These Terms and Conditions (“Agreement”) govern all services provided by Contractor (“Contractor,” “we,” “us,” or “our”) to Customer (“Customer,” “you,” or “your”) within the State of Florida. By authorizing work, signing any estimate or service document, or permitting Contractor to begin work, Customer agrees to be bound by this Agreement.

CUSTOMER’S RESPONSIBILITIES: Customer is responsible for providing water, gas, sewer, and electrical utilities unless otherwise stated in writing. It is essential that electricity and water remain available at the worksite during the entire duration of the project. Customer agrees to provide Contractor and Contractor’s equipment with full access to the property. Customer is responsible for removing or protecting any personal property located in or around the work area. Contractor is not liable for damage to personal property, including carpets, drapes, furniture, driveways, lawns, shrubs, or any other items. Customer is solely responsible for accurately identifying and confirming property boundaries.

WARRANTY; MAINTENANCE REQUIREMENT:

HVAC INSTALLATION – 10 labor years warranty for Goodman/Carrier/Mitsubishi/Trane/American Standard equipment. 12 labor years warranty for Daikin equipment. Other brands cover with 3 years labor warranty only. To ensure the correct performance of the system, the manufacturers recommend having maintenance performed on the unit starting the first year of installation. However, to qualify for the extended warranty, the Contractor insists on having maintenance performed starting the third year after the installation. Please note, the 3-year labor warranty can be extended and made equal in length to the equipment warranty if, over the course of 3 years of operation, the Customer ensures that their equipment receives 2 maintenance checks per year from any California licensed HVAC contractor. At the same time, the labor warranty cannot exceed the manufacturer’s warranty.
PLUMBING WATER HEATERS AND WATER SOFTENERS INSTALLATION – Hybrid and heat pump water heaters come with a 10-year warranty from the manufacturer, and tank gas water heaters come with a 6-year warranty from the manufacturer. Contractor offers additional warranty options of 1, 6, or 10 years for labor for the gas water heater, 1 or 10 year labor warranty for hybrid and heat pump water heaters, and 1-year labor warranty for tankless water heaters. For gas models, if repairs within the labor warranty cannot be completed within 24 hours, the unit will be replaced with a new one free of charge, subject to manufacturer availability and timelines.
SEWER LINE, MAIN WATER LINE, WATER LINE INSTALLATION/REPLACEMENT – 10 years warranty on labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
ELECTRICAL PANEL INSTALLATION (INCLUDING SUB PANEL), ELECTRICAL VEHICLE CHARGER, REWIRING – 3 year warranty on labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
REFRIGERATION EQUIPMENT INSTALLATION – 3 year warranty on labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
OTHER INSTALLATIONS like a swamp cooler, kitchen equipment, wine cooler, wall heater, windows ac, etc. – 1 year warranty on labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
REFRIGERATION AND HVAC REPAIR – 1-year warranty for labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
ELECTRICAL AND PLUMBING REPAIRS AND SERVICES – 1-year warranty for labor, warranty for parts is provided in accordance with the manufacturer’s warranty. For warranties on repairs, please see the Service Description above.
SOLAR: 25-year linear performance warranty; 15-year roof penetration warranty; 3-year warranty for workmanship. (These warranties apply to all types of solar panels installed by Contractor).
CLEANING SERVICES: Cleaning services are not subject to warranty.

EXTRA WORK AND CHANGE ORDERS: Customer may not require Contractor to perform extra or change order work without providing written authorization prior to the commencement of any work covered by the new change order (“Change Order”). A Change Order is not enforceable against Customer unless it also identifies all of the following in writing prior to the commencement of any work covered by the Change Order:

(1) the scope of the work encompassed by the order;

(2) the amount to be added or subtracted from the Contract; and

(3) the effect the order will have on the progress of payments or the completion date.

Contractor’s failure to comply with these requirements does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.

Contractor shall promptly notify Customer of (a) subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as existing in the type of work provided for in this Agreement. Any expense incurred due to such conditions shall be paid for by Customer.

Should Customer, construction lender, or any public body or inspector direct any modification or addition to the work covered by this Agreement, the agreed-upon price shall be adjusted accordingly. The change in the price caused by such change shall be as agreed in writing.

PLANS, SPECIFICATIONS, AND PERMITS: If plans and/or separate specifications are prepared for this job, they shall be attached to and become part of this Agreement. Contractor may assist Customer in obtaining all necessary permits for the project. Please note that if the permit issuer requires any additional work, it will be added to the project at the Customer’s discretion. This may result in a change to the total price.

SUB CONTRACTORS: Contractor may subcontract portions of this work to properly licensed and qualified subcontractors.

CLEAN-UP: Upon completion of the work, Contractor will remove from Customer’s property debris and surplus material created by its operation and leave the site in a neat and broom-clean condition.

DELAY AND/OR INTERRUPTION OF SERVICES. In case of inability to obtain adequate supplies, materials, equipment or parts, or war, civil commotion, strikes, governmental regulations or restrictions, prohibitions or other regulations, labor disturbances, Acts of God, boycotts, obstructive action by labor organizations or other causes which are not under the control of Contractor, the provision of services under this Agreement may be delayed, modified or entirely suspended for the period of such occurrence, and Contractor shall not be responsible or liable in any way for any delay, modification or cessation of the same.

FEES, TAXES AND ASSESSMENTS: Customer is responsible for covering all taxes, permits, fees, and assessments of any nature. Contractor may assist in the acquisition of all necessary building permits for the work, with the expenses solely borne by Customer. Upon Contractor’s request, Customer must promptly provide sufficient funds to obtain any required permits. Customer is responsible for all fees and charges imposed by public entities and utilities associated with sewers, storm drains, water service, school facilities, other utilities, hook-up charges, and similar expenses.

In the event of non-payment, Contractor may use the services of debt collectors. In such event, Customer shall be responsible for, in addition to the principal sum owed and the accrued interest, the cost of collection of all outstanding amounts due under this Agreement.

COMMERCIAL GENERAL LIABILITY INSURANCE (CGL): Contractor carries commercial general liability insurance written by [name of insurance company]. You may call [name of insurance company] at [phone number] to check the Contractor’s insurance coverage.

WORKERS’ COMPENSATION INSURANCE: Contractor shall carry Workers’ Compensation Insurance on all its employees and shall furnish Customer satisfactory evidence upon request.

CUTOMER’S INSURANCE: Customer may procure, at his/her sole expense and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached, such insurance to be a sum at least equal to the contract price with loss, if any, payable to any beneficiary under the deed of trust covering the project; such insurance should name Contractor and its subcontractors as additional insureds, and protect Customer, Contractor and its subcontractors and construction lender as their interests may appear. Should Customer fail to do so, Contractor may procure such insurance as agent for and at the expense of Customer, but is not required to do so. If the project is destroyed or damaged by an accident, disaster, or calamity, such as fire, storm, earthquake, or by theft or vandalism, any work done by Contractor in rebuilding or restoring the project shall be paid for by Customer.

ARBITRATION OF DISPUTES – FLORIDA
Any dispute arising out of this Agreement shall be resolved by arbitration in the Florida county where the work was performed, in accordance with the Florida Arbitration Code (Chapter 682, Florida Statutes). A single arbitrator will preside, holding an active license in construction, engineering, or architecture. Parties may seek provisional remedies from a Florida court if necessary.

ATTORNEYS FEES: In the event it shall become necessary to bring suit in connection with any of the provisions of this Agreement, the prevailing party shall be paid such sum as the Court may adjudge as reasonable attorney fees.

LIMITATIONS: No action of any character arising from or related to this Agreement, or the performance thereof, shall be commenced by either party against the other more than two (2) years after completion or cessation of work under this Agreement.

RIGHT TO STOP WORK: Contractor shall have the right to stop work if any payment is not timely made to Contractor under this Agreement. Contractor may keep the job idle until all payments due are received. Furthermore, Contractor may at his option terminate this Agreement and Customer shall be liable to Contractor for breach of contract.

RIGHT TO CURE: In the event that Customer alleges that some of the work is not or has not been done correctly or timely, Customer shall give Contractor a notice that Contractor shall commence to cure the condition that Customer has alleged is insufficient within ten (10) days.

SCOPE OF AGREEMENT: Time is of the essence with respect to the completion of the work by Contractor. No modification or waiver of this Agreement shall be valid unless in writing and signed by the parties. Waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other provisions of this Agreement. This writing constitutes the entire agreement, and neither party is bound by any representation, warranty, promise, statement, or information, unless it is specifically set forth herein. Paragraph headings do not in any manner affect the scope or meaning or intent of its provisions. If a part of this Agreement is held to be indefinite, uncertain, or unenforceable, such determination shall not invalidate any other part of this Agreement. This Agreement in all respects shall bind and inure to the benefits of the heirs, executors, administrators, successors and assigns of the parties.

FLORIDA CONSTRUCTION LIEN NOTICE (Chapter 713, Florida Statutes)

Anyone who provides labor, services, or materials to improve your property and is not paid may record a Construction Lien.

Even if you pay Contractor in full, subcontractors or suppliers who are unpaid may still file a lien.

To protect yourself:

Request a list of subcontractors and suppliers.
Do not make final payment until receiving Final Lien Waivers.
Use joint checks when appropriate.

Failure to address a lien may result in foreclosure.

For more information, visit the Florida Department of Business & Professional Regulation (DBPR) or view Chapter 713, Florida Statutes.

NOTICE OF CANCELLATION — FLORIDA HOME SOLICITATION SALE (F.S. 501.031–501.047)

You may cancel this Agreement within three (3) business days after signing, without penalty or obligation.

IIf you do make the goods available to the seller and the seller does not pick them up within twenty (20) days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction mail or deliver a signed and dated copy of this cancellation notice, or any other written notice to: support@fusefl.com or Contractor at not later than midnight of three days following the transaction date.