1. Acceptance & Scope
These Terms & Conditions ("Agreement") govern all quotes, proposals, work orders, service calls, and invoices issued by TempControl HVAC, LLC ("Contractor") to the Client. By signing a quote, approving work electronically, or allowing Contractor to begin work, Client agrees to be bound by this Agreement. Work performed is limited strictly to the scope described in the applicable quote or work order. Any work outside that scope requires a written Change Order signed by both parties prior to commencement.
2. Quotes & Pricing
All quotes are all-inclusive lump-sum prices unless itemized otherwise, and are valid for 30 days from the date issued. Equipment pricing and availability are subject to change due to supply chain conditions; quotes may be revised if not accepted within the validity window. Contractor reserves the right to correct clerical errors in quotes. Tax (where applicable) will be applied at the prevailing Kentucky state rate (currently 6%) and listed separately on the invoice.
3. Deposits & Payment
A deposit of 20% of the quoted price is required to schedule work and authorize equipment orders. The remaining balance is due upon completion of work (residential) or within 30 days of invoice date (commercial). Past-due balances accrue a service charge of 1.5% per month (18% APR) from the due date until paid in full. Returned or dishonored payments (check, ACH) incur a $35 returned-payment fee per occurrence. Contractor reserves the right to suspend work on any account with a past-due balance.
4. Change Orders
Any addition to, deletion from, or modification of the agreed scope of work must be documented in a written Change Order that states the revised price and schedule impact. Client's verbal or electronic authorization (email, text) to proceed with out-of-scope work constitutes acceptance of Contractor's standard labor and material rates and will be reflected on the final invoice.
5. Workmanship Warranty
Contractor warrants its labor and workmanship for a period of 1 year from the date of substantial completion. Equipment, parts, and materials supplied by Contractor carry the applicable manufacturer's warranty; Contractor will assist Client in submitting and administering manufacturer warranty claims but is not the manufacturer and does not extend or guarantee manufacturer warranty coverage. Warranty claims must be reported to Contractor in writing within the warranty period.
6. Warranty Exclusions
The workmanship warranty does not cover: (a) damage or failure caused by misuse, neglect, lack of routine maintenance, power surges, lightning, flooding, freezing, or other acts of nature; (b) work, repairs, or alterations performed by Client or any third party after Contractor's work was completed; (c) pre-existing conditions in ductwork, electrical systems, structural elements, refrigerant lines, or other building components unless expressly included in the written scope; (d) normal wear and tear or consumable parts (filters, batteries, UV bulbs); or (e) equipment failure covered under manufacturer's warranty but denied by the manufacturer for reasons outside Contractor's control.
7. Permits & Code Compliance
Where required by applicable federal, state, or local codes, permit costs are included in the quoted price unless listed as a separate line item. Contractor performs all work to code at the time of installation. If conditions discovered during work require additional work to meet code, Contractor will notify Client and issue a Change Order before proceeding.
8. Access & Site Conditions
Client shall provide safe, timely, and unobstructed access to all work areas, equipment, and utilities necessary to complete the job. Delays, rescheduling, or additional costs caused by lack of access, hazardous materials, interference by other trades, or unsafe site conditions are the responsibility of Client and may result in additional charges at Contractor's standard rates.
9. Insurance
Contractor maintains general liability insurance and workers' compensation coverage as required by Kentucky law. Certificates of insurance are available upon written request. Client is responsible for maintaining adequate homeowner's or commercial property insurance on the premises and equipment.
10. Cancellation & Deposits
Client may cancel scheduled work by providing written notice (email or text) to Contractor at least 48 hours before the scheduled start date. Cancellations with less than 48 hours' notice may incur a service/trip charge at Contractor's standard rate. If equipment has already been ordered prior to cancellation, the deposit is non-refundable, as equipment may be special-ordered and non-returnable.
11. Service & Maintenance Agreements
Commercial and residential maintenance agreements renew automatically per their individual terms unless either party provides written notice of cancellation at least 30 days prior to the renewal date. Pricing for renewable agreements is subject to adjustment annually with 30 days' written notice to Client.
12. Force Majeure
Contractor is not liable for delays or failure to perform caused by circumstances beyond its reasonable control, including acts of God, extreme weather, material shortages, supply chain disruptions, labor disputes, pandemic or public health orders, or government actions.
13. Limitation of Liability
Contractor's total liability to Client for any claim arising out of or related to this Agreement shall not exceed the total amount actually paid by Client for the specific work giving rise to the claim. In no event shall Contractor be liable for indirect, incidental, consequential, punitive, or special damages, including lost profits or loss of use.
14. Lien Rights
Contractor reserves all rights to file a mechanic's lien against the property for unpaid labor and materials in accordance with Kentucky Revised Statutes Chapter 376. Nothing in this Agreement constitutes a waiver of lien rights.
15. Electronic Acceptance
Client's electronic approval of a quote, email confirmation, text message authorization, or act of permitting work to begin constitutes a legally binding signature and acceptance of this Agreement in its entirety, with the same legal effect as a handwritten signature under Kentucky's Uniform Electronic Transactions Act (KRS Chapter 369).
16. Dispute Resolution
The parties agree to attempt to resolve any dispute through good-faith negotiation before pursuing legal remedies. If negotiation fails within 30 days, the parties agree to non-binding mediation in Fayette County, Kentucky. The prevailing party in any litigation shall be entitled to recover reasonable attorneys' fees and court costs.
17. Governing Law & Venue
This Agreement is governed by the laws of the Commonwealth of Kentucky. Any legal action shall be brought exclusively in the state or federal courts of Fayette County, Kentucky.
18. Severability & Entire Agreement
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement, together with the applicable quote or work order, constitutes the entire agreement between the parties regarding the subject matter hereof.
Contact
TempControl HVAC, LLC · 1009 Eastland Dr, Lexington, KY 40505 · (859) 552-4635 · matthew@tempcontrolky.com