Terms and Conditions Commercial

ADVANCED PROBLEM SOLUTIONS: COMMERCIAL HVAC SERVICE TERMS & CONDITIONS
Advanced Problem Solutions, LC ("APS")

Updated January 1, 2026
Des Moines, Iowa

These Commercial HVAC Service Terms & Conditions apply to commercial HVAC diagnostic, maintenance, repair, replacement, installation, emergency service, and related work performed by Advanced Problem Solutions, LC ("APS"). These Terms are incorporated into APS proposals, estimates, service tickets, work orders, maintenance agreements, and invoices unless different terms are specifically stated in writing.
Acceptance of an APS proposal, authorization of work, issuance of a purchase order, electronic approval, signature, or authorization for APS to begin work constitutes acceptance of these Terms & Conditions.
1. Scope of Work
APS will perform only the services specifically described in the applicable proposal, estimate, service ticket, maintenance agreement, or written authorization.
Work not specifically included in the approved scope is considered additional work and may result in additional charges.
Unless expressly stated otherwise, APS proposals do not include:

Electrical work outside the immediate HVAC equipment connection
Structural repairs or modifications
Roofing or roof repair
Asbestos, mold, lead, or hazardous-material remediation
Fire alarm or fire suppression work
Building automation or controls work outside the stated scope
Engineering or architectural services
Crane, lift, scaffolding, or specialized access unless specifically included
Code upgrades unrelated to APS's contracted work
Concealed conditions not reasonably visible prior to beginning work
Repair of pre-existing deficiencies
Work required because of another contractor's installation, repair, alteration, or diagnosis

Any additional work will require authorization and will be billed separately.
2. Diagnostic & Service Charges
Commercial diagnostic and service time is billable.
A customer's description of a problem, another contractor's diagnosis, an error code, or a customer's requested repair does not eliminate APS's responsibility to independently evaluate the equipment.
APS may require its own diagnostic evaluation before repairing or replacing components when APS is expected to warranty or stand behind the completed work.
Diagnostic charges compensate APS for technician time, travel, equipment evaluation, troubleshooting, documentation, and professional expertise and are due regardless of whether the customer authorizes the recommended repair.
3. Authorization to Perform Work
The customer represents that the individual requesting or approving service has authority to authorize work for the property or organization.
Authorization may be provided by:

Signed proposal or service ticket
Electronic approval
Email
Text message
Purchase order
Recorded telephone authorization
Written authorization from an authorized representative

Once work has been authorized and materials ordered or labor performed, the customer is responsible for the applicable charges.
4. Purchase Orders
If the customer's organization requires a purchase order ("PO"), the customer is responsible for providing the PO before service is performed whenever reasonably possible.
A customer's internal PO requirement does not eliminate responsibility for authorized services already performed.
Emergency service may proceed without a PO when authorized by an authorized customer representative.
APS may delay scheduling future service until required purchase orders have been provided.
Additional administrative time required to repeatedly obtain missing purchase orders, correct customer-specific billing requirements, or resubmit invoices because required information was not provided before service may be billed when permitted by the applicable agreement.
5. Pricing
APS may use flat-rate, quoted, fixed-price, hourly, time-and-material, or project pricing depending upon the work being performed.
Where flat-rate or quoted pricing is provided, APS is not required to provide a separate breakdown of internal labor hours, material costs, overhead, markup, or profit.
Quoted pricing reflects the complete professional service being provided and may include labor, materials, technician expertise, vehicles, tools, insurance, training, warranty responsibility, administrative support, overhead, and other costs of providing the service.
Pricing is valid only for the period stated on the proposal.
6. Estimates & Unforeseen Conditions
Estimates are based upon conditions reasonably observable at the time they are prepared.
HVAC systems and commercial buildings may contain concealed or unknown conditions that cannot reasonably be identified before work begins.
Examples include:

Failed components discovered after another repair is completed
Concealed electrical defects
Damaged wiring
Restricted ductwork
Failed controls
Refrigerant contamination
Refrigerant leaks
Improper previous installation
Code deficiencies
Structural problems
Inaccessible equipment
Damaged piping
Obsolete equipment or parts

APS will notify the customer when reasonably practical if additional work is required.
Additional work is not included in the original price unless specifically stated.
7. Customer Responsibilities
The customer shall provide APS with:

Safe and reasonable access to equipment
Access to mechanical rooms, rooftops, electrical rooms, and controlled areas
Required keys, access cards, security clearance, or escorts
Accurate equipment and building information when available
Information regarding known hazards
Reasonable access to utilities necessary to perform the work
A safe work environment
Required shutdown authorization when applicable

The customer is responsible for notifying APS of asbestos, mold, chemicals, hazardous materials, biological hazards, unsafe structural conditions, or other known hazards.
APS may suspend work when conditions are unsafe.
8. Site Access & Waiting Time
Time spent waiting for customer access, escorts, security clearance, equipment shutdown, building personnel, keys, permits controlled by others, or other customer-related delays may be billable.
If APS is dispatched to a site and cannot perform work because access was unavailable or the customer was not prepared for the scheduled service, applicable trip, travel, diagnostic, or labor charges may still apply.
9. Regular & After-Hours Service
Unless specifically stated otherwise, quoted work is based on APS's normal business hours.
Work requested outside normal business hours, including evenings, weekends, holidays, emergency calls, or work requiring overtime labor, may be billed at applicable premium rates.
If a project extends beyond normal working hours at the customer's request or because of site restrictions imposed by the customer, additional charges may apply.
10. Parts & Materials
APS may use manufacturer-original, manufacturer-approved, aftermarket, equivalent, or commercially appropriate parts unless a specific product is required by the agreement.
Parts availability and delivery dates are outside APS's complete control.
Special-order and nonreturnable materials may require advance payment and may not be refundable after ordering.
APS is not responsible for manufacturer or supplier delays.
11. Customer-Supplied Equipment or Parts
APS does not warrant customer-supplied equipment, parts, controls, thermostats, refrigerant, or materials.
When APS agrees to install customer-supplied materials, APS's warranty applies only to APS's workmanship unless otherwise stated in writing.
Additional labor required because a customer-supplied product is defective, incorrect, incomplete, incompatible, or damaged is billable.
12. Refrigerant
Refrigerant is billed separately unless specifically included in the approved scope.
The quantity required cannot always be determined before service is performed.
APS will handle refrigerant in accordance with applicable environmental and industry requirements.
The addition of refrigerant does not guarantee that an existing system is leak-free.
When evidence of refrigerant loss exists, APS may recommend additional leak detection, repair, recovery, evacuation, component replacement, or other corrective work.
Such work is additional unless specifically included.
13. Maintenance Services
Preventive maintenance reduces the likelihood of equipment failure but does not guarantee uninterrupted operation or eliminate breakdowns.
Maintenance agreements cover only the services expressly identified in the agreement.
Unless specifically included, maintenance agreements do not cover:

Repairs
Replacement parts
Refrigerant
Emergency service
Equipment replacement
Water treatment
Electrical repairs
Controls replacement
Damage caused by external conditions
Abuse or misuse
Freeze damage
Flooding
Power problems
Acts of nature
Work performed by others

Equipment may fail even when properly maintained.
14. Existing Equipment Condition
APS is not responsible for pre-existing equipment defects, improper installation, deferred maintenance, corrosion, contamination, age-related deterioration, code deficiencies, or previous repairs performed by others.
Servicing one component does not create responsibility for the condition or future performance of unrelated components.
15. Equipment Age & Obsolescence
APS may recommend replacement rather than repair when equipment is obsolete, unsafe, unreliable, inefficient, or when replacement parts are unavailable.
If a customer elects to repair equipment after being advised that replacement is recommended, APS does not guarantee the future reliability of the remaining equipment.
16. Warranty
APS warrants its workmanship only for the period specifically stated on the applicable proposal, invoice, service ticket, maintenance agreement, or written APS warranty.
Manufacturer warranties are separate from APS workmanship warranties and are governed solely by the manufacturer's terms, conditions, exclusions, registration requirements, and approval process.
If a manufacturer-covered part fails during the manufacturer's warranty period, APS will make reasonable efforts to assist the customer with processing the applicable manufacturer parts warranty.
However, manufacturer parts warranties generally cover the replacement part only unless the manufacturer specifically provides labor coverage.
Unless APS has expressly provided a separate written labor warranty:

APS is not responsible for labor charges associated with diagnosing a failed manufacturer part.
APS is not responsible for labor required to remove the failed part.
APS is not responsible for labor required to install the replacement warranty part.
APS is not responsible for shipping, freight, handling, refrigerant, crane, lift, access, disposal, travel, or other costs associated with a manufacturer warranty claim unless specifically covered by the manufacturer or expressly agreed to by APS in writing.
Diagnostic charges may apply to determine whether a component has failed and whether the failure qualifies for manufacturer warranty coverage.
APS cannot guarantee that a manufacturer will approve a warranty claim.

A manufacturer's decision to provide a replacement part does not create an obligation for APS to provide labor at no charge.
16.1 Manufacturer Warranty Parts
Where a manufacturer approves a covered part under warranty, APS may obtain or facilitate replacement of the part in accordance with the manufacturer's warranty procedures.
The customer remains responsible for all labor and other charges not reimbursed or covered by the manufacturer.
Example:
If a compressor, motor, control board, heat exchanger, valve, sensor, or other component is replaced under a manufacturer's parts warranty, the replacement component may be provided at no charge or reduced charge by the manufacturer; however, APS labor to diagnose, remove, replace, start up, test, and verify operation remains billable unless a separate APS labor warranty applies.
16.2 APS Labor Warranty
An APS labor warranty applies only when specifically stated in writing.
The length and scope of labor coverage may vary depending on:

Type of repair
Equipment
Installation package
Maintenance status
Customer agreement
Manufacturer program
Specific written proposal

If no labor warranty is stated, no complimentary labor coverage should be assumed.
16.3 Warranty Exclusions
Warranty coverage does not apply to failures caused by or related to:

Customer-supplied parts or equipment
Components APS did not replace
Pre-existing conditions
Improper maintenance
Dirty filters
Drain blockages unrelated to APS workmanship
Refrigerant leaks unrelated to APS workmanship
Power failures
Voltage irregularities
Electrical surges
Utility problems
Lightning
Flooding
Fire
Freeze damage
Water damage
Corrosion
Abuse or misuse
Neglect
Vandalism
Acts of nature
Improper building conditions
Improper operation
Modifications by the customer
Alteration or repair by another contractor
Failure of unrelated equipment
Manufacturer defects outside APS workmanship

16.4 Warranty Diagnostics
A request for warranty service does not automatically mean the visit is free.
APS may perform a diagnostic evaluation to determine:

What component failed
Why the component failed
Whether the failure is covered by manufacturer warranty
Whether the failure is related to previous APS workmanship
Whether another condition caused or contributed to the failure

If the issue is not caused by covered APS workmanship, applicable diagnostic, labor, travel, refrigerant, material, or other service charges may apply.
16.5 Work Performed by Others
Warranty work must be authorized by APS when APS labor warranty coverage is being requested.
Repairs, modifications, adjustments, or alterations performed by another contractor or unauthorized party may void applicable APS workmanship warranty if those actions affect the work previously performed by APS.
16.6 No Extension of Manufacturer Warranty
APS does not extend, expand, or modify a manufacturer's warranty.
Any representation regarding manufacturer coverage is subject to final approval by the manufacturer.
A manufacturer's replacement part may carry only the remaining balance of the original warranty unless the manufacturer provides otherwise.
17. No Guarantee of Future Equipment Performance
Completion of a repair restores or addresses the condition specifically identified at the time of service.
HVAC systems contain numerous independent electrical, mechanical, refrigerant, combustion, and control components.
APS cannot guarantee that another component will not fail after a repair has been completed.
A subsequent failure does not automatically mean the original repair was defective.
18. Code Compliance
APS will perform its contracted work in substantial compliance with applicable codes within the scope of work.
Existing code violations or conditions unrelated to APS's work are not included unless specifically identified.
If an authority having jurisdiction requires additional work that could not reasonably have been anticipated, the additional work may result in additional charges.
19. Permits & Inspections
Permits and inspection fees are included only when specifically stated.
When APS obtains a permit, the customer shall provide reasonable access for required inspections.
Corrections required because of existing conditions or work performed by others are not APS's responsibility.
20. Payment Terms
Unless otherwise stated in writing, payment is due according to the terms shown on the proposal or invoice.
APS reserves the right to require:

Deposits
Progress payments
Payment upon completion
Credit card authorization
ACH payment
Retainers
Advance payment for equipment or special-order materials

Customers with delinquent accounts may be placed on credit hold.
APS may require past-due balances to be paid before additional non-emergency service is scheduled.
21. Late Payments
Past-due balances may be subject to late charges or finance charges at the rate stated on the invoice or agreement, up to the maximum amount permitted by applicable law.
Customer is responsible for reasonable costs incurred in collecting delinquent balances to the extent permitted by law, including collection costs, filing fees, court costs, and reasonable attorney fees when legally recoverable.
Acceptance of a late or partial payment does not waive APS's right to collect the remaining balance.
22. Disputed Invoices
Any billing concern should be reported promptly after receipt of the invoice.
The customer shall identify the specific disputed charge and the reason for the dispute.
Amounts not reasonably disputed remain due according to the invoice terms.
A customer's internal approval process does not extend agreed payment terms unless APS agrees in writing.
23. Taxes
Applicable sales, use, excise, or other taxes are the customer's responsibility unless the customer provides valid documentation establishing an applicable exemption before invoicing.
The customer is responsible for the accuracy and validity of any exemption certificate provided to APS.
24. Scheduling
Scheduling dates and completion dates are estimates unless APS expressly agrees in writing to a guaranteed date.
APS is not responsible for delays resulting from circumstances beyond its reasonable control, including:

Parts shortages, Manufacturer delays, Transportation delays, Labor shortages, Weather, Utility interruption, Government action, Permit delays,Inspection delays, Customer delays, Site conditions, Acts of God, Emergencies or Supply-chain interruptions

25. Emergency & Temporary Repairs
Emergency or temporary repairs may be intended only to restore temporary operation until permanent repairs can be completed.
APS does not guarantee the duration of a temporary repair.
Additional permanent repair work is billable unless expressly included.
26. Damage to Concealed or Unknown Conditions
APS is not responsible for damage caused by concealed, deteriorated, improperly installed, undocumented, or defective building components that could not reasonably have been identified before work began.
This includes concealed piping, wiring, roofing, structural components, utilities, or other systems not identified to APS.
27. Hazardous Materials
APS does not perform asbestos, lead, mold, biological, chemical, or hazardous-material remediation unless specifically contracted and properly licensed to do so.
If suspected hazardous materials are encountered, APS may stop work until the condition has been evaluated and made safe.
Associated delays and additional costs are the customer's responsibility unless caused by APS.
28. Work Performed by Others
APS is not responsible for the workmanship, design, diagnosis, installation, programming, alterations, or repairs performed by other contractors or customer personnel.
If another party modifies APS's completed work, APS may require a new diagnostic visit before performing additional service or warranty work.
29. Limitation of Liability
To the fullest extent permitted by applicable law, APS shall not be liable for indirect, incidental, special, exemplary, or consequential damages arising from equipment failure, loss of heating or cooling, business interruption, lost revenue, lost product, loss of use, tenant claims, or similar economic losses, except to the extent such limitation is prohibited by law.
APS's responsibility is limited to the services and work specifically contracted and performed by APS.
30. Customer Property & Business Operations
Commercial HVAC equipment may serve critical operations, inventory, occupants, tenants, technology, food products, medical operations, manufacturing processes, or other business functions.
The customer is responsible for maintaining appropriate emergency procedures, backup systems, temperature monitoring, alarms, and business-continuity measures appropriate for its operations.
APS does not assume responsibility for the customer's business-continuity planning merely by servicing HVAC equipment.
31. Insurance Claims
The customer remains responsible for payment to APS regardless of insurance coverage.
APS does not guarantee that an insurer will reimburse any service, repair, equipment, or replacement cost.
Insurance claim processing does not extend payment terms unless APS agrees otherwise in writing.
32. Ownership of Installed Materials
To the extent permitted by applicable law, materials and equipment supplied by APS remain subject to APS's lawful payment and lien rights until amounts due for the work have been paid.
Nothing in these Terms waives any mechanic's lien, collection, contract, or other remedy available to APS under applicable law.
33. Customer Cancellation
Scheduled work may be subject to cancellation or restocking charges when APS has committed labor, ordered equipment, purchased special materials, rented equipment, obtained permits, or incurred other project costs.
Special-order items may be noncancelable and nonrefundable.
34. Changes to the Work
Changes requested after approval may affect both price and schedule.
APS is not required to perform additional or changed work without authorization.
Email, electronic approval, signed service ticket, purchase order, or other documented authorization may constitute approval of a change.
35. Photographs & Documentation
APS may photograph equipment, components, model and serial numbers, site conditions, completed work, deficiencies, and other conditions relevant to documenting service.
Such photographs become part of APS's service records.
APS will not intentionally disclose confidential customer information except as reasonably necessary for business, warranty, legal, safety, or compliance purposes.
36. Electronic Communications & Signatures
Electronic signatures, approvals, emails, text messages, customer-portal approvals, and other electronic authorizations may be relied upon as authorization to perform work and may have the same effect as written approval where legally permitted.
37. Entire Agreement
The applicable APS proposal, quote, maintenance agreement, work order, approved change orders, and these Terms constitute the agreement between APS and the customer regarding the applicable work.
Customer purchase-order terms, vendor portal terms, or other customer-generated terms do not modify APS's Terms unless APS expressly accepts those terms in writing.
38. Severability
If any provision of these Terms is determined to be unenforceable, the remaining provisions remain effective to the fullest extent permitted by law.
39. Governing Law
These Terms shall be governed by the laws of the State of Iowa unless another governing law is expressly agreed to in writing.
40. Acceptance
By approving an APS proposal, requesting APS service, authorizing work, signing a service ticket, issuing a purchase order, or permitting APS to proceed with authorized work, the customer acknowledges and accepts these Commercial HVAC Service Terms & Conditions.
ADVANCED PROBLEM SOLUTIONS, LC
Commercial HVAC • Plumbing • Service • Maintenance
Smart Solutions. Honest Service. Guaranteed Results.