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Underwood AC LLC Terms & conditions

HVAC SYSTEM REPLACEMENT AGREEMENT

1. Scope of Work

Contractor agrees to furnish labor, materials, equipment, and services necessary to complete the HVAC system replacement described in this Agreement and proposal.

Work includes only the items specifically listed in the proposal. Any work not expressly stated shall be considered additional work and may require a written change order and additional charges.

2. Equipment and Materials

Equipment shall be installed in accordance with manufacturer specifications, applicable building codes, and industry standards.

If the specified equipment becomes unavailable, Contractor reserves the right to substitute equipment of equal or greater quality and efficiency after notifying Customer.

3. Permits and Inspections

Contractor shall obtain all required permits unless otherwise stated in writing.

Customer agrees to provide access to the property for inspections and understands that final approval is subject to local jurisdiction requirements.

Contractor is not responsible for delays caused by permitting agencies, inspectors, utility companies, manufacturers, or circumstances beyond Contractor’s control.

4. Existing Conditions

Proposal pricing is based upon conditions visible and reasonably discoverable at the time of inspection.

If concealed, unsafe, or unforeseen conditions are discovered during installation, including but not limited to:

• Mold or microbial growth
• Asbestos-containing materials
• Structural deficiencies
• Electrical deficiencies
• Code violations
• Damaged ductwork
• Water damage
• Pest infestations

Contractor shall notify Customer and may issue a change order for additional work required to complete the project safely and in compliance with applicable codes.

5. Ductwork

Unless specifically stated in the proposal, existing ductwork is excluded from replacement and is assumed to be serviceable.

Contractor is not responsible for pre-existing airflow deficiencies, duct leakage, insulation deficiencies, improperly sized duct systems, or comfort issues resulting from existing ductwork conditions not included in the scope of work.

6. Electrical Requirements

Proposal assumes existing electrical service is adequate for the new equipment.

Any electrical upgrades required by code, utility provider, manufacturer requirements, or existing conditions shall be billed separately unless specifically included in the proposal.

7. Condensate Drainage

Contractor will connect to existing condensate drainage where feasible.

Contractor is not responsible for future drain line blockages, plumbing defects, or drainage issues caused by existing plumbing systems.

8. Customer Responsibilities

Customer shall:

• Provide clear access to all work areas
• Secure pets and personal belongings
• Ensure utilities are operational
• Provide access to electrical panels, attics, crawlspaces, and mechanical areas

Additional charges may apply if access restrictions create delays or additional labor requirements.

9. Change Orders

Any modification to the original scope of work must be approved in writing by Customer.

Additional work requested by Customer or required due to unforeseen conditions shall be billed at Contractor’s current rates.

10. Payment Terms

Payment is due according to the schedule outlined in the proposal.

Failure to make payment when due constitutes a material breach of this Agreement.

Contractor reserves the right to:

• Suspend work
• Withhold warranty service
• Recover collection costs
• Recover attorney’s fees and court costs where permitted by law

A service charge may be applied to overdue balances as permitted by applicable law.

11. Cancellation

Customer may cancel this Agreement within any applicable statutory cancellation period.

After expiration of any required cancellation period, Customer shall be responsible for costs incurred including:

• Permit fees
• Ordered equipment
• Special-order materials
• Labor performed
• Administrative costs

Custom or special-order equipment may not be refundable.

12. Limited Workmanship Warranty

Contractor warrants workmanship for a period of one (1) year from installation unless otherwise stated in writing.

This warranty does not cover:

• Normal wear and tear
• Abuse or neglect
• Acts of God
• Power surges
• Flooding
• Fire
• Corrosion
• Lack of maintenance
• Third-party repairs or modifications

Contractor’s liability under this warranty is limited to repair of defective workmanship.

13. Manufacturer Warranty

Equipment warranties are provided solely by the manufacturer.

Contractor makes no separate warranty regarding equipment performance beyond any written workmanship warranty provided herein.

Customer is responsible for maintaining equipment and complying with manufacturer registration requirements when applicable.

14. Maintenance Requirement

Manufacturer warranties and system performance may depend upon regular maintenance.

Contractor strongly recommends annual professional maintenance.

Failure to maintain equipment may affect warranty coverage provided by the manufacturer.

15. Limitation of Liability

Contractor shall not be liable for:

• Incidental damages
• Consequential damages
• Loss of use
• Loss of income
• Property damage caused by pre-existing conditions
• Mold-related claims
• Indoor air quality issues not specifically addressed in the scope of work

Contractor’s maximum liability shall not exceed the amount paid under this Agreement.

16. Force Majeure

Contractor shall not be liable for delays caused by events beyond its reasonable control, including but not limited to:

• Weather events
• Natural disasters
• Labor shortages
• Material shortages
• Manufacturer delays
• Utility interruptions
• Government actions

Completion dates are estimates and not guarantees.

17. Property Protection

Contractor will exercise reasonable care to protect Customer’s property during installation.

Customer acknowledges that minor cosmetic damage may occur when accessing concealed spaces including attics, crawlspaces, wall cavities, and ceilings.

Contractor shall not be responsible for repairing pre-existing damage.

18. Entire Agreement

This Agreement, proposal, and any approved change orders constitute the entire agreement between the parties.

No verbal statements or promises shall modify this Agreement unless made in writing and signed by both parties.

19. Governing Law

This Agreement shall be governed by the laws of the State of Florida.

Any legal action arising from this Agreement shall be brought in the county where Contractor’s principal office is located unless otherwise required by law.

20. Code Compliance and Required Upgrades

Proposal pricing is based upon conditions observed at the time of inspection and current code requirements reasonably identifiable before installation.

If local, state, federal, utility, manufacturer, or permitting authorities require additional work, materials, safety devices, electrical modifications, duct modifications, condensate protections, equipment clearances, or other upgrades not included in the original proposal, such work shall be considered additional work and may require a written change order and additional charges.

Customer acknowledges that code requirements may change between the time of proposal and installation.

21. Customer Refusal of Recommended Repairs or Upgrades

If Contractor identifies conditions that affect safety, code compliance, equipment operation, efficiency, reliability, manufacturer warranty compliance, or system performance and Customer declines recommended corrective work, Contractor shall not be responsible for resulting equipment failures, performance issues, comfort complaints, property damage, or warranty limitations arising from such refusal.

Contractor reserves the right to refuse installation when existing conditions create an unsafe condition or prevent compliance with applicable codes or manufacturer requirements.

22. HOA and Property Access Approvals

Customer is solely responsible for obtaining any homeowner association (HOA), condominium association, architectural review board, landlord, property management, or similar approvals required before installation.

Contractor shall not be liable for delays, fines, penalties, additional costs, or project interruptions resulting from Customer’s failure to obtain required approvals.

Additional trips, labor, or scheduling changes resulting from approval delays may be billed separately.

23. Financing and Third-Party Payment Providers

If Customer elects to utilize financing through a third-party lender, approval and funding remain subject to the lender’s terms and conditions.

Customer remains responsible for payment of all amounts due under this Agreement regardless of disputes between Customer and any financing provider.

If financing approval is withdrawn, canceled, charged back, rescinded, or otherwise unavailable after equipment has been ordered or installation has commenced, Customer shall remain responsible for all labor performed, equipment ordered, materials purchased, permit fees incurred, and any applicable cancellation charges.

24. Refrigerant and Equipment Availability

Contractor’s pricing is based upon equipment, refrigerant, and material costs in effect at the time of proposal.

If significant manufacturer price increases, refrigerant shortages, supply chain disruptions, tariff increases, government regulations, product discontinuations, or material shortages occur before installation, Contractor reserves the right to adjust pricing or substitute equivalent equipment after notifying Customer.

Contractor shall make reasonable efforts to maintain original pricing whenever possible.

25. Existing Refrigerant Lines

Unless specifically stated otherwise in the proposal, existing refrigerant piping may be reused when determined by Contractor to be suitable for continued service.

If existing refrigerant piping is found to be damaged, contaminated, improperly sized, inaccessible, non-compliant, or otherwise unsuitable, replacement shall be considered additional work subject to additional charges.

Contractor is not responsible for hidden defects in existing refrigerant piping concealed within walls, ceilings, slabs, or inaccessible areas.

26. Existing Equipment Removal

Contractor will remove and dispose of replaced HVAC equipment unless otherwise noted.

Contractor is not responsible for damage caused by deterioration, corrosion, structural weakness, or concealed conditions encountered during removal of existing equipment.

Equipment removed from the premises becomes the property of Contractor unless otherwise agreed in writing before installation begins.

27. Equipment Start-Up and System Performance

System performance is based upon equipment design specifications, manufacturer ratings, building construction, insulation levels, duct system performance, window conditions, occupancy patterns, thermostat settings, and outdoor weather conditions.

Contractor does not guarantee specific utility savings, operating costs, humidity levels, indoor temperatures, sound levels, or energy efficiency results beyond manufacturer-published ratings.

Customer acknowledges that HVAC systems are designed to maintain indoor conditions within reasonable operating parameters and not to achieve exact temperatures under all weather conditions.

28. Utility Rebates, Tax Credits, and Incentives

Contractor may assist Customer with documentation for available rebates, tax credits, or utility incentives; however, Contractor makes no guarantee regarding eligibility, approval, processing times, payment amounts, or availability of such programs.

Customer remains solely responsible for satisfying all requirements imposed by the applicable rebate, tax credit, or incentive program.

29. Mold, Indoor Air Quality, and Environmental Conditions

Contractor does not test for, identify, remediate, or guarantee elimination of mold, mildew, fungi, allergens, bacteria, viruses, volatile organic compounds, or other indoor air contaminants unless specifically contracted in writing.

Customer acknowledges that HVAC equipment alone cannot eliminate all indoor air quality concerns.

Contractor shall not be liable for claims relating to indoor air quality, mold growth, or environmental conditions not specifically addressed within the scope of work.

30. Photography and Documentation

Contractor may photograph equipment, work areas, installation progress, and completed work for quality control, warranty documentation, code compliance, training, marketing, or recordkeeping purposes.

Contractor agrees not to disclose Customer’s personal information in marketing materials without permission.

31. Right to Stop Work

Contractor reserves the right to suspend or terminate work if:

• Unsafe working conditions exist;
• Customer, occupants, or third parties interfere with work;
• Utilities necessary for installation are unavailable;
• Required permits or approvals are not obtained;
• Customer fails to make required payments; or
• Conditions exist that would require violation of manufacturer instructions, applicable codes, or safety standards.

Any resulting delays shall not constitute breach of contract by Contractor.

32. Attorney’s Fees and Collection Costs

In the event Contractor must pursue collection of unpaid amounts or enforce any provision of this Agreement, Customer agrees to pay all reasonable collection costs, attorney’s fees, court costs, expert witness fees, and related expenses to the fullest extent permitted by Florida law.

33. Electronic Signatures

Electronic signatures, electronic approvals, emailed authorizations, and electronically transmitted documents shall be deemed valid and enforceable to the same extent as original handwritten signatures.

34. Severability

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

35. Temporary Loss of Cooling During Installation

Customer acknowledges that replacement of HVAC equipment requires temporary interruption of cooling and heating services.

Contractor shall not be responsible for damages, discomfort, business interruption, spoilage, loss of income, hotel expenses, or other consequential losses resulting from temporary service interruptions during installation, permitting delays, inspection scheduling, utility interruptions, severe weather events, manufacturer delays, or circumstances beyond Contractor’s control.