Terms of service.
Terms and Conditions
Field Industries LLC Terms & Conditions
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Contents:
1. Acceptance
2. Payments
3. Warranty
4. Cancelation Policy
5. Refund Policy
6. SMS Marketing Terms and Conditions
7. Intellectual Property
8. Confidentiality
9. Liability and Indemnification
10. Governing Law and Jurisdiction
11. Severability
12. Force Majeure
13. Amendments and Modifications
14.Claims and Disputes
15.Entire Agreement
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1.Acceptance of Terms
By engaging in any business transaction with Field Industries LLC, including but not limited to purchasing products or services, the Consumer agrees to be bound by these terms and conditions. It is recommended that the Consumer carefully reads and understands these terms, and if necessary consult with an attorney, before proceeding with any transaction.
2. Payment
2.1 Pricing and Invoicing
The Consumer agrees to pay the amount agreed upon for the products or services provided by Field Industries LLC. The pricing details will be specified in the invoice. If a down payment is required, it must be made upon receiving the invoice. The remaining balance is due upon completion of the project or as otherwise specified. Approval of an estimate constitutes an agreement between the consumer and Field Industries LLC
2.2 Withholding Payment
The Consumer shall not withhold payment for any reason without prior written agreement from Field Industries LLC. In the event of non-payment, Field Industries LLC reserves the right to pursue all available legal methods to collect payment. The Consumer will be responsible for any costs incurred, including attorney fees, collection fees, interest, and other associated costs.
3. Warranty
3.1 Workmanship Warranty
Field Industries LLC warrants its work to be free from defects in workmanship for a period of one year from the date of completion. If any defects arise within this period, Field Industries LLC will rectify the issue at no additional cost to the Consumer, provided the consumer has not misused, tampered with, disassembled, or contracted a 3rd party, including another HVAC service provider to perform service on the aforementioned work/equipment, and has complied with all other listed terms and conditions.
3.2 Manufacturer's Warranty
The Consumer acknowledges that certain products or components used in the project may carry separate warranties from their respective manufacturers. Field Industries LLC will provide the necessary information and documentation relating to these warranties. Any claims or issues arising from manufacturer's defects should be directed to the relevant manufacturer, and Field Industries LLC will not be held liable for such defects.
4. Cancellation Policy
If the Consumer wishes to cancel the project or order, they must provide written notice to Field Industries LLC within a specified period. Any cancellation requests received after this period may be subject to cancellation fees or charges as determined by Field Industries LLC.
5. Refund Policy
Refunds will be issued at the sole discretion of Field Industries LLC, may be issued in the following circumstances:
a) If Field Industries LLC is unable to fulfill the agreed-upon products or services due to unforeseen circumstances or inability to perform, a full refund will be provided to the Consumer.
b) If the Consumer cancels the project or order within the specified cancellation period and no work or services have been performed, a full refund will be provided, with the exception of non-refundable deposits, or for equipment that was custom ordered and cannot be returned to the manufacturer
c) If the Consumer cancels the project or order outside of the specified cancellation period and work or services have already been performed, a partial refund may be issued, taking into account the work completed and any applicable costs incurred by Field Industries LLC.
5.1 Non-Refundable Items or Services
Certain items or services may be non-refundable. This includes, but is not limited to, custom-made or specially ordered products, personalized services, or any items or services explicitly specified as non-refundable at the time of purchase.
5.2 Refund Procedure
To initiate a refund, the Consumer must submit a written refund request to Field Industries LLC, clearly stating the reason for the refund and providing any necessary supporting documentation.
5.3 Refund Processing
Field Industries LLC will review the refund request and notify the Consumer of the decision within a reasonable timeframe. If the refund is approved, Field Industries LLC will process the refund using the original method of payment, unless otherwise agreed upon by both parties.
5.4 Refund Timeframe
The time it takes for the refund to be processed and reflected in the Consumer's account may vary depending on the payment method and financial institution. Field Industries LLC will make reasonable efforts to process refunds promptly. Electronic transactions typically take 4-6 business days.
6. SMS Marketing Terms and Conditions
6.1 SMS
Opt-In to SMS Marketing: By providing your mobile phone number and opting in to receive SMS messages from Field Industries LLC, you consent to receive periodic marketing and informational text messages from us. Consent is not a condition of any purchase. Messages may include alerts, special offers, and information related to your account or transactions.
Message and Data Rates: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
How to Opt-Out: If you wish to stop receiving SMS messages from Field Industries LLC, you can reply the word STOP at any time. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
6.2 Privacy Policy
Field Industries LLC is committed to protecting your privacy. Your phone number, name, and any other information you provide are held in strict confidence. We do not sell or share your information with anyone else. Our use of your information is limited to the context of this SMS marketing program.
Data Sharing: We do not share your personal information with third parties for their promotional purposes. We may share information with service providers who assist us in carrying out the SMS marketing program, such as message delivery services, under confidentiality agreements.
Data Security: Field Industries LLC takes reasonable measures to protect the information we collect from or about you (including your PII) from unauthorized access, use, or disclosure. However, no internet or email transmission is ever fully secure or error-free. Please keep this in mind when disclosing any PII to us or to any other party via the internet.
Changes to This Policy: We may update this policy from time to time. When we do, we will post the new policy on this page and change the date at the top. We encourage you to review this policy periodically to stay informed about how we are protecting the information we collect.
7. Intellectual Property
The Consumer acknowledges that all intellectual property rights, including but not limited to trademarks, copyrights, patents, and trade secrets, associated with the products or services provided by Field Industries LLC are the exclusive property of Field Industries LLC or its licensors. The Consumer shall not reproduce, distribute, modify, or use any intellectual property without obtaining prior written consent from Field Industries LLC.
8. Confidentiality
Both parties agree to treat any non-public information obtained during the course of the business relationship as confidential. The Consumer shall not disclose any confidential information to third parties without the prior written consent of Field Industries LLC, except as required by law.
9. Liability and Indemnification
Field Industries LLC shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the products or services provided. The Consumer agrees to indemnify and hold Field Industries LLC, its employees, and representatives harmless from any claims, losses, damages, or expenses incurred due to the Consumer's use or misuse of the products or services.
9.1 Exclusion of Certain Damages
To the maximum extent permitted by applicable law, Field Industries LLC and its employees, representatives, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the products or services provided. This includes, but is not limited to, damages for loss of profits, revenue, data, or use, incurred by the Consumer or any third party, even if Field Industries LLC has been advised of the possibility of such damages.
9.2 Cap on Liability
The total liability of Field Industries LLC for any and all claims arising out of or in connection with the products or services provided shall be limited to the total amount paid by the Consumer for those specific products or services. This limitation of liability applies regardless of the form of action, whether in contract, tort, or otherwise.
9.3 Exceptions
The above limitations of liability shall not apply to the extent prohibited by applicable law and shall not limit liability for:
a) Death or personal injury caused by the negligence of Field Industries LLC;
b) Fraud, willful misconduct, or gross negligence of Field Industries LLC;
c) Breach of any obligations implied by applicable consumer protection laws that cannot be excluded or limited.
8.4 Allocation of Risk
The limitations of liability set forth in this section allocate the risks between the Consumer and Field Industries LLC. The Consumer acknowledges that these limitations are reasonable and essential for the continued provision of products and services by Field Industries LLC at the agreed-upon prices.
10. Governing Law and Jurisdiction
These terms and conditions shall be governed by and interpreted in accordance with the laws of the jurisdiction in which Field Industries LLC operates. Any disputes arising from or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
11. Severability
If any provision of these terms and conditions is deemed invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
12. Force Majeure
Field Industries LLC shall not be liable for any failure or delay in the performance of its obligations under these terms and conditions if such failure or delay is due to events beyond its reasonable control, including but not limited to acts of nature, war, terrorism, strikes, labor disputes, governmental regulations, or other causes beyond its reasonable control.
13. Amendments and Modifications
Field Industries LLC reserves the right to modify or amend these terms and conditions at any time. The Consumer will be notified of any changes in writing or through other suitable means. Continued engagement in business transactions with Field Industries LLC after the notification constitutes acceptance of the modified terms and conditions.
14. Claims and Disputes
The consumer understands that it must notify Field Industries LLC in writing at least 30 days before filing any legal action regarding a claim or dispute. The consumer also agrees to make a reasonable attempt to resolve any matter in an amicable manner before making taking any legal action.
14.1 Mediation
In the event of any dispute, controversy, or claim arising out of or relating to these terms and conditions or the business relationship between Field Industries LLC and the Consumer, both parties agree to first attempt to resolve the matter amicably through mediation. The parties will mutually select a qualified and neutral mediator to facilitate the resolution process.
14.2 Arbitration
If mediation fails to resolve the dispute within a reasonable time or is deemed inappropriate, both parties agree to resolve the dispute through binding arbitration. The arbitration will be conducted in accordance with the rules and procedures of a recognized arbitration institution mutually agreed upon by both parties.
14.3 Governing Law and Jurisdiction
If mediation and arbitration are not pursued or fail to provide a resolution, any unresolved dispute shall be governed by and interpreted in accordance with the laws of the jurisdiction in which Field Industries LLC operates. The parties agree to submit to the exclusive jurisdiction of the courts in that jurisdiction for the resolution of any such dispute.
14.4 Costs and Attorney's Fees
Each party shall bear its own costs, including legal fees and expenses, associated with any dispute resolution process, including mediation, arbitration, or litigation.
14.5 Equitable Relief
Notwithstanding the above provisions, either party may seek equitable relief from a court of competent jurisdiction to prevent irreparable harm or to enforce its rights under these terms and conditions without first engaging in mediation or arbitration.
15.Entire Agreement
These terms and conditions, along with any additional agreements or documents referenced herein, constitute the entire agreement between the Consumer and Field Industries LLC. Any prior understandings, representations, or agreements, whether written or oral, are superseded by these terms and conditions. By engaging in any business transaction, the Consumer acknowledges that these terms are reasonable, and accepts them unconditionally