Requisites

Terms and Conditions for Bluepeak climate Inc.

CUSTOMER’S RESPONSIBILITIES:

The Customer is responsible for providing water, gas, sewer, and electrical utilities unless otherwise agreed in writing. It is essential that electricity and water are available at the site before the commencement of work. The Customer agrees to provide the Contractor and the Contractor’s equipment with unrestricted access to the property. Additionally, the Customer must either remove or protect any personal property at or near the work site. The Contractor shall not be held liable for damage to personal property, including but not limited to carpets, drapes, furniture, driveways, lawns, shrubs, and similar items. The Customer guarantees the accuracy of property line identification and shall be liable for any discrepancies.

WARRANTY AND MAINTENANCE REQUIREMENTS:

HVAC INSTALLATION

• Labor Warranty: 3-year warranty on labor.
• Equipment Warranty: Up to 12 years, provided by the manufacturer.
  To maintain optimal system performance, the manufacturer recommends annual maintenance starting in the first year. However, to qualify for the extended warranty, maintenance must be performed starting in the third year of operation. The 3-year labor warranty can be extended to match the manufacturer’s equipment warranty if the Customer ensures two maintenance checks per year for three consecutive years by a California-licensed HVAC contractor. Labor warranties will not exceed the manufacturer’s warranty period.

PLUMBING – WATER HEATERS AND WATER SOFTENERS INSTALLATION

• Hybrid and Heat Pump Water Heaters: 10-year manufacturer warranty.
• Tank Gas Water Heaters: 6-year manufacturer warranty.
• Labor Warranty:
  • 1, 6, or 10 years for tank gas water heaters.
  • 1 or 10 years for hybrid and heat pump water heaters.
  • 1-year warranty for tankless water heaters.

For gas models under the labor warranty, if repairs cannot be completed within 24 hours, the unit will be replaced at no additional cost, subject to manufacturer availability and timelines.

SEWER LINE, MAIN WATER LINE, WATER LINE INSTALLATION/REPLACEMENT

• Labor Warranty: 10 years.
• Parts/Equipment Warranty: As per the manufacturer’s terms.

ELECTRICAL SERVICES

• Electrical Panel Installation (Including Sub-panels), Electrical Vehicle Chargers, Rewiring: 3-year labor warranty.
• Parts Warranty: In accordance with the manufacturer’s terms.

REFRIGERATION EQUIPMENT INSTALLATION

• Labor Warranty: 3 years.
• Parts Warranty: As per the manufacturer’s terms.

OTHER INSTALLATIONS (Swamp Coolers, Kitchen Equipment, Wine Coolers, Wall Heaters, Window AC Units, etc.)

• Labor Warranty: 1 year.
• Parts Warranty: As per the manufacturer’s terms.

REPAIR SERVICES

• HVAC and Refrigeration Repairs: 1-year labor warranty.
• Electrical and Plumbing Repairs: 1-year labor warranty.
• Parts Warranty: As per the manufacturer’s terms.

SOLAR SERVICES

• Linear Performance Warranty: 25 years.
• Roof Penetration Warranty: 15 years.
• Workmanship Warranty: 3 years.

CLEANING SERVICES

Cleaning services are not subject to any warranty.

EXTRA WORK AND CHANGE ORDERS

No extra work or change orders shall be performed without the Customer’s prior written authorization. All change orders must include the following:

1. Scope of work covered by the order.
2. The amount to be added or subtracted from the contract price.
3. The impact on payment schedule or completion date.

Failure to obtain written authorization does not prevent the Contractor from seeking compensation for additional work through equitable remedies to avoid unjust enrichment.

The Contractor shall notify the Customer of any unforeseen conditions at the worksite that differ from those described in this agreement. Any additional costs incurred due to such conditions shall be the responsibility of the Customer.

PLANS, SPECIFICATIONS, AND PERMITS

If plans or specifications are prepared for the project, they shall be attached to and become part of this agreement. The Contractor may assist the Customer in obtaining necessary permits. Any additional work required by permit issuers shall be at the Customer’s discretion and may alter the contract price.

SUBCONTRACTORS

The Contractor may subcontract portions of the work to properly licensed and qualified subcontractors.

CLEAN-UP

Upon project completion, the Contractor will remove debris and surplus materials, leaving the worksite in a clean condition.

DELAY OR INTERRUPTION OF SERVICES

The Contractor shall not be held liable for delays or service interruptions due to causes beyond its control, including but not limited to labor strikes, supply shortages, governmental regulations, or Acts of God.

FEES, TAXES, AND ASSESSMENTS

The Customer is responsible for all taxes, permits, and fees related to the project. The Contractor may assist in obtaining permits, but all associated costs shall be borne by the Customer.

INSURANCE

• Commercial General Liability Insurance: The Contractor maintains Commercial General Liability Insurance. The insurance company’s details are available upon request.
• Workers’ Compensation Insurance: The Contractor provides Workers’ Compensation Insurance for its employees and can furnish proof upon request.

MECHANICS LIEN WARNING

Anyone who improves your property but is not paid may file a mechanics lien. To avoid this, the Customer should request a list of subcontractors and suppliers, monitor Preliminary Notices, and use joint checks for payments.

NOTICE OF CANCELLATION

The Customer may cancel this transaction within three (3) business days without penalty. For repairs or restoration of damaged residential property, the cancellation period is seven (7) business days.

ARBITRATION OF DISPUTES

Any disputes arising from this agreement shall be resolved through arbitration in Santa Clara, California. The arbitrator shall hold a valid license as a Contractor, Architect, or Engineer in California. Arbitration shall be administered by ADR Services Inc. or a mutually agreed-upon arbitrator.

ATTORNEYS' FEES

In the event of legal action, the prevailing party shall be entitled to reasonable attorneys' fees as determined by the court.

RIGHT TO STOP WORK

The Contractor reserves the right to stop work if payment is not made on time. The job may remain idle until all outstanding payments are received.