Privacy Policy

AnyWeather Heating & Air LLC 

Terms & Conditions 

Last Updated: [January 1st 2026] 

1. WEBSITE & SERVICE AUTHORIZATION ACCEPTANCE 

By scheduling service, requesting an estimate, submitting a form, signing an estimate,  authorizing work, or permitting AnyWeather Heating & Air LLC (“Company”) to perform  services, Customer acknowledges that they have read, understood, and agree to be bound  by these Terms & Conditions. These Terms apply to all residential and commercial services  unless otherwise prohibited by law. 

1. CONTRACT DOCUMENTS & INCORPORATION 

This Agreement is composed of: 

(a) these Terms & Conditions; 

(b) the signed estimate or proposal; 

(c) any Construction Agreement (front or reverse); 

(d) Scope of Work Addenda; 

(e) approved Change Orders; and 

(f) all documents referenced herein (collectively, the “Agreement”). 

These documents are incorporated by reference and constitute the entire agreement  between the parties. 

2. WARRANTIES & WARRANTY CONDITIONS 

2.1 Workmanship Warranty 

2. Our standard workmanship warranties are for one (1) year. Said workmanship warranty is  void if (i) Customer has not paid in full or (ii) Customer hires a third party to repair or replace  the Work prior to contacting Company. Company’s warranty is limited to the repair and/or  replacement of any defective Work at Company’s expense promptly upon receipt of written  notice from Customer. The forgoing warranty is exclusive and in lieu of all other warranties,  express or implied, including without limitation, any warranties of MERCHANTABILITY OR  FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, and all other warranties are hereby  disclaimed and excluded. Under our workmanship warranty, Company warrants that all  components are installed correctly, in accordance with industry standards. Defects in 

materials are covered by separate manufacturer’s warranties. Company’s warranty is non transferable. To the greatest extent possible, Company shall assign to Customer all  manufacturers and supplier’s warranties for materials or equipment incorporated into the  Work. 

This warranty is void if: 

• Customer fails to pay in full; 
• Customer hires a third party to alter, repair, or replace the Work without first  notifying Company in writing; or 
• Customer fails to comply with required maintenance obligations. 

2.2 Required Maintenance Condition 

As a condition precedent to any workmanship or extended warranty, Customer must have  annual maintenance performed by AnyWeather Heating & Air LLC. Failure to maintain  annual service by Company may void all warranties, to the fullest extent permitted by law. 

2.3 Disclaimer 

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,  EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR  A PARTICULAR PURPOSE. 

Manufacturer warranties apply separately to equipment and materials and are assigned to  Customer where permitted. All warranties are non-transferable. 

The Company is not responsible for construction problems associated with Customer’s  real property. Company shall not be responsible for lingering smells or odors including but  not limited to paint or smoke. Customer understands that Company is not liable for any  damage caused by a third party vendor, such as dumpster companies or material suppliers 

3. CREDIT APPROVAL & ASSIGNMENT 

All Agreements are subject to Company’s internal approval. Customer may not assign this  Agreement without Company’s written consent. Company may use subcontractors without  affecting warranty obligations. Each Agreement is subject to approval of our credit  department and office without exception. This Agreement and all applicable warranties  shall not be assigned except by or with the written permission of the Company. Company’s  use of a subcontractor shall not affect Company’s warranty to Customer.

4. CHANGES, ADDITIONS & CHANGE ORDERS 

Customer may request changes to the Work. Adjustments to scope, price, or schedule may  be required due to Customer requests or circumstances beyond Company’s control,  including weather, access issues, acts of God, or third parties. 

Written change orders are preferred; however, Customer waives any requirement that  changes be in writing if Customer verbally authorizes Company to proceed. 

The Work shall be subject to changes or additions, deletions or revisions by the Customer.  Whenever an adjustment in the Price or Work is required because of Customer’s request or  other circumstances beyond the control of Company (including lack of worksite access,  weather, fires, floods, strikes, acts of God, natural disasters, or acts of third parties), the  Company shall submit to the Customer within a reasonable time a detailed estimate of the  change to the Price. Customer agrees that any requirement that the change need to be in  writing is waived if Company and Customer verbally discuss the adjustments and Customer  directs Company to proceed without a written adjustment presented by Company. The  Company shall not be obligated to perform changes in the Work or additional Work until the  Owner has approved, in writing unless otherwise agreed, the changes to the Price. 

5. INSURANCE & RISK OF LOSS 

The Company shall have no responsibility for damages from rain, fire, tornado, windstorm,  or other perils, as it is normally contemplated to be covered by PROPERTY INSURANCE or  BUSINESS RISK INSURANCE, unless a specified written agreement be made therefore prior  to commencement of the Work. During the duration of the Work, Customer’s insurance will  be responsible for any such damage as long as the Company has taken reasonable steps to  protect the Work. 

6. PERMITS 

Company shall obtain required permits unless otherwise stated in writing. 

7. PAYMENT TERMS, DEPOSITS & COLLECTIONS 

Company may suspend the Work if a dispute over payment for extra Work, differing site  conditions, changes by Customer or other circumstances beyond Company’s control will 

cause the Company to suffer substantial financial hardship if Company is required to  continue the Work. Company may request that Customer provide written proof of  Customer’s ability to pay Company for the Work. Failure of Customer to provide such proof  shall be justification for Company’s suspension of the Work or the termination of this  Agreement. 

7.1 Payment Due 

Payment is due upon completion of Work, unless otherwise stated in the signed estimate. 7.2 Deposits 

From time to time, deposits may be required and typically range from 30%–50% of the  contract sum. Company reserves the right to require deposits as expressly written into the  estimate or proposal. 

7.3 Late Payments & Fees 

If payment is not received when due, Company may: 

• Charge interest at 29.99% APR, or the maximum allowed by law; 
• Recover administrative costs, collection fees, and legal expenses; • Suspend work or pursue lien rights. 

8. SPECIAL-ORDER & NON-RETURNABLE EQUIPMENT 

Any equipment designated as special-order or non-returnable is 100% due immediately  upon acceptance of the estimate. Once ordered, such equipment cannot be cancelled,  returned, or refunded, even if the overall project is later cancelled. These obligations  survive termination of this Agreement. 

9. CANCELLATION & TERMINATION 

Once an estimate is signed and accepted, cancellation may result in a charge of up to 50%  of the contract price, representing procurement costs, labor allocation, administrative  fees, and pre-construction resources expended. 

10. NOTICE TO CURE (DISPUTE RESOLUTION PRECONDITION)

Before filing any claim, lawsuit, arbitration, or chargeback, Customer must provide  Company written notice of the alleged issue via certified mail and allow thirty (30) days  to cure. Failure to provide notice and opportunity to cure waives such claims to the fullest  extent permitted by law. 

10.1 Acceptance of design 

Within 15 business days of receiving the design of AnyWeather Heating & Air LLC  (“Company”) Heating, Ventilation, and Air Conditioning System (HVAC) or Electrical design,  Customer may, at its own expense, have an independent third party inspect the design,  measurement, and any other calculations of HVAC or Electrical delivered to Customer. If  Customer waives such third-party inspection right, Customer shall (i) be deemed to have  completely accepted the HVAC or Electrical designs as-is, where is, and with all faults  with respect to all facts, circumstances, conditions, and defects; (ii) assume the risks of  any and all errors of such designs; and (iii) fully, finally, and forever release all claims that  now exist, may exist or previously existed with respect to any and all errors of such design,  whether known or unknown, foreseen or unforeseen, or suspected or unsuspected. 

11. LIMITATION OF LIABILITY & INDEMNIFICATION 

LIMITATION OF LIABILITY: THE COMPANY’S MAXIMUM LIABILITY IN THE EVENT OF ANY  DEFAULT BY IT, WARRANTY CLAIM, LAWSUIT, CLAIM, ARBITRATION, OR ANY OTHER  OCCURRENCE, SHALL BE THE ESTIMATED COST (STATED ON THE FRONT PAGE), WHICH  YOU AGREE SHALL BE A LIQUIDATED SUM.  

1. a) Company and Customer agree that Company’s liability, whether arising in  contract, tort, strict liability, or otherwise, shall be limited to the Price.  Customer and Company further agree that Company shall not be responsible  for: a) damage caused by any third party or third party vendor, such as material  suppliers or Customer’s subcontractors; or b) damage that may be caused  during installations, including but not limited to fallen pictures, nail pops, or  scuffs, dents, other damage in drywall, doorways, or flooring, oil droplets in  driveways, hairline fractures in concrete, or minor broken branches on plants,  foliage, or shrubbery, or ruts in grass.  
2. b) To the fullest extent permitted by law, and to the extent of any claims,  damages, losses, or expenses, including but not limited to reasonable  attorneys’ fees, Customer shall indemnify and hold harmless Company, its  agents, employees, and officers from and against claims, losses, expenses,  including but not limited to reasonable attorneys’ fees, demands, lawsuits and  liabilities arising out of or connected to (i) Customer’s breach of this  Agreement or (ii) the actions or inactions of the Customer or any of its agents, 

invitees, subcontractors and/or employees in relation to the Work and  attributable to bodily injury, sickness, disease, or death, or from claims for  damage to personal or real property. Such obligation to indemnify shall not be  construed to negate, abridge, or reduce other rights or obligations of  indemnity that otherwise exist in favor of Company.  

1. c) Any controversy or claim arising out of or relating to this Agreement or its  alleged breach, which cannot be resolved by mutual agreement, shall be  settled by arbitration in Hamilton County, Ohio, in accordance with  Construction Industry Rules of the American Arbitration Association in effect  on the date of the Agreement, and judgment upon the award rendered by the  arbitrator(s) must be entered in common pleas court in Hamilton County,  Ohio. Customer and Company agree that should Company be potentially or  actually a party to a lawsuit or arbitration arising out of or connected to this  Agreement, Customer shall appear in, and be bound by the decision in, that  lawsuit or arbitration. 
2. CONFIDENTIALITY & PRICING DISCLOSURE 

All pricing, estimates, and proposals are confidential, provided solely for Customer’s  review, and may not be shared with third parties without Company’s written consent. 

13. ONLINE REVIEWS & DEFAMATION 

Nothing in this Agreement prohibits lawful, honest consumer reviews. However, false  statements of fact, including knowingly inaccurate pricing claims or misleading  representations of services, may constitute defamation under applicable law. The parties  acknowledge that knowingly false or misleading statements are harmful. 

14. MECHANICS’ LIEN NOTICE 

Any person or company supplying labor or materials may file a lien against the property if  unpaid. ANY PERSON, COMPANY, OR ENTITY SUPPLYING LABOR OR MATERIALS FOR THIS  IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT  PERSON OR COMPANY IS NOT PAID FOR THEIR CONTRIBUTIONS. 

15. ARBITRATION, JURY WAIVER & VENUE

EACH PARTY HERETO, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,  KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT SUCH PARTY MAY  HAVE TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF  LIABILITY ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THIS  AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREUNDER 

16. GOVERNING LAW & MULTI-STATE RESIDENTIAL RIGHTS 

This Agreement is governed by Ohio law. 

Residential customers in Ohio, Kentucky, and Indiana are afforded all applicable  consumer protection and home solicitation cancellation rights under their respective state  laws. Where conflicts exist, mandatory state consumer protections control. 

This Agreement will be governed exclusively by the laws of the State of Ohio, without regard  to conflict of law principles. The parties agree that in any dispute outside of the  requirements of arbitration, exclusive jurisdiction and venue will be in the state or federal  courts located in Hamilton County, Ohio. The parties mutually acknowledge and agree that  they will not raise in connection therewith, and hereby waive, any defenses based upon  venue, inconvenience of forum, or lack of personal jurisdiction in any action or suit brought  in accordance with the foregoing.  

17. RIGHT TO CANCEL (RESIDENTIAL – OH / KY / IN) 

For residential work on a personal residence, Customer may cancel by written notice  before midnight of the third (3rd) business day after execution, unless work has  commenced. 

After this period, cancellation may result in charges for lost profits or incurred costs at  $150/hour, or as otherwise permitted by law. 

17.1 

If Customer is an individual and the Work is to be performed on Customer’s personal  residence, the following provisions shall apply to this Agreement: a) Customer may cancel this transaction by written notice to Company at any  time prior to midnight of the third business day after the date of this  

transaction. However, this Agreement CANNOT BE CANCELLED ONCE  WORK IS COMMENCED except by mutual written agreement of the parties. b) IF THIS AGREEMENT IS CANCELLED BY THE CUSTOMER LATER THAN  MIDNIGHT OF THE 3rd BUSINESS DAY AFTER its execution, the Customer 

understands that Company will have lost profits and substantial time due to  the breach of this Agreement, and that the Customer shall be responsible  either for a) those lost profits or b) Company’s representatives’ incurred  expenses and time at an hourly rate of $150 per hour, whichever Company  elects to enforce. 

18. INDEPENDENT CONTRACTORS 

Company and Customer are acting hereunder as independent contractors. Neither will be  considered or deemed to be an agent, employee, joint venturer, or partner of the other. 

19. ENTIRE AGREEMENT, SEVERABILITY & SURVIVAL 

This Agreement constitutes the entire agreement and supersedes all prior discussions. If  any provision is unenforceable, remaining provisions remain effective. 

Payment, cancellation, special-order, arbitration, confidentiality, limitation of liability, and  indemnification provisions survive termination. 

20. ESTIMATE & SERVICE TITAN INCORPORATION 

Customer acknowledges that these Terms & Conditions are available on Company’s  website and are incorporated by reference into all estimates, invoices, and ServiceTitan  documents.