Terms and Conditions

---

The following Terms and Conditions of product sales and service projects ("Agreement") are applicable to all transactions involving YYC Heating & Cooling Pros ("Seller") and its customers ("Customer"). By accepting delivery of products or engaging Seller to provide products or services, Customer agrees to be bound by and accept these Terms and Conditions.

Seller reserves the right to update these Terms and Conditions without prior notice, and the version available on Seller's website at the time of engagement will govern.

PAYMENT TERMS

Customer agrees to adhere to the payment terms outlined in the Installation Proposal. Final payment becomes due upon substantial completion of the work specified in the Installation Proposal.

If Customer fails to perform their obligations or payment prospects are impaired, Seller may terminate the Agreement with seven days' notice, retaining mechanic's lien rights and the right to payment for completed work.

Late payments accrue a fifteen percent (15%) interest fee. Customer is considered to have accepted Seller's performance as complete unless written notice to the contrary is provided within seven (7) days of substantial completion. Customer is responsible for costs associated with collection efforts, including attorney fees and court costs.

ZONING AND PERMITS

The customer is responsible for providing all necessary information to obtain permits and ensuring compliance with zoning, classification, and building codes. If necessary, the customer is responsible for covering the costs associated with bringing the work into compliance with applicable codes. Permits can be obtained by the seller at an additional cost, as detailed in the Installation Proposal.

CHANGE ORDERS

Any extra work requested by Customer during the project may be considered a separate agreement, and payment may be required in advance for such work. Any changes to the scope of work will be documented in a Change Order and must be mutually agreed upon by both parties.

WORK SCHEDULE

Seller will make reasonable efforts to complete the work within a reasonable timeframe. Unforeseen events such as labor strikes, natural disasters, adverse weather conditions, and supply chain disruptions beyond Seller's control may affect project timelines. Seller will communicate any delays to the Customer promptly.

SUBSTITUTIONS

If Seller is unable to obtain specified materials, Seller reserves the right to substitute comparable materials without affecting the Contract Price, provided the substitutions do not compromise the quality or functionality of the project.

SUPERVISION RESPONSIBILITY

Seller is responsible for supervising and directing work at Customer's property, using reasonable skill and attention. Customer should not interfere with Seller's workforces or subcontractors.

LIMITED WARRANTY

Seller provides a limited warranty on service and labor for a specified duration, commencing on the date of service completion. This warranty covers defects in workmanship and materials. Limitations and exclusions may apply, as outlined in the warranty terms agreed upon in the Installation Agreement/Invoice. Customer is responsible for maintaining yearly service agreements, and warranty coverage is contingent on such agreements.

DESIGN CONDITIONS

Equipment is designed based on specified conditions. Seller is not responsible for issues arising from factors beyond the design parameters, including inaccuracies in the load calculation due to incorrect information provided by Customer. It is the Customer's responsibility to provide accurate information.

PERFORMANCE OR CONDITION OF EXISTING EQUIPMENT

Seller is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, or materials not replaced during installation. Warranty coverage is limited to newly installed equipment and controls.

EXISTING LINE SET

Seller is not responsible for problems with heating or cooling related to the existing line set. Seller may recommend line set replacement, and the warranty is voided if Customer rejects this recommendation. The decision to replace the line set will be documented in writing.

EXISTING GAS PIPE

Seller is not responsible for the condition of existing gas pipes. Customer is responsible for any additional costs related to pressure testing and repairs, if necessary. Any recommendations for gas pipe repairs or replacements will be documented in writing.

PAINT, PATCHWORK, AND REPAIRS

Seller is not responsible for any painting, patchwork, or repair work required after modification or installation. Any such work will be documented separately in the Installation Proposal.

PERSONAL PROPERTY

Seller is not responsible for damage to Customer's personal property near the project area. Customer is advised to safeguard their personal property during the project.

EXISTING ATTIC ACCESS STAIRS

If existing stairs cannot be safely used for equipment installation, an alternate method may be required. Seller is not responsible for replacing or repairing attic steps or any resulting property damage. Any requirements for attic access will be discussed and documented.

MOLD

Mold-related claims or damages are excluded from Seller's scope of work, and work may stop until mold or hazardous materials are removed. Any concerns or discoveries related to mold will be communicated to the Customer.

INSURANCE AND WAIVER OF SUBROGATION

Customer must maintain property insurance covering the work to be performed, and both Customer and Seller waive rights against each other for damages caused by insured perils, except in cases of Seller's sole negligence or intentional misconduct. Proof of insurance may be requested by Seller.

INDEMNIFICATION

Customer agrees to indemnify and hold Seller and its affiliates harmless from various liabilities and claims, except for those solely caused by Seller's negligence or misconduct. The scope of indemnification will be clearly defined in the Agreement.

RISK OF LOSS

The risk of loss passes to Customer upon delivery of materials and equipment. Customer is responsible for insuring against loss due to fire, theft, vandalism, or malicious mischief.

SEVERABILITY

If any part of this Agreement is deemed void or unenforceable, the invalid portion will be stricken while the remainder remains valid and enforceable.

EXCESS MATERIALS

Excess materials left on the premises upon project completion become the property of Seller, and Seller may remove them at reasonable hours. The handling of excess materials will be specified in the Installation Proposal.

ENTIRE AGREEMENT

This Agreement represents the entire understanding between Customer and Seller, and any additional agreements must be in writing and signed by both parties to be binding. Amendments or additions to this Agreement will be documented in writing and agreed upon by both parties.

These changes and additions should help make the terms and conditions more comprehensive and clear for both YYC Heating & Cooling Pros and its customers. However, it's advisable to consult with a legal professional to ensure that the updated terms comply with applicable laws and regulations in Calgary.

ADDITIONAL WORK AND UNFORESEEN CIRCUMSTANCES

In the event that additional work or unforeseen circumstances arise during the course of the project that were not accounted for in the original Installation Proposal, the following procedures will apply:

1. Notification: If Seller discovers any missing or unforeseen work that is necessary for the successful completion of the project, Seller will promptly notify the Customer in writing. The notice will include a description of the additional work or circumstances, the reasons for their necessity, and an estimate of the additional time and cost required.
2. Customer Approval: Upon receiving the notice, the Customer shall review and approve or reject the proposed additional work and associated costs in writing. If Customer approves, the additional work will be added to the project scope and a mutually agreed-upon adjustment to the contract price and completion timeline will be documented.
3. Rejection: If the Customer rejects the proposed additional work or unforeseen circumstances, Seller shall proceed with the project as originally agreed upon, and the rejected work or circumstances will not be addressed. Any disputes arising from the rejection will be resolved in accordance with the dispute resolution process outlined in these Terms and Conditions.
4. Unforeseen Circumstances: In cases of unforeseen circumstances, such as latent defects or hidden conditions, that could not have been reasonably foreseen during the initial assessment, Seller and Customer will cooperate to address these issues in a fair and equitable manner.

By including this section, you ensure that both parties have a clear process to follow when encountering missing or unforeseen work, helping to prevent disputes and maintain a transparent working relationship. However, it's always advisable to consult with legal counsel to ensure that the language and procedures meet the specific needs and legal requirements in your area.

COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS

YYC Heating & Cooling Pros and the Customer hereby acknowledge and affirm their commitment to compliance with all applicable laws and regulations in the City of Calgary and the Province of Alberta. Both parties agree to adhere to any local, provincial, or federal laws, codes, and regulations that pertain to the products, services, and projects outlined in this Agreement.

In the event that any term or provision of this Agreement is found to be in conflict with any law or regulation, the parties shall work together in good faith to amend the Agreement as necessary to ensure compliance with the law or regulation, while preserving the intent of the Agreement to the maximum extent possible.

This Agreement is executed with the understanding that all parties will act in accordance with the law and that any necessary modifications to this Agreement will be made to ensure full compliance with applicable legal requirements.

Including this clause demonstrates the commitment of both parties to comply with the law and shows that they are willing to adapt the Agreement if needed to ensure legal compliance. However, it is essential to consult with a legal professional to verify that the terms of the Agreement are in full compliance with current local laws and regulations in Calgary.

HVAC REPAIR WARRANTIES

1. Warranty Period: YYC Heating & Cooling Pros ("Seller") provides a warranty on HVAC repair services rendered for a specified duration, commencing from the date of service completion. The exact warranty period will be outlined in the Installation Agreement/Invoice or on the work order.
2. Warranty Coverage: The warranty covers defects in workmanship and materials related to the specific repair service performed. Any limitations, exclusions, or specific warranty terms will be detailed in the written documentation provided to the Customer at the time of service.
3. Notification of Issues: In the event that the Customer encounters any issues related to the HVAC repair service provided by Seller during the warranty period, the Customer shall promptly notify Seller in writing. Seller will endeavor to address and resolve the issue within a reasonable time.
4. Exclusions: The warranty for HVAC repair does not cover issues arising from factors beyond the scope of the specific repair work, including but not limited to issues with equipment or components not directly addressed in the repair service. Any exclusions or limitations on warranty coverage will be clearly communicated to the Customer in advance.
5. Maintenance Requirement: To maintain warranty coverage, the Customer may be required to adhere to recommended maintenance schedules and service agreements as outlined by Seller. Failure to do so may void the warranty.
6. Warranty Transfer: The warranty provided is typically non-transferable and applicable only to the Customer who initially requested the HVAC repair service. Any requests for warranty transfer must be submitted in writing and approved by Seller.
7. Repair Verification: Seller reserves the right to inspect and verify any issues reported by the Customer before proceeding with warranty repairs. If the issue is found to be unrelated to the original repair service, any associated costs may be borne by the Customer.

This section outlines the key points of the HVAC repair warranty, including the warranty period, coverage, maintenance requirements, and conditions for warranty transfer. It's essential to provide clear and transparent terms to ensure both the Seller and Customer understand their rights and obligations regarding HVAC repair warranties. However, always consult with a legal professional to ensure that your specific warranty terms comply with local laws and regulations.