CUSTOMER TERMS & CONDITIONS
Rest Assured HVAC LLC, d/b/a Rest Assured HVAC and Rest Assured
Last updated: October 13, 2026
1. YOUR AGREEMENT WITH US
These Terms & Conditions ("Terms") apply to all work that Rest Assured HVAC LLC ("Company," "we," "us") performs for you ("Customer," "you"). They become part of your agreement when you approve an estimate, proposal, work order, service agreement or invoice that references them, whether you sign on paper, sign electronically or approve online.
Your agreement for each job consists of your approved estimate or work order, these Terms, any maintenance plan agreement, and any manufacturer warranty documents for equipment we install. If your signed estimate or work order conflicts with these Terms, the signed document controls. The version of these Terms in effect on the date you approve a job applies to that job.
2. SERVICES
We provide heating, ventilation, air conditioning and refrigeration installation, replacement, repair, diagnostics, inspections and preventive maintenance. The work, equipment and price for each job are described in your estimate or work order.
Work that is not in your approved estimate requires your approval of a written or electronic change order before we perform it. The only exception is emergency work needed to prevent injury or immediate property damage, which we will explain to you as soon as practical.
3. ESTIMATES AND PRICING
- Estimates are valid for 15 calendar days from the issue date unless the estimate states otherwise.
- The price in an approved estimate will not change unless you request a change, a hidden condition is discovered (Section 9), or a permit authority requires work that was not in the estimate. In each case we will present a change order for your approval before proceeding.
- Service call charge: $130.00 during office hours (8 a.m. to 5 p.m., Monday through Friday); $180.00 on weekday evenings (5 p.m. to 8 p.m., Monday through Friday); and $260.00 at night (8 p.m. to 8 a.m.), on weekends and on holidays. The charge is based on the time your appointment is scheduled to start, and the charge that applies will be disclosed to you before we dispatch a technician. Additional diagnostic time, parts and repairs are priced separately, and you approve the price before that work starts.
4. PAYMENT
- Service, repair and maintenance: payment is due when the work is completed.
- Installation and replacement: payment is due on the schedule stated in your estimate. Any deposit amount will be stated in your estimate and applied to your job. The remaining balance is due when the work is completed.
- Accepted payment methods: cash, check, debit card, credit card, ACH or bank transfer, and approved third-party financing. Financing is governed by your agreement with the lender.
- Credit card surcharge: we may add a surcharge to payments made by credit card. The surcharge will not exceed 3% of the payment or our cost of accepting the card, whichever is less. It will be disclosed before you pay and shown separately on your receipt. No surcharge applies to debit cards, prepaid cards, cash, checks or ACH payments.
5. LATE PAYMENTS, COLLECTION AND LIEN RIGHTS
- Late charge: if any balance remains unpaid 30 days after its due date, a one-time late charge of $25.00 or 5% of the unpaid balance, whichever is less, will be added to that invoice.
- Interest: past-due balances accrue simple (non-compounding) interest at 9% per year (0.75% per month) from the due date until paid, or the highest rate permitted by law if lower.
- Returned payments: if a check is dishonored, you will owe $25.00 or, if greater and after we send the written demand by certified mail that Illinois law requires, our costs of collection, including reasonable attorney's fees, plus interest as the law allows (810 ILCS 5/3-806). A $25.00 fee applies to any ACH or other electronic payment returned unpaid.
- Collection costs: if we must take action to collect a past-due balance, you agree to pay the reasonable attorney's fees, court costs and collection agency fees we actually incur, to the extent permitted by law.
- Lien rights: we may have lien rights against the property under the Illinois Mechanics Lien Act (770 ILCS 60), or the lien law of the state where the property is located, for unpaid labor, equipment and materials.
For owner-occupied single-family homes in Illinois:
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THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING LABOR, SERVICES, MATERIAL, FIXTURES, APPARATUS OR MACHINERY, OR FORMS OR FORM WORK BEFORE ANY PAYMENTS ARE REQUIRED TO BE MADE TO THE CONTRACTOR.
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6. YOUR LEGAL RIGHT TO CANCEL
You may have a legal right to cancel a purchase without any penalty. When one of these rights applies, we will give you a written notice and cancellation form, and no cancellation fee, restocking fee, non-refundable deposit or other charge in these Terms applies.
- Sales made at your home: if you buy goods or services of $25 or more from us at your home, you may cancel at any time before midnight of the third business day after the date of the transaction, and we will refund all payments within 10 business days after we receive your cancellation notice. The law excludes repair or maintenance work you asked us to come to your home to perform, but it does apply to any additional goods or services, other than replacement parts used in that repair or maintenance, that we sell you during the visit. Because that exclusion is narrow, we give you the notice and the cancellation form whenever we sell you equipment or added services at your home.
- Customers age 65 or older: if the sale was made at your home and resulted from a visit you did not invite, you may cancel within 15 full business days after signing. An emergency waiver does not waive this right.
- Insurance-paid work: if your job will be paid from property and casualty insurance proceeds, you may cancel before midnight on the earlier of (a) the fifth business day after your insurer notifies you in writing that all or part of the claim or contract is not a covered loss, or (b) the thirtieth business day after your insurer receives your proof of loss. We will provide the required Notice of Cancellation form. We do not pay or rebate insurance deductibles, and we do not represent you on your insurance claim (815 ILCS 513/18).
- Emergencies: if you contact us for a genuine emergency and want work to start immediately, you may waive the three-day right for a sale made at your home only by giving us a separate, dated, signed statement in your own handwriting describing the emergency and waiving the right. We will not accept a pre-printed waiver.
- Property in Indiana, Iowa, Michigan, Ohio or Wisconsin: see the State Addenda. Those states give different or additional cancellation rights, and the applicable addendum controls.
7. CANCELLATIONS, RESCHEDULING AND MISSED APPOINTMENTS
This section applies only when no legal cancellation right in Section 6 applies.
- Service appointments: you may cancel or reschedule at no charge by calling (847) 224-2420 or emailing Info@RestAssuredHVAC.com at least 24 hours before your appointment window.
- Late cancellations and missed appointments: if you cancel with less than 24 hours' notice after a technician has been scheduled, or no one provides access at the scheduled time, we may charge the service call charge that applies to that appointment's time under Section 3. We may waive this charge for medical emergencies, severe weather, power outages or other circumstances beyond your control.
- Installation projects: after any legal cancellation period ends, you may cancel before work begins by notifying us in writing. We will refund your deposit minus the non-recoverable costs we have actually incurred for your job: supplier restocking or return fees, the cost of special-order or non-returnable equipment (which will be delivered to you or held for you for 30 days), permit fees already paid, and labor already performed at our standard rates. We will give you an itemized accounting.
8. PERMITS, INSPECTIONS AND CODES
- We obtain the mechanical permits required for our work. The permit cost is included in your estimate.
- You are responsible for any homeowner association, condominium or landlord approvals, and for providing access for required inspections.
- If an inspector requires work outside the approved scope, such as correcting existing conditions, we will present a change order before performing it.
9. HIDDEN AND PRE-EXISTING CONDITIONS
- We are not responsible for pre-existing conditions we did not cause, including undersized or damaged ductwork, venting or chimneys, gas piping, electrical service, drainage, or structural or code deficiencies.
- If we discover a concealed condition that affects the work, we will stop the affected work, explain the condition, and present a change order or other options before continuing.
- We do not disturb, test for or remediate asbestos, mold, lead paint or other hazardous materials. If we encounter suspected hazardous materials, we will stop work in that area until you arrange for licensed abatement, and the schedule will be adjusted.
10. CUSTOMER RESPONSIBILITIES
- Provide accurate information about your system and property, and tell us about any known hazards.
- Provide safe, clear access to equipment and work areas, including attics, crawlspaces and mechanical rooms, and secure pets.
- Ensure an adult (18 or older) is present during the appointment, or arrange access with us in advance.
- Confirm that you own the property or are authorized by the owner to approve the work.
- Report problems promptly, and stop using any equipment we identify as unsafe.
- Maintain your equipment as the manufacturer recommends, including changing filters.
11. WARRANTIES
11.1 Manufacturer limited warranties. Equipment and parts we install are covered by the manufacturer's written limited warranty, not by the Company. The manufacturer sets the terms, and we will provide a copy on request before you buy. Many manufacturers require registration within a set time (often 60 days after installation) to receive the full warranty term. Registering equipment with the manufacturer is your responsibility. We may register equipment for you as a courtesy, at our discretion, but we are responsible for a registration only if we confirm in writing that we completed it. Manufacturer warranties generally cover parts only. After our workmanship warranty ends, labor to replace a warranted part is billed at our standard rates unless your estimate includes an extended labor warranty. Repairs under a manufacturer warranty do not extend the original warranty period.
11.2 Maintenance and manufacturer warranties. A manufacturer may deny a warranty claim if the equipment was not maintained according to its instructions. You may use any qualified service provider for maintenance; you are not required to use the Company to keep any warranty in effect. Keep your maintenance records.
11.3 Company workmanship limited warranty. For one (1) year from the date the work is completed, we will correct, at no charge, any defect in the workmanship of the labor we performed. To make a claim, contact us promptly after you discover the problem by calling (847) 224-2420, emailing Info@RestAssuredHVAC.com or writing to PO Box 5440, Elgin, IL 60121-5440, and describe the problem and the job address. We will re-perform or repair the affected work; if that is not practical, we will refund the labor charge for that work. This warranty does not cover equipment or parts (see 11.1), or the items listed in Section 12.
11.4 IMPLIED WARRANTIES. ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE LENGTH OF THE APPLICABLE WRITTEN WARRANTY, TO THE EXTENT PERMITTED BY LAW. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion in Section 13 may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
11.5 New system performance. If a new system we install does not perform as described in your approved proposal, we will service, modify or balance it until it performs to the manufacturer's specifications for the system as designed and installed. The exclusions in Section 12 apply.
12. WARRANTY EXCLUSIONS
Our workmanship warranty (Section 11.3) and our new system performance commitment (Section 11.5) do not cover damage or failures caused by:
- misuse, neglect, lack of maintenance, or clogged filters or drains;
- installation, repair or modification by anyone other than the Company after our work;
- acts of nature (such as storms, floods, lightning or earthquakes), fire, power surges or utility failures;
- pests or rodents, or corrosion from environmental conditions or chemicals;
- normal wear and tear, or consumable items such as filters, belts, batteries and UV lamps;
- pre-existing conditions described in Section 9.
Service calls for problems that are not covered are billed at our standard rates.
13. LIMITATION OF LIABILITY
- Except as stated in the next bullet, our total liability for any claim arising from our work is limited to the amount you paid for the work that gave rise to the claim, and we are not liable for indirect, incidental or consequential losses such as loss of use, spoiled food, temporary lodging or lost income, except to the extent the next bullet applies.
- These limits do not apply to: (a) bodily injury or death; (b) physical damage to your property caused by our negligence; (c) gross negligence, willful misconduct or fraud; or (d) any right or remedy that cannot be limited by law, including rights under the Illinois Consumer Fraud and Deceptive Business Practices Act.
- We carry general liability insurance that meets or exceeds the minimums required of home repair contractors under Illinois law. A certificate of insurance is available on request.
14. MAINTENANCE PLANS
14.1 Plan terms. The price, included visits, term and any renewal terms of a maintenance plan are stated in your plan agreement. Enrolling in a maintenance plan is not required to keep any manufacturer or Company warranty in effect.
14.2 No automatic renewal unless you choose it. Our maintenance plans do not renew automatically. When your plan term ends, the plan ends, and we will not charge you for a new term unless you enroll again. We may remind you before your plan ends so you can decide whether to renew.
14.3 Plans with automatic renewal. If we ever offer a plan that renews automatically, it will renew only if your plan agreement says so and you separately consent to automatic renewal. For any such plan, the following terms apply and will also be shown in your plan agreement, next to where you give your consent, before you enroll:
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AUTOMATIC RENEWAL TERMS: (1) Your plan will continue and automatically renew until you cancel. (2) To avoid being charged for the next term, you must cancel before the cancellation deadline stated in your plan agreement. (3) At each renewal, we will charge the plan price to the payment method you authorized; the price may change, and we will tell you any new price before your cancellation deadline. (4) Each renewal term is the length stated in your plan agreement. (5) Your minimum purchase obligation is the price of one plan term, unless your plan agreement states otherwise.
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- Consent: we will not charge your card or other payment method for a renewal without first obtaining your consent to the automatic renewal terms.
- Acknowledgment: after you enroll, we will send you an acknowledgment, in a form you can keep, that includes the automatic renewal terms, our cancellation policy and how to cancel.
- Renewal reminder: if your plan term is 12 months or longer and renews for more than one month, we will send you written notice no less than 30 days and no more than 60 days before your cancellation deadline. The notice will tell you that the plan will renew automatically unless you cancel, the deadline to cancel, and how to cancel.
- Free or discounted trials: if a plan starts with a free or promotional period that converts to a paid plan, we will tell you how to cancel before you pay and let you cancel before you are charged. If the trial lasts 15 days or longer, we will also notify you, by the method you normally use to communicate with us, at least 3 days before the cancellation deadline.
- How to cancel: email Info@RestAssuredHVAC.com, mail PO Box 5440, Elgin, IL 60121-5440, or call (847) 224-2420. If you enrolled online, you may also cancel entirely online by email or through the online method we provide, without having to call or speak with anyone.
- Effect of cancellation: cancelling stops all future renewals and charges. Your current plan term continues through its end date, and any refund for an unused term is as stated in your plan agreement.
- Changes and billing errors: we will notify you of any material change to a plan's renewal terms before it takes effect at renewal, and you may cancel. If we charge you for a renewal without the consent or notice described above, we will refund that charge in full.
15. COMMUNICATIONS, PHOTOS AND PRIVACY
- You agree that we may call, text and email you at the contact information you provide about appointments, estimates, invoices, payments and service reminders — sent through our scheduling system, Housecall Pro, as part of the work you hired us to do. Message and data rates may apply. Reply STOP to stop texts, or tell us in any other reasonable way, and we will honor your request within 10 business days. We also send marketing texts, seasonal maintenance deals and other promotional offers — through Brevo, or through Housecall Pro’s own marketing-text opt-in on our Online Booking and quote/service-request forms — only to customers who separately opt in to one of those, and each has its own way to stop.
- We may take photos or video of equipment and work areas for documentation, warranty and quality purposes. We will not publish images that identify you or your home without your permission.
- We use your personal information to provide our services. We do not sell it. We share it only with service providers who help us operate (Housecall Pro for scheduling, dispatch, estimates, invoicing and the marketing text campaigns you opt into through our booking and quote forms; Brevo for the marketing email and text campaigns you opt into through our website; our payment processor; Adobe Acrobat Sign for documents you sign electronically with us; and our hosting and website providers), lenders you choose to apply with, manufacturers for warranty registration, permit authorities, subcontractors working on your job, or as required by law. Card payments are processed by our payment processor; we do not store full card numbers.
- No mobile information will be shared with third parties or affiliates for marketing or commercial purposes. All of the categories above exclude text messaging originator opt-in data and consent; that information is not shared with any third party.
- Our full privacy policy is at https://restassuredhvac.com/about-us/privacy-policy/ and you can change your website cookie choices at https://restassuredhvac.com/about-us/opt-out-preferences/ (every website legal page is listed in Section 22).
16. DELAYS BEYOND OUR CONTROL
We are not responsible for delays caused by events beyond our reasonable control, including severe weather, manufacturer backorders, supply shortages, utility outages, permit or inspection scheduling, or government action. We will notify you and reschedule. If such a delay prevents us from starting your job within 30 days of the scheduled date, either of us may cancel the unstarted work, and we will refund all payments for work not performed.
17. REFRIGERANT AND REMOVED EQUIPMENT
We recover and handle refrigerant in accordance with Section 608 of the Clean Air Act and EPA regulations (40 CFR Part 82, Subpart F, and 40 CFR Part 84 where applicable). Unless your estimate states otherwise, we remove and dispose of or recycle replaced equipment and recovered refrigerant.
18. REFUNDS AND BILLING QUESTIONS
Please send billing questions and refund requests to Info@RestAssuredHVAC.com or to our mailing address. We refund overpayments, and payments for work we did not perform, to the original payment method. Approved refunds are processed within 30 days, or within the shorter time the law requires (for example, 10 business days after a legal cancellation under Section 6). Nothing in these Terms limits any dispute rights you have with your card issuer or lender.
19. RESOLVING DISPUTES
- Talk to us first: if you have a concern, please contact us so we can try to resolve it. We ask that both parties allow 30 days for an informal resolution before starting a lawsuit, except where waiting would cause a legal deadline to pass.
- Mediation: if we cannot resolve a dispute informally, either party may propose non-binding mediation. Mediation is voluntary and does not prevent either party from filing in small claims court.
- Courts: for property in Illinois, disputes will be decided in the state courts of Illinois, in the county where the property is located or in Kane County, Illinois. Either party may bring a claim in small claims court if it qualifies. These Terms do not require arbitration.
- Governing law: these Terms are governed by Illinois law, except that for property located in another state, that state's law applies where it is required (see the State Addenda).
20. CHANGES TO THESE TERMS
We may update these Terms for future work. The current version, with its "last updated" date, is posted at https://go.restassuredhvac.com/Terms and changes do not apply to a job you have already approved or to a maintenance plan term already in effect.
21. GENERAL
- Electronic records: you agree that we may send estimates, invoices and routine communications electronically and that you may sign electronically. Notices the law requires us to give you in writing, such as cancellation notices and forms, will be delivered electronically only if you give separate electronic consent after receiving our electronic records disclosure; otherwise we will give them to you on paper. You may request a free paper copy of any document, or withdraw your consent, by contacting us.
- Subcontractors: we may use qualified, licensed subcontractors. Your estimate will identify when subcontractors or third parties will furnish labor or materials.
- Severability: if any part of these Terms is found unenforceable, the rest remains in effect, and the unenforceable part will be applied to the fullest extent the law allows.
- No waiver: our failure to enforce any part of these Terms is not a waiver of our right to enforce it later.
22. CONTACT INFORMATION
Rest Assured HVAC LLC
Phone: (847) 224-2420
Email: Info@RestAssuredHVAC.com
Mailing address: PO Box 5440, Elgin, IL 60121-5440
Business address (no mail delivery): 11N099 Muirhead Rd, Elgin, IL 60124
Website legal pages:
Privacy Policy: https://restassuredhvac.com/about-us/privacy-policy/
Opt-out Preferences: https://restassuredhvac.com/about-us/opt-out-preferences/
Web Terms and Conditions: https://restassuredhvac.com/about-us/terms-and-conditions/
Statutory & Regulatory Disclosures: https://restassuredhvac.com/about-us/disclosures/
Service Guarantee & Refunds: https://restassuredhvac.com/about-us/guarantee/
Accessibility Statement: https://restassuredhvac.com/about-us/accessibility/
Service Terms & Conditions (website copy of these Terms): https://restassuredhvac.com/about-us/service-terms-and-conditions/
STATE ADDENDA
The Terms above are written for property in Illinois. If the property where we work is in one of the states below, that state's addendum applies and controls over any conflicting term. Nothing in these Terms waives a right that the law of the state where the property is located does not allow to be waived. Addenda are listed alphabetically by state.
--- INDIANA ADDENDUM ---
- Governing law and venue: Indiana law governs, and any lawsuit, arbitration or other dispute resolution proceeding will take place in Indiana, in the courts of the county where the property is located unless Indiana law requires a different county (IC 32-28-3-17). The Illinois governing law and venue provisions do not apply.
- Written contract: for work over $150, we will give you a completed written contract with the information required by IC 24-5-11-10 before you sign it, and a fully signed copy immediately after you sign. Changes to the contract are not binding unless you sign them.
- Right to cancel (Indiana home improvement contracts over $150): your contract will include this statement: "You may cancel this contract at any time before midnight on the third business day after the later of the following: (A) The date this contract is signed by you and Rest Assured HVAC LLC. (B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy. See attached notice of cancellation form for an explanation of this right." We will attach a detachable Notice of Cancellation form in duplicate. You may cancel by mail, delivery or email; a mailed notice is effective when mailed, and an emailed notice when sent. We will return your payments within 10 days after you cancel (IC 24-5-11-10.6). If you acknowledged in writing, before work began, that emergency or temporary services were necessary to prevent damage to the property, we may keep the reasonable value of those services.
- Unsolicited home sales: if you did not invite our visit and you agree at your home to buy goods or services of $25 or more, you may also cancel before midnight of the third business day (any day except Sunday or a legal holiday) after the later of the day you receive our written cancellation notice or the day of final agreement. We will give you two copies of that notice and return your payments within 10 business days after your notice is delivered. If we make emergency repairs within 3 days after final agreement, we may recover the fair market value of the materials and labor used to address the emergency (IC 24-5-10).
- Permits: the contract is conditioned upon the appropriate party obtaining the necessary licenses and permits before any work begins. We obtain the mechanical permits for our work.
- Late charges and interest: the late charge in Section 5 applies only once per invoice. In place of the interest rate in Section 5, past-due balances accrue simple interest at 8% per year from the date an itemized bill is rendered and payment is demanded.
- Insurance: we will not pay or rebate any part of an insurance deductible, we do not act as a public adjuster, and neither we nor any subcontractor will initiate or pursue a claim with your insurance company (IC 24-5-11-10, 24-5-11-10.5).
--- IOWA ADDENDUM ---
- Governing law and venue: Iowa law governs, and any lawsuit, mediation, arbitration or other dispute resolution proceeding will be conducted in Iowa (Iowa Code 537A.6). The Illinois governing law and venue provisions do not apply.
- Right to cancel: for sales of $25 or more made at your home, we will place the Iowa notice of your right to cancel next to your signature, give you two copies of a Notice of Cancellation form, and explain the right to you. You may cancel at any time before midnight of the third business day after the date of the transaction (business days exclude Saturdays, Sundays and public holidays). We will refund all payments within 10 business days after we receive your notice, and no fee, trip charge or penalty applies to a timely cancellation. If you contacted us and need goods or services right away for a genuine emergency, you may give up this right only by giving us a separate statement, dated, signed and in your own handwriting, that describes the emergency and says that you waive your right to cancel within three business days (Iowa Code ch. 555A).
- Interest: in place of the interest rate in Section 5, past-due balances accrue simple interest at 5% per year from the due date.
- Returned payments: the $25.00 returned payment fee in Section 5 applies only to a dishonored check, draft or order, will be shown on your invoice, and does not apply if you stopped payment (Iowa Code 554.3512). No fee applies to other returned electronic payments, and the collection-cost provision for returned payments in Section 5 does not apply.
- Attorney's fees and collection costs: the attorney's fee and collection agency fee provisions in Section 5 do not apply. You are responsible only for court costs allowed by Iowa law.
- Indemnity: nothing in these Terms requires you to indemnify, defend or hold harmless us, our employees, agents, subcontractors or others for whom we are responsible for their negligence (Iowa Code 537A.5).
- Licensing and permits: we perform work in Iowa only while holding the contractor license and registration Iowa requires, and we obtain the required local permits and inspections.
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Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner. The mechanics' notice and lien registry provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property. Mechanics' Notice and Lien Registry: https://sos.iowa.gov/MNLR or toll-free 1-888-767-8683.
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--- MICHIGAN ADDENDUM ---
- Governing law and venue: Michigan law governs, and any lawsuit will be filed in the court (including small claims court) for the Michigan county where the property is located. The Illinois governing law and venue provisions do not apply.
- Licensing statement (MCL 570.1114): That a residential builder or a residential maintenance and alteration contractor is required to be licensed under article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412. That an electrician is required to be licensed under article 7 of the skilled trades regulation act, MCL 339.5701 to 339.5739. That a plumbing contractor is required to be licensed under article 11 of the skilled trades regulation act, MCL 339.6101 to 339.6133. That a mechanical contractor is required to be licensed under article 8 of the skilled trades regulation act, MCL 339.5801 to 339.5819. We perform work in Michigan only while licensed as a mechanical contractor, and your Michigan contract will state that we are licensed and our license number.
- Written changes: all changes, additions and change orders must be in writing.
- Permits: our licensed Michigan contractor of record will obtain all required mechanical permits before work begins.
- Right to cancel: for sales of more than $25 made at your home, you may cancel at any time before midnight of the third business day after the date of the transaction by mailing or delivering written notice. Business days are Monday through Friday, excluding New Year's Day, Martin Luther King's birthday, Washington's birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day. We will give you two copies of a Notice of Cancellation form, will not have a courier or other third party pick up your payment at your home during the cancellation period, and will return your payments within 10 days after you cancel. If you cancel on time, you owe nothing for services performed before cancellation. If you request immediate service for an emergency, your right to cancel may be waived only by a separate, dated, signed statement in your own handwriting describing the emergency and waiving the right, and only if we have begun substantial work and any goods cannot be returned in substantially the same condition (MCL 445.111 to 445.117).
- Late charge and interest: the late charge in Section 5 does not apply. In place of the interest rate in Section 5, past-due balances accrue simple interest at 7% per year from the due date (MCL 438.31).
- Returned payments: the returned payment fee in Section 5 does not apply. For a dishonored check, we may charge only the processing fee permitted by MCL 600.2952 after the written demand that statute requires.
- Collection costs: attorney's fees, court costs and collection costs are charged only to the extent permitted by Michigan law.
- Your rights: nothing in these Terms, including the warranty and limitation of liability sections, limits your rights under the Michigan Consumer Protection Act. We will provide a sworn statement when payment is due or requested, and whenever you ask for one (MCL 570.1110). We may record a construction lien within 90 days after we last furnish labor or materials (MCL 570.1111).
--- OHIO ADDENDUM ---
- Governing law and venue: Ohio law governs, and any lawsuit or other dispute resolution will take place in the Ohio county where the property is located, or at another Ohio location we both agree to in writing (ORC 4113.62(D)). The Illinois governing law and venue provisions do not apply.
- Right to cancel: for sales of $25 or more made at your home, including goods or services beyond replacement parts sold during a repair or maintenance visit, you may cancel at any time before midnight of the third business day after the date you sign. Business days are every day except Sunday and New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. You may cancel by mail, by delivery, or by fax or email. We will give you two copies of a Notice of Cancellation form, explain the right to you, and refund all payments within 10 business days after we receive your notice. We will not begin work during the cancellation period unless you contacted us about an immediate emergency that threatens anyone's health or safety or your property and you give us a separate, dated, signed statement in your own handwriting describing the emergency and waiving your right to cancel (ORC 1345.21 to 1345.28).
- Right to an estimate: for repairs or services expected to cost more than $25, you have the right to choose a written estimate, an oral estimate or no estimate, and we will record your choice before work begins. We will get your oral or written approval before doing additional work if: (a) your estimate is $50 or less and the additional work exceeds $5; (b) your estimate is over $50 and the additional work is 10% or more of the estimate, excluding tax; or (c) no estimate was given and the total will exceed $25. We will not charge for work you did not authorize (OAC 109:4-3-05).
- Charges disclosed in advance: the trip charge and any service, travel or diagnostic charge will be disclosed to you when you first contact us. Any charge for disassembly, reassembly or partially completed work will be disclosed before you authorize the work (OAC 109:4-3-05).
- Invoices and replaced parts: your invoice will list each part and its cost, state whether any part is used, remanufactured or rebuilt, state the labor charge, and identify the technician. Replaced parts will be offered to you unless we tell you before work begins that they will be returned to the manufacturer for warranty credit, rebuilt or sold. This bullet controls over Section 17.
- Deposits: if we accept your payment and then 8 weeks pass (or the promised date passes, if earlier) without our performing, we will perform, refund your payment in full, or tell you the reason for the delay and the new date and offer to refund your payment within two weeks if you ask. Substitute equipment requires your consent (OAC 109:4-3-09).
- Contracts of $25,000 or more: we will use a separate written home construction service contract that meets ORC 4722.02, including a certificate of insurance showing general liability coverage of at least $250,000.
- Interest: in place of the interest rate in Section 5, past-due balances accrue simple interest at 8% per year from the due date (ORC 1343.01).
- Attorney's fees and collection costs: the attorney's fee and collection cost provisions in Section 5 do not apply. Each party pays its own attorney's fees except as a court awards under Ohio law.
- Your rights: nothing in these Terms, including the warranty and limitation of liability sections, limits your rights under the Ohio Consumer Sales Practices Act or Home Solicitation Sales Act. We may file a mechanic's lien within 60 days after the last labor or work was performed or materials were furnished on a one- or two-family dwelling or residential condominium unit (ORC 1311.06).
--- WISCONSIN ADDENDUM ---
- Governing law and venue: Wisconsin law governs, and any lawsuit will be filed in a county where venue is proper under Wis. Stat. 421.401. Nothing in these Terms requires litigation, arbitration or other dispute resolution outside Wisconsin (Wis. Stat. 779.135). The Illinois governing law and venue provisions do not apply.
- Written contract: if you pay anything before the work is complete, or if we solicited the sale at your home or by mail, phone or flyer, your written contract will state our name and address and the name and address of the salesperson; the work and the principal products (name, make, size, capacity, model and model year) and materials; the total price, including permit fees, trip charges and any finance charges; start and completion dates; any mortgage or security interest; all warranties; any other documents that are part of the contract; and the terms and provider of any insurance or protection we promise. You will receive a copy before work begins or any payment is made, and we will not assign your contract without your written consent (ATCP 110.05).
- Permits: before you sign, we will tell you which permits are required. We will not start permitted work until the permits are issued. For permitted work, final payment is not due until we give you copies of the inspection certificates, or an inspection summary if no certificate is issued (ATCP 110.03). We perform work in Wisconsin only while holding the HVAC contractor registration Wisconsin requires.
- Delays: we will promptly notify you of any delay past a contract deadline, with the reason and new proposed start and completion dates. A new deadline requires your written agreement. If you paid in advance and we miss a deadline, fail to give this notice or get your agreement, or (if there is no deadline) you believe we are not performing on time, you may give us written notice cancelling the contract and demanding return of payments for materials or services not provided, delivery of materials bought with your payments, and a written accounting. We will refund within 15 calendar days, deliver materials within 15 calendar days (or 5 days after we receive them), and give the accounting within 30 calendar days (ATCP 110.027, 110.07). Section 16 does not limit these rights.
- Right to cancel: if we solicited the sale in person away from our place of business, or by mail or telephone, and the price is more than $25, we will give you two copies of a "Customer's Right to Cancel" notice. You may cancel by mailing or delivering written notice before midnight of the third business day after you sign. If you cancel on time, you owe nothing for work performed before cancellation, and we will refund your payments within 10 days. A waiver is valid only if you face an emergency threatening health, safety or property, you give us a separate dated and signed personal statement describing the emergency and waiving your right to cancel (no printed forms), and we have substantially begun the work (Wis. Stat. 423.201 to 423.205). The right to cancel sales made at your home in Section 6 also applies.
- Liquidated damages: if you breach a home improvement contract, any liquidated damages we charge, including a fixed cancellation or missed-appointment charge under Section 7, will not exceed 10% of the contract price (ATCP 110.05). This does not limit our recovery of the actual non-recoverable costs described in Section 7.
- Late payments: the late charge in Section 5 does not apply. Past-due balances accrue simple interest at 9% per year from the due date. The returned payment fee is $15.00, and the collection-cost provision for returned payments in Section 5 does not apply.
- Attorney's fees and collection costs: the attorney's fee and collection agency fee provisions in Section 5 do not apply. You are responsible only for court costs allowed by Wisconsin law.
- Lien waivers: if you ask, we will provide lien waivers from all contractors, subcontractors and material suppliers on your job. Before you sign, we will give you a separate Notice of Consumer's Right to Receive Lien Waivers, and you will sign or electronically acknowledge that you received it (ATCP 110.025).
- Insurance claims: we will not pay or rebate any part of an insurance deductible. If insurance will pay for exterior work, such as an outdoor unit, you may cancel within 3 business days after your insurer notifies you in writing that the claim is denied, and we will give you a cancellation form (Wis. Stat. 100.65).
- Warranties: you will receive written copies of all warranties, any oral warranty we give will be confirmed in writing, and your contract will state how long we have to perform warranty work after a valid claim (ATCP 110.04).
- Refunds: where Wisconsin law requires a refund within 10 days, that period applies instead of the periods in Section 18.
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AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, CLAIMANT HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES PERFORMING, FURNISHING, OR PROCURING LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED CLAIMANT, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY FIRST PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. CLAIMANT AGREES TO COOPERATE WITH THE OWNER AND THE OWNER'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
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