SVL

Commercial HVAC

Terms and Conditions

CONTROLLING TERMS AND CONDITIONS

Schwab-Vollhaber-Lubratt, Inc. (“SVL”) is a manufacturer’s agent representing various suppliers. All sales and services by SVL are governed by these SVL standard terms and conditions (“Terms and Conditions”) and the terms and conditions of third party suppliers of products or services (“SVL Suppliers”) included in the sales and services offered by SVL. All terms and conditions proposed by any customer of SVL (“Customer”) are expressly rejected unless contained in a written document signed by an officer of SVL. Acceptance of an SVL proposal, submission of orders or receipt of products or services from SVL constitutes acceptance of all of the terms and conditions stated in these SVL Terms and Conditions and the terms and conditions of SVL Suppliers. In the event of conflict between these Terms and Conditions and any SVL Suppliers terms passed on to Customer, these Terms and Conditions take precedence.

PURCHASE PRICE, TAXES, AND PAYMENT TERMS.

  • Purchase Price and Taxes
    Quotations are valid for 30 calendar days from the date of quotation. Price quotations are subject to escalation policies of SVL and SVL may pass on additional costs from SVL Suppliers. Prices do not include sales, use, excise or similar taxes or any shipping, delivery or insurance costs, which are Customer’s responsibility and may be added to SVL invoices.
  • Payment Terms
    Except as otherwise stated in a document signed by SVL, payment of SVL invoices is due within 30 calendar days of the invoice date. Customer waives the right to assert offsets or counterclaims with respect to SVL invoices. Customer must promptly notify SVL of any disputed invoice prior to the payment due date otherwise the claim is waived. Any amounts not paid when due may be subject to a late payment fee computed daily at a rate equal to the lower of 1.5% per month or the highest rate permissible under applicable usury law. Credit terms are subject to review and adjustment by SVL’s credit department. Customer will be responsible for collection costs (including attorneys’ fees whether or not suit is commenced) incurred with respect to invoices not paid when due.

CANCELLATIONS AND DELAYS.

  • Cancellation
    Accepted orders may not be cancelled by Customer without written approval of SVL, which may be conditioned upon payment of cancellation fees and recovery of costs incurred.
  • Delays
    SVL will not be liable for any delays caused by suppliers. SVL and SVL Suppliers will not be liable for delays caused by riots, strikes, natural disasters, fires, lack of transportation, accidents, disease, government action, or any other contingency beyond their reasonable control.

SHIPMENT TERMS AND RISK OF LOSS

Except as otherwise stated in a document signed by SVL, all shipments will be made FOB origination (under the Uniform Commercial Code), and title to and all risk of loss concerning the product shall pass to Customer upon the delivery of the product to the carrier. Delivery dates are estimates only and the failure of SVL or SVL Supplier’s to meet the same will not be a breach. Delays in securing Customer’s approval of any matter will, at SVL’s discretion, extend the date of delivery. SVL reserves the right to ship prior to the quoted ship date or to ship and invoice in installments.

INSPECTION, ACCEPTANCE, AND RETURN OF PRODUCTS.

  • Inspection and Acceptance
    Customer shall promptly inspect all shipments after arrival and notify SVL in writing within 10 days of arrival of any shortages or nonconformity. Claim notices must be accompanied by reference to SVL’s bill of lading and factory order numbers. Customer agrees to provide pictures and other requested support for claims and allow SVL a reasonable opportunity to inspect products to enable SVL to verify the alleged shortage or nonconformity. Customer’s failure to timely notify SVL in writing of any alleged shortage or nonconformity constitutes a waiver of claims of such claims. Customer’s rejection of any product shall not shift risk of loss of such product until the product is returned to SVL, freight prepaid, pursuant to SVL’s written authorization. Any claims for damage or shortage in transit must be filed by Customer against the transportation company.
  • Return of Products
    Products may not be returned except as authorized by SVL. Returned product is subject to inspection. Authorized return products must be returned as directed by SVL. Customer is responsible for all handling and transportation costs.

PRODUCT CHANGES

In the interest of continuous product improvement, SVL and SVL Suppliers reserve the right to change specifications and/or design without incurring obligation.

LIMITED WARRANTY

SVL warrants to the initial purchaser for a period of 1 year after the shipment of the products that products of SVL’s manufacture to be free of defects in material and workmanship if properly installed, maintained, and operated under normal conditions, with competent supervision. Correction of such defects by repair or replacement, at SVL’s discretion, shall constitute fulfillment of all SVL obligations. Claimed defective products or parts must be returned pursuant to a material return authorization by SVL or SVL Supplier with transportation charges prepaid for inspection. SVL shall not be liable for loss, damage or expenses directly or indirectly arising from the use of its product or from any other cause. SVL assumes no liability for expenses or repairs performed by Customer or anyone other than SVL, unless agreed to in writing by SVL. (See SVL’s warranty certificate for additional 4 year warranty on compressorized products.) SVL Supplier warranties are as stated in the SVL Supplier provided documentation and given solely by the SVL Supplier.

Notwithstanding anything to the contrary, (a) SVL and SVL Suppliers make no warranty with respect to motors, switches, controls or accessories, inasmuch as they are warranted separately by their respective manufacturers, and (b) motors, belts, drives, and controls are warranted by their respective manufacturers and SVL and SVL Suppliers are not liable for field labor required for repair of such items at any time.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, SVL MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT SOLD HEREUNDER OR ADVICE PROVIDED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER MATTER. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF SVL HAS ANY AUTHORITY TO BIND SVL TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY EXCEPT AS STATED IN THESE TERMS AND CONDITIONS OR IN A WRITTEN DOCUMENT SIGNED BY AN OFFICER OF SVL.

LIMITATION OF LIABILITY

SVL SHALL HAVE NO LIABILITY TO ANY PERSON OR ENTITY FOR, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, FORESEEABLE BUSINESS LOSSES, LOSS OF PROFITS AND RELIANCE DAMAGES. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES SHALL SVL’S LIABILITY HEREUNDER FOR ANY CAUSE EXCEED THE PURCHASE PRICE PAID TO SLV BY CUSTOMER FOR THE PRODUCT IN RESPECT OF WHICH THE CLAIM IS MADE. No action may be brought by customer against SVL after 1 year from the date of delivery of the product or service, and Customer agrees that this provision shall be grounds for dismissal of any suit or claim asserted by Customer after such time.

INDEMNIFICATION

Customer shall indemnify (and at SVL’s option, defend) and hold SVL, its affiliates and their respective officers, directors, members, managers, insurers, representatives, agents and employees harmless from any and all claims, suits, demands, losses, liabilities, damages (including injury and death) and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising out of or relating to: (a) Customer’s or its agents provided specifications, design, parts or operations; (b) Customer’s use, misuse or disposal of the products supplied by SVL or SVL Suppliers; or (c) Customer’s non-compliance with any law.

CONFIDENTIALITY

All non-public, confidential or proprietary information provided by SVL to Customer is confidential, solely for the use in performing hereunder and may not be disclosed, used or copied unless authorized in advance by SVL in writing. Without limiting the foregoing, proposals and drawings are the sole property of and are disseminated by SVL to Customer only for the express use of Customer’s consideration of the products and services provided by SVL and are not to be disclosed by Customer to, or used by, any third party for any purpose unless authorized by SVL. Confidential Information shall not include information which Customer can demonstrate by written records: (a) is or becomes publicly known through no wrongful act on Customer’s part; (b) is known to Customer prior to receiving such information from SVL; (c) becomes known to Customer from a source other than SVL, without restriction and not in violation of SVL’s rights; or (d) is independently developed by Customer without reference to or use of the Confidential Information. Notwithstanding anything to the contrary, nothing herein shall prohibit Customer from disclosing Confidential Information pursuant to an order of a governmental or judicial authority, provided Customer shall (where legally permitted) provide prior notice to SVL to afford SVL reasonable opportunity to object to the disclosure or obtain a protective order, and Customer shall reasonably cooperate in such effort at SVL’s expense. This Section does not supersede any previous confidentiality agreements of SVL and Customer, but instead supplements any such prior agreements with the intent of providing each party with the maximum protection possible.

OTHER TERMS

SVL and SVL suppliers’ failure to object to the provisions contained in Customer’s purchase order or other communications shall not be deemed a waiver of these Terms and Conditions nor acceptance of such Customer provisions. All matters relating to or arising from dealings between SVL and Customer will be governed and controlled by the laws of the State of Minnesota, notwithstanding conflict of law provisions. Customer agrees to bring any claim, cause of action, suit or demand allegedly arising out of or related to the transactions between SVL and Customer exclusively in the state or federal courts located in Ramsey County, Minnesota. Customer irrevocably consents to jurisdiction in, and venue of such courts. CUSTOMER IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH DEALINGS WITH SVL.

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                      Jim Lubratt

                      President & Chief Executive Officer

                      Jim Lubratt has been president of SVL since 2006. He first joined the company as a sales engineer in 1992 and was made a partner in 2000. He holds a Bachelor of Science in mechanical engineering from Southern Methodist University and first entered the HVAC industry as a marketing engineer for a heat pump manufacturer in Texas.

                      In addition to his role at SVL, Jim is vice president of AQC Industries, LLC, a manufacturer of specialized underground ductwork systems. He is also an investor and board member for Hydromx, Inc., a manufacturer of heat transfer nanofluids, and Crotega, Inc., creators of personal and building security solutions.

                      Jim and his wife, Tracy, met in college and married in 1993. They have three children, two of whom have graduated college in Texas, while their youngest is attending Grand Canyon University in Arizona.

                      Outside of work, Jim places a priority on his faith, family, friends, and fitness. He enjoys helping people-supporting charities, time with his wife and kids, road-biking with friends and efforts to stay physically fit.

                      A message from Jim on the achievements of SVL

                      SVL started in February 1967 by Charlie Schwab and Craig Vollhaber. Schwab-Vollhaber, Inc. (as it was named at the time) steadily grew and, in 1985, welcomed Paul Lubratt as another partner, becoming Schwab-Vollhaber-Lubratt, Inc. SVL’s founders had the determination to build the most talented, customer-focused HVAC representative in the Midwest. Our original drive and passion still shape the company and culture to this day. The achievements of an organization are the results of the combined efforts of every individual. From humble beginnings, SVL founders paved the way to industry success with hard work and determination. “Today, SVL is strongly organized with great people to lead our industry forward as we are challenged with fast-paced changes to reduce our environmental impact,” says Jim. Now, 55+ years later, SVL is under the leadership of two new principals who share the same vision and drive that has propelled SVL throughout the years. Built on a foundation of integrity, Jim Lubratt, and Charlie Vollhaber strive to ensure opportunities for personal growth, improved work environment, and shared life enrichment. The achievements of our organization are the results of the combined efforts of every individual.

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                      Charlie Vollhaber

                      Executive Vice President & Officer

                      Charlie Vollhaber is a third-generation employee at SVL, as a grandson of company co-founder Craig Vollhaber and son of former CEO Todd Vollhaber. Charlie holds a Bachelor of Science in mechanical engineering and an MBA, both from the University of Minnesota. He became an outside salesman for SVL in 2013, was made a partner in 2019, and then executive vice president and officer in 2022.

                      He grew up playing sports, including football, basketball, golf, and track, and enjoys the competitive nature of the HVAC industry. “I like that no two days are ever the same as there are always questions to answer and problems to solve,” he says. “Most of all, I enjoy working with great people and coordinating together on challenging projects to achieve positive results together.”

                      Outside of work, Charlie enjoys spending time with his wife, Lesley, and their three boys. He’s also fond of golfing, traveling, and attending concerts and sporting events. One of his favorite quotes is from the book of Philippians: “Do nothing from selfish ambition or conceit, but in humility count other more significant than yourselves. Let each of you look not only to his own interests, but also to the interests of others.” Because HVAC and construction is such a team effort, he says, “this mindset helps to create positive results in a vast majority of situations.”

                      A message from Charlie on the culture of SVL

                      “At SVL, we strive to cultivate a unique culture that revolves around finding and empowering exceptional individuals. We believe in equipping our team members with the right tools and resources to succeed.

                      As we’ve grown the business, we have deliberately maintained a small firm culture, fostering an environment where collaboration thrives. We encourage open dialogue and promote a sense of comfort among our employees, allowing anyone to ask questions and seek guidance from anyone else, regardless of their level within the organization.

                      We foster a workshop-like atmosphere where everyone’s contribution is valued. Presenting your work to another individual or a group of teammates provides a platform for collaboration, where ideas are shared, dissected, and improved collectively. We firmly believe in the power of mentoring and provide various avenues for both formal and informal guidance. Whether it’s through structured training programs or casual conversations, we encourage team members to discuss a wide range of topics, from work-related successes or issues to everyday personal life topics.

                      In summary, our culture is built on the foundation of attracting exceptional individuals, empowering them with the necessary tools, and fostering a collaborative environment where mentorship and growth thrive. We are committed to creating an atmosphere where every team member feels supported, valued, and encouraged to reach their fullest potential.”

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                      Al Gramse

                      Vice President of SVL Service Corporation

                      Al Gramse has been in the HVAC industry for over 30 years. He began as a service technician.  Then over his career worked in technical support, building automation, then service manager prior to his current role.

                      How did Al end up in the HVAC industry?  “After high school, I took a couple years to figure out what I wanted to do.   Where I was working at the time, a grumpy old coworker, who I didn’t get along with, walked up to me and said ‘What are you doing here?  Go back to school.’”  I said, “For what?”  He said “There’s a tech school down the street.  Go down there and pick something that interests you”. Then he walked away.  That weird interaction, with someone I didn’t get along with, sent me down a 30-year path in the HVAC industry.   Never underestimate the potential of a little encouragement.   Even if it is from a strange source.

                      Al has been with SVL for 15 years and is the head of our SVL Service division. “The people here are some of the best in the industry,” Al says. “A bunch of team-oriented, knowledgeable, go-getters.” His personal mantra is “figure it out,” “Do a little fact-finding on your own. Use your own brain before you use someone else’s. But know when to ask for help.” he prescribes. “It’s amazing what you can accomplish on your own if you dig in a little bit.”

                      Outside of work, Al has lots of outdoor hobbies, including hunting, fishing, and motorcycling, though his favorite pastime is simply hanging out with family.

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                      Jennifer Roach

                      Director of Marketing, Events & Administration

                      More than just a creative director, Jen brings 30 years of marketing and leadership magic to SVL. Her journey began in the trenches of graphic design, quickly evolving into crafting eye-catching campaigns for iconic brands like Target, Gabberts, Gander Mountain and Camping World. As a seasoned director and agency veteran, she honed her skills with recreational vehicle giant Parts Unlimited before leading creative teams at HOM Furniture and, ultimately, landing at SVL during a crucial growth phase.

                      Jen thrives on "servant-leadership," empowering her team and fostering a culture of trust and mutual respect. "It unlocks their potential, fuels creativity, and leads to work we're all proud of," she says. "I want my team to care, collaborate, and push boundaries together."

                      When not shaping impactful campaigns, Jen enjoys weekend adventures with her husband, Scott, and son, Crew. Their lives are a tapestry of shared passions, from bike rides and baking experiments to cheering on Simley High School wrestlers. And with her recently built forever home in Cottage Grove, her free time now includes a new, thrilling chapter: weekend renovation warrior!

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