Terms of Service

These Terms of Service ("Terms") form a binding agreement between Com+ Mechanical LLC ("Com+ Mechanical," "we," "us," or "our") and the client, building owner, property manager, tenant, contractor, or other party requesting or receiving services from us (the "Client" or "you"). By engaging our services, signing a proposal or work order, or using our website, you agree to these Terms.

1. Acceptance of Terms

By requesting, scheduling, authorizing, or accepting any service, proposal, estimate, work order, service agreement, or maintenance contract from Com+ Mechanical, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of a company, property, or other entity, you represent that you have the authority to bind that entity. If you do not agree with any provision of these Terms, you must not use our services.

2. Services Provided

Com+ Mechanical is a commercial HVAC contractor serving New York. Our services include, but are not limited to:

• Rooftop unit (RTU) installation, replacement, service, and preventive maintenance
• VRF/VRV system design, installation, commissioning, and service
• Commercial boilers, hydronic systems, and heating plant service
• Split systems, packaged units, make-up air, and ventilation equipment
• Building automation, controls, and thermostat integration
• Indoor air quality, filtration, and code-compliant ventilation upgrades
• 24/7 commercial emergency response and rapid dispatch
• Planned and preventive maintenance agreements

Specific scope, equipment, materials, and exclusions for any project are governed by the signed proposal, work order, or service agreement applicable to that engagement. In the event of any conflict between these Terms and a signed agreement, the signed agreement controls for that engagement.

3. Service Agreements & Scheduling

Service is provided under a written proposal, work order, or maintenance agreement that defines scope, price, term, and inclusions. Recurring maintenance agreements renew on the schedule stated in the agreement unless terminated in writing.

Appointments may be scheduled by phone, email, or our website. Estimated arrival windows and project timelines are good-faith estimates and may be affected by weather, parts availability, permit timelines, site access, utility coordination, or other circumstances outside our reasonable control. Client agrees to provide:

• Safe, lawful, and timely access to all work areas, roofs, mechanical rooms, and equipment
• Adequate electrical power, water, and staging space as reasonably required
• Accurate information regarding existing systems, hazards, and building conditions
• Any required tenant, landlord, or building management approvals

4. Payment Terms

Unless otherwise stated in a signed proposal, payment terms are net thirty (30) days from invoice date. Installation and capital projects may require a deposit, progress payments, and final payment upon substantial completion. Time-and-materials service is invoiced upon completion of each visit.

We accept ACH, check, and major credit cards (a processing surcharge may apply to card payments where permitted by law). Past-due balances accrue a finance charge of 1.5% per month (18% per annum)or the maximum rate permitted by New York law, whichever is lower. Client is responsible for all reasonable costs of collection, including attorneys' fees.

Title to materials and equipment remains with Com+ Mechanical until paid in full, and we reserve all statutory mechanic's lien rights under New York law.

5. Cancellation Policy

Non-emergency service appointments may be cancelled or rescheduled at no charge with at least twenty-four (24) hours advance notice. Cancellations with less than 24 hours' notice, or failure to provide access at the scheduled time, may be subject to a trip and dispatch fee.

For installation and capital projects, cancellation after material has been ordered, fabricated, or staged will be subject to restocking fees, non-refundable deposits, and reasonable charges for labor and engineering already performed.

Maintenance agreements may be terminated as stated in the agreement; pre-paid amounts for services not yet performed will be refunded on a pro-rated basis less any discount previously applied.

6. Limitation of Liability

To the maximum extent permitted by law, Com+ Mechanical's total aggregate liability arising out of or related to the services, these Terms, or any related proposal or agreement, whether in contract, tort (including negligence), warranty, or otherwise, shall not exceed the amount actually paid by Client to Com+ Mechanical for the specific service giving rise to the claim.

In no event shall Com+ Mechanical be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost business, business interruption, loss of tenants, food spoilage, inventory loss, mold, or damages to building contents, even if advised of the possibility of such damages. This limitation does not apply to liability that cannot be limited under applicable law, including liability for gross negligence or willful misconduct.

7. Warranty Disclaimer

Com+ Mechanical warrants its workmanship for a period of one (1) year from the date of substantial completion of the applicable service, unless a different period is expressly stated in a signed proposal or agreement. Equipment, parts, and materials are covered solely by the manufacturer's warranty; we will reasonably assist Client in processing manufacturer warranty claims.

EXCEPT FOR THE EXPRESS WORKMANSHIP WARRANTY ABOVE, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND COM+ MECHANICAL DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Our warranty does not cover damage caused by misuse, abuse, neglect, lack of maintenance, unauthorized modifications, power surges or quality issues, acts of God, vandalism, water intrusion, corrosive environments, or work performed by others.

8. Intellectual Property

All proposals, drawings, designs, specifications, calculations, sequences of operation, reports, photographs, software configurations, and other materials prepared by Com+ Mechanical are and remain our intellectual property. Client receives a non-exclusive, non-transferable license to use such materials solely for the operation and maintenance of the equipment installed at the project site.

All content on the Com+ Mechanical website, including text, graphics, logos, trademarks, images, photographs, and software, is owned by or licensed to Com+ Mechanical LLC and is protected by U.S. and international copyright and trademark laws. You may not copy, reproduce, distribute, modify, or create derivative works without our prior written consent.

9. Governing Law

These Terms and any dispute arising out of or related to the services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, for any action not subject to arbitration. The parties irrevocably waive any right to a jury trial to the maximum extent permitted by law.

10. Contact Information

Questions, notices, or requests regarding these Terms should be directed to:

Com+ Mechanical may revise these Terms from time to time. Updated Terms are effective upon posting to our website. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.