Terms & Conditions

Burnside Air Conditioning - General Terms & Conditions

1. Burnside Air Conditioning, Heating, and Plumbing is Hereby Referred to as "BURNSIDE".
   Burnside Provides Services to Residential and Commercial Customers. These Terms Apply to All Users of Our Website and Services, Including Clients, Visitors, and Other Parties.
2. BURNSIDE Services Include but are Not Limited to HVAC and Plumbing Installation, Maintenance, and Repair. Specific Details of Your Service Agreement Will be Outlined in a Written Contract or Invoice. We Reserve the Right to Refuse Service to Any Client for Legitimate Reasons, Including Safety Concerns, Lack of Resources, or Non-Compliance with these Terms.
3. I Have the Authority to Order the Work Listed as Outlined. It is Agreed That the Seller (BURNSIDE) Will Retain Title to any Equipment and/or Materials Installed Until Final and Complete Payment is Made. If Settlement is Not Made as Agreed, the Seller Shall have the Right to Remove Same, and the Seller Will be Held Harmless for Any Damages Resulting From the Removal Thereof.
4. I Agree to Pay the Total Amount Listed on the BURNSIDE Service or Installation Invoice, in FULL OR Accordance With the Card Issuer Agreement.
5. Unpaid Commercial Accounts Will be Charged Interest at the Rate 2.0% Per Month, From the Date the Work was Performed Until the Balance is Paid in Full.‍
6. Use Of Website. The content on this website is provided for informational purposes only. Unauthorized use or reproduction of website content is prohibited. We strive to ensure accuracy but do not guarantee the website's content is error-free.‍
7. Privacy Policy. Our collection and use of personal data are governed by our Privacy Policy.‍
8. Messaging Terms & Conditions. By providing your phone number and opting in, you agree to receive informational and promotional messages from Burnside Air Conditioning & Heating. These messages may include, but are not limited to: Appointment reminders, Project updates, Promotional offers, Account notifications.
   
   • Message Frequency. Message frequency varies based on your interaction with us and the nature of the service.‍
   • Message and Data Rates. Standard message and data rates may apply depending on your mobile carrier and service plan.‍
   • Opt-Out Instructions. You can opt out of receiving messages at any time by replying STOP to any message we send. Upon opting out, you will receive a final confirmation message, and no further messages will be sent unless you opt in again.‍
   • Customer Support. If you need assistance, text HELP to the number that messaged you, or contact us at (972) 562-7789.‍
9. Privacy. We value your privacy. Your phone number and information will only be used for the purposes outlined above.‍
10. Governing Law. These Terms are governed by the laws of the State of Texas. Any disputes will be resolved in the courts of Texas County.
11. All Parts, Equipment and Materials Installed by BURNSIDE are Covered by Applicable Manufacturers' Warranties and Policies. Manufacturers Warranties Vary and May Require Homeowner to Complete a Registration. Homeowner is Solely Responsible for Checking or Registering Their Equipment and/or Products with the Manufacturer within 30 Days of Installation. BURNSIDE Assumes No Responsibility For Any Product Registrations.
12. Homeowner is Solely responsible for Submitting or Checking For Any Applicable Manufacturer's Rebates. Manufacturers' Rebates MUST BE Submitted Within Fourteen (14) Days of the Original Installation. Failure to Submit Rebates Within Fourteen (14) Days of the Original Installation Will Result in Forfeiture of the Rebates. BURNSIDE Assumes No Responsibility For Manufacturers' Rebates.
13. Installed Equipment Requires Service Twice per Year by BURNSIDE to Maintain the Manufacturer's Warranties. Failure to Provide Required Maintenance Twice per Year by an Authorized Contractor Will Void Manufacturers' Warranties.
14. System AHRI Efficiency Ratings (SEER/EER/HSPF/BTUH) that are Published on Our New System Replacement Proposals are Subject to Change Without Notice at the Discretion of AHRI (Air-Conditioning, Heating, & Refrigeration Institute).
15. Homeowner Authorized BURNSIDE to Execute Any and All Documents to Set Up Warranty with Equipment Manufacturer.
16. BURNSIDE Requires That a Representative Adult (18 Years or Older) be Present at the Work Site/Residence at ALL Times When BURNSIDE is Present and Working.
17. BURNSIDE Requires That All Animals/Pets and/or Infants/Toddlers Be Contained and Kept Well Away from Any Areas Where BURNSIDE is Working for the Entire Duration of the Work.
18. Shipping, Handling, Processing, Return Trip Charges and/or Labor Charges May Apply to All Warranty Parts/Repairs.
19. As far as Attic stairs and trim, BURNSIDE is NOT responsible for any damages or injuries resulting from the use of wooden pull-down stairs during HVAC and Plumbing service. These types of stairs may be old, worn, and not fitting properly are prone to breakage.
20. Payment In Full, In Advance, Will be Required for Special Order Parts/Equipment. Special Order Parts or Equipment are Both Non-Returnable and Non-Refundable.
21. BURNSIDE Provides a One (1) Year Labor Warranty and 100% Workmanship Guarantee On Any New Equipment Purchased and Installed From BURNSIDE, Effective From the Date of Installation.
    BURNSIDE Provides a Thirty (30) Day Labor Warranty On Any Repair Parts Purchased and Installed From BURNSIDE. Labor Warranties Can Be Extended for Up To One (1) Year on New Repair Parts With Purchase of a Qualifying Gold Star Membership. Some Restrictions Apply.
22. Certain Repair Parts Qualify For a Five (5) Year Parts and Labor Warranty When Installed for Current and Active Gold Star Members Only. Those Parts Are Strictly Limited to Truck Stock Universal Thermostats, Truck Stock USA Made Capacitors and Truck Stock Universal Motors. Gold Star Special Extended Warranties on Said Parts Will Be Voided if Gold Star Membership Should Lapse for a Period of More Than Thirty (30) Days.
23. BURNSIDE Offers NO WARRANTY on the Installation of Any Stop-Leak Additives For Any Systems) With Refrigerant (Freon) Leaks. Stop-Leak Additives Are Only Offered as an Alternative to More Costly Repairs as a Convenience to Our Customers. No Such Product is Guaranteed to Work by Either BURNSIDE or the Product Manufacturer Under Any Circumstances. BURNSIDE Will Not Install Stop-Leak Additive to a System Unless a Refrigerant Leak Search is Performed by BURNSIDE.
24. BURNSIDE Offers NO WARRANTY on Adding Refrigerant (Freon) to a System With a Suspected Refrigerant Leaks). Performing a Proper Leak Search is Strongly Recommended When a System is Low on Refrigerant to Identify a Course of Action to Correct the Problem. Any Refrigerant Leaks) That are Identified and Repaired Will Only have a Thirty (30) Day Workmanship Warranty on the Actual Performed Repair Site. Any Additional Leaks) That Occur or Were Not Identified and Repaired Will Not Be Warrantied and Additional Charges Will Apply.
25. Certain Problems May Prevent Your Heating and Cooling from Operating Properly That are Not Covered by Any Warranties. These Problems Include But are Not Limited to Damage Caused by Birds, Animals, Insects, Power Outages, Lack of Maintenance, Abuse of Equipment, Act of Nature (Lightning, Tornado, Etc.) or Any Other Improper or Unauthorized Use of Equipment.
26. BURNSIDE Assumes No Responsibility for Any Existing Light Switches or High Voltage Service Disconnects Not Provided By and Installed By BURNSIDE. Switches and Service Disconnects are Turned OFF During the Course of Normal Service for Safety Reasons and are Expected to Turn Back On Normally. If They Do Not Turn Back On From Normal Usage, BURNSIDE Will Not Be Held Responsible.
27. BURNSIDE Assumes No Responsibility For and Make No Warranties or Representations, Expressed or Implied as to Any Existing Equipment, Parts, Accessories or Installations Not Provided or Installed by BURNSIDE. Any Warranty Contained Herein Shall Be Solely Limited to Equipment, Parts, Accessories, or Installations Provided By and Installed By BURNSIDE.
28. BURNSIDE Assumes No Responsibility For Internet Connectivity to Wi-Fi Thermostats or Other WiFi Connected HVAC Devices. Home Wi-Fi Networks are the Sole Responsibility of the Homeowner.
29. BURNSIDE Assumes No Responsibility For Electrical, Plumbing or Any Work of Other Parties, Already Existing or Currently Performed, Seen or Unseen.
30. BURNSIDE Does Not Recommend Installations of Unmatched Equipment (ie condensers and coils).
    Unmatched Equipment is Defined as Products without AHRI Rating.
31. I Have Read the Above and Agree to These Terms and Conditions. BURNSIDE Reserves the Right to Amend or Change These Terms and Conditions Without Notice.
32. Regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599, www.tdlr.texas.gov
    

BURNSIDE - Gold Star Terms & Conditions

1. Gold Star Memberships are Twelve (12) Month Memberships and are Billed on an Annual Basis. Gold Star memberships will Renew at the End of the Twelve (12) Month Term.
2. Gold Star System Inspections Will Be Performed at Approximately Six (6) Month Intervals and are Scheduled Over the Full Twelve (12) Month Calendar to Serve All of Our Clients. BURNSIDE will Loosely Schedule Your Appointments in Advance and We Will Contact by Text Message, Phone Call(s) and Email You as That Time Approaches to Lock in a Date and Time That Works For You. You May Call BURNSIDE and Schedule the Appointment(s) Yourself at Any Time if You Wish to Have The Appointment(s) Performed During a Certain Time of the Season.
3. Ultimately, it is the Responsibility of the Homeowner, Building Owner, or Tenant to Contact BURNSIDE to Schedule Their Routine Gold Star Service(s). Any Gold Star Service(s) That are Not Scheduled and Completed Will Be Forfeited and are Non-Refundable.
4. Gold Star system inspections are performed any time during normal business hours (Monday through Friday 8:00 AM to 5:00 PM and excludes holidays and weekends).
5. Gold Star membership cancellation requires a thirty (30) day written notice or thirty (30) day notice via email. An early termination fee of $50.00 will apply and any prepaid membership will be refunded on a pro rata basis for the term that was paid. Any Gold Star discounts given during the contract period on service call(s), repair(s), or equipment purchase(s) we be deducted from any granted refund(s).
6. BURNSIDE reserves the right to terminate your Gold Star agreement with no notice. If Burnside A/C terminates your agreement, billing will cease upon termination.
7. I Have Read the Above and Agree to These Terms and Conditions. BURNSIDE Reserves the Right to Amend or Change These Terms and Conditions Without Notice.
   

BURNSIDE - Condensation/Water Terms & Conditions

1. A/C Condensation or Other Water Leaks Produced by Equipment Installed or Serviced by BURNSIDE, But Not Directly Related to Our Installation/Repair Work is Not Covered by Any Warranty.
2. BURNSIDE Will Not Be Responsible For Water Leakage and/or Resulting Damage from Any Equipment Installed or Serviced by Others.
3. No Warranties are Expressed or Implied for Any Existing Condensation Drain Line(s), Overflow Protection Devices, or for Clearing Any Blockages from Existing Drain Line(s).
4. PVC Drain Lines Require a Proper Solvent/Chemical Weld, Which is Requires Both Primer and Glue or an Approved Primer/Glue Combination Solvent. Properly Welded PVC Joints are Evidenced by Either Purple or Blue Traces at Every Connection and Joints from the Required Primer. Improper Solvent Welds are Prone to Failure and Thus Leakage. BURNSIDE Will Not Be Responsible Under Any Circumstances for Damages Resulting From a Failed PVC Joint That Was Not Properly Joined with a Primer and Glue Solvent Weld.
5. BURNSIDE Will Not Be Responsible For Any Water Leakage Resulting From Any Manufacturers' Defects in Primary Or Emergency Drain Pans. When BURNSIDE Installs a New Evaporator Coil or Air Handler, There Will Be NO Warranty Against Drain Line Blockage(s) Effective From the Date of Installation. **See Additional Condensation & Water Information Below**
6. I Have Read the Above and Agree to These Terms and Conditions. BURNSIDE Reserves the Right to Amend or Change These Terms and Conditions Without Notice.

Additional Condensation & Water Into - Notice to our Customers

Air Conditioners remove substantial moisture from the air as part of the normal cooling process. When the system is working properly, the water formed called condensation, is drained into the sewer system of your home. Sometimes problems occur and the water does not drain properly, resulting in a condition the industry refers to as a "condensate leak". These leaks could be caused from a blockage within the drain line, failure of a drain pan, or failed joints within the condensate pipe system. These Condensate Leaks May Lead to Damage to your Home. Potential Damage includes but may not be limited to problems with sheetrock, carpet, paint, wood floors, and other materials subject to water damage. It is common for damage from a condensate leak to not show up at the first sign of the leak. To help prevent water damage to your property, BURNSIDE Strongly Recommends and Current Building Codes Require the Installation of Overflow Prevention Devices for Every HVAC Systems' Condensation Drain Line(s).

In the event of a condensation drain line blockage, BURNSIDE will make every effort to remedy your condensate problem using state-of-the-art methods and highly skilled technicians. BURNSIDE will notbe responsible for any damages that occur to your home, resulting from the original leak and water that has accumulated before we arrived or after repairs are made. BURNSIDE is not responsible for any mold or other biological growth that may occur from any water leaks) inside your home.

Most condensate drains are connected to your sewer system near a sink or bathtub. When it is necessary to use a plumber to clean out your condensate drain, it is possible that dirt and debris from the sewer will be discharged through a plumbing fixture. We ask that you place a towel to cover each fixture where such discharge could cause damage or staining of your walls. BURNSIDE will not accept responsibility for any cleaning or painting that may result from such discharge during the cleaning process. Furthermore when using high pressure cleaning devices to clear clogged drains, it is possible that improperly installed/sealed joints within your condensate drain system may result in leaking or coming apart.

We will make every effort to inspect all accessible joints within the service area of the equipment where we are conducting our repairs. It is possible however that a fitting could come lose outside of the service area, hidden within the insulation, within the wall, or at the sewer connection. BURNSIDE will not be held responsible for any condensate leaks produced due to faulty or improperly installed fittings and condensate drain lines, whether in a visible or concealed location. This includes service repair costs, as well as damage repair costs. In situations such as this we will be happy to assist you with pictures and written documentation of our findings so that you may contact your Homeowner Insurance Company.

I Have Read the Above and Agree to These Terms and Conditions. BURNSIDE Reserves the Right to Amend or Change These Terms and Conditions Without Notice.

BURNSIDE-Duct Sweeping And Extraction

Burnside Air Conditioning, Heating and Plumbing, A Texas limited liability company, hereinafter referred to as BURNSIDE, and Authorized Agent. In consideration of the mutual promises herein contained, the parties hereto agree as follows:

Whereas, the Customer has engaged BURNSIDE to perform air duct sweeping (the "services") on residential property located in Texas;

Whereas, the Services shall NOT include any biological growth or mold remediation or removal (collectively "Biological Growth") from the Property;

Whereas, as a condition of providing the Services, Customer has agreed to waive, release and indemnify Burnside from any and all claims, past, present, and future, resulting from the existence of, or failure to discover, remove or remediate any Biological Growth from the property;

Now therefore, the parties hereto agree as follows:

1. The respective duties and obligations of the parties hereto shall continue so long as there are any outstanding obligations or claims relating to the Services and shall continue thereafter for a period of twenty (20) years.
2. Company shall perform all of its Services in a professional and workmanlike manner. Customer shall only be obligated to the agreed-upon price for the Services performed in accordance with the terms and conditions of the related construction contract. Customer acknowledges that upon BURNSIDE's inspection of the property, the discovery of biological growths or mold may hinder or make the performance of the Services impossible and, as such, necessitate cancelling the contract for the Services.
3. In consideration of the execution of a separate related Services contract executed contemporaneously herewith, Customer shall indemnify and save harmless Company, their officers, directors, members, employees, agents or representatives, or their consultants, from any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney fees resulting from the discovery, failure to discover or failure to remove and/or re-mediate and Biological Growth from the property.
4. If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to responsible attorney's fees, costs, and disbursements in addition to any other relief to which he may be entitled.
5. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, where permitted by this agreement.
6. This agreement shall be construed under and in accordance with the laws of the State of Texas.
7. In case any one or more of the previous provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this agreement shall be construed as if such invalid, illegal, of unenforceable provision had never been contained herein.
8. This agreement and the related duct sweeping contract constitute the sole and only agreement of the parties hereto and supersede any prior understandings or written or oral agreements between the parties respecting the subject matter within. Executed as of the day and year first above mentioned.
9. Dust sweeping significantly reduces accumulated debris inside the ductwork; however, it does not guarantee the complete removal of all dust or particles. Some residue may remain due to duct design, surface texture, or system age. BURNSIDE disclaims all responsibility and liability if the customer decides to perform duct sweeping contrary to the company's recommendations.
10. Customer agrees to BURNSIDE's Waiver, Release and Indemnification Agreement for Biological Growth and Mold.
11. I Have Read the Above and Agree to These Terms and Conditions. BURNSIDE Reserves the Right to Amend or Change These Terms and Conditions Without Notice.
    

BURNSIDE-REFERRAL PROGRAM

Referrals may be submitted by any individual; you do not need to be an existing BURNSIDE customer to participate. Rewards are redeemable only upon submission of a fully completed Refer-A-Friend card or online form. The referred individual must complete a qualifying purchase before any reward is issued. The referring individual must clearly indicate on the card or form by checking that this referral is for either a service or a complete system replacement.

Referring individuals may submit an unlimited number of referrals and may earn a referral reward for each referred individual who completes a qualifying purchase, subject to these Terms & Conditions. A single referred individual may only generate one referral reward, either for a service or for a complete system replacement, but not for both.

For qualifying HVAC service referrals, the referral reward shall be issued as a check. Non-Gold Star Members are eligible to receive a referral reward of Fifty Dollars ($50.00) per qualifying service referral, while current Gold Star Members are eligible to receive a referral reward of Seventy-Five Dollars ($75.00) per qualifying service referral. If a service referral converts to a complete replacement, the referral reward may increase up to $250.00. Restrictions apply.

For qualifying HVAC complete-system replacement referrals, the referral reward shall be issued as a check. Non-Gold Star Members are eligible to receive a referral reward of Two Hundred Dollars ($200.00) per qualifying system replacement referral, while current Gold Star Members are eligible to receive a referral reward of Two Hundred Fifty Dollars ($250.00) for a qualifying complete systems replacement referral. Partial system replacement referrals are subject to variable rewards based on the components replaced, at BURNSIDE's discretion.

For a qualifying Plumbing referral, the referral reward shall be issued as a check. Referring individuals are eligible to receive a referral reward of Fifty Dollars ($50.00) for a qualifying plumbing service referral that results in a completed repair. For a qualifying plumbing replacement referral, referring individuals are eligible to receive a referral of One Hundred Dollars ($100.00) for a traditional water heater replacement and Two Hundred Dollars ($200.00) for a tankless water heater replacement.

Limit one (1) referral reward per referred individual (with qualifying purchase). Complete system replacement referral rewards are capped at $250 per referred customer, while traditional water heater replacement is capped at $100, and tankless water heater replacement is capped at $200, regardless of the number of systems purchased.

Burnside reserves the right to verify all referral information, customer/membership status, and qualifying purchases prior to issuing any referral reward. BURNSIDE further reserves the right, in its sole discretion, to modify, suspend, or terminate the referral program at any time, without notice. Service calls without a repair purchase do not qualify for a referral reward.

I Have Read the Above and Agree to These Terms and Conditions. BURNSIDE Reserves the Right to Amend or Change These Terms and Conditions Without Notice.

BURNSIDE-PLUMBING

1. BURNSIDE is not Responsible for the Replacement of Sheetrock, Paint, Brick, Shingles, Etc. Many Plumbing Repairs Require Gaining Access in Walls, Crawl Spaces, Attics, Roof Tops, and Under Slab Foundations.
2. BURNSIDE is Not Responsible for Existing or Future Foundation Issues. Excavation is Often Required when Working on Exterior Plumbing as well as Beneath Slab Foundation.
3. BURNSIDE is Not Responsible for the Replacement of Landscape such as Shrubs, Sod, or Trees.
4. BURNSIDE is Not responsible for Appliances or Fixtures that Fail Due to Their Age and Condition During Repairs or System Checks.
5. Unforeseen Issues are Common in the Service and Repair Industry. Often Due to the current condition of the Existing System or Acts of God Such as Weather. BURNSIDE Holds No Responsibility in These Cases.
6. 1 Have Read the Above and Agree to These Terms and Conditions. BURNSIDE Reserves the Right to Amend or Change These Terms and Conditions Without Notice.