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1. Scope of Work & Estimates

• Fixed Quotes vs. Estimates: State that estimates are valid for 30 days. Mention that any unforeseen issues (e.g., hidden mold, structural issues, or electrical non-compliance) will require a change order.

• Access to Premises: The client must provide a safe, clear path to the equipment. If you can’t get in at the scheduled time, mention a possible \"dry run\" or rescheduling fee.

2. Payment Terms

• Residential (NYS Lien Law): For larger installs, outline a payment schedule (e.g., 30% deposit, 40% on delivery of equipment, 30% upon completion).

• Commercial: Specify \"Net 30\" or \"Due upon receipt.\"

• Late Fees: State a specific interest rate (e.g., 1.5% per month) for overdue invoices.

• Collections: State that the client is responsible for all legal and collection fees if payment is withheld.

3. Warranties & Limitations of Liability

• Workmanship Warranty: Usually 1 year for labor.

• Manufacturer Warranty: Clarify that equipment warranties are provided by the manufacturer (e.g., Carrier, Trane), not you. You are the installer, not the builder of the unit.

• Exclusions: You aren't liable for pre-existing conditions, drain line clogs (after you leave), or damage caused by \"Acts of God\" (NYC flooding, anyone?).

• The \"No Consequential Damage\" Clause: State that you are not liable for lost profits (commercial) or temporary lodging (residential) if a system fails.

4. Permits & Regulations

In the five boroughs, the DOB (Department of Buildings) is a major factor.

• Responsibility: State whether the client or the contractor is responsible for filing fees and permits.

• Code Compliance: Note that if a system cannot be installed as requested due to NYC code violations, an alternative solution must be agreed upon at the client's expense.

5. Cancellations & Emergency Service

• Standard Cancellation: Requires 24–48 hours' notice to avoid a service call fee.

• Emergency Rates: Define your \"after-hours\" or \"holiday\" windows and state that premium rates apply.

• Right to Rescind: For residential NY contracts signed at the home, you must include the legally required \"3-day right to cancel\" notice.

6. NY-Specific Clauses

• Mechanic’s Lien: Include a notice that you reserve the right to file a lien against the property if payment is not made, as per New York State law.

• Governing Law: State that any disputes will be handled in the courts of the specific county (e.g., Nassau, Suffolk, or Kings County).

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Terms and conditions

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