Commercial Service Conditions

1.1 Covered Services (Cleaning Only)

Unit Savings provides ground-access outdoor condenser coil and fin cleaning only for select commercial/light commercial properties. Services may include, as applicable:

1. Exterior condenser cabinet cleaning
2. Surface debris removal around the outdoor unit
3. Coil and fin cleaning using coil-safe methods and controlled water application
4. Basic access panel opening/reclosing solely as reasonably necessary for cleaning access
5. Visual condition notes and before/after photo or video documentation

Unit Savings will select cleaning methods in its reasonable discretion based on visible equipment condition, access, and safety.

1.2 Services Not Provided (No Repair; No HVAC Contracting Services)

Unit Savings is not providing HVAC repair, diagnosis, or regulated refrigerant services under this Agreement. Unit Savings does not perform:

1. Refrigerant handling, charging, recovery, evacuation, leak testing, or sealed-system service
2. Diagnostics, troubleshooting, performance verification, or commissioning
3. Electrical diagnostics, repairs, or modifications
4. Mechanical repairs or component replacement
5. Rooftop unit service (RTUs) or elevated access work unless separately agreed in writing
6. Indoor equipment service
7. Controls, thermostat, BAS, or ductwork service
8. Code compliance or safety certification

Any service outside this scope requires a separate written agreement signed by Unit Savings.

2.1 Authority of Signer

Customer represents and warrants that the person accepting this Agreement has full authority to bind Customer and authorize service and payment.

2.2 Site Access and Safety Responsibilities

Customer is solely responsible for ensuring:

1. Safe and lawful access to the service area
2. Required internal approvals and permissions
3. Access to gates, fenced areas, and locked enclosures
4. Site contact availability (if needed)
5. Safe conditions free of hazards not disclosed to Unit Savings
6. Removal or management of obstacles, vehicles, inventory, and equipment blocking access

2.3 Right to Refuse or Stop Work

Unit Savings may refuse, postpone, or stop service if conditions are unsafe, inaccessible, or outside scope. Unit Savings may charge a disclosed trip fee/no-access fee if applicable.

3.1 Customer Duty to Shut Off Power

Unless otherwise agreed in writing, Customer is solely responsible for shutting off electrical power to the outdoor condenser(s) before service begins and confirming power is off.

3.2 If Unit Savings Operates Disconnect

If Unit Savings, at its sole discretion, operates an existing disconnect for cleaning safety/convenience, Customer understands and agrees that Unit Savings is not performing electrical service, electrical testing, or diagnostics and is not responsible for pre-existing electrical defects except to the extent directly caused by Unit Savings’ gross negligence or willful misconduct.

Customer represents and agrees that:

1. Customer has authority to authorize work at the Service Address.
2. Customer has disclosed known equipment issues and site hazards.
3. Customer understands this is a cleaning-only service, not diagnosis or repair.
4. Customer understands Unit Savings is not evaluating system performance, capacity, code compliance, or regulatory compliance.
5. Customer is responsible for internal operational decisions, including whether to keep systems offline after service for further inspection by its HVAC contractor.

Customer acknowledges commercial/light commercial equipment may have pre-existing defects or latent conditions, including:

1. Corrosion and deterioration
2. Weakened coils, fittings, and fins
3. Hidden refrigerant leaks
4. Worn electrical components
5. Vibration-related damage
6. Prior repair issues
7. Deferred maintenance conditions

Cleaning may reveal or coincide with latent defects. Unit Savings is not responsible for pre-existing conditions, latent defects, deferred maintenance, or age-related failures, except to the extent directly caused by Unit Savings’ gross negligence or willful misconduct.

Customer understands condenser cleaning involves controlled water application. Customer is responsible for property/site conditions affecting water behavior, including drainage, slope, barriers, seals, penetrations, and adjacent property exposure.

Unit Savings will use commercially reasonable care, but is not liable for damage caused by hidden defects, poor drainage, failed seals, or other site conditions not created by Unit Savings.

Customer acknowledges condenser coils and fins may be delicate and degraded. Customer agrees that:

1. Pre-existing fin/cabinet damage may exist
2. Cleaning does not restore new condition
3. Cosmetic changes alone do not establish negligence
4. Unit Savings is not responsible for pre-existing cosmetic defects

Unit Savings provides a limited cleaning service only and does not diagnose, repair, certify, commission, or evaluate HVAC performance. Any statement by Unit Savings about a visible condition is informational only and not a professional diagnosis or repair recommendation.

Customer acknowledges and agrees that Unit Savings does not guarantee:

1. Any specific temperature, airflow, or efficiency improvement
2. Reduced energy cost
3. Restoration of function
4. Prevention of future failure
5. Compliance with tenant, customer, or operational expectations

Unit Savings makes no express or implied warranties, including implied warranties of merchantability or fitness for a particular purpose. Marketing statements and field comments are general informational statements only and are not warranties.

Unit Savings’ sole obligation is commercially reasonable performance of the agreed cleaning service.

Customer authorizes Unit Savings to capture photos/video of equipment and immediate work areas for:

1. Service records
2. Quality control
3. Dispute resolution
4. Insurance documentation

Optional Marketing Consent (separate)

☐ Customer consents to anonymized before/after marketing use

☐ Customer does not consent to marketing use

Marketing consent is optional and separate from service authorization.

11.1 Payment Structure

Payment is due as follows: [INSERT PAYMENT STRUCTURE]

11.2 Invoices; Purchase Orders; Square

Customer agrees payment may be processed through Square or invoiced directly. If Customer requires a purchase order, Customer remains responsible for timely payment and may not delay payment based on internal processing after service is completed.

11.3 Late Fees (Optional)

Past-due amounts may accrue a late fee of ______% per month (or the maximum allowed by law), beginning ______ days after invoice date.

11.4 Chargebacks and Payment Disputes

Customer agrees not to initiate chargebacks except for fraud or unauthorized charges. Service disputes must be submitted in writing to ____________________ within ______ days of service.

11.5 Evidence of Service

Customer agrees that Unit Savings may rely on signed documents, digital acceptances, accepted-agreement version records, work logs, timestamps, photos/video, messages, and technician notes to support collection efforts and respond to disputes.

1. Cancellations or rescheduling within ______ hours may result in a fee of $______ or deposit forfeiture, if disclosed in advance.
2. If Unit Savings arrives and cannot perform service due to Customer-caused no access, blocked units, safety issues, or lack of authorization, Unit Savings may charge a trip fee/no-access fee of $______.
3. Unit Savings may reschedule for unsafe weather or force majeure conditions.

Unit Savings is not liable for delays, rescheduling, or nonperformance caused by events beyond its reasonable control, including severe weather, utility failures, accidents, illness, labor shortages, transportation interruptions, government actions, or other force majeure events. Service will be rescheduled within a commercially reasonable time.

Customer understands and assumes the risks associated with authorizing cleaning of existing commercial HVAC condenser equipment, including the risk that pre-existing or latent defects may become apparent during or after cleaning.

Customer further acknowledges that Unit Savings is not responsible for:

1. Tenant complaints
2. Business interruption
3. Occupant comfort complaints
4. Loss of use claims
5. Operational downtime allegedly related to pre-existing equipment issues

except to the extent directly caused by Unit Savings’ gross negligence or willful misconduct and subject to this Agreement’s liability limits.

As a condition to any claim, Customer must notify Unit Savings in writing of any alleged damage or service issue within forty-eight (48) hours after service completion (or sooner if reasonably possible) and allow Unit Savings a reasonable opportunity to inspect the equipment/property before any non-emergency repairs, alterations, or third-party inspections are performed.

Failure to provide notice and a reasonable inspection opportunity may limit or bar the claim to the extent Unit Savings is prejudiced.

Please read carefully. This section limits Customer’s rights and releases claims, including claims for Unit Savings’ own negligence.

To the fullest extent permitted by Indiana law, Customer, on behalf of itself and its owners, officers, employees, agents, successors, and assigns, knowingly, voluntarily, and expressly releases, waives, and discharges Unit Savings LLC and its owners, members, managers, employees, contractors, and agents from any and all claims, demands, causes of action, damages, losses, liabilities, and expenses arising out of or relating to the services provided under this Agreement, including claims for property damage, economic loss, business interruption, or personal injury, and including claims alleging the negligence (acts or omissions) of Unit Savings, except to the extent caused by Unit Savings’ gross negligence or willful misconduct or where waiver is prohibited by law.

This release includes, without limitation, claims relating to:

1. Property damage
2. Equipment failure
3. Economic loss
4. Business interruption
5. Tenant/customer complaints
6. Utility usage
7. Pre-existing defects or latent conditions
8. Refrigerant or electrical issues outside Unit Savings’ cleaning scope
9. Water behavior affected by property conditions

Customer acknowledges this waiver is conspicuous, clear, unequivocal, material, and a condition of service pricing.

Customer Initials (Liability Waiver): ________

To the fullest extent permitted by Indiana law:

17.1 Cap on Liability

Unit Savings’ total aggregate liability for any claim arising out of or relating to a specific service visit, regardless of theory (contract, tort, negligence, statutory, or otherwise), shall not exceed the amount actually paid for that specific service visit.

17.2 Excluded Damages

Unit Savings shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

1. Lost profits
2. Lost revenue
3. Business interruption
4. Loss of use
5. Tenant abatements
6. Spoilage or inventory loss
7. Replacement equipment costs
8. Utility costs
9. Reputational harm

17.3 Exclusive Remedy

Customer’s exclusive remedy for any claim is monetary damages subject to the liability cap in this Section. This limitation applies even if any limited remedy fails of its essential purpose.

17.4 No Expansion by Oral or Informal Statements

No oral statements, emails, texts, marketing materials, or field comments alter or expand Unit Savings’ liability.

Customer shall defend, indemnify, and hold harmless Unit Savings LLC and its owners, members, managers, employees, contractors, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees and costs) arising out of or relating to:

1. Customer’s breach of this Agreement
2. Customer’s lack of authority to authorize service
3. Unsafe, undisclosed, or noncompliant site conditions
4. Customer’s failure to secure or manage the work area
5. Claims by tenants, property owners, managers, vendors, or occupants related to service authorization or site access

19.1 Good-Faith Negotiation

The parties shall first attempt in good faith to resolve disputes informally. The complaining party must provide written notice and allow at least ten (10) business days for response.

19.2 Binding Arbitration

Except for claims allowed in small claims court under Section 19.3, any dispute arising out of or relating to this Agreement or the services provided shall be resolved by binding arbitration in Indiana.

19.3 Small Claims Carve-Out

Either party may bring a qualifying individual claim in Indiana small claims court within jurisdictional limits.

19.4 Venue

Arbitration shall occur in an Indiana county reasonably near the Service Address or Unit Savings’ principal place of business, at Unit Savings’ election.

19.5 Arbitration Provider

Arbitration shall be administered by the American Arbitration Association (“AAA”) or, if AAA is unavailable, a comparable provider agreed by the parties or appointed by the court, under the provider’s applicable commercial rules.

19.6 Class/Representative Action Waiver

To the fullest extent permitted by law, all claims must be brought only on an individual basis and not as class, collective, consolidated, or representative claims. If a class/representative waiver is held unenforceable for a particular claim, that claim shall proceed in court and not in arbitration.

19.7 Attorney’s Fees and Costs

The prevailing party in arbitration, collection action, or any court proceeding permitted under this Agreement shall be entitled to recover reasonable attorney’s fees, arbitration fees, court costs, and collection costs, to the fullest extent permitted by law.

19.8 Arbitration Acknowledgment

Customer acknowledges that, by agreeing to this Section, Customer is waiving the right to litigate most disputes in court and waiving any right to a jury trial for claims subject to arbitration.

Customer Initials (Arbitration): ________

Customer agrees this Agreement may be executed and accepted electronically and that the parties agree to conduct this transaction electronically.

Agreement Version ID for proof of assent: US-COM-2026-03-01-v1

Customer’s assent may be evidenced by one or more of the following records maintained by Unit Savings:

1. Required checkbox assent during booking
2. E-signature
3. Signed on-site authorization referencing this Agreement
4. Email/text authorization
5. Payment or PO-linked authorization after Customer was presented this Agreement and required to affirm acceptance

Customer agrees electronic records, signatures, booking logs, timestamps, device/IP metadata (if available), accepted-agreement version records, and communications are admissible evidence of assent and authorization. Customer further agrees that this Agreement may be delivered electronically and retained by Customer in electronic form.

This Agreement is governed by the laws of the State of Indiana, without regard to conflict-of-laws principles. Court proceedings permitted under this Agreement shall be brought in Indiana.

This Agreement is the complete and exclusive agreement between the parties regarding the services described. It supersedes prior communications on the same subject.

If there is any conflict among:

1. This Agreement
2. Proposal/quote
3. Purchase order terms
4. Invoice terms
5. Email/text communications

then this Agreement controls, unless Unit Savings signs a later written amendment expressly stating otherwise.

Customer terms on a purchase order or vendor portal that conflict with this Agreement are rejected unless expressly accepted in a signed writing by Unit Savings.

If any provision is found unenforceable, the remaining provisions remain enforceable to the fullest extent permitted by law, and the invalid provision shall be modified only as necessary to preserve its intended effect.

If any arbitration or class-waiver provision is held unenforceable, the remainder of this Agreement remains enforceable to the fullest extent permitted by law.

The following provisions survive completion, cancellation, or termination of services: payment obligations, notice of claim and inspection rights, waiver/release, limitation of liability, indemnification, dispute resolution/arbitration, attorney’s fees, governing law, and any provision that by its nature should survive.

Customer acknowledges that Customer has read and understands this Agreement, had the opportunity to ask questions, and voluntarily agrees to all terms, including the liability waiver, negligence waiver, limitation of liability, and arbitration provisions.

Customer acknowledges that the liability waiver/release in Section 16 is intended to be conspicuous and to specifically and explicitly include claims based on Unit Savings’ own negligence to the fullest extent permitted by Indiana law.