TERMS OF SERVICE FOR RESIDENTIAL AND COMMERCIAL HVAC/R SERVICES

From:  Utah Mechanical Systems, LLC; Doing Business as, “Utah Mechanical Heating and Air Conditioning”

Subject:  Terms of Use, Condtions, and Service

Last Updated: August 25, 2025

 

 

 

Utah Mechanical Systems, LLC
License number 13502691-5501
Insurance ZR8141

TERMS OF SERVICE  FOR RESIDENTIAL AND COMMERCIAL HVAC/R SERVICES 

 Effective Date: 14 August 2025 These terms supersede and replace all prior terms.
Full Terms of Service are available at https://utahmech.com/terms-of-service/

1. Introduction

Welcome to Utah Mechanical Systems, LLC (“Company,” “we,” “our,” or “us”). By hiring our services or using our website www.utahmech.com (the “Site”) and our HVAC/R services (the “Services”), you agree to comply with these Terms of Service (“Terms”). These terms protect our business, team, and customers from abuse and financial risk. If you do not agree, do not use our Services.

 

2. Services Provided

We offer full-service residential, commercial, and industrial HVAC/R solutions, including but not limited to:

• Air conditioning installation and repair
• Furnace installation and repair
• Heat pumps (air source, dual fuel, and geothermal)
• Mini-split systems (single and multi-zone)
• VRF/VRV systems
• Boilers (residential and commercial) 
• Chillers
• Hydronic heating systems
• Radiant floor heating
• Ice melt systems
• Cryogenics and specialty refrigeration
• Walk-in coolers and freezers
• Reach-in refrigeration units
• Commercial refrigeration systems
• Refrigerated prep tables and display cases
• Make-up air units
• Exhaust fans and ventilation systems
• Spa and pool heaters
• Humidifiers and dehumidifiers
• UV air purifiers and electronic air cleaners
• ERV and HRV ventilation systems
• Smart thermostats and zoning control systems
• Rooftop units (RTUs)
• Air handlers and fan coil units
• Ductless and concealed duct installations
• Custom sheet metal and duct fabrication
• Duct sealing, cleaning, and modifications
• Building automation and control systems (BAS)
• HVAC system inspections and energy audits
• Permitting and code compliance support
• 24/7 emergency service

All Services are performed by certified, union-trained technicians with OSHA 30 certifications. We never hide upsells or fees and will only recommend work that is justified.

 

3. Non-Negotiable Pricing for Services Rendered

All prices we present are final and non-negotiable. We do not haggle or adjust pricing outside our established discount, rebate, or promotional programs. We have set rules and policies for special pricing, rebates, and discounts for qualifying customers. Any attempt to coerce, pressure, negotiate, or manipulate pricing outside these policies is considered Theft of Service.

 

4. Diagnostic Fee

• Residential: $149 flat fee, due before service. Not applied to repairs, but applied to full equipment replacements.
• Commercial: $159/hour for inspections/diagnostics. Applied to repairs if feasible and approved.
• Non-Payment: Refusal to pay for diagnostics will be treated as Theft of Service.

   

5. Deposits

• Repair/Install/Replacement: 50% of the total estimated cost or total equipment cost (whichever is higher) due before work over $500 begins.
• Applied to the final invoice; balance due upon completion.

   

6. Payment Terms

• Upfront Payment: Diagnostic fee or deposit required before service begins.
• Final Payment: Due immediately upon completion of work.
• Payment Methods: PayPal, Venmo, CashApp, Zelle, Meta Pay, cash, check, major credit/debit cards (processing fees apply), and financing options (subject to their terms and processing fees).
• Returned Payments: $35 fee for any returned/bounced payments.
• No Harassment: Harassment or abuse to obtain discounts will be prosecuted as Theft of Service.
• Net 30 (Commercial Only): Must be approved in writing.

 

7. Retention of Title

All equipment, parts, and materials provided by Utah Mechanical Systems, LLC remain the property of the Company until paid for in full. If payment is not made as agreed, we may, in accordance with Utah law, repossess or recover installed equipment without waiving any other legal remedies available to us.

 

8. Third-Party Payment & Property Owner Responsibility

• If work is arranged through a warranty company, property manager, general contractor, or other third party, we will follow their procedures for payment.
• If they fail to pay within 30 days, the property owner is fully responsible for payment.
• We retain lien rights on all unpaid jobs.

   

9. Late Payment Policy

• Late Fee: $75 added to past due invoices.
• First 30 Days Interest: 18% APR, compounded daily.
• After 30 Days: 28% APR, compounded monthly on the total balance (invoice + fees + interest).
• Collection Fee: After 60 days, 30% of the unpaid balance added before sending to collections.
• Legal/Collection Costs: Customer responsible for all costs incurred in recovering payment.

   

10. Failure to Pay

If payment is not made in full when due, the following actions may be taken:

• Lien on property — a mechanic’s lien may be filed against the serviced property to secure payment.
• Legal action and associated fees — court proceedings may be initiated to recover the unpaid balance plus allowable costs.
• Law enforcement involvement — law enforcement may be contacted to investigate suspected criminal activity and/or accompany company representatives during in-person collection, with delivery of a demand letter, preliminary lien notice, and invoice.
• Blacklisting — the customer may be placed on an internal and/or public industry non-service list to prevent future work.
• Service suspension, interruption, removal, and/or disabling — all equipment, parts, and materials remain the property of Utah Mechanical Systems, LLC until paid for in full. We reserve the right to suspend, interrupt, disable, or remove installed equipment in the event of non-payment, in accordance with Utah law, without waiving any other legal remedies available to us.
• Credit reporting — delinquent accounts may be reported to credit bureaus as unpaid debt.
• Criminal charges — charges may be pursued under Utah theft of service laws when applicable.
• Replevin or recovery actions — installed equipment may be repossessed if ownership has not legally transferred under these Terms.
• Acceleration of all amounts due — all remaining balances or installments may become immediately payable upon default.
• Assignment of debt to a collection agency — accounts more than 30 days overdue may be turned over to collections.
• Reporting to industry contractor boards/networks — nonpayment may be reported to other trades to prevent further loss.
• Denial of warranty service — warranty coverage will be withheld until the account is paid in full.
• Court filing for recovery — Small Claims or District Court actions may be initiated for the unpaid balance plus interest and allowable costs.
• Recovery of collection costs — all reasonable costs of collection, including attorney’s fees, court filing fees, and service of process fees, may be charged to the customer.

 

11. Cancellation & Rescheduling

• Cancel ≥ 24 hrs before: No charge.
• Cancel < 24 hrs before: Up to 50% of diagnostic fee retained.
• Cancel at door: $99
• Reschedule at door: $49

 

12. Workmanship Warranty

We provide a full coverage labor warranty on our repair services for a period of 365 days from the date of new install service and 30 days for repair service. This warranty covers defects in our workmanship. It does not cover misuse, unauthorized alterations, or repairs by others. Parts are warrantied through the manufacturer.

 

13. Leak Stop Policy

Utah Mechanical Systems, LLC does not use or endorse any “leak stop,” “fix-a-flat,” “sealant,” “A/C stop leak,” “refrigerant sealant,” “internal sealant,” or similar products. These products can cause damage to diagnostic and testing equipment. If any of our tools or equipment are damaged as a result of leak stop or sealant products present in your system that were not disclosed prior to service, the property owner will be responsible for the full replacement cost of the damaged equipment. Failure to disclose the presence of these products will be considered Theft of Service under our Terms. Systems with a history of leak stop or sealant usage are not covered under any warranty. If such products have been used, we recommend full system replacement.

14. Definitions

• Haggling: Attempting to negotiate a lower price or obtain a discount beyond our standard pricing and discount policies.
• Extorting: Using threats, coercion, intimidation, or abuse of influence to obtain unauthorized discounts or free services.
• Harassment: Any repeated or unwelcome threatening, intimidating, or abusive behavior toward our staff.
• Theft of Service: Obtaining or attempting to obtain services without proper payment or through dishonest means, including haggling, extortion, or abuse.

15. Abuse, Extortion, and Administrative Fee Policy

• Administrative Fee: A minimum $250 administrative fee will be added to any account where the customer engages in extortion, blackmail, threats, intimidation, harassment, or abuse toward our staff or company in an attempt to avoid payment, secure unauthorized discounts, or coerce free services.
• Escalation of Fees: In cases of repeated or severe misconduct, the administrative fee may be increased up to 25% of the outstanding balance, in addition to late fees, interest, and collection costs outlined in these Terms.
• Refusal of Service: Customers who engage in these behaviors may be placed on a permanent internal non-service list and reported to relevant contractor boards, industry networks, and credit bureaus. 
• Legal Remedies: All abusive, extortionary, or blackmail-related conduct will be treated as Theft of Service and may be prosecuted under applicable Utah laws, in addition to recovery of all administrative and collection costs.

 

16. Limitation of Liability

To the maximum extent permitted by law, Utah Mechanical Systems, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

 

17. Governing Law

These terms are governed by the laws of the State of Utah.

 

18. Agreement

By accepting an estimate, invoice, or scheduling service, you agree to these Terms.

18A. Binding Nature of Terms

• Acceptance by Use: You do not need to physically sign these Terms to be bound by them. By scheduling, accepting, or receiving services from Utah Mechanical Systems, LLC, or by accessing our website or communicating with our staff regarding services, you agree to these Terms in full.
• Notice Provided: These Terms are made available prior to and during the provision of services. Ignorance of these Terms does not exempt you from compliance.
• Continuing Obligation: Your responsibility to comply with these Terms remains in effect regardless of whether you choose to review them.