Terms of Service

These Terms and Conditions (“Agreement”) govern the services provided by ProsWay Plumbing & HVAC (“Company”) to its clients (“Customer” or “You”). By engaging our plumbing and HVAC services, accepting an estimate, or agreeing to an invoice, you agree to the following terms of service:

1. Payment Terms

1.1 Invoicing Process:

• Invoices are issued upon the completion of work or at agreed milestones for larger projects. They detail costs for materials, labor, and other charges.

1.2 Payment Due Date:

• Payments are due upon receipt of the invoice and must be completed within 30 calendar days unless otherwise agreed in writing.

1.3 Payment Methods:

Accepted payment methods include:

• • Cash
  • Check
  • Credit Cards (Visa, MasterCard, American Express)
  • Electronic Funds Transfer (EFT)
  • Online payments via PayPal or Stripe

1.4 Late Payments:

• Payments not received within 30 days will incur a late fee of 3% per month (compounded monthly) or the maximum rate permitted by law, whichever is lower.
• A minimum late fee of $50 applies.
• If payment is not received within 60 days, the Company may suspend services until full payment is received. Additional collection costs, including attorney fees, are the Customer’s responsibility.

1.5 Disputed Invoices:

• Any disputes must be submitted in writing within 5 business days of the invoice date. The undisputed portion remains due by the original due date.

2. Estimates and Work Scope

2.1 Provision of Estimates:

• Estimates are based on available information and represent a good-faith approximation. They are not binding.

2.2 Estimate vs. Fixed-Price Quote:

• An estimate is approximate. Fixed-price quotes are binding but must be agreed upon in writing.
• Any additional work beyond the scope of a fixed-price quote requires a Change Order.

2.3 Change Orders:

• Any changes to the scope of work, whether due to unforeseen circumstances or Customer requests, require written approval.
• Change Orders specify additional work, costs, and timeline impacts.

2.4 Customer Responsibilities:

• Provide site access and ensure the workspace is free from obstacles.
• Disclose known issues, such as structural problems, hazardous materials, or prior code violations.
• Timely communication regarding approvals or changes to the project.

3. Cancellations, Refunds, and Warranties

3.1 Cancellations:

• Customers may cancel services with written notice at least 48 hours before the scheduled work. Cancellation fees may apply for late notice.

3.2 Refunds:

• Refunds for prepaid services are provided on a prorated basis, less costs incurred by the Company.

3.3 Warranties:

• Workmanship is warranted for 12 months from the completion date.
• Material warranties follow the manufacturer’s terms.
• Warranties do not cover misuse, neglect, or unauthorized modifications by the Customer.

4. Dispute Resolution and Governing Law

4.1 Dispute Resolution:

• The parties agree to attempt informal resolution first. If unsuccessful, mediation will follow. If necessary, disputes may proceed to binding arbitration.

4.2 Governing Law:

• The laws of New Jersey govern this Agreement.

5. Limitations of Liability

5.1 General Limitation:

• The Company is not liable for any indirect, incidental, or consequential damages arising from the services provided.

5.2 Site Conditions:

• The Company is not responsible for hidden or pre-existing conditions that could not be identified during the initial inspection, including structural issues, hazardous materials, or non-compliant plumbing or HVAC systems.

5.3 Third-Party Delays:

• The Company is not liable for delays caused by third parties, such as permit approvals or supplier disruptions.

6. Miscellaneous Provisions

6.1 Entire Agreement:

• This Agreement, along with any associated documents, constitutes the entire agreement between the Company and the Customer.

6.2 Severability:

• If any provision is deemed invalid, the remaining provisions remain in effect.

6.3 No Waiver:

• Failure to enforce any provision does not waive the right to enforce it later.

6.4 Force Majeure:

• The Company is not liable for delays or failures due to causes beyond its control, including natural disasters, pandemics, or governmental actions.

6.5 Notices:

• All notices must be in writing and delivered to the Company’s address or email provided in the invoice or service agreement.