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Contract Terms

CK Mechanical Terms and Conditions

 

1. Scope of Agreement

These Terms and Conditions (“Terms”) govern the engagement of CK Mechanical (“Contractor”) by the Customer (“Customer”) for the provision of construction, installation, or service work (“Services”). These terms take precedence over any conflicting provisions contained in any other documents or communications.


2. Service Rates and Billing


2.1 Standard Rates

The Contractor offers standard service rates for work performed during regular business hours, defined as Monday through Friday, from 7:00 AM to 4:00 PM Eastern Time.  CK Mechanical offers customers two scheduling windows during standard business hours, which are 8-12 PM and 12-4 PM.


2.2 After-Hours and Holiday Rates

Services rendered outside of standard business hours, including evenings (weekdays after 4:00 PM), weekends, and designated holidays, will be billed at a time-and-a-half rate.  Designated Holidays:

New Year’s Eve, New Year’s Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day


2.3 Travel Time

The Customer acknowledges that travel time incurred by the Contractor in reaching the service location will be considered billable time. The specific method for calculating travel time charges (flat rate, hourly rate, etc.) will be detailed upon customer request.


2.4 Additional Charges

Depending on the specific service location, additional charges beyond the standard rates and travel time may apply. The Contractor will provide details upon customer request.


3. Payment Terms and Conditions


3.1 Price Quotes and Validity

Prices quoted by CK Mechanical are valid for a period of thirty (30) days from the date of

issuance.


3.2 Deposits

As of January 1, 2024, CK Mechanical reserves the right to require a 50% deposit for any service.


3.3 Payment Terms


  • Standard Terms:  Unless otherwise agreed upon in writing, full payment for services rendered is due upon completion of the work.
  • Alternative Payment Terms:  Customer and CK Mechanical may establish alternative payment terms through a mutually agreed upon written agreement.
  • Right to Demand Payment:  CK Mechanical reserves the right to demand cash on delivery for services rendered.  Payment for equipment upon receipt by CK Mechanical.  Payment for materials fabricated by CK Mechanical for any project.

3.4 Payment Methods

CK Mechanical accepts the following payment methods:

Cash, Credit Cards, Checks, ACH payments


3.5 Returned Checks

A $50.00 service charge will be applied to any check returned due to insufficient funds. In such cases, a cashier’s check or credit card payment will be required to settle the outstanding balance before further services are rendered.


3.6 Credit Card on File

Effective January 1, 2024, at the discretion of CK Mechanical customers may be required to provide a credit card to be kept on file with CK Mechanical. Authorization is hereby granted to CK Mechanical to charge the credit card on file for any past due balance.


3.7 Late Payment


  • Interest: Customer agrees to pay a late fee of one and one-half percent (1.5%) per month on any outstanding balance.
  • Attorney’s Fees: Customer shall be responsible for all reasonable attorney’s fees incurred by CK Mechanical in the collection of unpaid balances.

3.8 Suspension of Work

CK Mechanical reserves the right to suspend work on any project for Customer or Owner due to Customer’s failure to make full payment. This suspension applies to both the current project and any future projects. CK Mechanical shall not be liable for any damages arising from such suspension.


3.9 Removal of Materials and Personnel

In the event of non-payment, CK Mechanical may, without prior notice, remove all personnel and stored materials from the project site.


3.10 Offsets and Credits

Customer shall not be entitled to any credit or offset against payment for Services refused due to non-payment.


3.11 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland.


4. CK Mechanical Contracts and Quotes


4.1 Contracts

CK Mechanical offers its customers maintenance agreements on all heating, air conditioning, ventilation, and commercial refrigeration equipment.  Upon entering into a maintenance contract with contractor, customer agrees to an annual 5% increase of the maintenance total cost.  Contract will automatically renew annually until one of the entered parties terminates the contract in writing thirty (30) days or more before the renewal date.


4.2 Quotes

CK Mechanical provides quotes for repair and installation work to be performed.  Each quote provided is only valid for thirty (30) days.  Should customer want to proceed with work outlined on an expired quote, CK Mechanical will check pricing and provide updated pricing information.  All quotes are required to be approved electronically through the email sent from CK Mechanical.  A signature is required for all work performed by CK Mechanical.


5. CK Mechanical Warranties and Limitations of Liability


5.1 Manufacturer Warranties

All materials, parts, and equipment used by CK Mechanical (“Contractor”) are warranted solely by their respective manufacturers or suppliers (“Manufacturers”). The scope and duration of such warranties are determined solely by the written manufacturer’s warranty documents. Contractor makes no additional warranties, express or implied, regarding these materials, parts, or equipment. Contractor’s agents or technicians are not authorized to make any warranties on behalf of Contractor that are inconsistent with the Manufacturers’ warranties.  End user is responsible for any charges related to the customer or unit not being ready or available for service, extra hours, service calls, mileage, freight/shipping charges, or miscellaneous tools, equipment and/or materials.


5.2 Contractor Labor and Materials Warranty

Contractor warrants that all contract labor and materials it supplies will be free from defects in materials and workmanship for a period of one (1) year from the date of installation. This warranty applies to:

Materials

Parts

Equipment used in complete systems


5.3 Repair Warranties

Contractor warrants its repair work for a period of thirty (30) days following the completion of the repairs, provided that all recommended repairs are accepted and performed by Contractor.


5.4 Warranty Service

All warranty work must be performed by Contractor.

Customer will not be reimbursed or compensated for any warranty work performed by a third party.


5.5 Disclaimer of Other Warranties

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WRITTEN, ORAL, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.


5.6 Third-Party Service

Any service performed on equipment installed by CK Mechanical by a party other than CK Mechanical will void the warranties provided in this document.


5.7 Limitation of Liability

THE CUSTOMER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS OF CONTRACTOR WITH RESPECT TO FITNESS, MERCHANTABILITY, AND CONSEQUENTIAL DAMAGES) OR INCLUDING NEGLIGENCE OR BREACH OF WARRANTY ON THE PART OF THE MANUFACTURER OF ANY EQUIPMENT INSTALLED BY THE CONTRACTOR.


All warranty work shall be performed during Contractor’s standard business hours, Monday through Friday, from 7:00 AM to 4:00 PM. Warranty work requested outside of standard business hours will be billed at a rate of one-half (1/2) the standard labor rate or applicable holiday rate.


This warranty is null and void if the Customer has any outstanding balances due to Contractor.

Contractor shall not be liable for any of Customer’s incidental or consequential expenses, including but not limited to lost wages or downtime.


5.9 Superior Force Clause

CK Mechanical shall not be liable for any delay, loss, or damage caused by:

  • Unavailability of machinery, equipment, or materials
  • Delays by carriers, strikes, lockouts, civil or military authority
  • Riots, acts of God, any other cause beyond its reasonable control

5.10 Assignment of Manufacturer Warranties

CK Mechanical hereby assigns to the Customer all warranties provided to Contractor by any Manufacturer, subject to the limitations set forth in this document. CK Mechanical shall have no independent liability concerning any Manufacturer’s warranty.


5.11 Customer Responsibility

The Customer is responsible for all materials and labor not covered under the Manufacturer’s warranty.  The Customer shall pay for all service calls if it is determined that the service request was not related to a covered warranty issue.


6. CK Mechanical Site Conditions, Insurance, and Termination


6.1 Site Access

Customer or property owner shall grant CK Mechanical (“Contractor”) unhindered access to the work area for delivery of materials, personnel, and equipment necessary to perform the work.

Standard scheduling presumes suitable conditions for equipment, materials, and work placement. Significant deviations from these conditions may necessitate additional charges for Contractor.


Customer or a designated onsite project manager is responsible for scheduling and communicating with all trades involved in the project regarding the site conditions, project status, and work scope.


Any delays or obstructions caused by a lack of communication from Customer or the designated project manager will result in a minimum charge of three (3) hours per Contractor personnel deployed, as determined by Contractor based on the encountered conditions.


This includes delays or changes in the scope of work caused by Customer, property owner, or other contractors or tradespeople working on the site.


6.2 Insurance

Contractor shall maintain general liability insurance to cover personal injury or damage to tangible property arising from its work. A certificate of insurance can be provided upon request.


6.3 Termination

Contractor reserves the right to terminate this Agreement for cause, including but not limited to non-payment or any other breach of these Terms and Conditions.


6.4 In the Event of Termination by Contractor

Contractor shall be entitled to full payment for all services rendered or incurred, including design, installation, handling charges, administrative costs, collection costs, and project-related expenses. If the termination is due to non-payment by Customer or any reason not solely caused by Contractor’s actions or omissions, Contractor shall also be entitled to recover its projected profit for the project.


Contractor reserves the right to modify these Terms and Conditions at its sole discretion.

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