Terms and conditions
1. DEFINITIONS:
“Customer” or “you” means the person, partnership, company, or corporation
purchasing the Service hereunder. “Equipment” means the HVAC unit, Electric Panel,
generator, electric switches or associated equipment that is the subject of the Service rendered
hereunder. “Service” means the installation, inspection, servicing, reconditioning, start-up, alteration,
repair, replacement, or correction of Equipment, or a part thereof, or assistance with respect thereto.
“Oklahoma’s Finest” or “our” or “us” or “we” means Oklahoma’s Finest Electric Heating and Air LLC, an Oklahoma limited liability company or subcontractors. “Terms and Conditions” means these Oklahoma’s Finest General Terms and Conditions. “Service Order/Work Order” means the executed agreement between Oklahoma’s Finest and the Customer setting forth the terms of the Service and/or purchase of Equipment, which incorporates these Terms and Conditions.
2. CONTRACT: By accepting the Service or making a payment for all or part of the Service you accept
the Equipment and/or Service pursuant to these Terms and Conditions. Maintenance Plan Memberships
shall commence on the date of your Service Order and continue thereafter on an annual basis.
Maintenance Plan Memberships shall automatically renew for one (1) year periods unless you notify us in
writing at least thirty 30 days before the end of the term by mailing notice to the Oklahoma’s Finest address listed on your Work Order. You may cancel your Membership Plan by calling our office at the number listed on your work order and requesting cancellation.
Oklahoma’s Finest reserves the right to terminate or modify Memberships at any time without notice.
3. LABOR WARRANTY: Oklahoma’s Finest provides a one year workmanship warranty from the date of the installation or service performed under the Service Order. Oklahoma’s Finest guarantees that a contractor’s work will be free of defects for a period of one year. The warranty covers labor and materials used in the project. This means that for the first year following the execution of this Work Order if defects arise due to workmanship on installation or Service as set forth in this Work Order occur, we will address and perform to the customers satisfaction or mutual agreement those issues regarding our workmanship. Remedy may include removal of the installed Equipment and partial refund of money paid for services or service fees.
This Labor Warranty as described above applies so long as: (i) if applicable, your entire HVAC
system (“HVAC System”) and/or generator is maintained annually by an Oklahoma’s Finest
Service Technician (ii) all repairs recommended by Oklahoma’s Finest are performed, if on the HVAC System and/or generator, by an Authorized Service Technician and/or, if on (iii) if applicable, the HVAC System and/or generator has been used solely for the purpose and under the conditions for which it was intended and designed; (iv) if applicable vent systems as it relates to the Equipment installation is operating effectively; (v) the HVAC System, generator, and/or Electric System has not been subjected to misuse, alteration, accident or abuse. The warranties herein and remedies for breach thereof are exclusive and conditioned upon Customer providing timely notification to Oklahoma’s Finest. They are given by Oklahoma’s Finest and accepted by Customer in lieu of any and all other remedies, warranties, and guarantees, express or implied, and IN LIEU OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
OKLAHOMA’S FINEST DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,
UNDER NO CIRCUMSTANCES, WHETHER ARISING IN THE CONTRACT, EQUITY, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, SHALL OKLAHOMA’S FINEST, ITS AGENTS, AND ITS EMPLOYEES
BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST DATA
RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT, LOSS OF OPERATING
TIME OR LOSS OF, OR REDUCTION IN USE OF, ANY EQUIPMENT (INCLUDING EXISTING
EQUIPMENT) OR ANY PORTION THEREOF, INCREASED EXPENSE OF OPERATION OR MAINTENANCE, OR EXPENSE OR REPLACEMENT PRODUCTS RESULTING FROM THE BREAK- DOWN OR
FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN OR THE INABILITY TO RENDER ANY SERVICE.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL
OKLAHOMA’S FINEST BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, OR DAMAGE ARISING
FROM ANY SOURCE WHATSOEVER, INCLUDING NEGLIGENCE, IN EXCESS OF THE PRICE PAID BY
CUSTOMER FOR THE SERVICE WHICH GIVES RISE TO THE LOSS, COST, OR DAMAGE.
5. ASSUMPTION OF RISK: YOU ACKNOWLEDGE THAT THE EQUIPMENT HAS CERTAIN
INHERENT RISKS INCLUDING CARBON MONOXIDE POISONING AND ELECTROCUTION.
WHERE THE EQUIPMENT INCLUDES A STANDBY GENERATOR, IF YOU MOVE THE
EQUIPMENT INDOORS, INTO A GARAGE OR OTHER STRUCTURE, OR FAIL TO ENSURE THAT
THE EQUIPMENT IS ADEQUATELY VENTILATED, YOU ARE ASSUMING THE RISK OF CARBON
MONOXIDE POISONING, INJURY AND DEATH. Do not cover the Equipment or plant bushes
or shrubs near the Equipment, which may block ventilation.
6. WHAT IS NOT COVERED/GUARANTEED: This Service Order does not cover: (1) any
additional Equipment that is added to your HVAC System and/or ELECTRICAL System; (2) any
maintenance to Equipment that has been altered or repaired by anyone other than an
Authorized Service Technician or Licensed Technician, including any unauthorized alterations
made by you to the Equipment; (3) damage or other Equipment failure due to causes beyond
Oklahoma’s Finest control including, but not limited to, repairs necessary due to operator
negligence, Customer’s failure to maintain the Equipment according to the owner’s manual
instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power
supply, moisture or other unusual atmospheric conditions, acts of war or acts of nature; (4)
consumable items defined as any part that is considered consumable by the manufacturer,
including, but not limited to, nitrogen, torch, flux, solder, carbon dioxide, process fluids, Teflon
tape, thread sealant, testing fluids, cramp rings(s), compression gaskets, washers and/or rings,
wax rings and/or seals, bolt connectors, lubricants, glycol, additives, filters, media filters,
humidifier filters (evaporator pad), spark plugs, gas supply, engine oil, air, oil and fuel filters, and
batteries; (5) damage or failure caused by animals or insects; (6) routine maintenance,
including but not limited to “topping off” an air conditioner, replacing oil or gas nozzles, water
heater flush, water testing, drain line inspection, valve operation and/or fixture condition, or any
repairs which are made necessary because routine maintenance was not performed by you;
(7) maintenance parts such as seals, gaskets, filters, lubricants, or refrigerant gasses and
hoses, unless specifically included in the description of the applicable Service; (8) repairs to correct failures or malfunctions that are not manufacturing defects such as rust, brownouts, environmental conditions outside of manufacturer’s specifications, oxidation, water scaling, corrosion, water, freezing, fire or other natural acts; (10) leaks; i.e. gas or gas lines changeover of chlorofluorocarbons (CFC) to non-CFC refrigerants due to lines, governmental regulation, condenser/heat pump, evaporator coil
and/or refrigeration unit at the evaporator, Schrader cores, condenser and/or metering device
as a result of loose valves and/or loose valve caps, interconnecting fittings and/or field piping
(line sets/tubing), gas or fuel lines, changeover of chlorofluorocarbons (CFC) to non-CFC
refrigerants due to governmental regulation; (11) miscellaneous items such as nitrogen that
are used to detect or diagnosis failures unless specifically included in the description of the
applicable Service and/or; (12) alteration of the Equipment to meet changes in federal, state or
local codes and regulations, or repairs which require additional parts and labor to bring the
Equipment into working condition as a result of such government regulations; and/or (13)
manual or digital thermostats unless specifically included in the description of the applicable
Service.
7. COMPENSATION, INVOICING, AND PAYMENT: Payment is due upon completion of work.
Delinquent accounts are subject to interest at the rate of 1.5% per month, but not in excess of the
maximum rate permitted under applicable law. Customer agrees to pay all expenses incurred by
Oklahoma’s Finest for collecting any delinquent accounts, including, but not limited to reasonable
attorney’s fees, filing fees and associated costs. Oklahoma’s Finest shall invoice the Customer for all
charges incurred in accordance herewith and such invoices shall be due upon completion of work
for any Service performed in a single service call. For Maintenance Plan Memberships, you may
authorize payment by “Automatic Credit Card Debit”, whereby you authorize Oklahoma’s Finest to charge the recurring monthly or annual payment(depending on your payment selection on your Service Order) from your account beginning within 30 days after the date of your Service Order. The automatic payment will continue until notice of termination is received by Oklahoma’s Finest via the mail, phone or email information listed on your Service Order. As permitted by applicable law, upon renewal of your Maintenance Plan Membership you agree that Oklahoma’s Finest may change or increase the monthly or annual installment charge and automatically debit such charge in connection with any changes to standard service fees.
Cancellation will be subject to Oklahoma’s Finest then current refund policy.
8. SCHEDULING: Customer shall schedule a date for Service at the time of purchase or hereby
authorizes Oklahoma’s Finest to contact Customer at a later time to schedule the appointment. If any
Service is not scheduled at the time of purchase, or if the appointment is cancelled or otherwise
prevented from occurring, Oklahoma’s Finest will make three (3) attempts to schedule the appoint-
ment to complete the applicable Service. To the extent permitted by applicable law, in the event
Oklahoma’s Finest cannot reach Customer after three (3) reasonable attempts or is not permitted to
perform the Service after three (3) attempts to schedule such Service, then Customer agrees that
Oklahoma’s Finest shall have fulfilled its obligations as to such Service hereunder, and Oklahoma’s Finest shall retain all funds associated with the purchase of such Service and be relieved of any
further obligations to provide the Services.
9. CONSENT TO CONTACT: By providing your telephone number (including any cellular or
mobile telephone number), and signing this Service Order, you expressly consent to receive
calls, text (SMS/MMS) messages, artificial or pre-recorded voice messages or voicemail
transmissions, including calls made by an automated telephone dialing system or automated
system for the selection and dialing of telephone numbers or the playing of a recorded
message when a connection is completed to a number called, by or on behalf of Oklahoma’s Finest
our assigns, affiliates and subsidiaries, to schedule and provide products and services
associated with your purchase or service, and for other purposes related to your account,
including promotional and marketing communications, at the phone number you provided in
this Service Order. You authorize telemarketing calls and texts even if you have previously
included your telephone number(s) on any federal or state Do-Not-Call registry or list.
Consenting to these contact methods is not a condition of purchasing any property, goods or
services offered by Oklahoma’s Finest. We do not sell the Opt in or telephone number of our customers to any
Third Party for marketing purposes.
The person providing this consent has the authority to provide
consent either as the subscriber or as the customary user with authority to provide consent.
Your service provider’s message and data rates may apply. Message frequency may vary, example up to 3 phone call attempts to schedule your appointment.
You can opt out of receiving calls and or text messages at any time by responding to any text message you receive with “STOP”
“END” “CANCEL” “REVOKE” “OPT OUT” “UNSUBSCRIBE” OR “QUIT” in order to stop
receiving texts, or “STOP ALL” “END ALL” “CANCEL ALL” “REVOKE ALL” “OPT OUT ALL”
“UNSUBSCRIBE ALL” OR “QUIT ALL” in order to stop receiving both texts and calls. You may
receive an additional text message confirming your decision to opt out. Alternatively, you may
opt out of receiving further calls or texts by contacting us anytime at (405)701-8009. You may also Text “Help” for assistance or contact Office.oks.finest@gmail.com for support
10. OUR COMMITMENT ABOUT YOUR PRIVACY: You understand that we may collect,
use, disclose and share your personal information, including without limitation, to our
service providers and business partners, in accordance with our privacy policy.
If you wish to exercise any of your rights regarding your data under applicable data privacy laws, please contact us atOffice.oks.finest@gmail.com ATTN Privacy
11. CONSENT TO MONITORING OR RECORDING: You agree that your telephone conversa-
tions with Oklahoma’s Finest employees or representatives may be monitored or recorded, unless, at
the commencement of each telephone conversation, you advise that you do not wish the call to
be monitored or recorded.
12. LIEN RIGHTS: Oklahoma’s Finest hereby notifies Customer that persons or companies furnish-
ing labor or materials for the Services performed on Customer’s land may have lien rights on
Customer’s land and buildings.
13. GOVERNING LAW: This Agreement shall be construed and governed by the laws of the
State of Oklahoma.
14. WAIVER: Oklahoma’s Finest waiver of any breach by Customer of any of the provisions
contained herein shall not constitute a waiver of any other breach of the same or any other
provision. Oklahoma’s Finest rights and remedies under any provision contained herein shall be
in addition to and not in substitution or limitation of any other rights and remedies available
to Oklahoma’s Finest under applicable law.
15. HEADINGS AND SEVERABILITY: Oklahoma’s Finest waiver of any breach by Customer of
any of the provisions contained herein shall not constitute a waiver of any other breach of the
same or any other provision. Oklahoma’s Finest rights and remedies under any provision
contained herein shall be in addition to and not in substitution or limitation of any other rights
and remedies available to Oklahoma’s Finest under applicable law.
16. ENTIRE AGREEMENT: These Terms and Conditions, together with the Service Order,
state specific addendum attached hereto, and any applicable Program Terms, shall constitute the
entire agreement of the parties and shall not be modified except by written change order
issued and signed by Oklahoma’s Finest. No prior representations, inducements, promises, or
agreements between the parties, whether oral or written, shall be of any force or effect and
any said prior representations, inducements, promises, or agreements are hereby revoked and
superseded. No terms stated by Customer in accepting or acknowledging this offer or otherwise
shall be binding except as expressly incorporated herein by Oklahoma’s Finest. THIS SERVICE
ORDER IS EXPRESSLY LIMITED TO ACCEPTANCE UPON THE TERMS AND CONDITIONS