Terms and
Conditions

By using our website, tcs-ma.com, you agree to these Terms and Conditions.

Introduction and Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website (the “Site”) and related services, features, and applications (collectively, the “Services”) of The Comfort Specialists, LLC (“Company,” “we,” “us,” or “our”), a limited liability company organized under the laws of the Commonwealth of Massachusetts. By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, you must not use the Site or Services.

We may modify these Terms at any time by posting revised Terms to the Site. Your continued use of the Site or Services after posting constitutes acceptance of such changes.

Definitions and User Categories

User means any individual or entity that accesses or uses the Site or Services.

Guest means a User who browses the Site without creating an account or establishing a customer relationship. Guests may view publicly available content but may not access features reserved for Customers or Members.

Customer means a User who has, at any time, purchased products or services from the Company, whether presently active or inactive.

Member means a Customer enrolled in the Company’s membership subscription program (the “Membership Program”) who maintains an active, paid monthly subscription and receives benefits and discounts as described herein and in any applicable Membership Services Agreement.

All Users are bound by these Terms. Where provisions apply only to a specific category, such applicability is noted.

Eligibility

You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement. By using the Site, you represent and warrant that you meet these requirements. If acting on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Account Registration

Customers and Members must create an account to access certain Site features. You agree to provide accurate, current, and complete registration information and to keep it updated. You are solely responsible for safeguarding your credentials and for all activity under your account. You must notify us immediately of any unauthorized access. The Company is not liable for losses arising from your failure to protect your account credentials.

Guest Access

Guests may browse publicly available content without creating an account but may not access features reserved for Customers or Members. The Company may limit or restrict Guest access at any time in its sole discretion.

Customer Terms

Customer Accounts

Customers may access order history, service scheduling, customer support, and other features as made available from time to time. Account features are subject to change without notice.

Purchases and Payments

All purchases are subject to the Company's pricing, payment, and refund policies as posted at the time of purchase. Prices may change without prior notice. The Company may refuse or cancel any order for any reason, including product or service unavailability, pricing errors, or suspected fraud. You agree to pay all charges at the prices in effect when incurred. All transactions are subject to Massachusetts consumer protection standards governing fair dealing, truthful advertising, and good-faith commercial practices.

For project-based work governed by a signed Estimate (which, together with any executed Change Orders, constitutes an "Agreement" as defined therein), the payment terms set forth in that Estimate (including any required deposit, late payment surcharges, interest, mechanic's lien rights under Massachusetts General Laws Chapter 254, and collection cost provisions) shall control. Where no signed Estimate exists, payment is due upon completion of services as set forth in the applicable Invoice.

Warranties

The Company warrants its workmanship for a period of one (1) year from the date of substantial completion of any project. Equipment and materials carry only the applicable manufacturer's warranty, copies of which will be provided upon request; the Company makes no independent warranty regarding equipment performance, lifespan, or suitability beyond the express terms of the signed Estimate.

Membership maintenance services are preventive in nature and do not constitute a warranty, guarantee, or insurance against equipment failure, breakdown, or malfunction. The Company expressly disclaims any liability for pre-existing defects, damage, wear, or system issues discovered during a maintenance cleaning, diagnostic, or inspection. Customer acknowledges that older or poorly maintained systems may have pre-existing conditions that the Company's services cannot remedy.

The warranty does not cover damage or failure caused by: (a) other contractors; (b) improper operation or maintenance by Customer; (c) power surges or electrical supply issues; (d) unauthorized modifications; or (e) force majeure events, including but not limited to acts of God, fire, flood, war, epidemic, natural disaster, labor dispute, or government action. Failure to perform recommended maintenance (including filter changes, seasonal tune-ups, or other manufacturer-specified service requirements) may void warranty coverage.

System Design Disclaimer

Where the Company is installing equipment to connect with an existing system designed, installed, or specified by others, the Company makes no representation or warranty regarding the adequacy of system design, sizing, capacity, or compatibility. Customer acknowledges the risks associated with connecting new equipment to systems not designed or verified by the Company, including potential oversizing, undersizing, reduced efficiency, accelerated wear, or voiding of manufacturer warranties. Customer releases and holds the Company harmless from any claims relating to system design deficiencies not caused by the Company.

Recommendations Not Performed

If the Company recommends repairs, upgrades, maintenance, or other options that are declined by Customer, and equipment failure, property damage, system inefficiency, or voiding of warranty occurs as a result, the Company is held harmless and shall have no liability therefor. Customer acknowledges that declining recommended work may affect system performance, longevity, warranty coverage, and code compliance.

Former Customers

Former Customers retain their Customer status and account access, subject to these Terms. The Company may deactivate inactive accounts at its sole discretion upon reasonable notice.

Membership Program

Enrollment and Tiers

Eligible Customers may enroll in the Membership Program through the Site, by telephone, or by contacting the Company directly. Enrollment is subject to the Company's approval. The Membership Program offers multiple tiers (e.g., Bronze, Silver, and Gold), each with distinct monthly pricing, benefits, and service levels as described on the Site and in the Membership Services Agreement. By enrolling, you select a tier and agree to pay the applicable monthly membership fee ("Membership Fee") and to comply with these Terms and the Membership Services Agreement.

Initial Term and Automatic Renewal

The Membership Services Agreement has an initial term of twelve (12) months beginning on the date of enrollment (the "Initial Term"). After the Initial Term, membership automatically renews on a month-to-month basis unless cancelled by the Member. By enrolling, Member acknowledges that: (a) membership will automatically renew month-to-month after the Initial Term; (b) the designated payment method will be charged each month until Member affirmatively cancels; and (c) Member may cancel at any time after the Initial Term without penalty. These automatic renewal disclosures are provided in compliance with Massachusetts consumer protection requirements.

Membership Fees and Billing

The Membership Fee is billed monthly on a recurring basis to the credit card, debit card, or bank account designated by Member at enrollment. You authorize the Company to charge your designated payment method on the same calendar day of each month. If a scheduled payment is declined, the Company will attempt to process payment again within five (5) business days; membership benefits may be suspended if payment remains unsuccessful and will be terminated automatically if payment remains delinquent for thirty (30) consecutive days. The Company may change the Membership Fee upon thirty (30) days' prior written notice (by email or U.S. mail); if you do not agree, you may cancel before the effective date of the change without penalty. Monthly fees are non-refundable once charged.

Membership Benefits and Discounts

Members in good standing receive benefits and discounts as described on the Site or in the Membership Services Agreement. Benefits may include discounted or waived diagnostic fees, free or discounted maintenance cleaning visits, percentage discounts on parts for repairs, priority scheduling over non-member customers, Loyalty Fund accrual toward a future HVAC system replacement, and multi-system add-on coverage (at applicable tiers). Benefits are subject to change at the Company's discretion upon reasonable notice of material changes. Priority Service means Members are scheduled before non-member customers but does not guarantee same-day or next-day service and is subject to technician availability.

Loyalty Fund

Members accrue Loyalty Fund credits at the annual rate specified for their tier level, credited on the anniversary of enrollment. The Loyalty Fund has no cash value, is non-transferable, and is not redeemable for cash. Loyalty Fund credits may be applied only toward the purchase of a full HVAC system replacement performed by the Company. Loyalty Fund credits expire immediately upon termination of the Membership Services Agreement for any reason and are forfeited in their entirety.

Cancellation and Termination

You may cancel at any time by providing written notice via email, U.S. mail, or telephone. The Company will send written confirmation of cancellation within five (5) business days. Cancellation is effective at the end of your current billing cycle, and benefits continue through that cycle. No refunds or prorated credits are issued for partial periods. Upon cancellation, your status reverts to Customer.

If you cancel during the Initial Term for any reason other than the Company's material breach, an early termination fee equal to fifty percent (50%) of the remaining monthly fees due through the end of the Initial Term (the "Early Termination Fee") applies. The Early Termination Fee reflects the Company's reasonable estimate of costs incurred in enrolling and servicing Member and is not a penalty. The Early Termination Fee does not apply to cancellations occurring after the Initial Term or to cancellations exercised under the three-day right to cancel described below.

If the Membership Services Agreement was solicited at a location other than the Company's principal place of business (including door-to-door sales), Member has the right to cancel within three (3) business days of enrollment without penalty or obligation, consistent with Massachusetts home solicitation consumer protection requirements and the Federal Trade Commission's Cooling-Off Rule. The Company may suspend or terminate your membership for cause, including nonpayment, violation of these Terms, or abuse of benefits. No refund is owed upon termination for cause.

Non-Transferability

Membership is personal and may not be transferred, assigned, or shared without the Company's prior written consent.

Intellectual Property

All Site content, including text, graphics, logos, images, trademarks, software, and other materials (collectively, “Content”), is the property of the Company or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any Content without prior written consent, except as expressly permitted by these Terms or applicable law.

User Conduct

You agree not to use the Site or Services to: (a) violate any applicable law or regulation; (b) infringe the rights of the Company or any third party; (c) transmit unlawful, harmful, threatening, abusive, defamatory, or obscene material; (d) interfere with or disrupt Site operations; (e) attempt unauthorized access to any portion of the Site or connected systems; (f) use automated means to access the Site without our written permission; or (g) collect personally identifiable information from the Site.

Disclaimer of Warranties

The site and services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. the company does not warrant that the site will be uninterrupted, error-free, or secure. your use is at your sole risk. nothing in this section is intended to limit any rights you may have under massachusetts consumer protection law that cannot be waived by agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, the company’s total aggregate liability to you arising out of or related to these terms, any signed estimate, invoice, or membership services agreement, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount actually paid by you to the company during the twelve (12) months immediately preceding the event giving rise to the claim. For claims arising solely from an individual invoice or project, the company’s liability shall not exceed the amount actually paid under that invoice.

In no event shall the company, its managers, members, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of use, property damage arising from system failure, business interruption, or cost of substitute services, regardless of legal theory, even if the company has been advised of the possibility of such damages.

Nothing in this section shall limit the company’s liability for: (a) personal injury or death caused by the company’s gross negligence or willful misconduct; (b) fraud or intentional misrepresentation; or (c) any liability that cannot be excluded or limited under applicable massachusetts law, including liability under the massachusetts consumer protection act.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its managers, members, employees, agents, and affiliates from all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site or Services; (b) your violation of these Terms or any applicable law; (c) your violation of the rights of any third party; or (d) any third-party claim arising from conditions at your property that are not caused by the Company’s negligence.

Third-Party Links

The Site may contain links to third-party websites or services not owned or controlled by the Company. The Company assumes no responsibility for the content, policies, or practices of third-party sites and is not liable for any damage arising from your use of or reliance on such sites.

Dispute Resolution

Step 1 — Direct Discussion

If a dispute arises out of or relates to these Terms, any signed Estimate, Invoice, or Membership Services Agreement, the aggrieved party shall first contact the other party directly so both parties can attempt to resolve the matter informally. The aggrieved party shall send written notice describing the dispute to the other party at the address set forth in Section 21 (or as updated in writing). The parties shall have thirty (30) days from receipt of such notice to reach a resolution.

Step 2 — Mediation

If direct discussion does not resolve the dispute within the thirty (30) day period, either party may request mediation. Mediation shall take place in Worcester County, Massachusetts. Each party shall pay its own share of the mediator's fees, which are typically split equally between the parties.

Step 3 — Arbitration or Litigation

If mediation does not resolve the dispute within thirty (30) days of the mediator's appointment, the Company may elect, in its sole discretion, to submit the dispute to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or to pursue the claim in a court of competent jurisdiction in Worcester County, Massachusetts, or the United States District Court for the District of Massachusetts. Each party shall bear its own costs during the proceeding; however, the party that does not prevail shall pay the prevailing party's reasonable attorney fees, court costs, and related expenses. Nothing in this Section 14 shall limit either party’s rights under M.G.L. c. 93A.

ARBITRATION NOTICE: BY AGREEING TO ARBITRATION UNDER THIS SECTION, YOU WAIVE THE RIGHT TO A JURY TRIAL. This waiver does not affect your right to file a complaint with the Massachusetts Office of Consumer Affairs and Business Regulation or to bring a claim under the Massachusetts Consumer Protection Act.

Consumer Protection Rights

Nothing in this Section 14 limits either party's right to bring a claim under the Massachusetts Consumer Protection Act. If you have a complaint that cannot be resolved directly with the Company, you may contact the Massachusetts Office of Consumer Affairs and Business Regulation at (617) 973-8787 or the Massachusetts Attorney General's Consumer Advocacy and Response Division.

Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when: (a) personally delivered; (b) sent by email with confirmation of receipt; or (c) sent by certified U.S. mail, return receipt requested, to the addresses set forth in Section 21 or as updated by either party in writing. Notices to the Company shall be directed to the address and email set forth in Section 21.

Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Worcester County, Massachusetts, or the United States District Court for the District of Massachusetts, and you consent to the personal jurisdiction of such courts. Nothing in these Terms limits or waives any rights you may have under the Massachusetts Home Improvement Contractor Law, the Massachusetts Consumer Protection Act, or Massachusetts home solicitation sales protections.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

Entire Agreement

These Terms, together with the Privacy Policy and any applicable Membership Services Agreement, signed Estimate, or Invoice, constitute the entire agreement between you and the Company regarding the Site and Services and supersede all prior communications and agreements on this subject matter. In the event of a conflict among the contract documents, the following order of precedence applies (highest to lowest): (1) the most recent signed Change Order or written addendum; (2) the signed Estimate or Membership Services Agreement; (3) the Invoice; (4) these Terms of Service. Within the same document type, the later-dated version controls.

Force Majeure

The Company shall not be liable for any delay or failure to perform any obligation under these Terms to the extent caused by circumstances beyond the Company’s reasonable control, including but not limited to extreme weather events, pandemics, government orders, labor shortages, supply chain disruptions, natural disasters, or other force majeure events.

Photographs and Marketing

The Comfort Specialists, LLC reserves the right to photograph and video-record completed work for use in marketing, social media, portfolio materials, and industry publications. No Customer names, addresses, or personally identifying information will be disclosed without Customer’s prior written consent. By engaging the Company’s Services or enrolling in the Membership Program, Customer grants the Company a perpetual, royalty-free, non-exclusive license to use such photographs and recordings in any medium. This license survives termination of any Estimate, Invoice, or Membership Services Agreement. Customers who wish to opt out of photography for a specific project must notify the Company in writing prior to the commencement of work.

Home Improvement Contractor Registration

The Company is registered as a Home Improvement Contractor with the Commonwealth of Massachusetts. Customer may verify the Company’s registration status through the Massachusetts Office of Consumer Affairs and Business Regulation.

Contact Information

The Comfort Specialists, LLC 21 Milton Ave Clinton, Massachusetts 01510 Phone: 978-828-0157 Email: Michael@tcs-ma.com Website: www.tcs-ma.com

CUSTOMER AUTHORIZATION & TERMS

By signing below, Customer (“Customer”) authorizes The Comfort Specialists, LLC (“the Company”) to perform
the work described in this Estimate and agrees to all terms and conditions set forth herein. This Estimate, together
with any Change Orders executed in accordance with Section 2, constitutes the entire agreement (this
“Agreement”) between the parties relating to the subject matter hereof and supersedes all prior oral or written
representations, negotiations, or agreements.

Quote Validity

How long this pricing is guaranteed.

This quote is valid for fifteen (15) days from the date shown above. After this period, pricing is subject to change without notice due to fluctuations in material costs, labor availability, or supplier pricing. The Company reserves the right to withdraw this Estimate at any time prior to Customer’s written acceptance.

1. Acceptance and Authorization to Proceed

What your signature means and your right to cancel.

Customer’s signature on this Estimate constitutes (a) acceptance of the scope of work, pricing, and all terms herein; (b) authorization for the Company to order materials and schedule labor; and (c) acknowledgment that Customer has read, understands, and agrees to be bound by the terms of this Agreement. If Customer does not execute this Estimate within the validity period, the Company may treat any verbal or written instruction to proceed as acceptance of the terms of this Agreement.

Right of Rescission: If this Estimate is executed at a location other than the Company’s principal place of business (e.g., at Customer’s residence), Customer may cancel this Agreement within three (3) business days of signing by providing written notice to the Company at the address above, in accordance with Massachusetts General Laws Chapter 93, Section 48 and the Federal Trade Commission’s Cooling-Off Rule (16 C.F.R. Part 429). Any deposit paid shall be refunded within ten (10) business days of the Company’s receipt of timely cancellation notice.

2. Scope of Work and Changes

What we will do, and how changes are handled.

The Company will perform only the work described in this Estimate. Key rules:

Changes require a signed Change Order. No additional or modified work will proceed without one. Change Orders may adjust timing and pricing at the Company’s then-current rates.
Verbal changes are not binding. All modifications must be in writing.
Delays beyond our control (weather, material shortages, supply chain issues, permitting, Customer delays, etc.) extend the project schedule accordingly and do not create liability for the Company.

3. Site Conditions

Your responsibilities to prepare the work area.

Before work begins, Customer is responsible for the following:

Neighboring properties. If we need access to a neighbor’s property, Customer must arrange permission in advance. Customer holds the Company harmless from related claims, except for the Company’s sole negligence.
Personal property. Customer must secure, remove, or protect all belongings in the work area — including people, children, pets, fixtures, flooring, furniture, electronics, and landscaping. The Company is not liable for damage if Customer does not do so.
Disclosure. Customer confirms there are no known hidden conditions, hazards, or defects at the site that have not been disclosed to the Company in writing.

4. Unforeseen Conditions

What happens if we discover hidden problems during the job.

Hidden conditions (e.g., concealed piping, structural issues, code violations, water damage): Customer pays all related costs, including extra labor, materials, and any repairs to Company equipment. Customer holds the Company harmless from resulting claims or expenses, including reasonable attorney fees.
Hazardous materials (asbestos, lead paint, mold, etc.): The Company does not perform this type of work. If hazardous materials are found, all work stops until Customer arranges professional removal at Customer’s sole expense. Customer releases and holds the Company harmless from all related liability, claims, fines, and remediation costs. The Company may also invoice Customer for standby time and remobilization costs caused by the stoppage.

5. Materials and Equipment

How materials are handled, stored, and warranted.

Unless otherwise agreed in writing, the Company will procure and deliver all materials. Once delivered to the job site, the Customer is responsible for providing secure, weather-protected storage and assumes all risk of loss, theft, or damage. The Company does not warrant materials beyond the applicable manufacturer warranties, copies of which will be provided upon request. Title to all materials and equipment shall remain with the Company until full payment under this Agreement has been received. Special-order items are non-returnable and non-refundable. The Company reserves the right to substitute materials or equipment of equal or greater quality, capacity, and efficiency if originally specified items become unavailable, subject to notice to Customer. Any substitution shall not affect pricing unless the substitute carries a higher cost, in which case the Company shall notify Customer and obtain approval via Change Order before installation.

6. Recommendations Not Performed

What happens if you decline our recommendations.

7. Licenses, Permits, and Fees

Permits, inspections, and related charges.

The Company is a registered Home Improvement Contractor in the Commonwealth of Massachusetts pursuant to Massachusetts General Laws Chapter 142A. The Company will obtain all permits required by applicable law for the scope of work described herein unless otherwise noted. The Customer must provide reasonable and timely access for all required inspections. If the Company must contact the Customer three (3) or more times due to lack of access or scheduling failures, a $250.00 administrative charge applies per occurrence. Any additional work required by permitting or inspection authorities that is outside the original Scope of Work is Customer’s financial responsibility and will be addressed via Change Order. An environmental compliance fee may be added to the final invoice where applicable.

8. Payment Terms

When and how you pay, and what happens if payment is late.

Pricing is fixed and includes labor, materials, and taxes unless otherwise noted.

Deposit: Fifty percent (50%) of the Total (the “Deposit”) is due when you sign this Estimate. The remaining balance is due when the work is substantially complete.

Late Payment: Unpaid amounts accrue interest at 1.5% per month (18% annually), or the legal maximum, whichever is less. Customer is also responsible for collection costs, including reasonable attorney fees.

If Payment Is Not Made: The Company may stop work, remove its equipment, and recover all costs incurred (labor, materials, overhead, profit, and attorney fees). The Company may also place a mechanic’s lien on Customer’s property under M.G.L. c. 254 to secure unpaid amounts.

Returned Payments: A $35.00 fee applies to any check or electronic payment returned for insufficient funds.

9. Termination

How either party can end this agreement.

By the Company: If Customer fails to meet a material obligation under this Agreement and does not fix the issue within seven (7) days of written notice, the Company may end this Agreement. Customer then owes payment for all work completed, materials ordered, restocking fees, and lost profit.

By Customer: Customer may cancel at any time by providing written notice. Upon cancellation, Customer pays: (a) work completed to date, (b) non-refundable material deposits, (c) restocking fees (typically 25% of material cost), and (d) a 15% cancellation fee on the remaining unperformed contract value.

10. Warranty

What is covered and what is not.

The Company warrants its workmanship for a period of one (1) year from the date of substantial completion. Equipment and materials carry only the manufacturer’s warranty; the Company makes no independent warranty regarding equipment performance, lifespan, or suitability beyond the express terms of this Agreement. The Company is not liable for damage or failure caused by other contractors, improper operation or maintenance by Customer, power surges or electrical supply issues, unauthorized modifications, or force majeure events (including but not limited to acts of God, fire, flood, war, epidemic, natural disaster, labor dispute, or government action).

Warranty Exclusions: The warranty provided under this Section 10 does not cover damage resulting from Customer’s failure to perform or obtain recommended maintenance, including filter changes, seasonal tune-ups, or other manufacturer-specified service requirements.

11. Limitation of Liability

The most the Company can owe you is what you paid us.

To the fullest extent allowed by Massachusetts law, the Company’s total liability under this Agreement is capped at the amount Customer actually paid. The Company is not responsible for indirect losses such as lost income, business interruption, or damage to other property.

12. Indemnification

You are responsible for problems that are not the Company’s fault.

Customer agrees to reimburse the Company for any costs (including reasonable attorney fees) that arise from problems Customer caused, site conditions the Company did not create, or the actions of Customer’s other contractors or guests.

13. Dispute Resolution

How we handle disagreements — step by step, and who pays what.

Step 1 — Direct Discussion. If a problem arises, Customer should first contact the Company directly so both parties can try to resolve it informally at no additional cost to either side.

Step 2 — Mediation. If direct discussion does not resolve the issue, either party may request mediation in Worcester County, Massachusetts. Each party pays its own share of the mediator’s fees (typically split equally).

Step 3 — Arbitration or Court. If the dispute remains unresolved after mediation (or if mediation is not concluded within thirty (30) days of written notice of the dispute), the Company may elect, in its sole discretion, to submit the dispute to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or to pursue the claim in a court of competent jurisdiction in Worcester County, Massachusetts. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. Nothing in this Section 13 shall limit either party’s rights under M.G.L. c. 93A.

14. Governing Law and Venue

Which state’s laws apply and where disputes are heard.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any legal action arising hereunder shall be brought exclusively in the state or federal courts located in Worcester County, Massachusetts, and Customer hereby consents to the personal jurisdiction of such courts. The Company is organized as a limited liability company under the laws of the Commonwealth of Massachusetts.

15. Insurance Disclaimer

What the Company’s insurance does and does not cover.

The Company maintains general liability and workers’ compensation insurance as required by Massachusetts law, including coverage compliant with Massachusetts General Laws Chapter 152 (Workers’ Compensation). However, the Company’s insurance does not cover Customer’s property, existing structures, personal belongings, or pre-existing conditions. Customer is advised to maintain adequate homeowner’s or property insurance coverage throughout the duration of the project.

16. Safety and Access

Your responsibility to keep the work area ready.

Customer shall ensure that the work area is accessible, safe, and free from obstructions on all scheduled work days. Customer shall provide adequate electrical power, water supply, and sanitary facilities as reasonably needed for the work. If the Company’s crew arrives at a scheduled appointment and is unable to perform work due to conditions within Customer’s control (including but not limited to locked access, hazardous conditions, or failure to prepare the site), a trip charge of $150.00 per occurrence shall apply.

17. Photographs and Marketing

Our right to photograph completed work.

18. Maintenance Plans

Terms for optional maintenance plan services.

If a maintenance plan is included in this Estimate and a scheduled maintenance visit is missed by either party, the credit value for the missed visit shall not exceed the pro-rata cost of the plan for that visit period. Maintenance plans are non-transferable and expire twelve (12) months from the date of purchase unless otherwise stated.

19. System Design Disclaimer

Important notice when we connect to systems designed by others.

Where the Company installs equipment to connect with an existing system designed, installed, or specified by others, the Company makes no representation or warranty regarding the adequacy of system design, sizing, capacity, or compatibility. Customer acknowledges the risks associated with connecting new equipment to systems not designed or verified by the Company, including potential oversizing, undersizing, reduced efficiency, accelerated wear, or voiding of manufacturer warranties. Customer releases and holds the Company harmless from any claims relating to system design deficiencies not caused by the Company.

20. Severability

If one part of this agreement is invalid, the rest still applies.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed, and the remaining provisions shall continue in full force and effect.

21. Waiver

Not enforcing a term once does not waive it for the future.

No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of that or any other right, power, or remedy.

22. Notices

How official communications must be sent.

All notices under this Agreement must be in writing and are deemed delivered when (a) personally delivered, (b) sent by email with confirmation of receipt, or (c) sent by certified mail, return receipt requested, to the addresses shown on this Estimate.

CUSTOMER ACKNOWLEDGMENT AND SIGNATURE

By signing below, I acknowledge that I have read, understand, and agree to all terms and conditions set forth in this Agreement, including the Limitation of Liability (Section 11), Indemnification (Section 12), and Dispute Resolution (Section 13) provisions. I authorize The Comfort Specialists LLC to perform the work described in this Estimate and agree to make payment in accordance with Section 8 (Payment Terms) above.

INVOICE TERMS AND CONDITIONS

By accepting the work described herein or making payment on this Invoice, Customer (“Customer”) acknowledges and agrees to the following terms. These Invoice Terms supplement, and do not replace, any prior signed Estimate or Agreement between the parties.

Order of Precedence. If there is a conflict among the contract documents, the following controls (highest to lowest): (1) the most recent signed Change Order or written addendum; (2) the signed Estimate or Agreement; (3) this Invoice. Within the same document type, the later-dated version controls.

1. Payment Terms

When payment is due and what happens if it’s late.

Due Date. The full invoice balance is due on the date shown above.
Late Payment Surcharge. If payment is not received within fifteen (15) days of the Due Date, a surcharge of twenty percent (20%) will be applied to the total amount due. This surcharge does not apply to amounts Customer disputes in good faith and has timely notified the Company of in writing.
Interest. In addition to the surcharge, any unpaid balance accrues interest at 1.5% per month (18% annually), or the maximum rate permitted by Massachusetts law, whichever is less, beginning on the sixteenth (16th) day after the Due Date.
Collection Costs. Customer is responsible for all costs of collection, including reasonable attorney fees, court costs, and filing fees.
Returned Payments. A fee of $35.00 applies to any check or electronic payment returned for insufficient funds.
Where a signed Estimate governs this work, the payment terms in that Estimate (including any deposit requirement and interest provisions) apply in addition to the surcharge set forth above; in the event of a direct conflict, the signed Estimate controls pursuant to the Order of Precedence.

2. Lien Rights

The Company’s right to secure unpaid amounts.

The Company reserves all rights to file a mechanic’s lien or other statutory lien against Customer’s property in accordance with Massachusetts General Laws Chapter 254 to secure payment for all amounts due under this Invoice or any related Agreement. Customer acknowledges that under Massachusetts law, contractors who supply labor or materials for property improvements may enforce a lien if not paid.

3. Rebates and Incentives

How utility rebates and incentive programs work.

Where a rebate (such as a Mass Save rebate) has been deducted from the price shown on this Invoice, the following applies:

The Company applies the rebate amount as an upfront discount so Customer does not have to wait for rebate funds.
The designated rebate payee will be specified on this Invoice (e.g., Eli Technologies Inc.).
If rebate requirements are not met by the end of installation (including but not limited to failure to pass inspection, incomplete paperwork, or Customer’s failure to comply with program requirements), Customer forfeits the early rebate deduction and becomes immediately responsible for paying the Company the full rebate amount. Customer must then submit their own rebate application directly to the program administrator.
The Company makes no guarantee that any rebate application will be approved. Customer acknowledges that rebate programs are administered by third parties and the Company has no control over approval decisions.

4. Warranty Reminder

A reminder of the warranty terms from your Estimate.

The warranty terms applicable to this work are set forth in the signed Estimate or Agreement. As a reminder:

The Company warrants its workmanship for one (1) year from substantial completion.
Equipment and materials carry only the manufacturer’s warranty.
The warranty does not cover damage caused by other contractors, Customer misuse, power surges, unauthorized modifications, or force majeure events.
Failure to perform recommended maintenance (filter changes, tune-ups, etc.) may void warranty coverage.

5. Limitation of Liability

The most the Company can owe you is what you paid.

To the fullest extent allowed by Massachusetts law, the Company’s total liability relating to the work described on this Invoice is capped at the amount Customer actually paid under this Invoice. The Company is not responsible for indirect losses such as lost income, business interruption, or damage to other property.

6. Title and Risk of Loss

Who owns materials and when.

Title to all materials and equipment remains with the Company until this Invoice is paid in full. Once installed and paid for, risk of loss passes to Customer. The Company is not responsible for theft, vandalism, or damage to installed equipment after completion of work.

7. Acceptance of Work

What happens after we finish the job.

Customer’s payment of this Invoice (or use of the installed system for more than fourteen (14) days without written objection) constitutes acceptance of the work as satisfactorily completed, except for latent defects not reasonably discoverable within that period. Any warranty claims must be submitted in writing to the Company at the address above. Acceptance does not waive Customer’s rights under the Company’s warranty (Section 4) or under applicable Massachusetts consumer protection law.

8. Dispute Resolution

How disagreements about this Invoice are handled.

Step 1 — Contact Us. If Customer has a concern about this Invoice, Customer should contact the Company directly to resolve it informally.

Step 2 — Mediation. If informal discussion does not resolve the issue, either party may request mediation in Worcester County, Massachusetts. Mediator fees are typically split equally.

Step 3 — Arbitration or Court. If the dispute remains unresolved after mediation (or if mediation is not concluded within thirty (30) days of the mediator’s appointment), the Company may elect, in its sole discretion, to submit the dispute to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or to pursue the claim in a court of competent jurisdiction in Worcester County, Massachusetts. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. Nothing in this Section 8 shall limit either party’s rights under M.G.L. c. 93A.

Consumer Protection Rights. Nothing herein limits either party’s right to bring a claim under the Massachusetts Consumer Protection Act (M.G.L. c. 93A).

9. Governing Law

Massachusetts law applies.

This Invoice and all related obligations are governed by the laws of the Commonwealth of Massachusetts. Any legal action shall be brought exclusively in the state or federal courts in Worcester County, Massachusetts, and Customer consents to personal jurisdiction there.

10. Photographs and Marketing

Our right to photograph completed work.

The Comfort Specialists, LLC reserves the right to photograph completed work for marketing and social media use. No Customer names, addresses, or identifying information will be disclosed without Customer’s prior written consent.

By accepting the work described herein or making payment on this Invoice, Customer grants the Company a perpetual, royalty-free, non-exclusive license to use such photographs and recordings in any medium. This license survives payment of this Invoice and completion of the work.

11. Massachusetts Consumer Disclosures

Required notices under Massachusetts law.

Home Improvement Contractor Registration. The Company is registered with the Commonwealth of Massachusetts as a Home Improvement Contractor pursuant to M.G.L. c. 142A. Customer may verify the Company’s registration status through the Massachusetts Office of Consumer Affairs and Business Regulation.
Arbitration Notice. BY AGREEING TO ARBITRATION UNDER SECTION 8, CUSTOMER WAIVES THE RIGHT TO A JURY TRIAL. This does not affect Customer’s right to file a complaint with the Office of Consumer Affairs or to bring a claim under M.G.L. c. 93A.
Consumer Complaint Information. If Customer has a complaint that cannot be resolved directly with the Company, Customer may contact the Massachusetts Office of Consumer Affairs and Business Regulation at (617) 973-8787 or the Massachusetts Attorney General’s Consumer Advocacy and Response Division.
Lien Disclosure. Under Massachusetts law (M.G.L. c. 254), a contractor or subcontractor who is not paid for labor or materials furnished to improve real property may file a lien against that property. This Invoice serves as notice of the Company’s potential lien rights.
No Waiver of Statutory Rights. Nothing in this Invoice limits or waives any rights Customer may have under M.G.L. c. 142A (Home Improvement Contractor Law), M.G.L. c. 93A (Consumer Protection Act), or M.G.L. c. 93, §§ 48–49 (Home Solicitation Sales).

PAYMENT INSTRUCTIONS

The Company accepts the following forms of payment:

Check: Make payable to The Comfort Specialists, LLC and mail to 21 Milton Ave, Clinton, Massachusetts 01510.
Credit / Debit Card: Contact the Company at 978-828-0157 or Michael@tcs-ma.com to arrange card payment. A processing fee of up to 3% may apply.
Electronic Transfer (ACH): Contact the Company for transfer details. Customer is responsible for any bank fees on Customer’s end.
Cash: Accepted for in-person payments. The Company will provide a written receipt upon request.