Terms and Conditions

1. Acceptance of Terms

By scheduling or receiving services from Quam Comfort Heating & Cooling LLC (“Company”, “we”, “us”), you (“Customer”) agree to these Terms and Conditions (“Agreement”). This Agreement governs all work, service, estimates, and maintenance performed by the Company in the State of Arizona.

2. Scope of Services

  • The services to be rendered will be described in your written Work Order, Invoice, or Statement of Work (“SOW”).
  • Any additional or changed services must be approved in writing by both Parties and may incur extra charges.

3. Licensing, Permits, and Compliance

  • Quam Comfort is a licensed HVAC contractor regulated by the Arizona Registrar of Contractors. All installations and repairs comply with applicable Arizona state, Maricopa County, and local building codes. Arizona Department of Revenuearistotleair.comVarsity Zone
  • The Customer is responsible for obtaining HOA approvals or property-specific permits when required.

4. Payment Terms

  • Prices are due as stated on the Work Order. A deposit may be required before work begins.
  • Final payment is due upon completion or as outlined in the SOW. Payments not received within 15 days of invoice may accrue late fees.

5. Changes & Extra Work

  • Additional work not in the original SOW requires a separate agreement and may need full prepayment.

6. Warranty & Disclaimers

  • Quam Comfort warrants workmanship for 30 days post-service unless otherwise stated. Manufacturer warranties apply to equipment.
  • Except where prohibited by law, all implied warranties (e.g., merchantability, fitness for a particular purpose) are disclaimed.

7. Limitation of Liability

  • Except for mandatory legal liabilities, Quam Comfort’s maximum liability under this Agreement shall not exceed the total fees paid by the Customer for the specific services under dispute.
  • The Company is not liable for indirect or consequential damages.

8. Termination

  • Either party may terminate the Agreement for material breach if the breach is not cured within 10 days of written notice.
  • The Customer remains responsible for payment for completed work up to the termination date.

9. Resolution of Disputes

  • This Agreement is governed by the laws of the State of Arizona. Legal disputes shall be resolved in a competent court in Maricopa County. Prevailing parties may recover reasonable legal costs.

10. Contractor’s Lien Rights

  • If unpaid, the Company reserves the right to file a mechanics’ lien per Arizona law. A preliminary 20-day notice will be issued as required by A.R.S. § 33-992.01, and lien foreclosure must be pursued within 180 days. Jones, Skelton & Hochuli, P.L.C.

11. Consumer Protection Compliance

  • All marketing and services comply with the Arizona Consumer Fraud Act (ACFA). The Company does not engage in deceptive or misleading practices. Customers have remedies under ACFA for misrepresentation. Wikipedia

12. Tenant / Rental Properties

  • If servicing a rental property, the Customer confirms they have authorization to request services. Landlord-tenant disputes regarding habitability are governed by Arizona Tenant Law (ARS §§ 33-1324, 33-1364). Quam Comfort’s contract does not override those legal obligations.

13. Entire Agreement

This Agreement, including any SOW or invoices, constitutes the entire understanding between Customer and Quam Comfort. Any modifications must be in writing and signed by both Parties.

14. Severability

If any provision is determined invalid or unenforceable, that provision will be modified or severed as needed without invalidating the entire Agreement.

15. Assignment

Customer may not assign this Agreement without prior written consent from Quam Comfort. Quam Comfort may assign this Agreement at its discretion without notice.