1. Acceptance of Terms
By agreeing to a quote from Comfort Union, the Buyer agrees to these Terms and Conditions.
This proposal shall not constitute a binding agreement until accepted by both parties and is subject to confirmation at the time of order.
This document serves as both an estimate and a contract between the customer and Comfort Union. Comfort Union agrees to furnish, install, and service the equipment as specified in this agreement, under the prices, terms, and conditions outlined.
Please review the items below and contact your Project Manager if you have any questions.
2. Pricing and Payment
2.1 Quotation Validity
Prices are valid for 30 days from the date of the quote.
2.2 Scope of Pricing
Prices cover only the quantities, types, and sizes specified in this proposal.
Additional charges will apply if extra equipment is added.
2.3 Recovery and Enforcement Costs
The Buyer agrees to pay all costs and expenses incurred by Comfort Union for the recovery or enforcement of unpaid accounts. This includes, but is not limited to, costs for labor to repossess equipment, actual legal fees, court fees, filing fees, and collection agency fees. Any damages to repossessed equipment due to tampering by the Buyer or any agent of the Buyer will also be borne by the Buyer.
2.4 Progress Payments
Progress payments may be requested at different stages of the project's duration at the discretion of Comfort Union.
2.5 Final Payment and Due Date
Full payment is due upon completion of the service unless otherwise agreed upon in writing by both parties.
2.6 Late Payment Charges
An interest rate of 2% per month (equivalent to 24% per annum) will be applied to accounts with balances outstanding for over 14 days.
3. Changes, Cancellations, and Deposits
Any modifications to the agreed-upon work that incur additional costs must be authorized in writing by the Buyer.
Notice of cancellation of orders must be provided in writing.
Commercial: Charges will compensate Comfort Union for commitments in labor and material.
Residential: 10% of the total price if cancelled within 5 business days of the installation date.
Any required deposits are outlined in your quoted.
If materials or labour have been engaged prior to a job cancellation, the Buyer will be charged for these costs. A restocking fee of 25% will be applied to pre-ordered materials.
4. Warranty and Liability
All workmanship is warranted for 30 days from the date of service.
The manufacturer's warranties apply to equipment and parts.
Comfort Union's liability is limited to the replacement of defective parts or workmanship.
The Buyer is responsible for registering any equipment within 30 days of installation to activate manufacturer warranties.
Comfort Union's maximum liability for damages is limited to the lesser of the quote amount or $6,000. No liability is assumed for consequential or special damages.
5. Unforeseen Conditions and Site Conditions
Comfort Union is not responsible for the state of the homeowner’s original chimney. Extra charges may apply for retrofitting to meet Building Code Standards.
Additional costs due to unforeseen site conditions, such as asbestos, concealed pipes, or electrical lines, will be discussed and approved by the Buyer before proceeding.
Comfort Union is not responsible for damages to hidden wires, waterlines, or drainage during the work.
In the event that additional work is required due to unforeseen conditions that were not included in the original scope of the project, the Customer will be notified in advance. Any extra charges arising from this additional work will be billed separately to the Customer.
6. Property Damage and Equipment Tampering
Comfort Union shall not be liable for any damage to the Buyer’s property, including but not limited to floors, carpets, and walls. It is the Buyer's responsibility to safeguard these items.
The Buyer shall assume full responsibility for any and all damages to the equipment caused by tampering, whether by the Buyer themselves or by any agents acting on the Buyer's behalf, including but not limited to contractors on site.
7. Maintenance and Preventative Agreements
Comfort Union reserves the right to terminate any agreement under the specific conditions outlined above.
To maintain any labor warranty, yearly inspections by a qualified Comfort Union technician are required.
Equipment failures due to lack of maintenance are solely the responsibility of the homeowner. Lack of annual maintenance will void the unit replacement warranty. Comfort Union reserves the right to refuse warranty services if the equipment is deemed to be neglected or tampered with by unauthorized persons.
8. Legal Jurisdiction and Dispute Resolution
All disputes will be governed by the laws of the jurisdiction where Comfort Union operates, specifically the Province of Alberta.
Invoices are deemed final unless contested in writing within 15 days of receipt.
9. Installation and Site Preparation
Please ensure access to the mechanical room/equipment is clear and safe for our crews. Comfort Union is not responsible for moving any equipment from the job site.
10. Title to Equipment
Comfort Union will retain the title to any equipment or material furnished until final payment is received. In case of failure to settle, Comfort Union has the right to repossess the equipment and will be held harmless for any resulting damages.
11. Credit Verification
This order is subject to credit verification and approval if financing is required.
12. City Permits, Inspections and Responsibility
If a city inspection is required, it is the Buyer’s responsibility to be present. Failure to allow entry for inspection will incur an additional charge of $250.
The Buyer must call the local jurisdiction to book the appointment for inspection. For the City of Calgary, the contact number is 311. Comfort Union will provide the permit number for the inspection.
If the Buyer chooses not to conduct or pay for the City Permit recommended by Comfort Union or required by the local building code, then Comfort Union shall not be held responsible for any resulting defects, malfunctions, or issues that could have been identified and/or prevented by such a permit.
13. Chimney Liner Provisions
Comfort Union assumes that the chimney conditions are normal, with a straight, clean drop from the crown to the base, allowing for a properly-sized liner to be easily installed. Unforeseen conditions such as, but not limited to, offsets, jagged blocks, structural supports, illegal screws, damaged chimneys, or misaligned chimney sections may either prevent the liner's installation or necessitate additional materials and labor.
In the event of such unforeseen conditions, Comfort Union will provide due notice outlining any applicable investment increase before continuing or halting work. This allows the Buyer ample time to make an informed decision on how to proceed.
If a new chimney liner cannot be installed through the existing chimney due to unforeseen offsets, the customer is responsible for purchasing a power-vent water heater at their own expense.
14. Exclusions and Limitations of Liability
Damage or Required Repairs due to improper installation, servicing by third parties, unauthorized adjustments, incorrect operation, or inappropriate choice, setup or utilization of systems.
Inconsistencies with Unlisted Equipment: We assume no responsibility for devices not installed simultaneously with our contracted equipment or any installations performed by unauthorized third parties.
Non-Manufacturer-Related Failures: Necessary repairs for malfunctions or issues not resulting from manufacturing errors, including but not limited to damage from water, storms, earthquakes, theft, civil unrest, construction, misuse, or abuse are not our responsibility.
Component Incompatibilities: Should your current furnace, blower coil, or condensing unit not be replaced concurrently, you might experience issues with heating/cooling, capacity, or efficiency due to disparities in technology, brand, age, or operational criteria. Any extra alterations or replacements not detailed on the reverse side will be additionally billed.
Brand and Age-related Exemptions: We aren't responsible for pre-existing conditions or any components, materials, or ductwork we haven't repaired, altered, or replaced during our contracted installation, unless otherwise itemized on the reverse side of this agreement.
Electrical Service Upgrade Costs: Should a larger electrical service be mandated for this install, extra charges will apply. We won't be accountable for fluctuating, dimming lighting or malfunctioning of other devices due to insufficient electrical supply or existing issues with the panel.
Home-Existing Conditions: We aren't liable for preexisting electrical issues, such as power fluctuations, dimming lights, inadequate wiring, structural imperfections, water leakage, duct and pipe leaks, hidden damages, offset chimney flues, degraded or missing wiring etc.
Unexpected Utility Bills: Any unusual or extra utility costs incurred due to malfunction or defect of the contracted equipment aren't our responsibility.
Regulatory Changes: We aren't responsible for any newly mandated service or equipment imposed by changes in local, provincial, or federal laws.
Accessibility-Related Expenses: Any costs incurred due to equipment inaccessibility will be additionally charged; service technicians will apply a minimum charge for non-serviceable calls.
Indirect Damages: Any indirect, special, or consequential losses or injuries due to use or inability to use our product, or any delays in repair services are not our responsibility. Liability is capped at the total customer payment to Comfort Union.
Service Fees: Standard service fees apply for work performed during regular hours. Any after-hours work will be negotiated separately.
Non-Covered Elements: We aren't responsible for the replacement or refinishing of cabinetry, carpentry, flooring, fixtures, decor (such as paint, wallpaper, etc.), or for external pumps, electrical wiring, refrigerant pipelines, or drains not listed in the agreement.
Routine Maintenance: Any tasks outlined in the service manual or owner's guide, like flame sensor or coil cleaning, filter replacement, battery changes, or required lubrication that hasn't been done, aren't covered.
Unauthorized Work: Costs for services or parts replaced by contractors not authorized by Comfort Union will not be reimbursed.
Comfort Union is not liable for any existing issues with your HVAC system, home's structure, or other mentioned elements such as low-voltage wiring, controls, offset chimney flues, ductwork, and so forth.
15. Additional Charges
All call-out site visits resulting from conditions mentioned in the 'Exclusions and Limitations of Liability' section will be subject to a diagnostic or current hourly labor charge or warranty deductible.
16. Old Parts and Alternative Providers
Unless otherwise specified in this agreement, all old parts and materials will be removed from the premises and discarded by Comfort Union. The Buyer acknowledges that alternative providers may offer similar services at different pricing. The Buyer has the option to seek other bids before authorizing the work outlined in this contract.
17. Responsibilities of the Customer:
The items listed below fall entirely under the Customer's purview:
Non-Covered Services and Repairs: Any services and repairs not explicitly included in this Agreement are the Customer's responsibility.
Fuse and Circuit Maintenance: It's the Customer's duty to check, replace fuses, and reset circuit breakers and power switches as needed.
Equipment Operation: Customers are expected to operate all equipment in line with the maintenance guidelines found in the Owner’s manual. This includes cleaning or replacing the flame sensor, maintaining the condensate drain, and the upkeep of the condenser, evaporator coil, and air filters.
Technician Access: The Customer is responsible for granting the service technician unobstructed access to the equipment and controls for servicing.
Combustion Air Supply: Adequate combustion air should be supplied as per the National Fuel Gas Code and the Manufacturer's specifications.
Annual Maintenance for Warranty: To maintain extended warranty coverage, annual maintenance must be performed by a Comfort Union technician.
Asbestos Removal: The Customer is responsible for all costs related to the removal of any asbestos within our scope of installation. A certified asbestos abatement company should be employed to remove any asbestos discovered before installation can proceed.
18. Dates for Performance and Force Majeure
All dates specified in this Contract for the beginning, performance, substantial completion, or completion of work by Comfort Union, as well as guarantees and warranties, are subject to and contingent upon unforeseen circumstances beyond our control. These include but are not limited to abuse, negligence, sabotage, acts of God, riots, civil commotions, inspections, delays by carriers or suppliers, inherent defects in the home, strikes, fires, theft, storms or adverse weather conditions, lack of access to the home, and other similar causes. Neither party shall hold the other responsible for indirect or consequential damages of any nature, including but not limited to, loss of revenue or loss of the use of any equipment or facilities. The Buyer is responsible for carrying fire, flood, theft, and other necessary insurance.
19. Additional Work Authorizations
The Buyer will be duly notified of any additional or recommended work, materials, equipment, and/or labor required to complete the project. Any authorized alteration or deviation from the original scope of work that involves extra costs will be executed only upon agreement and will be added to this Agreement. Such additional work is payable according to the standard terms laid out in this Agreement.
Comfort Union will provide a separate Additional Work Authorization document outlining the scope of additional equipment, materials, and labor, along with the agreed-upon investment amount for said work. Verbal consent from the Buyer for the specified labor, materials, and equipment will be considered sufficient authorization to proceed with the additional work, and a signature is not necessarily required for this authorization.
A copy of the Additional Work Authorization document will be provided for the Buyer's records. This document is considered an amendment to this Agreement and is cumulative in its entirety.
20. Acceptance
By authorizing the work as outlined in the quote, the Buyer acknowledges and agrees to these Terms and Conditions.
Comfort Union Limited and Extended Warranty, and Safety Inspection Terms and Conditions
1. Customer's Responsibility
It is the customer's responsibility to contact Comfort Union to schedule all necessary safety inspections, annual maintenance, and other inspections.
2. First-Year Parts and Labor Warranty
Comfort Union provides a full parts and labor warranty for the first year following the purchase and installation of new equipment. This warranty covers all necessary repairs arising from manufacturer defects or faulty workmanship. Services under this warranty will be provided on either a scheduled or emergency basis at the discretion of Comfort Union.
3. Extended Limited Warranty
The Extended Limited Warranty covers your equipment for the second year up to the tenth, twelfth, or fourteenth year, depending on the equipment model. Full parts and labor warranty for all necessary repairs due to manufacturer defects will be provided. Note: Failure to complete annual maintenance by Comfort Union will void this extended warranty.
A $69 warranty deductible applies to all warrantied parts on installation 6 months or older.
4. Limitations and Exclusions
The Limited and Extended Warranties do not cover:
Damages or repairs resulting from unauthorized alterations, abuse, or misuse.
Failures due to electrical issues such as blown fuses or open circuit breakers.
Damages resulting from natural disasters, acts of God, or other uncontrollable conditions.
Routine maintenance, including but not limited to cleaning, tune-ups, and filter replacements.
Services required by changes in governmental regulations.
Exclusions related to cabinet parts, external items, and other non-covered components.
Charges related to refrigerant after the first year of installation.
Regular maintenance items like UV bulbs, filters, and humidifier pads.
5. Additional Terms and Conditions
Any unauthorized alterations, additions, or repairs will void our warranty obligations.
Repairs due to unforeseen acts like natural disasters are not covered.
Work mandated by government, insurance, or regulation changes is not covered.
Control and power wiring within the units are covered, external elements are not.
Ductwork, structural supports, and cleaning of equipment are not covered.
Comfort Union is not liable for delays or failure to schedule yearly maintenance.
Warranties will be void if not maintained by a Comfort Union technician.
Comfort Union is not responsible for additional or unusual utility bills or any property damages.
6. Equipment Owner’s Responsibilities
Contact Comfort Union for all necessary maintenance and inspections.
Bear the cost for services not covered by this agreement.
Operate the equipment according to manufacturer's instructions and carry out routine maintenance.
Provide Comfort Union technicians with clean and unhindered access to the equipment.
Be prepared to incur additional charges at regular rates for non-covered services.