Terms & Conditions

01

Acceptance and Scope of These Terms

By using Polar32.com, you agree to the website-use provisions of these Terms. Service-related provisions apply when these Terms are incorporated into, linked from, delivered with, or otherwise accepted as part of a Polar 32 quote, estimate, work order, service authorization, rental, purchase or other transaction.

If a project-specific written agreement conflicts with these Terms, the project-specific agreement controls for that project. Rights that cannot lawfully be waived are not waived by these Terms.

02

Services Provided by Polar 32

Polar 32, LLC provides services that may include commercial refrigeration, electrical troubleshooting and repair, megohmmeter insulation-resistance testing, residential A/C refrigerant and recharge service, residential heat pump installations, solar freezer rentals and other services specifically described in a quote, work order, invoice, rental page or written agreement.

Service availability depends on location, equipment, parts, staffing, scheduling, site conditions, required permits or inspections, and the specific scope requested.

03

Quotes, Estimates, Changes and Authorization

Quotes and estimates describe the anticipated scope and pricing based on information reasonably available when prepared. Conditions discovered after work begins may require additional labor, parts, testing, materials or a revised scope.

Work outside the agreed scope is not included merely because the condition is discovered during service. Polar 32 may require additional authorization, including a written change order or amended agreement where applicable, before added work is performed.

For transactions that are not subject to a statutory written-contract requirement, a quote may state that payment of a specified deposit or down payment constitutes acceptance and authorization of that quote.

For any transaction subject to New York home-improvement contract requirements, payment of a deposit or down payment does not replace the required written and signed contract. Any home-improvement contract and amendment subject to New York General Business Law Article 36-A will be handled through the separate project-specific written agreement required by applicable law.

04

New York Residential Home-Improvement Work

New York General Business Law Article 36-A treats qualifying work on residential property as home improvement. This can include installation of air-conditioning and heating equipment that is affixed to real property, including covered residential heat-pump and permanently installed HVAC work.

Where Article 36-A applies, Polar 32 will use a separate project-specific written contract signed by the parties. The contract will contain the information and notices required by applicable New York law, which may include contractor identification, estimated start and substantial-completion dates, the work and materials to be provided, identifying information such as make and model where applicable, the agreed price, mechanic's-lien notices, advance- payment protections, any required progress-payment schedule, statutory cancellation language, and required insurance disclosures.

The owner will be furnished the required written agreement before work begins. Website Terms, an online payment, a deposit, an email exchange or other website interaction does not substitute for a written and signed home-improvement contract when New York law requires one.

Three-business-day cancellation right

For a covered New York home-improvement contract, the owner generally may cancel until midnight of the third business day after the day the owner signs the agreement or offer to purchase. Any statutory cancellation notice and instructions will be provided in the project-specific contract. A statutory emergency exception applies only when the legal requirements for that exception are satisfied, including the required separate owner statement.

Advance payments and escrow

Under New York Lien Law § 71-a(4), payments received from an owner before substantial completion of covered home-improvement work generally must be deposited within five business days into a qualifying escrow account located in New York, unless Polar 32 uses a statutory alternative such as a qualifying bond, contract of indemnity or irrevocable letter of credit.

Where progress payments are used, withdrawals and payment scheduling will be handled in accordance with the project-specific contract and applicable New York law, including the requirement that progress payments bear a reasonable relationship to work performed, materials purchased or project expenses. Payments for work already performed on a specified hourly or time basis, or materials already supplied before payment is due, may be treated differently where New York law provides an exception.

Applicable New York Lien Law Article 3-A trust-fund obligations are separate legal obligations and are not waived or replaced by these website Terms.

05

Service Calls, Diagnostics and Minimum Charges

A service call or diagnostic charge compensates Polar 32 for travel, dispatch, inspection, troubleshooting and/or diagnostic time as described in the applicable quote, rate disclosure or authorization.

Diagnostic or service-call charges may be due even if no repair is performed, if the customer declines the recommended repair, if a part is unavailable, or if further work requires a separate quote, provided the applicable charge was disclosed or authorized.

A diagnosis reflects conditions observed and information available at the time of service. Some failures are intermittent, concealed, progressive or dependent on conditions that may not be present during the visit.

06

Scheduling, Access and Customer Responsibilities

Customers are responsible for providing safe, timely and reasonable access to the equipment, electrical panels, mechanical rooms, job site and other areas necessary to perform the authorized work.

Customers should disclose known conditions that may affect safety or work, including:

• Fire, smoke, water or electrical damage
• Known hazardous materials or contaminated areas
• Structural hazards, restricted access or unsafe working conditions
• Prior repairs, altered wiring, refrigerant history or known system problems
• Animals, tenants, alarms, access controls or other site restrictions

Polar 32 may stop, postpone or decline work when conditions are unsafe, access is inadequate, required authorization is unavailable, or continuing would create an unreasonable risk.

07

Commercial Refrigeration and Product Protection

Customers remain responsible for monitoring product temperatures and protecting or relocating food, beverages, inventory and other temperature-sensitive property before, during and after refrigeration service.

A service visit, diagnosis, temporary repair or restoration of operation does not guarantee uninterrupted future operation or a particular remaining service life unless expressly stated in writing.

If equipment is not maintaining a safe or required temperature, the customer should take appropriate action to protect product and comply with applicable food-safety, health or business requirements.

08

Residential A/C Refrigerant and Recharge Service

Refrigerant recharge service adds refrigerant when appropriate but does not, by itself, repair a leak or guarantee how long the refrigerant charge will remain in the system.

Leak detection, leak repair, component replacement, evacuation, recovery or additional corrective work is included only when specifically authorized or included in the applicable scope.

Refrigerant type, availability, legal restrictions, equipment condition and manufacturer requirements may affect whether a recharge or repair can be performed.

09

Electrical Service and Megohmmeter Testing

Electrical testing and service is limited to the circuits, equipment and scope actually evaluated or authorized. Test results reflect conditions at the time of testing and do not guarantee that a circuit or component will remain unchanged or free from future failure.

Megohmmeter insulation-resistance testing provides electrical test data and may support an inspection or condition evaluation. It does not replace any permit, inspection, certification or approval required by the authority having jurisdiction.

Electronic devices and other components that could be affected by test voltage must be isolated or handled appropriately before insulation-resistance testing.

10

Heat Pump Installations, Permits and Inspections

Heat pump installations are governed by the project-specific quote or contract. Equipment selection, electrical requirements, line-set routing, condensate disposal, mounting, permits, inspections and other installation details are included only to the extent described in the written scope.

Permit, inspection and authority-having-jurisdiction requirements vary by location and project. Where required, those requirements will be handled as stated in the project-specific agreement.

11

Parts, Materials and Special Orders

Parts and materials are subject to availability, manufacturer changes, supplier lead times and shipping delays. Polar 32 may use equivalent or superseding parts when appropriate and authorized.

Special-order, custom, non-returnable or electrical/electronic parts may be subject to supplier restocking, cancellation or non-returnability terms when disclosed in the quote, order or authorization.

Polar 32 is not responsible for warranty, fit, performance or additional labor associated with customer-supplied parts unless expressly agreed in writing.

12

Solar Freezer and Other Equipment Rentals

Rental pricing, pickup and return times, availability, permitted use, deposits and other rental-specific terms are governed by the applicable rental page, order confirmation or written rental agreement.

Rental charges, reservation payments and security deposits

The applicable rental terms should identify whether a payment is a rental charge, nonrefundable reservation payment, refundable reservation deposit, security deposit, or other advance payment. The legal treatment of the payment depends on its purpose and the applicable agreement.

Where New York General Obligations Law § 7-101 applies to money deposited or advanced as security for performance of a personal-property rental, or to be applied to rental payments when due, the money remains the customer's money and is held as a trust fund, deposited with a bank or trust company, and not commingled with Polar 32's operating funds except as permitted by law.

New York law provides different treatment for certain advance payments that are irrevocable and nonrefundable under the applicable rental terms, or that immediately satisfy or discharge an equivalent rental-payment obligation. Polar 32 will classify and handle rental payments and deposits according to the applicable rental agreement and law.

Rented equipment must be used only for its intended purpose, protected from misuse, theft, unauthorized modification and avoidable damage, and returned in the condition required by the applicable rental terms, ordinary wear excepted. The customer may be responsible for loss, theft, damage, cleaning or other charges to the extent stated in the rental agreement and permitted by law.

Solar-freezer performance can vary with ambient temperature, sun exposure, loading, door-opening frequency and usage conditions. Customers are responsible for monitoring stored product and confirming that the rental is suitable for the intended use.

13

Payments, Deposits and Taxes

Payment terms are stated in the applicable estimate, invoice, order, rental, checkout or project-specific agreement. Amounts due must be paid by the stated due date.

Polar 32 may collect New York sales tax when required. Tax treatment can depend on whether work is repair, maintenance, installation, a capital improvement, a rental, sale of tangible property, or another taxable or exempt transaction. Customers claiming an exemption or capital-improvement treatment may be required to provide the applicable certificate or documentation.

Deposits or advance payments for covered residential home-improvement work are subject to the protections and requirements described in Section 04.

14

Cancellations, Rescheduling and Delays

Appointment cancellation, rescheduling, special-order cancellation or rental cancellation terms will be disclosed where applicable. A customer may be responsible for charges already incurred or authorized, including completed diagnostic work, non-returnable parts, supplier fees or other costs, except where prohibited by law.

Statutory cancellation rights for covered New York home-improvement contracts are not limited by this section.

15

Warranty and Manufacturer Coverage

Any Polar 32 labor or service warranty applies only if expressly stated in the quote, invoice, work order or other written agreement. Manufacturer warranties on equipment and parts are provided by the manufacturer and are subject to the manufacturer's terms.

Unless expressly stated in writing, warranties do not cover unrelated failures, pre-existing defects, misuse, lack of maintenance, power problems, unauthorized modifications, improper operation, environmental damage, customer-supplied parts or failures outside the scope of the original work.

Nothing in these Terms disclaims or limits a warranty or remedy that cannot legally be disclaimed or limited.

16

Delays and Events Beyond Reasonable Control

Polar 32 is not responsible for delays caused by circumstances outside its reasonable control, including supplier shortages, shipping delays, manufacturer backorders, utility interruptions, weather, unsafe site conditions, permit or inspection delays, acts of government, labor disruptions or other similar events.

Estimated dates are not guaranteed unless a project-specific written agreement expressly states that a particular date is guaranteed or is of the essence.

17

Website Information and Technical Content

Content on Polar32.com is provided for general information about Polar 32 and its services. Website content is not a substitute for an on-site diagnosis, code evaluation, engineering analysis, manufacturer instruction, food-safety determination or other professional evaluation specific to a particular system.

Polar 32 may update website content, pricing, service descriptions, availability and product information without prior notice.

18

Intellectual Property and Website Use

Polar 32 names, logos, original website content, photographs, graphics and other materials are owned by Polar 32 or used with permission and may not be copied, reproduced or commercially used without authorization except as allowed by law.

You may not misuse Polar32.com, attempt unauthorized access, interfere with site operation, submit malicious code, impersonate another person, or use the site for unlawful purposes.

19

Third-Party Services and Links

Polar32.com may link to or use services provided by Squarespace, PayPal, manufacturers, suppliers, scheduling providers or other third parties. Third-party services are governed by their own terms and policies, and Polar 32 does not control their availability, security or content.

20

Limitation of Liability and Customer Duty to Mitigate

This section is intended to allocate only those risks that New York law permits the parties to allocate. Nothing in these Terms is intended to exempt Polar 32 from liability for bodily injury or direct damage to person or property caused by Polar 32's negligence where such an exemption is void or unenforceable under New York General Obligations Law § 5-323 or other applicable law.

Nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, fraud, or any other liability that applicable law does not permit Polar 32 to exclude or limit.

Subject to the foregoing and to the maximum extent permitted by law, Polar 32 is not responsible for indirect, incidental, special, exemplary, punitive or consequential economic losses such as lost profits, business interruption or loss of use when such losses result from the underlying equipment failure, pre-existing conditions, customer delay, failure to monitor or protect inventory, utility interruption, future equipment failure, or other conditions not caused by Polar 32's legally actionable negligence or misconduct.

Refrigerated-product losses arising from an existing refrigeration failure, unsafe product temperatures, delayed customer action, failure to relocate or protect product, or a later equipment failure are subject to the customer's responsibility to take reasonable steps to monitor temperatures and mitigate loss. This paragraph is not a waiver of liability for product or property damage to the extent New York law prohibits such a waiver.

Any additional project-specific limitation, warranty or allocation of risk will be governed by the signed quote, work order, rental agreement or other written agreement for that transaction and remains subject to applicable law.

21

Governing Law, Venue and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules, except where another law must apply.

Before filing a lawsuit, the parties are encouraged to make a reasonable good-faith effort to resolve a service, rental or payment dispute directly. Nothing in this paragraph prevents either party from seeking emergency relief, preserving a legal deadline, filing a mechanic's lien where permitted, or using another remedy that applicable law makes available.

Subject to any mandatory venue rule, small-claims right, consumer-protection right or other forum right that applicable law does not permit the parties to waive, a legal proceeding concerning these Terms may be brought in a court of competent jurisdiction in or serving Genesee County, New York.

A project-specific written agreement may contain additional dispute-resolution terms. If such terms conflict with these website Terms, the project-specific agreement controls to the extent permitted by law.

22

Severability, Waiver and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain effective to the extent permitted by law.

A failure to enforce a provision on one occasion does not waive the right to enforce it later.

For a particular service, installation, rental or order, the applicable quote, estimate, work order, invoice, rental agreement, order confirmation, written change order and any documents expressly incorporated into them form the agreement for that transaction.

23

Changes to These Terms

Polar 32 may update these Terms from time to time. Changes will be posted on this page with an updated revision date. Changes do not retroactively alter a previously signed project-specific agreement unless the parties agree otherwise or applicable law provides otherwise.