MINTZ HEATING & COOLING, LLC
GENERAL TERMS AND CONDITIONS
Effective March 26, 2021
For clarity, the words “you,” “your” and “Customer” refer to the person purchasing or receiving labor, materials and/or services, and the words “we,” “us,” “our,” and “Company” refer to Mintz Heating & Cooling, LLC, our affiliates, and the independent third parties performing services on our behalf. By purchasing or receiving labor, materials and/or services (the “Work”) you accept these terms and conditions (these “Terms”), and these Terms are thereby deemed incorporated into the agreement between you and us pertaining to the Work (the “Agreement”). Our employees and agents have no authority to alter these Terms.
1. Customer Authorization.
You confirm we have the right and are allowed to commence and perform the Work you requested at the premises where it is being furnished (the “Premises”) (e.g., you have received any necessary permission from a landlord, other owner of the property, or homeowner’s association, etc.).
2. Access; Workspace Conditions.
We will need (i) access to the Premises and the components requiring service or otherwise associated with the Work, (ii) your cooperation with any of our questions or requests, and (iii) electrical power. You are responsible for clearing the work area prior to our arrival and removing or otherwise protecting any personal property, inside and out, including but not limited to carpets, rugs, furniture, plantings, personal items, decorative items and artwork. Service may be denied or rescheduled if no adult is present, if we determine we do not have appropriate access or cooperation from those on site, or if we determine that our ability to safely render service is impaired by you or by circumstances beyond our control.
We need a safe working environment and reserve the right to refuse or reschedule service due to conditions we find dangerous or unsafe, including but not limited to possible code violations, extreme temperatures, natural disasters, or other hazards—real or perceived. Some items that need to be hauled away may require additional equipment/personnel to safely remove, which may result in a delay or rescheduling of the haul-away. We shall not be responsible for keeping or failing to keep any gates or doors closed for children and animals, and any injuries or damages that may ensue from same.
4. Third-Party Contractors.
At our sole discretion, the Work may be performed by either our own employees or one of our independent third-party contractors.
Unless otherwise specified, we may use new or rebuilt replacement parts or replacement products that perform to the factory operational specifications. Any products, parts, material and equipment that are ordered and shipped to you or the Premises are our property until we have received payment in full for them. All surplus, replaced or otherwise removed products, parts, materials and equipment will become our property.
a) Unless otherwise agreed to in writing, you shall pay us 50% of the agreed-upon price at or before the commencement of any Work. The outstanding balance of the agreed-upon price is due immediately upon the substantial completion of the Work.
b) Payments otherwise due may not be held back pending, or made to be contingent upon, inspections by the authority having jurisdiction, your receipt of funding, the completion of newly added services or work, or anything else.
c) In the event payments are not received by us after becoming due, we may (i) charge interest on any such unpaid amounts at up to the maximum amount permitted under applicable law, from the date such payment was due until the date paid; (ii) charge an administrative fee of $50.00 on any balance due and owing for 30 days or more; (iii) charge you for the fees and costs incurred with respect to collecting the debt (including reasonable attorney’s fees and legal costs); and (iii) suspend performance for all Work until payment has been made in full.
d) All payments and deposits for labor or materials needed for the Work are nonrefundable and shall be credited toward furnishing the Work as necessary. Deposits received for goods or services outside those necessary for the Work will be refunded if requested within 72 hours of payment and as provided under state and federal law.
You agree to obtain any necessary permits required for us to perform the Work. We may, at our discretion, obtain any necessary permits on your behalf and charge you for the cost of any permit fees.
8. Premises Modifications; Damages.
Under no circumstances are we responsible for the natural consequences of the Work furnished by us, which may include damage to improvements to real property such as, but not limited to, paint, drywall, wallpaper, texture, flooring, driveways, curbs, sidewalks, fencing, garages, patios, lawns, shrubs, sprinkler systems, stucco, pipes, flooring, cabinets, electrical wiring, fixtures, finishes, devices, components or any other appurtenances, components, including but not limited to structural components, of the Premises. Such collateral damages shall be deemed incidental and foreseeable.
9. Phone calls and texting.
We may call or text you at the phone number you provided (including any mobile number) to inform you about order status, scheduling, service requirements, and to follow up regarding your appointment. Calls may be live or pre-recorded.
We will try to complete the Work within a reasonable time, but aren’t responsible for delays caused by factors beyond our control.
a) We shall not be liable for a breach of any warranty unless Customer gives written notice of the defect(s), reasonably described, to us within twenty (20) days of the time when Customer discovers or ought to have discovered that/those defect(s). With respect to defects covered by a warranty, we shall, in our sole discretion, either (i) repair or re-perform the defective work, or the defective part thereof; or credit or refund the price of such defective work, or the defective part thereof, at the pro-rata contract price.
b) THE REMEDIES SET FORTH IN HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF A WARRANTY.
c) ANY AND ALL WARRANTIES SHALL BE MADE VOID UPON ANY MATERIAL CHANGES, ALTERATIONS, OR MODIFICATIONS TO THE WORK BY ANYONE OTHER THAN US OR AS A RESULT OF CAUSULTY.
12. Disclaimers and Limitations of Liability.
a) No warranty, expressed or implied, is provided for any existing systems or appliances.
b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (i) EXCEPT FOR THE WARRANTY SET FORTH THE AGREEMENT, IF ANY, WE MAKE NO AFFIRMATIVE WARRANTIES AND GRANT ONLY THOSE WARRANTIES IMPLIED BY LAW THAT CANNOT BE EXCLUDED BY CONTRACT UNDER STATE LAW; AND (ii) WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES—INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS/BUSINESS, DATA LOSS, OR OTHER INTANGIBLE DAMAGES ARISING FROM THE WORK. THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
c) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO US PURSUANT TO THE AGREEMENT.
While furnishing the Work, you shall, at your own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, property and casualty insurance with coverage limits of at least the value of the Premises as improved by the completed Work with a financially sound and reputable insurers. Except where prohibited by law, you shall require your insurer(s) to waive all rights of subrogation against us and our insurers.
14. Governing Law and Choice of Forum.
Any dispute arising out of or relating to these Terms, their subject matter, or the Agreement (including non-contractual disputes or claims) shall be governed by, construed, interpreted and enforced in accordance with, the laws of the State of Florida, without regard to the principles of conflicts of laws. And any associated action shall be brought in a court of competent jurisdiction located in Broward County, Florida. Customer and the Company both consent to such venue and jurisdiction and waive any claims that such venue is an inconvenient forum.
The failure of either you or us hereto to insist, in any one or more instances, on the performance of any of these terms and conditions, or to exercise, in part or in whole, any right or remedy herein, shall not be construed as a waiver or relinquishment thereof, or to preclude any other or further exercise thereof.
16. Agreement; Modification.
The Agreement binds jointly and severally all signing as Customer, their heirs, representations, successors and assigns. The parties to the Agreement are not bound by any expressions, representations or agreements between the parties except to extent that such has been reduced to writing and executed by an authorized representative of the party to be charged.
This Agreement and all rights and obligations hereunder shall not be assignable by any party without the prior written consent of the other party. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and assigns. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement.
18. No Third-Party Beneficiaries.
This Agreement is for the sole benefit of the parties hereto and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
19. Statutory Notices.
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
20. Supplemental Statutory Notices.
a) FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND – PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDCONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: CONSTRUCTION INDUSTRY LICENSING BOARD; 2601 BLAIR STONE ROAD; TALLAHASSEE, FL 32399-0783; CUSTOMER CONTACT CENTER: (850) 487-1395.
b) AS SET FORTH IN § 558.005 OF THE FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.