Limited Warranty:
Agreement Terms and Conditions (for Service and Repairs Only):
Limited Warranty: All materials and goods are warranted by the manufacturer’s written warranty only. All service and repair labor performed by the Company is warranted for 30 days, or as otherwise indicated in writing on this document. The Company makes no other warranties, express or implied, and its agents or technicians are not authorized to make any such warranties. Warranties are non-transferable and services provided by Company are NOT to be used to fulfill a condition of sale of residential property. Tune-ups and diagnostic services DO NOT constitute an exhaustive inspection to determine satisfactory condition for sale, system longevity, or warrantability.
Ownership: Company retains ownership to all parts and materials until full payment is made by Customer. If full and timely payment is not made as stated below, Company may remove new parts/materials, without the obligation to re-install original parts or complete any further services, and may retain any payments that have been received.
Payment: A deposit of 50% is required for installations and major repairs. This deposit is non-refundable. Final payment of the remaining balance is due and payable upon completion of the work. If any portion of the work is delayed due to no fault of the Company, the Customer will promptly pay for the portion of the work that has been completed, and pay the final balance upon service completion, but no later than 10 days after project start date. Warranties are not valid until full amount due is paid in full.
Payments made by check may be processed electronically. Checks returned for non-payment or NSF may be re-presented electronically and a processing fee of $35.00 will be added. Further collection actions as allowed by law will be taken for any payment or fees that remain unpaid.
By signing or electronically approving this document, the Customer is contracting with Company to provide the Scope of Work which is the service(s) and/or product(s) stated above, agrees to all Terms & Conditions, hereby waives any right of rescission and authorizes Company to proceed with the Scope of Work which includes the item(s) listed in this Estimate or Invoice.
If any service is performed as a result of verbal authorization by Customer, all Terms & Conditions will apply, and Customer indicates their agreement by providing payment for the service(s)/product(s).
An Invoice will serve as an "estimate only" if no work is performed.
The Scope of Work includes only the item(s)/product(s)/service(s) listed on this Estimate or Invoice. Estimates are valid for 30 days unless otherwise noted or the Scope of Work is changed.
INSTALLATION AGREEMENT
Terms and Conditions:
This Agreement is between Quality West Services, LLC dba Quality West Heating & Cooling, hereafter referred to as “Company”, and the person(s) or qualified entity named on this document, hereafter referred to as “Customer”.
Payment: A deposit of 50% is required to schedule all installations and major repairs. This deposit is non-refundable and due with the signing of this Agreement to reserve the installation date(s) and order the equipment to be installed. Upon Customer’s electronic “Approval" of this Agreement, Company will email a copy of this Agreement to Customer to obtain Customer’s digital signature, or Customer will sign the document electronically on Company provided iPad.
Beginning January 1, 2025, HVAC equipment is required to be manufactured using new refrigerants instead of R-410A. Equipment manufactured prior to this date – if still available - may be installed during a one-year grace period. In the event the equipment quoted in the Scope of Work becomes unavailable, this Agreement is voidable by the Company with written notice delivered to the Customer prior to the start of the installation. Any deposit monies collected for work that has not been performed will be returned to Customer or upon Customer approval of a revised Scope of Work, applied as a deposit towards the installation.
By signing or electronically approving this Agreement, Customer understands and agrees to the above stated Scope of Work and equipment options, hereby waives the three day right of rescission and authorizes Company to proceed with the Scope of Work on a date agreed to by Company and Customer in writing. Customer also agrees to pay the remaining balance immediately upon completion of the Scope of Work. If completion is delayed by Customer, a third party acting on behalf of Customer, weather, illness, or any entity or agency, payment will not be delayed to Company for the portion of the work that has been completed, and the final balance will be paid upon job completion, but no later than 10 days after project start date. Non-payment by the Customer of any amount due voids all warranties and/or guarantees. Payments made by check may be processed electronically. Checks returned unpaid may be re-presented electronically and a processing fee of $35.00 will be added. Further collection actions as allowed by law will be taken for any payment or fees that remain unpaid.
If Customer is utilizing financing options presented by Company, Customer agrees to comply with all financing company requirements before and after the installation. This may include, but is not limited to, timely signing of all documents required to complete the financing and subsequent funding of the agreed upon amount to Company for the work completed.
Disclaimer
COMPANY RETAINS OWNERSHIP TO EQUIPMENT & MATERIALS FURNISHED UNTIL FINAL PAYMENT IS MADE. IF PAYMENT IS NOT MADE AS AGREED, COMPANY CAN AND WILL REMOVE SAID EQUIPMENT & MATERIALS AT COMPANY’S EXPENSE. ANY DAMAGE RESULTING FROM SAID REMOVAL SHALL NOT BE THE RESPONSIBILITY OF COMPANY. COMPANY WILL NOT RE-INSTALL OR REPAIR ORIGINAL EQUIPMENT OR PARTS THAT WERE REMOVED OR DISABLED.
LIMITED LIABILITY
When existing HVAC or plumbing equipment is removed and new equipment installed, there may be a noticeable difference in size, shape, weight or location of the new equipment. This can create aesthetic issues, including but not limited to, discolored or missing paint/wall covering on areas not previously exposed, or missing/damaged floor covering. When equipment is installed in attic locations, there is the possibility of movement in joists and drywall which can result in stress cracking in the ceiling and walls or shifting of lighting fixtures. When equipment is moved in and out of the property, there can be additional stress put on stairs and walkways. This proposal does not include, and Company is not responsible to correct any aesthetic or other issues created by additional weight and movement in the attic, stairway, or any other areas, the difference in size, shape, weight or location of new equipment, any repair of drywall, paint, flooring, lighting or other remodel issues that result from equipment replacement. Customer is advised to cover or remove any items that could be damaged as a result of the Scope of Work being completed.
When new HVAC or plumbing equipment is installed, the amount of pressure created in the existing pipes and/or ductwork may be different. This can create or bring awareness to sounds, leaks or other issues not previously known to Customer or Company. Company is not liable for the condition of pre-existing wiring, pipes or ductwork, or for any sounds, air leaks, water leaks or damage resulting from leaks in pre-existing pipes or ductwork that may occur before, during, or after new equipment installation. Should Company become aware of any problems with anything pre-existing including but not limited to currently installed equipment, appliances, pipes, ductwork, chimney, flue, roof, or electrical systems during the installation process, this will be bought to the Customer’s attention in a timely manner, along with an additional repair estimate to correct the newly found issues (if the needed repairs are within the scope of the Company’s customary services – otherwise Customer will need to contract with a third party).
When existing HVAC or plumbing components are uninstalled or disconnected from an existing system and then re-installed or connected to new equipment, there may be differences in the resulting operation of the existing component(s). Company makes no warranty or guarantee on the current condition of or the resulting operational function of the re-installed/re-connected equipment. There are inherent risks involved with removing/re-installing/re-connecting any component (especially aged, damaged or neglected equipment). Company will use caution and reasonable care in the handling of existing components. Company is not liable for any component that becomes or is found to be non-operational during the normal course of the removal and re-installation process.
Limited Warranty: All materials, parts and equipment are warranted by the manufacturer's written warranty only. All installation labor performed by the Company is covered for one year (or as otherwise indicated above in writing) by the Company’s Limited Labor Warranty. Quality West Services, LLC makes no other warranties, express or implied, and its agents or technicians are not authorized to make any such warranties on behalf of the Company. Any issues related to the workmanship of the installation must be brought to the attention of Company within one year of installation to be covered under said warranty, regardless of the length of any additional labor warranties included or purchased. The Limited Labor Warranty is non-transferable and is only valid for original purchaser while purchaser owns the property and for equipment installed in the original location. The Limited Labor Warranty details are available on Company website at www.QualityWestServices.com or upon request from Company.
CUSTOMER RESPONSIBILITIES
Customer is responsible for any additional work not specified herein but which may become necessary as the job progresses, including, but not limited to, repair or replacement of chimney liner, installation of floor drain, drywall repair, painting, and any changes ordered by City/County building inspector in order to satisfy local building code requirements. Unless otherwise specified, this Agreement does NOT provide for any upgrades of electrical service.
For manufacturer’s warranties to be valid, Customer is required to register their new equipment with the respective manufacturer within the time specified in the equipment manual or warranty documentation. If customer fails to complete the timely registration, the warranties may be reduced or limited. Company will assist with equipment registration upon written request by Customer.
Customer is required to maintain the new equipment as recommended by the manufacturer for the labor and parts warranties to remain in effect. Required maintenance includes but is not limited to annual servicing by a licensed HVAC technician and, if applicable, filter replacement as recommended by manufacturer (typically every 30 days). Proof of maintenance and original purchase document will be required should a dispute in coverage arise. Any service, repair or modification (other than filter replacement) performed by a third party or Customer, has the potential of limiting or voiding all warranties at the discretion of the manufacturer and/or Company. Please see the manufacturer’s use and care guides for the specific requirements for the equipment. Warranties DO NOT cover the cost of regular maintenance on the equipment or service/repair costs due to lack of maintenance, damage, improper use, or operator error. All warranties are limited to original purchaser and in the original installation location.
Customer is required to schedule and be available for the City/County building department to inspect any work that Company performs under a City/County building permit. If inspections are not scheduled by Customer prior to permit expiration date, Customer will be responsible to pay for any permit extension or reissue fees charged by the municipality. Company will assist Customer with scheduling the inspection at the request of the Customer.
Rebates / Tax Incentives: Qualifications, requirements, amounts and availability are subject to change at any time. Information provided by Company is intended to be reliable but is not guaranteed and should be independently verified by Customer. Customer is advised to consult the utility company, tax authorities, and/or rebate program representatives to verify all information. Company is currently a registered Trade Partner of Xcel Energy and is authorized to offer rebates (as applicable) from Xcel Energy, Denver Climate Action, and the State of Colorado Heat Pump Tax Credit. At the discretion of Company, some rebates/incentives may be provided as an “instant rebate” only when indicated as such and calculated into the Scope of Work. If not specifically included as an instant rebate, Company will submit the Xcel Energy rebate application on behalf of the Customer and Customer will receive the rebate directly from Xcel Energy per the program guidelines (allow up to 12 weeks). Customer is advised to consult a tax professional for assistance with filing for any tax credits.
Insurance and Damages: Company shall maintain workers’ compensation and liability insurance AS REQUIRED BY LAW. Any damage to Customer's property suspected to be caused by employee of Company shall be reported in writing IMMEDIATELY to Company along with appropriate photos and documentation. Customer agrees to allow a Company representative to investigate the damage and if damage is determined to be the fault of Company, to allow Company to properly clean/repair/replace the damaged item(s) in lieu of filing an insurance claim if reasonably appropriate for the circumstances of the damage.
Mediation: Prior to litigating any dispute arising out of this agreement, customer agrees to mediate and/or arbitrate said dispute through the dispute resolution program offered by the Better Business Bureau® serving Denver/Boulder (BBB). By agreeing to submit any dispute arising out of this agreement, customer agrees that no dispute shall be submitted to arbitration prior to the exhaustion of informal grievance procedures traditionally used by the BBB. Customer further understands that the arbitrator’s decision is legally binding on all parties involved in the dispute.
Governing Law: This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.
MISCELLANEOUS
The Customer hereby grants permission for the Company to capture before and after photos and/or video of the work area. These photos and/or videos are primarily for internal documentation purposes, however, may be used by the Company for marketing purposes so long as no personally identifiable details are present in the images.
No Waiver: The failure of Company to insist upon the performance of any of the terms and/or conditions of this agreement, or the waiver of any breach of any of the terms and/or conditions of this agreement, shall not be construed as thereafter waiving any such terms and/or conditions of future breach, but the same shall continue and remain in full force and effect as if no such forbearance had occurred.
ACCEPTANCE
By signing below or accepting this Agreement electronically by clicking the Approve button, Customer hereby acknowledges understanding and agreement to the stated Scope of Work and all Terms and Conditions. Customer also affirms they are the owner of the property where the work is to be performed or has full authority from the owner to contract for the Scope of Work and is the party responsible for payment. There are no other agreements, verbal or written, and any subsequent changes to the Agreement or Scope of Work will be valid when documented in writing and accepted by both Company and Customer.
