Terms and Conditions for Varsity Zone HVAC of Scottsdale

These Terms and Conditions govern all HVAC products and services provided by Bom Vento Inc., dba Varsity Zone HVAC of Scottsdale (Varsity Zone) to the purchaser or homeowner (Client).  By requesting products or services from Varsity Zone, the Client agrees to be bound by these terms.

1. Services Provided
1.1. Varsity Zone offers a full range of HVAC services including installation, repair, maintenance, and inspection of heating, ventilation, and air conditioning and indoor air quality systems for residential and light commercial properties.  Varsity Zone is licensed to provide HVAC services, and all services are performed according to Arizona state laws and applicable county and municipal regulations.
1.2. Appointments can be scheduled via phone, email, or through our website.
1.3. Varsity Zone strives to arrive within the agreed service window but are not liable for delays due to traffic, weather, or unforeseen events.

2. Terms of Service
2.1. No other work except as specified by Varsity Zone’s quotation will be performed.  Work will begin following the Client’s approval or approval of the Client's credit, as applicable.
2.2. All work will begin on a date and time mutually agreed upon by Varsity Zone and the Client.
2.3. All sales are final.  
2.4. Varsity Zone or any party action on Varsity Zone’s behalf do not and will not install or furnish any labor material or labor on a trial basis.  

3. Pricing and Payments
3.1. Varsity Zone charges a diagnostic fee of $89 for repair visits.
3.2. Unless otherwise specified, payment is due upon the completion of work.  Accounts are considered past due 15 days after the payment due date.  Past due accounts are subject to a 2 percent (2%) per month late charge.
3.3. Estimates are provided before service begins and are subject to change if unforeseen issues arise.
3.4. Varsity Zone reserves the right to cancel the agreement and return any deposit, if applicable, made by Client(s) in the event Client's credit is found to be unsatisfactory.
3.5. The Client(s) acknowledge that no payment for referrals has been made or offered as an inducement for the purchase.

4. Limited Parts and Labor Warranty
4.1. Varsity Zone will repair or replace all eligible comfort system components on air conditioners, heat pumps, furnaces, air handlers, programmable thermostats and electronic cleaners if a failure for a period that is defined in this contract.
4.2. Any labor that exceeds the quoted price will not be charged to the Client.
4.3. The warranty period begins from the date of installation and is valid for the time-period that is indicated on the invoice.

5. Warranty Limitations
5.1. Eligible components include components of equipment purchased from and installed by Varsity Zone.  The following are not included in the Limited Parts and Labor Warranty:
5.2. Air and water filters, water flow centers, clogged condensate drain lines and pumps, refrigerant lines, ducting, dual fuel boards, zoning boards, non-steam humidifiers, and electrical wiring external to the equipment.
5.3. Repairs to correct failure from acts of God, fire, water, storms, earthquake, faulty power, misuse and abuse, or owner’s failure to comply with the Owner’s Responsibility (below).
5.4. Defects or damage that affect only the appearance or aesthetics of the equipment, including but not limited to paint and cabinet parts, rust, and corrosion that are natural to aging equipment and that do not affect the operability of the equipment.
5.5. Items normally to be periodically replaced by the equipment owner during the product’s life such as air and water filters, UV lamps, humidifier pads, batteries, etc.
5.6. Repair or replacement of parts that are no longer available from the original manufacturer or distributor.
5.7. The Limited Parts and Labor Warranty is not a contract of insurance.

6. Warranty Claims
6.1. If the Client believes that the product or system provided by Varsity Zone are malfunctioning, the Client may contact Varsity Zone, 480-590-4647.  Varsity Zone will determine whether the item is covered under the Warranty and if it is, establish a time to inspect and diagnose the malfunctioning products.
6.2. Varsity Zone will inspect and diagnose the product or system at the Client’s residence where the product or system is located.  The Client should not attempt to repair, remove, or move the product or system from their site of installation.  Any such attempts by the Client, will void the Warranty with Varsity Zone and possibly, void the Manufacturer’s warranty.
6.3. If Varsity Zone determines that parts contained in the product or system must be replaced, Varsity Zone will replace the failed parts at no cost to the Customer.
6.4. The Client must carefully review the terms and conditions of this Warranty in order to fully understand the Client’s rights and responsibilities and to avoid breaching the terms of this Warranty.

7. Warranty Transfer
7.1. If the Client sells their home within the original warranty term, the balance of the Limited Parts and Labor Warranty will be transferrable to the new owner within 30 days of the transfer of ownership of the home.
7.2. To transfer the Warranty, the Client must contact Varsity Zone in writing or via email.  Written requests may be sent to 1403 W. 10th Place, Suite B-121, Tempe, AZ 85281.  Email requests may be sent to VZ101@varsityzone.com.  
7.3. In the event, any annual maintenance was performed on the system by any other company or person, the records of the annual maintenance performed.  If any maintenance was performed by a non-licensed person or company, Varsity Zone will not transfer the Limited Parts and Labor Warranty.

8. Availability of Service
Varsity Zone is not liable for any damages sustained by the Client or any other person or entity, whatsoever, arising out of delays in providing repairs or service, either before or after a day or time of service is agreed upon.

9. Warranty Buyout
In the event of a covered claim, Varsity Zone may elect, in its sole and unilateral discretion, to buyout the Warranty during the coverage term for the lesser of (a) current market value of a product or system with equivalent specifications or(b) the retail price paid for Client’s product or system minus sales tax, claims paid, and delivery and installation charges.  When determining the current market value of a product or system with equivalent specifications, a fair analysis is completed using current.  Manufacturers' and distributors' pricing on comparable products.  All contractual obligations of the Parties are considered fulfilled upon buyout of the product or system.

10. Client Responsibility
10.1. The Client is responsible for the following:
10.1.1. Ensuring safe working conditions, including access to attics, crawl spaces, or rooftops.
10.1.2. Securing pets and children during service visits.
10.1.3. Informing Varsity Zone of known hazards such as asbestos or electrical issues.
10.1.4. Weather protection of any product or system that is exposed to the elements.
10.2. Client agrees to make the product or system accessible to Varsity Zone.  
10.3. If the product or system is not accessible, the repair person will have the option of declining to provide service or assessing the Client an added charge(s) for wait time, based on Varsity Zone’s then-current hourly rate.
10.4. Client(s) represents that they are the owners(s) of the property address where the work is performed.
10.5. To be eligible for service under the Limited Parts and Labor Warranty specified in Section 4, the Client must follow all of the following:
10.5.1. Operate equipment per the manufacturer’s instructions and periodically replace items during the product life such as air and water filters, UV lamps, humidifier pads, batteries, and other items as listed in the owner’s use and care manual.
10.5.2. Perform annually all service and repairs not covered by our warranty and ensure that an authorized service provider makes such service and repairs.  Varsity Zone will assume no responsibility for repairs made by an unauthorized service provider.
10.5.3. Report all service issues promptly.
10.5.4. Failure to meet the above standards will void the Limited Parts and Labor Warranty.

11. Liability and Limitations
11.1. Varsity Zone or is not responsible for conditions resulting from existing facilities, proper drainage, water supply, electrical power, pump, sand in the water supply, condensation, weather, and other conditions beyond its control.  
11.2. Varsity Zone is not responsible for any damages caused by the malfunction of merchandise, goods or materials, or delay due to strikes, fire, accidents, material shortages, acts of God, or any other causes.
11.3. The Client agrees to indemnify and hold Varsity Zone harmless from any claims arising out of misuse of the HVAC system or failure to follow recommendations.
11.4. Varsity Zone’s liability is limited to the value of the services provided.
11.5. NEITHER VARSITY ZONE NOR THEIR AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS OR LICENSEES WILL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY COVERED EQUIPMENT. EXCLUSION IS MADE OF ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  THERE ARE NO EXPRESS OR IMPLIED WARRANTIES MADE HEREIN.

12. Lien on Materials
12.1. The Client grants to Varsity Zone a security interest and lien on all materials or goods covered by this agreement and said materials or goods shall not be considered to constitute a part of the realty to which it may be attached until the purchase prices is paid in full.  
12.2. Varsity Zone hereby acknowledges that it is not retaining a security interest in any real property and hereby waives any such security interest in said real estate which may be authorized under applicable state law.
12.3. Varsity Zone has express lien upon said materials or goods regardless of the manner in which the materials or goods are attached to the realty.  
12.4. In the event of default by the Client(s), including, but not limited to payment, of any amounts due and payable, Varsity Zone, may at once take possession of and remove, as and when it sees fit and wherever found, all materials or goods called for in this agreement without being guilty of trespassing.

13. Codes 
13.1. Varsity Zone will obtain required permits when applicable. 
13.2. All work will comply with Maricopa County building codes and Arizona state regulations. 
13.3. The Client is responsible for ensuring property compliance with HOA or community guidelines.

14. Governing Law
These Terms are governed by the laws of the State of Arizona and Maricopa County.  Any disputes shall be resolved in a court of competent jurisdiction in Maricopa County.

15. Default
If either party to this agreement defaults in their performance under this agreement, which default results in the expenditure of attorney's fees to enforce the terms of this agreement or to recover damages for breach of this agreement, the prevailing party shall receive their reasonable and actually incurred attorney's fees in addition to any other damages recovered.

16. Termination of Services
Varsity Zone reserves the right to terminate services if (a) unsafe conditions are present; (b) payment terms are violated; or (c) the client breaches these Terms and Conditions.

17. Changes
Varsity Zone reserves the right to change these Terms at any time without prior notice to Clients.

18. Entire Agreement
18.1. This agreement constitutes and expresses the entire agreement between the parties.  All other promises, undertakings, agreements, whether written or oral, are merged in this agreement.
18.2. In the event any part of this agreement is found to be void or in violation of any law, the remaining provisions of this agreement shall nevertheless be binding with the same effect as thought the void or unlawful parts were deleted.  

19. Complaints
The Client has the right to file a written complaint with the Arizona Registrar of Contractors within two years of the completion of the project.  The Registrar of Contractors can be contacted via telephone at 602-542-1525 or online at https://roc.az.gov.

Varsity Zone is committed to quality, integrity, and transparency.  Any questions, concerns, or issues regarding the services provided can be addressed by calling the Varsity Zone office at 480-590-4647.