Legal Terms

Terms of Service

Please read these terms carefully before using our services

Last Updated: November 2024 | Effective Immediately

These Terms of Service ("Terms") constitute a legal agreement between you ("Customer," "You," or "Client") and Bernie's Heating & A/C Service, Inc. ("Bernie's," "Company," "We," or "Us"). By using our website, requesting our services, or accepting our work, you agree to be bound by these Terms. If you do not agree with any provision of these Terms, please do not use our services.

1. Scope of Services

1.1 Services Provided

Bernie's provides HVAC (heating, ventilation, and air conditioning) services including but not limited to: equipment repair, maintenance, installation, and emergency service calls. Services are provided for residential and commercial customers in the Chicago area and surrounding suburbs.

1.2 Work Scope

The specific work to be performed will be described in our written estimate or service agreement. Work not specifically listed in the estimate is not included unless expressly authorized by a representative of Bernie's in writing.

1.3 Additional Work

If our technician identifies additional work needed during service, we will notify you and provide a separate estimate. Additional work will only be performed with your written approval. You may decline additional recommendations without penalty.

Important: We are not responsible for defects in workmanship, equipment failure, or building issues not related to our specific work. Our technicians will work with components visible and accessible at the time of service.

2. Pricing & Payment

2.1 Pricing Structure

  • Service call fees are specified in our estimate
  • Repair costs are quoted before work begins
  • Equipment prices include specified components only
  • All pricing is in U.S. dollars
  • Travel fees may apply for service outside our primary service area

2.2 Payment Terms

  • Payment is due upon completion of service unless other arrangements are made
  • We accept cash, check, credit cards, and electronic payment
  • A service charge will apply for insufficient funds or failed payments
  • Late payments may incur a 1.5% monthly interest charge (18% annually)

2.3 Taxes & Additional Charges

All estimates are subject to applicable Illinois sales tax (10.25% in most Chicago areas). Additional charges may apply for after-hours service (nights and weekends), holiday service, or work in hazardous conditions.

2.4 Financing Options

We offer financing options for equipment purchases through approved third-party lenders. Financing terms are subject to lender approval and are separate from these Terms of Service.

3. Scheduling & Appointments

3.1 Service Windows

We offer service appointments during business hours (standard hours) and extended hours (evenings and weekends) with possible additional charges. Same-day service is available based on technician availability and is subject to a surcharge.

3.2 Appointment Confirmation

You are responsible for confirming your appointment. We will provide a phone number and time window. If you need to reschedule, contact us as soon as possible. Confirmation does not guarantee exact arrival time.

3.3 Technician Arrival

Our technicians operate on a rolling schedule and may arrive within the scheduled window. We ask that you allow 30 minutes of flexibility. If a technician has not arrived 30 minutes after the end of the scheduled window, please call us immediately.

3.4 Site Conditions

Upon arrival, our technician may refuse service if: (a) the location is unsafe or unsanitary, (b) the customer is hostile or abusive, or (c) site conditions prevent safe work. In such cases, a service call fee may still apply.

4. Cancellation Policy

4.1 Cancellation by Customer

  • 48+ hours notice: Full refund of any deposit
  • 24-48 hours notice: 50% of deposit forfeited; remainder refunded
  • Less than 24 hours: Full deposit forfeited as cancellation fee
  • No-show (missed appointment): Service call fee charged to card on file

4.2 Emergency Service Cancellations

Emergency service calls (24/7) have a $150 minimum cancellation fee if cancelled less than 2 hours before technician arrival, regardless of notice period.

4.3 Cancellation by Bernie's

We reserve the right to cancel or reschedule appointments due to severe weather, emergency situations, or technician illness. We will provide notice as soon as possible and offer alternative dates.

4.4 Rescheduling

Cancellations made more than 48 hours in advance with rescheduling to another date within 30 days will not incur cancellation fees.

5. Warranties

5.1 Labor Warranty

Bernie's warrants labor on repairs for 30 days from the date of service. If the same component fails due to defective workmanship within 30 days, we will repair or replace it at no charge (parts only; travel fees may apply).

5.2 Equipment & Parts Warranty

Equipment and parts are warranted according to the manufacturer's warranty. We do not provide warranties beyond manufacturer specifications. All manufacturer warranties require proper installation and maintenance.

5.3 Extended Warranty Options

Extended warranty plans are available for additional cost at the time of equipment installation. These plans are through third-party providers and governed by their terms.

5.4 Warranty Exclusions

Warranties do not cover: improper maintenance, misuse, accidents, damage from power surges, acts of nature, installation defects by other contractors, or pre-existing conditions.

5.5 Maintenance Requirements

To maintain warranties, equipment must be professionally maintained according to manufacturer guidelines. Failure to maintain voids warranties.

6. Limitation of Liability

6.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERNIE'S SHALL NOT BE LIABLE FOR: (a) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; (b) LOSS OF PROFITS, REVENUE, OR BUSINESS; (c) DAMAGE FROM SYSTEM DOWNTIME OR LOST USE OF EQUIPMENT; OR (d) ANY DAMAGES EXCEEDING THE AMOUNT PAID FOR THE SERVICE.

6.2 Property Damage Liability

Bernie's maintains comprehensive liability insurance. Our liability is limited to the extent of our insurance coverage or $5,000, whichever is less, except in cases of gross negligence or willful misconduct.

6.3 System Failure Prevention

You assume all risk of system failure. We recommend: (a) regular preventive maintenance, (b) installation of backup systems for critical equipment, (c) emergency service plans for peace of mind, and (d) proper system monitoring.

6.4 Climate Control Responsibility

We cannot guarantee specific indoor temperatures or humidity levels. Our services are to repair and maintain systems to manufacturer specifications. Actual comfort depends on equipment condition, usage, outdoor temperature, insulation, and other factors beyond our control.

7. Indemnification

You agree to indemnify and hold harmless Bernie's, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your use of our services, (b) your breach of these Terms, (c) your negligence or misconduct, or (d) your violation of applicable laws.

8. Customer Conduct

You agree to:

  • Treat our technicians with respect and courtesy
  • Provide a safe working environment
  • Disclose any hazardous conditions (asbestos, mold, biological hazards)
  • Ensure proper property access
  • Pay invoices in full upon completion
  • Not perform unauthorized work or modifications to equipment after our service

We reserve the right to refuse service or terminate a service appointment if:

  • The customer is hostile, abusive, or threatening
  • The work environment is unsafe or unsanitary
  • A customer fails to disclose hazardous conditions
  • Payment terms cannot be agreed upon

9. Property Access

9.1 Entry Requirements

You authorize Bernie's to enter your property to perform contracted services. Our technicians will work within the scope specified in the service agreement.

9.2 Property Responsibility

You are responsible for: (a) moving personal items from work areas, (b) protecting valuables, (c) securing pets, (d) disclosing any safety hazards, and (e) providing reasonable access to utilities and equipment.

9.3 Hazard Disclosure

You must disclose any known hazards including: asbestos, mold, lead paint, biohazards, pest infestations, or structural issues. Failure to disclose may result in service cancellation and full service charges.

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.

10.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois.

10.3 Dispute Resolution Process

Before pursuing legal action, disputes should be addressed as follows:

  1. Contact our office within 10 days of the issue
  2. Provide detailed description with photos if applicable
  3. We will investigate and respond within 5 business days
  4. If unresolved, pursue mediation or arbitration

10.4 BBB Complaint Process

For unresolved disputes, you may file a complaint with the Better Business Bureau (BBB) atwww.bbb.org

10.5 Small Claims Court

Either party may pursue claims in small claims court if the amount is within the court's jurisdiction.

Additional Provisions

Entire Agreement

These Terms, together with any applicable service agreement, constitute the entire agreement between you and Bernie's regarding the services provided.

Modifications

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 constitutes acceptance of modified Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full effect.

Contact Information

For questions about these Terms, contact us at:

Phone: 773-900-6248

Email: [email protected]

Last Updated: November 2024

These Terms of Service are effective immediately and apply to all services provided after the effective date.

Questions About Our Terms?

Our team is happy to clarify any terms or answer questions about our service policies.

Get in Touch