1. Equipment, Goods, and Materials
- All equipment, goods, and materials we install are sourced from reputable manufacturers.
- We use our best efforts to obtain from each manufacturer the repair or replacement of items proven defective under the manufacturer’s warranty (copies available upon request).
- Manufacturer warranties are the exclusive remedy for defective equipment, goods, or materials. No other warranties—express or implied—apply, including warranties of merchantability or fitness for a particular purpose.
2. Workmanship Warranty
- We warrant our workmanship to be free from defects for 180 days (six months) from the date of completion of installation.
- This warranty covers only our labor; it does not cover misuse, lack of maintenance, or defects in manufacturer equipment beyond their warranty.
3. Payment Terms
- Customer agrees to pay all sums due in accordance with the payment terms specified in the proposal or invoice.
- A security interest is granted to Kincl Mechanical Services in all equipment, goods, and materials provided until payment is made in full.
- In the event of nonpayment, we reserve the right to suspend services and exercise all rights under the Texas Business & Commerce Code (Uniform Commercial Code).
4. Limitation of Liability
- Our liability for any claim relating to labor, equipment, goods, or materials shall not exceed the price of the specific item or service involved.
- We are not liable for special, incidental, or consequential damages, including lost profits, downtime, or substitute service costs.
- Advice or assistance provided outside the scope of a written contract does not create additional liability.
5. Hazardous Materials (Asbestos/PCB)
- If asbestos or polychlorinated biphenyl (PCB) is encountered, we will immediately stop work and notify the owner in writing.
- Work will not resume until the material is removed or rendered harmless by the owner.
- We are not required to perform asbestos or PCB-related work without prior written consent.
6. Delays and Force Majeure
- Installation dates are estimates and may be delayed by prior orders or circumstances beyond our reasonable control, including fire, labor issues, supply shortages, or economic changes.
- We are not liable for failure to perform or delays caused by such events.
7. Risk of Loss
- Upon delivery of equipment, goods, or materials to the specified address, the customer assumes all risk of loss or damage.
8. Storage and Partial Delivery
- If shipment or completion is delayed at the customer’s request, payment is still due.
- We may store delivered goods at the customer’s risk and expense until installation.
9. Taxes and Extras
- Any applicable sales, use, service, or excise taxes will be added to the contract price and must be paid by the customer.
- Work or materials beyond the original scope will be billed as extras.
10. Working Hours
- Installation will be performed during regular business hours unless otherwise specified in the proposal.
Acceptance
By accepting a proposal, authorizing work, or making payment (in full or in part), the customer acknowledges and agrees to these Terms & Conditions.