Terms and Conditions for EMCO Tech Heating & Cooling

These Terms and Conditions outline the policies and responsibilities related to services provided by EMCO Tech Heating & Cooling. Please review carefully. These terms are subject to change without notice. Last updated: May 2025.

These Terms and Conditions (“Terms”) govern all services provided by EMCO Tech Heating & Cooling, LLC (“EMCO Tech”, “we”, “us”, or “our”). By signing or authorizing any work, the customer (“you” or “Customer”) acknowledges that they have read, understood and agree to these Terms. EMCO Tech’s services include, but are not limited to, the installation, repair, replacement and maintenance of heating, ventilation, and air conditioning (HVAC) equipment; water heaters (tank and tankless); ductless mini-split systems; indoor air quality systems; and related components and controls. Any deviations or additions to the agreed scope must be made in writing and signed by both parties.

Estimates, Quotes, and Pricing

All quotes, estimates and proposals provided by EMCO Tech are estimates only and are not firm prices. We base our estimates on current equipment and material costs, distributor pricing, labor rates, and the information available at the time of quoting. Prices may change if material or equipment costs increase, if new information arises, or if the scope of work changes. For example, hidden damages, supply chain shortages, new code requirements, or delays by suppliers can affect final cost. Therefore, EMCO Tech does not guarantee that quoted prices will remain in effect unless expressly confirmed in writing at the time of ordering or contract signing. All estimates expire 30 days after issuance unless otherwise specified, and may be subject to change thereafter.

Scheduling and Appointments

EMCO Tech will schedule work based on mutual agreement, aiming to meet agreed start and completion dates. However, start and completion dates are estimates only and not guaranteed. We are not liable for delays caused by factors beyond our control, including weather, natural disasters, traffic conditions, illness, equipment failures, shortages of materials, or other unforeseen events (often referred to as “Acts of God”). In such cases, we will make reasonable efforts to reschedule work promptly, but any rescheduling or extended timelines do not give rise to cancellation rights for the Customer or additional charges against EMCO Tech. Appointment windows may be provided, but actual arrival times cannot be guaranteed. If weather or other conditions force a delay or rescheduling, EMCO Tech will not refund any deposit or payments for the impact of such delays.

Customer Cancellations and Restocking Fees

The Customer may cancel work or orders, subject to the following terms. If the Customer cancels more than one business day after placing an order or after contract signing, EMCO Tech reserves the right to impose a restocking/cancellation fee equal to up to 15% of the contract price. This fee covers administrative costs and handling of ordered equipment. For products that are custom-ordered, specially fabricated, or non-returnable, EMCO Tech may charge up to 50% of the price of those items as a restocking or cancellation fee, reflecting the portion of costs incurred. After a deposit has been paid or materials ordered, cancellation requests are subject to these fees. All fees will be deducted from any deposit or refunded amount; if the deposit does not cover the fee, the Customer remains responsible for the balance.

Pennsylvania Three-Day Cancellation Waiver: The Pennsylvania Home Improvement Consumer Protection Act generally gives homeowners a three (3) business day right to rescind a home improvement contract without penalty. By signing our agreement, the Customer acknowledges that they have received notice of this right. In consideration of EMCO Tech’s commencement of work, the Customer voluntarily waives their right to rescind (cancel) the contract within three days. The Customer represents that this waiver is made knowingly and voluntarily, except where state law prohibits such a waiver. (Note: Pennsylvania law requires a three-day notice of cancellation for most home improvement contracts and generally makes contracts voidable if that notice is not given. EMCO Tech advises customers of their rights under the law. In emergency repair situations requiring immediate work, Pennsylvania law permits the owner to waive the cancellation period in writing.) This waiver allows EMCO Tech to begin work before the expiration of the 3-day period. If you do not agree to waive this right, you should not sign the contract and should wait until the rescission period has passed.

Payment Terms and Deposits

Unless otherwise agreed in writing, a deposit of 50% of the total estimated cost is due at the time of contract signing or order confirmation. The balance is due before or upon completion of the work, and no certificate of completion or occupancy (if applicable) will be issued until payment is received in full. EMCO Tech is not obliged to release or remove any lien waiver, permit, or completion document until the account is paid. Payments are accepted by cash, check, credit card, or other payment methods as specified. Late payments may incur additional fees or interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower, on any unpaid balance. If a payment is returned or dishonored by the bank, the Customer is responsible for a returned-payment fee.

Maintenance Plans

Customers enrolling in an EMCO Tech maintenance or service plan agree to the following billing terms: maintenance plans are billed in advance on a monthly, quarterly, or annual basis as specified in the plan agreement. Payment for each period is due by the invoice due date. EMCO Tech may automatically renew maintenance plans at the end of each term; to cancel, the Customer must provide written notice at least 30 days before the next billing cycle. If payment is not received when due, EMCO Tech may suspend maintenance services until payment is made, and late fees may apply. No refunds will be given for unused portions of a billing period if a plan is canceled mid-term. All maintenance plans are subject to these Terms and Conditions unless a separate written agreement states otherwise.

Subcontractors

EMCO Tech reserves the right to engage qualified subcontractors to perform any portion of the work. All subcontractors will be bound by applicable portions of these Terms. EMCO Tech remains responsible for the quality and completion of all work, including that performed by subcontractors. Any disputes or issues with subcontracted work must be reported to EMCO Tech promptly, and EMCO Tech will address them in accordance with these Terms and applicable warranties.

Access, Property Conditions, and Safety

The Customer is responsible for providing safe, adequate, and unobstructed access to the work area. This includes moving personal property, providing clear pathways, and ensuring any necessary permits or approvals (e.g., building permits) are obtained prior to work. EMCO Tech is not liable for any injuries or property damage resulting from unsafe or non-compliant work areas. The Customer must notify EMCO Tech of any hazardous materials (e.g., asbestos, lead) known to be present, and work will be halted if such hazards are discovered until the Customer provides a safe environment or remediation is completed.

EMCO Tech is not responsible for pre-existing damage or defects discovered during service. For example, if hidden damage (such as rotten wood, pre-existing leaks, faulty wiring, or obsolete ductwork) is uncovered, EMCO Tech will notify the Customer and recommend repair; the Customer authorizes EMCO Tech to proceed only if approved in writing (which may result in additional charges). Any repair or replacement of pre-existing damage is outside the scope of the original contract unless explicitly included.

If utilities (electricity, gas, water) need to be shut off or disconnected to perform the work, the Customer assumes the risk of doing so. EMCO Tech will make reasonable efforts to restore services after work, but EMCO Tech is not responsible for any interruption, outage, or downtime of utilities caused by the work. Similarly, if permit delays, inspections, or the actions or omissions of other contractors or third parties cause a delay in EMCO Tech’s work, EMCO Tech is not liable for such delays or any resulting costs. In no event will EMCO Tech be responsible for any fines, penalties, or fees incurred by the Customer for such delays, nor for any consequential damages.

Warranty and Exclusions

EMCO Tech provides labor warranties and respects manufacturer warranties on newly installed equipment, as set forth in the service agreement or invoice. In general, EMCO Tech warrants its workmanship to be free of defects for a period of [one year] from completion (unless another term is agreed in writing). This warranty is limited: it applies only to work performed by EMCO Tech and does not extend to any equipment or materials not supplied by EMCO Tech. Manufacturer warranties on parts or equipment (if any) will be passed through but are not controlled by EMCO Tech.

Repair Warranty – Parts & Labor

For non-installation repair services, EMCO Tech offers a 30-day limited repair warranty covering labor and parts replaced by our technicians. If a part installed by EMCO Tech fails within 30 days, we will waive diagnostic and labor charges associated with evaluating and correcting the issue, provided the failure is directly related to the original repair. This warranty does not apply to unrelated failures, misuse, lack of system maintenance, tampering, third-party interference, or other circumstances outside EMCO Tech’s control.

Where additional parts or system components are required to correct an issue beyond the originally serviced part, those components and their labor may be billed separately. This repair warranty is offered solely for services and materials provided by EMCO Tech and does not imply coverage for the entire system.

Warranty Exclusions

The warranty does not cover any damage, defect or failure caused by:

• Third parties or entities other than EMCO Tech (for example, repairs or alterations performed by others after EMCO Tech’s work is completed).

• Customer misuse, neglect, or improper operation of equipment (including but not limited to wrong thermostat settings, physical damage, or tampering).

• Lack of regular maintenance (such as failure to change filters or perform required cleaning; maintenance instructions provided by EMCO Tech or the manufacturer must be followed).

• Modification of the system without EMCO Tech’s authorization.

• Events beyond EMCO Tech’s control (such as fire, flood, lightning, power surges, acts of God, or other external causes).

• Normal wear and tear of equipment over time (filters, belts, seals, refrigerant loss, etc., unless specifically covered by a maintenance plan).

Except for the limited warranties described above, EMCO TECH MAKES NO OTHER WARRANTIES (express or implied) regarding the quality or fitness of its services or products. EMCO Tech expressly disclaims any implied warranties of merchantability or fitness for a particular purpose. Any claims under warranty must be made promptly upon discovery of a defect and are subject to inspection and approval by EMCO Tech. The Customer’s sole remedy for breach of these warranties is repair or replacement of defective work or parts, at EMCO Tech’s discretion.

Indemnification and Limitation of Liability

To the fullest extent permitted by applicable law, the Customer shall indemnify, defend and hold EMCO Tech harmless (including its officers, employees and subcontractors) from and against any claims, damages, losses, costs or expenses (including attorneys’ fees) arising out of or related to: (a) the Customer’s breach of these Terms; (b) the Customer’s negligence or willful misconduct; (c) any injury to persons or damage to property caused by conditions on the Customer’s property or by other contractors or events unrelated to EMCO Tech’s work; or (d) any act or omission of third parties, including governmental authorities. This indemnity does not apply to claims caused by EMCO Tech’s own gross negligence or willful misconduct.

Limit on Liability: EXCEPT FOR CUSTOMER INJURY OR PROPERTY DAMAGE CAUSED BY EMCO TECH’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EMCO TECH WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (including, but not limited to, loss of use, lost profits or business interruption) arising out of or related to the services or products provided. The maximum liability of EMCO Tech, under any theory of liability, shall not exceed the total amount paid by the Customer for the specific service or product at issue. This limitation of liability applies regardless of the legal theory of action and even if EMCO Tech has been advised of the possibility of such damages.

Changes to Terms

EMCO Tech reserves the right to revise or update these Terms and Conditions at any time. Any such changes will be effective upon posting or written notice and will apply to all new contracts and work orders. The Customer should review the Terms before authorizing any work. No amendment or waiver of these Terms is valid unless made in writing and signed by an authorized representative of EMCO Tech.

Agreement and Governing Law

These Terms and Conditions constitute the entire agreement between EMCO Tech and the Customer regarding the subject matter. Work will not begin until the Customer has signed the contract or work order containing or referencing these Terms. By doing so, the Customer acknowledges that they have reviewed and agree to all the terms above. These Terms are governed by the laws of the Commonwealth of Pennsylvania. If any part of these Terms is found unenforceable, the remainder will remain in effect.

Notice: Continued use of EMCO Tech’s services constitutes acceptance of these Terms and Conditions.