Terms of service

TERMS OF SERVICE FOR RESIDENTIAL AND COMMERCIAL HVAC SERVICES

FROM: Utah Mechanical Systems, LLC; Doing Business as, “Utah Mechanical Heating and Air Conditioning”

SUBJECT: Terms of Use, Conditions, and Service

1. Introduction:

Welcome to Utah Mechanical Heating and Air Conditioning ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our HVAC services. By hiring our services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

2. Definitions:

Blacklist: A list of customers who have violated the terms of service or otherwise have lost the privilege of doing business with us, resulting in the refusal of future service to them or any real or perceived associates. Being blacklisted includes denial of any new service requests and may involve notifying other contractors or service providers about the customer's behavior.

Haggling: Attempting to negotiate a lower price or obtain a discount through persistent bargaining beyond the standard pricing and discount policies set by the company.

Extorting: Illegally attempting to obtain discounts, free services, or other benefits from our HVAC company through threats, coercion, intimidation, or abuse of authority, including leveraging personal or professional influence inappropriately.

Harassment: Any repeated or unwelcome behavior that is threatening, intimidating, or abusive, including but not limited to verbal abuse, coercion, manipulation, or any actions that create a hostile environment.

Theft of Service: Obtaining or attempting to obtain services without proper compensation or through dishonest means, including actions such as haggling, extorting, or any form of abuse aimed at receiving services without full payment.

3. Services Provided:

We offer residential and commercial HVAC services including installation, maintenance, and repair of heating and air conditioning systems.

Our promise: Your satisfaction guaranteed! We pride ourselves on honesty and efficiency. We promise to never hide upsells, hide fees, or make dishonest recommendations. Our technicians enjoy troubleshooting and provide you with several options to deliver comfort cooling or heating for your unique situation. We will only make recommendations for repairs or system replacements if we feel it is justified. Our technicians will always be able to explain the reason behind our recommendations in a way that you can understand. We're here for you every step of the way. Our technicians will get your informed consent before moving forward with any suggested repairs or replacements and provide financing options to work with your budget. Our team promises to maintain clear and open communication links for every step of the service process. By trusting us with your cooling or heating needs you will be left feeling satisfied every time.

4. Diagnostic Fee:

Residential Applications: For all service calls, a diagnostic fee of $97 is required upfront. This fee covers the cost of dispatch, travel, inspecting, and diagnosing issues with your HVAC system. The diagnostic fee is a flat fee there will be no hidden charges or upsells. The diagnostic fee is non-refundable if we are able to provide the service. The diagnostic fee is applied to any repairs made or new system replacements. If no repairs or replacements are made after the diagnostic service is rendered the fee cannot be refunded. This fee covers the labor of the diagnostic service. If the fee is paid the service will be provided. In the rare event that we are unable to provide the diagnostic service the fee will be returned in full, hassle free. VIP Members please see your VIP Terms provided.

Commercial Applications: Due to the complexity of commercial spaces and systems the diagnostic fees will be billed by labor hours at the rate of $160 per hour for inspections and diagnostics. Full details and findings will be provided when the labor for diagnostic is paid. The diagnostic fee will be applied to any repairs if repairs are feasible and approved by the customer. The diagnostic charges will be due upon completion of the diagnostic service and applied to the final invoice for any repairs. Failure or refusal to pay for the diagnostic labor will result in a Theft of Services charge. Service contract participants please refer to your agreement for specific terms.

5. Deposits:

For repair, installation, or replacement jobs, a deposit of 50% of the total estimated cost or total equipment cost whichever is higher is required before any work commences. The deposit will be applied to the final invoice. The remaining balance is due upon completion of the repair job. This deposit covers the cost of equipment, tools, consumables, travel, labor, and scheduling.

6. Payment Terms:

a) Upfront Payments: The diagnostic fee must be paid before the diagnostic service is performed in residential applications. For other services, a 50% deposit or equipment charge is required upfront.

b) Final Payment: The remaining balance after the deposit is due immediately upon completion of the repair or replacement services.

c) Payment Methods: We accept PayPal, Venmo, CashApp, Zelle, Meta Pay, cash, check, and all major credit and debit cards. We also have several financing options available to include personal loans, HELOC, mortgage refinance and more. Processing fees apply to card transactions and financing.

d) Payment Plans and Financing: Applicable terms will be adhered to per the documents and agreements within those plans if made available.

e) Harassment Policy: Harassment, bullying, haggling, manipulation, or any other mental/emotional/verbal abuse tactic used to lower pricing or receive discounts, including threatening, extorting, coercing, bribing, or otherwise abusing our employees, will count as theft of service and will be pursued to the fullest extent of the law.

f) Returned Payments: Any payments made via check or other payment methods that are returned due to insufficient funds, or for any reason resulting in a bounced check or returned payment, will incur a fee of $160.

g) Net 30: Some commercial work will qualify for net 30 pay periods. The client will have 30 calendar days to pay invoices if agreed by both parties.

7. Cancellation and Rescheduling:

a. Cancellations: If you need to cancel a scheduled service, you must provide at least 24 hours’ notice. Cancellations made with less than 24 hours' notice may result in forfeiture of the diagnostic fee or deposit in part or in full. Depending on circumstances we may return up to 50% of the diagnostic fee. A portion of this fee may be retained to cover the costs of planning and scheduling.

b. Rescheduling: To reschedule an appointment, please contact us at least 24 hours in advance. We will make every effort to accommodate your new preferred date and time.

8. Failure to Pay Fee Schedule:

a) Initial Fee Doubling: Upon initial refusal or inability to pay the outstanding balance, the original fee will be doubled within 24 hours.

b) Daily Compounding Interest for First 30 Days: For the first 30 days following the initial refusal to pay, the outstanding balance will accrue interest at a daily compounded rate of 2%.

c) Annual Compounding Interest After 30 Days: After the initial 30 days, the outstanding balance, including the accumulated interest, will accrue interest at an annual percentage rate (APR) of 18%, compounded monthly.

d) Liens will typically be filed within the first 30 days of refusal or inability to pay. Even after the lien is filed, the amount owed will continue to accrue interest, fees, and charges until paid in full.

8. Failure to Pay for Services Rendered:

Failing to pay for services rendered or having payments reversed after a service is rendered will result in several consequences including, but not limited to, the following:

a. A lien being placed on your property.

b. Law enforcement involvement.

c. Blacklisting internally, in local community, and local contractor boards/forums.

d. Legal action and associated fees.

e. Interruptions to service.

f. Amount due will be doubled, with additional fees or fines applied, and a daily interest charge of 2% compounding daily for the first 30 days. After the initial 30 days, the outstanding balance, including the accumulated interest, will accrue interest at an annual percentage rate (APR) of 18%, compounded monthly.

g. Negative marks against your credit report.

h. Reports made to DOPL (for contractors)

Notification:

We will exhaust all contact methods to notify you of your overdue payment and attempt to collect the debt on a daily basis, starting from the payment due date until the payment is settled. This could include but is not limited to contact through email, social media profiles, phone, and/or property/billing address. Additionally, we reserve the right to contact friends, family, and associates to assist in the collection of the debt.

As of June 2024, in Utah, theft of service under $1,500 is a misdemeanor, and theft of service over $1,500 is a felony. Threatening, extorting, coercing, bribing, or otherwise abusing our employees to obtain discounts or credits will be considered theft of service and pursued to the fullest extent of the law.

9. Workmanship Warranty:

We provide a full coverage labor warranty on our repair services for a period of 365 days from the date of service. This warranty covers defects or discrepancies in workmanship. It does not cover issues arising from misuse, unauthorized alterations, or repairs done by others. Parts are warrantied through the manufacturer. We cannot warranty parts. We assist you in the process of filing for your warranty benefits if the need arises on a system we installed or are making repairs to. VIP Members please see your VIP Terms provided.

10. Limitation of Liability:

To the maximum extent permitted by law, Utah Mechanical Heating and Air Conditioning shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

a. Your use or inability to use our services.

11. Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

12. Changes to Terms:

We reserve the right to modify or replace these Terms at any time. If a revision is material and affects your service, we may provide notice of any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Utah Mechanical Heating and Air Conditioning

Contact Information: 801-200-6060 [email protected]

Utahmechanicalhvac.com

14. Agreement:

By agreeing to hiring our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Utah Mechanical Systems, LLC

License number 13502691-5501

Insurance ZR8141