Terms and Conditions

1. CUSTOMER’S RESPONSIBILITIES: Customer is responsible for providing water, gas, sewer, and electrical utilities, unless there is a written agreement stating otherwise. It is essential to have electricity and water available on the site. Customer agrees to grant Contractor and Contractor’s equipment access to the property. Customer is responsible for either removing or protecting any personal property at or surrounding the work site. Contractor is not liable for personal property damage, including but not limited to, carpets, drapes, furniture, driveways, lawns, shrubs, etc. Customer will accurately identify and guarantee the property lines to Contractor.
   
2. WARRANTY; MAINTENANCE REQUIREMENT: 

• HVAC INSTALLATION –10-year labor warranty is provided for Goodman, Carrier, Mitsubishi, Trane, and American Standard equipment. 12-year labor warranty is provided for Daikin equipment. All other brands include a 3-year labor warranty only. To ensure proper system performance, manufacturers recommend maintenance beginning the first year after installation. However, to qualify for the extended labor warranty, Contractor requires maintenance beginning the third year following installation. Labor warranties may be extended to match the equipment warranty length if Customer ensures that two (2) maintenance services per year are performed for the first three years by any Washington State licensed HVAC contractor. Labor warranty cannot exceed the manufacturer’s warranty.
• PLUMBING WATER HEATERS AND WATER SOFTENERS INSTALLATION – Hybrid and heat pump water heaters include a 10-year manufacturer warranty. Gas tank water heaters include a 6-year manufacturer warranty. Contractor offers labor warranty options of 1, 6, or 10 years for gas water heaters, 1 or 10 years for hybrid/heat pump models, and 1-year labor warranty for tankless water heaters. For gas models: if a repair under labor warranty cannot be completed within 24 hours, Contractor will replace the unit with a comparable new unit at no additional labor cost, subject to manufacturer availability.
  
• 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.

3. 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.

4. PLANS, SPECIFICATIONS, AND PERMITS: If plans or specifications exist, they become part of this Agreement. Contractor may assist Customer in obtaining necessary permits, but all fees and additional work required by permitting agencies are the Customer’s responsibility and may adjust total project cost.
   
5. SUB CONTRACTORS: Contractor may subcontract portions of the work to properly licensed and qualified subcontractors as permitted under Washington law (RCW 18.27).
   
6. 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.
   
7. 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.
   
8. 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.

9. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state, county and local laws, ordinances, and regulations.
   
10. 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.
    
11. WORKERS’ COMPENSATION INSURANCE: Contractor shall carry Workers’ Compensation Insurance on all its employees and shall furnish Customer satisfactory evidence upon request.
    
12. 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.
    
13. ARBITRATION OF DISPUTES: Any dispute, claim, or controversy arising out of or relating to this Agreement, the work performed, or the interpretation or breach thereof, shall be determined by arbitration in the county of Washington State where the work was performed, before a single arbitrator who shall hold an active license as a Contractor, Architect, Civil Engineer, or Mechanical Engineer in Washington State. Arbitration shall be administered by an agreed-upon arbitration service.
    Judgment on the arbitration award may be entered in any court with jurisdiction.
    This clause does not prevent either party from seeking provisional remedies from a court of competent jurisdiction.
    
14. ATTORNEYS FEES:If it becomes necessary to bring suit or arbitration in connection with this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs as awarded by the court or arbitrator.
    
15. 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.

16. 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. 
    
17. 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.
    
18. 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.

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WASHINGTON STATE CONSTRUCTION LIEN NOTICE (RCW 60.04)

Anyone who performs work to improve your property and is not paid may have a right to claim a Construction Lien against your property under Washington law.
A lien may be recorded by the Contractor, subcontractors, suppliers, or laborers who provide labor, materials, or equipment.

Even if you pay your Contractor in full, if subcontractors or suppliers do not receive payment, they may still file a lien on your property under RCW 60.04.

To protect yourself:

• Request a list of subcontractors and suppliers.
• Do not pay for subcontractor or supplier work until you confirm that those parties have been paid or have waived lien rights.
• Use joint checks when appropriate.

If a valid lien is recorded and remains unpaid, your property may be foreclosed to satisfy the lien amount.

For more information, visit the Washington State Department of Labor & Industries (L&I).

NOTICE OF CANCELLATION (WASHINGTON STATE – RCW 19.86.170)

You may cancel this transaction, without any penalty or obligation, within three (3) business days from the date of signing this Agreement.

If you cancel:

• Any payments made by you will be returned within ten (10) days after Contractor receives your cancellation notice.
• Any property traded in will be returned.
• Any security interests arising from this transaction will be canceled.

If goods were delivered to you, you must make them available to the Contractor in substantially the same condition.
If Contractor does not pick them up within twenty (20) days after cancellation, you may keep or dispose of them without further obligation.

To cancel this transaction mail or deliver a signed and dated copy of this cancellation notice, or any other written notice to: fuseyvr@gmail.com or Contractor at 10265 NE Notchlog Dr, Apt 208, Vancouver WA 98685 not later than midnight of three days following the transaction date.