EVENFLOW HEATING AND AIR, LLC

These Terms & Conditions apply to services performed by Evenflow Heating and Air, LLC (“Evenflow”) unless different terms are expressly stated in a written agreement signed or approved by Evenflow and the Customer.

1. AUTHORIZATION AND ACCEPTANCE

By approving an estimate, proposal, work authorization, or additional work, including by electronic signature, electronic approval, text, or documented verbal authorization, Customer authorizes Evenflow to perform the approved scope of work and agrees to these Terms & Conditions.

The person authorizing work represents that he or she is the property owner or otherwise has authority to authorize the work and associated charges.

Additional charges beyond the originally authorized diagnostic fee or scope of work require Customer approval. Authorization may be written, electronic, or verbal and documented by Evenflow.

2. PRICING AND ESTIMATES

Evenflow utilizes flat-rate pricing. Customer purchases the completed authorized scope of work for the stated price. Evenflow is not required to disclose or itemize its internal labor rates, material costs, markups, overhead, or profit.

Unless otherwise stated, estimates and proposals are valid for 30 days.

Conditions concealed from reasonable observation or discovered after work begins—including improper prior installations, damaged wiring, concealed duct deficiencies, structural conditions, code deficiencies, hazardous materials, or other unforeseen conditions—are outside the original scope unless specifically included.

Evenflow will obtain Customer authorization before performing additional chargeable work resulting from such conditions.

3. PAYMENT

Residential Customers: Payment is due in full immediately upon substantial completion of the authorized work unless financing or different payment arrangements were approved in writing beforehand.

Commercial Customers: Payment is due Net 30 from the invoice date.

Past-due balances may accrue interest beginning 30 days after the applicable payment obligation becomes due, at 1.5% per month (18% annually) where legally permitted, or the maximum lawful rate if lower.

Customer shall be responsible for reasonable collection expenses and attorney’s fees to the extent permitted by applicable law.

Evenflow may decline or suspend additional non-emergency services on past-due accounts, subject to existing contractual obligations and applicable law.

Evenflow reserves all mechanic’s lien, collection, and other remedies available under Georgia law for unpaid labor, equipment, and materials.

4. RETURNED PAYMENTS AND CARD FEES

Returned checks, rejected ACH transactions, or other failed payments may be assessed a returned-payment charge up to the maximum amount permitted by law.

Evenflow may impose a properly disclosed credit-card processing surcharge where permitted by applicable law and applicable card-network requirements.

5. DIAGNOSTIC SERVICES

Diagnostic and service-call charges compensate Evenflow for technician time, travel, testing, expertise, and professional diagnosis and are earned regardless of whether Customer proceeds with a recommended repair.

HVAC systems, particularly older systems, may contain weakened or deteriorated components. Evenflow is not responsible merely because an existing component fails during reasonable and properly performed diagnostic testing. This limitation does not apply to damage caused by Evenflow’s negligent or improper testing.

6. ONE-YEAR REPLACEMENT-PART LABOR WARRANTY

Unless otherwise stated in writing, qualifying replacement parts installed by Evenflow carry a one-year Evenflow labor warranty beginning upon substantial completion of the repair.

The Evenflow warranty covers only Evenflow’s labor necessary to remove and replace the specific failed component when that component qualifies for replacement under the applicable manufacturer’s warranty.

The replacement part itself is governed by the manufacturer’s warranty.

Unless expressly stated otherwise, the following are not covered by Evenflow’s labor warranty:

• Diagnostic/service-call charges;
• Refrigerant;
• Manufacturer or distributor processing charges;
• Shipping, freight, handling or return charges;
• Permits or inspection fees;
• Crane, lift, specialty access or similar expenses;
• After-hours, weekend or emergency-service charges;
• Filters or maintenance items; and
• Other incidental costs.

If the component is not covered and approved under the applicable manufacturer’s parts warranty, Evenflow’s labor warranty does not apply to replacement of that component.

Warranty service is performed during Evenflow’s then-current normal business hours. Premium charges associated with requested after-hours, weekend, or emergency service remain Customer’s responsibility unless a separate written maintenance agreement expressly provides otherwise.

The one-year warranty is non-transferable and applies only to the original Customer at the property where the covered work was performed.

7. RESIDENTIAL NEW-SYSTEM WARRANTIES

Unless otherwise expressly stated in the approved proposal, a qualifying residential new-system installation includes a one-year labor warranty beginning upon substantial completion and startup.

This standard warranty covers Evenflow’s labor to replace components approved for replacement under the applicable manufacturer’s warranty. The exclusions stated in Section 6 apply.

Optional 10-Year Labor Warranty

A 10-year residential labor warranty applies only when the Customer’s approved proposal expressly states that the 10-year labor warranty is included.

The 10-year period begins when Evenflow substantially completes and starts up the new system.

Coverage is limited to Evenflow’s labor to remove and replace a component approved for replacement under the applicable manufacturer’s parts warranty.

The 10-year labor warranty does not include diagnostic charges, refrigerant, freight, shipping, manufacturer/distributor warranty-processing charges, permits, crane or lift charges, after-hours charges, maintenance, filters, or other incidental expenses.

The 10-year labor warranty requires Customer to continuously maintain the applicable Evenflow maintenance membership and have the required maintenance performed by Evenflow.

If the required membership expires, labor-warranty coverage is suspended immediately. Customer may reinstate the remaining warranty within one year of membership expiration by renewing the required membership and paying the missed membership period. Failures occurring while coverage is suspended are not covered.

If the membership remains inactive for one continuous year, the 10-year labor warranty is permanently void.

Maintenance performed by another company does not satisfy the Evenflow maintenance requirement.

Warranty labor under this program must be performed by Evenflow unless Evenflow agrees otherwise in writing. Work performed by a Carrier Factory Authorized Dealer will not, by itself, automatically void the warranty; however, Evenflow does not pay or reimburse another contractor’s labor unless Evenflow expressly agrees to do so in writing.

Unauthorized repair, alteration, or modification by contractors other than Evenflow or a Carrier Factory Authorized Dealer may affect warranty coverage, subject to applicable law and the relationship between the outside work and the claimed failure.

8. COMMERCIAL WARRANTIES

Commercial replacement-part repairs receive the standard one-year labor warranty described in these Terms and do not require a maintenance agreement.

Commercial new-system installations carry a one-year labor warranty only while the Customer maintains the required active Evenflow maintenance agreement.

If the required commercial maintenance agreement expires or is canceled during the warranty period, the remaining commercial new-system labor warranty terminates.

Commercial installations do not receive the residential 10-year labor warranty unless Evenflow expressly agrees otherwise in writing.

9. MANUFACTURER WARRANTIES

Equipment and parts warranties are provided by their respective manufacturers and are subject to manufacturer terms, conditions, exclusions, registration requirements, and approval procedures.

Customer is responsible for complying with applicable manufacturer requirements.

Evenflow does not control and cannot guarantee a manufacturer’s approval or continued warranty coverage.

Manufacturer or distributor processing, freight, handling, shipping, return, or similar charges are Customer’s responsibility unless expressly included in writing.

10. CUSTOMER-SUPPLIED EQUIPMENT AND PARTS

Parts, thermostats, equipment, accessories, or materials supplied by Customer are installed without any Evenflow warranty, including warranty of the item or Evenflow’s installation labor, to the fullest extent permitted by applicable law.

11. WARRANTY CALLBACKS

Warranty coverage applies only to the specific covered repair or installation.

If Evenflow responds to a warranty request and determines that the condition is unrelated to the original covered work, normal diagnostic, service, and repair charges apply.

Repair or replacement of one component does not constitute a representation or guarantee regarding the condition or remaining useful life of other components or the overall HVAC system.

12. REFRIGERANT LEAKS

Repair of a refrigerant leak covers only the specific repaired leak/location and does not guarantee that another leak will not subsequently develop elsewhere in the refrigerant circuit.

New or unrelated leaks constitute separate conditions and may require separate diagnosis and repair.

Evenflow is not responsible for subsequent property damage caused by refrigerant or oil leakage except to the extent directly caused by Evenflow’s negligent workmanship.

13. CONDENSATE, DRAINS AND WATER DAMAGE

HVAC equipment produces and manages water during normal operation. Drain lines, pumps, pans and related components may clog, deteriorate, overflow, or fail.

Evenflow is not responsible for subsequent water damage resulting from future drain clogs, biological growth, failed condensate pumps, existing drain conditions, equipment failure, or other conditions outside the specific work Evenflow performed, except to the extent damage is directly caused by Evenflow’s negligent workmanship.

This provision includes equipment located above ceilings and in attics or crawlspaces and resulting damage to drywall, ceilings, paint, flooring, furnishings, or other property.

14. EXISTING AND REUSED COMPONENTS

Connecting new equipment to existing ductwork, refrigerant piping, drain systems, electrical wiring, controls, flues, venting, or other existing components does not constitute a warranty of those existing components unless their evaluation, repair, or replacement is specifically included in the authorized scope.

Evenflow remains responsible for the workmanship of the connections it performs.

15. EXISTING DUCT SYSTEMS AND SYSTEM PERFORMANCE

Unless specifically included in the authorized scope, Evenflow does not warrant existing ductwork against leakage, improper sizing, poor design, inadequate insulation, airflow imbalance, noise, concealed defects, or deterioration.

Comfort, humidity, energy consumption, airflow, and system performance may be affected by conditions outside Evenflow’s authorized work, including existing ductwork, insulation, building construction, air leakage, thermostat settings, blocked or closed registers, dirty filters, and other property conditions.

Evenflow does not guarantee correction of conditions outside its authorized scope.

16. MAINTENANCE AND CUSTOMER RESPONSIBILITIES

Customer is responsible for reasonable routine maintenance and operation of the equipment.

Warranty coverage does not apply to failures caused by neglect, severely dirty filters or coils, blocked drains, misuse, continued operation after a known serious malfunction, unauthorized modification, or failure to perform required maintenance.

Maintenance-membership benefits, including discounts, priority service, maintenance visits, and after-hours benefits, are governed by the separate applicable maintenance agreement. Expired, canceled, or unpaid memberships do not continue membership benefits.

17. POWER, WEATHER AND EXTERNAL EVENTS

Warranty coverage does not apply to damage or failure caused by circumstances outside Evenflow’s reasonable control, including power surges, lightning, utility irregularities, flooding, fire, severe weather, pests, misuse, vandalism, unauthorized modifications, or similar external causes.

18. ACCESS AND WORK-AREA SAFETY

Customer shall provide safe and reasonable access to HVAC equipment, including attics, crawlspaces, mechanical rooms, electrical panels, and outdoor equipment, and shall disclose known hazards or concealed conditions.

Pets must be secured, and children and other occupants must remain safely clear of active work areas, tools, equipment, open panels, and access openings.

Evenflow may refuse, suspend, or discontinue work where unsafe conditions, abusive or threatening behavior, illegal activity, inaccessible equipment, aggressive unsecured animals, nonpayment, or other circumstances create an unreasonable risk to personnel or property.

19. PROPERTY, LANDSCAPING AND ACCESS

Customer is responsible for removing or protecting fragile, valuable, or obstructing personal property and providing reasonable working clearance.

Evenflow will exercise reasonable care but is not responsible for unavoidable disturbance to landscaping, stored property, attic insulation, finished surfaces, or similar areas when reasonably necessary to access and perform authorized work.

Nothing in this section excuses damage caused by Evenflow’s negligence.

20. UNSAFE EQUIPMENT

When Evenflow reasonably identifies an unsafe condition—including a combustion, venting, heat-exchanger, electrical, or other significant safety hazard—Evenflow may place affected equipment out of service or disable its operation when reasonably necessary to protect persons or property.

Evenflow may document the condition and recommend corrective action.

21. DECLINED RECOMMENDATIONS AND TEMPORARY REPAIRS

If Customer declines a recommended permanent repair, replacement, safety correction, or other recommended work, Evenflow is not responsible for subsequent failures, damage, loss of comfort, or other consequences resulting from the declined work or Customer’s election of a temporary or limited repair, except to the extent caused by Evenflow’s negligence.

22. PERMITS, INSPECTIONS AND CODE REQUIREMENTS

Work required by an authority having jurisdiction, inspector, permit office, or applicable code that was not included in the original authorized scope may constitute additional work and additional cost.

Evenflow will obtain Customer authorization before performing additional chargeable work except where immediate action is reasonably necessary for safety or otherwise permitted by law.

23. EQUIPMENT REMOVAL AND DISPOSAL

Unless otherwise agreed before removal, Customer authorizes Evenflow to remove and properly dispose of replaced equipment, parts, refrigerant, and related materials.

24. SPECIAL-ORDER MATERIALS AND CANCELLATION

When Customer cancels authorized work, Customer may be responsible for costs already reasonably incurred or irrevocably committed by Evenflow, including nonreturnable or special-order equipment, permit fees, lawful restocking charges, engineering/design expenses, and other committed project costs, except where applicable cancellation law provides otherwise.

25. SCHEDULING AND DELAYS

Appointment times and arrival windows are estimates.

Evenflow is not liable for reasonable delays caused by prior service calls, emergencies, traffic, weather, equipment or parts availability, utility interruptions, governmental action, or other circumstances reasonably outside Evenflow’s control.

After-hours and emergency service is subject to technician availability and is not guaranteed. Applicable charges will be disclosed or authorized before chargeable work is performed.

26. SUBSTITUTE PARTS AND EQUIPMENT

If a quoted component becomes unavailable, discontinued, or superseded, Evenflow may use a reasonably comparable replacement.

Customer approval will be obtained before a substitution that materially changes the price, capacity, efficiency, appearance, or warranty of the quoted equipment.

27. THIRD-PARTY TECHNOLOGY

Evenflow is not responsible for functionality or outages caused by Customer internet or Wi-Fi networks, third-party applications, cloud services, manufacturer servers, mobile devices, account credentials, telecommunications providers, or future software or firmware changes.

28. INDOOR AIR QUALITY

Air cleaners, filtration products, UV devices, humidifiers, dehumidifiers, duct-cleaning services, and other indoor-air-quality products are not represented as guaranteeing particular medical or health outcomes.

Unless expressly guaranteed in writing, Evenflow does not warrant complete elimination of mold, allergens, bacteria, viruses, odors, particulates, or other contaminants.

29. MOLD AND MICROBIAL GROWTH

Evenflow is not acting as a mold assessor or mold-remediation contractor unless expressly contracted and properly authorized to provide such services.

If suspected mold or microbial contamination is discovered, Evenflow may stop affected work and recommend evaluation or remediation by an appropriately qualified provider before HVAC work continues.

30. HAZARDOUS MATERIALS

If suspected asbestos, lead, or other hazardous materials are encountered, Evenflow may stop work until the material is appropriately evaluated or handled.

Testing, abatement, remediation, resulting delays, and related work are outside the original HVAC scope unless expressly included in writing.

31. CUSTOMER INFORMATION

Evenflow may reasonably rely upon information Customer provides regarding equipment history, previous repairs, symptoms, modifications, warranties, hazards, and property conditions.

Customer is responsible for additional reasonable costs or delays resulting from materially inaccurate information or failure to disclose known material conditions.

32. PHOTOGRAPHS AND VIDEO

Customer authorizes Evenflow to photograph or record equipment, model and serial numbers, defects, installation conditions, completed work, and surrounding work areas for documentation, warranty administration, training, quality control, advertising, website content, and social-media use.

Evenflow will not intentionally publish Customer names, street addresses, faces, or other personally identifying information for advertising or social-media purposes without separate permission.

33. FINANCING

Third-party financing is governed by the Customer’s separate agreement with the applicable lender.

Evenflow does not control or guarantee lender approval, interest rates, financing fees, payment schedules, credit decisions, or other lender terms.

34. WARRANTY INSPECTION AND THIRD-PARTY REPAIRS

Customer shall provide Evenflow a reasonable opportunity to inspect an alleged covered workmanship or warranty condition and, when applicable, correct covered work before Customer engages another contractor and seeks reimbursement from Evenflow.

Another contractor’s modification or repair of the specific work at issue without first providing Evenflow a reasonable opportunity to inspect may affect applicable Evenflow warranty coverage, except in a genuine emergency or where otherwise prohibited by law.

35. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVENFLOW SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM EQUIPMENT FAILURE OR THE SERVICES PROVIDED, INCLUDING LOST INCOME, LOST BUSINESS, LOSS OF USE, TEMPORARY LODGING, SPOILED FOOD, OR SIMILAR SECONDARY LOSSES.

TO THE FULLEST EXTENT PERMITTED BY LAW, EVENFLOW’S AGGREGATE LIABILITY ARISING FROM A PARTICULAR SERVICE OR INSTALLATION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO EVENFLOW FOR THE SPECIFIC WORK GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

36. WARRANTY CLAIM PROCEDURE

Customer shall promptly notify Evenflow of a claimed warranty condition and provide reasonable access for inspection.

Warranty claims may be initiated through:

Evenflow Heating and Air, LLC
115 Riverlake Drive
Woodstock, GA 30188
Phone: 770-298-3194
Email: Michael@evenflowaire.com

Upon determining that a claim is covered, Evenflow may, as appropriate under the applicable warranty, repair the covered workmanship or provide qualifying replacement labor.

Customer shall not unreasonably interfere with Evenflow’s opportunity to inspect and address the claimed condition.

37. DISPUTE RESOLUTION

Before commencing litigation concerning a disputed service, installation, or warranty claim, Customer and Evenflow agree to make a good-faith effort to resolve the matter directly.

If the dispute remains unresolved, the parties agree to attempt good-faith mediation before litigation, except where immediate legal action is reasonably necessary to preserve lien rights, collect an undisputed delinquent account, seek emergency relief, or preserve another legal right subject to a filing deadline.

38. GOVERNING LAW AND VENUE

These Terms and the parties’ relationship are governed by Georgia law.

To the extent permitted by applicable law, any litigation arising from the parties’ agreement shall be brought in the Georgia county in which Evenflow maintains its principal office.

39. COLLECTION AND LIEN RIGHTS

Nothing in these Terms waives Evenflow’s mechanic’s lien rights, collection rights, or other remedies available under Georgia law.

Evenflow does not claim through these Terms an unrestricted right to enter Customer’s property and remove permanently installed equipment following nonpayment.

40. ENTIRE AGREEMENT

The approved estimate, proposal or work authorization; applicable invoice; applicable written warranty documents; these incorporated Terms & Conditions; and any other expressly incorporated written agreement constitute the parties’ agreement concerning the authorized work.

Statements or promises outside those documents do not modify the agreement unless the modification is approved by Evenflow in writing.

This provision does not prevent Customer from giving documented verbal authorization for additional work and charges as otherwise permitted by these Terms.

41. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed as necessary, and the remaining provisions shall remain in effect.

42. CHANGES TO TERMS

Evenflow may revise its Terms & Conditions prospectively. Each job is governed by the Terms & Conditions applicable when that particular work is authorized. Later revisions do not retroactively modify an existing agreement unless the parties agree otherwise.

43. APPLICABLE LAW

These Terms are intended to supplement, not waive, rights or obligations that cannot legally be waived under applicable federal, state, or local law. Required statutory notices, cancellation rights, disclosures, licensing requirements, and other mandatory consumer protections control where applicable.

Evenflow Heating and Air, LLC
115 Riverlake Drive
Woodstock, GA 30188
770-298-3194
Michael@evenflowaire.com