Customer is responsible for providing water, gas, sewer, and electrical utilities, unless there is a written agreement stating otherwise. It is essential to have electricity and water available on the site. Customer agrees to grant Contractor and Contractor’s equipment access to the property. Customer is responsible for either removing or protecting any personal property at or surrounding the work site. Contractor is not liable for personal property damage, including but not limited to carpets, drapes, furniture, driveways, lawns, shrubs, etc. Customer will accurately identify and guarantee the property lines to Contractor.
WARRANTY; MAINTENANCE REQUIREMENT
- HVAC INSTALLATION – 10-year labor warranty for Goodman/Carrier/Mitsubishi/Trane/American Standard equipment. 12-year labor warranty for Daikin equipment. Other brands include a 3-year labor warranty.
Manufacturers recommend maintenance beginning the first year after installation. To qualify for extended labor warranty, Contractor requires maintenance beginning the third year after installation. Labor warranty may be extended to match the manufacturer’s warranty if Customer ensures that two (2) maintenance services per year are performed for the first three years by a properly licensed HVAC contractor. Labor warranty cannot exceed the manufacturer’s warranty. - PLUMBING WATER HEATERS AND WATER SOFTENERS INSTALLATION – Hybrid and heat pump water heaters come with a 10-year warranty from the manufacturer, and tank gas water heaters come with a 6-year warranty from the manufacturer. Contractor offers additional warranty options of 1, 6, or 10 years for labor for the gas water heater, 1 or 10 year labor warranty for hybrid and heat pump water heaters, and 1-year labor warranty for tankless water heaters. For gas models, if repairs within the labor warranty cannot be completed within 24 hours, the unit will be replaced with a new one free of charge, subject to manufacturer availability and timelines.
- SEWER LINE, MAIN WATER LINE, WATER LINE INSTALLATION/REPLACEMENT – 10 years warranty on labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
- ELECTRICAL PANEL INSTALLATION (INCLUDING SUB PANEL), ELECTRICAL VEHICLE CHARGER, REWIRING – 3 year warranty on labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
- REFRIGERATION EQUIPMENT INSTALLATION – 3 year warranty on labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
- OTHER INSTALLATIONS like a swamp cooler, kitchen equipment, wine cooler, wall heater, windows ac, etc. – 1 year warranty on labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
- REFRIGERATION AND HVAC REPAIR – 1-year warranty for labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
- ELECTRICAL AND PLUMBING REPAIRS AND SERVICES – 1-year warranty for labor, warranty for parts is provided in accordance with the manufacturer’s warranty. For warranties on repairs, please see the Service Description above.
- SOLAR: 25-year linear performance warranty; 15-year roof penetration warranty; 3-year warranty for workmanship. (These warranties apply to all types of solar panels installed by Contractor).
- CLEANING SERVICES: Cleaning services are not subject to warranty.
- EXTRA WORK AND CHANGE ORDERS: Customer may not require Contractor to perform extra or change order work without providing written authorization prior to the commencement of any work covered by the new change order (“Change Order”). A Change Order is not enforceable against Customer unless it also identifies all of the following in writing prior to the commencement of any work covered by the Change Order:
(1) the scope of the work encompassed by the order;
(2) the amount to be added or subtracted from the Contract; and
(3) the effect the order will have on the progress of payments or the completion date.
Contractor’s failure to comply with these requirements does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
Contractor shall promptly notify Customer of (a) subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as existing in the type of work provided for in this Agreement. Any expense incurred due to such conditions shall be paid for by Customer.
Should Customer, construction lender, or any public body or inspector direct any modification or addition to the work covered by this Agreement, the agreed-upon price shall be adjusted accordingly. The change in the price caused by such change shall be as agreed in writing.
- PLANS, SPECIFICATIONS, AND PERMITS: If plans and/or separate specifications are prepared for this job, they shall be attached to and become part of this Agreement. Contractor may assist Customer in obtaining all necessary permits for the project. Please note that if the permit issuer requires any additional work, it will be added to the project at the Customer’s discretion. This may result in a change to the total price.
- SUB CONTRACTORS: Contractor may subcontract portions of this work to properly licensed and qualified subcontractors.
- CLEAN-UP: Upon completion of the work, Contractor will remove from Customer’s property debris and surplus material created by its operation and leave the site in a neat and broom-clean condition.
- DELAY AND/OR INTERRUPTION OF SERVICES. In case of inability to obtain adequate supplies, materials, equipment or parts, or war, civil commotion, strikes, governmental regulations or restrictions, prohibitions or other regulations, labor disturbances, Acts of God, boycotts, obstructive action by labor organizations or other causes which are not under the control of Contractor, the provision of services under this Agreement may be delayed, modified or entirely suspended for the period of such occurrence, and Contractor shall not be responsible or liable in any way for any delay, modification or cessation of the same.
- FEES, TAXES AND ASSESSMENTS: Customer is responsible for covering all taxes, permits, fees, and assessments of any nature. Contractor may assist in the acquisition of all necessary building permits for the work, with the expenses solely borne by Customer. Upon Contractor’s request, Customer must promptly provide sufficient funds to obtain any required permits. Customer is responsible for all fees and charges imposed by public entities and utilities associated with sewers, storm drains, water service, school facilities, other utilities, hook-up charges, and similar expenses.
In the event of non-payment, Contractor may use the services of debt collectors. In such event, Customer shall be responsible for, in addition to the principal sum owed and the accrued interest, the cost of collection of all outstanding amounts due under this Agreement.
FEES, TAXES, AND ASSESSMENTS
Customer is responsible for all taxes, permits, fees, and assessments. Contractor may assist with acquiring permits, but Customer must provide funds when requested. Customer is responsible for all charges imposed by public entities and utilities.
Non-payment may result in debt collection actions. Customer is responsible for collections costs, interest, and fees.
COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal, state, county, and local regulations, including Nevada State Contractors Board regulations (NRS Chapter 624).
COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)
Contractor carries CGL insurance written by [insurance company]. You may contact the insurer at [phone] to verify coverage.
WORKERS’ COMPENSATION INSURANCE
Contractor carries Workers’ Compensation Insurance for all employees and will provide proof upon request.
CUSTOMER’S INSURANCE
Customer may, at their own expense, obtain builder’s risk or other protective insurance naming Contractor as additional insured. If the project is damaged by accident, disaster, or vandalism, work required to restore it shall be paid by Customer.
ARBITRATION OF DISPUTES — NEVADA
Any dispute arising out of this Agreement shall be resolved in the Nevada county where the work was performed, before one arbitrator licensed as a Contractor, Architect, Civil Engineer, or Mechanical Engineer.
Arbitration shall be administered by a mutually agreed-upon service.
Judgment on the award may be entered in any court with jurisdiction.
Either party may seek provisional remedies in a Nevada court.
ATTORNEYS’ FEES
The prevailing party in any suit or arbitration shall be entitled to reasonable attorney fees.
LIMITATIONS
No action arising from or relating to this Agreement may be brought more than two (2) years after completion or cessation of work.
RIGHT TO STOP WORK
If Customer fails to make timely payments, Contractor may stop work and keep the job idle until payment is received. Contractor may terminate the Agreement for non-payment; Customer will be liable for breach of contract.
RIGHT TO CURE
If Customer believes work is defective or delayed, they shall notify Contractor. Contractor shall begin curing the alleged issue within ten (10) days.
SCOPE OF AGREEMENT
Time is of the essence. No modification is valid unless written and signed by both parties. This Agreement constitutes the entire understanding between parties.
NEVADA MECHANIC’S LIEN NOTICE
Anyone who provides labor, materials, or equipment to improve your property and is not paid may record a Notice of Lien under Nevada law.
Even if you pay your Contractor in full, subcontractors or suppliers who remain unpaid may file a lien.
To protect yourself:
- Request a list of subcontractors and suppliers;
- Confirm payments are being made;
- Request lien waivers with each payment;
- Use joint checks when appropriate.
If a lien remains unpaid, your property may be subject to foreclosure.
More information:
Nevada State Contractors Board (NSCB)
https://www.nscb.nv.gov
NOTICE OF CANCELLATION
You may cancel this transaction, without penalty or obligation, within three (3) business days, if the contract was solicited or signed at your residence, under the Federal Cooling-Off Rule (16 CFR § 429).
If you cancel:
- Payments made will be returned within ten (10) days;
- Any property traded in will be returned;
- Goods delivered must be made available for pickup;
- If not picked up within twenty (20) days, you may keep or dispose of them.
Send cancellation to:
fusehvaclv@gmail.com or 420 Kelsford Dr, Las Vegas, NV, 89123
by midnight of the third business day following the transaction.