Terms and Conditions of Service

Effective Date: January 1, 2024  |  Last Updated: January 1, 2024

These Terms and Conditions (“Terms”) govern your use of the services provided by Berndt Climate Control LLC (“Company,” “we,” “us,” or “our”), located at 7462 Rolling Meadow Rd, Verona, WI 53593. By requesting, scheduling, or receiving services from Berndt Climate Control LLC, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. Please read them carefully before engaging our services.

1. Agreement to Terms

By contacting us for service, accepting a service estimate, scheduling an appointment, or allowing our technicians to perform work on your property, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, please do not engage our services.

2. Services Description

Berndt Climate Control LLC provides heating, ventilation, and air conditioning (HVAC) installation, repair, maintenance, and related services for residential and light commercial properties in Verona, Wisconsin and surrounding Dane County communities. Services include but are not limited to: furnace installation and repair, air conditioning installation and repair, heat pump service, boiler service, ductless mini-split installation, indoor air quality systems, ductwork service, thermostat installation, and preventive maintenance.

We reserve the right to decline any service request at our sole discretion, including but not limited to situations involving unsafe working conditions, properties with hazardous materials, or requests outside our area of expertise.

3. Service Estimates and Quotes

Written estimates provided by Berndt Climate Control LLC are valid for 30 days from the date of issuance unless otherwise specified. Estimates are based on information available at the time of assessment and may be subject to change if additional issues are discovered during the course of work. We will notify you of any changes to the estimated cost before proceeding with additional work.

Verbal estimates are approximations only and are not binding. All binding estimates must be provided in writing. Free estimates are available for new system installations. Diagnostic service call fees apply to repair visits.

4. Scheduling and Appointments

Service appointments are scheduled based on technician availability. We make every effort to arrive within the scheduled appointment window. We will contact you if we anticipate a significant delay. Emergency service calls are prioritized based on severity and safety considerations.

You agree to provide reasonable access to your property and HVAC equipment at the scheduled appointment time. If our technician cannot access the property or equipment at the scheduled time, a trip charge may apply.

5. Cancellation Policy

We request at least 24 hours advance notice for cancellation or rescheduling of non-emergency service appointments. Cancellations with less than 24 hours notice may be subject to a cancellation fee. Emergency service calls may be cancelled without penalty prior to technician dispatch.

We reserve the right to cancel or reschedule appointments due to weather conditions, equipment availability, or other circumstances beyond our control. We will make every effort to reschedule promptly.

6. Payment Terms

Payment for residential service calls and repairs is due upon completion of work. Payment for new system installations may require a deposit at the time of scheduling, with the balance due upon completion. Commercial accounts may be extended net 30 payment terms at our discretion.

We accept cash, personal checks, and major credit cards (Visa, MasterCard, American Express, Discover). Returned checks are subject to a $35 returned check fee. Accounts more than 30 days past due are subject to a 1.5% monthly finance charge. We reserve the right to suspend service to accounts with outstanding balances.

7. Warranties

Labor Warranty: Berndt Climate Control LLC warrants all labor performed for a period of one (1) year from the date of service. If a defect in our workmanship causes a failure within the warranty period, we will correct the issue at no charge for labor. This warranty does not cover failures caused by misuse, neglect, unauthorized modifications, acts of nature, or normal wear and tear.

Equipment Warranty: New equipment installed by Berndt Climate Control LLC is covered by the manufacturer's warranty. Warranty terms vary by manufacturer and model. We will assist you in registering equipment warranties and filing warranty claims. Parts replaced during repair work are covered by the manufacturer's warranty on the part, which varies by component.

Warranty Exclusions: Warranties do not cover damage resulting from: failure to perform recommended maintenance, use of non-approved parts or modifications, acts of God or natural disasters, power surges or electrical issues not related to our work, or pre-existing conditions not disclosed at the time of service.

8. Property Access and Conditions

You agree to provide our technicians with safe, reasonable access to your property and all HVAC equipment. You represent that you have the authority to authorize work on the property. You agree to disclose any known hazardous conditions, including asbestos, lead paint, mold, or other hazardous materials, prior to service.

Our technicians reserve the right to refuse to work in conditions they deem unsafe. If hazardous conditions are discovered during the course of work, we may suspend work until the conditions are remediated.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERNDT CLIMATE CONTROL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, PROPERTY DAMAGE NOT DIRECTLY CAUSED BY OUR NEGLIGENCE, OR PERSONAL INJURY NOT DIRECTLY CAUSED BY OUR NEGLIGENCE.

Our total liability for any claim arising from our services shall not exceed the amount paid for the specific service giving rise to the claim. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

10. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Berndt Climate Control LLC or its content suppliers and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission.

11. Dispute Resolution

In the event of a dispute arising from our services, we encourage you to contact us directly to resolve the matter. Most disputes can be resolved through direct communication. If a dispute cannot be resolved informally, the parties agree to attempt mediation before pursuing litigation.

Any legal action arising from these Terms or our services shall be brought exclusively in the state or federal courts located in Dane County, Wisconsin. You consent to the personal jurisdiction of such courts.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any disputes shall be resolved in accordance with Wisconsin law.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with any written service agreements or estimates provided to you, constitute the entire agreement between you and Berndt Climate Control LLC regarding our services and supersede all prior communications, representations, or agreements.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after any changes constitutes your acceptance of the updated Terms.

16. Contact Information

For questions about these Terms and Conditions, please contact us: