TERMS OF SERVICE
These Terms and Conditions of Service (“Terms”) govern transactions between R&C Heating and Cooling Service, California Contractor’s License No. 1101808 (“Contractor”), and the purchaser or contracting party (“Customer”) for HVAC installation, maintenance, and repair services.
For residential home improvement projects, these Terms are supplemental only and are incorporated into, and governed by, a separately executed California Home Improvement Contract (“HIC”), as required by California Business & Professions Code §7159. In the event of any conflict, the HIC shall control.
For commercial projects, these Terms govern unless expressly modified in writing by an authorized officer of Contractor.
Contractor reserves the right to withdraw any proposal prior to Customer acceptance or authorization.
1. Pricing and Payment
All quoted prices are valid for thirty (30) days unless otherwise stated in writing.
Payment is due upon completion of work, unless otherwise agreed to in writing.
Approved commercial accounts are due within fifteen (15) days from the invoice date.
Late payments may accrue interest, collection costs, and reasonable attorneys’ fees, to the maximum extent permitted by California law.
Contractor may require deposits, progress payments, or advance payments only as permitted by applicable California law.
2. Mechanics’ Lien Warning and Reservation of Rights
NOTICE TO PROPERTY OWNER
Under California law, any contractor, subcontractor, laborer, or material supplier who provides labor or materials for the improvement of property and is not paid may record a mechanics’ lien against the property. A mechanics’ lien is a claim against your property and may be enforced by foreclosure, which could result in the loss of all or part of your property.
You may protect yourself by requiring conditional and unconditional lien releases upon payment and by verifying that all persons who supplied labor or materials have been paid.
No Waiver of Rights
Nothing in these Terms, nor in any estimate, invoice, proposal, payment, partial payment, progress billing, or communication, shall be deemed a waiver of Contractor’s mechanics’ lien rights, stop notice rights, bond rights, or any other remedies available under California law.
3. Contractor Licensing and Consumer Rights
Customers are encouraged to verify Contractor’s license status with the California Contractors’ State License Board (CSLB) at www.cslb.ca.gov or by calling (800) 321-CSLB. The CSLB investigates complaints against licensed contractors within four (4) years.
4. Authority, Liability, and Security Interest
The individual signing or authorizing work represents that they are authorized to bind the Customer and shall be personally, jointly, and severally liable for all amounts due.
If Customer is acting as a general contractor, construction manager, or agent, Customer remains fully responsible for payment, regardless of whether Customer is paid by others.
To the extent permitted by California law, Contractor retains a security interest in uninstalled materials and equipment until payment is received in full. Once installed or affixed, ownership vests in the property owner, subject to Contractor’s lawful lien and collection rights.
In the event of non-payment, Contractor shall pursue lawful remedies only, including lien, bond, stop notice, and collection remedies.
5. Scope of Work, Changes, and Substitutions
Work will be performed in accordance with the agreed scope of work.
Any modifications or additions require written approval prior to performance and may result in additional charges.
Unforeseen conditions (including structural deficiencies, code issues, hazardous materials, or outdated electrical or gas systems) may result in additional costs.
Contractor may substitute equivalent materials or equipment when reasonably necessary.
Approved change orders are subject to the same payment terms and legal rights as the original work.
Non-payment may result in suspension or termination of services without waiver of Contractor’s rights.
6. Insurance Coverage
Contractor has workers’ compensation insurance for employees, if applicable, and maintains general liability insurance as required by California law. Certificates of insurance may be provided upon request.
Customers are responsible for ensuring their own property insurance adequately covers HVAC work performed.
7. Property Access and Site Conditions
Customer grants Contractor reasonable access to the property for delivery of materials, tool staging, and work completion.
Bid prices assume normal and accessible site conditions. Additional charges may apply for unforeseen site conditions, hazardous materials, restricted access, or customer-caused delays.
8. Warranty and Limitations
Labor workmanship is warranted for three hundred sixty-five (365) days from completion.
Equipment and materials are subject only to manufacturer warranty terms.
Warranties are void if payment is not received in full.
Contractor shall not be liable for indirect, incidental, or consequential damages, to the extent permitted by California law.
9. Delays
Contractor shall not be liable for delays caused by weather, material shortages, inspections, utility companies, acts of God, or third parties. Suspension or delay due to non-payment shall not waive Contractor’s legal or lien rights.
10. Right to Cancel (Residential Projects)
For residential home improvement projects, the Customer’s cancellation rights are governed exclusively by the California Home Improvement Contract and the separate Notice of Cancellation provided at the time of contract execution, in accordance with California law.
Nothing in these Terms limits or modifies those statutory rights.
11. Payments, Pre-Construction Services & Refund Policy
A. General
Payments received may be applied toward pre-construction and administrative services, including project planning, system design, job site visits, coordination, pricing development, equipment sourcing, scheduling, permitting preparation, mobilization planning, and administrative preparation.
Pre-construction services may commence upon estimate approval, agreement execution, and/or receipt of payment, whichever occurs first. Payments are deemed earned as services are performed and costs incurred.
B. General Contractor / Commercial Projects
For commercial projects, payments may be non-refundable to the extent earned or applied toward documented services or costs incurred if a project is delayed, modified, or cancelled for reasons not caused by Contractor.
C. Residential Homeowners
For residential projects, payments and refunds remain subject to California Home Improvement Contract laws, including statutory cooling-off periods. Nothing herein waives or limits any consumer rights provided under California law.
12. Applicability
These Terms apply to all proposals, estimates, work orders, invoices, change orders, and services unless expressly modified in writing by an authorized officer.
Customer Acknowledgment
By approving an estimate, executing an agreement, or authorizing work, Customer acknowledges that they have read, understand, and agree to these Terms and Conditions.