Terms & Conditions

1. Introduction

These Terms and Conditions govern all residential product sales, service calls, maintenance visits, repairs, installations, duct cleaning services, HVAC cleaning services, sewer and drain cleaning services, promotional offers, warranty programs, and related work provided by Vernon BC Air Conditioning Inc., operating as Vernon Air Conditioning, Plumbing & Electrical Services, referred to in these Terms as the “Company,” “we,” “us,” or “our.”

By approving a quote, booking service, purchasing products, accepting installation, authorizing work, making payment, or otherwise engaging our services, the customer, property owner, authorized occupant, or account holder, referred to as the “Customer,” “you,” or “your,” agrees to these Terms and Conditions unless a separate written agreement has been signed by both parties.

These Terms apply to residential services. The Company does not provide commercial or industrial services unless expressly accepted by the Company in writing.

These Terms apply to the fullest extent permitted by law. Nothing in these Terms is intended to limit, waive, or reduce any rights, remedies, warranties, cancellation rights, refund rights, or protections that cannot legally be excluded under applicable consumer protection, privacy, electronic communications, or other laws.

Any updates to these Terms will apply to future quotes, bookings, purchases, programs, memberships, and services unless otherwise permitted by law. Updates will not materially alter an existing signed agreement unless the Customer agrees, or unless the change is permitted by applicable law.

2. Quotes, Estimates, and Scope of Work

Quotes and estimates are based on the information available at the time they are prepared. Unless otherwise stated in writing, quotes are valid for 30 days and are subject to change due to material cost increases, supplier availability, code requirements, permit requirements, hidden conditions, unsafe conditions, or changes requested by the Customer.

Only work specifically listed in the quote, estimate, invoice, service agreement, or written scope of work is included. Any additional work, materials, equipment, labour, permits, diagnostics, repairs, return visits, upgrades, or other services not listed may be billed separately.

Verbal discussions, recommendations, or general pricing information are not binding unless confirmed in writing by the Company.

3. Payment Terms

Payment in full is due immediately upon completion of the work unless prior written arrangements have been approved by the Company.

For approved invoiced accounts, payment is due within 30 days of the invoice date unless otherwise stated in writing.

The Company may require deposits or advance payment for equipment, special-order parts, custom materials, large projects, financing-related work, or work scheduled over multiple visits. Subject to applicable law, deposits for custom or special-order items may be non-refundable once materials have been ordered or costs have been incurred.

3.1 Late Payment Fees

Overdue amounts may be subject to interest at a rate of 2% per month, compounded monthly, equivalent to approximately 26.82% per year, or the maximum amount permitted by law, whichever is less.

Late payment fees may be calculated on the total amount owing, including any previously accrued late fees. The Customer is responsible for reasonable collection costs, administrative costs, and legal fees incurred by the Company in collecting overdue amounts, where permitted by law.

4. Taxes

All prices are subject to applicable taxes unless otherwise stated in writing.

5. Change Orders and Additional Work

Any work requested by the Customer that is not included in the original quote or agreement will be treated as additional work and may require a written change order, revised quote, or advance payment.

Additional work may include, but is not limited to, repairs to existing systems, code upgrades, access modifications, replacement of deteriorated materials, remediation-related work, additional diagnostics, permit-related requirements, return visits, or work required due to hidden, unsafe, inaccessible, contaminated, or unforeseen conditions.

6. Permits, Codes, and Inspections

Where permits are required and included in the scope of work, the Company will coordinate the permit process. The Customer must provide all required information, access, signatures, and approvals necessary to complete permit applications and inspections.

Unless specifically included in the quote, permit fees, inspection fees, engineering costs, utility fees, code upgrades, and additional work required by an authority having jurisdiction are the Customer’s responsibility.

The Customer is responsible for ensuring the property is legally suitable for the requested work, including compliance with zoning, strata, municipal, utility, and building requirements.

7. Work Schedule and Delays

The Company will make reasonable efforts to complete work within the expected timeframe. Scheduling and completion dates are estimates only and may be affected by factors outside the Company’s control, including weather, supplier delays, labour availability, equipment availability, permit delays, inspection delays, utility coordination, illness, emergencies, unsafe site conditions, or other unforeseen circumstances.

The Company is not responsible for losses, damages, inconvenience, or costs resulting from reasonable scheduling changes or delays beyond our control.

8. Customer Responsibilities

The Customer is responsible for providing safe, clear, and reasonable access to the work area, equipment, electrical panels, plumbing fixtures, water shutoffs, gas appliances, attic or crawlspace access, mechanical rooms, sewer or drain access points, and any other areas required to complete the work.

The Customer must remove personal belongings, valuables, fragile items, furniture, stored materials, vehicles, pets, and obstructions from the work area before our arrival.

The Customer is responsible for ensuring that an authorized adult is present when required, that pets and children are kept away from the work area, and that the property is safe for our technicians.

The Customer is responsible for notifying the Company before the appointment of any known or suspected rodent activity, pest activity, sewage backup, mold, asbestos, hoarding conditions, unsafe access, contamination, or other condition that may affect technician safety or the scope of work.

If we are unable to complete work due to lack of access, unsafe conditions, locked areas, unprepared workspaces, unavailable decision-makers, undisclosed hazards, or other Customer-related delays, additional charges may apply.

9. Site Conditions, Safety, Rodents, and Contamination

The Customer is responsible for providing a safe and sanitary work environment.

The Company reserves the right to suspend, reschedule, refuse, or discontinue work if unsafe, hazardous, unsanitary, or unforeseen conditions are discovered. These conditions may include, but are not limited to, rodent activity, rodent droppings, urine, nesting, carcasses, animal contamination, insects, pests, mold, suspected asbestos, sewage, biohazards, excessive debris, hoarding conditions, structural concerns, unsafe electrical conditions, gas leaks, water damage, or any condition our technicians reasonably determine may create a health or safety risk.

Additional charges may apply for protective measures, specialized cleaning, additional labour, equipment cleaning, disposal, return visits, or coordination required as a result of these conditions.

The Company’s technicians are not required to diagnose, handle, remove, clean, or remediate hazardous, contaminated, pest-infested, or biohazardous materials unless the work is specifically agreed to in writing and can be completed safely.

The Company does not provide pest control, wildlife removal, asbestos abatement, mold remediation, biohazard remediation, or structural remediation unless specifically agreed in writing. The Customer may be required to have the condition inspected, cleaned, treated, or remediated by a qualified third party before work resumes.

If work is suspended or discontinued due to unsafe, hazardous, or unsanitary conditions, the Customer remains responsible for payment for any work completed, materials supplied, diagnostic time, travel, and costs incurred up to that point.

10. Existing Conditions and Hidden Deficiencies

The Company is not responsible for pre-existing conditions, hidden defects, improper prior installation, third-party workmanship, outdated systems, code deficiencies, poor system design, inaccessible components, deteriorated materials, concealed damage, or conditions that could not reasonably be identified before work began.

Additional charges may apply if hidden or pre-existing conditions require extra labour, materials, repairs, replacement, code upgrades, or changes to the original scope of work.

Examples include, but are not limited to, undersized ductwork, leaking ductwork, unsafe wiring, failed breakers, corroded piping, seized valves, improper venting, poor drainage, blocked or deteriorated sewer lines, collapsed piping, root intrusion, pipe offsets, foreign objects, deteriorated equipment, insufficient access, concealed water damage, or previous work completed by others.

11. Customer-Supplied Equipment, Parts, or Materials

If the Customer supplies equipment, parts, fixtures, filters, thermostats, controls, electrical devices, plumbing materials, or other materials, the Company is not responsible for their quality, compatibility, safety certification, warranty, performance, availability, legality, or suitability.

Customer-supplied items must be approved for use in Canada and suitable for the intended application. The Company may refuse to install any Customer-supplied item that appears unsafe, incompatible, incomplete, damaged, uncertified, improperly sized, or unsuitable for the system or property.

Labour to install Customer-supplied materials is not covered by the Company’s standard parts or equipment warranty. If a Customer-supplied item is defective, incompatible, incomplete, damaged, unsafe, or not approved for use, additional charges may apply for diagnosis, removal, replacement, return visits, or installation of approved materials.

12. Substitutions and Product Availability

If specified equipment, parts, or materials are unavailable, delayed, discontinued, or backordered, the Company may recommend a comparable substitute. Any substitute will be selected to provide substantially similar function, quality, or value where reasonably possible.

Material changes in equipment model, price, efficiency, warranty, appearance, or scope of work will be communicated to the Customer when practical.

13. Excess Materials

Any unused or excess materials supplied by the Company remain the property of the Company and may be removed from the premises unless otherwise agreed in writing.

14. Ownership of Materials and Equipment

Materials, parts, and equipment supplied by the Company remain the property of the Company until paid for in full, subject to applicable law.

15. Access, Finishes, and Property Repairs

Some work may require access through walls, ceilings, floors, cabinets, crawlspaces, attics, landscaping, concrete, or finished areas. Unless specifically included in the quote, the Company is not responsible for repairing, repainting, refinishing, patching, restoring, or replacing drywall, flooring, ceilings, cabinets, millwork, landscaping, concrete, tile, or other finishes affected by access requirements.

The Company will take reasonable care while performing work but is not responsible for damage caused by pre-existing weakness, deterioration, improper installation, hidden conditions, or materials that fail during normal service work.

16. Supervision and Worksite Control

The Company will supervise and direct its own work and is responsible for its own methods, procedures, employees, and approved subcontractors.

The Customer must not interfere with, direct, instruct, or supervise Company employees or subcontractors. Concerns or requested changes should be directed to the Company’s office, project manager, or authorized representative.

17. Photos, Records, and Documentation

The Customer authorizes the Company to take photographs or videos of equipment, work areas, serial numbers, installations, deficiencies, completed work, and site conditions for legitimate business purposes, including diagnostics, estimates, customer communication, technician notes, Jobber records, quality control, warranty claims, supplier claims, manufacturer claims, permits, inspections, training, and dispute resolution.

The Company will make reasonable efforts to avoid unnecessary capture of private living areas, personal documents, people, or sensitive personal information. Photos or videos that identify the Customer, occupants, address, or private living areas will not be used for marketing without permission.

Photos or videos may be shared with manufacturers, suppliers, inspectors, insurers, subcontractors, or professional advisors where reasonably necessary for service, warranty, safety, quality control, or legal purposes.

18. Limited Labour Warranty on Work, Repairs, and Installations

All eligible work, repairs, and installations completed by Vernon Air Conditioning, Plumbing & Electrical Services include a standard 90-day labour warranty from the date the work is completed, unless otherwise stated in writing.

For active Club Members in good standing at the time of service, the standard labour warranty is extended to one year from the date the work is completed.

This labour warranty applies to workmanship only and covers labour required to correct an issue directly related to the work performed by the Company. It does not cover parts, equipment, manufacturer defects, maintenance items, consumables, filters, batteries, customer-supplied materials, recurring drain blockages, pest or rodent damage, contamination, pre-existing conditions, third-party work, misuse, lack of maintenance, or issues unrelated to the original scope of work.

This warranty does not cover damage, failure, or performance issues caused by normal wear and tear, misuse, neglect, lack of maintenance, dirty filters, blocked drains, improper operation, frozen piping, water quality, power issues, pest or rodent damage, contamination, acts of nature, third-party work, Customer-supplied materials, pre-existing conditions, system design limitations, existing ductwork limitations, or unauthorized repairs or alterations.

Manufacturer warranties are separate from the Company’s labour warranty and are subject to the manufacturer’s terms, conditions, registration requirements, exclusions, and approval processes. The Company may assist with warranty claims but is not responsible for manufacturer decisions, delays, exclusions, denied claims, shipping costs, diagnostic labour, or labour not expressly covered by the manufacturer.

Unauthorized repairs, alterations, tampering, or service by others may void Company-provided labour warranties.

To qualify for labour warranty coverage, the Customer must notify the Company within the applicable warranty period and provide reasonable access for inspection and correction.

19. Limitation of Liability

To the maximum extent permitted by law, the Company is not liable for indirect, incidental, special, punitive, or consequential damages, including loss of use, loss of comfort, loss of income, loss of business, loss of food, hotel costs, temporary heating or cooling costs, inconvenience, cleanup costs, restoration costs, or other indirect losses.

The Company’s liability is limited to the amount paid by the Customer for the specific product or service giving rise to the claim, except where prohibited by law.

Nothing in these Terms limits rights or remedies that cannot legally be excluded.

20. Right to Refuse or Discontinue Service

The Company reserves the right to refuse, suspend, reschedule, or discontinue service if:

• the site is unsafe or unsanitary;
• the Customer is abusive, threatening, or harassing;
• required access is not available;
• required utilities are not available;
• payment is overdue;
• requested work is outside our scope, licensing, service area, or expertise;
• the work cannot be completed safely or legally;
• required permits, approvals, or inspections are unavailable; or
• conditions are discovered that materially change the risk, cost, or feasibility of the work.

21. Waiver

Failure by the Company to enforce any provision of these Terms does not constitute a waiver of the Company’s right to enforce that provision or any other provision in the future. Any waiver must be in writing and signed by the Company.

22. Assignment

The Customer may not assign or transfer an agreement with the Company without the Company’s written consent. The Company may assign its rights and obligations where reasonably necessary for business, administrative, financing, or operational purposes, subject to applicable law.

23. Notices

Notices must be provided in writing and may be delivered personally, by mail, by email, or by other electronic method using the contact information provided by the Customer or the Company.

24. Relationship of the Parties

The relationship between the Company and the Customer is that of independent contracting parties. Nothing in these Terms creates a partnership, joint venture, employment relationship, agency relationship, or authority for either party to bind the other.

25. Severability

If any provision of these Terms is found to be invalid, unenforceable, or unlawful, the remaining provisions will continue in full force and effect.

26. Survival

Any provision intended to survive completion, cancellation, or termination of the work will remain in effect, including payment obligations, warranty limitations, liability limitations, dispute resolution, and governing law provisions.

27. Counterparts and Electronic Acceptance

Agreements may be signed or accepted in counterparts, electronically, by email approval, by online approval, by text confirmation, by payment, or by allowing work to proceed.

28. Amendments

Any amendment to an accepted quote, invoice, agreement, or project scope must be confirmed in writing by the Company.

29. Interpretation and Order of Priority

If there is a conflict between these Terms and a signed project-specific agreement, the project-specific agreement will apply to the conflicting project-specific item. These Terms will continue to apply to all other matters.

Headings are for convenience only and do not affect interpretation.

30. Governing Law and Dispute Resolution

These Terms are governed by the laws of British Columbia and the applicable laws of Canada.

The parties will first make reasonable efforts to resolve disputes informally. If a dispute cannot be resolved, either party may pursue available remedies through the courts or applicable tribunals of British Columbia, subject to applicable law.