GENUINE COMFORT
HC Commercial USA Inc. | GenuineComfort.com
TERMS AND CONDITIONS OF SALE
Effective Date: 2025 | Last Revised: 2025
These Terms and Conditions (“Terms”) govern all purchases from Genuine Comfort / HC Commercial USA Inc. (“Genuine Comfort,” “GC,” “we,” “our,” or “us”), accessible at GenuineComfort.com, and apply to all sales quotes, invoices, and written agreements referencing these Terms. The purchaser (“Buyer,” “you,” or “your”) agrees to be bound by these Terms upon placing an order, signing a quote, or otherwise transacting with Genuine Comfort. These Terms supersede any conflicting terms in Buyer’s purchase orders or other documents unless expressly agreed upon in writing by an authorized representative of Genuine Comfort.
1. Product Verification & Buyer Responsibility
All product specification verification is the sole responsibility of the Buyer. Genuine Comfort makes product information, specifications, and technical data available for reference purposes only. It is the Buyer’s obligation to independently confirm that any product ordered is correct for its intended application, installation environment, and regulatory requirements prior to placing an order.
Genuine Comfort is not responsible or liable for:
- Incorrect product purchases due to Buyer error, misidentification, or reliance on third-party guidance;
- Any outcome, loss, damage, cost, or consequence arising from the purchase or installation of an incorrectly specified product;
- Compatibility of products with existing infrastructure, electrical systems, wall sleeves, or building configurations;
- BTU sizing, voltage requirements, heating type, or any other technical specification — Buyer must verify all specifications independently or consult a qualified HVAC professional before ordering.
By placing an order, Buyer affirms that they have independently verified all product specifications and accepts full responsibility for the suitability of the products ordered.
2. New Construction, Renovation & Large Project Terms
The following terms apply to all orders classified as new construction, renovation, or large-scale commercial projects. An order is generally considered a “Large Project” if it involves ten (50) or more units, a single order value exceeding $50,000, or is designated as such in a written quote or sales agreement.
2.1 Deposit Requirement
A non-refundable deposit of twenty-five percent (25%) of the total order value is required prior to Genuine Comfort placing any product order with the manufacturer or distributor. No product will be ordered, reserved, or allocated until the deposit is received and confirmed. The deposit serves as consideration for Genuine Comfort committing inventory and resources to the project.
2.2 Balance Payment Terms
The remaining balance of the order (seventy-five percent (75%) of the total order value) is due on Net 30 terms from the date of shipment, unless an alternative payment arrangement has been expressly agreed upon in writing by an authorized representative of Genuine Comfort prior to order placement.
2.3 Late Payments
For any past-due balance, Genuine Comfort reserves the right to charge interest at the greater of two percent (2%) per month or the maximum rate permitted by applicable law. Genuine Comfort further reserves the right to place a hold on future orders or withhold shipment of remaining project phases pending resolution of outstanding balances.
2.4 Order Changes & Cancellations
Once an order has been submitted to the manufacturer or distributor, changes to product specifications, quantities, or delivery locations may not be possible and are at the sole discretion of the supplier. Any approved changes may result in additional costs which will be passed through to the Buyer. Cancellation of a Large Project order after placement will result in forfeiture of the deposit in full, and Buyer may additionally be liable for any restocking, cancellation, or fulfillment fees imposed by the manufacturer or distributor.
3. Returns & Exchanges
Due to the specialized and technical nature of PTAC, VTAC, and commercial HVAC products, Genuine Comfort maintains a strict returns policy.
- Products may only be returned if they are completely unopened, in original factory-sealed packaging, and in resalable condition.
- Returns must be requested within thirty (30) days of the order ship date. Requests made after this period will not be accepted.
- Buyer is responsible for all return shipping costs. Genuine Comfort does not provide prepaid return labels unless the return is due to a confirmed shipping error on the part of Genuine Comfort.
- All approved returns are subject to a restocking fee of up to twenty percent (20%) of the product value, at the sole discretion of Genuine Comfort.
- Opened, installed, or used products are not eligible for return under any circumstances.
- Custom-configured, special-order, or manufacturer-allocated products are non-returnable and non-refundable.
It is the Buyer’s responsibility to ensure the correct product specifications are ordered prior to purchase. Genuine Comfort will not accept returns resulting from Buyer specification error, incorrect sizing, incompatible voltage, or change of mind.
4. Shipping & Risk of Loss
All orders ship FOB origin. Risk of loss transfers to Buyer upon delivery of the order to the carrier. Genuine Comfort has no further liability or responsibility for products once they have been transferred to the carrier. Buyer assumes all risk of loss, damage, or delay from that point forward.
It is the Buyer’s responsibility to inspect all shipments upon delivery and note any visible damage on the carrier’s delivery receipt before signing. Failure to note damage at time of delivery may limit Buyer’s ability to file a freight claim. Genuine Comfort will assist with freight claim documentation upon request but is not liable for carrier-caused damage.
5. Order Cancellation
Once an order is placed and submitted for fulfillment, cancellations are not permitted. If a cancellation is approved at the sole discretion of Genuine Comfort, a cancellation fee equal to the greater of $40.00 or five percent (5%) of the total order value will be assessed. If Buyer refuses delivery of a shipped order, Buyer will be charged the full cost of outbound and return shipping plus a restocking fee of twenty percent (20%) of the order value. Any remaining balance owed to Buyer after these deductions will be issued as store credit.
6. Warranty
Genuine Comfort does not offer any independent warranty on products sold. All warranty coverage is provided exclusively by the applicable manufacturer. Buyer’s sole recourse for any product defect is directly with the manufacturer under its warranty program. Genuine Comfort will reasonably assist Buyer in directing warranty claims to the appropriate manufacturer contact but assumes no responsibility or liability in connection with any warranty claim or outcome.
7. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, GENUINE COMFORT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED. GENUINE COMFORT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PURCHASING HVAC EQUIPMENT INVOLVES TECHNICAL DECISIONS. BUYER SHOULD CONSULT A QUALIFIED PROFESSIONAL BEFORE ORDERING. NOTHING ON GENUINECOMFORT.COM OR IN ANY SALES COMMUNICATION CONSTITUTES ENGINEERING ADVICE.
8. Limitation of Liability
Genuine Comfort’s maximum liability to Buyer for any claim arising from or related to any transaction shall be limited to and capped at the actual purchase price paid by Buyer for the specific products at issue. In no event shall Genuine Comfort be liable for incidental, consequential, special, punitive, or indirect damages, including without limitation lost profits, lost revenues, loss of use, or business interruption, even if Genuine Comfort has been advised of the possibility of such damages. This limitation applies regardless of the legal theory asserted.
9. Release of Liability & Indemnification
By placing an order, Buyer expressly agrees to release, defend, indemnify, and hold harmless Genuine Comfort, HC Commercial USA Inc., and their respective owners, officers, employees, and agents from and against any and all claims, actions, losses, damages, costs, fines, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to: (i) Buyer’s use of any product purchased from Genuine Comfort; (ii) Buyer’s installation or misuse of products; (iii) Buyer’s reliance on any product information or specification provided by Genuine Comfort; or (iv) any claim by a third party related to Buyer’s purchase or use of products.
Genuine Comfort is not an insurer. Buyer acknowledges that HVAC equipment involves inherent risks and that Buyer has independently assessed those risks prior to purchase.
10. Payment Terms & Security Interest
Unless otherwise agreed in writing, payment is due prior to shipment. Where Genuine Comfort has agreed to extended terms, payment must be received by the date specified on the applicable invoice or quote. Buyer hereby grants Genuine Comfort a security interest in all products purchased until payment in full is received. Genuine Comfort reserves the right to file a UCC-1 financing statement to perfect this interest. Past-due balances accrue interest at the greater of two percent (2%) per month or the maximum allowable rate under applicable law.
10. Product Warning – Refrigerant
Some PTAC and VTAC units may contain regulated refrigerants including HCFC-22 (R-22 / Monochlorodifluoromethane). Buyer is responsible for complying with all applicable federal, state, and local regulations regarding the purchase, use, handling, and disposal of equipment containing regulated refrigerants. Contact Genuine Comfort or the applicable manufacturer with any questions.
11. Intellectual Property
All content on GenuineComfort.com, including text, images, logos, and product descriptions, is the exclusive property of HC Commercial USA Inc. and is protected by applicable intellectual property laws. Buyer agrees not to reproduce, redistribute, or use such content without prior written consent. “Genuine Comfort” is a registered trademark of HC Commercial USA Inc.
12. Communications & Call Recording
By transacting with Genuine Comfort, Buyer authorizes Genuine Comfort to record and monitor telephone calls for quality assurance and training purposes. Buyer also consents to receive transactional and marketing communications via email. Buyer may opt out of marketing emails at any time by following the unsubscribe instructions in any such communication.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Any legal action arising from or related to these Terms or any transaction with Genuine Comfort must be filed exclusively in a court of competent jurisdiction located in Knox County, Tennessee. Buyer waives any objection to such venue. If Buyer files in another jurisdiction, Buyer agrees to reimburse Genuine Comfort for all costs incurred in transferring the action to Knox County.
Any dispute must be pursued on an individual basis. Buyer expressly waives any right to participate in any class action, consolidated proceeding, or representative action against Genuine Comfort.
Questions?
Contact our sales team at sales@genuinecomfort.com or call 833-782-2453. For project-specific terms and pricing, request a formal written quote from your Genuine Comfort sales representative.
HC Commercial USA Inc. | GenuineComfort.com | Knoxville, Tennessee