Terms and Conditions
Coastal Eco Heating & Air INC
1. Definitions
"Customer" refers to the individual or entity purchasing goods or services.
"Seller" refers to Coastal Eco Heating & Air INC.
"Goods" and "Services" refer to any HVAC systems, components, equipment, labor, consulting, maintenance, repairs, diagnostics, or building performance services provided by Seller.
2. Acceptance of Terms
By accepting or signing any estimate, proposal, invoice, or agreement—whether electronically, verbally, digitally, in writing, or through performance—Customer agrees to these Terms and Conditions in full.
Acceptance may be conveyed via signature, email, text, oral approval, payment, or allowing work to commence.
Once work begins, cancellation or changes require Seller's written approval and are subject to charges for labor, materials, restocking, and overhead.
Non-payment is a breach of contract and may result in legal action, mechanics lien filings, and recovery of damages, interest, attorney fees, and court costs.
3. Payment Terms
Unless otherwise agreed in writing, all balances are due in full upon completion of work, delivery of goods, or as specified in the estimate, proposal, or invoice.
Seller reserves the right to require deposits, progress payments, or full prepayment at its sole discretion.
All prices reflect a cash/ACH/check discount. Credit card payments may incur a processing fee of up to 4.2%, disclosed in advance in compliance with applicable law.
If payment is not received within 10 calendar days, interest will accrue at 1.5% per month (18% annually) or the highest rate allowed by Texas law.
Payments more than 30 days late may result in suspension of service, warranty hold, lien filings, and/or legal collection.
Customer is responsible for all costs of enforcement including legal fees, lien fees, administrative charges, collection agency costs, and post-judgment interest.
Returned checks or failed ACH will incur a $50 fee or the maximum permitted by law.
Seller retains ownership of all installed equipment until full payment is received.
Partial payments do not waive Seller's lien rights or legal remedies.
Final payment constitutes acceptance of completed work unless a defect is reported in writing within 3 business days of completion.
4. Estimates and Pricing
All estimates and pricing are based on site conditions and information available at the time of assessment.
Estimates are non-binding and subject to change due to labor rates, material costs, code updates, manufacturer changes, or unforeseen conditions.
Final pricing may vary depending on system access, performance issues, or concealed damage.
Seller reserves the right to issue a change order or suspend work if conditions deviate from those originally quoted or if access is impaired.
Customer acknowledges that pricing does not guarantee outcome, performance, or lifespan, unless explicitly stated in writing.
5. Change Orders
All changes to scope, materials, or scheduling must be confirmed in writing via signed change order, email, or text message.
Seller reserves the right to adjust pricing or scheduling due to customer-requested changes or site-related constraints.
Verbal requests may be documented by Seller in writing and treated as valid change orders unless disputed in writing within 24 hours.
Delay in customer approval of proposed changes may result in demobilization or rescheduling at Seller's discretion.
6. Installation, Maintenance & Site Readiness
Customer must ensure the site is accessible, safe, and ready for work, including clear access to HVAC equipment, utility panels, and mechanical areas.
Seller is not responsible for delays due to inaccessible sites, third-party contractors, unsafe conditions, or customer-caused scheduling changes.
Additional fees may apply for return visits, standby time, or rescheduling.
Customer is responsible for securing pets, valuables, and access points.
If site conditions are unsafe or unsanitary, Seller may suspend work without penalty and resume only after the condition is remedied and any related costs are paid.
7. Permits and Code Compliance
Unless otherwise agreed in writing, Customer is responsible for securing required permits, inspections, or approvals.
Seller will perform work in accordance with applicable codes and best practices but is not responsible for changes or interpretations made by inspectors, municipalities, or third-party authorities.
Required upgrades not listed in the estimate—including panel replacements, venting changes, or insulation requirements—will be addressed via change order and invoiced separately.
Permit delays, rejections, or additional code requirements do not relieve Customer of payment for completed work.
8. Warranty – Parts and Labor
Seller warrants its labor for 30 days on repairs and up to one year on new installations, unless otherwise stated in writing.
Parts are warranted per the manufacturer's policy. Warranty claims are limited to the specific part or labor covered; all other components are excluded.
Seller makes no warranty on parts or systems not installed by Seller, and disclaims responsibility for interconnected systems or prior repairs.
If further repairs are needed due to unrelated components, misuse, neglect, or external damage, such work will be charged separately.
Diagnostic visits are billable whether or not a warranty defect is found.
9. Warranty – Extended Plans
Labor warranties may be extended through programs such as JB Warranties or SystemShield, governed by their respective terms and conditions.
Coverage is contingent upon proper, routine maintenance performed by a qualified HVAC provider. Seller may require proof of maintenance to support a warranty claim.
Seller is not responsible for decisions made by third-party warranty providers, and cannot guarantee the approval or scope of any claim.
10. Refrigerant Warranty
Refrigerant is not covered under any warranty unless explicitly stated in writing by Seller.
This includes recharges due to system leaks, equipment defects, or installation-related issues unless caused by Seller's proven negligence.
Refrigerant losses due to existing system degradation, corrosion, or Customer refusal of recommended repairs are not covered.
11. General, Drain & Maintenance Warranty
Preventative maintenance, including drain cleanings and tune-ups, is intended to support ongoing system operation and identify visible issues at the time of service.
These services do not guarantee the mechanical integrity or future performance of HVAC systems or components.
Seller is not liable for issues caused by time, neglect, deferred maintenance, external damage, third-party work, or hidden preexisting conditions.
Customer understands that system wear, drain clogs, and performance issues may recur and are not necessarily due to any defect in Seller's work.
12. System Performance Expectations
Systems are designed using Manual J, industry best practices, and/or information provided by Customer.
Seller does not guarantee specific temperature, humidity, noise, or comfort outcomes due to the influence of uncontrollable variables such as structural leakage, undersized ductwork, building envelope design, and customer usage habits.
High humidity, short cycling, condensation, and mold growth can result from building or occupant-related issues beyond Seller's control.
Customer understands that refusal to approve recommended testing or upgrades may impact system performance and void any performance guarantees.
13. Existing Equipment and Compatibility
Seller is not liable for the failure, incompatibility, or performance of existing components such as ductwork, gas piping, electrical wiring, or thermostats, including when new equipment is connected to or dependent upon those components.
Seller will inform Customer if any existing parts appear incompatible or unsafe.
Customer's refusal to replace such items may result in performance issues, safety risks, or voided warranties.
14. Testing & Reporting Limitations
Diagnostic testing, consulting, and energy audits (e.g., blower door, duct leakage, IAQ) reflect the condition of the building and systems at the time of service.
Seller is not liable for changes occurring after testing, or for conditions that impair accuracy, such as unreported air leaks, weather changes, or obstructed equipment.
Testing and reporting are intended to identify known deficiencies, not to guarantee long-term performance, safety, or energy outcomes.
15. Site Preparation for Testing and Service
Customer must ensure that all equipment and testing areas are accessible, safe, and ready prior to Seller's arrival.
HVAC systems should be idle unless otherwise instructed.
If Seller is unable to perform scheduled testing or service due to site conditions, lack of access, or non-compliance with instructions, additional fees may apply for return visits and lost time.
16. Hazardous Materials & Site Safety
Seller is not licensed for asbestos, vermiculite, lead, or mold remediation and will not handle hazardous materials.
If such conditions are suspected or discovered, Seller may immediately suspend work until remediation is completed and certified by a licensed provider.
Customer is responsible for all costs related to delays or site remediation and agrees to hold Seller harmless from related claims.
Customer must ensure the work area complies with OSHA safety standards and is free of known hazards.
17. Paint, Patchwork, and Personal Property
Seller is not responsible for cosmetic repairs such as painting, drywall, patching, texture, or other aesthetic work unless specifically included in writing.
Customer is responsible for removing or protecting personal belongings from the work area.
Seller is not liable for damage to unattended valuables, furniture, finishes, or non-disclosed utilities located within or behind work areas.
Before-and-after photos may be taken to document site conditions.
18. Data & Documentation Retention
Unless Customer has an active service agreement, Seller is not obligated to retain records, test results, or reports beyond six (6) months from the date of delivery.
Requests for copies or reprints after this period may incur retrieval or administrative fees.
Seller is not liable for lost data, missing documentation, or future misinterpretation of past reports.
19. Customer-Supplied Information & Limitations
Seller relies on Customer-supplied information (square footage, duct specs, insulation values, infiltration levels, equipment models, etc.) for system design and diagnostics.
If such information is inaccurate or incomplete, Seller makes no warranty regarding system performance, efficiency, sizing, or eligibility for rebates, code compliance, or third-party approvals.
Performance or outcome guarantees based on inaccurate or assumed inputs are void.
20. Building Envelope & Moisture Disclaimer
Seller does not guarantee building envelope performance, airtightness, moisture control, or insulation integrity unless explicitly contracted to perform such upgrades.
HVAC equipment alone cannot correct issues caused by structural air leaks, insufficient insulation, poor vapor control, or window performance.
Customer is responsible for addressing envelope-related problems that contribute to discomfort, mold growth, high energy use, or indoor air quality issues.
Seller shall not be held liable for damage or performance loss resulting from uncontrolled infiltration, building defects, or structural leakage.
21. Consulting & Building Science Limitations
Seller's consulting services are based on established building science principles and best practices.
Recommendations are advisory only and not a guarantee of outcome unless implemented directly by Seller.
Seller is not liable for implementation errors, third-party misinterpretation, weather-related impacts, or customer non-compliance.
Building performance is influenced by multiple factors outside Seller's control, including construction quality, air leakage, occupant behavior, and material limitations.
22. Third-Party Work & Subcontractor Disclaimer
Where third parties are engaged to implement Seller's recommendations or specifications, Seller assumes no responsibility for their workmanship, materials, or code compliance.
Seller is not liable for any errors, damages, or defects caused by third-party contractors, subcontractors, or consultants not directly contracted by Seller.
Seller's specifications, drawings, or recommendations do not constitute a warranty or guarantee of outcome unless Seller performs the work directly.
23. Limited Liability
To the fullest extent allowed by law, Seller's total liability for any claim relating to goods or services provided shall not exceed the total amount paid for that specific project.
Seller shall not be liable for incidental, consequential, special, indirect, or punitive damages, including loss of use, personal injury, property damage, downtime, or lost revenue.
This limitation applies to all services, including installation, maintenance, diagnostics, and consulting.
24. Indemnification
Customer agrees to indemnify, defend, and hold harmless Seller and its employees, subcontractors, and agents from any claims, liabilities, damages, or expenses (including attorney fees) arising out of or resulting from:
- (a) misuse or alteration of Seller's equipment or work;
- (b) customer-provided materials or instructions;
- (c) interference by customer or third parties;
- (d) injury or property damage caused by conditions outside Seller's control;
- (e) claims made by Customer's tenants, clients, guests, or other third parties.
25. Risk of Loss
Risk of loss transfers to Customer upon delivery of materials or installation at the job site, even if final payment is pending.
Seller is not responsible for loss, theft, vandalism, damage, or weather exposure after materials are delivered or installed, unless due to Seller's proven gross negligence.
Customer is responsible for safeguarding installed equipment and jobsite conditions.
26. Force Majeure
Seller shall not be considered in breach or liable for delays, damages, or non-performance resulting from events beyond its reasonable control, including acts of God, pandemics, supply chain disruptions, material shortages, labor strikes, adverse weather, governmental orders, permit delays, or any other cause not caused by Seller's gross negligence.
27. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
Venue for any dispute shall lie exclusively in the courts of Harris County, Texas, unless resolved via binding arbitration as provided below.
28. Dispute Resolution and Legal Fees
Any dispute arising out of this Agreement shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association.
Both parties waive the right to a jury trial.
The prevailing party shall be entitled to recover reasonable attorney's fees, expert witness costs, arbitration fees, and court expenses incurred in enforcing or defending any claim under this Agreement.
29. Right to Stop Work
Seller may suspend or terminate work immediately, without liability, if:
- Payment (including deposits or progress payments) is not received when due;
- The site is unsafe, inaccessible, or non-compliant with safety standards;
- Customer or other contractors interfere with access, progress, or safety;
- Scope changes or delays occur without resolution or approval;
- Force majeure or regulatory events prevent lawful work continuation.
In such cases, Customer remains liable for all work performed to date, including labor, materials, rentals, mobilization, and permits.
Seller may condition resumption of work upon full payment, correction of site issues, signed change orders, or other assurances satisfactory to Seller.
If Customer fails to cure the issue within ten (10) calendar days, Seller may terminate the agreement and pursue all legal remedies.
30. Water, Moisture, Mold, and Health Disclaimers
Water and Drainage
Seller is not liable for damages from water leaks, drainage failures, or overflows involving condensate lines, pans, or related HVAC components unless due solely to Seller's gross negligence.
Customer is responsible for ongoing maintenance, including drain line flushing, filter changes, and immediate reporting of water-related issues.
Humidity and Moisture
Seller does not guarantee humidity levels, dew point control, or moisture prevention. Performance depends on factors outside Seller's control, including air leakage, construction defects, window quality, occupancy, and weather.
Unless under a specific written dehumidification agreement, moisture-related issues are not covered under warranty.
Mold and Contaminants
Customer acknowledges that HVAC systems may circulate existing airborne contaminants. Seller does not inspect for, test, or remediate mold or microbial growth unless licensed and contracted to do so.
Mold-related damage or health complaints are expressly excluded from Seller's scope and liability.
Indoor Air Quality (IAQ) Testing
IAQ testing is for informational and diagnostic purposes only. It does not constitute a warranty of health outcomes or environmental safety.
Customer is advised to consult licensed environmental or medical professionals for any health-related air quality concerns.
30A. Media Release & Content Rights
Customer grants Seller the unrestricted right to create, capture, edit, reproduce, publish, and use any photographs, videos, audio recordings, or similar media taken before, during, or after work is performed on Customer's property.
This includes content featuring HVAC systems, work areas, before-and-after results, and any visual elements related to the services provided.
Customer agrees that such media may be used by Seller for any lawful purpose including, but not limited to, marketing, advertising, website content, educational materials, case studies, and social media—without limitation in time, geography, or platform.
This release is non-revocable, perpetual, royalty-free, and transferable.
Seller will not disclose Customer's full address or personal identity without separate written permission.
By allowing work to begin, Customer consents to this media release.
31. A2L Refrigerant Disclosure & Limitation of Liability
Client acknowledges that certain modern HVAC systems and refrigerants, including but not limited to A2L-class refrigerants (such as R-32 and R-454B), are classified by safety standards as mildly flammable and may present unique risks under abnormal or unsafe conditions.
Coastal Eco Heating & Air INC performs all work in accordance with applicable manufacturer instructions, EPA requirements, and prevailing mechanical codes. However, Client understands and agrees that Coastal Eco Heating & Air INC is not responsible for and expressly disclaims liability for any damage, loss, injury, or consequential damages arising from or related to:
- Flame propagation, ignition, combustion, or fire events involving A2L refrigerants occurring after service or installation;
- Electrical faults, arcing, short circuits, contactor failures, loose connections, overheating components, or non-HVAC ignition sources within the building or equipment;
- Improper use, tampering, modification, neglect, or service by others, including unauthorized repair attempts or installation changes;
- Pre-existing unsafe conditions, including but not limited to inadequate ventilation, code violations, compromised equipment cabinets, damaged refrigerant piping, or mechanical room hazards;
- Manufacturing defects in equipment, refrigerant, or safety devices, including sensors, controls, and protective shutoffs.
Client further acknowledges that A2L refrigerant safety and performance depends on the system remaining in proper condition, being maintained as required, and operating within design specifications.
To the fullest extent permitted by law, Coastal Eco Heating & Air INC total liability for any claim related to A2L refrigerant service or installation shall be limited to the amount paid by Client for the specific service performed, and Coastal Eco Heating & Air INC shall not be liable for any indirect, incidental, special, punitive, or consequential damages.
32. Entire Agreement
These Terms and Conditions constitute the full and complete agreement between the parties unless a separate, signed contract states otherwise.
No oral statements, emails, or prior discussions shall be binding unless incorporated into a signed writing.
Any waiver or modification must be in writing and signed by both parties.