Terms and Conditions

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.

BY PLACING AN ORDER, YOU ARE OFFERING TO PURCHASE A PRODUCT SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Applicability of Terms and Conditions. These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through newacsolutions.com (the “Site”). These Terms are subject to change at any time without prior written notice by newacsolutions.com (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

2. Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

All orders include a new air conditioning unit, installation, and comprehensive installation kits based on system application. The comprehensive installation kits are included in the installation price, and each component within the installation kit is to be installed unless the component is not applicable. If a component is not applicable, the installation fee due to the contractor does not change. Additional upgrades, add-ons, accessories, or components that are not included in the comprehensive installation kits may result in additional charges that are optional for the consumer. Examples of comprehensive installation kits may be found on the Site.

3. Availability. All orders are subject to availability from the Manufacture, Distributor, and confirmation of the order price. Your selected Contractor will show up on the day of installation with your purchased equipment.

4. Finality. ALL SALES ARE FINAL, subject to our Money Back Guarantee and Cancellation terms (as explained below). Approval of the contract at completion of the transaction constitutes acceptance of delivery of the goods ordered and a waiver of all rights to return or reject the goods except for defective workmanship or as provided by our Money Back Guarantee.

5. Returns/Cancellation. If, for any reason, you decide to cancel your order after you receive a confirming email and before installation, the Company may, in its sole discretion and based on the circumstances, refund your purchase less a twenty percent (20%) cancellation charge. The cancellation charge applies because of the costs that the Company may incur based on its reliance on your order and payments to the manufacturer. Your refund, if any, will be credited back to the same payment method used to make the applicable purchase.

6. Requirements of Buyer. In order to contract with newacsolutions.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. newacsolutions.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be newacsolutions.com or may in some cases be a third party. Where a contract is made with a third party, newacsolutions.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you, which will provide a Money Back Guarantee identical to ours. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. To obtain your AHRI Certificate, please go to the AHRI Website: https://www.ahridirectory.org/ahridirectory/pages/home.aspx

7. Pricing and Availability. While we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.
8. Payment. Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as payment against the value of the goods you wish to purchase.

9. Security for Payment. Unless otherwise prohibited by law, you agree that newacsolutions.com will retain title to any equipment or materials you have ordered until the debit on your card is finally authorized.

10, Security Interest. Unless prohibited by applicable law, you grant newacsolutions.com a security interest in all goods, equipment, attachments, and fixtures (hereinafter the “Collateral”) that it supplies in order to secure payment of the purchase price and delivery costs for goods you have ordered. If for any reason, the debit/charge on your card is declined and the goods are delivered to you, you are obligated to pay the invoice in full immediately or newacsolutions.com has the right to remove the Collateral and, in such event, it shall not be responsible for any damages that you suffer as a result of the removal of the Collateral or for the return or installation of any equipment removed or disposed of in order to facilitate completion of the project. You promise to pay the invoiced amount in full, plus all collection costs and legal fees, plus interest at 1.5% per month, to commence on the day the debit/charge to your card is declined.

11. Installation Guaranty. The licensed contractor will endeavor to make verbal contact with you within 24 business hours of you placing your order. The Contractor will then schedule a time to inspect your home to assess and measure the exact work required. Installation by your selected contractor will be based on the installer and Contractor availability and is generally very fast unless there are difficult install scenarios requiring structural changes to your residence. You understand that structural changes are not included in the installing contractor price estimated with your purchase and you will arrange with your Contractor for the payment of structural changes or add-on services at the time of inspection. If you have arranged to finance the purchase, installation by your selected contractor will take place immediately after the expiration of any period during which you have a right to rescind the contract.

12. Money Back Guarantee. We offer a 90-day Money Back Guarantee for the products advertised on this website after they have been delivered and installed. If you do the following, we will refund your purchase in full: (1) Notify us in writing at Info@newacunit.com or call 602-566-4647 within 90 calendar days of the unit’s installation; (2) Respond and cooperate with us when we contact you to schedule an appointment and during the scheduled service appointment(s); (3) Allow a reasonable period after providing notice within the 90-day period for an assigned HVAC contractor to inspect, diagnose and attempt fix the problem; (4) If you are still not completely satisfied with your purchase, newacsolutions.com, or an assigned HVAC contractor, will (a) remove the air conditioning unit and refund your purchase in full; or (b) provide a new unit. (Important note: If the air conditioning unit is removed, you may be without air conditioning until a new unit is installed.); and (5) Allow 3-5 business days for your refund after the unit is removed.

13. newacsolutions.com’s role. newacsolutions.com is a licensed contractor in the state of Arizona but not all of the services offered through this Website require it to be a licensed contractor. Through this Website, newacsolutions.com is acting primarily as an ecommerce seller of air conditioning units. If a consumer finances the purchase of a new air conditioning unit in the state of Arizona through Affirm Loan Services, LLC, then newacsolutions.com will handle the installation of the air conditioning unit and related services. For all sales of new air conditioning units outside the state of Arizona or for sales within the state of Arizona that are not financed through Affirm Loan Services, LLC, newacsolutions.com will refer the installation of the new air conditioning unit (and related services) to another licensed contractor or subcontractor who operates in the state or area where the consumer resides or the air conditioning unit is to be installed. The contractors and/or subcontractors identified in and connected by this Website operate on a lead generation basis and are not owned, operated, or affiliated with newacsolutions.com in any other way. Purchases in the state of Arizona that are financed through Affirm Loan Services, LLC., are paid by Affirm Loan Services, LLC directly to newacsolutions.com. Purchases outside the state of Arizona or purchases within Arizona that are not financed through Affirm Loan Services, LLC are paid directly to the third party contractor (or subcontractor) who will perform the installation and related services and will pay newacsolutions.com a percentage of the sales price.

14. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.

(a) Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.

(b) MANUFACTURER’S WARRANTY AND COMPANY’S DISCLAIMERS. We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

(c) LIABILITY CAP. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

15. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

16. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

17. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

MISCELLANEOUS GOVERNING TERMS OF USE AND TERMS OF SALE:
Applicable Law. Except to the extent limited or prohibited by federal law or the laws of the state where you live, the laws of the State of Arizona shall govern the terms of use of this Website and any contract entered into between you and newacsolutions.com.
Resolution of Disputes

(a) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the [American Arbitration Association] in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of [one (or) three] arbitrators sitting in [state, county]. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of [state]. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 12. provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

(b) Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within ninety (90) days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.

No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) by email info@newacunit.com; or (ii) personal delivery, overnight courier, or registered or certified mail to: newacsolutions.com, 3045 N. Colorado St., Chandler, Arizona 85225.

Entire Agreement. The above Terms of Sale and Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and newacsolutions.com.

TERMS OF USE OF newacsolutions.com, LLC,’S WEBSITE

IN USING THIS WEBSITE AND BY COMPLETING A PURCHASE OF ANY PRODUCT, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:

In General. The following terminology applies to these Terms and Conditions and any and all Agreements. “You” and “Your” and the “Customer” refers to you, the person accessing this website and accepting these Terms and Conditions. “We” and “Us” refer to newacsolutions.com, LLC, an Arizona limited liability company (newacsolutions.com).

This document governs your relationship with newacsolutions.com. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

1. Access. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

2. Linked Sites. This Website may contain links to other websites (the “Linked Sites”), which are not operated by newacsolutions.com. newacsolutions.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

3. Ownership. All content included on this website is and shall continue to be the property of newacsolutions.com, LLC, an Arizona limited liability company and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted herein.

4. Limited License to Use Website. newacsolutions.com grants you a limited, revocable, nonexclusive license to use this website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of newacsolutions.com and it may terminate your use of this website at any time.

5. Privacy Policy and Confidentiality. Our privacy policy, which sets out how we will use your information, can be found at newacsolutions.com. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. You agree that we are specially authorized to provide information you have disclosed to us, including your contact information, to any contractor selected by you and to our shippers and transportation connections.

6. Prohibitions. You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and newacsolutions.com is entitled to report any such breach to the relevant law enforcement authorities and disclose your identity to them.

7. Disclaimer. newacsolutions.com will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

8. Intellectual Property, Software, and Content. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of newacsolutions.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by newacsolutions.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

9. DISCLAIMER OF LIABILITY. THE MATERIAL DISPLAYED ON THIS WEBSITE IS PROVIDED WITHOUT ANY GUARANTIES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW newacsolutions.com AND ITS SUPPLIERS, CONTENT PROVIDERS AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. THIS DOES NOT AFFECT NEWACSOLUTIONS.COM’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Log Files and Cookies. We use IP addresses to analyze trends, administer this site, track users’ movements, and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need to know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your approval. Like most interactive web sites, this site uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

11. Disclaimer as to ownership of trademarks, images of personalities and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with newacsolutions.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to newacsolutions.com.

12. Indemnity. You agree to indemnify, defend and hold harmless newacsolutions.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website.

13. Variation. newacsolutions.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

14. Invalidity. If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

15. Complaints. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

16. Waiver. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.