Effective Date: February 2, 2026 Governing Law: State of West Virginia Contact: info@BuyMiniSplitsUSA.com

WARNING: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE, A WAIVER OF JURY TRIALS, AND SIGNIFICANT LIMITATIONS ON LIABILITY. READ IT CAREFULLY.

By scheduling service, purchasing equipment, approving an estimate, or allowing a Mini Splits USA technician onto your property, you ("Client") agree to be legally bound by these Terms and Conditions.

1.1. Payment Terms.

• Service Calls: Due immediately upon technician arrival.
• Installations: Payment schedule is strictly defined in the invoice. Unless otherwise stated, balance is due immediately upon "Substantial Completion" (unit running).
• Card on File Authorization: Client authorizes Mini Splits USA to store payment information and charge any outstanding balances, late fees, or agreed-upon service costs to the card on file.

1.2. The "No Pay, No Warranty" Clause. STRICT CONDITION OF COVERAGE: All warranties, guarantees, and promises of service (including the 12-Year Labor Warranty and Satisfaction Guarantee) are strictly contingent upon full payment.

• Void for Default: If any portion of the invoice remains unpaid past the due date, ALL warranties are immediately and permanently void.
• Void for Chargebacks: If Client initiates a credit card chargeback, dispute, or stops payment on a check, all warranties are immediately void and the full account balance becomes due immediately.

1.3. Mechanic’s Lien Warning. NOTICE TO HOMEOWNER: FAILURE TO PAY FOR LABOR OR MATERIALS MAY RESULT IN THE FILING OF A MECHANIC’S LIEN AGAINST YOUR PROPERTY.

• Client acknowledges that Mini Splits USA retains the legal right to file a mechanic’s lien against the property if invoices are not paid in full. Client agrees to pay all legal costs, filing fees, and administrative costs associated with the filing and removal of such liens.

1.4. Collection Costs.Client agrees to pay all costs of collection, including but not limited to reasonable attorney’s fees (minimum 33% of balance), court costs, and a monthly interest rate of 1.5% (18% APR) on all overdue balances.

2.1. We Are Not the Manufacturer.Mini Splits USA is a reseller and installer. We do not manufacture, design, or engineer the equipment. We explicitly disclaim liability for manufacturing defects, including but not limited to: compressor explosions, refrigerant leaks internal to the unit, electrical board failures, or fire caused by internal component failure.

2.2. Sole Remedy.Client agrees that their sole and exclusive remedy for equipment failure lies with the Manufacturer’s Warranty. Mini Splits USA is not a party to the Manufacturer’s Warranty. We bear no legal obligation to provide labor or parts for manufacturer defects unless covered by our specific Labor Warranty.

3.1. The "Invoice Cap." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MINI SPLITS USA FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

3.2. Waiver of Consequential Damages.In no event shall Mini Splits USA be liable for:

• Loss of Use: (e.g., having to stay in a hotel because the AC is broken).
• Incidental Damages: (e.g., high electric bills, spoiled food, water damage to drywall/flooring).
• Mold/Fungal Growth: We are not liable for mold growth resulting from humidity issues or system operation.

4.1. Unforeseen Conditions (The "Can of Worms" Clause).Estimates are based on visible conditions. If concealed conditions are discovered (e.g., rotted framing, aluminum wiring, dangerous code violations, asbestos), Mini Splits USA reserves the right to stop work and issue a Change Order for the additional cost to repair. Client is responsible for these costs.

4.2. Environmental Hazards.Mini Splits USA is not licensed for the abatement of hazardous materials. If asbestos, lead paint, or mold is discovered, we will stop work immediately. Client is responsible for professional remediation before we return.

4.3. Pets and Minors.Client agrees to keep all pets secured and minors away from the work area. Mini Splits USA is not liable for injury to pets or children who enter the work zone. Client is strictly liable for any injury to our technicians caused by unsecured pets (e.g., dog bites).

4.4. Right to Refuse Service.Technicians have the absolute right to vacate the premises if they feel threatened, unsafe, or if the environment is unsanitary. Client will be billed for the time incurred.

5.1. Photo/Video Release.Client grants Mini Splits USA the irrevocable right to take photographs and videos of the installation, equipment, and work area. Client grants Mini Splits USA permission to use these images for marketing, social media, training, and website content without compensation to the Client. We will make reasonable efforts to exclude personal family photos or identifying house numbers from marketing shots.

6.1. 12-Year Labor Warranty (Premium). Valid only if listed on invoice.

• Requirement: Client must perform Annual Maintenance exclusively with Mini Splits USA. Missing a single year voids coverage.
• Transfer: Transferable to new owner for a fee, ONLY if maintenance records are perfect.
• Exclusions: Acts of God, power surges, lack of maintenance, animal damage.

6.2. 1-Year "Worst Decision" Guarantee. Valid only if listed on invoice.

• Terms: Refund of purchase price minus $500 Restocking Fee.
• Condition: Unit removed by us. We do NOT repair cosmetic damage (holes in siding/drywall) left after removal.

6.3. Voiding Acts.Any warranty is legally VOID if:

• Anyone other than Mini Splits USA services the unit.
• The unit is moved from its original location.
• The account is past due.

7.1. Binding Arbitration.Any dispute, claim, or controversy arising out of this Agreement shall be determined by binding arbitration in the State of West Virginia, rather than in court. Client agrees that they are waiving the right to a trial by jury.

7.2. Class Action Waiver.Client agrees to bring claims only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

7.3. Waiver of Subrogation.Client waives all rights of subrogation against Mini Splits USA. This means Client’s insurance company carries no right to sue Mini Splits USA for recovery of claims paid to the Client (e.g., water damage claims).

8.1. Diagnostic Fee.The Service Call fee pays for the technician’s time and expertise to diagnose. It is earned upon arrival and is NON-REFUNDABLE, regardless of whether a repair is possible or successful.

8.2. No Guarantee of Parts Availability.We are not responsible for delays caused by supply chain shortages or discontinued parts.