Terms and Conditions of AeroClean
These Terms and Conditions govern the supply by AeroClean of cleaning, mold remediation and abatement, HVAC maintenance, indoor air quality assessment and related services, together with any associated products, reports, recommendations, materials and website or booking functionality.
By requesting a quotation, booking, approving a quote, paying a deposit, clicking acceptance online, signing electronically, replying affirmatively by email or messaging platform, or otherwise instructing AeroClean to proceed, you agree to be bound by these Terms and Conditions.
Definitions
In these Terms:
“AeroClean”, “we”, “us” and “our” means Aero Clean Solutions Limited of 17 Beechwood Avenue, Kingston 10.
“Customer”, “you” and “your” means the person or entity purchasing or requesting the Services.
“Services” means the cleaning, mold remediation and abatement, HVAC maintenance, indoor air quality assessment and related services described in a Quote, Booking Confirmation, Work Order or Statement of Work.
“Quote” means any written estimate, quotation, proposal or pricing communication issued by AeroClean.
“Work Order” means the job-specific document, booking confirmation, invoice, checklist, service report or statement describing the relevant Services.
“Premises” means the property, site, room, system, equipment or location where the Services are to be carried out.
“Materials” includes parts, consumables, chemicals, filters, refrigerants, equipment, access items and products supplied or used in connection with the Services.
Scope of Services
AeroClean will provide the Services described in the applicable Quote or Work Order using reasonable care and skill and in accordance with the agreed scope.
Unless expressly stated in writing, the Services do not include structural engineering, electrical rewiring, plumbing works, asbestos abatement, biohazard remediation, pesticide treatment, hazardous-waste disposal, mold eradication guarantees, medical advice, legal compliance certification, laboratory certification, or any regulated work requiring a specialist licence, permit or independent contractor outside AeroClean’s agreed scope.
Any report, recommendation, reading, photo set, inspection note or air-quality finding reflects the conditions observed at the time of the visit only. Conditions may change over time. AeroClean does not warrant permanent outcomes where underlying moisture, ventilation, occupancy, behavioural, structural, electrical, drainage or maintenance issues remain unresolved.
Quotes, estimates and variations
All Quotes are subject to availability, site conditions and scope confirmation, and remain valid for the period stated in the Quote or, if no period is stated, for fifteen (15) calendar days from issue.
Unless expressly stated otherwise, a Quote is based on the information you provide and on normal access, safe working conditions and ordinary contamination levels. If hidden conditions, unsafe conditions, additional rooms, additional systems, restricted access, abnormal contamination, unexpected technical faults or customer-requested additions are discovered, AeroClean may revise the price and scope. No variation is binding unless confirmed by AeroClean in writing or in an updated Work Order.
Any estimated time for completion is an estimate only.
Bookings, approvals and acceptance
A booking is not final until accepted by AeroClean. AeroClean may refuse or reschedule a booking for safety, technical, staffing, compliance or access reasons.
You authorise AeroClean to rely on instructions and approvals given by your authorised representative, including approvals given by email, portal, text or business messaging account reasonably believed by AeroClean to be genuine.
Where AeroClean issues a Work Order, service checklist or statement of work, that document forms part of the contract together with these Terms and Conditions. If there is inconsistency, the job-specific written document prevails to the extent of the inconsistency only.
Customer obligations
You must:
If these obligations are not met, AeroClean may suspend, reschedule or terminate the Services and charge reasonably incurred wasted time, call-out, mobilization, parking, permit, third-party attendance, parts-return or specialist reattendance costs.
Health and safety
AeroClean may refuse to commence or continue work where the Premises or equipment appear unsafe or non-compliant, including where there is suspected asbestos, live electrical risk, severe biohazard exposure, dangerous heat, confined-space risk, unsafe roof access, pest infestation, chemical hazard, violent or abusive conduct, or any circumstance creating a material risk to AeroClean personnel or third parties.
If hazardous or regulated conditions are identified, AeroClean may stop work immediately until the issue is controlled or the scope is amended in writing. Stoppage for safety reasons does not, by itself, entitle the Customer to a free extension of time or a full refund of mobilisation or work already carried out.
Pricing, taxes, deposits and payment
Prices are stated in Jamaican Dollars unless otherwise stated. Prices are exclusive of General Consumption Tax unless the Quote expressly states that GCT is included.
AeroClean may require a deposit, booking fee or mobilization fee before reserving a slot, ordering parts, committing labour, securing specialist equipment or commencing work. Unless otherwise stated in writing, deposits are applied to the final invoice.
For standard call-outs and one-off services, payment is due on completion unless AeroClean agrees credit terms in writing. For projects, installations or recurring services, AeroClean may invoice by milestone, monthly, upfront, or by recurring billing as stated in the Work Order.
Late amounts may accrue interest at the lesser of 1.5% per month and the maximum lawful rate, together with reasonable collection costs. AeroClean may suspend further performance while undisputed overdue sums remain unpaid.
Cancellations, rescheduling and refunds
Unless the applicable Work Order states a longer notice period, at least forty-eight (48) hours’ notice is required to cancel or reschedule a standard booking. AeroClean may charge a reasonable cancellation or reattendance fee where notice is shorter, where access is not provided, where a Customer is absent, where the equipment is unavailable, or where building approvals/shutdowns have not been arranged.
For project work, installations, special-order parts or commercial recurring services, the applicable Quote or Work Order may specify a longer notice period and a reasonable cancellation charge reflecting parts ordered, labour committed and third-party costs.
If AeroClean cancels or is unable to perform the Services for reasons attributable to AeroClean, you may choose rebooking within a reasonable period or a refund of amounts paid for the unperformed part of the Services.
If you do not receive the benefit of the relevant service, or only receive it in part, for reasons not attributable to you, AeroClean will, as applicable and subject to law, re-perform the affected service, issue an appropriate full or proportionate refund, or credit the relevant amount against a replacement service.
Installation, service and labour fees are generally non-refundable once properly performed, but this does not limit any non-excludable legal right you may have.
Materials, parts and customer-supplied items
Unless expressly stated otherwise, Materials selected by AeroClean may be substituted with equivalent items where the original item is unavailable.
Title in supplied parts and products does not pass until AeroClean receives payment in full for them.
If you request AeroClean to use customer-supplied products, chemicals, filters, tools, access equipment or replacement parts, AeroClean may refuse to do so. If AeroClean agrees, it does so without responsibility for defects inherent in such items or for outcomes caused by their unsuitability, except to the extent caused by AeroClean’s own negligence.
Service standards, workmanship warranty and rectification
AeroClean warrants that it will perform the Services with reasonable care and skill.
Unless otherwise stated in the Work Order, any service workmanship warranty applies only to the specific service actually performed by AeroClean and lasts for thirty (30) days from completion. This workmanship warranty does not apply where failure or recurrence results from, customer interference, third-party interference, undisclosed defects, hidden defects, manufacturer defect, power-quality issues, drainage failures, moisture intrusion, structural conditions, inadequate maintenance, or failure to follow AeroClean’s recommendations.
Manufacturer warranties on equipment, parts or appliances are the responsibility of the relevant manufacturer or supplier and are separate from AeroClean’s workmanship warranty.
If you believe the Services were not performed properly, you must notify AeroClean in writing as soon as reasonably possible and, in any event, within forty-eight hours for cleaning and mold remediation and abatement issues and within seven days for HVAC, installation or technical defects, unless a longer period is required by law. AeroClean must be given a reasonable opportunity to inspect and, where appropriate, re-perform or rectify before the Customer engages others at AeroClean’s expense.
Disclaimers and service limitations
Cleaning, sanitization and remediation-type services may improve conditions significantly, but AeroClean does not guarantee complete removal of all contaminants, spores, odours, stains, residue, damage, mold, allergens or airborne particles unless a written guarantee expressly says otherwise.
Air-quality readings, moisture readings, thermal images, inspection comments and recommendations are informational and operational in nature. They are not medical advice, legal advice, insurance advice or a representation that a property is safe, healthy, code-compliant or fit for habitation for all persons.
AeroClean does not guarantee that mold will not return, that odours will not recur, or that air quality will remain at any particular level after the service date, especially where underlying moisture, ventilation, filtration, occupancy, pets, smoking, cooking, dust generation, building defects or maintenance failures persist.
AeroClean is not responsible for damage or poor outcomes caused by pre-existing defects, deteriorated finishes, unsealed or delicate surfaces, aged wiring, corroded components, blocked drainage, prior repairs, hidden conditions, customer-supplied chemicals or equipment, or abnormal contamination levels not disclosed in advance.
Property damage and claims procedure
AeroClean will take reasonable care when working at the Premises. If accidental damage caused by AeroClean is alleged, you must notify AeroClean promptly, preserve the scene where reasonably practicable, and provide photographs and supporting information.
AeroClean may elect to inspect, repair, replace or pay the reasonable current value of a damaged item, taking into account age, condition and depreciation. AeroClean is not liable for sentimental value, special value not disclosed in advance, or speculative replacement cost.
AeroClean is not liable for loss or damage to cash, jewellery, securities, confidential papers, art, antiques, collectables, irreplaceable items, unattended personal property, or fragile items not secured before the Services begin, except to the extent directly caused by AeroClean’s wilful misconduct, negligence or fraud.
Liability cap
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, wilful misconduct, or any liability that cannot lawfully be excluded or limited.
Subject to the previous paragraph, AeroClean’s total aggregate liability arising out of or in connection with any claim, contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the greater of:
provided that nothing in this clause deprives a consumer of any mandatory right or remedy under applicable law.
AeroClean is not liable for indirect, consequential, special or economic loss, including loss of profit, loss of revenue, business interruption, loss of contract, loss of goodwill, loss of use, or increased utility costs, except where such exclusion is not permitted by law.
Indemnity
To the extent permitted by law, you will indemnify AeroClean against third-party claims, losses, fines, damage or expense arising from your breach of these Terms, unsafe conditions at the Premises, inaccurate information supplied by you, unlawful instructions, failure to obtain required permissions, or your misuse or alteration of any product, report or system after AeroClean’s work is completed.
Insurance
AeroClean will maintain commercially reasonable insurance appropriate to the nature of its business and, where applicable, any cover expressly stated in the Quote or Work Order. Evidence of insurance may be provided for commercial customers on reasonable written request.
You remain responsible for maintaining insurance over the Premises, contents and business interruption risks where relevant.
Subcontractors and third parties
AeroClean may use employees, affiliates and suitably qualified subcontractors to perform all or part of the Services. AeroClean remains responsible for the parts of the Services it undertakes to provide, but may rely on specialist third-party reports, test results or supplier lead times where the Work Order contemplates them.
No third party has authority to vary these Terms or bind AeroClean unless AeroClean confirms the variation in writing.
Intellectual property
All intellectual property rights in AeroClean’s website, branding, proposals, reports, checklists, photographs, templates, methodologies, quotations and service documentation remain AeroClean’s or its licensors’ property.
Subject to full payment, AeroClean grants the Customer a non-exclusive, non-transferable licence to use any report or deliverable supplied by AeroClean for the Customer’s own internal or property-management purposes only. Reports and recommendations may not be altered, sold, published, distributed to third parties, or used for marketing or litigation support without AeroClean’s prior written consent, except where disclosure is required by law or reasonably required for insurance, sale, tenancy or property management purposes.
Confidentiality
Each party shall keep confidential any non-public business, technical, security, pricing or personal information received from the other in connection with the Services and shall use that information only to perform or receive the Services, except where disclosure is required by law, for insurance, debt recovery or professional advice, or to vetted subcontractors who need the information for the relevant Services.
Data protection and privacy
AeroClean will process personal data in accordance with applicable Jamaican data-protection law and its Privacy Policy, as updated from time to time.
You acknowledge that AeroClean may process names, contact details, addresses, service history, photos, inspection notes, access instructions, invoices, payment records and communications for the purposes of quoting, scheduling, performing, documenting, supporting and improving the Services, complying with law, handling complaints, and protecting legitimate business and safety interests.
Where AeroClean acts on behalf of a commercial customer in relation to personal data at the Premises, the commercial customer warrants that it has authority to disclose that data to AeroClean and to instruct AeroClean in relation to the relevant processing.
Communications and notices
Operational communications may be sent by email, telephone, messaging application or booking platform.
Formal legal notices under these Terms must be sent by email to info@aerocleanja.com and, if requested by AeroClean or the Customer for material disputes, also by prepaid courier or hand delivery to the parties’ stated addresses.
A notice is deemed to be received on the date of confirmed delivery by email or, if sent by courier or hand, on actual delivery.
Force majeure
AeroClean is not liable for delay or failure caused by events beyond its reasonable control, including severe weather, flood, fire, strike, labour shortage, road closure, utility outage, import or supply-chain disruption, epidemic, pandemic, civil disorder, government action, building lockdown, or shortage of parts, labour or safe access.
AeroClean may extend time for performance, reschedule or cancel the affected booking, and will use reasonable efforts to mitigate disruption.
Suspension and termination
AeroClean may suspend or terminate the Services immediately if you fail to pay undisputed sums when due, breach these Terms materially, create an unsafe work environment, behave abusively, refuse reasonable access, or require AeroClean to perform unlawful or non-compliant work.
Either party may terminate any recurring or ongoing service arrangement on the notice stated in the Work Order or, if none is stated, on thirty days’ written notice.
Termination does not affect accrued rights, payment obligations for Services already performed, or clauses intended to survive termination, including liability, confidentiality, intellectual property, data protection, dispute resolution and payment clauses.
Governing law and dispute resolution
These Terms, and any non-contractual obligations arising out of them, are governed by the laws of Jamaica.
If a dispute arises, the parties shall first attempt in good faith to resolve it by written notice and discussion within fourteen days. If the dispute is not resolved, the parties may agree to mediation. If unresolved, the courts of Jamaica shall have jurisdiction.
Nothing in this clause prevents AeroClean from seeking injunctive relief, debt recovery, or urgent protective orders where appropriate.
Amendments
AeroClean may update these Terms from time to time by publishing a revised version on its website with a new effective date. The revised Terms will apply to new bookings from that effective date. Existing confirmed Work Orders remain governed by the version in force when the booking was accepted, unless the parties agree otherwise in writing.
Severability, waiver and entire agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in force to the fullest extent permitted by law.
A failure or delay by either party in enforcing a right is not a waiver of that right.
These Terms, together with the applicable Quote, Work Order, invoice and any expressly incorporated policy or statement of work, constitute the entire agreement between the parties in relation to the Services and supersede prior discussions on the same subject.
Consumer rights
Nothing in these Terms excludes, restricts or modifies any right or remedy that you may have which cannot lawfully be excluded, restricted or modified under applicable Jamaican law.
Electronic signatures and online acceptance
The parties agree that these Terms, any Quote, Work Order, approval, variation, acceptance, notice or instruction may be executed, accepted or evidenced electronically, including by checkbox acceptance, typed signature, e-signature platform, email confirmation or other reliable electronic method agreed by the parties.