Terms of Service — Omaha Heating and Air Conditioning
Last updated: May 22, 2026. Effective date: September 15, 2025. These Terms govern your use of services provided by Omaha Heating and Air Conditioning (the “Company”), a Nebraska business operating under City of Omaha Mechanical Contractor License #MC-2014-08847 and Iowa Plumbing & Mechanical Systems Board License #B-027841. By scheduling service, accepting a written estimate, or authorizing work to proceed, you (“Customer”) agree to these Terms. Read the entire document; the sections on payment, warranty, limitation of liability, force majeure, and dispute resolution materially affect your rights.
1. Acceptance of Terms
These Terms form a binding agreement between you and Omaha Heating and Air Conditioning when you (a) sign a written estimate or work authorization, (b) provide verbal authorization to proceed with diagnosed work during a service call, or (c) accept emergency dispatch service. Acceptance is presumed if the Company performs work at your direction and you receive the benefit of that work, regardless of whether a separate signed document exists.
2. Scope of Services
The Company provides residential and light-commercial HVAC services within its licensed service area: Douglas, Sarpy, Washington, and Cass Counties in Nebraska, and Pottawattamie County in Iowa. Services include diagnostic visits, repair, installation, replacement, preventive maintenance, indoor air quality work, refrigerant transition support, and 24/7 emergency dispatch. Work outside this geographic area, or outside the Company’s licensed trade scope (electrical service-panel upgrades, plumbing beyond gas-line connection, structural work, asbestos abatement), requires referral to an appropriately licensed third party at the Customer’s expense and selection.
3. Customer Obligations
- Site access. Customer agrees to provide reasonable access to the service location, including pathways clear of obstructions, working entry points, and (where applicable) animal containment during the technician’s visit.
- Accurate information. Customer agrees to provide accurate information about equipment make/model, prior service history, symptoms experienced, and any prior contractor diagnoses. Material misrepresentation that affects diagnostic accuracy or scope may invalidate workmanship warranty provisions.
- Property and utility readiness. Customer agrees to maintain functional electrical service, water supply (where applicable), and natural gas service (where applicable) at the location. Restoration of utilities that were disconnected before the Company’s arrival is not within the diagnostic visit scope.
- Payment. Customer agrees to remit payment under the schedule in Section 5 below.
- Pre-existing conditions. Customer agrees to disclose known pre-existing conditions (asbestos, mold, radon, structural defects, known code violations) that may affect the safety or scope of work. Discovery of undisclosed pre-existing conditions during service may trigger a written change order before work proceeds.
4. Estimates, Pricing, and Change Orders
- Diagnostic fees are charged on every service call and credited toward repair cost if Customer proceeds with the recommended repair through the Company. Diagnostic findings remain Customer’s property for second-opinion use regardless of the repair decision.
- Written estimates are valid for 30 calendar days from issuance unless otherwise stated. After 30 days, equipment availability, distributor pricing, or refrigerant cost changes may require re-quoting.
- Verbal estimates are not binding. The Company does not provide verbal quotes for installation work.
- Change orders for scope changes discovered during installation (rusted gas line, undersized electrical service, damaged ductwork hidden behind drywall, etc.) require Customer’s written authorization before the change-order work proceeds. The Company will not perform unauthorized scope changes and add them to the final invoice.
5. Payment Terms
- Service calls and repairs — payment is due upon completion of work, payable by Visa, Mastercard, Discover, American Express, ACH transfer, paper check, or financing through a Company partner (see /financing/).
- Installation projects — a deposit of 50% of the contract price is due upon Customer’s written acceptance of the estimate and is used to order equipment from the distributor. The balance is due upon installation completion and prior to final commissioning. Installation projects with project costs above $25,000 may follow a milestone-based payment schedule documented in the signed estimate.
- Late payment — balances unpaid 30 days after the invoice date accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Nebraska Revised Statute 45-103. Accounts referred to collections will be charged collection fees and any attorney fees per applicable Nebraska law.
- Returned payments — a $35 NSF fee applies to returned checks or ACH reversals.
- Mechanic’s lien. The Company reserves all rights under the Nebraska Construction Lien Act (Nebraska Revised Statute 52-125 et seq.) and the Iowa Mechanic’s Lien Law (Iowa Code Chapter 572) for unpaid work performed on the Customer’s real property.
6. Workmanship Warranty
The Company warrants its workmanship for two (2) years from the date of installation completion. The workmanship warranty covers labor to correct installation defects attributable to the Company, including incorrect refrigerant charge, improperly seated electrical connections, inadequate venting, condensate management defects, and similar installation-side issues. The workmanship warranty does not cover equipment manufacturer defects (covered under separate equipment warranty), normal wear and tear, damage from Customer modifications, damage from acts of God or third parties, or failures caused by neglected maintenance.
7. Equipment Manufacturer Warranty
New equipment installed by the Company carries the manufacturer’s warranty as published by the respective manufacturer (Carrier, Trane, Lennox, Rheem, Bryant, Goodman, Mitsubishi Electric, Daikin, Bosch, and others). The Company registers each installation with the manufacturer within 60 days of completion to activate the extended warranty period (typically 10 years on parts for registered residential equipment). Customer is responsible for retaining warranty documentation and complying with maintenance requirements stated in the manufacturer’s warranty terms. Failure to maintain equipment per manufacturer specifications may void the manufacturer warranty.
8. Limitation of Liability
To the maximum extent permitted by Nebraska and Iowa law, the Company’s total liability arising out of any service or installation provided shall not exceed the amount the Customer paid the Company for that service or installation. The Company is not liable for consequential, incidental, indirect, special, or punitive damages, including lost profits, lost revenue, food spoilage, hotel stays during equipment downtime, pet boarding costs, or claims by third parties arising from indoor temperature conditions, except where Nebraska or Iowa law specifically prohibits limitation of such damages. Nothing in this section limits liability for gross negligence, willful misconduct, or any other matter where limitation is prohibited by law.
9. Indemnification
Customer agrees to indemnify and hold the Company harmless against claims arising from: (a) Customer’s breach of these Terms; (b) Customer’s failure to disclose pre-existing conditions affecting safety or scope; (c) modifications made by the Customer or third parties to Company-installed equipment after installation completion; and (d) Customer-supplied equipment, parts, or materials that the Company is asked to install at Customer’s direction.
10. Force Majeure
The Company is not liable for delay or failure to perform caused by events beyond reasonable control, including but not limited to: declared weather emergencies; major derecho events (such as the August 2020 derecho that struck western Iowa); polar vortex events (such as the January 2019 event that brought Omaha to -22°F); tornado outbreaks; major hail events disabling fleet vehicles; OPPD, MUD, or MidAmerican Energy service interruptions; refrigerant supply chain disruption tied to EPA AIM Act phasedown enforcement; civil disturbance; or pandemics. The Company will resume performance as soon as reasonably practicable after the event subsides, prioritizing emergency dispatch over routine scheduling.
11. Dispute Resolution
- Good-faith negotiation. Disputes must first be raised in writing to the Company at the office address below. The Company will respond within 14 calendar days and the parties will attempt good-faith resolution for at least 30 calendar days from the date of the initial written notice.
- Mediation. If negotiation does not resolve the dispute, the parties agree to non-binding mediation through the Concord Mediation Center in Omaha or another mutually agreed Nebraska mediator. Mediation costs are split equally between the parties.
- Litigation. If mediation does not resolve the dispute, either party may proceed to litigation. The exclusive venue for any litigation arising from these Terms is the District Court of Douglas County, Nebraska. Each party waives objection to venue on grounds of inconvenience or forum non conveniens.
- Class action waiver. To the extent permitted by Nebraska law, claims under these Terms may be brought only on an individual basis and not as a class, collective, or representative action.
- Statute of limitations. Claims arising from these Terms or services provided are subject to the applicable Nebraska statute of limitations, including the four-year limitations period for breach of construction contract under Nebraska Revised Statute 25-223.
12. Governing Law
These Terms are governed by the laws of the State of Nebraska without regard to its conflict-of-laws provisions. Work performed in Iowa (specifically, in Council Bluffs and Carter Lake) is governed by Iowa law for matters specific to that work, with Nebraska law governing the underlying contractual relationship.
13. Insurance Coverage
The Company maintains general liability insurance through The Hartford with $2,000,000 aggregate / $1,000,000 per-occurrence coverage. Workers’ compensation through EMC Insurance covering all employees. Commercial automobile coverage on all fleet vehicles. Certificate of Insurance (COI) is available on request and may name the Customer or property management company as additional insured at no additional cost where requested in advance.
14. Permit Authority
The Company pulls building permits through the City of Omaha Permits & Inspections Division, the City of Bellevue Building Department, La Vista, Ralston, the Council Bluffs Building Department, the Carter Lake building authority, and Pottawattamie County for unincorporated work as applicable. Permit costs are itemized on the written estimate. Customer is responsible for facilitating municipal inspection access (typically a 2-hour window) at the inspection appointment.
15. Cancellation and Rescheduling
- Customer cancellation of scheduled appointments — appointments cancelled with at least 24 hours notice incur no fee. Cancellations under 24 hours notice may incur a dispatch fee equal to the diagnostic charge.
- Customer cancellation of installation projects — cancellations made before equipment is ordered are refundable in full minus a 5% administrative fee. Cancellations after equipment is ordered are subject to distributor restocking fees (typically 15–25% of equipment cost) and any labor or freight costs incurred. Custom-configured equipment (commercial RTUs with specific economizer configurations, geothermal ground-loop materials) may not be returnable; cancellations after order may forfeit the deposit.
- Company rescheduling — the Company reserves the right to reschedule routine appointments to accommodate emergency dispatch during severe weather events. We will provide as much advance notice as practicable.
16. Intellectual Property
The Company’s website content, service methodology documentation, project file templates, and brand assets remain the intellectual property of the Company. Customers receive a personal-use license to their own project file PDF, including photographs, measurement data, and as-built documentation specific to their installation. Photographs taken at customer properties may be used in the Company’s project gallery only with the Customer’s written consent.
17. Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or severed entirely, and the remaining provisions will continue in full effect.
18. Entire Agreement and Modification
These Terms, together with the written estimate signed for any specific project and any addenda referenced in that estimate, constitute the entire agreement between the parties. Modifications must be in writing, signed by both parties. Verbal modifications are not enforceable.
19. Changes to These Terms
The Company may update these Terms from time to time. The “Last updated” date at the top will change when a revision is made. Material changes affecting active customers will be communicated by email to the address on file. Continued use of the Company’s services after such notification constitutes acceptance of the revised Terms.
Frequently Asked Questions
- Why is there a 50% deposit on installation projects?
- The deposit funds equipment ordering from the distributor (Carrier, Trane, Lennox, and similar) ahead of the install date. Distributors do not extend net-30 terms to contractors on most residential and light-commercial equipment; payment is due on shipment from the distributor’s warehouse. The deposit covers that exposure and prevents the Company from carrying tens of thousands of dollars in third-party-paid inventory across project pipelines.
- What happens if my AC stops working in August and my emergency call gets delayed by a derecho?
- The force majeure clause in Section 10 means severe weather events may delay non-emergency response. However, life-safety situations (no-cool calls with vulnerable household members in extreme heat, carbon monoxide alarms, gas leaks, refrigerant releases) maintain priority dispatch even during weather emergencies. We will communicate ETA windows transparently rather than letting calls sit unacknowledged.
- Are there situations where the Company would not honor the 2-year workmanship warranty?
- Yes. The warranty does not cover failures caused by Customer modifications after installation, third-party work on Company-installed equipment, neglected maintenance per manufacturer requirements (typically annual professional service), damage from acts of God (hail, derecho, lightning, flood), or normal wear-and-tear consumables (filters, humidifier pads, batteries). The warranty does cover labor to correct demonstrated installation defects attributable to the Company.
- What is the dispute resolution process if I disagree with a charge?
- Section 11 requires a written notice to the Company first, with a 30-day good-faith negotiation period. If unresolved, non-binding mediation through the Concord Mediation Center in Omaha or another mutually agreed Nebraska mediator. If mediation fails, the dispute may proceed to the District Court of Douglas County, Nebraska. Customer rights under the Nebraska Consumer Protection Act, the Nebraska Construction Lien Act, and applicable federal consumer-protection law are preserved and are not waived by these Terms.
- Can I cancel an installation order after I sign the estimate?
- Yes, subject to Section 15. Cancellations before equipment is ordered (typically within 1–3 business days of signing) are refundable in full minus a 5% administrative fee. After equipment is ordered, the distributor’s restocking fee applies (typically 15–25% of equipment cost) plus any freight and labor incurred. Custom-configured equipment may be non-returnable. Whenever possible, we contact the Customer before placing the equipment order with a final confirmation, which provides a natural last-chance cancellation window.
Contact Omaha Heating and Air Conditioning
Our Regency Parkway office is in west Omaha at the I-680 and West Dodge Road interchange. For dispute notices, written cancellation, or any communication intended to be on the record under these Terms, send by certified mail or hand delivery to the address below.
- Emergency Line (24/7): (402) 258-6703
- General Email: info@omahaheatingairconditioning.xyz
- Address: Lake Regency Building, 450 Regency Pkwy #370, Omaha, NE 68114
- City of Omaha Mechanical Contractor License: #MC-2014-08847
- Iowa Plumbing & Mechanical Systems Board License: #B-027841
- EPA Section 608 Universal: #608U-2014-227841
Office Hours
- Emergency Service: 24 hours a day, 7 days a week
- Office Staff: Monday – Saturday, 8:00 AM – 5:00 PM
- Closed: Sundays and State/Federal Holidays (emergency line always active)