Note: all customers agree to adhere to the following terms in the event Aire Rite Air-conditioning & Refrigeration, Inc extends credit.
The customer further acknowledges the “Terms & Conditions” which include but are not limited to a payment term of NET 30 at Aire Rite’s offices as stated above. The customer agrees to pay all reasonable costs, including collections fees, legal fees, attorney fees and any other reasonable expenses incurred by Aire Rite in the event of customer’s failure to pay all obligations and indebtedness when due. The applicant agrees that in the event an invoice is not paid within the aforementioned terms each invoice will be deemed as past due and be subject to California’s maximum legal finance charge per month as applicable, and agrees to be bound thereby. Failure by Aire Rite to levy a finance charge shall not be construed as a waiver unless specifically agreed to in writing. The parties hereto agree that any and all reference tickets and/or invoices constitute a written contract. Acceptance of Aire Rite work/parts/services constitutes applicant/customer’s agreement to pay Aire Rite for same.
Title to any equipment sold and delivered by Aire Rite to customer’s premises shall remain the property of Aire Rite until Aire Rite is paid in full. In the event the customer has not timely paid Aire Rite any sums due hereunder, Aire Rite at its sole option may enter customer’s premises during normal business hours where any Aire Rite supplied equipment has been installed and remove same.
Aire Rite Air Conditioning and Refrigeration, Inc. maintains a convenience fee policy. On occasion, an Aire Rite customer may wish to pay an Aire Rite invoice with either a credit card or a debit card. In such event, all Aire Rite customers will be charged a convenience fee of three percent (3%) on all credit or debit transactions in which the Aire Rite customer has elected to pay via credit card or debit card. The convenience fee will only be levied against that amount of any Aire Rite invoice which is paid by credit card or debit card. Aire Rite has adopted its convenience fee policy as a result of Aire Rite having received inquiries from some of our customers as to whether or not Aire Rite is willing to accept payment by form other than cash or check.
The customer agrees that any dispute, claim, or controversy concerning this Agreement or the termination of this Agreement, or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be submitted to Binding Arbitration at Judicate West, Long Beach, California. The Arbitrator shall be a Retired California Superior Court Judge. This Agreement shall be governed by the laws of the State of California without regard for conflict of law. The applicant/customer hereby expressly agrees that the Arbitrator Award shall include an award of all attorney’s fees, costs and arbitration fees and expenses to the prevailing party. An Award of Arbitrator shall be enforceable by a Court Judgment in the California Superior Court for the County of Orange. Additionally, the applicant / customer agree that at any time Aire Rite may, at its sole discretion, submit a claim to Small Claims Court, should Aire Rite deem this option to be appropriate. The venue is mutually agreed to be that of California Superior Court of Orange County: West Justice Center, located in Westminster, California.