SCOPE OF TERMS AND CONDITIONS:

The terms and conditions of product sales and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products, making any amount of payment in any form to J&M Mechanical LLC, or by engaging J&M Mechanical LLC (“Seller) to provide product(s) or perform or produce any services, Customer agrees to be bound by and accepts these Terms and Conditions. These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either “Terms and Conditions” or this “Agreement.” The customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or Engaging Seller to perform or procure any services. These Terms and Conditions are subject to change without prior notice without prior notice, except that the Terms and Conditions posted on Seller’s Site at the time Customer accepts deliver of product, makes any amount of payment in any form to J&M Mechanical LLC, or by engaging J&M Mechanical LLC to provide products or perform or produce any services, will govern, unless otherwise agreed in writing by J&M Mechanical LLC and Customer.

 

PAYMENT TERMS:

J&M Mechanical LLC invoices on a project-by-project basis: Fifty(50)/Forty(40)/Ten(10) – 50% of total project cost initial investment, 40% of total project cost due upon completion of rough-in, and 10% remainder of total project cost due upon completion of project. Fifty(50)/Fifty(50) – 50% of total project cost initial investment, and 50% remainder of total project cost due upon completion of project. One hundred(100) – 100% of total project cost due upon completion of project. J&M Mechanical LLC reserves the right to choose the payment terms on a project-by-project basis and agrees to clearly communicate the payment terms within the bidding project and will be clearly stated in the estimate provided to the Customer. All invoices are DUE ON RECEIPT. If amounts owing under this Agreement are not paid within thirty (30) days, Customer agrees to pay a late charge on any outstanding balance at five percent (5%) per month or sixty percent (60%) per annum on the unpaid amount calculated from the date payment was due. Customer will be deemed to have accepted Seller’s performance as complete under this Agreement unless Customer notified Seller in writing otherwise within fourteen (14) days of completion. J&M Mechanical LLC will seek all necessary collection practices. Should J&M Mechanical LLC retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owing, Customer agrees to pay J&M Mechanical LLC’s costs associated therewith including without limitation reasonable attorneys’ fees, court costs, and interest at the maximum legal rate.

 

ZONING AND PERMITS:

Customer agrees to timely furnish all information necessary to secure plans and permits for the work called for under these Terms and Conditions, and Customer warrants the work contracted for to follow applicable zoning, classification and building codes. Any costs for work not in the Estimate but required by lawful authorities to bring the work into compliance with applicable code shall be the responsibility of the Customer. J&M Mechanical LLC assumes NO responsibility and shall not be held liable for any violations for zoning rules/laws.

 

CHANGE ORDERS:

During the progress of the work under these Terms and Conditions, if Customer should order extra work not specified in the originally agreed upon Estimate/Agreement, J&M Mechanical LLC requires such extra work to be considered an agreement separate and aside from the original Estimate/Agreement and will require additional costs for said extra work IN ADVANCE to the work beginning.

 

WORK SCHEDULE:

J&M Mechanical LLC agrees to complete the project within a reasonable amount of time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions no reasonably anticipated, unusual delays in transportation, delay J&M Mechanical LLC’s ability to obtain materials that are out of it’s control, and/or any cause beyond J&M Mechanical LLC’s control.

 

SUBSTITUTIONS:

Should J&M Mechanical LLC be unable to obtain any material(s) specified in the Agreement or any Change Order, J&M Mechanical LLC shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the Contract Price. Any substitutions will be discussed and clearly communicated to the Customer prior to completion.

 

WARRANTY:

 

J&M Mechanical LLC offers a 5-year limited Workmanship Warranty on all work provided, beginning on the date of completion of services, against defects in the quality of workmanship. Any faults in system functionality due to J&M Mechanical LLC’s faulty workmanship or negligence will be covered by J&M Mechanical LLC’s 5-year limited Workmanship Warranty from the date of project completion. Any reports of faulty equipment or faults in system functionality will be reviewed by J&M Mechanical LLC before being covered by their 5-year limited Workmanship Warranty. The Customer agrees that it is within J&M Mechanical LLC’s sole discretion whether the given circumstance is covered or not covered by J&M Mechanical LLC’s 5-year limited Workmanship Warranty.

                Customer agrees that J&M Mechanical LLC shall not be held liable during or following the 5-year Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures; (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; € conditions resulting from condensation on, or expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. Customer is responsible to pay $150 fee to transfer the existing warranty to a new customer within 90 days of closing.

                J&M Mechanical LLC agrees to uphold all Factory Warranties on any materials or equipment installed by them, within reason. If, for any reason, the Factory Warranty is not active or void, J&M Mechanical LLC will not honor it, and shall NOT be held liable for any damages to the faulty equipment or caused by the faulty equipment.

                Under no circumstances shall J&M Mechanical LLC be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs/attempted repairs or disturbance of equipment shall VOID any warranties offered by J&M Mechanical LLC entirely.

 

PERFORMANCE OR CONDITION OF EXISTING EQUIPMENT:

J&M Mechanical LLC is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.

 

PAINT, PATCHWORK, AND REPAIRS:

J&M Mechanical LLC is NOT responsible for any painting, patchwork, or repair work that may be required following modification/installation work. It is the Customer's responsibility to incur the cost of any painting, patchwork, or repair work that may be required prior to the project. (Example: Inability to gain access to an attic space, cutting a new attic access in sheetrock/drywall may be necessary. J&M Mechanical LLC shall not be held liable for repairing sheetrock/drywall, paint, etc.) J&M Mechanical LLC agrees to communicate any potential foreseen disturbances to existing finishes and will try to avoid damages within their control.

 

 

PERSONAL PROPERTY:

J&M Mechanical LLC is NOT responsible for damages to any Customer’s personal property left in or near the project area.

 

HAZARDOUS MATERIALS:

J&M Mechanical LLC shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to mold. The discovery and/or removal of any mold or hazardous materials and/or situations is excluded from the scope of J&M Mechanical LLC’s work, and J&M Mechanical LLC reserves the right to stop work until such mold or hazardous materials/situations are removed. (Hazardous materials/situations will be defined by J&M Mechanical LLC’s sole discretion) Any sum of payment already made to J&M Mechanical LLC WILL NOT be refunded in the event that J&M Mechanical LLC chooses to cease work due to mold or hazardous materials/situations. In the event that J&M Mechanical LLC chooses to cease work due to mold or hazardous materials/situations, Customer understands and agrees that J&M Mechanical LLC WILL NOT resume work until they receive, in writing, notifications from a licensed professional in hazardous material, that the situation is no longer hazardous and all J&M Mechanical LLC’s staff and affiliates can safely return to the project.

 

INSURANCE AND WAIVER OF SUBROGATION:

Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall insure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and J&M Mechanical LLC waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto.

 

INDEMNIFICATION:

 Customer shall indemnify, defend, and hold harmless J&M Mechanical LLC and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney's fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of J&M Mechanical LLC; and (b) any failure of the Customer to comply with the requirements of the Agreement.

 

RISK OF LOSS:

Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property. J&M Mechanical LLC shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to Customer’s Property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.

 

SEVERABILITY:

Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.

 

PERFORMANCE:

If Customer fails to perform any of Customer’s obligations herein or if J&M Mechanical LLC, in good faith, believes that the prospect of payment or performance to be impaired, J&M Mechanical LLC may upon seven (7) days written notice to Customer terminate this Agreement while retaining all mechanic’s lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys’ fees, and other charges due and unpaid.

 

COMPLETE TERMS AND CONDITIONS:

These Terms and Conditions constitute the entire agreement between Customer and J&M Mechanical LLC. No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties.