Terms & Conditions Outline
For the purpose of these terms and conditions, company Stevens Corporation dba H-VAC & Central Plumbing will hereby be referred to as “Seller”. Any and all individuals, companies, organizations, and contractors requesting services in any form will hereby be referred to as “Customer”.
Work Orders
All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. By accepting services in any form, Customer agrees to pay all associated costs with services performed. Seller is not responsible for any warranties associated with materials or parts. By accepting services, Customer consents to give access to the property to all applicable technicians and gives said technicians permission to service all necessary equipment relating to said service. In the event that a service cannot be completed due to circumstances relating to Customer, Customer agrees to pay any associated costs for the Sellers time on-site.
Invoices & Payment Terms
Any and all invoices shall be due upon completion of the described service work and/or materials unless customer and seller has agreed to alternative payment terms in writing.
For installation work, Customer shall pay seller according to the terms described on the proposal initially accepted by the customer. In the event that a downpayment is required, Customer understands no materials or work shall commence until specified downpayment is received in full. Final payment shall become due after the work described in the installation proposal has been substantially completed. Customer agrees that any parts warranty work required for the job installation is not considered a viable condition for payment to be withheld from seller.
Any payment not received within 30 days from the completion of work is subject to interest or late fee calculated at a rate of 3% monthly. Said interest or late fee shall accumulate monthly until invoice has been paid in full. If Customer contends that any invoice is incorrect, Customer must notify Seller within seven (7) business days after the receipt of said invoice. If Customer fails to notify Seller within the said time frame, Customer hereby forever waives the right to dispute the accuracy of the invoice and Sellers right in and to payment shall be absolute and unconditional and shall not be subject to any abatement, reduction, set-off, defense, counterclaim or recoupment for any reason, including, without limitation, any past, present, or future claims which Customer may have against Seller.
Collection Costs
Customer agrees to pay all expenses incurred by Seller relating to the collection of any delinquent accounts including, but not limited to, attorney fees, filing fees, and costs. Any and all disputes arising out of a sale shall be interpreted under the laws on the state in which the work was performed.
Changes in Work
During the progress of any work under this agreement, if Customer should order extra work, extra materials, extra equipment and/or equipment swaps and/or substitutions not included in the original work scope, Seller may require such extra work/materials/equipment to be considered an agreement separate and aside from the original agreement and may require payment for said extra work in advance. In the event that further repairs, installation work, or materials are discovered to be necessary in order to complete an original scope, Seller may require additional repairs, installation work, and materials to be deemed an additional cost at the Customers expense. In the event that additional work shall be deemed necessary to complete the original scope, seller shall be required to inform Customer of additional requirements within a reasonable time frame and shall not complete said additional work without customer approval.
Work Schedule
Work shall be completed within a reasonable time frame. Performance of this agreement is subject to labor strikes, fires, acts of war on terrorism, acts of god, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Sellers ability to obtain materials and/or equipment, and/or any cause beyond the Sellers control.
Substitutions
In the event the seller is unable to obtain any materials specified in a scope of work, agreement, or change order, the Seller shall have the right at their sole discretion to substitute comparable materials. Such substitution of materials shall not affect the contract or proposed price.
Excess Materials
Extra materials left over upon completion shall be deemed the Sellers property, Seller may enter upon a property’s premises to remove said excess materials at all reasonable hours.
Supervision Reponsibility
Seller shall supervise and direct the work at customers property, using reasonable skill and attention. Seller shall be solely responsible for construction means, methods, technique, sequences, and procedures for all work performed at Customers property. Customer shall not interfere with sellers work forces or Sellers subcontractors.
Installation Warranty
Seller shall provide customer with a limited warranty on service and labor for the duration set forth in the installation agreement. Said warranty shall begin on the date of completion of services and shall protect against defects in the quality of workmanship and/or installation of materials. Seller shall not be liable during or following the warranty period for any of the following: (a) travel time associated with out-of-town services; (b) damage due to ordinary war and tear or abusive use; (c) damage due to use of the equipment beyond the design temperatures (cooling set below recommended settings, for instance); (d) defects that are the result of characteristics common to the materials used; (e) loss, injury or damages caused in any way by the weather elements; (f) conditions resulting from condensation on, or expansion or contraction or, any materials; (g) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (h) air leaks arising from structural deficiencies within existing supply/return ducts or transitions.
Extended Warranties
If Customer opts for an extended labor warranty period exceeding one (1) year (if offered on proposal), Customer agrees to maintain a yearly service agreement with the installation company or provide necessary documentation of a maintenance agreement/services from an outside company for the entire duration of the warranty period and adhere to any and all conditions set forth by extended warranty provider; if Customers extended warranty has a deductible requirement for occurrences, Customer agrees to pay said deductible in full. Seller shall not be liable for warranty repairs during the warranty period in the absence of such yearly service agreement(s).
Customer is responsible for the transfer of the existing extended warranty to new customer/homeowner within 90 days of closing or according to the time frame set forth by customers extended warranty contract. Customer is responsible for paying equipment manufacture or third-party warranty company for any transfer of equipment warranty.
Seller is not responsible for any warranties provided by the manufacturer. Seller makes no warranty to customer regarding materials and/or equipment installed (other than a warranty of title), and Seller authorizes no third person or party to assume any warranty obligation or liability on the manufactures behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer set forth in the manufactures appliable warranty documents. In the event that the customer purchases an extended warranty to cover installed materials and/or equipment, Seller is not responsible for any denied claims from the extended warranty provider. If Customer purchases an extended warranty to cover installed materials and/or equipment, Customer is hereby responsible and agrees to maintain a yearly service agreement with the installation company or provide the necessary documentation of a maintenance agreement/services from an outside company for the entire duration of the warranty period and adhere to any and all conditions set forth by extended warranty provider; if Customers extended warranty has a deductible requirement for occurrences, Customer agrees to pay said deductible in full. Seller shall not be liable for warranty repairs during the warranty period in the absence of such yearly service agreement(s).
Performance & Condition of Existing Equipment
Seller is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.
Damages to Personal Property
Seller is not responsible for damage to Customer’s personal property left in or near the project area. In the event that damage to Customers property occurs outside the project area, Seller is not responsible for any damages to the Customers property that was caused from the result of pre-existing damage to property.
Risk of Loss
Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s property. Seller shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to Customer’s property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.
Performance
If Customer fails to perform any of Customer’s obligations herein or if seller, in good faith, believes that the prospect of payment or performance to be impaired, Seller may terminate the agreement between Seller and Customer after seven (7) days of written notice given to customer or otherwise outlined in said notice. Seller is to retain all mechanic’s lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys’ fees, and other charges due and unpaid.