These Terms and Conditions (“Agreement”) govern all services provided by Contractor (“Contractor,” “we,” “us,” or “our”) to Customer (“Customer,” “you,” or “your”) within the State of Ohio. By authorizing work, signing any estimate, proposal, invoice, or service document, or permitting Contractor to begin work, Customer agrees to be bound by this Agreement.
CUSTOMER’S RESPONSIBILITIES
Customer is responsible for providing water, gas, sewer, and electrical utilities unless otherwise stated in writing. Electricity and water must remain available at the worksite for the entire duration of the project. Customer agrees to grant Contractor and Contractor’s equipment full access to the property as reasonably required to perform the work.
Customer is responsible for removing or protecting any personal property located in or around the work area. Contractor shall not be liable for damage to personal property, including but not limited to carpets, drapes, furniture, driveways, lawns, shrubs, or landscaping. Customer is solely responsible for accurately identifying and confirming property boundaries.
WARRANTY; MAINTENANCE REQUIREMENT
HVAC INSTALLATION
Contractor provides a ten (10) year labor warranty for Goodman, Carrier, Mitsubishi, Trane, and American Standard equipment, and a twelve (12) year labor warranty for Daikin equipment. All other brands include a three (3) year labor warranty only.
Manufacturers recommend maintenance beginning in the first year after installation. However, to qualify for extended labor warranty coverage beyond three (3) years, Customer must ensure that the equipment receives two (2) maintenance services per year for the first three (3) years, performed by a properly licensed HVAC contractor. Labor warranties shall not exceed the manufacturer’s warranty period.
PLUMBING WATER HEATERS & WATER SOFTENERS
Hybrid and heat pump water heaters include a ten (10) year manufacturer warranty. Gas tank water heaters include a six (6) year manufacturer warranty. Contractor offers optional labor warranties of one (1), six (6), or ten (10) years depending on equipment type.
If repairs under labor warranty for gas models cannot be completed within twenty-four (24) hours, Contractor will replace the unit with a comparable new unit, subject to manufacturer availability.
SEWER, WATER, ELECTRICAL & OTHER INSTALLATIONS
• Sewer line, main water line, water line installation/replacement: 10-year labor warranty
• Electrical panels, EV chargers, rewiring: 3-year labor warranty
• Refrigeration equipment installation: 3-year labor warranty
• Other installations (swamp coolers, kitchen equipment, wine coolers, wall heaters, window AC): 1-year labor warranty
• HVAC & refrigeration repairs: 1-year labor warranty
• Electrical and plumbing repairs: 1-year labor warranty
Parts and equipment warranties are governed exclusively by manufacturer terms.
SOLAR
• 25-year linear performance warranty
• 15-year roof penetration warranty
• 3-year workmanship warranty
CLEANING SERVICES
Cleaning services are not subject to any warranty.
EXTRA WORK AND CHANGE ORDERS
Customer may not require Contractor to perform extra or additional work without prior written authorization. Any Change Order must identify:
- Scope of additional work
- Price adjustment
- Impact on payment schedule or completion date
Failure to comply with these requirements does not preclude Contractor from recovering compensation under legal or equitable remedies.
SITE CONDITIONS
Contractor shall promptly notify Customer of any concealed, latent, or unknown conditions materially differing from those ordinarily encountered. Any additional costs incurred due to such conditions shall be paid by Customer.
PLANS, PERMITS & INSPECTIONS
Plans and specifications, if any, become part of this Agreement. Contractor may assist with permits; however, all permit fees, inspection costs, and additional work required by authorities are the responsibility of Customer.
SUBCONTRACTORS
Contractor may subcontract portions of the work to properly licensed and qualified subcontractors.
CLEAN-UP
Upon completion, Contractor shall remove debris and surplus materials and leave the site in a neat, broom-clean condition.
DELAYS
Contractor shall not be liable for delays caused by factors beyond its reasonable control, including supply shortages, governmental actions, labor disputes, acts of God, or other unforeseen events.
FEES, TAXES & COLLECTION
Customer is responsible for all taxes, permits, fees, and assessments. In the event of non-payment, Contractor may use collection services. Customer shall be responsible for all collection costs, interest, and related expenses.
INSURANCE
Contractor maintains Commercial General Liability and Workers’ Compensation Insurance as required by Ohio law. Proof of insurance shall be provided upon request.
Customer may obtain builder’s risk or property insurance at their own expense.
ATTORNEYS’ FEES
In the event it becomes necessary to bring suit, arbitration, or any legal proceeding to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs, arbitration fees, and all related expenses.
LIMITATIONS
No action of any character arising out of or relating to this Agreement or the performance thereof shall be commenced more than two (2) years after completion or cessation of work.
RIGHT TO STOP WORK
Contractor shall have the right to stop work if any payment is not timely made. Contractor may keep the job idle until all payments due are received. Contractor may also terminate this Agreement, and Customer shall remain liable for breach of contract.
RIGHT TO CURE
If Customer alleges that work is defective or untimely, Customer must provide written notice describing the alleged deficiency. Contractor shall have ten (10) days from receipt of notice to commence curing the condition.
SCOPE OF AGREEMENT
This Agreement constitutes the entire agreement between the parties. No modification or waiver shall be valid unless in writing and signed by both parties. Oral representations are not binding. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
NOTICE OF CANCELLATION
This Notice of Cancellation applies only to home solicitation sales as defined under Ohio Revised Code Chapter 1345, meaning transactions that occur at a location other than Contractor’s permanent place of business, including but not limited to the Customer’s residence.
You may cancel this Agreement, without any penalty or obligation, within three (3) business days after the date of signing.
If you cancel, any payments made by you under this Agreement will be returned within ten (10) days following receipt of your written cancellation notice. Any security interest arising out of the transaction will be canceled.
If goods or materials have been delivered to you under this Agreement, you must make them available to Contractor at your residence in substantially the same condition as received. If Contractor does not retrieve the goods within twenty (20) days after receipt of your cancellation notice, you may retain or dispose of them without further obligation. If you fail to make the goods available, or agree to return them and fail to do so, you remain responsible for performance of all obligations under this Agreement.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice of cancellation, to:
Email: service@fuseohio.com
Address: 263 INDIAN POINTE DR
MAINEVILLE OH 45039
Such notice must be sent no later than midnight of the third business day following the date of this transaction.
