Terms and COnditions

 Scope of work and pricing are limited to the items specifically identified in the estimate. Unless stated otherwise, an estimate is based on conditions reasonably observable at the time of evaluation. Unforeseen Conditions, Concealed defects, inaccessible components, code deficiencies, pre-existing damage, improper prior work, hazardous conditions, electrical or plumbing deficiencies, structural issues, or other conditions outside the stated scope may require additional work and charges. Agility HVAC, Inc. will seek customer authorization before performing additional chargeable work when authorization is required.   

Pricing & Materials Quoted  

Pricing assumes the equipment, materials, access, and site conditions stated or reasonably anticipated. Equipment substitutions, manufacturer changes, freight, permits, specialty rentals, or material changes may affect price and will be documented when they change the agreed contract price.  

Service-Related Charges 

When applicable and disclosed, diagnostic/service-call charges, travel, shop and consumable materials, brazing materials, refrigerant, recovery/disposal, permits, freight, equipment rental, and specialty materials may be separately billed unless expressly included in the quoted price.  Customer-Supplied Equipment 

Agility HVAC, Inc. does not provide a manufacturer warranty on customer-supplied equipment, parts, or materials. Additional labor required because customer-supplied items are defective, incompatible, incomplete, or incorrect may be billable, subject to applicable law.  Acceptance By signing or electronically approving the estimate, the customer authorizes Agility HVAC, Inc. to perform the stated work and agrees to the stated pricing, payment terms, and incorporated terms. A separate written residential installation contract will be used when required by Maine law.  

RESIDENTIAL HVAC INSTALLATION CONTRACT - TERMS 

Required Workmanship Warranty "In addition to any additional warranties agreed to by the parties, the contractor warrants that the work will be free from faulty materials; constructed according to the standards of the building code applicable for this location; constructed in a skillful manner and fit for habitation or appropriate use. The warranty rights and remedies set forth in the Maine Uniform Commercial Code apply to this contract."  

Change Orders 

"Any alteration or deviation from the above contractual specifications that results in a revision of the contract price will be executed only upon the parties entering into a written change order".  

Unforeseen / Existing Conditions 

The contract price is based on the stated scope and reasonably observable conditions. Concealed defects, inaccessible components, code deficiencies, hazardous materials, structural conditions, inadequate electrical service, plumbing deficiencies, improper prior work, or other conditions outside the stated scope may require a written change order and additional charges.  

Manufacturer Warranties 

Manufacturer warranties are controlled by the manufacturer's terms, registration requirements, exclusions, and approval. Unless expressly included, manufacturer warranty coverage may not include diagnostic time, labor, travel, refrigerant, shipping, recovery, or related costs. Nothing in this agreement waives rights that cannot legally be waived.  

Scheduling / Delays 

Agility HVAC, Inc. will use reasonable efforts to meet estimated dates but is not responsible for reasonable delays caused by weather, emergencies, material or equipment availability, utility work, inspections, job-site readiness, customer-requested changes, or circumstances beyond its reasonable control.  

Customer Responsibilities 

Customer will provide safe access to the work area, disclose known site hazards, secure pets and personal property as reasonably necessary, and provide access to utilities required for the work. Routine maintenance and manufacturer-required maintenance remain the customer's responsibility unless included in a separate maintenance agreement.  

Permits / Codes / Other Trades 

Permit fees, electrical work, plumbing work, carpentry, structural work, asbestos/lead remediation, utility upgrades, patching/painting, and other work by third parties are included only when specifically stated in the scope. Required work discovered after commencement may be handled by written change order.  

WARRANTY & SERVICE POLICY 

Agility Workmanship Agility HVAC, Inc. stands behind its workmanship and will honor the express workmanship warranty required by applicable Maine law. Any additional Agility workmanship warranty stated on the estimate, contract, or invoice will apply according to its written terms.  Manufacturer Parts & Equipment 

Equipment and parts may carry separate manufacturer warranties. Those warranties are provided by the manufacturer, not Agility HVAC, Inc., and are subject to the manufacturer's registration, maintenance, exclusions, transfer, and claim requirements.  

Warranty Service Charges 

A manufacturer's approval of a replacement part does not necessarily cover Agility's diagnostic time, labor, travel, refrigerant, freight, recovery, disposal, or other service costs. Charges not covered by the manufacturer may be billed to the customer when permitted by law and disclosed in the applicable agreement.  Maintenance Warranty coverage may depend on proper installation, operation, and maintenance. Customers are responsible for filter replacement/cleaning, maintaining airflow and clearances, and manufacturer-required maintenance unless those services are included in a written Agility maintenance agreement.  

Pre-Existing / Unrelated Conditions 

Warranty coverage does not convert unrelated pre-existing conditions, improper prior work, building deficiencies, utility problems, or failures of components outside Agility's work into Agility warranty obligations. This provision does not limit rights or remedies that cannot legally be limited.  Customer-Supplied Equipment 

Agility does not provide a manufacturer warranty for customer-supplied equipment or materials. Labor associated with customer-supplied products may be chargeable unless otherwise agreed in writing or required by law.  Warranty Requests Customers should contact Agility HVAC, Inc. promptly at 207-739-0953 with the invoice/contract number, equipment information, and a description of the concern. Agility may need to inspect the system before determining whether the issue is covered.

INVOICE TERMS & PAYMENT POLICY

Service & Repair Calls

Payment is due upon receipt. Diagnostic charges reflect technician time, testing, evaluation, and professional expertise and do not guarantee

that every system deficiency will be identified during the initial visit.

Residential Installations

33% deposit due upon acceptance/signing; 33% due at the start of the project; 34% due upon substantial completion, unless the written

contract states otherwise.

Commercial Accounts

Approved commercial accounts are Net 15, with payment due within fifteen (15) calendar days of the invoice date unless otherwise agreed in

writing.

Past-Due Balances

Past-due balances may be assessed a 1.5% late payment charge, to the extent permitted by applicable law and the applicable agreement.

Any collection costs or other remedies will apply only when authorized by the agreement and applicable law.

Existing Conditions / Additional Failures

Agility HVAC, Inc. is not responsible for pre-existing deficiencies, concealed defects, improper prior installations or repairs, or failures of existing

components unrelated to the work performed, except to the extent responsibility may not legally be excluded. Additional issues discovered

during diagnosis or repair may require additional authorization and charges.

Manufacturer Warranty

Manufacturer warranty coverage is subject to the manufacturer's terms and approval. Labor, diagnostic time, travel, refrigerant, shipping,

recovery, and related charges may not be covered by a manufacturer and may be separately billable when permitted by law.

Non-Waiver of Legal Rights

Nothing in these terms is intended to waive or limit any right, remedy, warranty, or obligation that cannot legally be waived or limited under

applicable Maine or federal law.