Terms & Conditions
Hughes Mechanical INC.
Terms & Conditions
Last Update: November 15, 2014 NUMBER : PT-1021
The following are the terms and conditions for our services At Hughes Mechanical. Please read them carefully before using our service and products.
Any references to “you”, “your”, and “partner” refers to the entity subscribing to our Services hereunder (“Customer”). Each party agrees that any of its representatives, employees, or any person or entity acting on its behalf with respect to the provision of or use of the Service, shall be bound by, and shall abide by these Terms and Conditions.
You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.
By accepting our services, these Terms and Conditions, You; (a) agree to provide true, accurate, current and complete information in all material respects; and (b) agree to maintain and update this information to keep it true, accurate, current and complete in all material respects.
1. Price. I agree and acknowledge that the estimated price is an estimate only unless it is covered under the fixed rate pricing. I understand that once Hughes Mechanical, INC begins the work there may be additional work that must be completed outside of the scope listed in the proposal.
2. Ownership. I acknowledge that I am the owner of the Property and that I am current in all payments on any and all mortgages on the Property.
3. Warranty. I acknowledge that Hughes Mechanical, INC provides a 90 day warranty for the work that covers ONLY the costs of labor. This warranty supersedes any warranties provided under Colorado or federal law. The manufacturer of any supplies used provides the warranty for all supplies, if any. This warranty does not cover damages to any work performed by Hughes Mechanical, INC that is the result of an Act of God, including, but not limited to, damage caused by lightning, rain, flooding, wind, tornado, hail, or other storm, the result of a construction defects in the building, including, but not limited to, foundational issues, settlement issues, and support structure issues, or the result of damage caused by issues outside of the control of Hughes Mechanical, INC. I agree and acknowledge that it is my responsibility to contact the supply manufacturer for any and all warranty issues associated with the supplies used by Hughes Mechanical, INC.
4. Unforeseen Circumstances. I agree and acknowledge that due to the nature of construction, unforeseen circumstances, including, but not limited to, water damage, fire damage, pipe damage, and/or prior construction that violates current Code regulations, may exist which do not allow Hughes Mechanical, INC to perform the scope of work specified without completing additional tasks. I will be notified prior to any tasks being done that fall outside of the scope of work that will incur charges of more than 20% of the estimated price. Should the additional tasks be required to complete the scope of work and the parties cannot agree to the terms for the changes, I will pay the full cost of materials already ordered by Hughes Mechanical, INC and the cost of labor for any work already performed.
5. Landscaping. I agree that if an air conditioning unit is to be installed, I may be required to perform additional landscaping to ensure that the air conditioning unit is properly landscaped.
6. Environmental Hazards/Mold. I warrant and represent that to the best of my knowledge, my property does not contain any environmental hazards including, but not limited to, asbestos, lead, radon gas, and/or mold (“Environmental Hazards”). I acknowledge that Hughes Mechanical, INC will make no investigation to determine whether there are any Environmental Hazards on the property prior to starting a work and that should any Environmental Hazards be discovered by Hughes Mechanical, INC while completing work, it is my responsibility to remove any Environmental Hazards as required by law. I agree and acknowledge that I bare full financial responsibility to have any Environmental Hazards removed and that I may need to hire a third party to remove any environmental hazards and will be fully responsible for the payments due to that third party.
7. Payment. Unless otherwise agreed to in writing, payment is due upon completion of the scope of work. If payment is not made upon completion of work, I agree and acknowledge that any balance due may bear interest at the rate of 2% per month (24% per
8. Liens. I agree and acknowledge that if payment in full is not made upon completion of the scope of work, Hughes Mechanical, INC may file a lien against the Property for the full amount due, plus attorney fees and interest and any other amounts available by law.
9. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado. Jurisdiction shall be valid where the work is performed.
10.Attorney Fees. In the event that either party breaches any term of this Agreement, the prevailing party shall have the right to bring an action to enforce any of the terms or provisions of this Agreement and the prevailing party shall be awarded its reasonable attorney fees and costs incurred in bringing such action.
11. Returned Checks. I agree that there is a $50 return check fee for all check returned for insufficient funds and that I will pay all collection costs, including, but not limited to, attorney fees, court costs, and collection company costs for any funds not paid under this Agreement.
12.Credit Card Disputes. I agree that I will not dispute any credit card charge made by me. If I do dispute any charge, any amount due because of such dispute of charge will bear interest at the rate of 2% per month (24% per annum), plus collection and attorney fees.
13.Right of Rescission. I agree and acknowledge that unless new equipment is being installed, that the repair or replacement of pre-existing equipment is considered an emergency by me and that it is required to ensure the health, safety, and/or welfare of people in my household. Therefore, if I request work to be performed within three days of requesting a quote and the goods used to perform such work cannot be returned without being considered “used”. Further, I will be responsible for the full price of the goods and labor and I cannot rescind the request to perform the work in the case of an emergency. I agree and acknowledge that the work will be performed three days after my acceptance if I do not consider it an emergency unless I waive all rights to recession due to the work being an emergency.
14.Manufacturer Warranty. I agree and acknowledge that if new equipment is being installed at my property, it may be my responsibility to contact the manufacturer if required to increase the manufacturer’s warranty.
15.Taxes. I will be responsible for any taxes due on the labor or equipment installed by Hughes Mechanical, INC
16.Third Party Work. Any warranty supplied by Hughes Mechanical, INC shall be void if any third party, or owner of the property, performs any work on the equipment that is to be warrantied.