Website Terms and Conditions Services

Terms & Conditions for all work performed by Eastwood Air Comfort

1. Scope of Agreement: These Terms and Conditions govern all product sales and service projects between you ("Customer") and Eastwood Air Comfort ("Seller"). Any additional or differing terms submitted by the Customer are considered material changes and are hereby rejected. By accepting delivery of products or hiring Eastwood Air Comfort for services, the Customer agrees to be bound by these Terms and Conditions, unless a separate written agreement is in place. If a separate agreement exists, it will take precedence. These Terms and Conditions form a binding contract between the Customer and Eastwood Air Comfort. The current Terms posted on Seller’s website at the time of signing the Installation Proposal will apply unless otherwise agreed upon in writing.
2. Payment Terms: Payments are due as specified in the Installation Proposal. The final payment is required once the work described in the Proposal is substantially completed.
3. Zoning and Permits: The Customer agrees to provide any necessary information for securing plans and permits and ensures that the work complies with applicable zoning and building codes. Any additional work required by authorities to meet code standards is the responsibility of the Customer. Eastwood Air Comfort is not liable for zoning violations.
4. Change Orders: If additional work outside of the Agreement is requested by the Customer, Eastwood Air Comfort may require this work to be treated as a separate contract and may request payment upfront.
5. Work Schedule: The work will be completed within a reasonable time, subject to factors beyond Eastwood Air Comfort’s control, including labor strikes, adverse weather, material shortages, and other unforeseen circumstances.
6. Substitutions: If specified materials are unavailable, Eastwood Air Comfort reserves the right to substitute similar materials without affecting the agreed-upon contract price.
7. Excess Materials: Any leftover materials at the job's completion remain the property of Eastwood Air Comfort, and the company may retrieve them at reasonable times.
8. Supervision of Work: Eastwood Air Comfort will supervise the work, ensuring it is done with reasonable care. The Customer must not interfere with the contractors or subcontractors on-site.
9. Limited Warranty: Eastwood Air Comfort offers a limited warranty on labor and service for the period outlined in the Installation Agreement, starting from the project’s completion. The warranty excludes damage due to normal wear, misuse, weather elements, condensation, and structural issues not related to the new installation. To extend the warranty beyond two years, the Customer must maintain an annual service agreement with Eastwood Air Comfort. The Customer is responsible for any manufacturer-related warranties and paying any transfer fees if the property is sold. Unauthorized repairs void the warranty.
10. Design Conditions: All systems are designed according to the Manual J standard for Denver, CO (e.g., 75°F indoor cooling and 70°F indoor heating). Eastwood Air Comfort is not responsible for performance issues if the Customer provides incorrect information about insulation, ductwork, or structural tightness, or if the system is not sized properly based on existing equipment.
11. Pre-existing Equipment: Eastwood Air Comfort does not take responsibility for the performance of any existing equipment or materials that are not replaced during the installation. The warranty only covers newly installed items and workmanship. The Customer assumes responsibility for any issues arising from pre-existing systems interfering with new equipment.
12. Existing Line Set: If the existing line set fails to meet performance standards, the Customer may be required to replace it at an additional cost. Should the Customer decline this recommendation, the warranty will be void.
13. Existing Gas Pipe: Eastwood Air Comfort is not liable for issues with pre-existing gas piping, which may incur additional costs if repairs or pressure testing are required.
14. Repairs & Patching: Any repairs or cosmetic patchwork (e.g., painting) needed after installation are the Customer’s responsibility and are not covered by Eastwood Air Comfort.
15. Customer’s Property: Eastwood Air Comfort is not liable for damage to personal property left in or near the project area.
16. Attic Access: If existing attic stairs are unsafe for use during equipment removal or installation, alternative methods may be required. Eastwood Air Comfort is not responsible for damages to attic stairs or property caused by their removal.
17. Mold: Mold remediation is not included in the scope of work. Eastwood Air Comfort will pause work if mold or hazardous materials are discovered until they are removed.
18. Insurance & Waiver of Subrogation: The Customer is required to maintain property insurance covering the structure and the work being performed. Both Eastwood Air Comfort and the Customer waive the right to claim against each other for damages covered by such insurance, regardless of fault.
19. Indemnification: The Customer agrees to indemnify and hold Eastwood Air Comfort, its employees, agents, and subcontractors harmless from any claims or liabilities arising from personal injury, property damage, or failure to comply with this Agreement, except where caused by Eastwood Air Comfort’s sole negligence.
20. Risk of Loss: Once materials are delivered to the Customer’s property, the Customer assumes responsibility for any loss or damage due to fire, theft, or vandalism. The Customer should have appropriate insurance coverage for such risks.
21. Severability: If any part of this Agreement is found to be unenforceable, the remaining provisions will remain in effect.
22. Termination: Eastwood Air Comfort may terminate this Agreement if the Customer fails to meet their obligations or if the ability to complete the project is compromised. In such cases, Eastwood Air Comfort retains the right to payment for completed work and any associated costs.
23. Collections: Late payments are subject to a 2% monthly interest charge. If collection efforts are necessary, the Customer agrees to cover all associated costs, including attorney fees and court expenses.
24. Entire Agreement: This document represents the full agreement between Eastwood Air Comfort and the Customer. No other agreements or promises, unless written and signed, are binding.
25. Right to Cancel: The Customer may cancel this contract within three business days from the transaction date.