LEGAL INFO
Terms of Service last updated: September 15 2025 [09/15/2025]
Introduction
These Terms of Service ("Terms") govern residential and light commercial heating, ventilation and air conditioning (HVAC) diagnostic, maintenance, repair, installation, tuning and related advisory services (the "Services") provided by Elbrus King Inc (doing business as Elbrus HVAC) ("Elbrus King Inc", "Elbrus", "we", "us" or "our") to you (the "Customer", "you").
Your acceptance occurs when you schedule, verbally approve, sign a proposal, pay a deposit, or allow our technicians to commence work. Please review these Terms and the Privacy Policy before authorizing service.
We may revise these Terms to address regulatory or safety changes, supplier pricing volatility, technology updates, or operational improvements. Revised Terms govern new work orders after posting. If a material change affects an active project, we will notify you; continued performance after notice constitutes acceptance of the revision for that project.
Scope of Services
Services may include diagnostics, tune‑ups, preventive maintenance, repair of failed or failing components, full or partial system replacement, installation of new heating or cooling equipment, indoor air quality accessories, smart thermostats, condensate management, refrigerant leak search and recharge, airflow balancing, and related advisory recommendations.
- Exclusions: Structural carpentry, roofing, electrical service upgrades beyond HVAC disconnects, asbestos or mold abatement, drywall/finish restoration, and remediation of pre‑existing code violations unless expressly quoted.
- Unforeseen Conditions: Hidden defects (e.g., concealed refrigerant leaks, undersized ducts, deteriorated line sets, corroded wiring) discovered after work starts may require a change order and price adjustment.
Estimates, Proposals & Price Validity
Written or electronic proposals describe recommended scope, model identifiers where applicable, and pricing assumptions. Verbal ballpark figures are non‑binding until converted to a written estimate.
- Validity Period: Each proposal is valid until the earlier of (a) the stated expiration date or (b) a supplier / manufacturer material price change impacting quoted equipment or materials. We may require repricing before scheduling if either threshold is reached.
- Scope Reliance: Pricing assumes existing electrical, gas, condensate and duct infrastructure is serviceable and code‑compliant. Deficiencies may result in additional charges with your approval.
- Change Orders: Any Customer‑requested deviation or code-mandated corrective discovered mid‑project will be documented; work pauses until approved verbally or in writing.
Deposits & Scheduling
A deposit may be required to reserve installation or major repair labor and to order equipment.
- Non‑Refundable Trigger: Deposits become non‑refundable immediately after we place the equipment or special‑order material purchase with a supplier. Prior to that event you may cancel for a full refund.
- Failure to Proceed: If you cancel after the non‑refundable trigger or refuse scheduled installation without rescheduling within 14 days, the deposit is forfeited and may be applied to restocking or holding costs.
- Scheduling: We provide an approximate appointment time with notification prior to dispatch. Arrival windows may adjust for weather, safety or prior job overruns; we will communicate material delays.
Permits, Codes & Customer Direction
We recommend obtaining all legally required permits and following prevailing mechanical, electrical, fuel gas, energy and building codes. Our proposals may note permit fees separately or indicate "permit by Customer" if you choose to self‑manage.
- Permits Are Mandatory Where Required: We will not knowingly perform work that legally requires but lacks an applicable permit. If you request unpermitted work we will decline or pause the project until compliance is arranged.
- Code Upgrades: Mandatory upgrades (e.g., condensate overflow protection, combustion air, electrical disconnect clearance) identified during work will be priced and require approval before completion unless life‑safety related.
Access, Site Conditions & Customer Responsibilities
- Provide safe, unobstructed access to equipment, attic, crawl, electrical panel and gas shutoff.
- Secure pets, clear fragile items and disclose known hazards (mold, asbestos, prior refrigerant leaks, structural weaknesses).
- Maintain ambient conditions (power on, gas service active) necessary for commissioning.
- Ensure adults (18+) authorized to approve changes are present or reachable during work.
Refrigerants & Environmental Handling
- All refrigerant recovery, recycling and charging performed per EPA Section 608 and manufacturer specifications.
- Leak repairs may require nitrogen pressure testing, dye, or electronic detection billed as diagnostic labor plus materials.
- Recharging without confirmed leak isolation is a temporary measure and carries no warranty on refrigerant loss recurrence.
Warranties
Labor warranty per company profile (e.g., tune‑up tasks and standard repair workmanship) applies only to the original Customer at the service address and is void if third parties modify the installation, filters are neglected, or recommended corrective items are refused.
- Manufacturer Warranties: Governed solely by the issuing manufacturer’s written terms; registration or documentation may be required. We are not liable for manufacturer processing delays.
- Exclusions: Consumables (filters, belts, fuses), refrigerant lost to leaks after initial verified correct charge, failures caused by power surges, flooding, abuse, lack of maintenance, or pre‑existing latent defects not observable at time of service.
Payment Terms & Surcharges
Payment is due as stated on the invoice (e.g., deposit upfront, balance on substantial completion or commissioning).
- Accepted Methods: Cashless methods only (cards, digital). We do not accept cash on site.
- Card Surcharge: A disclosed card processing surcharge may apply where permitted by law and will be itemized.
- Late Payment: Past‑due balances may incur reasonable administrative or collection recovery charges; equipment warranties may be suspended until payment.
Cancellations & Rescheduling
- Standard service calls: Please provide notice prior to dispatch notification to avoid a trip charge.
- Installation / major project: Cancellation after equipment is ordered falls under non‑refundable deposit clause.
- Repeated rescheduling (2+ customer‑initiated) may require an additional scheduling fee or prepayment of remaining balance.
Photographs, Diagnostics Data & Retention
We may capture photographs, thermal readings, pressure readings, serial/model numbers, error codes, and performance metrics to document conditions, warranty eligibility, safety compliance and training.
- Operational Use: Internal documentation, warranty support, safety verification, quality control, anonymized training datasets.
- Marketing Use: Before/after images or identifiable media used externally only with your explicit verbal or written opt‑in (logged internally). Declining does not affect service quality.
- Retention: Diagnostics and photos retained indefinitely unless you request erasure; we may retain items needed for (a) legal compliance, (b) active / potential warranty or safety claims, or (c) defending a dispute.
- Customer Data Rights: You may request a summary of retained non‑financial data pertaining to your equipment history.
Hazardous Materials & Stop‑Work Conditions
- If suspected asbestos, mold, friable insulation, structural instability, pest infestation, live electrical hazard or unsafe gas condition is discovered, we may halt work immediately and secure the area.
- Work resumes only after certified remediation or correction by you or your third‑party contractor; delays extend timelines without liability for schedule impact.
- Discovery of concealed damage or code violations outside quoted scope may be treated as a change order.
Force Majeure (Events Beyond Control)
We are not liable for delay or non‑performance caused by events beyond reasonable control including extreme weather, supply chain disruption, strikes, epidemics, utility outages, transportation failure, acts of government, or unavailability of critical components. Time for performance is extended for the duration of the event plus reasonable recovery.
Energy Performance & Efficiency Disclaimer
Any stated efficiency ratings, projected savings, capacity improvements or comfort outcomes are estimates derived from manufacturer data and typical use assumptions. Actual performance varies with envelope quality, occupant behavior, maintenance frequency, regional climate and utility rate changes.
Smart / Connected Devices & Networks
- We are not responsible for third‑party cloud outages, API changes, manufacturer firmware issues or your local network / Wi‑Fi instability affecting device functionality.
- Cybersecurity hardening beyond default manufacturer implementation is outside standard scope unless separately contracted.
Collections & Recovery Costs
You agree to reimburse reasonable collection agency fees, court filing costs and attorney fees we incur enforcing unpaid balances not disputed in good faith.
Privacy & Personal Data (Summary)
We collect only operationally necessary contact, service location, equipment and limited usage data plus optional marketing preferences. See Privacy Policy for full GDPR‑aligned rights (access, correction, erasure, restriction, portability and objection).
Liability Limitation & Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY LAW OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS (IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) USD $5,000 OR (B) THE AMOUNT YOU PAID US FOR THE SPECIFIC WORK ORDER GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, LOSS OF USE, LOSS OF PROFITS, OR INCIDENTAL DAMAGES.
- You agree to indemnify and hold us harmless from third‑party claims arising out of your misuse, unsafe operation, failure to perform recommended maintenance, or instruction to bypass permits or code requirements.
- No limitation applies to our gross negligence or willful misconduct where prohibited by law.
Binding Arbitration; Waiver of Class & Jury Trial
GOVERNING LAW: These Terms and any dispute are governed by New Jersey law (for projects in NY to the extent not preempted by mandatory NY consumer protections) without regard to conflict principles.
- Good Faith Negotiation: Before filing arbitration, a party must send written notice describing the claim; parties will attempt resolution for 30 days.
- Arbitration Requirement: Any dispute, claim or controversy arising out of or relating to the Services or these Terms shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Rules if applicable, otherwise Commercial Rules.
- Venue & Process: Arbitration seated in New Jersey; for NY projects remote video or document‑only proceedings may be used unless an in‑person hearing is required by the arbitrator.
- Costs: We will pay any filing or arbitrator fees beyond the first $250 you contribute, unless the arbitrator finds your claim frivolous under applicable standards.
- No Class / Consolidated Actions: Claims must be brought individually; class, collective or representative proceedings are waived to the fullest extent permitted by law.
- Injunctive Relief: Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect confidential information or safety while arbitration proceeds.
- Small Claims Opt‑Out: You may choose to bring an individual claim in small claims court located in the county of service if it qualifies and remains on an individual basis; filing there constitutes opting out of arbitration for that claim only.
- Severability: If the class waiver is found unenforceable as to a particular claim, that claim only shall proceed in court; the remainder arbitrated.
Severability & Entire Agreement
If any provision is held unenforceable the remaining provisions remain in effect. These Terms together with any signed or accepted proposal and documented change orders constitute the entire agreement regarding the Services and supersede prior oral discussions.
Acceptance
You acknowledge you have authority to bind the property owner or responsible party and accept these Terms by: (i) requesting service; (ii) providing verbal approval to proceed; (iii) paying a deposit; (iv) allowing technicians access; or (v) signing a proposal electronically or physically.