Terms & Conditions
1. Scope of Terms and Conditions The Terms and Conditions of product sales and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you ("Customer") are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging Direct Improvements LLC ("Seller") to provide product(s) or perform or produce any services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Seller have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement." Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or engaging Seller to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Seller's Site at the time Customer signs the Installation Proposal will govern, unless otherwise agreed in writing by Seller and Customer.
2. Payment Terms Customer shall pay Seller according to the terms contained in the Installation Proposal. If no terms are specified, at least half payment is due prior to start of job and the final payment will be due upon start of job.
3. Zoning and Permits Customer agrees to timely furnish all information necessary to secure plans and permits for the work called for under this Agreement, and Customer warrants the work contracted for to be in compliance with applicable zoning, classification, and building codes. Any costs for work not in the Estimate but required by lawful authorities to bring the work into compliance with applicable code shall be the responsibility of the Customer. Seller assumes no responsibility for violation of zoning rules/laws.
4. Change Orders During the progress of the work under this Agreement, if Customer should order extra work not specified in the Agreement, Seller may require such extra work to be considered an agreement separate and aside from this Agreement and may require payment for said extra work in advance.
5. Equipment and Materials
5.1 Equipment Specifications Quotes are based on the equipment and materials known of and available at the time of the quote. Due to factors like supplier changes and product updates, specific models, sizes, and colors may vary. We are committed to providing equivalent or better products if substitutions are necessary. While we strive for accuracy, please understand that changes in specifications are not grounds for claims or losses.
5.2 Changes in Equipment or Material Costs Due to factors such as supplier price changes, market fluctuations, or inflation, the cost of equipment or materials required for ongoing projects may change after the initial estimate or agreement. In the event that these costs increase during the course of the project, the customer will be responsible for covering the additional cost. We will notify the customer of any price adjustments and provide an updated estimate for approval before proceeding with the purchase or installation of any affected equipment or materials.
6. Work Schedule Work shall be completed within a reasonable time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Seller's ability to obtain materials, and/or any cause beyond Seller's control.
7. Substitutions Should Seller be unable to obtain any material(s) specified in the Agreement or any Change Order, Seller shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the Contract Price.
8. Excess Materials Extra materials left over upon completion shall be deemed Seller's property, and Seller may enter upon the Property's premises to remove excess material(s) at all reasonable hours.
9. Sequences, and Procedures Customer shall not interfere with Seller's workforce or Seller's subcontractors.
10. Limited Warranty Seller shall provide Customer with a limited warranty on service and labor for the duration set forth in the Installation Agreement, beginning on the date of completion of services against defects in the quality of workmanship and/or materials ("Warranty Period"). Seller shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures (cooling set below 70°F, for instance); (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, or expansion or contraction of, any materials; (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. If Customer opts for a Warranty Period exceeding two (2) years, Customer agrees to maintain yearly service agreements with Seller for the entire duration of the Warranty Period; Seller shall not be liable for warranty repairs during the Warranty Period in the absence of such yearly service agreement(s). If the Customer sells the home then the equipment will default to base warranty of 5 years parts and 5 years labor (assuming maintenance agreement is kept current). If applicable, Customer is responsible for paying equipment manufacturer for any transfer of equipment warranty.
11. Design Conditions All equipment is designed according to the Manual J. standard design temperatures for Chicago, IL (Cooling: 75°F indoor dry bulb temperature w/ 50% indoor relative humidity at 92°F outdoor dry bulb temperature. Heating: 70°F indoor dry bulb temperature w/ 50% indoor relative humidity at 23°F outdoor dry bulb temperature). Seller is not responsible for cooling/heating beyond the Manual J. standard design temperatures, high humidity levels, system reaching dew point, ductwork sweating/producing condensate due to home infiltration rates or any other reason. R-values, structural tightness, ductwork conditions, home infiltration, leakage of ductwork, building materials and any other factor in the load calculation will be determined by the information the Customer provides to Seller upon initial consultation, Seller is not responsible for any problems incurred due to incorrect information provided by Customer at the time of consultation.
12. Performance or Condition of Existing Equipment Seller is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.
13. Existing Line Set Seller is not responsible for any problems with heating or cooling due to the existing line set, which may require repair and replacement for an additional cost to the Customer in the event Seller is unable to pull a 500 micron vacuum on an existing line set. Should Customer reject Seller's recommendation to replace an existing line set, Seller's limited warranty is voided.
14. Existing Gas Pipe Seller is not responsible for the condition of any existing gas pipe that is not readily accessible. Customer is responsible for any additional costs incurred if pressure testing is required to identify leaks and necessary repairs.
15. Paint, Patchwork, and Repairs Seller is not responsible for any painting, patchwork, or repair work that may be required following modification/installation work.
16. Personal Property Seller is not responsible for damage to Customer's personal property left in or near the project area.
17. Existing Attic Access Stairs In the event Customer's existing stairs cannot be safely utilized for the removal and installation of equipment, an alternate method or access may be required. Seller is not responsible for (a) the replacement or repair of attic steps or stairs that must be removed to complete removal or installation work; and/or (b) any property damage resulting from the removal of the attic steps or stairs.
18. Mold Seller shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold. The discovery and/or removal or any mold or any hazardous materials is excluded from the scope of Seller's work, and Seller reserves the right to stop work until such mold or hazardous materials are removed.
19. Insurance and Waiver of Subrogation Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall inure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and Seller waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto.
20. Indemnification Customer shall indemnify, defend, and hold harmless Seller and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney's fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Seller; and (b) any failure of the Customer to comply with the requirements of the Agreement.
21. Access and Restoration Clause If it becomes necessary to cut out drywall or any other materials in order to access the equipment for a proper installation, an additional charge will apply, and the customer shall be responsible for covering the cost of access and any necessary repair work to restore the area to its original condition.
22. Risk of Loss Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer's Property. Seller shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to Customer's Property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.
23. Severability Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.
24. Performance If Customer fails to perform any of Customer's obligations herein or if Seller, in good faith, believes that the prospect of payment or performance to be impaired, Seller may upon seven (7) days written notice to Customer terminate this Agreement while retaining all mechanic's lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys' fees, and other charges due and unpaid.
25. No-Show Policy In the event that a customer fails to be present at the scheduled service appointment or does not provide prior notice of cancellation or rescheduling within a reasonable time, the following charges will apply: Residential Service: A service fee of $125 will be charged for no-show appointments.Commercial Service: A service fee of $225 will be charged for no-show appointments. We reserve the right to wait for up to 15 minutes from the scheduled appointment time. If the customer does not arrive within this time frame, the technician will consider the appointment as a no-show and proceed with the applicable charge.If you need to reschedule or cancel your appointment, please notify us at least 24 hours in advance to avoid any service charges.
26. Collections If amounts owing under this Agreement are not paid within one (1) business day from the time of completion of agreed upon services, Customer agrees to pay a late charge on any outstanding balance at half of one percent (.05%) per day or twenty-four per cent (24%) per annum on the unpaid amount calculated from the date payment was due. Customer will be deemed to have accepted Seller's performance as complete under this Agreement unless Customer notified Seller in writing otherwise within thirty (30) days of substantial completion. Should Seller retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owing, Customer agrees to pay Seller's costs associated therewith including without limitation reasonable attorneys' fees, court costs, and interest at the maximum legal rate.
27. Membership Terms and Conditions
27-1. Agreement Acknowledgment By signing this agreement, you signify your agreement to the terms listed below. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes on our website: www.directimprovements.com
27-2. Routine Maintenance Schedule Your Safety Inspection or Tune-Up on your equipment is covered for 12 months from the date on the front of this form. Routine maintenance will be scheduled during the following months: January, February, March, April, August, September, November, and December. Available hours: 8:00 A.M. to 5:00 P.M., Monday through Saturday. Note: Saturday scheduling is subject to availability and may be offered at our discretion.
27-3. Credit Cards and Payment Security Direct Improvements LLC takes your privacy seriously, including the security of your payment information. Your information will be used solely for internal purposes and will not be shared with any third party.
27-4. Memberships / Billing Terms
4.1. By opening a Service Agreement Membership, you agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable.
4.2. We reserve the right to change the amount or basis for determining any fees or charges and to institute new fees or terms effective on your annual renewal date.
4.3. This membership is a 12-month agreement that automatically renews each year.
4.4. Your credit card will be charged monthly unless you cancel before the renewal date.
27-5. Membership Cancellation To cancel your membership, you may mail or email your cancellation request to: Mailing Address: Direct Improvements LLC 111 W. Jackson Blvd., Suite 1700 Chicago, IL 60604 Attn: Membership
Email:wecare@directimprovementsllc.com
5.1. There is no refund for any unused portion of your current membership.
5.2. If services rendered or discounts given exceed your monthly payments, you agree to reimburse Direct Improvements LLC in full prior to cancellation.
5.3. Your authorization to charge your credit card will continue until all charges are paid in full.
5.4. This agreement can only be transferred with written approval from Direct Improvements LLC.
5.5. If payment is declined, returned, or charged back, we may suspend or terminate your membership and this agreement.
5.6. Your right to service is subject to limits set by Direct Improvements LLC or your credit card issuer.
27-6. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DIRECT IMPROVEMENTS LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR FAILURE TO USE ANY SERVICES PROVIDED UNDER THIS AGREEMENT. If applicable law does not allow this limitation or exclusion, it may not apply to you. In no event shall our total liability to you exceed the amount paid for your club membership.
27-7. Automatic Termination for Non-Payment It is the customer's sole responsibility to ensure timely payment for their service plan. Failure to make payment for three (3) consecutive billing cycles will result in automatic cancellation of the service without further notice. Direct Improvements LLC is not liable for any disruption of service due to non-payment. The effective date of cancellation will be the last day of the third unpaid billing month.
28. SMS Messaging Terms & Conditions
By providing your phone number to Direct Improvements LLC through our website, booking forms, service requests, or customer interactions, you consent to receive SMS text messages from Direct Improvements LLC for the following purposes:
• Appointment confirmations and reminders
• Service notifications and technician updates
• Job scheduling and follow-ups
• Account notifications and billing alerts
• Promotions, maintenance reminders, and special offers
Message frequency varies depending on customer interaction and services requested.
Message and data rates may apply based on your mobile carrier plan.
You may opt out of receiving SMS messages at any time by replying STOP to any message. After opting out, you will no longer receive SMS communications unless you opt in again.
For assistance, reply HELP or contact customer support at:
📞 708-781-8002
🌐 https://www.directimprovements.com
Mobile carriers are not liable for delayed or undelivered messages.
SMS services are intended for users 18 years of age or older.
Direct Improvements LLC does not sell or share SMS consent or mobile phone numbers with third parties or affiliates for marketing purposes.
For information on how we collect and use personal information, please review our Privacy Policy:
https://www.directimprovements.com/privacy-policy
Contact Information:
Direct Improvements LLC
Phone: 708-781-8002
Website: https://www.directimprovements.com
29. Entire Agreement This Agreement constitutes the entire agreement between Customer and Seller. No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties.
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