and Heating, a Texas limited liability company.
By accepting service, approving a proposal, signing a service order, authorizing work, making a payment, or permitting PROTECHNICAL SERVICES LLC, DBA Astronaut Cooling and Heating to begin work, Customer agrees to be bound by these Terms and Conditions.
1. PARTIES
1.1 Company. “Company,” “Contractor,” “we,” “us,” or “our” means PROTECHNICAL SERVICES LLC, DBA Astronaut Cooling and Heating, including its owners, managers, employees, authorized technicians, agents, vendors, suppliers, and subcontractors.
1.2 Customer. “Customer,” “you,” or “your” means the person, partnership, company, corporation, property owner, tenant, authorized agent, or other party requesting, approving, purchasing, or receiving the Service.
1.3 Authorized Service Technician. “Authorized Service Technician” means any person authorized by Company to furnish labor, diagnostics, repairs, maintenance, installation, replacement, inspection, or related services. Authorized Service Technicians may include Company employees or third-party subcontractors.
2. DEFINITIONS
2.1 Equipment. “Equipment” means HVAC equipment, heating equipment, cooling equipment, air conditioning systems, heat pumps, furnaces, air handlers, evaporator coils, condensing units, mini-splits, ductwork, thermostats, zoning components, indoor air quality products, water heaters, water treatment equipment, refrigeration equipment, ventilation equipment, drain lines, pumps, controls, electrical components, and any associated equipment or materials that are the subject of the Service.
2.2 Service. “Service” means any diagnostic, inspection, maintenance, service call, repair, reconditioning, start-up, alteration, installation, replacement, correction, consultation, troubleshooting, assistance, or related work performed by Company.
2.3 Service Order. “Service Order” means any invoice, estimate, proposal, work authorization, membership agreement, online booking, written approval, electronic approval, text approval, email approval, or other agreement between Company and Customer describing the Service.
2.4 Terms and Conditions. “Terms and Conditions” means this document, together with any Service Order, proposal, invoice, estimate, addendum, disclosure, or written agreement incorporated by reference.
3. CONTRACT FORMATION AND ACCEPTANCE
3.1 Customer agrees to these Terms and Conditions by any of the following actions:
(a) signing a Service Order, proposal, estimate, invoice, authorization, or agreement;
(b) approving work verbally, electronically, by text, by email, or through an online portal;
(c) making a full or partial payment;
(d) allowing Company to begin or continue Service;
(e) accepting delivery of equipment, materials, parts, or labor; or
(f) using the Equipment after Service has been performed.
3.2 These Terms and Conditions apply to all Services unless expressly modified in a separate written agreement signed by Company.
3.3 If there is a conflict between these Terms and Conditions and a specific written Service Order, the Service Order controls only as to the specific conflicting term. All remaining Terms and Conditions remain in effect.
4. AUTHORITY TO APPROVE WORK
4.1 Customer represents that Customer is the property owner or is authorized by the property owner to request, approve, and pay for the Service.
4.2 If Customer is a tenant, property manager, agent, employee, family member, or other representative, Customer represents that Customer has authority to bind the property owner or responsible party.
4.3 Customer is responsible for payment for all Services authorized by Customer or Customer’s representative.
5. ESTIMATES, PROPOSALS, AND PRICING
5.1 Unless otherwise stated in writing, estimates and proposals are valid for seven (7) calendar days from the date issued.
5.2 Pricing may change after expiration due to changes in equipment cost, parts cost, refrigerant cost, supplier pricing, labor availability, code requirements, manufacturer availability, tariffs, freight, or other conditions outside Company’s control.
5.3 Estimates are based on visible and reasonably accessible conditions at the time of inspection. Estimates do not include concealed conditions, pre-existing defects, code violations, structural defects, electrical issues, drainage issues, ductwork issues, asbestos, mold, lead, pest damage, water damage, or additional work unless specifically listed in the Service Order.
5.4 Any additional work required due to concealed conditions, code requirements, manufacturer requirements, unsafe conditions, or Customer-requested changes will be billed as additional work unless expressly included in the original Service Order.
6. DIAGNOSTIC FEES, SERVICE CALL FEES, AND TRIP CHARGES
6.1 Diagnostic fees, service call fees, dispatch fees, and trip charges are due upon completion of the diagnostic visit or service visit.
6.2 Diagnostic fees, service call fees, dispatch fees, and trip charges are due whether or not Customer approves recommended repairs, replacements, or additional work.
6.3 Diagnostic services are intended to identify observed issues based on symptoms present at the time of inspection. Diagnostics do not guarantee discovery of every defect, intermittent failure, hidden condition, future failure, or issue outside the scope of inspection.
7. PAYMENT TERMS
7.1 Unless otherwise stated in writing, payment is due upon completion of the Service.
7.2 For installations, replacements, special-order parts, equipment orders, or larger projects, Company may require a deposit, progress payment, partial payment, or payment before ordering materials or reserving labor.
7.3 Deposits and partial payments are applied toward the total balance due.
7.4 Once equipment, materials, special-order parts, or labor scheduling commitments have been made, deposits may become non-refundable to the extent Company has incurred costs, restocking fees, supplier charges, administrative costs, or lost scheduling capacity.
7.5 Final payment is due upon substantial completion unless otherwise stated in the Service Order.
7.6 “Substantial completion” means the work is sufficiently complete for the Equipment or system to be used for its intended purpose, even if minor punch-list items, cosmetic items, warranty registration, documentation, inspection scheduling, or follow-up adjustments remain.
7.7 Customer may not withhold payment for completed work due to unrelated disputes, manufacturer delays, inspection scheduling delays, Customer-requested changes, or minor punch-list items that do not prevent use of the Equipment for its intended purpose.
7.8 Delinquent accounts accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum lawful rate, whichever is less.
7.9 Customer is responsible for all reasonable attorney’s fees, collection costs, filing fees, court costs, lien filing costs, and other costs incurred by Company in collecting unpaid amounts.
8. RETURNED PAYMENTS, FAILED PAYMENTS, AND CHARGEBACKS
8.1 Returned checks, failed ACH payments, rejected electronic payments, disputed credit card charges, or chargebacks may result in additional fees, collection costs, suspension of warranty coverage, and cancellation of future service until the account is paid in full.
8.2 Customer agrees not to initiate a chargeback or payment dispute for work that was authorized and performed. Customer agrees to first contact Company in writing and provide a reasonable opportunity to review and address the concern.
8.3 If Customer initiates an improper chargeback after Services have been performed, Customer remains responsible for the original balance, chargeback fees, administrative costs, attorney’s fees, and collection costs to the extent allowed by law.
9. SCHEDULING AND ACCESS
9.1 Scheduled appointment times are estimates and may be affected by weather, traffic, emergency calls, supplier delays, previous job delays, equipment availability, labor availability, or other conditions outside Company’s control.
9.2 Company will make reasonable efforts to arrive within scheduled windows but does not guarantee exact arrival times unless expressly stated in writing.
9.3 Customer is responsible for providing safe and reasonable access to the Equipment, electrical panels, disconnects, breaker panels, attics, crawlspaces, roofs, yards, garages, mechanical rooms, gates, locked areas, water sources, parking areas, and any other areas necessary to perform the Service.
9.4 If access is unavailable, unsafe, blocked, restricted, or delayed at the scheduled time, Company may charge additional trip fees, rescheduling fees, labor charges, or other reasonable costs.
9.5 If Services are not scheduled at purchase, Company will make up to three (3) reasonable attempts to schedule. If Customer fails to respond or refuses access after three attempts, Company’s scheduling obligations may be deemed fulfilled, and amounts paid may be retained to the extent allowed by law and to the extent Company has incurred costs or reserved capacity.
10. CUSTOMER RESPONSIBILITIES
10.1 Customer is responsible for:
(a) providing accurate contact information;
(b) providing safe access to the property and Equipment;
(c) securing pets, animals, children, and other hazards;
(d) removing personal property from work areas;
(e) disclosing known hazards, defects, code issues, prior repairs, water damage, mold, asbestos, electrical problems, or structural concerns;
(f) maintaining Equipment after Service is performed;
(g) replacing filters regularly;
(h) keeping drain lines, pans, and condensate components maintained;
(i) keeping outdoor units clear of debris, vegetation, animals, and obstructions;
(j) maintaining proper ventilation and clearance around Equipment; and
(k) paying for authorized Services in accordance with the Service Order and these Terms and Conditions.
10.2 Customer is responsible for damage, delays, or additional costs caused by inaccurate information, lack of access, unsafe conditions, failure to maintain Equipment, or failure to disclose relevant conditions.
11. UNSAFE, HAZARDOUS, OR UNSANITARY CONDITIONS
11.1 Company reserves the right to refuse, stop, pause, or reschedule work if unsafe, hazardous, unsanitary, or inaccessible conditions exist.
11.2 Unsafe or hazardous conditions may include, but are not limited to:
(a) unsafe electrical conditions;
(b) structural hazards;
(c) extreme attic temperatures;
(d) unsafe ladders, platforms, or roof access;
(e) aggressive animals;
(f) biological hazards;
(g) sewage, mold, asbestos, lead, or chemical hazards;
(h) pest infestation;
(i) standing water;
(j) dangerous neighborhood or property conditions;
(k) blocked access; or
(l) any condition that creates unreasonable risk to personnel.
11.3 Customer is responsible for correcting unsafe conditions before work proceeds. Additional trip charges, labor charges, or rescheduling fees may apply.
12. EXISTING CONDITIONS AND CONCEALED CONDITIONS
12.1 Company is not responsible for pre-existing defects, concealed conditions, improper prior installation, code violations, inadequate electrical service, inadequate ductwork, improper drainage, structural defects, water damage, pest damage, corrosion, contamination, improper maintenance, or other conditions not caused by Company.
12.2 Company is not responsible for discovering every pre-existing, concealed, intermittent, or latent condition.
12.3 If concealed or pre-existing conditions are discovered, additional work may be required at Customer’s expense.
12.4 Repairing, replacing, or servicing one component does not make Company responsible for the condition, performance, life expectancy, safety, or reliability of the entire system.
13. CODE COMPLIANCE, PERMITS, AND INSPECTIONS
13.1 Permits and inspections are included only if expressly stated in the Service Order.
13.2 Code upgrades, electrical corrections, structural modifications, drain corrections, duct modifications, platform modifications, access corrections, gas line modifications, venting corrections, asbestos remediation, lead remediation, mold remediation, or other work required by an inspector, manufacturer, utility provider, municipality, or authority having jurisdiction are not included unless specifically listed in the Service Order.
13.3 Customer is responsible for additional costs associated with required code upgrades, inspection corrections, or authority-required modifications unless expressly included in the Service Order.
13.4 Company is not responsible for delays caused by permitting offices, inspectors, utilities, manufacturers, suppliers, municipalities, or other third parties.
14. COOL SPACE CLUB MEMBERSHIP
14.1 The Cool Space Club Membership is an annual subscription membership.
14.2 Unless otherwise stated in writing, membership includes:
(a) two (2) HVAC preventative maintenance inspections per year;
(b) five percent (5%) discount on qualifying repairs, services, and air purification products; and
(c) priority service scheduling when reasonably available.
14.3 Membership inspections do not roll over to subsequent years.
14.4 Scheduling of maintenance inspections is the responsibility of Customer.
14.5 Membership does not include repairs, refrigerant, filters, parts, drain clearing, emergency service, after-hours service, water heater flushing, duct cleaning, deep cleaning, or other work unless expressly stated in writing.
14.6 Membership discounts may not be combined with other discounts, coupons, promotions, warranty labor, special pricing, or negotiated pricing unless approved by Company in writing.
14.7 Membership is not insurance and does not guarantee uninterrupted operation, prevent all breakdowns, or extend manufacturer warranty coverage.
15. WARRANTIES
15.1 Company provides limited warranty coverage as stated in this Section unless a different written warranty is provided in the Service Order.
15.2 Service Warranty. Services such as repairs, maintenance, adjustments, and non-installation labor are covered by a limited ninety (90) day service warranty from the date of completion.
15.3 Workmanship Warranty. Installation of Equipment is covered by a limited one (1) year workmanship warranty from the date of installation. This warranty applies only to workmanship performed by Company and only to the extent the work was not performed in a professional and workmanlike manner according to applicable HVAC industry standards.
15.4 Warranty Conditions. Warranty coverage applies only if:
(a) the Equipment is maintained annually by Company or another Company-authorized service technician;
(b) all recommended repairs necessary for safe and proper operation are performed;
(c) the Equipment is used in a normal and proper manner;
(d) Customer provides reasonable access for inspection and warranty service;
(e) Customer has paid all amounts due in full; and
(f) no unauthorized person has altered, modified, repaired, relocated, tampered with, or serviced the Equipment or Company’s work.
15.5 Warranty Exclusions. Company warranties do not cover:
(a) manufacturer defects;
(b) OEM parts or equipment warranties;
(c) damage caused by improper maintenance;
(d) clogged filters;
(e) clogged drain lines;
(f) water damage;
(g) refrigerant leaks unless specifically repaired and warrantied in writing;
(h) electrical surges;
(i) lightning;
(j) fire;
(k) flood;
(l) freezing;
(m) storms or acts of nature;
(n) pest, animal, insect, or rodent damage;
(o) vandalism;
(p) abuse, misuse, or neglect;
(q) corrosion, oxidation, contamination, scaling, or chemical damage;
(r) alterations or repairs by unauthorized persons;
(s) pre-existing defects or code violations;
(t) ductwork, thermostats, accessories, or add-on components unless expressly included;
(u) cosmetic issues that do not affect operation;
(v) failure caused by improper installation or work performed by others;
(w) normal wear and tear; or
(x) conditions outside the scope of Company’s work.
15.6 Manufacturer Warranties. OEM manufacturer warranties apply to installed Equipment and parts when available. Company may assist Customer with manufacturer warranty claims as a courtesy, but Company does not control manufacturer decisions, manufacturer coverage, part availability, registration requirements, labor coverage, shipping, warranty processing, or warranty timelines.
15.7 Warranty Registration. Manufacturer warranty registration may be completed by Company as a courtesy when applicable, but Customer remains responsible for reviewing manufacturer warranty terms, maintaining records, and complying with manufacturer requirements.
15.8 Exclusive Remedy. Customer’s sole remedy under Company’s limited warranty is correction of defective Company workmanship or covered service labor, at Company’s discretion. These warranties replace all other remedies, guarantees, or implied warranties to the fullest extent allowed by law, including implied warranties of merchantability and fitness for a particular purpose.
16. REPAIRS TO OLDER OR FAILING SYSTEMS
16.1 Customer acknowledges that HVAC, refrigeration, heating, cooling, water heating, and related systems may have multiple defects, intermittent failures, hidden issues, or age-related deterioration.
16.2 Repairing or replacing one component does not guarantee overall system performance, efficiency, safety, remaining equipment life, or future reliability.
16.3 Older, poorly maintained, improperly installed, or failing systems may experience additional failures after Service is performed.
16.4 Company is not responsible for additional failures unrelated to the specific Service performed.
17. REFRIGERANT, LEAKS, AND SYSTEM CHARGING
17.1 Adding refrigerant does not guarantee that a system is leak-free.
17.2 Unless a leak search and leak repair are specifically included in the Service Order, refrigerant added to a leaking system is not warrantied, and future refrigerant loss is Customer’s responsibility.
17.3 Refrigerant charges are based on refrigerant added at the time of Service and are not refundable due to later leaks, future system failure, or Customer’s decision to replace Equipment.
17.4 Company is not responsible for refrigerant leaks caused by pre-existing conditions, corrosion, vibration, manufacturer defects, improper prior installation, inaccessible components, or work performed by others.
18. CONDENSATE, DRAIN LINES, AND WATER DAMAGE
18.1 Customer acknowledges that HVAC systems produce condensation and that drain lines, drain pans, condensate pumps, float switches, safety switches, and related components require regular maintenance.
18.2 Company is not responsible for water damage caused by clogged drains, failed drain components, failed condensate pumps, improper maintenance, algae growth, debris, pre-existing drainage issues, attic installation risks, secondary drain issues, or conditions outside the scope of Service performed.
18.3 Drain clearing, drain treatment, pan treatment, condensate pump replacement, float switch installation, and related work are included only if specifically listed in the Service Order.
18.4 Customer is responsible for monitoring drain performance after Service and promptly reporting any signs of water, overflow, ceiling staining, dripping, or system shutdown.
19. EXCLUSIONS FROM SERVICE
Unless expressly included in the Service Order, Services do not include:
(a) additional equipment added after installation;
(b) alterations or repairs performed by unauthorized persons;
(c) failures due to negligence, improper maintenance, vandalism, fire, flood, freezing, acts of nature, or events beyond Company’s control;
(d) consumables, including nitrogen, solder, filters, lubricants, batteries, cleaners, and similar items;
(e) damage caused by animals, insects, pests, rodents, or vegetation;
(f) routine maintenance tasks not expressly included;
(g) topping off refrigerant unless specifically approved and billed;
(h) water heater flushing unless specifically approved and billed;
(i) duct cleaning unless specifically approved and billed;
(j) failures caused by contamination, corrosion, oxidation, scaling, chemicals, or poor water quality;
(k) refrigerant conversions due to government regulation;
(l) thermostats unless expressly included;
(m) indoor air quality products unless expressly included;
(n) electrical upgrades or corrections unless expressly included;
(o) code upgrades unless expressly included;
(p) permits unless expressly included;
(q) inspection corrections unless expressly included;
(r) drywall, painting, carpentry, roofing, masonry, flooring, or cosmetic repairs unless expressly included; and
(s) any work not specifically described in the Service Order.
20. THIRD-PARTY SUBCONTRACTORS
20.1 Company may use qualified subcontractors, vendors, suppliers, or third-party service providers to perform portions of the Service.
20.2 Subcontractors authorized by Company are considered Authorized Service Technicians for purposes of these Terms and Conditions.
20.3 Customer may not separately hire, direct, interfere with, or modify the work of Company’s subcontractors while they are performing work under Company’s Service Order.
21. CUSTOMER-SUPPLIED EQUIPMENT OR PARTS
21.1 Company is not required to install Customer-supplied equipment, parts, thermostats, components, or materials.
21.2 If Company agrees to install Customer-supplied equipment or parts, Company does not warrant the equipment, part, compatibility, performance, manufacturer warranty, fitment, condition, or suitability of Customer-supplied items.
21.3 Labor on Customer-supplied equipment or parts may be excluded from warranty unless otherwise stated in writing.
22. PHOTOS, VIDEO, AND DOCUMENTATION
22.1 Customer authorizes Company to take photos and videos of Equipment, work areas, installations, defects, completed work, serial numbers, model numbers, property conditions, and related items for documentation, quality control, warranty, training, insurance, collection, dispute resolution, and business purposes.
22.2 Company will not intentionally disclose private personal information without consent.
22.3 Company may use non-private photos or videos of Equipment, installations, repairs, or completed work for training, marketing, documentation, or business purposes, provided Company does not intentionally disclose private personal information.
23. COMMUNICATIONS
23.1 Customer consents to receive appointment confirmations, scheduling updates, estimates, invoices, receipts, maintenance reminders, warranty communications, payment reminders, service updates, and other service-related communications by phone, text message, email, customer portal, or other reasonable communication methods.
23.2 Customer is responsible for providing accurate contact information and promptly notifying Company of any changes.
24. LIMITATION OF LIABILITY
24.1 To the fullest extent allowed by law, Company, its owners, managers, employees, agents, subcontractors, affiliates, and suppliers shall not be liable for special, indirect, incidental, punitive, exemplary, or consequential damages.
24.2 Excluded damages include, but are not limited to, lost profits, lost revenue, lost data, lost use, inconvenience, downtime, business interruption, spoiled food, temporary lodging, increased utility costs, lost rent, lost business opportunities, emotional distress, or other consequential damages.
24.3 To the fullest extent allowed by law, Company’s total liability for any claim arising out of or related to the Service shall not exceed the amount paid by Customer to Company for the specific Service giving rise to the claim.
25. ASSUMPTION OF RISK
25.1 Customer acknowledges that HVAC, heating, cooling, refrigeration, water heating, combustion, gas, electrical, and mechanical systems involve inherent risks.
25.2 Risks may include, but are not limited to, carbon monoxide exposure, gas leaks, electrical hazards, fire, water damage, refrigerant exposure, sharp metal, high voltage, moving parts, ventilation issues, and equipment failure.
25.3 Customer is responsible for keeping Equipment unobstructed, properly maintained, safely ventilated, and operated according to manufacturer instructions.
25.4 Customer should maintain working smoke detectors and carbon monoxide detectors where appropriate.
26. LIEN RIGHTS
26.1 Under Texas law, parties providing labor, materials, equipment, or improvements to real property may have lien rights on the Customer’s property if they are not paid.
26.2 Customer agrees that Company may exercise any lien rights, collection rights, or legal remedies available under applicable law for unpaid amounts.
27. CANCELLATION BY CUSTOMER
27.1 Customer may cancel a Service Order only in accordance with the terms of the Service Order and applicable law.
27.2 If Customer cancels before Company has incurred any costs, ordered materials, ordered equipment, reserved labor, dispatched personnel, obtained permits, or performed work, Company may refund any unused payment amounts received.
27.3 If Customer cancels after Company has ordered equipment, ordered parts, reserved labor, dispatched personnel, obtained permits, performed diagnostic work, performed labor, or otherwise incurred expenses, Customer is responsible for all costs incurred by Company.
27.4 Customer is responsible for restocking fees, supplier charges, permit costs, administrative costs, labor charges, dispatch charges, cancellation costs, and any other reasonable expenses incurred by Company before cancellation.
27.5 Special-order equipment, special-order parts, custom materials, installed materials, opened materials, and completed labor are non-refundable to the extent allowed by law.
27.6 Deposits and partial payments may be retained to cover Company’s incurred costs, reserved labor, ordered materials, equipment, restocking fees, administrative costs, and lost scheduling capacity.
28. CANCELLATION BY COMPANY
28.1 Company may cancel, pause, or reschedule a Service Order if unsafe conditions exist, Customer fails to provide access, Customer fails to make required payments, required materials or equipment become unavailable, Customer requests work outside Company’s scope, or conditions arise that make performance impractical, unsafe, or commercially unreasonable.
28.2 If Company cancels a Service Order before performing work or incurring costs, Company will refund unused amounts paid by Customer.
28.3 If Company cancels after performing work or incurring costs, Company may retain payment for work performed, materials ordered, equipment ordered, administrative costs, permit costs, restocking fees, and other costs incurred.
29. TEXAS RESIDENTIAL CONSTRUCTION LIABILITY ACT NOTICE
29.1 To the extent applicable, this contract is subject to Chapter 27 of the Texas Property Code, governing certain residential construction defect claims.
29.2 If Customer has a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by agreement, Customer may be required to provide written notice to Company by certified mail, return receipt requested, before filing suit or initiating arbitration.
29.3 The notice should refer to Chapter 27 of the Texas Property Code and describe the alleged construction defect in reasonable detail.
29.4 Customer should consult applicable law or legal counsel regarding rights and obligations under Chapter 27 of the Texas Property Code.
30. CONSTRUCTION ACCOUNT NOTICE FOR CERTAIN PROJECTS
30.1 For certain residential construction projects exceeding amounts specified by Texas law, contractors may be required to deposit payments into a construction account.
30.2 Customer may request written verification where applicable.
30.3 Customer should obtain and retain a written agreement covering scope of work, timeline, cost, and payment terms.
31. DISPUTE RESOLUTION
31.1 Customer agrees to provide Company written notice of any concern, defect, dispute, or warranty claim and to allow Company a reasonable opportunity to inspect and address the issue before Customer hires another contractor, initiates a chargeback, files suit, or takes other action.
31.2 Customer’s failure to provide Company a reasonable opportunity to inspect and correct an alleged issue may limit or void warranty coverage to the extent allowed by law.
31.3 Nothing in this section limits any rights or procedures required by applicable law.
32. GOVERNING LAW AND VENUE
32.1 These Terms and Conditions shall be governed by and interpreted according to the laws of the State of Texas.
32.2 Venue for any dispute shall be in a court of competent jurisdiction in the county where the Service was performed or where Company maintains its principal place of business, unless otherwise required by law.
33. FORCE MAJEURE
33.1 Company is not responsible for delay, failure, or inability to perform caused by events outside Company’s reasonable control.
33.2 Such events may include, but are not limited to, weather, storms, natural disasters, extreme temperatures, power outages, utility delays, labor shortages, supplier delays, equipment shortages, manufacturer delays, transportation delays, permitting delays, inspection delays, illness, accidents, government action, war, civil unrest, or other circumstances beyond Company’s control.
34. SEVERABILITY
34.1 If any provision of these Terms and Conditions is found invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
34.2 The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, if permitted by law.
35. WAIVER
35.1 Failure by Company to enforce any provision of these Terms and Conditions does not waive Company’s right to enforce that provision or any other provision in the future.
35.2 Any waiver must be in writing and signed by Company.
36. ASSIGNMENT
36.1 Customer may not assign rights or obligations under the Service Order without Company’s written consent.
36.2 Company may assign, subcontract, or transfer its rights and obligations as necessary to perform or administer the Service.
37. ENTIRE AGREEMENT
37.1 These Terms and Conditions, together with the applicable Service Order, invoice, estimate, proposal, membership agreement, addenda, and written modifications, constitute the entire agreement between the parties.
37.2 These Terms and Conditions supersede all prior oral or written agreements, discussions, representations, or understandings concerning the Service.
37.3 No salesperson, technician, employee, subcontractor, or representative may modify these Terms and Conditions unless the modification is in writing and approved by Company.
38. CUSTOMER ACKNOWLEDGMENT
By approving the Service, signing a Service Order, making payment, or permitting Company to begin work, Customer acknowledges that Customer has read, understands, and agrees to these Terms and Conditions.