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Terms and Condtions of using houston-ac.com and/or using Shane's and it is a self executing contract upon action by one or both parties.

SHANE'S

Terms and Conditions 

All labor warranted specifically to be free from defect in Shane's workmanship for Thirty (30) days unless otherwise specified in wrighting. In no case is there any warranty, expressed or implyed, on mold, freon, and/or water leaks.  

NO REFUNDS; NO EXCHANGES.

These terms and conditions may change from time to time and you accept the changes without notice.

Your action would be you or your agent contacting Shane's to have Shane's come out to your locatio or purchase, trade, buy and/or barter with or from Shane's.  Shane's action would be going out to your location at your or your agent's request or selling, trading, and/or bartering with you or your agent.

Signors to any work orders, invoices, and/or other documents agree that by your signature you indicate that they have authority to order the work as outlined above. It is agreed that the seller will retain title to any equipment or material that may be furnished until final payment is made, and if settlement is not made as agreed the seller, Shane's its directors, officers, employees, agents, successors and assigns and/or ect. (herein after know as any of the following: Shane's, Seller, and/or Contractor), will be held harmless for any damages from the removal thereof. 

The customer allows Seller to place liens, not limited to UCC1 and mechanics liens, on ALL properties and/or Chattell owned by the owner of the property where work was performed by Shane's, and all properties and/or Chattell owned by the agent of the owner of the property where work was performed by Shane's, to secure the debt to Contractor without any further permissions.

This is a private self-executing contract between the ones listed on any invoice, work order and/or bill as “Customer” or the one who owns the property where work was done (hereinafter known as “Customer”) and Shane Hawkins (hereinafter known as “Seller”).  All parties to the contract (hereinafter known as “They”) agree that this contract is not subject to any third party interference/intervention unless stated in writing in this contract. They agree that the entire invoice is due upon presentment and/or demand for payment.  They agree that any payment not received by Seller on the day, hour and minute of presentment and/or demand to pay  (hereinafter know as presentment) is subject to a fee of a miminum of Four Hundred Dollars ($400) plus additional fees of Thirty Eight Percent (38%) compounded daily until all debt is paid in full to Shane's or whoever or whatever Shane's assigns, sells, or gives the debt to.  They additionally agree to all the following:  That Customer agrees, in order to secure and guarantee payment to Seller for all debts, that this contract constitutes a mortgage on the real estate where the work was performed  and in addition to the mortgage the Customer agrees to allows Seller to place, without any further permissions or limitations, liens on any and all chattel, property, and/or real estate owned by Customer to secure all debt(s) to seller, including, but not limited to UCC-1 and/or maritime liens, on any and all chattel, property, and/or real estate owned by Customer to secure all debt(s) to seller.  Customer allows Seller to retain title to equipment/materials furnished or installed until final payment is made; If payment is not made to Seller, as agreed; Seller can, at Seller’s option and Customer’s expense, remove said equipment/materials and sell or scrap them to cover part of the debt owed.  Customer understands that the removed equipment is now second hand and used equipment and thus is not worth near what it was before it was installed and debt on the equipment is still owed.  Removal of Seller's property does not remove all debt thath Customer owes to Seller.  Seller's decission to remove or not remove Seller's property from Customer upon Customer's default on payment does not Customer's obligations to pay Seller.  If payments are not made as agreed, Customer here and now grants/gives Seller permission to go onto/into Customer’s chattel, property, and/or real estate at any time and remove Seller’s property at any time without further permissions.  If customer refuses to allow Seller to remove Seller's equipment that Customer defaulted on payment, then customer agrees to pay an additional Five Thousand Dollars ($5,000) to Seller for Seller's troubles.  If Customer violates this contract and contacts the authorities in an attempt to prevent Seller from claiming, using, exorting Seller's rights under this contract, then Customer agrees to pay Seller an additional Twenty Thousand Dollars ($20,000) for Seller's troubles.  Customer agrees not to hold Seller liable for any damages caused by the removal of Sellers property from Customer’s chattel, property, and/or real estate and Customer agrees to pay Seller for removal of Seller’s property as well as the original debt that was not paid as agreed with items removed having one tenth (1/10) of the value as when installed by Seller minus the amount the now used and second hand equipment can be sold or scraped for, if any.   Customer agrees that Seller may, at Seller's discretion, Sell, Rent, Lease, or otherwise convey Seller's rights to collect the debt owed to Seller to a third party.  If Seller chooses to get a third party involved for purposes of debt collection then Customer agrees to pay any and all cost of said collections plus a collection fee of not less than $4,000.00.  All monies given to Seller are considered earnest money.  No refunds, no exchanges are given.  If an order for work to begin is canceled before work begins, Customer agrees to pay a cancelation fee of  Four Hundred Dollars and Thirty percent (30%).  If an order for work to begin is canceled after any work begins on the project, not necesarily physical work at the job address but any work which includes but is not limited to the planing, staging, figuring, ordering, and or etc. for the physical work to begin, the Customer agrees to pay the time and materials price, and not the discounted quoted price, for the work completed on top of and in addition to the cancelation fee of Four Hundred Dollars and Thirty percent (30%). 

If additional repairs or work become necessary due to other/hidden/defective parts and/or other problems that were not forseen by Contractor; those charges will be billed separately under the same terms & conditions of the first work and or contract.  Customer understands and agrees that this private contract supersedes any previous contract customer may have with any other party, including but not limited to credit card companies, mortgage lenders, and/or banks. Customer agrees with and acknowledge that a verbal statement by Shane's associates, employees, contractors and/or ect. of work being complete means that all work performed under this private contract has been satisfactorily completed to Customer’s expectations and desires that were expressed to Seller at the time the contract between Shane's and Customer was made. Customer understands that payment is due upon presentment to Customer and Customer agree to pay upon presentment.  If Customer hides from Shane's or does not make Customer's person available to recieve presentment, avoids phone calls, and/or etc. and/or in any way trys to avoid presentment or fails to pay upon presentment; Customer agree to pay any penalties and/or fees billed to Customer by Seller for Customer’s default, bad faith, fraud and troubles given to Seller.

3 Year Warranty on Repairs (3YR) applies only when paid for and noted on frontside of this contract and only after all diagnosed “wrong” items and tech recommendations are repaired/replaced/done/performed by Seller and paid for as agreed by Customer.  Seller’s 3YWR covers only the part and labor to change-out said part to/of the failed repair.  Equipment, other than components of equipment (Condensing units, or furnaces are examples of equipment, the individual parts inside equipment are components of that equipment and are a part of equipment but for this sentence is not considered equipment) are not covered by the 3-year warranty on repairs.  Call out fee, service call, diagnosis, travel, and/or other fees are not covered under the 3 year warranty on repairs and Customer agrees to pay for non coverd charges upon presentment and/or demand to pay.

Seller warrants that all materials, parts, and equipment are warranted by the manufactures’ written warranty only. Labor on workmanship is warranted for Thirty (30) days unless specifically and otherwise written on contract. No labor to replace any part is provided if manufacture's part fails except where the manufacture of failed part warranties the labor to be paid directly to us at the time so service to replace faulty parts.  No warranty, express or implied, is given on mold, mildew, electronic parts, cleaning, drain lines or Freon. We do not, of course, guarantee labor on parts other than those we install. and only on the workmanship of the install itself and not the part or labor to replace faulty parts.  All warranties are void if regular maintenance is not performed on equipment by Seller at Customer’s expense or if Seller believes anyone except SELLER touched the equipment.  Seller makes no other warranties, express or implied, and its agents or technicians are not authorized to make any such warranties on behalf of Seller.  Seller's obligation for defective products and/or workmanship or any damage caused thereby, and Buyer's exclusive remedy, shall be limited, at Seller's option, to the replacement of any defective parts as per part's manufacture's warranty or rework of workmanship or the refund of amounts paid by Customer for said service and shall be conditioned upon seller receiving actual written notice via USPS certified mail to Seller’s address of said defect within the warranty period timeframes noted herein.  Warranty, or lack of, does not cover nor releases Customer from having to pay any debt, service call, diagnosis fees, travel fees, and or any other fee to Seller for each call for warranty from Customer.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM SELLER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SELLER SHALL NOT BE SUBJECT TO AND DISCLAIMS (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY; (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER AND ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

Any legal action Relating to this Agreement, or breech thereof, shall be commenced within Three (3) Months from the date of the beginning of work. Customer shall be deemed to have accepted all delivered goods, which he has not rejected within one (1) day of receipt.

Any alterations, additions, adjustments, or repairs made by others, unless authorized or agreed upon by this Seller, in writing, will be cause to terminate Seller’s obligation under the contract and does not release Customer of Customer's obligations under the contract.

It is agreed that no prior course of dealing or usage of trade not expressly set forth in this contract shall be admissible to explain, modify, or contradict this contract in any way.

     Customer agrees to all Terms and Conditions, by their or their agent's signature on contract or by paying the debt when presented, to be held liable to any and all changes to the terms and conditions of this contract that are made without notice to Customer and that all work has been completed in a satisfactory manner.  Said changes and additional terms and conditions may/can be found online at www.houston-ac.com/terms_and_conditions.html.  

    Customer considers the work  requested to be done by Shane's to be an emergency and Customer waves their 3 day right to cancel and all other rights under any legislated law and/or statue; including but not limited to: Texas Property Code and/or Texas Civil Practice and Remedy Code. By signature on reverse side or paying for service; Customer acknowledges this is a private contract and that Customer is in receipt of a copy of this private contract.

Contractor will not be held liable for any loss, delay, injury, or damage that are caused by improper use, negligent acts, or circumstances beyond our reasonable control including but not restricted to natural disasters, war, terrorism, civil commotion, acts of government, fire, theft, corrosion, floods, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, code violations or insurance company requirements, delays in transportation, extreme weather conditions, shortage of vehicles, fuel, labor, or materials, or malicious mischief. And, in no event, whether as a result of breach of contract, or otherwise, will Contractor be held liable for any loss, delay, injury, or damage that are caused by improper use, negligent acts, or circumstances beyond our reasonable control including but not restricted to natural disasters, war, terrorism, civil commotion, acts of government, fire, theft, corrosion, floods, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, code violations or insurance company requirements, delays in transportation, extreme weather conditions, shortage of vehicles, fuel, labor, or materials, or malicious mischief. And, in no event, whether as a result of breach of contract, or otherwise, will Contractor be liable for consequential, speculative, penal or incidental damages, including, but not limited to loss of profit or revenues, loss of use of any products, machinery, equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, or claims of Buyer’s customer for such damages. Also, it is agreed that any changes, adjustments, additions to repairs made by others, unless authorized by Contractor will release and terminate all obligations of Contractor and the customer will be responsible for payment of materials and any work or services rendered by Contractor.

It is agreed that Contractor will not be financially responsible to complete safety tests, install new devices or make modifications to any equipment to comply with recommendations or directives of insurance companies, governmental agencies, or for other reasons. Neither shall Contractor be required to make replacements or repairs necessitated by reason of any other cause beyond its control except ordinary wear and tear.  Customer agrees to pay for all additional work required by governing agencies and law that are outside of the agreed upon work; all such work falls under the original signed agreement and will be billed on a new line.

Highlights:

1. Customer acknowledges that it has authorized Shane's and its agents, employees and subcontractors to enter upon the Property to carry out the work performed or to be performed under the Work Order, Invoice or other request.

2. Customer shall ensure that Contractor has clear and safe access to the Property and the work area to carry out the Work.

3. If it is necessary to cut or otherwise alter, outside of normal industry practices, any existing structures on the Property of the Customer, including surfaces, walls, ceilings, floors or fixtures, Contractor will obtain Customer's erbal approval before the Work is carried out, except in an emergency. Determination of existence of an emergency shall be made solely by Contractor, in which case Contractor may undertake such Work without obtaining Customer's prior approval and Customer agrees to pay Seller for work performed under said emergency. 

4. Contractor is not responsible for repairing any damage or reimbursing Customer for the cost of repairing any damage arising from any such emergency work referred to in the preceding or previous paragraphs.   In the event that Customer desires Contractor to fix any alterations made in an emergency or at any other time, Customer shall pay Contractor for any work performed or materials provided in addition to the Work contracted for.

5. Contractor is not responsible for damage to any ceiling, walls, floors, piping, vent(s), fittings, valves, motors, pumps and or etc., which may arise as a direct and or indirect result of the Work performed by Contractor and or hereunder.

6. Contractor is not responsible for correction of existing code violations unless it expressly agrees in writing to perform such work after receiving prior approval from and paid for by Customer. Any code violation discovered by Contractor will be reported to Customer and, upon request, priced to correct under separate cover under same terms and conditions. Contractor shall have no liability to any person for reporting or for failing to report any code violation to Customer or any one or thing else.  If Customer chooses not to pay Contractor to correct any existing code violations; and that decision interferes with the work authorized by customer, causing Contractor to have to stop work until Customer has code violations fixed; Customer is responsible to Contractor for delay of work charges and fees of no less than Three Hundred Dollars ($300) per day that the work/job is delayed.   In addition, Customer agrees to immediately pay Contractor for work performed up until the point of delay.

7. Contractor is not responsible for problems arising from, and owner hereby expressly agrees to hold Contractor harmless from any damage to persons or property arising from or on account of any exacerbation of any pre-existing conditions affecting or affected by the work performed herein, including, but not limited to, Contractor's contact with or disturbance of building or other materials containing asbestos, lead, PCB's, mold , bad/weak wood, or other hazardous conditions, unless the existence of hazardous conditions was expressly brought to the attention of Contractor prior to commencement of the Work in writing.

8. Title to goods and materials provided to Customer hereunder passes to Customer when Customer has paid for those goods and materials, along with any labor to deliver, install, handle those goods and materials, in full in accordance with the Payment Terms hereof.

9. Customer's signature or payment indicates that Customer has inspected and accepted the Work completed as contracted.

10. Payment Terms:

The entire invoice is due upon presentment and/or demand for payment.  There are penalties for not paying as agreed.  Customer agrees to allow liens to be placed to secure debt to Seller.

Payment Options Include: (1) Cash; (2) Check; and (3) Visa or MasterCard (4) Financing (5) trade using agreed upon Cryptocurrency and other real or digital property as agreed upon between Seller and Customer in advance.  There will be convience and risk fees charged for use of any form of payment other than cash.

11. Warranty:

All labor used to perform the work described herein are warranted to be free from defects in workmanship for a period of thirty (30) days from the date of this invoice (conditioned upon the terms set forth herein). All other warranties, whether expressed or implied, are hereby expressly disclaimed, including disclaimer of any implied warranties of merchantability, habitability or fitness for a particular purpose. No coverage on mold, freon leaks, water leaks or cleaning or cleanliness of anything for any reason.

Manufacturer's warranties on goods, appliances, equipment, materials and similar items are, to the extent legally assignable, hereby assigned to Customer. Contractor shall have no obligation to remove any defective item, nor to install any replacement thereof, where the reason for such removal and replacement is solely a manufacturer's defect or when the total billed Customer has not been paid in full.

Warranty service scheduled within the warranty period will be performed during normal business hours, (Mon. - Fri. 8:30 a.m. to 4:30 p.m.). If Customer requests premium time for warranty service, the customer will be responsible to pay the premium labor rate for the service call.

Contractor will inform the customer if replacement parts from the factory will entail lead times extending beyond 3-5 business days.  Customer is responsible for any warranty fees, shipping fees, handling fees, and/or etc for any warranty items

Warranty for products such as EZ Seal/Leak Stop are as specifed by manufacture at the time of use.  If product such as EZ Seal/Leak Stop repair fails within 10 days, the charge for the product, excludes labor and freon, will be credited towards the purchase of a new air conditioner or replacement evaporator coil, subject to the location of the original refrigerant leak and parts availability.

3 year guarantee on the repairs we make only applies on invoices that have the warranty clearly written and initialed by the service tech who proformed the repair attesting to the fact that the customer made all the suggested repairs to the HVAC system.  Example: If a tech tells a customer the capacitor went out because the contactor has burnt or pitted points and needs to also be replaced and the customer decides to only replace the capacitor to get the unit operating; there is no 3 year warranty because the cause of the failure was not fixed, only the part that stopped the unit from running and Shane's know from experiance that the replaced part will fail again.  If the complete repair we made fails within 3 years of the repair we made for you; we will replace the part and supply the labor to replace the part for free.  You, the customer, will still be responsible for service call out fee, diagnosis fee and any applicable travel fees and taxes.  This guarantee does not cover failures due to parts other than the part we replaced nor any failures due to abuse, vandals, lack of maintenance, anything outside our control or acts of God.    

12. The commencement of Work by Contractor (traveling to your location at your request), to perform any diagnosis/repair, and/or the supply of any goods, as applicable, shall constitute acceptance of these Terms and Conditions by Customer.

13. Contractor will not be held liable for any loss, delay, injury, or damage that are caused by improper use, negligent acts, or circumstances beyond our reasonable control including but not restricted to natural disasters, war, terrorism, civil commotion, acts of government, fire, theft, corrosion, floods, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, code violations or insurance company requirements, delays in transportation, extreme weather conditions, shortage of vehicles, fuel, labor, or materials, or malicious mischief. And, in no event, whether as a result of breach of contract, or otherwise, will Contractor be held liable for any loss, delay, injury, or damage that are caused by improper use, negligent acts, or circumstances beyond our reasonable control including but not restricted to natural disasters, war, terrorism, civil commotion, acts of government, fire, theft, corrosion, floods, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, code violations or insurance company requirements, delays in transportation, extreme weather conditions, shortage of vehicles, fuel, labor, or materials, or malicious mischief. And, in no event, whether as a result of breach of contract, or otherwise, will Contractor be liable for consequential, speculative, penal or incidental damages, including, but not limited to loss of profit or revenues, loss of use of any products, machinery, equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, or claims of Buyer’s customer for such damages. Also, it is agreed that any changes, adjustments, additions to repairs made by others, unless authorized by Contractor will release and terminate all obligations of Contractor and the customer will be responsible for payment of materials and any work or services rendered by Contractor.

It is agreed that Contractor will not be financially responsible to complete safety tests, install new devices or make modifications to any equipment to comply with recommendations or directives of insurance companies, governmental agencies, or for other reasons. Neither shall Contractor be required to make replacements or repairs necessitated by reason of any other cause beyond its control except ordinary wear and tear.  Customer agrees to pay for all additional work required by governing agencies and law that are outside of the agreed upon work; all such work falls under the original signed agreement and will be billed on a new line.

14. Where Customer is not the owner of the Property, Customer represents to Contractor as follows:

Customer is acting as an authorized agent of the legal owner and has obtained the consent of the Owner and/or any agent of the Owner of the Property for Contractor to carry out all Work and supply goods, including that referred to in the Contractor's Price List, the Contractor Report, the Contractor Quotation Form and the Contractor Works Form, as applicable, and these Conditions; Customer also take on the shared responsiblity of the debt of services requested of Shane's.

Customer is liable to pay the account although it is not the Owner; Owner is liable to pay the account as having his agent, customer, order work on Owner's property

Customer indemnifies Contractor against all costs, liability, loss or damage caused to, suffered by or claimed against Contractor, its employees, agents and contractors, due to any breach of this paragraph by Customer.

15. Customer shall reimburse Contractor, its directors, officers, employees, agents, successors and assigns for any costs or expenses, including fees, associated with a default by the Customer of these Terms and Conditions.

16. The contract for the provision of the Work and goods is governed by this contract and the parties submit to the exclusive jurisdiction of this contract.

17.  The customer agrees and allows Contractor to place liens and or mortgages, not limited to UCC1 and mechanics liens, on ALL properties and/or Chattell owned by owner of property and agent of owner of property to secure the debt to Contractor without any further permissions.

17. For any questions or concerns regarding this invoice or the service you've received, please feel free to call our office at anytime and ask for the service department.

18.  They agree that if any discrepencies in the above terms and conditions are found, clearification and definition of the meaning of the disctepencies will be decided by SHANE'S in best favor of SHANE'S.

Copyright© SHANE'S 2016, 2017, 2018, 2019