Coolest Refrigeration LLC
General Terms and Conditions of Service
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These Terms and Conditions of Service (“Terms") apply to all sales, installations, and services provided by Coolest Refrigeration LLC ("Coolest," "we," or "our"). By authorizing an estimate, signing a proposal, paying a deposit, or allowing our technicians to commence work, the customer ("Customer" or "you") agrees to be bound by these Terms. Our goal is clear communication: these Terms protect both sides, set expectations, and reduce disputes. Please read carefully before proceeding.
General Provisions
1.1 Scope – These Terms apply to all sales of equipment, repair work, installations, and related services. Customer acknowledges that Coolest may update these Terms periodically; the version in effect at the time of acceptance governs the work.
1.2 Acceptance – Allowing work to begin, paying a deposit, authorizing an estimate, or signing a proposal constitutes acceptance of these Terms. Estimates or proposals accepted electronically or in writing are binding.
1.3 Deposits – Any deposit paid is non-refundable and is 100% forfeited if the Customer cancels, breaches these Terms, or otherwise fails to proceed as scheduled. If any payment is not expressly identified as a deposit (e.g., 100% prepaid), 50% of that payment will be deemed as the non-refundable deposit.
Estimates, Pricing & Payment
2.1 Estimate Validity – Estimates remain valid for 30 calendar days unless otherwise stated in writing. After that period Coolest may revise pricing.
2.2 Material Price Volatility – Due to market volatility in refrigerants, metals, and freight, Coolest reserves the right to adjust prices for supplier or carrier surcharges that arise before estimate acceptance. Any adjustment will be issued an updated estimate.
2.3 Diagnostic Fee – A non-refundable diagnostic fee applies for non-warranty service visits. The fee covers travel and diagnostic labor and will not be credited toward repairs unless specifically agreed in writing.
2.4 Payment Terms – Payment is due upon completion of work unless otherwise agreed in writing. Accepted payment methods include cash, check, or credit card unless stated otherwise in writing. Any dishonored check will incur a $35 processing fee. Late balances shall bear interest at a rate of 1.5% per month (18% annually) or the maximum rate allowed by law, whichever is less, plus all collection costs, attorney’s fees, filing fees and related costs.
2.5 Special or Custom Orders & Restocking – Special-order or custom ordered equipment is non-cancelable after ordering. If a supplier accepts a return, Customer is liable for a restocking fee of 30% of the returned goods value plus freight and handling.
2.6 Right to Suspend for Non-Payment – Coolest may suspend work or withhold equipment for non-payment. Suspension or delay caused by non-payment shall extend the contract schedule and may incur additional charges.
Sales of Equipment
3.1 Title & Security Interest – Title to equipment remains with Coolest until paid in full. Customer grants Coolest a purchase-money security interest in all goods delivered and authorizes Coolest to file UCC-1 financing statements and maintain filings until payment. Coolest may, upon reasonable notice and without breaching the peace, enter Customer premises to reclaim unpaid equipment to the extent permitted by law.
3.2 Risk of Loss – Risk of loss transfers to Customer upon delivery to the site (upon arrival at the Customer’s delivery area), whether or not installation has been completed. Customer is responsible for theft, vandalism, loss, or weather damage after delivery.
3.3 Product Warranties – Manufacturer warranties apply to new equipment sold by Coolest unless otherwise stated. Coolest’s obligations for defects in parts supplied by manufacturers are subject to additional administrative charges.
Installation Services
4.1 Scope – Installations may be for equipment supplied by Coolest or Customer-supplied equipment. Installations for Customer-supplied equipment are performed 'as-is' and are not warranted by Coolest unless expressly provided in writing.
4.2 Site Readiness – Prior to start of work Customer shall ensure the site is ready and accessible, including but not limited to: clear and unrestricted access and egress; level and finished slab or floor; adequate structural support; correct electrical power and disconnects available; hoisting and rigging as required; penetrations and roof/structural penetrations permitted; condensate routing and drains provided; proper ventilation and airflow; staged storage and parking availability for equipment and vehicles; removal of product from cold boxes and work areas; coordination with building management; and any health-department or landlord approvals required for work.
4.3 Work by Others – The Customer is responsible for arranging and coordinating other trades and contractors as required (electrical, plumbing, drains, hoods, fire alarm/sprinkler interfaces, roofing, structural, patching/painting, carpentry). Coolest is not responsible for the schedule, means, methods, safety, or quality of work performed by others.
4.4 Permits, Inspections & AHJ Delays – Customer shall obtain and pay for all required permits, inspections, and approvals unless otherwise agreed upon in writing. Delays, rejections, hold-ups, or additional requirements imposed by authorities having jurisdiction (AHJs) or inspectors are not the responsibility of Coolest and may result in schedule extensions and additional charges.
4.5 Hazardous Materials – If suspected or known hazardous materials (asbestos, lead, mold, contaminated water, or hazardous grease) are discovered, Coolest will stop work immediately. Abatement, safe handling, testing, and clearance shall be arranged and paid for by Customer. Coolest will issue a change order for any costs or schedule impacts before resuming work.
4.6 Hot Work & Fire Watch – Hot work (welding, cutting, torching) requires Fire Watch and any fire permits. Customer is responsible for obtaining required hot-work permits and providing fire watch or will reimburse Coolest for costs if Coolest provides these services.
Scheduling, Delays & Change Orders
5.1 Project Timeline – The start date is the first day of service on site. Unless otherwise stated in writing, the target completion period is up to 60 business days. This timeline is an estimate and may vary based on site conditions, material lead times, permits, or other factors.
5.2 Change Orders – Any modifications to scope, materials, or schedule shall be documented in a written change order signed by both parties. Change orders incur a base administrative fee of $1,500 plus the cost of additional labor, parts, equipment, and any extended overhead. Work will not resume on changed scope until the change order is approved and the change order is paid in full.
5.3 Unsafe Conditions & Stop-Work – Coolest reserves the right to suspend or stop work if, in its sole judgment, conditions are unsafe. Work will not resume until unsafe conditions are corrected and a change order, if required, is approved.
5.4 Standby & Idle Time Charges – If Coolest’s tools, equipment, or personnel are delayed or held on site for reasons beyond Coolest’s control, Customer will be charged standby/idle time rates: ladders $50/day each; material-handling lift $250/day; scaffolding $250/day; scissor lift $500/day; foreman $1,000/day; technicians/employees $300/day each, etc. Charges apply until the issue is resolved or a change order is approved.
5.5 Force Majeure – Coolest shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to: acts of God, storms, floods, fire, utility failure, wars, terrorism, labor disputes, strikes, pandemics, government actions, or supply-chain interruptions. In such events Coolest may extend schedules or terminate work with notice; Customer will pay for work performed and costs incurred up to that date.
5.6 Customer Availability & No-Show/Not Ready – Coolest will provide a scheduled arrival window for technicians or installation teams (typically a 3-hour arrival window). The Customer must be available and present for the entire scheduled window. Upon Coolest’s arrival, the Customer has a 30-minute grace period to be present and to satisfy all requirements for commencement of work, including payment, site readiness, and access. If the Customer is not present or fails to meet agreed requirements within the grace period: (a) Coolest may reschedule the work and charge standby/idle time per Section 5.4, or (b) Coolest may cancel the project due to breach of contract, in which case the Customer forfeits deposits and remains liable for all costs incurred to date, and (c) a minimum No-Show or Not Ready Fee of $500 will be assessed. Failure to enforce this clause in a specific instance does not waive Coolest’s right to enforce it in future instances.
Service, Repairs & Warranty
6.1 Non-Refundable Diagnostic Fee – For non-warranty visits a diagnostic fee will be charged and quoted prior to dispatch. The fee covers travel and diagnostic services and is not refundable even if Customer declines repairs.
6.2 Limited Warranty – For repairs, parts and services provided by Coolest, Coolest warrants that such repairs, parts and services will be free from defects in material and workmanship for a period of fourteen (14) days from the later of (a) the date Customer receives the part, or (b) the date of completion of the repair/service. If a defect is discovered, Customer must notify Coolest in writing within seven (7) days of discovery. Coolest’s sole obligation, at its discretion, shall be to repair or replace defective parts or workmanship, or to refund the amounts paid for such defective parts or services, subject to Coolest’s inspection and approval.
6.3 Warranty Exclusions – The warranty does not apply to: (a) appliances used in residential properties; (b) cosmetic or non-functional parts (glass, trim, knobs, panels, racks, tanks, tubs, baskets, structural parts, doors, door liners, shelves); (c) plumbing supply water lines; (d) appliances moved after installation or repair; (e) parts no longer available from the manufacturer; (f) damage from improper use, power quality issues, lack of maintenance, dirty coils/filters, condensate blockages, or ambient conditions outside equipment design limits (e.g., excessive kitchen heat, frequent door openings).
6.4 Warranty Service Hours & Response – Warranty service is provided during Coolest’s regular business hours (9:00 AM – 5:00 PM, Monday - Friday). After-hours warranty work will be billed at overtime rates and requires Customer authorization. Coolest does not guarantee response times and is not liable for losses caused by delays in response.
6.5 Limitation of Remedies – THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER’S SOLE REMEDY SHALL BE LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH ABOVE.
6.6 Limitation of Liability – COOLEST SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, FOOD SPOILAGE, OR BUSINESS INTERRUPTION. COOLEST’S TOTAL LIABILITY FOR ANY CLAIM SHALL BE LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE APPLICABLE SERVICE OR EQUIPMENT. THIS LIMITATION DOES NOT APPLY TO CLAIMS ARISING FROM PERSONAL INJURY CAUSED BY COOLEST’S GROSS NEGLIGENCE.
Environmental & Regulatory Compliance
7.1 EPA §608 & Refrigerant Handling – Coolest strictly prohibits intentional venting of refrigerants. Customer, as owner/operator, is responsible for ongoing compliance with EPA §608 for systems containing 50 lbs or more of refrigerant, including leak monitoring, inspections, leak-rate records, and required reporting. Coolest will document refrigerant recovered/charged during our work but is not responsible for ongoing leak monitoring.
7.2 Refusal to Recharge Known Leakers – Coolest may refuse to recharge equipment with known significant leaks unless Customer approves a repair plan; any recharge performed is subject to prior written agreement and may incur additional costs.
7.3 Hazardous Waste & Disposal – Disposal of recovered refrigerants and hazardous materials will be handled in accordance with applicable laws; Customer will be billed for proper disposal and recovery expenses.
Site Safety, Access & Customer Responsibilities
8.1 Access to Facilities – Customer shall provide Coolest employees access to a standard restroom during work hours. If such facilities are not available, Customer will be charged additional fees to cover arrangements.
8.2 Working Hours – Customer must make the site available for work during the hours of 6:00 AM to 8:00 PM, seven days per week, unless otherwise agreed upon in writing. Coolest is not required to work all hours but may schedule within this window as necessary. Customer shall not unreasonably restrict access during these hours.
8.3 Safe Worksite & Tool Security – Customer shall provide a safe worksite and shall secure stored materials, tools, and equipment. Coolest is not responsible for loss or theft of Customer-supplied materials or unsecured tools/equipment left on site. If Coolest’s personnel are required to leave tools or equipment on site due to Customer delays, Customer assumes risk of loss.
8.4 Parking, Staging & Site Conditions – Customer shall provide reasonable parking for technicians, staging and laydown areas for equipment, and any special access (e.g., elevators, loading docks) necessary to perform the work. If staging, parking, or access is not provided, Coolest may assess additional mobilization or handling charges.
8.5 Hot Work & Fire Safety – Customer must secure any required hot-work permits and provide fire watch or reimburse Coolest for fire watch costs if Coolest provides these services.
Insurance, Indemnity & Certificates
9.1 Insurance Requirements – Customer shall maintain property insurance covering the premises and equipment, general liability insurance, and is strongly recommended to carry business interruption insurance. Customer’s subcontractors engaged for the project must carry equivalent insurance.
9.2 Certificate of Insurance – Upon request, Customer shall provide Coolest with a Certificate of Insurance evidencing required coverage. Customer shall ensure that Coolest is named as an additional insured on the Customer’s general liability policy to the extent permitted by the policy and applicable law.
9.3 Waiver of Subrogation – Customer and its insurers shall waive rights of subrogation against Coolest for insured losses to the extent permitted by law.
9.4 Indemnity – Customer shall indemnify, defend and hold harmless Coolest, its officers, agents and employees from and against any claims, damages, liabilities and expenses arising out of Customer’s negligence, site conditions, third-party contractors, Customer-supplied equipment, or Customer-directed means and methods of work.
Commissioning, Substantial Completion & Punch List
10.1 Commissioning & Start-Up – Where applicable, commissioning and start-up procedures will be performed by Coolest or a qualified subcontractor. Start-up shall include operational checks, basic functional testing, and documentation of refrigerant charge and system performance.
10.2 Substantial Completion – 'Substantial Completion' is achieved when equipment is installed, connected, energized, and operational for its intended use, even if minor punch-list items remain.
10.3 Punch List – Customer shall provide any punch-list items in writing within ten (10) business days of Substantial Completion. Items not submitted within this period shall be deemed accepted, and final payment will be due.
Intellectual Property, Marketing & Confidentiality
11.1 Intellectual Property – All drawings, plans, control sequences, software, designs, and proposals prepared by Coolest remain the property of Coolest. Customer is granted a limited, non-exclusive license to use such materials solely for operation and maintenance of the installed equipment upon full payment.
11.2 Marketing Rights – Coolest may take photographs of the work site (before and after) and use such images for marketing and promotional purposes. Customer agrees Coolest may list Customer as a reference/client unless Customer provides written objection prior to the start of work.
11.3 Confidentiality – Customer shall keep confidential all Coolest’s proposals, pricing, drawings, and technical materials, and shall not disclose such information to any third party without Coolest’s prior written consent. In the event of a breach of this confidentiality obligation, Customer shall be liable to Coolest for liquidated damages in the amount of $5000 per breach, in addition to any other remedies available at law or in equity.
Employment, Non-Solicitation & Subcontracting
12.1 Non-Solicitation – Customer agrees not to solicit or hire Coolest employees or subcontractors directly for a period of twenty-four (24) months after the last service date. If Customer breaches this provision, Customer shall pay liquidated damages equal to one hundred fifty percent (150%) of the hired employee’s annualized wages.
12.2 Subcontracting – Coolest may subcontract portions of work to qualified subcontractors. Coolest remains responsible for the performance of subcontractors to the extent provided by law.
12.3 Assignment – Customer may not assign or transfer this Agreement or any rights hereunder without Coolest’s prior written consent.
Fees for Overtime, Prevailing Wage & Special Requirements
13.1 Overtime & After-Hours – Any work requested by Customer outside of Coolest’s regular working hours or any emergency/expedited response requested by Customer will be billed at overtime or premium labor rates.
13.2 Prevailing Wage / Union Conditions – If a project requires payment of prevailing wages, union labor, or compliance with collective bargaining agreements at the request of Customer or owner, all resulting additional costs will be borne by Customer and billed as extras.
Waivers of Damages
14.1 Moving Equipment – Customer acknowledges risk of damage when equipment is moved. Customer agrees to hold harmless Coolest and its technicians from liability for damage to flooring, cabinetry, counters and surrounding areas arising from moving appliances, except where caused by Coolest’s gross negligence.
14.2 Working with Water – Customer understands that work on machinery connected to plumbing may cause leakage or flooding. Except for cases of gross negligence, Customer holds Coolest harmless from liabilities resulting from such events.
14.3 Failed Cooling Equipment – Customer accepts the inherent risk that refrigeration equipment may fail or that repairs may not restore full operational performance. Customer agrees to hold Coolest harmless for losses resulting from equipment failure, including food spoilage and lost business, except where caused by Coolest’s gross negligence.
Limitation of Liability, Remedies & Dispute Resolution
15.1 Limitation of Liability – Coolest’s liability for any claim arising out of this Agreement shall not exceed the total amount paid by Customer for the specific services or equipment giving rise to the claim. Coolest shall not be liable for any consequential, incidental, special or punitive damages, including business interruption, loss of profits, or loss of use, except to the extent caused by gross negligence or willful misconduct.
15.2 Dispute Resolution – These Terms shall be governed by the laws of the State of New Jersey. Any dispute arising from or related to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, and judgment on the award may be entered in any court having jurisdiction.
Miscellaneous
16.1 Entire Agreement – These Terms, together with any service orders or written estimates, or any change orders constitute the entire agreement between Coolest and Customer and supersede prior agreements.
16.2 Severability – If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
16.3 Notices – Notices under these Terms may be sent by email or certified mail to the addresses specified in the estimate or service order.
16.4 Electronic Signatures – Electronic signatures and electronic acceptance of estimates are effective and enforceable as originals.
16.5 Changes to Terms – Coolest reserves the right to change or update these Terms; the version in effect at the time of Customer acceptance controls.