Terms and Conditions

POLAIR GENERAL TERMS AND CONDITIONS

For clarity, the words “you,” “your” and “Customer” refer to the person purchasing or receiving labor, materials and/or services, and the words “we,” “us,” “our,” and “Company” refer to Polair, our affiliates, and the independent third parties performing services on our behalf.  By purchasing or receiving labor, materials and/or services (the “Work”) you accept these terms and conditions (these “Terms”), and these Terms are thereby deemed incorporated into the agreement between you and us pertaining to the Work (the “Agreement”).  Our employees and agents have no authority to alter these Terms.

  1. Customer Authorization. You confirm we have the right and are allowed to commence and perform the Work you requested at the premises where it is to be furnished (the “Premises”) (e.g., you have received any necessary permission from a landlord, other owner of the property, or homeowner’s association, etc.).
  2. Access; Workspace Conditions. We will need (i) access to the Premises and the components requiring service or otherwise associated with the Work, (ii) your cooperation with any of our questions or requests, and (iii) electrical power. You are responsible for clearing the work area prior to our arrival and removing or otherwise protecting any personal property, inside and out, including but not limited to carpets, rugs, furniture, plantings, personal items, decorative items and artwork.  Service may be denied or rescheduled if no adult is present, if we determine we do not have appropriate access or cooperation from those on site, or if we determine that our ability to safely render service is impaired by you or by circumstances beyond our control. 
  3. Safety. We need a safe working environment and reserve the right to refuse or reschedule service due to conditions we find dangerous or unsafe, including but not limited to possible code violations, extreme temperatures, natural disasters, or other hazards—real or perceived. Some items that need to be hauled away may require additional equipment/personnel to safely remove, which may result in a delay or rescheduling of the haul-away.  We shall not be responsible for keeping or failing to keep any gates or doors closed for children and animals, and any injuries or damages that may ensue from same. 
  4. Third-Party Contractors. At our sole discretion, the Work may be performed by either our own employees or one of our independent third-party contractors.
  5. Materials. Unless otherwise specified, we may use new or rebuilt replacement parts or replacement products that perform to the factory operational specifications. Any products, parts, material and equipment that are ordered and shipped to you or the Premises are our property until we have received payment in full for them.  All surplus, replaced or otherwise removed products, parts, materials and equipment are our property.
  6. Changes in Scope and Price; Additional Charges.
    1. Unless otherwise agreed to by the Parties in writing, any work furnished by the Company that is additional to the specified Work shall increase the price of the Agreement (the “Contract Price”) by the cost of that work plus ten percent (10%) thereof.
    2. The Company shall have no obligation to furnish any additional work unless and until there is an agreement between the Parties for it to do so (a “Change Order”). These Terms shall apply to any such Change Order, and any additional work set forth in a Change Order shall become part of the Work.
    3. Notwithstanding anything herein to the contrary, the Company may, from time to time, change the Work without notice to the Customer provided that such changes do not materially affect the nature or scope of the Work, or materially increase the Contract Price.
    4. In the event that the Company’s cost to furnish any component of the Work increases by more than 5%, the Company reserves the right adjust the final price of the Work by up to the same amount.
    5. A $25.00 service fee will be charged for any returned checks.
  7. Payment.
    1. Unless otherwise agreed to in writing, you shall pay us 50% of the agreed-upon price at or before the commencement of any Work. The outstanding balance of the agreed-upon price is due immediately upon the substantial completion of the Work.
    2. Payments otherwise due may not be held back pending, or made to be contingent upon, inspections by the authority having jurisdiction, your receipt of funding or payment, the completion of newly added services or work, or anything else.
    3. In the event payments are not received by us after becoming due, we may (i) charge interest on any such unpaid amounts at up to the maximum amount permitted under applicable law, from the date such payment was due until the date paid; (ii) charge you for the fees and costs incurred with respect to collecting the debt (including reasonable attorney’s fees and legal costs); (iii) suspend performance of some or all of the Work until you are current on all payments owed to us; and/or (iv) immediately, or at such other time as we determine appropriate, terminate the Agreement.
  8. Permits. You agree to obtain any necessary permits required for us to perform the Work. We may, at our discretion, obtain any necessary permits on your behalf and charge you for the cost of any permit fees. 
  9. Premises Modifications; Damages. Under no circumstances are we responsible for the natural consequences of the Work furnished by us, which may include mold, water damages, and other types of damage to improvements to real property such as, but not limited to, paint, drywall, wallpaper, texture, flooring, driveways, curbs, sidewalks, fencing, garages, patios, lawns, shrubs, sprinkler systems, stucco, pipes, flooring, cabinets, electrical wiring, fixtures, finishes, devices, components or any other appurtenances, including but not limited to structural components, of the Premises. Such collateral damages shall be deemed incidental and foreseeable.
  10. Phone calls and texting. We may call or text you at the phone number you provided (including any mobile number) to inform you about order status, scheduling, service requirements, and to follow up regarding your appointment. Calls may be live or pre-recorded. 
  11. Delays. We will try to complete the Work within a reasonable time, but are not responsible for delays caused by factors beyond our control.
  12. Warranties.
    1. We shall not be liable for a breach of any warranty unless Customer gives written notice of the defect(s), reasonably described, to us within 30 days of the time when Customer discovers or ought to have discovered that/those defect(s). With respect to defects covered by a warranty, we shall, in our sole discretion, either repair or re-perform the defective work, or the defective part thereof; or credit or refund the price of such defective work, or the defective part thereof, at the pro-rata contract price.
    2. THE REMEDIES SET FORTH IN HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF A WARRANTY.
    3. ANY AND ALL WARRANTIES SHALL BE MADE VOID UPON ANY MATERIAL CHANGES, ALTERATIONS, OR MODIFICATIONS TO THE WORK BY ANYONE OTHER THAN US OR AS A RESULT OF CAUSULTY.
  13. Disclaimers and Limitations of Liability.
    1. No warranty, expressed or implied, is provided for any existing systems or appliances.
    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (i) EXCEPT FOR THE WARRANTY SET FORTH IN THE AGREEMENT, IF ANY, WE MAKE NO AFFIRMATIVE WARRANTIES AND GRANT ONLY THOSE WARRANTIES IMPLIED BY LAW THAT CANNOT BE EXCLUDED BY CONTRACT UNDER STATE LAW; AND (ii) WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES—INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS/BUSINESS, DATA LOSS, OR OTHER INTANGIBLE DAMAGES ARISING FROM THE WORK. THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
    3. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO US PURSUANT TO THE AGREEMENT.
  14. Insurance. While furnishing the Work, you shall, at your own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, property and casualty insurance with coverage limits of at least the value of the Premises as improved by the completed Work with financially sound and reputable insurers. Except where prohibited by law, you shall require your insurer(s) to waive all rights of subrogation against us and our insurers.
  15. Applicable Law and Venue. Any dispute arising out of or relating to these Terms, their subject matter, or the Agreement (including non-contractual disputes or claims) shall be governed by, construed, interpreted and enforced in accordance with, the laws of the State of Florida, without regard to the principles of conflicts of laws. And any associated action shall be brought in a court of competent jurisdiction located in Palm Beach County, Florida.  Customer and the Company both consent to such venue and jurisdiction and waive any claims that such venue is an inconvenient forum.
  16. Waiver. The failure of either you or us to insist, in any one or more instances, on the performance of any of these terms and conditions, or to exercise, in part or in whole, any right or remedy herein, shall not be construed as a waiver or relinquishment thereof, or to preclude any other or further exercise thereof.
  17. Agreement; Modification. This Agreement is the entire agreement of the parties hereto regarding its subject matter and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter. This Agreement may only be amended, modified, waived, or supplemented by an agreement in writing signed by an authorized representative of the party to be charged.
  18. Assignment. Customer may not assign or otherwise transfer any of its rights or obligations under this Agreement to any third party without the prior written consent of the Company. No permitted assignment shall relieve the Customer of the obligations hereunder.  Any assignment in violation of this Agreement shall be deemed null and void
  19. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
  20. Supplemental Statutory Notices.
    1. FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND – PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDCONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: CONSTRUCTION INDUSTRY LICENSING BOARD; 2601 BLAIR STONE ROAD; TALLAHASSEE, FL 32399-0783; CUSTOMER CONTACT CENTER: (850) 487-1395.
    2. AS SET FORTH IN § 558.005 OF THE FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.