Terms & Conditions for Southern Comfort Heating & Cooling

Effective Date: [January 2026]

Scope of Work/Terms and Conditions

Southern Comfort Heating and Cooling, LLC’s (“Southern Comfort”) responsibility is strictly limited to the specific equipment and services expressly described in the written proposal or work order. Southern Comfort does not inspect, design, or warrant the condition, performance, or code compliance of existing ductwork, electrical systems, gas piping, condensate drainage, structural supports, insulation, or building envelope unless expressly stated in writing. Southern Comfort shall not be responsible for any pre-existing conditions, hidden defects, or conditions outside of the work it performs, including inadequate airflow, improper wiring, insufficient structural support, water intrusion, mold, or hazardous materials. If Southern Comfort encounters unsafe, non-code compliant, or unforeseen conditions, Southern Comfort may suspend work until such conditions are corrected or may issue a change order for additional work or cost. The individual or entity that has signed the applicable invoice or estimate (“Customer”) agrees that these Terms and Conditions govern and are incorporated into any signed invoice, work order, or electronic authorization.

Payment

Customer shall pay all invoices within ten (10) days of the invoice date. Any amounts not paid when due shall accrue interest at twelve percent(12%) per year from the due date until paid. If any amount remains unpaid when due, Southern Comfort may, without notice and without waiving any other rights, suspend all work, withhold warranty service, and withhold delivery of equipment, documentation, or lien waivers until payment is brought current. Customer agrees that such suspension shall not be deemed a breach by Southern Comfort. Upon any default, all amounts owed by Customer to Southern Comfort, whether or not yet due, shall be come immediately due and payable. Customer shall be responsible for all costs of collection, including attorney fees, court costs, expert fees, and Southern Comfort’s internal administrative and collection time. Customer grants Southern Comfort a purchase money security interest in all equipment, parts, and materials installed or provided by Southern Comfort until paid in full. Title to such equipment shall not pass to Customer until full payment has been received. Southern Comfort does not waive and expressly reserves all mechanic’s lien, materialman’s lien, and statutory rights available under Kentucky law. Southern Comfort may file any lien or UCC financing statement necessary to protect its interests in the event of nonpayment. Customer’s signature or electronic approval of any invoice, estimate, or work order constitutes authentication of this security interest.

Warranty

Any warranty on any equipment, part, or component must be registered by the Customer with the manufacturer of the said equipment, part, or component for Southern Comfort to recognize the validity of the warranty. Any warranty on unregistered equipment, parts, or components is only valid for the length of the warranty offered by the manufacturer on the specific equipment, part, or component affected. Technician labor for service calls is warranted for 12 months from the date of service for customers enrolled in an active annual maintenance plan. Southern Comfort warrants technician labor for installation services for a period of 2 years from the date of installation, unless otherwise agreed to in writing. The labor warranty period for installation services is extended to 10 years if the Customer maintains an active annual maintenance plan with Southern Comfort beginning from the date of completed installation until any applicable warranty claim. The extended 10-year installation labor warranty is terminated if the maintenance plan payment is more than 60 days past due at any time. All warranties provided are non-transferrable and unassignable. All HVAC equipment, parts, and components provided by Southern Comfort are sold and furnished subject solely to the manufacturer’s express warranties. Southern Comfort does not provide any warranty of its own with respect to equipment, parts, or components other than the labor warranties expressly stated herein. TO THEMAXIMUM EXTENT PERMITTED BY KENTUCKY LAW, SOUTHERNCOMFORT DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECTTO EQUIPMENT, PARTS, AND COMPONENTS, INCLUDING ANYIMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer’s sole and exclusive remedy for any defective equipment, part, or component shall be under the applicable manufacturer warranty except where such remedy fails of its essential purpose under Kentucky law. Southern Comfort shall have no liability for the performance, failure, or defect of any equipment, part, or component beyond assisting the Customer with submission of a warranty claim to the manufacturer.

Liability

Southern Comfort is not liable for any damage caused by equipment or parts supplied by Customer to Southern Comfort to use in performing any work. Said work includes, but is not limited to, any installations, repairs, and/or replacements. Southern Comfort is not liable for any damage or performance deficiencies resulting from existing HVAC components which were not supplied, replaced, or repaired by Southern Comfort. Southern Comfort reserves the right to void any warranty on any equipment, parts, or components that have been serviced by anyone other than Southern Comfort. In the unlikely event there is any alleged damage to Customer’s property which Customer reasonably believes is or may be the result of the fault, actions, or inactions of Southern Comfort or any of its agents or employees. Customer agrees to report said damage to Southern Comfort within 3 days of completion to the extent the damage is reasonably discoverable within that period. Southern Comfort is not liable to the Customer or any other third party for any damages to any HVAC system equipment, parts, or components or any other property damage except for the failure or damage of the specific equipment, part, or component repaired or replaced by Southern Comfort, and then only if the failure of or damage to said equipment, part, or component is the result of Southern Comfort’s (or any of its agent’s or employee’s) negligent actions or inactions. All such claims for negligence are subject to the limitation of liability and damage waivers stated below. To the maximum extent permitted by Kentucky law and notwithstanding anything else to the contrary, Southern Comfort’s total cumulative liability to Customer for any and all claims arising out of or relating to the services, equipment, or this agreement, whether in contract, tort, warranty, negligence, strict liability, or otherwise, shall not exceed the total amount actually paid by Customer to Southern Comfort for the specific work giving rise to the claim. In no event shall Southern Comfort be liable for any consequential, incidental, indirect, special, or punitive damages, including without limitation loss of use of the premises, loss of rent, loss of business or profits, loss of food or inventory, discomfort or inconvenience, or the cost of substitute housing or facilities, even if Southern Comfort has been advised of the possibility of such damages.

Misc.

These Terms and Conditions and all claims arising out of or relating to Southern Comfort’s services, equipment, or this agreement shall be governed by the laws of the Commonwealth of Kentucky, and any legal action shall be brought exclusively in the state courts located in Fayette County, Kentucky. To the maximum extent permitted by Kentucky law, the Customer and Southern Comfort knowingly and voluntarily waive any right to a trial by jury in any such action. Time is not of the essence unless expressly stated inwriting in the applicable proposal or work order. If any provision of these Terms and Conditions is held unenforceable, the remaining provisions shall remain in full force and effect, and these Terms and Conditions together with any signed proposal, work order, or invoice constitute the entire agreement between the parties. Any proposals/estimates provided to Customer by Southern Comfort are valid for 30 days and, at the expiration of the 30 days, the proposal and/or estimate is void. Southern Comfort does not provide tax, accounting, or legal advice and does not guarantee the availability, amount, or eligibility of any tax credits, rebates, or incentives. Customer is solely responsible for determining whether any tax credit or incentive applies and for complying with all requirements to obtain it. All products are non cancellable, non-returnable, and non-refundable once ordered. Any requested changes require written approval by the Company and may result in additional charges. The Customer remains responsible for the full payment of the total price

Contact Us

Southern Comfort Heating & Cooling
📞 (859) 795-7626
✉️ info@southerncomfortky.com

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