Terms & Conditions

1. Scope and Acceptance: By accepting delivery of the products or engaging Trust 1 Services, Inc. (“Trust 1 Services”), Customer agrees to be bound by and accept these Terms and Conditions, unless a separate agreement has been signed by Customer and Trust 1 Services. In such a case, the separate agreement will govern the transaction.
2. Withdrawal of Proposal: This proposal may be withdrawn by Trust 1 Services at any time prior to receipt of notice of acceptance by Trust 1 Services’s Customer and/or if it is not approved by a properly appointed officer of Trust 1 Services.
3. Payment Terms: Prices quoted by Trust 1 Services are valid for 30 days only. Payment terms, including deposit, are specified in the Proposal. Final payment is due immediately upon “Substantial Completion,” defined as the time when equipment is installed and operating. Customers are not permitted to withhold payment for warranty items or damages, or delay in performance of services.
4. Promotional Discounts: Customer acknowledges that Trust 1 Services may offer promotional discounts from time to time. The Proposal executed by Customer includes all promotions available at that time. Subsequent promotions will not affect the contract price.
5. Mechanics Liens: Customer is informed about Mechanics Lien Law provisions, including the right of contractors, subcontractors, and others involved in property improvement to enforce a Mechanics Lien against the property if not paid. Trust 1 Services may file a Preliminary Notice to preserve the right to file a lien against the property if necessary.
6. Rebates and Financing: Trust 1 Services may assist the customer in applying for rebates or financing offered by manufacturers, government agencies, or third parties. Trust 1 Services does not guarantee qualification for rebates or financing, and the customer is responsible for any denied rebate or financing amount.
   1. After installation is completed, the customer must work directly with the financing company to arrange payment according to the terms agreed upon between the customer and the financing company. Any failure to adhere to the financing company’s payment terms will not be the responsibility of Trust 1 Services.
7. Title to Equipment: Customer acknowledges that Trust 1 Services has a security interest in any equipment provided and/or installed until payment in full is received. Title to all equipment and materials provided by Trust 1 Services shall not pass to Customer until full payment is received.
8. Termination: Trust 1 Services reserves the right to terminate this Agreement for cause, including non-payment or breach of these Terms and Conditions. In case of termination, Trust 1 Services shall be entitled to compensation for services provided or incurred, including design, installation, and administrative costs.
9. Cancellation by Customer: Customer may cancel this agreement within three business days of signing by mailing a notice to Trust 1 Services.
10. Scope, Changes, and Substitutions: Trust 1 Services will perform the scope of work as specified in the Proposal or as otherwise agreed upon in writing. Trust 1 Services reserves the right to make substitutions of equal equipment, supplies, or materials without prior approval. Any changes to the work must be agreed to in writing by Trust 1 Services.
11. Additional Costs: Additional costs may be incurred due to variations or additions not stated before the commencement of works, unforeseen circumstances, or delays caused by the customer.
12. Zoning and Permits: The customer agrees to provide all necessary information to secure plans and permits for the work. Any costs for bringing the work into compliance with applicable codes shall be the responsibility of the Customer.
13. Work Schedule/No Consequential Damages or Damages for Delays: Work shall be completed within a reasonable time, subject to certain conditions. Trust 1 Services shall not be liable for any damages related to delay or circumstances beyond its control.
14. Substitutions and Excess Materials: Trust 1 Services may substitute materials at its discretion, and excess materials shall remain Trust 1 Services’s property.
15. Supervision Responsibility: Trust 1 Services shall supervise and direct the work at Customer’s property and shall be solely responsible for construction methods and procedures.
16. Limited Warranty: Trust 1 Services provides a warranty on labor performed for a period of one year, unless otherwise specified. Except as provided by manufacturers, Trust 1 Services disclaims all other warranties, whether express or implied. Warranty coverage for equipment, materials, or labor is contingent upon full payment to Trust 1 Services. The warranty period commences upon completion of installation (“Warranty Period”). This warranty is exclusive and supersedes all other warranties, whether written, oral, or implied, including any implied warranties of merchantability or fitness for a particular purpose.
    1. Any warranties for installed materials and equipment are provided solely by the manufacturers or suppliers, as outlined in their written terms. Trust 1 Services makes no additional warranties, express or implied. Trust 1 Services hereby transfers to the Buyer, without recourse, any applicable warranties received. This transfer constitutes Trust 1 Services’ sole obligation and the Buyer’s exclusive remedy for defective materials and/or equipment.
    2. Trust 1 Services provides no warranty to the Customer regarding materials used in installation (e.g., drywall, concrete) beyond a warranty of title. The only warranties applicable to installed materials and/or equipment are those, if any, extended by the respective manufacturer, which shall furnish the Buyer with any applicable warranty documents.
    3. Trust 1 Services shall not be liable, during or following the Warranty Period, for:
       1. Damage due to ordinary wear and tear or abusive use.
       2. Damage resulting from use of the equipment beyond design temperatures.
       3. Defects resulting from common characteristics of the materials used.
       4. Losses, injuries, or damages caused by weather elements.
       5. Conditions resulting from condensation, expansion, or contraction of materials.
       6. Water leaks, blockages, freezing, or other malfunctions of condensate or drain lines.
       7. Air leaks resulting from structural deficiencies within existing supply/return ducts or transitions.
    4. All warranty work shall be conducted during normal business hours (7:00 a.m. to 5:00 p.m. weekdays). Customers will incur charges for warranty work performed outside normal business hours. Customers are responsible for all house call fees, regardless of whether Trust 1 Services performs any work covered by warranty, if the call is determined unrelated to Trust 1 Services’ warranty.
    5. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED AND WAIVED BY THE CUSTOMER. Trust 1 Services disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, habitability, fitness for a particular purpose or use, and merchantability. This limited warranty supersedes all other warranties, statutory or otherwise, and all other representations, obligations, or liabilities regarding the services provided at the Property.
    6. Under no circumstances shall Trust 1 Services be liable to the Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages arising from this Agreement. Unauthorized repairs or attempted repairs void this warranty entirely. This warranty and Trust 1 Services’ obligations and liabilities herein are exclusive and replace all other remedies, warranties, guarantees, or liabilities, whether expressed or implied, arising by law or otherwise, including any obligations of Trust 1 Services regarding fitness, merchantability, and consequential damages, whether or not due to Trust 1 Services’ negligence. This warranty may only be extended, altered, or varied by a written instrument signed by Trust 1 Services’ president and the Customer. This warranty will not be honored if the Customer has not timely paid all accounts held with Trust 1 Services.
17. Design Conditions: Trust 1 Services designs all equipment according to the Manual J standard. Trust 1 Services is not responsible for cooling/heating beyond the Manual J standard design temperatures, high humidity levels, system reaching dew point, ductwork sweating/producing condensate due to home infiltration rates, or any other reason. R-values, structural tightness, ductwork conditions, home infiltration, leakage of ductwork, building materials, and any other factor in the load calculation will be determined based on information provided by the Customer during the initial consultation. Trust 1 Services is not liable for any problems resulting from incorrect information provided by the Customer at the time of consultation and load calculation. If the Customer does not authorize Trust 1 Services to conduct its own testing to determine load calculations and insulation values, Trust 1 Services will size the new HVAC system based on Manual J specifications. In such cases, Trust 1 Services shall not be responsible for problems caused by oversizing (e.g., short cycling, humidity control issues, mold growth) or undersizing (e.g., inability to heat or cool within the Manual J standard design temperatures).
18. Existing Equipment: Trust 1 Services shall not be held responsible for conditions beyond the defined scope of work or the performance of existing equipment not replaced during installation.
    1. Customer acknowledges that Trust 1 Services bears no responsibility for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other materials not replaced during installation, and which Customer agrees to retain.
    2. In the event of system malfunction, Warranty service shall cover only newly installed equipment, controls, or materials, along with associated workmanship. If an existing piece of equipment obstructs proper start-up or system performance, any necessary costs to bring the system into operational status are the Customer’s responsibility. This includes but is not limited to relocation of existing equipment and controls, as well as potential replacement of materials and/or equipment impeding new system functionality.
19. Unforeseen Conditions: Customer assumes the risk of all unforeseen conditions, including unforeseen structural conditions. Should Trust 1 Services uncover such conditions that affect the quality or quantity of work performed, Trust 1 Services shall notify the Customer and propose solutions that may incur additional costs or result in time delays. Such unforeseen conditions may necessitate a Change Order, mutually agreed upon by both parties.
20. Building Codes, Permits, and Inspections: Customer agrees that Trust 1 Services is not responsible for the costs of bringing existing equipment into compliance with current codes or standards. If the Customer requires permits, Trust 1 Services will arrange for such permits. However, Customer shall bear any costs associated with bringing work into compliance with local building codes, ordinances, or inspection requirements, including the relocation or replacement of existing equipment. Trust 1 Services shall obtain all necessary permits and schedule inspections, while the Customer is responsible for associated fees.
21. Limitation of Liability: Under no circumstances shall Trust 1 Services be liable for loss of time, inconvenience, commercial loss, or any other incidental or consequential damages. Trust 1 Services disclaims any liability beyond repair or replacement for any damages resulting from a system defect, and Trust 1 Services shall not be liable for any damages exceeding the contract amount. Customer agrees to limit Trust 1 Services’s liability to the cost of the contract amount.
    1. Under no circumstances shall Trust 1 Services be responsible for the costs or repair or replacement of any items within the Property, whether personal property, building materials, or structural materials that may incur damage or loss from defects in the system.
22. Limitation of Damages: Under no circumstances shall Trust 1 Services be liable for any consequential, indirect, or special damages. In no event shall Trust 1 Services’s liability exceed the amount paid by Customer for the equipment and services provided by Trust 1 Services. Customer agrees that Trust 1 Services’s liability under this Agreement, whether based on contract, tort, or any other legal theory, shall be limited to the actual amount paid by Customer to Trust 1 Services.
23. Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof. These Terms and Conditions may not be amended or modified except in writing signed by both parties. This Agreement shall be governed by and construed in accordance with the laws of the state in which the work is performed. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

The undersigned agrees to the terms and conditions contained herein.