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Swamp Brothers Service Agreement 

This service agreement (“Agreement”) outlines the terms and conditions for services provided by Swamp Brothers related to the installation, maintenance, and repair of swamp coolers.

1. Services Provided

Swamp Brothers agrees to perform the installation and/or repair of swamp cooler units and other contracted work as requested by the customer at the designated service location.

2. Acceptance of Terms

The Client acknowledges that this Agreement is provided with and incorporated into each invoice issued by Swamp Brothers.

Payment of any invoice, without prior written objection to this Agreement, constitutes the Client’s acknowledgment that they received this Agreement and acceptance of all its terms and conditions.

Any objection to this Agreement must be made in writing before payment is submitted. Failure to review this Agreement before payment does not invalidate acceptance.

Swamp Brothers’ performance of services at the Client’s request, together with the Client’s payment of the invoice without prior written objection, shall constitute a binding agreement between the parties.

3. Text Message Communications & Consent

By providing a phone number to Swamp Brothers, the Client expressly consents to receive text messages (SMS/MMS), including but not limited to:

  • Service-related communications (appointment confirmations, technician updates, service follow-ups)

  • Seasonal notifications (start-up reminders, shutdown reminders, freeze warnings)

  • Service offers, including offers to perform seasonal shutdowns or freeze protection services for a fee

Message frequency may vary. Standard message and data rates may apply.

The Client may opt out of receiving text messages at any time by replying “STOP” or by notifying Swamp Brothers directly.

4. Limited Liability for Materials

Swamp Brothers strives to preserve the quality of roof shingles, ductwork, landscaping, or gutters incurred during service and installation, but wear and tear is inevitable. Swamp Brothers is not liable for minor damage during reasonable access, installation, or repair of the swamp cooler unit.

5. Pre-Existing Damage

Swamp Brothers is not responsible for pre-existing damage, misuse, or issues resulting from third-party modifications or environmental conditions beyond our control.

6. Right to Remedy

The Client agrees that any concerns regarding workmanship or services must be communicated directly to Swamp Brothers in writing, and Swamp Brothers must be given a reasonable opportunity to inspect and remedy such issues.

7. Owner Availability

If the owner or authorized decision-maker is not available for communication during the scheduled service window (defined as no response within 15 minutes during scheduled appointment window or 1.5 hours after a specific appointment time):

  • Swamp Brothers may proceed with necessary repairs to restore functionality

  • Any service warranty is void due to lack of owner oversight

  • Additional repairs discovered later require a new appointment and service fee

7. Late Payments

All balances are due upon completion of service unless otherwise agreed in writing.

Any invoice not paid within seven (7) calendar days of issuance shall be considered delinquent.

A late fee of 2% of the outstanding balance per week or $25, whichever is greater, shall accrue on any delinquent invoice, beginning on the 8th day after issuance and continuing until the earliest of:

  • Payment in full; or

  • The total late fees reach 10% of the outstanding balance, or $75 for invoices under $1,000, whichever is greater

Once the applicable maximum late fee has been reached, no additional late fees shall accrue, and all accrued late fees shall be fixed and payable.

An Event of Non-Payment includes:

  • Any balance remaining unpaid after thirty (30) calendar days

  • Any payment that is reversed, charged back, or disputed and not repaid within thirty (30) days

  • Any action resulting in Swamp Brothers being debited or held liable for previously received funds

Upon the occurrence of an Event of Non-Payment, Swamp Brothers shall be entitled to recover:

  • The unpaid balance

  • $400 per hour for all time reasonably required to initiate, process, and enforce collection, including but not limited to correspondence, dispute handling, documentation preparation, administrative time, and coordination with third parties

  • All applicable attorney’s fees, court costs, and costs of collection

The Client acknowledges that the above charges are intended to compensate Swamp Brothers for administrative burden, delayed cash flow, and costs associated with collection.

 

9. Post-Service Monitoring

Swamp Brothers strives to minimize all issues related to service or installation of swamp coolers; however, it is not practical in some situations to monitor units long enough to eliminate the possibility of all issues that could arise including, but not limited to, leaking caused by float valves or interior water lines. 

The customer agrees to remain on-site or designate a responsible party to observe the cooler’s operation for:

  • A minimum of one hours after service is completed

  • An additional check 24-hours after service is provided

Damage is unlikely to result from issues caused by old, scaled, rusty, or inaccurately adjusted float valves unless:

  • Pre-existing damage to shingles exists

  • Swamp cooler is not properly holding water

  • Ducts are rusty or improperly sealed

  • Gutters are not draining water far enough from property’s foundation

Because these issues are not always foreseeable Swamp Brothers is not responsible for any damage caused if no one is present to observe the system during these periods.

Furthermore, it is unreasonable to expect Swamp Brothers to inspect interior water lines unless specifically contracted and agreed upon. Swamp Brothers is not liable for any damage to or resulting from interior water lines.

 

10. Good Faith Consideration & Protection of Competitive Advantage (Conditional Application)

This section applies only in the event that Swamp Brothers provides a discount, refund, warranty extension, follow-up service, or other concession explicitly designated as “Good Faith” consideration. This section does not apply to standard transactions where no such consideration is provided.

This provision is intended to apply only in limited circumstances where Swamp Brothers elects to provide additional value to fully resolve a customer concern or dispute, and is not part of standard service transactions.

In such cases, the “Good Faith” consideration is expressly provided in full and final resolution of all prior concerns, complaints, or disputes related to the services rendered.

The Client acknowledges that Swamp Brothers’ public reputation, including its ratings, reviews, and perceived service quality, constitutes a significant and measurable competitive advantage that directly impacts its ability to generate future business.

By accepting any “Good Faith” consideration, the Client expressly acknowledges and agrees that:

  • All services have been brought to a satisfactory resolution

  • No unresolved issues remain

  • Any prior concerns have been fully addressed

The Client further agrees that the purpose of such “Good Faith” consideration includes, in part, the protection of Swamp Brothers’ competitive advantage and public reputation.

Accordingly, the Client agrees that, only in connection with the acceptance of such “Good Faith” consideration, they will not make any public statements that materially contradict the above acknowledgment, including statements suggesting that services were incomplete, unresolved, or performed below generally accepted standards where such issues were previously addressed.

In the event that the Client accepts “Good Faith” consideration and subsequently makes statements that materially contradict the above acknowledgment, the Client agrees that such actions constitute a breach of this Agreement and a direct impairment of Swamp Brothers’ competitive advantage.

As a result, the Client agrees to be liable for damages in the amount of $10,000 per occurrence. The Client acknowledges and agrees that damages resulting from reputational harm, loss of competitive advantage, and reduced customer acquisition are inherently difficult to quantify at the time of contracting, and that this amount represents a reasonable estimate of such damages, taking into account the value of lost business opportunities and the impact of negative public statements on future revenue.

11. Warranty Exclusions

Client acknowledges that manufacturing quality is beyond the scope of any service or goods supplied by Swamp Brothers.

Swamp Brothers is not liable for:

  • Manufacturer defects

  • Product longevity

  • Failures related to parts used

All warranties exclude any damages arising from such issues.

12. Application of Agreement

This Agreement applies to all current and future services, transactions, and interactions between the Client and Swamp Brothers.

The Client agrees that any future request for service, acceptance of services, or payment of any invoice after being provided access to this Agreement constitutes acceptance of these terms for all such current and future work.

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