Terms & Conditions

1. General

These Terms and Conditions ("Terms") govern your use of services provided by BATE^™ Mechanical ("Company," "we," "us," or "our"), including all commercial HVAC, refrigeration, plumbing, maintenance, and emergency services. By requesting, scheduling, or accepting any service from BATE^™ Mechanical, you ("Customer," "you," or "your") agree to be bound by these Terms in their entirety.

• We reserve the right to refuse or discontinue service to anyone at our sole discretion, for any reason, at any time.
• You must be at least 18 years of age or the age of majority in your jurisdiction to engage our services. If you are under 18, a parent or legal guardian must authorize and accept responsibility for the service on your behalf.
• These Terms may be updated at any time. Continued use of our services after changes constitutes acceptance of the revised Terms.
• If any provision of these Terms conflicts with a separate written contract signed by both parties, the signed contract shall govern to the extent of the conflict.

2. HVAC Services

BATE^™ Mechanical provides commercial heating, ventilation, and air conditioning installation, repair, and maintenance services. By engaging our HVAC services, you acknowledge and agree to the following:

• Installation: All HVAC installations are performed in accordance with applicable local, state, and federal building codes and manufacturer specifications. Equipment selection and sizing are based on the information you provide regarding your space and needs. Inaccurate or incomplete information may affect system performance.
• Repairs: Repair work is warranted for the specific issue addressed. Pre-existing conditions, equipment age, and manufacturer defects are outside the scope of our repair warranty. We will advise you when replacement is more cost-effective than repair, but the final decision is yours.
• Maintenance: Routine maintenance extends the life and efficiency of your HVAC equipment but does not guarantee prevention of all breakdowns. We are not responsible for failures caused by equipment age, manufacturer defects, power surges, acts of nature, or improper use.
• Warranty Disclaimers: Manufacturer warranties are separate from any warranty provided by BATE^™ Mechanical. We assist with manufacturer warranty claims when possible but do not guarantee their approval. Our labor warranty covers workmanship for a period specified in your service agreement or invoice.
• Refrigerant Handling: All refrigerant recovery, recycling, and disposal is performed in compliance with EPA Section 608 regulations. We are not responsible for refrigerant leaks caused by pre-existing equipment conditions or corrosion not reasonably discoverable during service.

3. Refrigeration Services

We service commercial refrigeration systems including walk-in coolers, walk-in freezers, reach-in units, display cases, and ice machines. By engaging our refrigeration services, you acknowledge and agree:

• Walk-Ins & Reach-Ins: We service, repair, and install walk-in coolers, walk-in freezers, and reach-in refrigeration units. Temperature performance depends on proper door seal maintenance, loading practices, ambient conditions, and equipment age. We are not responsible for temperature fluctuations caused by factors outside our control.
• Ice Machines: Ice machine service includes cleaning, repair, and installation. Water quality, filtration, and ambient temperature affect ice production and quality. We recommend regular water filter replacement per manufacturer guidelines.
• Food Safety Disclaimer: BATE^™ Mechanical is not responsible for food spoilage, contamination, or any food safety violations. You are solely responsible for monitoring food storage temperatures, maintaining food safety protocols, and complying with all health department regulations. We strongly recommend backup temperature monitoring systems for all commercial food storage.
• Product Loss: We are not liable for loss of perishable inventory due to equipment failure, including failures that occur during or after our service. You are responsible for maintaining adequate insurance coverage for inventory loss.

4. Plumbing Services

BATE^™ Mechanical provides commercial plumbing services including installation, repair, and maintenance. By engaging our plumbing services, you acknowledge and agree:

• Commercial Plumbing: Our plumbing services cover commercial water supply lines, drainage systems, fixtures, water heaters, grease traps, backflow prevention, and related systems. We work in compliance with all applicable plumbing codes.
• Gas Lines: Gas line work is performed by licensed technicians in accordance with state and local regulations. You must disclose any known gas leaks, prior gas line modifications, or underground utility locations before work begins. We are not responsible for damage to unmarked or improperly documented underground utilities.
• Permits & Inspections: Certain plumbing work requires permits and inspections by local authorities. We will advise you of permit requirements and handle the permitting process when agreed upon in the scope of work. Permit fees are in addition to service charges unless otherwise stated. Delays caused by permitting authorities or inspection schedules are not the responsibility of BATE^™ Mechanical.
• Pre-Existing Conditions: Older plumbing systems may have pre-existing conditions not discoverable until work begins. Additional work required to address hidden corrosion, code violations, or deteriorated materials will be discussed with you before proceeding and may result in additional charges.

5. Preventive Maintenance Plans

BATE^™ Mechanical offers scheduled preventive maintenance plans for HVAC, refrigeration, and plumbing systems. The following terms apply to all maintenance agreements:

• Scheduling: Maintenance visits are scheduled at mutually agreed intervals. You must provide reasonable access to all equipment during scheduled visits. Cancellations or rescheduling with less than 24 hours notice may result in a trip charge.
• Cancellation: Maintenance plans may be cancelled by either party with 30 days written notice. No refunds are issued for maintenance visits already performed. Prepaid plans are refunded on a prorated basis for unused visits.
• Scope: Preventive maintenance includes inspection, cleaning, and minor adjustments as specified in your maintenance agreement. Repairs, parts replacement, and major work discovered during maintenance are quoted separately and require your authorization before proceeding.
• No Guarantee Against Breakdown: Preventive maintenance reduces the likelihood of equipment failure but does not eliminate it. We are not liable for equipment breakdowns that occur between scheduled maintenance visits.

6. Emergency Services

BATE^™ Mechanical offers 24/7 emergency service for commercial HVAC, refrigeration, and plumbing emergencies. By requesting emergency service, you acknowledge and agree:

• 24/7 Availability: We make every effort to be available around the clock for emergency calls. However, availability depends on technician scheduling, call volume, and geographic location.
• Emergency Rates: Emergency service calls outside regular business hours (evenings, weekends, and holidays) are subject to emergency/after-hours rates. These rates will be communicated before dispatch when possible.
• Response Time: Response times depend on technician availability, distance, weather conditions, and current call volume. We do not guarantee specific response times. We prioritize calls based on severity and safety risk.
• Temporary Repairs: Emergency service may involve temporary repairs to stabilize the situation. Follow-up work during regular business hours may be required to complete a permanent repair.

7. Estimates & Pricing

• Free Estimates: We provide free on-site estimates for most services. Estimates are based on visible conditions and information provided at the time of assessment. Estimates are valid for 30 days unless otherwise stated.
• Pricing Changes: Prices are subject to change based on material costs, supply chain conditions, and scope changes. We will notify you of any price changes before proceeding with work.
• Additional Work Authorization: If additional work beyond the original estimate is needed (due to hidden conditions, code requirements, or unforeseen complications), we will contact you for authorization before proceeding. You have the right to decline additional work, though this may limit the effectiveness of the original repair or installation.
• Diagnostic Fees: Some services require a diagnostic fee to identify the issue. Diagnostic fees are communicated before dispatch and may be applied toward the cost of repair if you proceed with the recommended work.

8. Payments & Refunds

• Payment Terms: Payment is due upon completion of service unless other arrangements have been made in writing. For larger projects, progress payments may be required as outlined in your contract or proposal.
• Accepted Methods: We accept cash, check, and major credit cards. A service charge may apply to returned checks.
• Late Payments: Invoices not paid within 30 days of the due date may be subject to a late fee of 1.5% per month. We reserve the right to suspend future service for accounts with outstanding balances.
• All Sales Final: Once work has been performed, all sales are final. We do not issue refunds for completed labor or installed materials. If you are unsatisfied with our work, contact us and we will make reasonable efforts to resolve the issue.
• Liens: For larger commercial projects, BATE^™ Mechanical reserves the right to file a mechanic's lien for unpaid work in accordance with Texas Property Code.

9. Limitation of Liability

• As-Is: Except as expressly stated in a written warranty or service agreement, all services are provided "as-is" and "as available." We disclaim all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
• Liability Cap: To the maximum extent permitted by law, BATE^™ Mechanical's total liability for any claim arising from our services shall not exceed the amount you paid for the specific service giving rise to the claim, or $500, whichever is less.
• No Consequential Damages: In no event shall BATE^™ Mechanical be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, business interruption, loss of inventory, food spoilage, or loss of data, regardless of the cause of action or theory of liability.
• Claim Deadline: Any claim against BATE^™ Mechanical must be brought within one (1) year of the date of service giving rise to the claim. Claims not brought within this period are forever barred.
• Force Majeure: We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, utility failures, supply chain disruptions, labor disputes, or acts of God.

10. Indemnification

You agree to indemnify, defend, and hold harmless BATE^™ Mechanical, its owners, officers, employees, agents, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of equipment or systems serviced or installed by us; (c) your failure to maintain equipment as recommended; (d) inaccurate or incomplete information you provided to us; (e) your failure to comply with applicable laws, codes, or regulations; or (f) any claim by a third party related to services performed at your premises.

11. Premises & Safety

• Site Access & Safety: You are responsible for providing safe access to all work areas. This includes clearing paths to equipment, identifying known hazards (asbestos, mold, structural issues, electrical hazards), and securing the work area from unauthorized personnel during service.
• Hazard Reporting: You must disclose all known hazards, including but not limited to asbestos, lead paint, mold, structural damage, gas leaks, and electrical issues before work begins. Failure to disclose known hazards releases BATE^™ Mechanical from liability for related damages or injuries.
• Personal Property: We are not responsible for damage to personal property, inventory, or equipment not directly related to the work being performed, unless caused by our gross negligence. We recommend removing or protecting valuable items near work areas before service begins.
• Roof Access: HVAC work often requires roof access. You are responsible for ensuring safe roof access points and informing us of any roof conditions that may affect safety. We are not responsible for pre-existing roof conditions or leaks not caused by our work.
• Utility Interruptions: Some service work requires temporary interruption of electrical, gas, or water service. We will notify you before any planned interruptions. We are not responsible for losses resulting from necessary utility interruptions during service.

12. Intellectual Property

All content on the BATE^™ Mechanical website, including but not limited to text, images, graphics, logos, designs, and code, is the property of BATE^™ Mechanical and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our website without prior written consent. The BATE^™ Mechanical name, logo, and all related marks are trademarks of BATE^™ Mechanical.

13. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

• Informal Resolution: Before initiating any formal dispute resolution, you agree to contact BATE^™ Mechanical directly to attempt to resolve any dispute informally. We commit to making a good-faith effort to resolve concerns directly.
• Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or our services that cannot be resolved informally shall be resolved exclusively by binding arbitration administered in Hidalgo County, Texas, in accordance with the rules of the American Arbitration Association.
• No Jury Trial: By agreeing to these Terms, you waive your right to a trial by jury for any claims covered by this arbitration provision.
• No Class Action: All disputes shall be resolved on an individual basis. You waive your right to participate in any class action, collective action, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
• Frivolous Claims: If either party brings a claim that the arbitrator determines to be frivolous or brought in bad faith, the losing party shall reimburse the prevailing party for all reasonable attorneys' fees and arbitration costs.

14. Privacy

• We collect only the information necessary to provide our services, including your name, contact information, service address, and payment information.
• We do not sell, rent, or share your opt-in data and phone numbers with third parties for marketing or promotional purposes.
• We may share your information only when required by law, court order, or law enforcement request, or with subcontractors and service providers directly involved in providing your service.
• We take reasonable measures to protect your information, but no method of electronic storage or transmission is 100% secure.
• By engaging our services, you consent to the collection and use of your information as described in this section.
• Text messaging (SMS): If you opt in to text messages, you may receive informational messages (appointment reminders, dispatch notifications, service updates) and marketing messages (offers and promotions) from BATE^™ Mechanical. Message frequency varies. Msg & data rates may apply. Reply STOP to unsubscribe or HELP for help. Consent is not a condition of service.
• For the full Privacy Policy — including our Messaging Terms & Conditions, data retention, and your rights — see our Privacy Policy.

15. Miscellaneous

• Entire Agreement: These Terms, together with any signed service contracts or proposals, constitute the entire agreement between you and BATE^™ Mechanical regarding the subject matter herein.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. If any provision related to arbitration is found unenforceable, the dispute shall proceed in the courts of Hidalgo County, Texas.
• No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by BATE^™ Mechanical.
• Assignment: We may assign our rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of assets. You may not assign your rights under these Terms without our written consent.
• Survival: Sections relating to limitation of liability, indemnification, dispute resolution, intellectual property, and privacy shall survive termination of these Terms and any service relationship.
• No Third-Party Beneficiaries: These Terms are for the benefit of the parties hereto and do not create any third-party beneficiary rights.
• Electronic Communications: By providing your email address or phone number, you consent to receive service-related communications electronically, including estimates, invoices, scheduling confirmations, and service updates.