Terms & Conditions
Berkeys Air Conditioning, Heating & Electrical (“berkeys.com”) owns and operates this Website. This document governs your relationship with berkeys.com (“Website”). 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.
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 this entire Website.
Terms of Sale:
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Berkeys (aka berkeys.com) you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. berkeys.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email 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 or services purchased.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) 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 cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. If shipping and delivery is required for any products or services purchased, delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods or services you wish to purchase. Once the goods or services have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Membership Terms & Conditions:
All memberships are non-refundable and expire one year from sign-up date.
Inspections & General Membership Benefits:
Refer to website or brochure for information for detailed information on what’s included with your membership plan and inspections. Here is a summary of the key points:
Berkeys Club for Plumbing:
- One (1) Annual Plumbing Inspection (see “scheduling”)
- Two (2) $63.00 coupons mailed twice a year (December & July) totaling $126 per year
- Extended Warranties
- Up to 15% off parts & labor
- Priority Scheduling (see “scheduling”)
- NOTE: For the Berkeys Club add $9 per year to $126 standard rate (total: $135/Year) for homes with 4-5 bathrooms and add $18 per year to standard rate (total: $144/Year) for homes with 6 or more bathrooms. These additional fees may be assessed following your initial purchase if not included for various reasons at sign-up.
Berkeys Club $63.00 Coupons and other Membership Coupons (See Additional Coupons, Discounts and Other Free Offers below)
- $63.00 Membership Coupons included as part of the Berkeys Club membership plan are treated as CASH, not coupons. (Alternative $63.00 coupons may be mailed to BAM! and AMP Members with limitations such as expiration and other disclaimers).
- A maximum of four (4) $63.00 Membership Coupons may be redeemed on one service call within a 365 day period unless a manager approves otherwise.
- $63.00 Club Membership Coupons may be used as CASH toward any type of service needed, i.e. Plumbing, HVAC or Electrical, but each coupon can only be used on an individual invoice (i.e. not divided up across multiple invoices).
- If the total amount due for services rendered does not exceed or equal the number of $63.00 Club or other Membership Coupons surrendered the remaining balance of the coupons is forfeited.
- Example: Total amount due for service $229.00 *coupons surrendered, (3) $63 + $63 + $63 =$189.00 + online coupon of $50.00= $239.00 remaining coupon value of $10 is forfeited.
Berkeys BAM! Plan for Air Conditioning & Heating:
- One (1) Spring / Summer AC Inspection (see “scheduling”)
- One (1) Fall / Winter Heating Inspection (see “scheduling”)
- Extended Warranties
- Up to 15% off parts & labor
- Priority Scheduling
Berkeys AMP Plan for Electrical:
- Annual Electrical Home Safety Inspection (see “scheduling”)
- Extended Warranties
- Up to 15% off parts & labor
- Priority Scheduling
Inspection Scheduling and Responsibility:
Most inspections are scheduled approximately six (6) months from sign-up date and are not intended as a repair or emergency visit which would require a service fee. Berkeys will make reasonable attempts to contact you by mail, email and or phone to schedule your inspections. If after three or more attempts to contact you to schedule your inspection does not result in successfully scheduling your inspection, or a follow-up call or communication from you does not occur, the inspection will be forfeited. Inspections do not require additional service fees or trip charges. Inspection scheduling is subject to availability and may require changes based on seasonably high call/service times, weather or other variable circumstances that may require rescheduling.
Priority Scheduling Terminology:
Priority Scheduling means the next available technician in your area will be dispatched ahead of non-members. Berkeys requires all BAM Members to promptly notify us of any malfunctions or unusual operations during the term of this agreement. Operate the fixture according to the manufacturer’s instructions or instructions outlined by Berkeys. Any modifications, including additions, adjustments or repairs made by someone other than the Seller, unless authorized or agreed upon by this Seller, will be cause to terminate this Seller’s obligation under the contract.
Credit Card Payments:
Berkeys Air Conditioning, Heating & Electrical never stores customer credit card information on its computers or servers. All payments are completed through secure, third party credit card processing companies, whether online, in person or over the phone.
Responsibilities of Customer
Customer agrees to hold Berkeys Air Conditioning, Heating & Electrical harmless for the discovery of any of the following defective conditions:
- Improper or faulty plumbing, air conditioning or electrical components
- Rusted or defective pipes or other materials
- Acids in the drain system
- Plumbing or HVAC lines that are settled or broken
- Existing illegal conditions
- Defective Roofing
- Existing mold
Customer is required at their expense to do all work and other acts to meet all conditions necessary to allow Berkeys Air Conditioning, Heating & Electrical to complete the work as provided in this agreement.
Responsibilities of Berkeys Air Conditioning, Heating & Electrical - Conditions and Limitations
Berkeys Air Conditioning, Heating & Electrical shall do all work in a good workmanlike manner. Berkeys Air Conditioning, Heating & Electrical is not responsible for any existing illegal conditions or mold conditions.
Inspections may include, but are not limited to the checklist found online at https://berkeys.local/membership-plans/ or in our electronic brochure which can be emailed to you upon request. Always refer to the most current, updated version which is subject to change at any time. Our ability to complete all items on the checklist may be impeded by weather, construction, accessibility to certain items, etc. which may be out of the control of our technician. If this is the case, your technician will let you know and the technician and Berkeys can be held liable for such circumstances where it is not safe or accessible to complete that portion of your inspection.
Additional Coupons, Discounts and Other Free Offers
Berkeys Air Conditioning, Heating & Electrical offers many different opportunities to reduce your invoice; from coupons and discounts to occasionally offering a free service or product.
The following are general guidelines that must be adhered to in order to receive the benefit of any standard coupon. (See below for Membership Only Coupons).
- Most or all coupons have an expiration date which must be adhered to. Only a manager has the right to extend a coupon beyond the expiration date.
- Coupon must be presented at time of service.
- Coupons may not be used toward a service and evaluation fee (a.k.a. service call, a.k.a. trip charge, a.k.a. dispatch fee).
- Discounts may not be combined with any other offer unless approved by a manager, including membership discount of 15% on most repairs. (This excludes the $63.00 Coupon for Club Members Only, which may be used “as cash” towards most invoice items.)
- Limit one free offer such as Free Estimate for service or product per household per 12 months.
- Free offers and estimates may be limited to on-hand quantity or scheduling ability and cannot be utilized during after-hours or for emergency visits/repairs. See actual offer for exact limitations or call 713-812-7070 for more information.
- Acceptance of a free offer/service may require you to pay tax or other fees as necessary by state/federal law.
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 berkeys.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We 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.
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 berkeys.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by berkeys.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.
Notice to Homeowners
Under the Texas Mechanic’s and Materialman’s Lien Law any contractor, subcontractor, laborer, supplier, or other person who helps to improve your property, but is not paid for his/her work or supplies, has a right to enforce a claim against your property. A Lien may be placed on your property if any person furnishing material or labor executes a written contract that sets for the term of the agreements. This means that after a court hearing, your property could be sold by a court officer and the proceeds used to satisfy indebtedness.
To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled “Lien Affidavit”. A Lien Affidavit is not a lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are not paid. (Generally, the maximum time allowed for filing a claim or lien against your property is one hundred twenty (120) days after completion of your project.
Berkeys Air Conditioning, Heating & Electrical warrants its work to be free from defects in material and workmanship for the warranty period of one (1) year from completion unless otherwise stated in writing on the face hereof. For specific details about any warranties related to your work, you may request this from your technician or contact customer service to assist in providing this to you.
Protection of customer’s property
Customer agrees to remove or protect any personal property, inside and out, including but not limited to, carpets, rugs, shrubs, and planting, and Berkeys Air Conditioning, Heating & Electrical shall not be responsible for said items. Nor shall Berkeys Air Conditioning, Heating & Electrical be held responsible for the natural consequences of Berkeys Air Conditioning, Heating & Electricals’ work which may cause damage to improvements to real property including, but not limited to, curbs, sidewalks walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, and other appurtenances to the residence of other real property. Berkeys Air Conditioning, Heating & Electrical shall not be held responsible for damage to personal property, real property, or an improvements to real property caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals.
This is the entire agreement. The parties are not bound by any oral expression or representation by any commitment or arrangement not set forth herein. The agreement binds jointly and severally all signing as Customer, their heirs, representatives, successors and assigns.
Berkeys Air Conditioning, Heating & Electrical will not provide an itemized breakdown of materials and labor for flat rate prices work. However, Berkeys Air Conditioning, Heating & Electrical will provide an itemized list of all materials used to perform the necessary repair only upon request.
Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711 1-800-803-9202 1-512-463-6599 www.tdlr.texas.gov.