Terms and Conditions

Effective Date: July 13, 2026

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Validity of Estimate

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This estimate is valid for thirty (30) days from the date issued. After that period, pricing, terms, and equipment availability may change without notice. These Terms and Conditions govern all installation work, service work, and product sales performed by KMG Mechanical, LLC (“Contractor”) for the customer (“Customer”). Nothing in this Agreement is intended to waive or limit any rights protected under applicable New Hampshire consumer protection laws.

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Scope of Terms and Conditions

These Terms and Conditions exclusively govern the sale of products and services by the Contractor to the Customer. Any additional, conflicting, or supplemental terms proposed by the Customer are rejected unless expressly agreed to in a written agreement signed by both parties. Acceptance of products or services, execution of the proposal, or commencement of work constitutes acceptance of these Terms. If a separate written agreement is carried out, it shall supersede these Terms only to the extent expressly stated. The Terms in effect on the date the Customer signs the proposal shall apply.

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Payment Terms and Deposit

The Customer shall pay the full quoted amount, including applicable taxes, surcharges, permit fees, and approved change orders. A deposit of fifty percent (50%) of the contract price is required before work is scheduled or materials are ordered, unless otherwise stated in writing. Final payment is due upon substantial completion of the work. Any unpaid balance shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by New Hampshire law, whichever is less. A fee of thirty-five dollars ($35) applies to all returned checks. Nonpayment constitutes a material breach of this Agreement. Customers shall be responsible for all costs of collection and enforcement, including lien fees, court costs, attorney fees, and expenses, as permitted under RSA 361-C and RSA 447.

 

Zoning, Permits, and Regulatory Compliance

The Contractor will obtain mechanical or building permits only when expressly included in the signed proposal. If permit procurement is not explicitly stated in the proposal, the Customer is solely responsible for securing all required permits. The Customer is also responsible for compliance with zoning laws, HOA restrictions, easements, covenants, and non-governmental approvals. Any delays, reinspection fees, fines, or additional costs resulting from Customer noncompliance shall be billed to the Customer.

 

Change Orders

All changes to the scope of work must be documented in a written Change Order signed by both parties. Verbal or implied authorizations are not binding. Change Orders shall identify the revised scope, materials, labor, pricing, and schedule impacts. Refusal to authorize work required for safety or code compliance may result in work stoppage, warranty limitations, or termination of the Agreement. Work performed prior to signed approval may be billed at standard time-and-materials rates.

 

Work Schedule and Force Majeure

All schedules are estimates only. The Contractor is not liable for delays caused by weather, inspections, manufacturer backorders, supply chain disruptions, labor shortages, concealed conditions, government action, or other events beyond the Contractor’s reasonable control. Such events may be treated as force majeure. No compensation shall be due to lost income, inconvenience, or damages caused by such delays. The Contractor will reschedule work in good faith when conditions permit.

 

Substitutions

If specified equipment or materials become unavailable, the Contractor may substitute functionally equivalent or superior products that meet applicable codes and performance requirements. Pricing adjustments apply only if the substitution materially increases the Contractor’s direct cost.

 

Materials and Ownership

All materials purchased for the project, including overages required for code compliance, installation efficiency, or serviceability, remain the sole property of the Contractor unless otherwise stated in writing. Materials are priced as part of the completed installation and are not sold by individual quantity. Unused materials, offcuts, or excess materials are not refundable and may not be claimed by the Customer.

 

Supervision, Subcontractors, and Site Access

The Contractor will retain full supervision and control over their employees and subcontractors. Customers shall not instruct, supervise, or interfere with Contractor personnel. Jobsite access must be safe, unobstructed, and free of hazards, pets, children, or unauthorized persons. Unsafe conditions, restricted access, or interference may result in work stoppage, with associated costs billed to the Customer.

 

Limited Warranty – One Year Workmanship

KMG Mechanical, LLC warrants its installation workmanship for a period of one (1) year from the date of substantial completion. This warranty is expressly limited to the repair or correction of defective workmanship performed by the Contractor. It does not cover equipment, materials, or parts, which are subject solely to the manufacturer’s warranty. This workmanship warranty specifically excludes issues arising from manufacturer defects, misuse, neglect, power surges, acts of God, environmental conditions, concealed defects, or modifications made by third parties. Furthermore, this warranty is immediately voided if the equipment is serviced, altered, or repaired by anyone other than KMG Mechanical, LLC, or if the Customer fails to perform routine operational maintenance strictly in accordance with the manufacturer’s specifications (e.g., regular air filter replacement, maintaining proper clearances). The Contractor shall not be liable for incidental or consequential damages. All warranty claims require the Customer to provide reasonable access for inspection. Failure to allow inspection or failure to maintain the equipment as specified herein will void all warranty coverage.

 

Design Conditions and Load Calculations

Equipment sizing and system design are based on ACCA Manual J, S, and D standards and information provided by the Customer. If the Customer refuses recommended testing or provides inaccurate information, sizing may default to existing equipment, and all performance responsibility is disclaimed.

 

Pre-Existing Equipment

The Contractor is not responsible for the performance, defects, or compatibility issues related to pre-existing ductwork, piping, wiring, controls, or equipment not replaced under this Agreement. Any additional work required for startup or operation shall be billed separately.

 

Existing Refrigerant Line Sets

If a 500-micron vacuum cannot be achieved on an existing refrigerant line set, replacement will be recommended. If the Customer declines replacement, all refrigerant circuit and system performance warranties are void.

 

Existing Gas Piping

The Contractor is not responsible for concealed, inaccessible, or deteriorated gas piping. Any leaks, failures, testing, or repairs shall be billed separately. The Contractor is not liable for gas piping outside the contracted scope of work.

 

Paint, Patchwork, and Cosmetic Repairs

The Contractor does not provide cosmetic restoration, including drywall, plaster, paint, flooring, trim, stucco, siding, or landscaping, unless expressly stated in writing.

 

Personal Property

The Contractor is not liable for damage to personal property, fixtures, landscaping, or vegetation left in or near the work area. Customers are responsible for relocating or protecting such items prior to work.

 

Attic Access and Restricted Areas

Unsafe attic stairs or the removal of existing access components are the responsibility of the Customer. The Contractor is not responsible for reinstallation or repair unless expressly stated. Alternate access costs shall be billed to the Customer.

 

Mold, Hazardous, or Hidden Materials

The Contractor is not responsible for the detection, testing, removal, or liability related to mold, asbestos, lead paint, vermiculite insulation, regulated refrigerants, or other hazardous substances, including concealed structural defects or water damage. Work will be suspended until remediation is completed at the Customer’s expense.

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Insurance and Waiver of Subrogation

The Contractor will maintain general liability and workers’ compensation insurance as required by New Hampshire law. To the extent permitted by applicable insurance policies, both parties waive subrogation rights against one another. The Customer shall maintain adequate property insurance during the project.

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Indemnification

The Customer shall indemnify, defend, and hold harmless the Contractor, its officers, employees, agents, and subcontractors from any claims, losses, damages, or liabilities, including attorney’s fees, arising from Customer negligence, acts, omissions, unsafe site conditions, or noncompliance, except to the extent caused solely by the Contractor’s negligence.

 

Risk of Loss

Risk of loss transfers to the Customer upon installation or incorporation of materials into the work. The Customer assumes responsibility for theft, fire, vandalism, or damage thereafter and shall maintain adequate insurance.

 

Limitation of Liability

The Contractor’s total liability for any claim arising from the project shall not exceed the lesser of the contract price or available insurance proceeds. The Contractor shall not be liable for incidental, special, or consequential damages.

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Customer Performance, Right to Cure, and Termination

The Customer must provide written notice of any alleged defect and allow the Contractor a reasonable opportunity to cure before withholding payment. The Contractor may suspend or terminate work with seven (7) days’ written notice for nonpayment, safety concerns, or Customer breach. Upon termination, the Customer shall pay for all completed work, materials, overhead, reasonable profit, interest, and enforcement costs.

 

Records, Digital Communications, and Evidence

The Customer agrees that all documents, proposals, photographs, videos, emails, text messages, electronic approvals, and other records exchanged between the Contractor and Customer constitute binding evidence of agreement, scope, authorization, and work performed. Electronic signatures and approvals are deemed equivalent to original signatures.

 

Photographic Authorization

The Customer authorizes the Contractor to take before, during, and after photographs of the work area for documentation, quality control, training, warranty, and marketing purposes. Identifying features will be removed unless the Customer provides written consent.

 

Collections, Governing Law, and Venue

In the event of nonpayment, the Contractor reserves the right to pursue all remedies as permitted under New Hampshire law, including RSA 447 (mechanic's liens), court action, or collection services. The Customer is responsible for all enforcement costs. This Agreement shall be governed by New Hampshire law, and venue shall lie exclusively in New Hampshire courts.

 

Severability and Survival

If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force. Obligations relating to payment, indemnification, warranty limitations, risk of loss, records, collections, and limitation of liability shall survive completion or termination of this Agreement.

 

Electronic Signature

The Customer agrees that these Terms and Conditions and all related proposals, estimates, work orders, service agreements, and invoices issued by KMG Mechanical, LLC may be accepted electronically through Jobber or other electronic platforms, and that any electronic signature, typed name, checkbox selection, or digital acknowledgment constitutes the Customer’s legal and binding signature with the same force and effect as a handwritten signature. By electronically accepting any document, the Customer authorizes KMG Mechanical, LLC to perform the described work, agrees to all associated terms and payment obligations, represents that the accepting individual has legal authority to bind the Customer or property owner, and waives any right to dispute the validity or enforceability of the agreement based solely on its electronic form, with all electronic records and audit trails deemed admissible and enforceable under the E-SIGN Act and New Hampshire RSA 294-E.

 

Entire Agreement

These Terms and Conditions, together with the signed proposal, constitute the entire Agreement between the parties. No verbal statements or prior agreements shall modify these Terms unless set forth in a written document signed by both parties.