Terms and conditions

SETPOINT REFRIGERATION LLC

**TERMS & CONDITIONS**

**1. Scheduling & New Customers**

All new customers are C.O.D. unless credit terms have been approved in writing. A valid credit card must be securely maintained on file to schedule service. The card serves as a backup payment method and will not be charged automatically upon completion of service.

**2. Diagnostic & Service Call Fees**

A diagnostic fee applies to all service appointments, regardless of whether repairs are performed or approved. The diagnostic fee includes up to one hour of on-site troubleshooting and diagnosis only. Repairs, additional labor, parts, and materials are billed separately.

A mandatory truck charge applies in addition to the diagnostic fee. This charge varies based on the distance from the nearest available technician to the service location. Applicable diagnostic and truck charges will be disclosed before service is authorized.

Diagnostic fees are payable regardless of whether the equipment can be repaired, parts are available, or the customer approves recommended repairs. Diagnosis does not guarantee identification of every existing or potential equipment defect.

**3. Payment Terms**

- **Residential Customers:** Payment is C.O.D. (Cash on Delivery), due immediately upon completion of service, unless otherwise agreed in writing.

- **Commercial Customers:** Payment is due upon completion unless Net 30 credit terms have been approved in writing.

- **Approved Commercial Accounts:** Net 30 terms begin upon job completion unless otherwise specified in a written agreement.

- **Late Payments:** Overdue balances may incur a disclosed late charge and interest up to 1.5% per month (18% annually), or the maximum permitted by applicable law, whichever is less. Charges will not be duplicated or compounded in violation of applicable law.

Setpoint Refrigeration LLC reserves the right to suspend future non-emergency service, revoke credit privileges, or require advance payment on overdue accounts.

**4. Credit Card on File & Authorization**

A valid credit card is required on file before scheduling service. Customers may pay by any accepted payment method within their applicable payment terms.

If payment is not received by the invoice due date, Setpoint Refrigeration LLC may charge the card on file for the outstanding, authorized invoice balance, including applicable lawful fees, only where the customer has provided separate, explicit authorization for such charges.

Customers will receive an invoice identifying the amount owed. Disputed charges will be reviewed before any backup payment is processed. Credit card information will be maintained through an approved, secure payment processor.

**5. Accepted Payment Methods**

Cash, checks, credit cards, and approved electronic bank transfers (ACH) are accepted.

A 3% discount may be offered for qualifying cash payments made at the time of service, provided the discount is properly disclosed. No additional surcharge will be imposed for using a credit card.

**6. Deposits & Special Orders**

Service or installation projects exceeding $5,000 generally require a 50% deposit before work begins, unless otherwise agreed in writing.

Deposits are applied toward the project balance. If a project is canceled, Setpoint Refrigeration LLC may retain or recover documented, nonrecoverable costs and charges for authorized work performed, subject to applicable cancellation and refund laws.

Custom, special-order, and nonreturnable equipment may require advance payment. Applicable cancellation restrictions will be disclosed before ordering.

**7. Estimates, Repairs & Additional Work**

Diagnostic service does not include repairs unless separately authorized. Repair recommendations and estimates are based on conditions reasonably identifiable during inspection.

Additional defects, concealed damage, code deficiencies, or unforeseen conditions may require additional work and charges. Such work requires customer authorization before proceeding, except where immediate action is necessary to address an imminent safety hazard and is otherwise legally permitted.

Estimates for planned installations or replacements may be provided at Setpoint Refrigeration LLC's discretion. Troubleshooting, equipment evaluations, and diagnostic visits are billable services unless expressly stated otherwise.

**8. Scheduling & Seasonal Availability**

Preventive maintenance is intended primarily for operational equipment and should be scheduled before peak heating or cooling seasons.

Equipment requiring repair may need diagnostic service before maintenance can be completed. Maintenance appointments, installations, and non-emergency work may be rescheduled or limited during periods of high demand, severe weather, or emergency service conditions.

Appointment dates and arrival windows are estimates unless expressly guaranteed in writing.

**9. After-Hours & Emergency Service**

Evening, weekend, holiday, and emergency services are subject to premium labor rates and applicable travel charges. Minimum billing periods may apply.

Applicable rates and charges will be disclosed before dispatch or service authorization whenever practicable.

**10. Severe Weather & Unsafe Conditions**

Additional charges may apply when service requires travel or work during extreme heat, severe cold, active weather alerts, hazardous roads, or other unusually dangerous conditions.

Any applicable weather-related surcharge will be disclosed before scheduling or dispatch.

Setpoint Refrigeration LLC reserves the right to delay, reschedule, or discontinue work when conditions present unreasonable safety risks.

**11. Cancellations, No-Shows & Access**

Customers are requested to provide at least 24 hours' notice when canceling or rescheduling appointments through an approved company communication channel.

Late cancellations, no-shows, or failure to provide safe and reasonable access may result in a previously disclosed cancellation or dispatch charge reflecting applicable reserved time, travel, or incurred costs.

No cancellation charge will apply where prohibited by law or where the customer exercises a statutory cancellation right.

Customers must provide safe access to equipment, electrical panels, mechanical rooms, rooftops, and other required work areas.

**12. Permits, Inspections & Code Compliance**

All work will be performed in accordance with applicable licensing, permitting, and code requirements.

Required permits will be obtained by the legally responsible party before work begins. Permit fees, inspections, and required corrections to preexisting conditions are included only when expressly specified in the approved scope of work.

Additional work required by inspectors or authorities may result in additional charges subject to customer approval.

**13. Existing Equipment & Site Conditions**

Setpoint Refrigeration LLC is not responsible for preexisting defects, improper installations, deferred maintenance, concealed damage, or unrelated equipment failures unless caused by our negligent work.

Servicing or repairing one component does not guarantee the condition or continued operation of other components or the overall system.

Customers are responsible for informing technicians of known hazards, prior repairs, recurring failures, and unusual operating conditions.

**14. Refrigeration & Temperature-Sensitive Products**

Customers are responsible for monitoring refrigeration and freezer temperatures and maintaining appropriate safeguards for food, medication, inventory, and other temperature-sensitive products.

Customers must promptly take reasonable steps to protect or relocate products when equipment is malfunctioning or unable to maintain required temperatures.

To the extent permitted by law, Setpoint Refrigeration LLC is not responsible for product spoilage, inventory loss, lost revenue, or business interruption arising from equipment failures not caused by its negligence or breach of contractual obligations.

**15. Warranty**

Unless otherwise specified in writing, Setpoint Refrigeration LLC provides a 30-day workmanship warranty on labor performed.

The workmanship warranty covers defects directly resulting from the original work and does not extend to unrelated failures, preexisting conditions, misuse, lack of maintenance, or work performed by others.

Parts and equipment may carry separate manufacturer warranties subject to manufacturer terms. Manufacturer warranties do not automatically include labor, travel, diagnostic charges, refrigerant, or related expenses.

Nothing in these terms excludes warranties or remedies that cannot legally be waived.

**16. Limitation of Liability**

To the extent permitted by applicable law, Setpoint Refrigeration LLC is not liable for indirect or consequential losses, including lost profits or business interruption, arising from circumstances outside its reasonable control.

For claims where a contractual limitation is legally permitted, liability arising from a specific service is limited to the amount paid for that service.

These limitations do not exclude liability for negligence, gross negligence, willful misconduct, statutory violations, or other liability that cannot lawfully be limited.

**17. Returned Payments & Collections**

Returned checks may be subject to a service charge of up to $20 where permitted by Connecticut law. Failed electronic payments may be subject to actual, reasonable, disclosed processing costs where legally permitted.

Accounts remaining unpaid after 45 days may be referred for collection following appropriate notice.

Customers are responsible for reasonable, legally recoverable collection costs, court costs, and attorney's fees only to the extent permitted by applicable law and an enforceable agreement.

**18. Customer Authorization & Agreement**

By signing an estimate, work order, service authorization, or other applicable agreement, the customer authorizes the work and charges described in that agreement and accepts these Terms & Conditions.

Scheduling alone does not authorize unlimited repairs or additional charges.

Authorization to charge a stored payment card for overdue balances requires separate affirmative consent.

Where applicable law requires a signed residential contract, additional disclosures, cancellation notices, or other formalities, those requirements control over these general terms.

**19. Governing Law**

These Terms & Conditions are governed by applicable Connecticut law for work performed in Connecticut. Any provision found unenforceable shall be limited or severed without affecting the remaining enforceable provisions, to the extent permitted by law.