Terms of Service

The terms for service from Josh Pfluke Heating & Cooling LLC (“US”, “WE”, “OUR” or “JP”) YOU (“YOUR”, “YOURSELF”) agree to the following terms and conditions. If You do not agree to the terms of service, please do not use Our services. You understand that service may not be rendered until such time as You have agreed to the terms and conditions set herein.

Any interaction with JP, whether the booking of a call, the commencement of work or the completion of work, we be taken as the acceptance of the terms as outlined below. You would have been sent a copy by email when the service or estimate was booked, and again if the the call was booked with more than 24 hours before the scheduled arrival time, by text link or included with the estimate provided.

GENERAL;

The Disclaimer and Terms of Use (the “Terms”) are to be read by You together with any terms, conditions or disclaimers provided in the pages herein. The information, material and content provided in the pages of Terms of Service (the “Information”) may be changed at any time and without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and Your continued access or use of Our service will mean that You agree to any changes.

SERVICE CALLS;

1. SERVICE CALL TIME WINDOW;

We will provide an approximate time window of when a Technician may arrive (Morning or Afternoon). We DO NOT provide exact times for service calls, ONLY TIME WINDOWS. We cannot foresee all possible outcomes of the jobs prior to Yours, hence you will receive a text and/or call before we come to your home to update you as to our ETA. (You must provide a valid cell number for this service to function properly). If We cannot service You on the day agreed to because of conditions out of our control We will attempt to advise You as soon as We know.

There will never be a “Missed Call” charge to You, and We will not provide compensation to You should we be unable to provide service within the agreed call window.

2. YOU OR YOUR AGENT WILL BE AVAILABLE;

YOU must provide a cell number for our automated system to update you as to the status of YOUR call.

Because We text You at the mobile number you provide, and, should no one be at the location when we arrive, We will attempt to call the number(s) on Your account information. We will wait approximately 15 minutes, during which time we will attempt to contact you again. Should You not be available or unreachable You will be billed a “Missed call” charge that must be paid before any further service will be provided. This fee is the current service call amount, and 1-hour labor and can be requested from the office. This charge MUST be paid before we book Your return visit.

3. JOSH PFLUKE HEATING & COOLING LLC OR THEIR TECHNICIANS MAY CALL YOU;

Prior to arriving a Technician or Office Staff may call You to confirm that You are in fact home. This number may appear on call display as “Private Caller” or “Unknown”. Please answer this call. Should You not answer this call We may proceed to the next call on Our schedule and may not have appropriate time left to return to Your location to complete the job as You requested. Should you provide a cell number/email You may also receive text/email updates as well to keep you informed of who the technician is and approximately when they will be arriving.

4. CANCELLATIONS / "MISSED CALLS";

Subject to the above, you may call Us at least 24 hours before Your call window to cancel with no charge to You. You may then book a new time should you so desire. If You call within the 24 hours prior to Your time window You will be billed a “Missed call” charge. All "Missed Call" charges are billed out at the current Service call amount, and one-hour labor plus tax. This fee must be paid before any further work is to be completed.

5. PARTICULARS OF AND ADDITIONS TO THE SERVICE CALL;

Please be as specific as possible with the call taker or while online booking about the service You require. We cannot and will not provide other services that are not disclosed when the original call was taken however we would be more than happy to return at a later date to make those repairs for You.

6. EMERGENCY CALLS;

Emergencies are the following only;

  1. No Heating/ Not Enough Heating
  2. No Cooling/ Not Enough Cooling
  3. No Hot Water/ Water Heater Leaks

Misrepresentation of an Emergency call will incur a surcharge of $150.00, Monday to Friday 8am to 5pm and $250.00 for anytime thereafter, including weekends, over and above any other charges including our minimum charge.

We always attempt to service Customers with emergent situations as fast as possible. We ask for Your understanding should We need to reschedule Your service call due to one of these situations arising.

You will never be charged a “Missed Call” and We do not provide compensation should We need to reschedule Your service call due to an emergency situation arising.

7. CANCELLATION OF AN EMERGENCY CALL OR AFTER HOURS CALL;

If a Technician has been dispatched, and, if You cancel an Emergency call, you will be billed a cancellation charge of $150.00 Monday to Friday and $250.00 On Weekends and after hours.

8. SERVICES WE PROVIDE;

We are a Heating & Cooling Company. As such we service hot water tanks & tankless systems, UV systems. We will not make repairs or alterations to other services such as electrical, framing etc. If you are unsure if We service Your item please just ask and We would be happy to clarify.

9. MINIMUM CHARGE;

We charge a service charge for all calls to cover costs such as liability insurance, WSIB, office staff, fuel etc. and one (1) hour labor to cover the cost of the Technician.

10. OUT OF AREA CHARGES;

Should You require Our service in an area we do not normally service We reserve the right to add an additional charge for the extra time to get to and back from Your location. You may inquire from the office if there will be any such charge for Your area.

11. LABOUR CHARGES;

We charge by the half hour rounded up to the nearest half hour. We attempt to stock our trucks with a variety of materials but are unable to account for every option or outcome that we may encounter as such we bill for the time required to order, purchase or pickup material for your job.

12. AFTER HOURS CHARGES;

Due to Governmental regulations We must pay Our Employees overtime. All after hour and weekends calls are billed out at time and a half starting from the time the Technician leaves their last location until they have completed Your job. All other parts are billed at regular rates.

13. PAYMENT;

Payment is expected upon completion of Your service call unless other arrangement is made with the office. We accept Cash, Check, Visa, Master Card, American Express, Interac E-Transfer, ACH Payments & Debit. All Materials remain the property of JP Heating & Cooling until paid in full. JP reserves the right to reposes any materials or equipment that has not been paid for in full. We also may seek compensation for damages to the material / equipment and or for loss of time or associated cost with enforcing our rights under this agreement.

14. LABOUR WARRANTY;

We want you to be 100% Satisfied with JP Heating & Cooling. This is why we strive to give you the highest possible level of service. This is also why the workmanship and materials that we provide are covered by a 1-year warranty. Should any defect in material or workmanship occur during this period, we will, at our discretion, repair or replace the affected item at no charge. JP Heating & Cooling does not cover consequential or incidental damages or for any work required to access to the material or workmanship that has failed for any warranty related issues. Any warranty from a Manufacturer supersedes any warranty expressed or implied by JP Heating & Cooling or any employee of JP Heating & Cooling. In the unlikely event that there is a problem you can rest assured knowing that you are protected by our liability insurance for any work that was completed by JP Heating & Cooling.

15. PARTS WARRANTY;

All Parts are warrantied through the Manufacturer and not through JP Heating & Cooling. Should you have any questions about parts warranty please inquire with the manufacturer. Please be aware that most manufacturers DO NOT cover the cost of labor to remove, return or install any warranted parts.

16. RESPONSIBILITY TO MONITOR AREA;

It is the responsibility of the owner or their agent to monitor the completed work for a continuous 72 hours immediately following the completion of work by JP Heating & Cooling for any operational concerns. There will be no charge for this follow up so long as the cause is a defect in the workmanship of JP Heating & Cooling or their Technician. JP Heating & Cooling will not be responsible for any damages as a result of any operational concerns that were brought to our attention after the above noted time frame. Upon the arrival of the Owner or their agent they may turn on the system and monitor immediately for concerns. Should there be a period where no person may monitor the system, it is to be turned off to mitigate the possibility of damage occurring.

17. PAYMENT TERMS;

ALL PRICES ARE CASH DISCOUNTED.
ALL JOBS ARE C.O.D.

FOR ACCEPTANCE OF ESTIMATES;

RESIDENTIAL CUSTOMERS;

  • A 50% deposit of the full amount (including Tax) is required upon acceptance of any
    estimate. A further 25% upon commencement of work, followed by the remaining 25%
    upon completion of the work. (Unless the remainder of the work can be completed in 1
    day in which case the balance will be due upon completion).
  • For your convenience we accept Visa, Master Card & American Express and Interac E-Transfer, ACH Payments and debit transactions.
  • No terms will be given directly through JP Heating & Cooling. No exceptions. Financing are available. Please inquire in store or with sales staff.
  • A $100.00 fee will be charged for all NSF returned cheques or charge backs to cover
    Bank charges, Office Administration and other inconveniences.
  • A charge of 2% per month or part thereof (26.8% per annum) shall apply for any
    outstanding balance effective the first day after the completion of the job.

COMMERCIAL / INDUSTRIAL CUSTOMERS;

  • A 50% deposit of the full amount (including Tax) is required upon acceptance of this estimate. A further 25% upon commencement of work, followed by the remaining 25%upon completion of the work or passing of the final plumbing rough in inspection. (Unless the remainder of the work can be completed in 1 day in which case the balance will be due upon completion).
  • For your convenience we accept Visa, Master Card & American Express (though there will be an
    administration fee of up to 5% of the total including tax) and Interac E-Transfers, ACH Payments and debit transactions *(Available In store only).
  • Any account terms given will be OAC and are net 30 days from the date of compilation of the job. Maximum Credit limits may apply. An application must be filled out prior to work
    commencement and a fees may apply. Financing is available and must be applied for
    before work commences.
  • A service charge of 2% per month or part thereof (26.8% per annum) shall apply for any
    outstanding balance past the net 30 day mark.
  • A $100.00 fee will be levied for all NSF returned cheques or charge backs to cover Bank
    charges, Office Administration and other inconveniences.
  • All Commercial / Industrial jobs are net 30 unless otherwise agreed to in writing.

18. OTHER TERMS & CONDITIONS;

The Owner or their Agent shall not contract any work directly or indirectly with the subcontractors, suppliers or sub trades of JP Heating & Cooling. All business related to the HVAC Systems or Hot Water Systems will be conducted through JP Heating & Cooling exclusively.

The Owner shall remove all items from the work areas and any areas required for access by JP Heating & Cooling. The Owner shall remove articles from the walls and other locations that are not secure or may be dislodged or damaged, in all areas of the building affected by the work and/or access to the work and/or services. JP Heating & Cooling holds no responsibility for items left by the Owner in any areas that are affected by the work, including access points and traffic through the building. Should the area not be free of obstruction or items a further charge will be levied for time required for the area to be cleaned by the home Owner or their Agent at the current rate charged per hour or part thereof per Technician by JP Heating & Cooling for wasted time.

The Owner acknowledges that space may be needed and must be provided at the site for the storage of material and equipment and that any stored material and equipment are under the responsibility of the Owner.

Any additional site meeting shall be subject to an additional minimum 4 hour labor charge, plus additional hourly labor charge for any time committed beyond the 4 hours following arrival.

If it is required to move service meters, payment of any service connection fees or service upgrade fees are the responsibility of the Owner.

If included in an estimate or quote, installation is for simple fixtures only. If the Owner chooses another fixtures that requires more time to install, that time will be an extra to the estimate or quote. All rough ins are as per industry standard dimensions. Please be aware that not all fixtures are the same and it is your responsibility to furnish rough in dimensions and/or fixtures before work commences. Any modifications required after the acceptance of an estimate or quote is the responsibility of the owner and will be billed at a minimum 4 hours, plus additional hourly labor charge for any time committed beyond the 4 hours following arrival and is due upon completion.

Materials to complete said aforementioned changes are considered an “extra”. JP Heating & Cooling will not be responsible for any cost associated with the facilitation of the aforementioned changes.

A copy of any drawing/plans must be provided to JP Heating & Cooling  before work commences. If drawing are not provided and/or the rough in dimensions and styles are not included within the plans, then a list of fixtures and where they are to be installed must be provided in writing and locations marked for their installation. If no list or Drawings are provided any changes or omissions are not the responsibility of JP Heating & Cooling and will be billed as an “extra”. Should a further visit be required then a 4 hour minimum plus time to make required repairs or changes will be billed.

The Owner agrees to permit JP Heating & Cooling  to display a sign on the property until two full weeks after the completion of the project (at which time they may contact JP Heating & Cooling for the removal of said sign), and to let JP Heating & Cooling use photos of the project for participation in awards programs and for promotion, in print, in the media, or for website use. JP Heating & Cooling will not release your information to a third party at any time without your express permission. On occasion we may wish to give your name as a reference to future clients and will contact you for your consent to do so.”

Except as otherwise itemized, all materials to be removed from the premises shall be disposed of by the Owner, and if any such removed materials can be salvaged, reused or recycled, the benefit shall belong to JP Heating & Cooling. The Owner may designate an area to deposit excess or unusable material on site.

19. QUICK EXCLUSION LIST;

  • Any changes to building or other codes related to work being completed after date of acceptance.
  • Any work requiring existing system to be brought up to code not described in estimate or invoice
  • Cutting and removal of drywall, insulation or concrete to access or install plumbing in walls, floors or ceilings or repairs to the aforementioned.
  • Hot water tank or tankless units not described above in estimate or invoice.
  • Mixing valves.
  • Building of any walls, ceilings, partitions or other non-plumbing related construction.
  • Building Permits.
  • Time needed or waiting for inspections.
  • Trap seal priming valves.
  • Water treatment systems or parts thereto not described in the estimate or invoice.
  • Well pump systems or parts thereto not described in the estimate or invoice.
  • Finishing Trim out and labor.
  • Landscaping - sod, retaining walls, asphalt, interlocking stone, Etc.
  • Electrical – panels, conduit for wiring, disconnects, switches, plugs, feed lines etc.
  • Flooring.
  • Painting.
  • Trenching.
  • For a complete list please see below (Exclusions)

20. EXCLUSIONS;

Unless otherwise stated on the Invoice or Estimate, the following are not included in any pricing provided by JP Heating & Cooling;

Structural Cutting. Including but not limited to Excavation, Backfilling, Compacting, Boring, Chipping Coring, Painting, Priming, Wall Papering, Drywall - removal or repairs, Surface preparation, Patching, Restoration, Plastering, Concrete Work – Cutting – Removal – Repairs – Patching, Tiling, Grouting, Caulking. Rigging, hoisting, relocating, setting-up, or commissioning materials or equipment either existing or supplied by others. Electrical work or connections. Gas (or other fuel) Connections. Vapor barrier, Fire barriers, non-plumbing related insulation. Removal or disposal of asbestos, mold or contaminated soils or materials. Main water shutoffs. Sprinkler systems. Permits, Licenses, Blueprints, Drawings, Parking fees/fines. Material storage costs. Removal of construction debris and waste, or any excavated material. Temporary heat, light, power or sanitation required. Night, weekend or holiday work. Carrying out work during such time frames (outside our control) shall be subject to additional rates and fees. Proper or improper operation, installation, or malfunctioning equipment, material, systems and/or any attachment thereto, whether existing, concealed, or supplied by others, Damage or malfunction of newly installed material or equipment resulting from the Users or their Agents misuse, abuse, incorrect operation or lack of necessary maintenance. Any such situation shall void all warranties.

Any delays preventing us from carrying out our work which resulted from incorrect or defective material supplied or caused by the Client or the Clients Agents. Such delays shall be subject to additional hourly labor charges based upon our additional time committed, and/or an additional minimum of 4 hours labor charge for each additional site visit required as a result to remedy the situation.

21. HIDDENS & UNKNOWNS;

All Pricing For New HVAC  Rough-in Estimates is based on Stick Frame Construction. (Wood Framing)  If other means of constructions are to be employed the customer must inform JP Heating & Cooling in writing (this does not include blueprints) as to the technique being used and any special instructions required or that must be observed.

While we make every effort not to damage any pipe, wire or other hidden item we cannot know what is concealed in walls, ceilings or under floors. Any information that the owner has about any hidden items must be provided in writing before work commences on the project. Due to the nature of the work needed to be completed and the fact that some of the work needing to be carried out involves accessing pipes and mechanical systems hidden in walls, ceilings and floors, JP Heating & Cooling cannot and will not be liable for any damage arising from accessing said systems. If any damage occurs it is the responsibility of the owner or their agent to make or acquire said repairs, or reimburse JP Heating & Cooling for repairs made on their behalf. JP Heating & Cooling is a Heating, Cooling, Water Heater, Indoor Air Quality Company and as such will not make any repairs to items not directly considered to be part of those trades. Should any of the work require digging or other such excavating, “locates” must be ordered and received before any work will commence. Should the Owner/Agent forgo this, it is then the Owner/Agent and only the Owner/Agent that shall bare responsibility for any damage, destruction, or other situations arising including but not limited to death, destruction of property, loss of use, loss of income, fines levied, Etc.

22. ERRORS or OMISSIONS;

Any errors or omissions in an estimate, quote or invoice, whether by omission of the Owner or JP Heating & Cooling , will not hold JP Heating & Cooling liable for the completion or related cost of said error or omission.

Please advise us if there is anything missing from the estimate or quote that you feel should be included or was missed.

23. EXTRA & CHARGES;

Any changes to the scope of work on the estimate/quote/invoice must be in writing, either written or electronic, and changes must be agreed to by both parties. Any change may be considered an extra and may incur a charge that is over and above any work stated in this estimate/quote/invoice. Depending on the extent of the extra, a deposit may be required. All extra costs will become due immediately upon completion of said extra. The minimum charge for and change will be a 4 hour charge plug materials

24. ACCEPTANCE;

Our estimates or quotes are considered accepted when either a deposit is paid or payment (whether in full or in part)  is received, when a purchase order is received by JP Heating & Cooling or when written confirmation or acceptance is received either by electronic or other suitable means.

Upon acceptance our estimate becomes a contract.

The customer shall contact JP Heating & Cooling to set a date for the work to commence as soon as possible after acceptance. Work shall commence no later than 30 days after acceptance unless otherwise agreed upon in writing or stated in the estimate or quote. JP Heating & Cooling shall not be responsible in any way for delays outside the control of JP Heating & Cooling. If work has not commenced within 30 days the estimate or quote will become null and void and any cost incurred by JP Heating & Cooling will be deducted from any monies returned to the customer.

25. CANCELLATIONS;

Any cancellations will incur a minimum 25% fee for the return of materials ordered and will be deducted from any monies returned.

26. VALIDITY;

Our estimates / quotes are valid for 14 days from the date on the estimate/quote unless otherwise stated in writing. Should you require an extension please ask as we cannot guarantee prices past the 14 day mark.

27. NON DISCLOSURE;

Reproductions, distribution, or disclosure of any contents of this document or of any plans or drawings for this work, or use of same other than for this work by JP Heating & Cooling , or for internal purposes of the owner, is prohibited except with the written permission of JP Heating & Cooling.  This document and its contents are copyright© JP Heating & Cooling. The names and logos of third party products and companies in this or any document from JP Heating & Cooling are the property of their respective owners and may also be trademarks.