Terms and Conditions for HVAC and Plumbing Services
Last updated: June 18, 2024
Please read these terms and conditions carefully before using Our Service.
- Acknowledgment Welcome to Jensen’s Plumbing & Heating LLC (the Company), providing HVAC and Plumbing services. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
- Service Scope We provide installation, maintenance, and repair services for plumbing and heating, ventilation, and air conditioning systems. Our services are performed by qualified technicians adhering to industry standards.
- User Rights and Responsibilities Customers are responsible for providing safe and reasonable access to their premises for our technicians to perform the services. Customers must also ensure that their plumbing and HVAC systems are properly maintained and operated according to the manufacturer’s guidelines.
- Payment Terms Payment for services rendered is due upon completion unless otherwise agreed in writing. We accept various forms of payment, which will be detailed on the invoice.
- Cancellation and Refund Policy Customers may cancel scheduled services by providing notice at least 24 hours in advance. Refunds for prepaid services will be assessed on a case-by-case basis, considering the nature of the service and the reason for cancellation.
- Intellectual Property Rights All materials, documentation, and recommendations provided by our technicians are the intellectual property of the Company and are intended for the customer’s personal use only.
- Limitation of Liability The Company shall not be liable for any indirect, incidental, or consequential damages arising from the use of our services. Our liability is limited to the cost of the service provided.
Our liability shall be limited to the maximum extent permitted by law, and in no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the service.
We do not warrant that the services will meet your requirements or that the operation of the service will be uninterrupted or error-free. We are not liable for any damages to your property or equipment arising from the provision of our services unless caused by our gross negligence or willful misconduct.
This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
- Legal and Dispute Resolution Any disputes arising from these terms and conditions will be resolved through mediation, and if necessary, legal proceedings in accordance with the laws of the state in which the service was provided.
- Governing Law These terms and conditions are governed by the laws of the state in which the service is provided and the Company operates, without regard to its conflict of law provisions.
- Access and Operation Customers must provide free and timely access to areas and equipment for maintenance and allow the service provider to start and stop equipment as necessary.
- Agreement Price Conditions The agreement price is contingent upon the system being in a maintainable condition and may be adjusted annually to reflect increases in labor, material, and other costs.
- Taxes and Payment Terms Customers are responsible for all applicable taxes and must promptly pay invoices within the specified terms. Delinquent payments may result in service stoppage or agreement cancellation.
- Exclusions This agreement does not cover the following: repairs or replacements necessitated by misuse, abuse, or unauthorized alterations; work performed by other than our authorized technicians; consumable items such as filters, fuses, or batteries; and any equipment not explicitly listed in the service agreement. This agreement also excludes services in the event of a force majeure.
- Warranty All services performed under this agreement will be completed in a professional manner according to standard practices. Any parts replaced during the service will be covered by a manufacturer’s warranty or a 90-day warranty, whichever is longer.
- Extra Work Charges Services involving extra work will incur additional charges, either at a negotiated fixed price or on a time-and-material basis.
- Non-interference Clause Customers must permit only the service provider’s personnel or agent to perform the work included in the scope of the agreement.
- Force Majeure Neither party shall be liable for any failure to perform its obligations under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including without limitation, internet outages, communications outages, fire, flood, war, act of God, or any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency.
- Service Limitations The company reserves the right to refuse service in situations that would endanger the safety of our technicians or violate local, state, or federal regulations.
- Safety Data and Hazardous Substances The company is committed to maintaining a safe environment for all employees, customers, and the public. To this end, the company will comply with all applicable laws and regulations regarding the handling, storage, and disposal of hazardous substances. Customers are required to provide the company with all necessary Material Safety Data Sheets (MSDS) for any hazardous substances that will be present on-site during the provision of services. The company will take reasonable steps to ensure that its employees are informed and trained in the safe handling of these substances. In the event that asbestos or other hazardous substances are discovered on the customer’s premises, the company will take appropriate measures to comply with environmental and health and safety regulations. This may include the suspension of services until such substances are removed or rendered harmless.
The company will not be responsible for any hazardous conditions that were not disclosed by the customer prior to the commencement of services. It is the customer’s responsibility to ensure that their premises are free from hazardous substances that could pose a risk to the health and safety of the company’s employees or the public.
- Indemnification The customer agrees to indemnify, defend, and hold harmless the company, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by the customer or any other person accessing the service using the customer’s account. The company agrees to indemnify, defend, and hold harmless the customer from and against all claims, liabilities, damages, and costs arising from the company’s negligence, willful misconduct, or breach of this agreement. This indemnification will survive the termination of this agreement and will continue to provide protection against future claims or liabilities.
- Termination Either party may terminate this agreement with written notice if the other party breaches any material term and fails to cure within 30 days. Termination can occur if either party becomes insolvent, declares bankruptcy, or is unable to meet financial obligations. The agreement may also be terminated by mutual consent of both parties. Upon termination, all rights and obligations cease, except for sections that by their nature should survive, such as Indemnification. The terminating party will not be liable for damages resulting from lawful termination as per these terms.
- Indoor Air Quality Disclaimer The company disclaims all responsibility for the indoor air quality of the customer’s facility. The customer acknowledges that the company’s services do not include the assessment, monitoring, or improvement of indoor air quality. The customer is solely responsible for ensuring that the indoor air quality meets all applicable standards and regulations. The company shall not be held liable for any claims, damages, or losses arising from indoor air quality issues at the customer’s facility.
- Trouble Call Charges A trouble call charge may apply for any service call that results from user negligence or equipment misuse. The charge will be based on the current service rate and the nature of the problem.
- Changes to Terms and Conditions We reserve the right to modify these terms at any time. Your continued use of our services following any such changes constitutes your acceptance of the new terms.
- Contact InformationFor any questions or concerns regarding these terms and conditions, please contact us at:
By visiting this page on our website: www.jensensph.com
