Terms and Conditions for Fuse HVAC, Refrigeration, Electrical & Plumbing
- CUSTOMER’S RESPONSIBILITIES: Customer is responsible for providing water, gas, sewer, and electrical utilities, unless there is a written agreement stating otherwise. It is essential to have electricity and water available on the site. Customer agrees to grant Contractor and Contractor’s equipment access to the property. Customer is responsible for either removing or protecting any personal property at or surrounding the work site. Contractor is not liable for personal property damage, including but not limited to, carpets, drapes, furniture, driveways, lawns, shrubs, etc. Customer will accurately identify and guarantee the property lines to Contractor.
- WARRANTY; MAINTENANCE REQUIREMENT:
- INSTALLATIONS: For HVAC installation – 3-year warranty on labor. Warranty on HVAC equipment is up to 12 years and established and provided by the manufacturer — learn more on our website. Please note, the 3-year labor warranty can be extended and made equal in length to the equipment warranty if, over the course of 3 years of operation, the Customer ensures that their equipment receives minimum 2 seasonal maintenance visits per year from any California C20 licensed contractor.
- REPAIRS: For refrigeration and HVAC repair – 1-year limited warranty for workmanship. For electrical and plumbing repairs and services – 1-year warranty for labor, warranty for parts is provided in accordance with the manufacturer’s warranty. For warranties on plumbing and electrical, please see the Service Description above.
- SOLAR: 25-year linear performance warranty; 15-year roof penetration warranty; 3-year warranty for workmanship. (These warranties apply to all types of solar panels installed by Contractor).
- CLEANING SERVICES: Cleaning services are not subject to warranty.
- MAINTENANCE REQUIREMENT: Customer is responsible for maintaining the installed and/or repaired equipment in accordance with the manufacturer’s service requirements to ensure the validity of the Service Agreement. If a claim is filed, Contractor may require evidence of proper servicing by California C20 licensed contractor. Failure to adhere to the manufacturer’s instructions for equipment maintenance may result in denial of coverage under this Agreement.
- EXTRA WORK AND CHANGE ORDERS: Customer may not require Contractor to perform extra or change order work without providing written authorization prior to the commencement of any work covered by the new change order (“Change Order”). Change Order is not enforceable against Customer unless it also identifies all of the following in writing prior to the commencement of any work covered by the Change Order:
(1) the scope of the work encompassed by the order;
(2) the amount to be added or subtracted from the Contract; and
(3) the effect the order will have on the progress of payments or the completion date.
Contractor’s failure to comply with these requirements does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
Contractor shall promptly notify Customer of (a) subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as existing in the type of work provided for in this Agreement. Any expense incurred due to such conditions shall be paid for by Customer.
Should Customer, construction lender, or any public body or inspector direct any modification or addition to the work covered by this Agreement, the agreed upon price shall be adjusted accordingly. The change in the price caused by such change shall be as agreed in writing.
- PLANS, SPECIFICATIONS, AND PERMITS: If plans and/or separate specifications are prepared for this job, they shall be attached to and become part of this Agreement. Contractor may assist Customer in obtaining all necessary for the project permits. Please note that if the permit issuer requires any additional work, it will be added to the project at the Customer’s discretion. This may result in a change to the total price.
- SUB CONTRACTORS: Contractor may subcontract portions of this work to properly licensed and qualified subcontractors.
- CLEAN-UP: Upon completion of the work, Contractor will remove from Customer’s property debris and surplus material created by his operation and leave it in a neat and broom-clean condition.
- DELAY AND/OR INTERRUPTION OF SERVICES. In case of inability to obtain adequate supplies, materials, equipment or parts, or war, civil commotion, strikes, governmental regulations or restrictions, prohibitions or other regulations, strikes, labor disturbances, Acts of God, boycotts, obstructive action by labor organizations or other causes which are not under control of Contractor, the provision of services under this Agreement, may be delayed, modified or entirely suspended for the period of such occurrence, and Contractor shall not be responsible or liable in any way for any delay, modification or cessation of the same.
- FEES, TAXES AND ASSESSMENTS: Customer is responsible for covering all taxes, permits, fees, and assessments of any nature. Contractor may assist in the acquisition of all necessary building permits for the work, with the expenses solely borne by Customer. Upon Contractor’s requests, Customer must promptly provide sufficient funds to obtain any required permits. Customer is responsible for all fees and charges imposed by public entities and utilities associated with sewers, storm drains, water service, school facilities, other utilities, hook-up charges, and similar expenses.
If the event of non-payment, Contractor may use services of debt collectors. In this event, Customer shall be responsible for, in addition to the principal sum owed, and the accrued interest, the cost of collection of all outstanding amounts due under this Agreement.
- COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state, county and local laws, ordinances, and regulations.
- COMMERCIAL GENERAL LIABILITY INSURANCE (CGL): Contractor carries commercial general liability insurance written by [name of insurance company]. You may call [name of insurance company] at [phone number] to check the Contractor’s insurance coverage.
- WORKERS’ COMPENSATION INSURANCE: Contractor shall carry Workers’ Compensation Insurance on all his employees and shall furnish Customer satisfactory evidence upon request.
- CUTOMER’S INSURANCE: Customer may procure, at his/her sole expense and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached, such insurance to be a sum at least equal to the contract price with loss, if any payable to any beneficiary under the deed of trust covering the project, such insurance to name Contractor and his subcontractors as additional insureds, and to protect Customer, Contractor and his subcontractors and construction lender as their interests may appear; should Customer fail to do so, Contractor may procure such insurance as agent for and at the expense of Customer, but is not required to do so. If the project is destroyed or damaged by an accident, disaster, or calamity, such as fire, storm, earthquake, or by theft or vandalism, any work done by contractor in rebuilding or restoring the project shall be paid for by Customer.
- ARBITRATION OF DISPUTES: Any dispute, claim or controversy arising out of or relating to this Agreement or the performance, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Santa Clara, California, before one arbitrator who shall hold an active license as either a Contractor, Architect, Civil or Mechanical Engineer in the State of California. At the option of the first to commence arbitration, the arbitration shall be administered either by ADR SERVICES INC. pursuant to its Comprehensive Arbitration Rules and Procedures, or by an arbitrator mutually agreed upon by the parties. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- ATTORNEYS FEES: In the event it shall become necessary to bring suit in connection with any of the provisions of this Agreement, the prevailing party shall be paid such sum as the Court may adjudge as reasonable attorney fees.
- LIMITATIONS: No action of any character arising from or related to this Agreement, or the performance thereof, shall be commenced by either party against the other more than two (2) years after completion or cessation of work under this Agreement.
- RIGHT TO STOP WORK: Contractor shall have the right to stop work if any payment is not timely made to Contractor under this Agreement. Contractor may keep the job idle until all payments due are received. Furthermore, Contractor may at his option terminate this Agreement and Customer shall be liable to Contractor for breach of contract.
- RIGHT TO CURE: In the event that Customer alleges that some of the work is not or has not been done correctly or timely, Customer shall give Contractor a notice that Contractor shall commence to cure the condition that Customer has alleged is insufficient within ten (10) days.
- SCOPE OF AGREEMENT: Time is of the essence with respect to the completion of the work by Contractor. No modification or waiver of this Agreement shall be valid unless in writing and signed by the parties. Waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other provisions of this Agreement. This writing constitutes the entire agreement, and neither party is bound by any representation, warranty, promise, statement, or information, unless it is specifically set forth herein. Paragraph headings do not in any manner affect the scope or meaning or intent of its provisions. If a part of this Agreement is held to be indefinite, uncertain, or unenforceable, such determination shall not invalidate any other part of this Agreement. This Agreement in all respects shall bind and inure to the benefits of the heirs, executors, administrators, successors and assigns of the parties.
MECHANICS LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.
To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if they are not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices.
You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when the suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.
For other ways to prevent liens, visit CSLB’s internet website at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).
REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice or face the forced sale of your home to pay what you owe.
RELEASE FROM CLAIM OR MECHANICS LIEN FOR WORK THAT HAS BEEN PAID FOR. Upon satisfactory payment being made for any portion of the work performed, the Contractor shall, prior to any further payment being made, furnish to Customer a full and unconditional release from any potential lien claimant or mechanics lien authorized pursuant to Sections 9400 and 9404 of the Civil Code for that portion of the work for which payment has been made.
NOTICE OF CANCELLATION
You may cancel this transaction, without any penalty or obligation, within three (3) business days [or 7 business days for repair or restoration of residential premises damaged by sudden or catastrophic event for which local, state, or federal state of emergency has been declared] from the date of the transaction. If one or more maintenance has been completed, you are responsible for $199 fee for each maintenance performed prior to cancelation.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten (10) days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within twenty (20) days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction mail or deliver a signed and dated copy of this cancellation notice, or any other written notice to: email@example.com or Fuse Service Inc. at 3314 Victor Court, Santa Clara, CA 95054 not later than midnight of three days following transaction date.