These Terms and Conditions (“Agreement”) govern the relationship between ASP Engineering, Inc. (the “Contractor”) and the customer (“Customer”) regarding services provided. By engaging ASP Engineering, Inc., the Customer agrees to these terms.
1. CUSTOMER’S RESPONSIBILITIES
The Customer is responsible for:
- Providing water, gas, sewer, and electrical utilities unless otherwise agreed upon in writing. Electricity and water must be available on-site.
- Allowing access for the Contractor’s personnel and equipment to the property.
- Removing or protecting personal property around the work site. The Contractor is not liable for damage to personal property, including but not limited to carpets, drapes, furniture, driveways, lawns, shrubs, etc.
- Ensuring accurate identification of property lines.
2. WARRANTY AND MAINTENANCE REQUIREMENTS
The Contractor provides the following warranties:
- HVAC Installation: 1-year labor warranty. Equipment warranties are provided by the manufacturer.
- Refrigeration Equipment Installation: 1-year labor warranty. Manufacturer warranties apply to equipment and parts.
- Other Installations: 1-year labor warranty. Manufacturer warranties apply to equipment and parts.
Repairs or maintenance performed by parties other than the Contractor may void these warranties.
3. EXTRA WORK AND CHANGE ORDERS
Any modifications to the agreed-upon scope of work must be documented in a written and signed change order, including:
- Additional work details.
- Cost adjustments.
- Changes to the project timeline.
The Contractor will not perform extra work without prior written approval.
4. PLANS, SPECIFICATIONS, AND PERMITS
- Plans and specifications, if applicable, will be attached to the Agreement.
- The Contractor may assist in obtaining necessary permits. Additional work required by permit authorities will be treated as a change order, potentially increasing project costs.
5. SUBCONTRACTORS
The Contractor may subcontract portions of the work to properly licensed and qualified subcontractors.
6. CLEAN-UP
Upon project completion, the Contractor will remove debris and surplus materials, leaving the work site in a clean and orderly condition.
7. DELAY AND/OR INTERRUPTION OF SERVICES
Services may be delayed or interrupted due to factors beyond the Contractor’s control, including:
- Material shortages.
- Strikes or labor disputes.
- Weather conditions.
- Acts of God or government regulations.
The Contractor is not liable for delays under such circumstances.
8. FEES, TAXES, AND ASSESSMENTS
The Customer is responsible for all applicable taxes, fees, and permit costs. The Contractor may assist in obtaining permits, with costs borne by the Customer. In case of non-payment, the Contractor reserves the right to pursue debt collection, with all related costs charged to the Customer.
9. COMPLIANCE WITH LAWS
The Contractor will comply with all applicable federal, state, and local laws and regulations during the course of work.
10. COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)
The Contractor maintains commercial general liability insurance. Details are available upon request.
11. WORKERS’ COMPENSATION INSURANCE
The Contractor provides workers’ compensation insurance for all employees. Proof of insurance is available upon request.
12. CUSTOMER’S INSURANCE
The Customer is encouraged to maintain fire, vandalism, and theft insurance during the project. Damage due to unforeseen events will require separate repair charges.
13. ARBITRATION OF DISPUTES
All disputes arising from this Agreement will be resolved through arbitration in accordance with the laws of the state where the project is located.
14. ATTORNEYS’ FEES
In any legal dispute arising from this Agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees and associated costs.
15. LIMITATIONS
No legal action related to this Agreement may be initiated more than two (2) years after the completion or cessation of work.
16. RIGHT TO STOP WORK
The Contractor reserves the right to suspend work in the event of non-payment. Work will resume only after all outstanding payments have been received in full.
17. RIGHT TO CURE
If the Customer identifies deficiencies in the work, the Contractor must be given the opportunity to address the issue within ten (10) days of receiving written notice.
18. SCOPE OF AGREEMENT
This Agreement represents the entire understanding between the Customer and the Contractor. Any modifications must be documented in writing and signed by both parties.
TERMS AND CONDITIONS FOR SMS COMMUNICATION
- Program Description: By subscribing to our SMS notifications, the Customer agrees to receive promotional, transactional, and informational text messages from ASP Engineering, Inc.
- Opt-In Method:
You may opt-in to receive SMS messages from ASP Engineering, Inc. by submitting an online form - Consent: By opting into our SMS program, the Customer consents to receive recurring automated text messages at the phone number provided during opt-in. Consent is not a condition of purchase.
- Message Frequency: The Customer may receive up to one (1) message per week. Message frequency may vary.
- Fees: Standard message and data rates may apply. Customers should check with their mobile service providers for details.
- Opt-Out: The Customer can opt out at any time by replying “STOP” to any text message received. After opting out, the Customer will no longer receive SMS messages unless they opt back in.
- Standard Messaging Disclosures:
- Message and data rates may apply.
- You can opt out at any time by texting “STOP.”
- For assistance, text “HELP” or visit our Privacy Policy andTerms and Conditions pages.
- Message frequency may vary.
- Privacy: Customer information is handled in accordance with our Privacy Policy.
- Contact: For any questions or concerns, contact us at aspenghvac@gmail.com or (805) 203-3748.
MECHANIC’S LIEN WARNING
Unpaid contractors, subcontractors, or suppliers may file mechanic’s liens on the Customer’s property. To prevent liens, the Customer should ensure payments are made jointly and obtain a list of subcontractors and suppliers involved in the project.
NOTICE OF CANCELLATION
The Customer has the right to cancel this Agreement within three (3) business days without penalty. However, any maintenance services completed before cancellation will incur a fee of $89 per visit.
Cancellation requests must be submitted in writing to:
ASP Engineering, Inc.
27416 Rondell Street, Agoura Hills, CA 91301
Email: aspenghvac@gmail.com