- Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during Contractor’s normal working hours.
- Contractor warrants labor on repair workmanship here under shall be free from defects for thirty (30) days from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer’s warranty will be at Customer’s expense and at the rates then in effect. New installs carry (1) labor warranty from date of start-up. Equipment warranty varies depending on manufacturers make and model
- Customer will promptly pay invoices within ten (10) days of receipt , unless otherwise agreed upon. Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. There will be 1% added to remainder of invoice every month past original due date.
- A 3% fee will be added to all invoices if paying with credit card/debit card, 1% ACH payment method, preferred method of payment is check or ACH
- Customer shall be responsible for all taxes applicable to the services and/or materials hereunder.
- Any alteration to, or deviation from, this Agreement involving extra work, cost of material or labor will become an extra charge (fixed-price amount or on a time-and-material basis at Contractor’s rates then in effect) over the sum stated in this Agreement.
- In the event Contractor must commence legal action in order to recover any amount payable under this Agreement, Customer shall pay Contractor all court costs and attorneys’ fees incurred by Contractor.
- Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work.
- Contractor shall not be liable for any delay, loss, damage, or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor’s employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control.
- To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by any active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by the negligence of Contractor.
- Customer shall make available to Contractor’s personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA’s Hazard Communication Standard Regulations.
- Contractor’s obligation under this proposal; and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes, or materials are encountered, Contractor’s sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes, or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.
- 50% down payment of approved estimate is required on all installs in order to schedule and order equipment, remaining 50% will be paid at time of completion of job (Residential Installs). No exceptions unless otherwise agreed upon.
- Commercial Installs/New Construction will require 50% downpayment to order and schedule installations, 25% payment upon rough in completion and final 25% upon completion of scope of work.
- Quote and prices for installs exclude any electrical work needed that falls under the jurisdiction of an EL01 electrical license. Elevated Mechanical LLC can sub out the work to an electrical contractor or it is up to the homeowner/tenant/building owner unless otherwise agreed upon.
- Elevated Mechanical LLC will not be held responsible for any existing issues with old equipment (if any) for example ducts/airflow related problems, electrical issues etc. that have not been brought to Elevated Mechanicals attention or having prior acknowledgment of.
17. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER’S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.