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Terms and Conditions

General Terms & Conditions

Griffin Home Services, LLC, a Florida LLC, dba Griffin Services, its agents, employees, and independent contractors (the “company”) and the homeowner or business owner, or agent(s) of same (the “owner”) agree to the following terms and conditions:

  1. Entire Agreement – The are no promises, terms, conditions, obligations, etc other than those contained within the written invoice, proposal, or contract. These terms & conditions supersede all prior communications, representations, agreements, etc, either verbal or written, between the parties hereto, and no change, modification, termination, attempted waiver, etc of any of the provisions of these terms & conditions shall be binding unless reduced to writing and signed by both parties.
  2. Authority – By agreeing to these terms & conditions, owner agrees & acknowledges that they have absolute and specific authority to order the described work by the company, which has been satisfactorily performed. 
  3. Scope of Work – Only the equipment, parts, materials, work, tasks, warranties, etc specifically described in writing and signed by both parties is included. No informed or implied work is included. Owner retains right to make changes to or alterations to the scope of work, but if in the sole opinion of the company, such changes affect scope of work or costs, company shall have right to make appropriate changes in scope to compensate, charge additional sums, or both. 
  4. Payment – The invoice to the owner is agreed & acknowledged, with payment due upon presentation, without any grace period. If the total invoice is not paid within 10-days of presentation, the company may charge either 18% or up to the maximum legally allowable per annum, whichever is greater, interest rate on the total amount due. Payment in full is required to qualify for any warranty or receive warranty service. Late or delinquent payments may result in company suspending rendering services and/or forfeiture of any company warranty, without penalty. Unpaid invoices are potentially also subjected to property or mechanics lien, theft of service filed at local police department, civil court, and reporting to all national collection/credit agencies & IRS; notice is provided herein by this reference. If any owner check is returned for non-sufficient funds, owner expressly authorizes their account to be electronically debited or bank draft credited for the amount of the check plus additional fees.
  5. Financing – Owner agrees to sign all required institutional financing documents as requested by the company to ensure prompt, timely payment to company for all services rendered. If owner has secured institutional financing for the work, they shall request that the institution issue payments directly to the company, or two-party payable to owner and company. Non-funding by any institution doesn’t relieve owner obligation under payment terms & conditions hereunder.
  6.  Customer Accounts – Owner may set up charge account with company for billing purposes. Commercial accounts must include a signed credit application, and shall be subject to credit limits and 30-days maximum account aging. Residential accounts must have valid credit card on file, which will be automatically processed when services are rendered. 
  7. Insurance – Owner shall carry fire, tornado, flood, and other necessary insurance for owner’s property. Risk of loss shall pass to the owner upon delivery of materials & equipment to the jobsite. Company shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once on the jobsite. Company shall carry required insurance, including workman’s compensation; certificate available upon request by owner.
  8. Repair Costs – Company provides service and repairs on a flat rate, not time & material basis. Assessment fees are not included in the flat rate quoted prices. Work will be budgeted upfront for approval before proceeding with any work to restore operations. Possible other or additional repairs may arise in the future that are not related and/or separate from any prescribed work. Unless specified differently in writing, repairs include a 12-month warranty on parts, and 60-day warranty on labor. Any water leak, blockage, freezing, or other malfunction of condensate or drain lines carry no warranty. Company will not provide an itemized breakdown of costs for flat rate work.
  9. Acceptance – Use of any equipment or services furnished for its intended purpose, including HVAC for heating or cooling, HWH for water heating, Generators for power, etc, shall constitute owner’s satisfactory acceptance of work. Any claims must be made within 48-hours of the work. Work is non-refundable, and all sales are considered final.
  10. Work Hours – All work by company shall be performed during our regular working hours. Warranty work at no additional charge will be performed Monday-Friday, excluding holidays, from 9am-4pm due to manufacturer’s hours of operation. Work performed outside of these hours will not fall under any warranty, and be subject to any applicable fees, charges, etc.
  11. Manufacturer Warranty – The manufacture of any part or equipment provided by the company determines all warranty matters. Any manufacturer warranty shall apply only to manufacturer defects. Company is not liable, in any manner, for warranty related disputes, nor responsible for any warranties provided by the manufacturer.
  12. Limited Warranty – Company shall provide the owner with a limited warranty for a duration set forth in the invoice, proposal, contract, etc. beginning on the date of start-up., against defects in the quality of workmanship and/or materials. Company shall not be liable during or following the warranty period for any: (a) damage due to ordinary wear & tear or abusive us, (b) damage due to use beyond the design, (c) defects that are the result of characteristics common to the materials used, (d) loss, injury, or damages caused in any way by the weather elements, (e) conditions resulting from condensation on, or expansion or contraction of any materials, (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines, (g) air leaks arising from structural deficiencies within existing supply/return ducts, transitions. The limited warranty is in lieu of all other warranties, statutory or otherwise, express or implied, all representations made by company, and all other obligations or liabilities respective of work provided at the jobsite. Unauthorized service, repairs, or modifications by anyone other than company shall void company warranty entirely. Warranty service calls do incur assessment charges. Warranty calls due to improper equipment supplies such as lack of power or fuel, are excluded. Unless specified differently, installs include a 12-month labor warranty from date of start-up.
  13. Maintenance – Owner shall be responsible for their own air filters, condensate drain , etc. routine and/or seasonal tasks. To prevent coils from getting fouled, pleated filters should be replaced 2x/year minimum; some jobsites may require more frequently. To prevent drain failures, owner should flush/clear the drain line on an as-needed basis, with white vinegar, shop-vac, etc. . A valid warranty requires seasonal maintenance as prescribed & performed by the company, which may be an additional charge, depending on written scope of work inclusions.
  14. Inspections – Owner agrees to cooperate with company and any local inspector to inspect any required work. Owner agrees to provide access to jobsite, rooftops, attic spaces, and any other requested by the inspector. If inspection so requires, owner agrees to pay company $199 to standby and meet inspector for access, etc. Owner agrees to pay inspection-related expenses, including but not limited to, reinspection fees, renewal fees, and anything due to failure because of “no-show” or failing to cooperate with the inspector or inspection process. Any costs for work not included in the written scope of work, but required by lawful authorities to bring work into compliance with applicable codes or inspector requests, shall be the responsibility of the owner. Company assume no liability for violation of zoning rules/laws.
  15. Damages – Under no circumstances shall the company be liable to the owner for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from any work. Owner shall hold harmless company against any claim or demand, including all costs, expenses, liabilities, fees, costs, etc associated therewith, whether or not well founded, arising from any water, mold and/or microbial claims related to any work or use of equipment, materials, etc provided. Owner agrees to look first to their insurance coverage as it relates o any and all claims whatsoever. Company will perform its work with ordinary care. In consideration of work performed by company and an express condition hereof, owner expressly waives and relinquishes any and all claims against company, except those arising from gross negligence or willful misconduct of company. Company is not responsible for damage to owner’s personal property left in or near the work area.
  16. Title – It is agreed that company shall retain all rights, title, interests, etc to any equipment, materials, good, products, etc that may have been furnished until final payment has been  made. All equipment, etc shall remain company property as it relates to payment status, and may be removed at our sole discretion, including equipment that has been placed into service/use. Company may uninstall any equipment, materials, etc used and a replevin action may be initiated, and any deposits shall be forfeited.
  17. Materials – Company shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the price. Extra materials left over upon completion shall be deemed company property, and company may reenter owner jobsite to remove said materials.
  18. Existing Equipment – Company is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, electrical, plumbing or piping, etc that is not replaced as part of the scope of work and that the owner agrees to keep in place. If any existing mechanical or electrical component, either directly or indirectly, fails to start or operate properly, or any concealed conditions that result in additional work, as determined solely by us, will be repaired, restored, or replaced for an additional charge. 
  19. Existing Ductwork – Changing equipment without addressing ductwork can lead to systems not working properly, resulting in premature failure, water damage, microbial growth issues, etc. Owner holds company harmless for problems resulting from equipment changes without replacing the duct system. Company and equipment manufacturers recommend that only matched system be installed, and that ductwork be retrofitted or replaced to bring up to current standards.
  20. Existing Line Set – Company is not responsible for any problems due to the existing line set, which may require additional repair or replacement for an additional cost to the owner in the event we are unable to successfully pass a leak test on an existing line set. Should owner reject company’s recommendation to upgrade a line set, limited warranty shall exclude any/all line set or refrigerant charge, etc related work. A leak check is recommended and necessary when a system is low on refrigerant; no warranty on refrigerant charging without leak test and repair.
  21. Existing Fuel Line – Company is not responsible for the size or condition of any existing fuel line, regulator, supply, etc that is not specifically included and accessible in our written scope of work. Owner is responsible for any additional costs if pressure testing is required to identify leaks, plus any required repairs.
  22. Existing attic stairs – In the event that owner’s existing stairs cannot be safely utilized, an alternate method or access may be required. Company is not responsible for (a) replacement or repair of attic stairs, (b) any property damage resulting from replacement or repair of attic stairs. 
  23. Existing Electrical – Circuit breakers may need to be changed to match specific equipment specs. Company will notify the owner of the correct size, so they can arrange an upgrade if required. 
  24. Work Outside of Licensing – Work may be required for which company is not properly licensed, insured, or capable of completing specific work that may be necessary or required to be done by others, including but not limited to structural, electrical, carpentry, construction, etc. Company shall not be liable for any damages incurred due to the inability of the building structure to properly support the equipment, or for expense incurred in the removing, replacing, or refurbishing any part of the building structure.
  25. Cutting, Patching, Painting – Company is not responsible for any painting, patching, or repair work that may be required following any work. Due to new efficiency requirements, often equipment is larger than existing, and may require modifications to the jobsite, including, but not limited to drywall, carpentry, access, etc.
  26. Design Conditions – All equipment is designed according to 1% standard design temperature for the specific geo-area. Cooling typically 90-94F. Heating typically 32-37F. Normal indoor thermostat design per energy code guidelines 76F cooling and 70F heating. Company is not responsible for cooling or heating beyond the standard design temperatures, high humidity levels, system reaching dew point, ductwork sweating, etc. Company is not responsible for any issues due to improper information at the time of consultation. If the owner specifies or requests specific size system(s), they shall be responsible for problems caused by over-sizing, including, without limitation, short cycling, humidity control, mold/microbial growth, or under-sizing, including but not limited to inability to heat or cool within standard design conditions.
  27. Hazardous Substances – Company shall not be liable for the identification, detection, abatement, encapsulation, storage, removal, or transportation of any regulated or hazardous substances. Such substances may include, but are not limited to asbestos, certain refrigerants, mold or microbials, etc. Should company become aware of or suspect hazardous materials, we shall have the right to stop work in the affected area. Owner assumes all liability for hazardous wastes, including disposal of same, even when removed from equipment or replaced by company as part of work.
  28. Non-Disparagement – During the course of work and thereafter, owner agrees to make no false allegations about the company, which is intended or would reasonably be expected to harm the company, its reputation, or would which would reasonably be expected to lead to unwanted or unfavorable publicity to the company, including but not limited to negative online reviews, BBB complaints, social media posts, etc by owner or any related parties on their behalf. It is mutually agreed that if any false disparagement were to occur, it would be difficult to determine actual damages, so it is further agreed that $10,000 liquidated damages is fair and reasonable, and should be awarded, and would not act as a penalty.
  29. Rebates & Incentives – Any potential rebates, tac credits, or other incentives, without exception, will not and cannot be applied towards any balance due. Also, programs are subject to change and funding without notice, and company is not an administrator, provider, originator, etc and are not liable for any rebates or incentives. Eligibility, funding, etc for each incentive is subject to qualification, rules, and acceptance by the provider of any such incentive. Acceptance of any company work is not contingent upon qualification or receipt of any rebates or incentives.
  30. Force Majeure – Every attempt will be made to complete work in a timely manner, but company has no control over equipment availability or delivery. Further, company shall not be liable for damage, loss, or delays from acts of God, fire, explosion, flooding, weather/elements, labor issues, or any other cause beyond company control.
  31. Severability – In the event that any provision of these terms & conditions are held to be illegal or unenforceable, the offending provision shall be modified or severed, with the remaining portions continuing in full force and effect. 
  32. Venue – These terms & conditions shall be governed and construed in accordance with the laws of the State of Florida, and the venue for any action arising out of or related to these terms & conditions shall be in St Johns County, FL.
  33. Collections – Should company retain the assistance of a third party, including without limitation, an attorney, agency, officer of the court, etc, to assist with the collection of unpaid amounts due and owing, owner agrees to pay company’s costs associated therewith including without limitation attorney’s fees, court costs, plus interest at the maximum legal rate. Company will not provide an itemized breakdown of costs for flat rate or quoted work.
  34. Rescission – Company may withdraw any proposal or quote if it deemed, solely by us, to be unbeneficial to either party. Company may also withdraw if not accepted by the owner within 30-days from date of issuance. 
  35. Cancellation – Both parties reserve the right to cancel any work that is found to be unbeneficial to either party. Cancellation must be in writing prior to the performance of the scheduled work. All monies owed by the owner to the company for preparatory work performed is due in full upon cancellation, and shall be deducted from any refund. All installed items and performed services, including restocking fees, mobilization, demobilization, etc are non-refundable and are due in full upon completion. Installed or special order items are non-refundable and shall not be cancelled for any reason.
  36. Public Relations – Owner agrees to allow company use an any pictures of the work performed for the purpose of marketing, reference, demonstration, etc without penalty or fees. Owner agrees to allow the company rights & privileges to use any and all testimonials, written or verbal, in our marketing without penalty or fees. 
  37. Entire Agreement – These terms & conditions, along with invoice, proposal, quote, contract, etc constitute the entire agreement between the parties.