Terms of Service
Air Doctor Services, Inc. Legal Disclaimer
By entering into an agreement with Air Doctor Services, Inc. (“Air Doctor”) to receive its services, you agree to the following provisions.
1. Limitation of Air Doctor’s Liability.
Air Doctor shall have no liability for indirect, consequential, exemplary, incidental or punitive damages (including damages suffered as a result of lost business or business opportunities) even if advised of the possibility of such damages beforehand. Air Doctor shall have no liability to you for any attorney’s fees and costs under any circumstances. Air Doctor’s liability for damages, regardless of the form of the cause or causes of action (i.e., whether in contact, pursuant to statute, tort, including negligence or strict liability or otherwise), shall be limited to the amount actually paid by You to Air Doctor for its services.
2. Choice of Law.
You agree that any dispute pertaining to any services provided by Air Doctor or pertaining to any contract entered into with Air Doctor shall be governed, interpreted and constructed under the laws of the State of South Carolina without regard to its conflict of law principles.
3. Dispute Resolution; Jurisdiction; Waiver of Trial Jury.
You agree that any dispute pertaining to any services provided by Air Doctor or pertaining to any contract entered into with Air Doctor shall be submitted to the jurisdiction of either the appropriate federal court in the State of South Carolina or the appropriate state court in the State of South Carolina. You and Air Doctor expressly agree that the appropriate federal court is the United States District Court for the District of South Carolina, Florence Division. You and Air Doctor expressly agree that the appropriate state court is the Horry County Court of Common Pleas in Conway, South Carolina. You and Air Doctor shall act in good faith and use commercially reasonable efforts to promptly resolve any claim, dispute, controversy or disagreement (each a “Dispute”) that may arise, before resorting to litigation. In the event of a dispute between You and Air Doctor, You and Air Doctor expressly and unequivocally agree to waive any right to a jury trial on any issue/claims in dispute and hereby agree that any and all disputed issues/claims shall be determined by a single judge, without a jury.
4. Severability.
In the event any provision of Your agreement with Air Doctor is deemed to be invalid or unenforceable by any court or administrative agency of competent jurisdiction, Your agreement with Air Doctor shall be deemed restricted in scope or otherwise modified to the extent necessary to render the remaining provisions of Your agreement with Air Doctor valid and enforceable.
Service Memberships
Our Service Memberships are intended to reduce breakdowns by inspecting your HVAC system and making you aware of any potential issues that we find. A Service Membership is NOT a guarantee that your system will never break. Some components are going to break regardless of how many times you get your equipment inspected. Air Doctor Services is not responsible to warranty any component failure of the HVAC system during the Service Membership period based solely on the inspection process. Normal company service and installation warranties still apply.
By signing and/or paying I have the authority to approve the work outlined in the estimate or invoice by Air Doctor Services Inc. and am agreeing to the terms outlined in this document. I agree Air Doctor retains ownership to equipment, materials, labor furnished until payment is made in full. If full payment is not made within 30 days Air Doctor can remove any equipment, materials, and procedures from the job site at my expense. I agree to administrative collection fees of: 1.5% per month added to the balance, $15 per collection attempt (phone call or email), and all legal costs incurred for collection. I agree to allow Air Doctor on site to remove equipment, materials, or undo procedures if full payment is not received.