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TERMS and conditions OF SERVICE

Terms and Conditions of Service

Last Updated: 02/21/2024

These Terms and Conditions constitute the agreement governing transactions between R&C Heating and Cooling Service, Cal. Contractor’s Lic. No. 1101808, and any purchaser ("Purchaser") availing construction, installation, or service work. They prevail over other contracts or documents, and any conflict defers to these Terms and Conditions. R&C Heating and Cooling Service retains the right to withdraw proposals before Purchaser acceptance or if not approved by a duly appointed officer.

 

Price and Payment:

Prices quoted are valid for 30 days. Purchaser agrees to pay invoices timely. Full payment is due upon work completion. Commercial projects may submit payment within 15 days if a credit application is approved. R&C Heating and Cooling Service reserves the right to demand Cash On Delivery or immediate payment for equipment. Interest, penalties, and attorney fees apply to overdue payments.

 

Mechanics Lien Warning:

Unpaid subcontractors or suppliers may file mechanics liens, affecting property. Preliminary Notices are issued, signaling potential liens. Purchaser is advised to protect against liens by obtaining a list of subcontractors and suppliers, waiting 20 days, and considering joint checks.

 

CSLB Information:

Purchaser is encouraged to verify licensed contractors with the Contractors’ State License Board (CSLB). Complaints against licensed contractors within four years are investigable. Unlicensed contractors may leave Purchaser without CSLB recourse.

 

Personal Liability:

The individual signing this Agreement is personally liable for all owed amounts. Affiliates are jointly liable. Purchaser consents to R&C Heating and Cooling Service's security interest in equipment until full payment.

 

Title to Equipment:

Title to equipment remains with R&C Heating and Cooling Service until full payment. R&C Heating and Cooling Service retains a security interest and has the right to enter premises for material removal in case of non-payment.

 

Security:

R&C Heating and Cooling Service may file public notices as evidence of a security interest in equipment. Purchaser acknowledges and consents to this security interest.

 

Scope, Changes, and Substitutions:

R&C Heating and Cooling Service performs work as agreed. Purchaser assumes liability for choices. R&C Heating and Cooling Service may make substitutions with equal items. Changes require written agreement. Failure to pay for changes may lead to termination.

 

Insurance:

R&C Heating and Cooling Service maintains general liability insurance. A certificate of insurance can be provided upon request.

 

Access to the Property:

Purchaser grants R&C Heating and Cooling Service unhindered entry for material delivery, tool collection, and work performance.

 

Termination:

R&C Heating and Cooling Service may terminate for cause, including non-payment. In case of termination, R&C Heating and Cooling Service is entitled to the value of services, administrative costs, and lost profit or benefit of the bargain damages.

 

Site Conditions:

Bid assumptions include suitable conditions. Variances require additional payment. Delays or changes by Purchaser may incur additional costs.

 

Warranties:

Implied warranties are waived. Labor is warranted for 365 days. Materials and equipment are covered by manufacturers or suppliers. No warranties apply until full payment.

 

No Consequential Damages or Damages for Delays:

R&C Heating and Cooling Service is not responsible for delay-related damages or consequential damages.

 

Right to Cancel:

Purchaser has the right to cancel within three business days (seniors within five business days) by providing written notice. Returned goods must be in good condition. Failure to pick up returned goods within 20 days releases Purchaser from further obligation.

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