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, Conditions, and Service
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/
Utah Mechanical Systems, LLC
License number 13502691-5501
Insurance ZR8141
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.,
5.1 Estimate Expiration & Price Change Policy
All estimates, proposals, and quotes provided by Utah Mechanical Systems, LLC are
valid for fourteen (14) days unless otherwise stated in writing.
Prices are subject to change due to market conditions, supplier pricing, fuel
surcharges, material shortages, manufacturer increases, or other industry-related
adjustments.
If materials or equipment become unavailable, discontinued, or subject to price
increases after an estimate is issued, the Customer is responsible for any additional
costs required to complete the job with equivalent or replacement materials.
Expired estimates may be updated or reissued at current pricing.
5.2 Change Orders & Additional Work Authorization
During diagnosis or performance of work, additional issues or repair needs may be
discovered that were not visible, accessible, or identifiable during initial inspection. Any
labor or materials required to correct such issues constitute a Change Order.
The Customer authorizes Utah Mechanical Systems, LLC to perform and bill for
additional work necessary to complete the job safely, correctly, and in accordance with
code requirements, up to an additional amount of $500 beyond the original estimate,
unless a different limit is agreed upon in writing.
Any Change Order exceeding the authorized limit will require written, electronic, or
recorded verbal approval from the Customer before additional work proceeds.
All Change Orders are billable and due immediately upon completion, regardless of:
● warranty or insurance coverage,
● third-party reimbursement delays,
● discovery of additional defects or code violations,
● prior estimates or assumptions,
● customer expectations about scope or price.
Declining required Change Order work may:
● void warranties,
● result in incomplete or temporary repairs,
● make the system unsafe or non-operational,
● prevent job completion,
● or require full system replacement.
Photographic & Video Documentation Authorization
Utah Mechanical Systems, LLC is authorized to photograph and/or record video of the
serviced site, property, equipment, work areas, and any relevant site conditions before,
during, and after service.
Such documentation may be used for:
● job verification and quality assurance,
● safety and training,
● warranty support and manufacturer claims,
● billing and invoice support,
● documentation of pre-existing conditions,
● evidence in disputes, collections, liens, legal proceedings, UCC enforcement, or
recovery actions.
All photos and videos may be retained indefinitely as part of the Customer’s service
record. This authorization applies to all past, current, and future services.
6. Payment Terms
● 6.1 Upfront Payment Requirement
Diagnostic fees, deposits, or other required upfront payments must be paid
before any service, repair, installation, or diagnostic work begins. No work will
commence without receipt of the required initial payment.
● 6.2 Final Payment Due Upon Completion
The full remaining balance for all services, labor, Equipment, materials, and fees
is due immediately upon completion of the work within Utah Mechanical Systems’
scope of service.
● 6.3 Payment Not Contingent on Third Parties
Payment obligations to Utah Mechanical Systems, LLC are not contingent upon,
nor delayed by: insurance claims or approvals; home warranty or extended
warranty decisions; landlord/tenant agreements; property manager approval;
third-party reimbursement programs; financing company delays; or disputes
between the Customer and any third party. The Customer remains fully
responsible for timely payment regardless of third-party involvement.
● 6.4 Approved Payment Methods
Payment may be made via PayPal, Venmo, CashApp, Zelle, Meta Pay, cash,
check, major credit/debit cards (processing fees may apply), or financing options
offered by third-party lenders (subject to their terms and fees).
● 6.5 Returned Payments & Chargebacks
Any returned payment, reversed payment, or chargeback constitutes immediate
default under these Terms. A $35 fee applies to all returned or reversed
payments. The Customer is responsible for all losses, fees, and administrative
expenses incurred as a result of a chargeback or fraudulent dispute, and Utah
Mechanical Systems may pursue legal action for Theft of Service where
applicable.
● 6.6 Billing Disputes Must Be Reported Promptly
Any concerns or disputes related to an invoice must be reported to Utah
Mechanical Systems, LLC in writing within twenty-four (24) hours of invoice
issuance. The Customer is fully responsible for monitoring email, text messages,
voicemail, billing notifications, and all communications related to services —
regardless of travel, vacation, lack of cell service, device issues, unavailability, or
failure to open or review communications. Failure to report any dispute within this
24-hour period constitutes full acceptance of the invoice, waives the right to
contest the charges, and authorizes Utah Mechanical Systems, LLC to proceed
with all collection, security interest, lien, and default remedies described in these
Terms.
● 6.7 Acceptance of Partial Payments
Acceptance of any partial payment does not constitute a waiver of the remaining
balance or any rights or remedies available to Utah Mechanical Systems. The full
balance must still be paid in accordance with these Terms.
● 6.8 Payment Documentation
Customers agree that digital invoices, estimates, signatures, photos, service
records, and communication logs maintained by Utah Mechanical Systems
constitute valid documentation of work performed and customer approval.
● 6.9 No Harassment or Coercion for Discounts
Any form of harassment, intimidation, verbal abuse, threats, coercion, refusal to
release property access, or attempts to force unauthorized discounts or free
services constitutes Theft of Service under these Terms. Utah Mechanical
Systems, LLC may immediately suspend service, demand full payment, and
pursue all civil and criminal remedies available under Utah law.
● 6.10 Net Terms (Commercial Accounts Only)
Extended payment terms—including Net 10, Net 14, Net 30, Net 60, and Net
90—are available exclusively for approved commercial accounts and must be
authorized in writing by Utah Mechanical Systems, LLC prior to scheduling or
performing any work. Without written approval for a specific Net term, all invoices
are due immediately upon completion of services. Failure to comply with any
approved Net term constitutes default and automatically triggers all applicable
late fees, interest charges, acceleration of the full balance, and collection
remedies described in these Terms.
7. Retention of Title, Security Interest, and Fixture Filing
7.1 Retention of Title
All equipment, materials, parts, and components (“Equipment”) furnished, delivered, or
installed by Utah Mechanical Systems, LLC (“Utah Mechanical Systems”) remain the
sole property of Utah Mechanical Systems until the total contract price—including all
fees, finance charges, interest, administrative charges, and collection costs—is paid in
full. Title transfers to the Customer only upon full payment.
7.2 Grant of Security Interest (PMSI)
The Customer grants Utah Mechanical Systems a purchase money security interest
(PMSI) in all Equipment supplied or installed, whether or not affixed to the property, and
in all replacements, proceeds, and products of such Equipment. This security interest
secures all amounts owed for Equipment and related services.
7.3 Authorization to File UCC-1 Financing Statement
The Customer expressly authorizes Utah Mechanical Systems to file one or more UCC-
1 Financing Statements, amendments, continuations, and Fixture Filings at any time,
without further signature or consent, to perfect and maintain its security interest. The
Customer agrees not to dispute, contest, obstruct, or interfere with such filings.
7.4 Fixture Status & Authorization for Fixture Filing
The Customer acknowledges that certain installed Equipment—such as HVAC/R
systems, furnaces, condensing units, evaporator coils, boilers, water heaters, heat
pumps, air handlers, refrigeration equipment, or any components connected via hard
piping, ducting, wiring, or refrigeration lines—may constitute fixtures under Utah law
once installed. The Customer authorizes Utah Mechanical Systems to file a UCC
Fixture Filing in the county where the serviced property is located to perfect its interest
in any Equipment deemed or becoming a fixture.
7.5 Protection of Collateral (No Removal, Alteration, or Concealment)
Until full payment is made, the Customer shall not remove, disconnect, alter, tamper
with, conceal, damage, or permit the loss or destruction of any Equipment owned by
Utah Mechanical Systems. Any such action constitutes default and Theft of Service
under these Terms.
7.6 Insurance Requirement
Until title transfers, the Customer agrees to maintain the Equipment in good condition
and, where applicable, maintain adequate property insurance to protect the unpaid
collateral from loss, theft, damage, vandalism, or destruction. Loss of Equipment does
not release the Customer from payment obligations.
7.7 Access for Inspection, Disabling, Removal, or Repossession
In the event of non-payment, default, chargeback, or returned payment, the Customer
grants Utah Mechanical Systems the right to enter the serviced property—at reasonable
times and with reasonable notice—to inspect, disable, remove, or repossess any
Equipment for which payment has not been made in full. Entry shall be conducted
without breach of the peace, in accordance with Utah law. The Customer agrees not
to obstruct repossession and waives all claims for damage resulting from the lawful
removal or disabling of Utah Mechanical Systems’ property.
7.8 Default Remedies
Upon default, Utah Mechanical Systems may pursue all remedies available under the
Uniform Commercial Code, including but not limited to:
● repossession (with or without court order),
● replevin actions,
● equipment disabling or deactivation,
● resale of recovered Equipment,
● recovery of deficiencies after sale,
● recovery of administrative charges, overhead, and lost profits,
● recovery of late fees, interest, legal fees, and collection costs.
7.9 No Waiver of Rights
Utah Mechanical Systems’ failure to immediately enforce any right or remedy does not
constitute a waiver. All rights and remedies remain enforceable until the full balance is
paid.
8. Third-Party Payment, Warranty/Insurance Claims & Property Owner Responsibility
8.1 Customer Payment Required Regardless of Third-Party Involvement
If work is arranged through or associated with an insurance company, warranty
company, general contractor, subcontractor, property manager, facilities manager,
tenant, occupant, corporate office, third-party administrator, or any other third-party
payor, the Customer is still required to pay Utah Mechanical Systems, LLC in full at
the time of service or upon completion according to these Terms.
Third-party payment arrangements do not replace, delay, or reduce the Customer’s
payment obligations.
(Reference: Utah Code § 38-1a-501)
8.2 Customer Responsible for Reimbursement From Insurance, Warranty, or Third Parties
The Customer is solely responsible for seeking reimbursement from any insurance
company, warranty provider, general contractor, property manager, or other third-party
payor unless Utah Mechanical Systems explicitly agrees otherwise in writing. Utah
Mechanical Systems does not guarantee coverage, claim approval, reimbursement, or
payment processing.
(Reference: Utah Code § 38-1a-501)
8.3 Optional Courtesy Claim Submission (If Offered)
If Utah Mechanical Systems agrees—at its sole discretion—to assist with submitting
documentation to an insurer, warranty company, or third-party payor, such assistance is
a courtesy only and does not alter the Customer’s obligation to pay in full upon
completion.
If a third party issues payment directly to Utah Mechanical Systems, Utah Mechanical
Systems will reimburse the Customer only the exact amount received, and only after
funds have fully cleared. Reimbursement will never exceed the payment made to Utah
Mechanical Systems.
8.4 Third-Party Delays or Denials Do Not Affect Payment
Any delay, partial payment, dispute, denial, or reduction in coverage from an insurance
company, warranty provider, general contractor, property manager, or other third-party
entity does not delay, reduce, or remove the Customer’s obligation to pay Utah
Mechanical Systems in full.
(Reference: Utah Code § 38-1a-501)
8.5 Property Owner Responsibility (Residential and Commercial)
All services performed, improvements made, and Equipment installed by Utah
Mechanical Systems benefit the underlying real property. Under Utah law, the property
owner is financially responsible for all charges associated with such
improvements—regardless of who ordered, approved, or scheduled the work,
including but not limited to:
● general contractors
● subcontractors
● project managers
● property managers
● tenants or occupants
● maintenance staff
● facilities managers
● warranty companies
● insurance adjusters
● corporate agents or brokers
The property owner remains responsible even if they did not directly sign the work order
or contract.
(References: Utah Code §§ 38-1a-301, 38-1a-302, 38-1a-503)
8.6 Lien Rights Not Dependent on Contract Signer or Third-Party Payment
Utah Mechanical Systems retains full mechanic’s lien rights, UCC security interest
rights, and fixture filing rights on all unpaid work, regardless of any insurance, warranty,
contractor, or manager involvement. These rights apply whether or not a claim is
submitted, delayed, disputed, denied, or partially paid.
(References: Utah Code §§ 38-1a-301, 38-1a-302, 38-1a-503; UCC Article 9 — Utah
Code § 70A-9a-203)
8.7 Customer and Agent Responsibility to Verify Authorization
If the Customer or scheduling party is not the property owner—including tenants,
contractors, subcontractors, agents, property managers, or facilities personnel—they
are solely responsible for securing the property owner’s approval before service. Failure
to do so does not release the Customer, agent, or the property owner from payment
obligations.
9. Late Payment Policy
9.1 Late Fee
Any invoice not paid by the due date will incur an immediate late fee of seventy-five
dollars ($75) added to the outstanding balance.
9.2 Interest Charges
Unpaid balances accrue interest as follows:
● First 30 days: 18% APR, compounded daily on the unpaid balance.
● After 30 days: 28% APR, compounded monthly on the total balance (including
fees, interest, and administrative charges).
Interest continues to accumulate until the full balance is paid.
9.3 Collection Fee After 60 Days
Any account that remains unpaid for sixty (60) days or more will incur a collection fee
equal to thirty percent (30%) of the total outstanding balance before being
transferred to collections. This fee is added prior to any external collection agency
involvement.
9.4 Customer Responsible for All Collection Costs
The Customer is responsible for all costs incurred in recovering unpaid balances,
including but not limited to:
● attorney’s fees,
● court filing fees,
● lien filing and release fees,
● UCC filing and continuation fees,
● sheriff/constable standby fees,
● skip tracing fees,
● service of process fees, and
● any additional administrative expenses.
9.5 No Waiver From Past Acceptance
Acceptance of late or partial payments does not waive Utah Mechanical Systems’
rights to enforce payment terms, charge additional fees, impose liens, pursue
repossession, or initiate legal action. No delay in enforcement shall constitute a waiver
of any rights under these Terms.
9.6 Returned Payments Restart the Clock
Any reversed or returned payment (including chargebacks, insufficient funds, or bank
rejections) constitutes immediate default, resets all payment deadlines, and triggers all
late fees, interest, and collection remedies outlined in these Terms.
9.7 Acceleration of Balance Upon Default
Upon any default, Utah Mechanical Systems may accelerate the full remaining balance,
making all sums immediately due and payable, including Equipment cost, labor, fees,
accrued interest, and administrative charges.
10. Failure to Pay
If payment is not made in full when due, the following actions may be taken immediately
and without further notice:
10.1 Mechanic’s Lien on the Property
Utah Mechanical Systems, LLC may file a mechanic’s lien against the serviced
property to secure payment. Lien rights apply regardless of who ordered the work,
whether the owner signed the work order, or whether third-party coverage was
expected.
(References: Utah Code §§ 38-1a-301, 38-1a-302, 38-1a-503)
10.2 UCC Actions, Fixture Filings & Security Interest Enforcement
Utah Mechanical Systems may enforce all rights available under the Uniform
Commercial Code, including:
● repossession or removal of Equipment still owned by Utah Mechanical Systems,
● disabling or deactivation of installed Equipment,
● filing or enforcing UCC-1 Financing Statements or Fixture Filings.
(Reference: Utah Code § 70A-9a-609)
10.3 Replevin or Court-Ordered Recovery
Utah Mechanical Systems may initiate a replevin action or other court proceeding to
recover Equipment, materials, or collateral. A court may authorize Utah Mechanical
Systems, accompanied by law enforcement, to enter the premises and reclaim
Equipment upon default.
10.4 Legal Action & Court Costs
Utah Mechanical Systems may initiate Small Claims or District Court proceedings to
recover the unpaid balance, including all allowable fees, attorney’s fees, court costs,
service of process fees, and judgment interest.
10.5 Law Enforcement Involvement for Theft of Service
Utah Mechanical Systems may notify law enforcement when non-payment, fraudulent
chargebacks, deliberate non-cooperation, or refusal to return or allow recovery of
Equipment constitutes Theft of Service under Utah law.
10.6 Collection Agency Assignment
Accounts more than thirty (30) days past due may be assigned to a collections agency.
All collection fees, agency fees, and administrative costs will be added to the
Customer’s balance before transfer.
10.7 Credit Reporting
Delinquent accounts may be reported to credit bureaus and commercial credit reporting
entities.
10.8 Administrative, Standby & Recovery Fees
The Customer is responsible for all additional recovery-related expenses, including:
● administrative fees,
● skip tracing,
● sheriff or constable standby fees,
● repossession or recovery service fees,
● locksmith or access-related fees (if permitted by court order).
10.9 Equipment Suspension, Disabling, Removal, or Deactivation
All Equipment, parts, and materials remain the property of Utah Mechanical Systems
until paid for in full. Utah Mechanical Systems may suspend, interrupt, disable,
decommission, or remove installed Equipment in the event of non-payment, provided
such actions are performed lawfully and without breach of the peace.
10.10 Blacklisting & Refusal of Future Service
Utah Mechanical Systems may add the Customer to an internal or industry-wide non-
service list, preventing future work or warranty support, until all balances are paid in full.
10.11 Denial of Warranty or Service Claims
Warranty coverage, service callbacks, or follow-up visits may be suspended or denied
for any account with an outstanding balance. No warranty service will be provided until
the account is fully paid.
10.12 Acceleration of All Amounts Due
Upon default, all remaining balances, fees, interest, and scheduled amounts become
immediately due and payable in full.
10.13 Customer Responsibility for Utilities & Required Access
The Customer is responsible for ensuring that all required utilities and access points are
available and operational at the time of service, including but not limited to:
● electrical power to all HVAC/R Equipment,
● water supply where applicable (boilers, humidifiers, hydronic systems),
● gas service where applicable,
● clear access to electrical panels and disconnects,
● access to attics, crawlspaces, rooftops, or mechanical rooms,
● thermostat or control system access (including passwords if applicable),
● removal of locks, barriers, or obstructions preventing service.
If utilities or access are unavailable, incomplete, or non-operational upon arrival, Utah
Mechanical Systems may:
● assess a no-access or trip fee,
● reschedule the visit,
● charge additional labor for troubleshooting utility issues,
● require the Customer to correct utility problems before service continues.
Utah Mechanical Systems is not liable for delays, additional travel, labor charges, or
inability to diagnose or repair arising from lack of utilities, unsafe access, or restricted
access conditions.
10.14 Customer-Requested Repairs Against Recommendation
If the Customer declines recommended repairs or replacements, or requests that Utah
Mechanical Systems, LLC perform a temporary, partial, minimal, or stop-gap repair
instead of the full recommended correction, the Customer acknowledges and agrees
that such work is performed as-is with no warranty of any kind.
The Customer further agrees to hold Utah Mechanical Systems harmless from any
resulting:
● equipment failure,
● system damage,
● performance issues,
● additional repair costs,
● property damage,
● safety hazards,
● increased utility consumption, or
● consequential damages of any type.
Utah Mechanical Systems shall not be liable for failure, damage, or future repairs
resulting from the Customer’s decision to decline recommended work.
10.15 Customer Duty to Protect Property & Clear Work Areas
The Customer is responsible for protecting all personal property, furniture, belongings, vehicles,
landscaping, flooring, equipment, and items located near or within the work area. Utah Mechanical
Systems, LLC is not responsible for damage to items left in unsafe proximity to pathways, Equipment, or
areas where work must be performed.
The Customer must ensure the work area is clear, accessible, and safe prior to the technician’s arrival.
This includes, but is not limited to:
● removing storage, clutter, debris, or obstacles;
● clearing access to attics, crawlspaces, rooftops, garages, utility rooms, and mechanical rooms;
● relocating vehicles blocking Equipment access points or pathways;
● securing pets and preventing animal interference;
● removing snow, ice, or vegetation blocking exterior Equipment or access routes.
If the work area is not prepared or accessible, Utah Mechanical Systems may:
● charge additional labor or mobilization fees,
● reschedule service,
● apply no-access or cancellation fees,
● refuse service until the Customer corrects the conditions.
The Customer is fully responsible for any delay, additional cost, or service refusal resulting from failure to
properly prepare or protect the work area.
10.16 Customer Duty to Provide Accurate Information
The Customer is responsible for providing accurate, complete, and truthful information regarding all
conditions relevant to service, including but not limited to:
● system age, model, and service history;
● previously performed repairs or modifications;
● presence of leak stop, sealants, or chemical additives;
● known electrical, gas, plumbing, or structural issues;
● warranty status or coverage details;
● prior contractor involvement;
● property access limitations;
● environmental hazards or abnormal system behavior.
Utah Mechanical Systems, LLC is not liable for delays, misdiagnosis, increased costs, additional labor,
required corrective work, cancellations, or incomplete service resulting from:
● inaccurate or incomplete information supplied by the Customer or their agents,
● concealed or undisclosed system conditions,
● tampering or DIY repairs not disclosed prior to service,
● reliance on incorrect details provided during scheduling or diagnosis.
The Customer acknowledges that providing false, incomplete, or misleading information may constitute
Theft of Service under these Terms.
10.17 Return Visit Fee
If Utah Mechanical Systems, LLC is required to return to the property due to conditions caused by the
Customer, including but not limited to:
● lack of property access,
● failure to prepare the work area,
● disconnected or unavailable utilities (power, water, gas),
● thermostats without power or batteries,
● locked or obstructed access areas,
● breakers turned off or tampered with,
● customer-caused damage after initial service,
● failure to follow instructions provided at the prior visit,
● declined repairs that now require re-diagnosis,
● systems altered, adjusted, or tampered with by the Customer or another party,
● missed appointments or no-shows,
then a Return Visit Fee will apply, along with any additional diagnostic or labor charges required to re-
evaluate or correct the system.
Return Visit Fees are due immediately upon completion of the second visit.
10.18 Storage Fees for Unclaimed or Delayed Equipment
If Equipment or materials ordered specifically for the Customer’s job cannot be installed, delivered, or
used within seven (7) days due to Customer-caused delays—including but not limited to lack of access,
scheduling delays, incomplete site readiness, permit refusal, or cancellation—Utah Mechanical Systems,
LLC may charge daily storage fees for holding such Equipment.
Storage fees may include:
● warehouse storage costs,
● supplier storage or restocking charges,
● administrative handling fees,
● additional labor required to move, stage, or protect Equipment,
● transportation or delivery rescheduling fees.
If Equipment remains unclaimed, unused, or installation is delayed more than fourteen (14) days due to
Customer action or inaction, Utah Mechanical Systems may require full payment for all Equipment
before further scheduling or may cancel the project entirely without refund of deposits.
Special-order, non-stock, custom, or non-returnable Equipment remains 100% billable regardless of
installation delays or project cancellation.
10.19 Customer Non-Interference Agreement
The Customer agrees not to interfere with, obstruct, direct, supervise, or attempt to assist Utah
Mechanical Systems, LLC technicians during service. This includes, but is not limited to:
● entering restricted work areas;
● touching tools, Equipment, ladders, or materials;
● opening or closing panels, disconnects, valves, or breakers;
● turning systems on or off without instruction;
● attempting DIY adjustments while technicians are present;
● instructing technicians to bypass safety procedures or code requirements;
● verbally directing the method, sequence, or manner of work;
● placing themselves or others in unsafe proximity to the work zone.
If the Customer’s presence, behavior, interference, or unsafe conduct creates a safety hazard or
obstructs service, Utah Mechanical Systems may:
● suspend work immediately,
● reschedule service,
● require the Customer to leave the work area,
● charge additional labor, standby, or mobilization fees,
● refuse service entirely for safety reasons.
The Customer acknowledges that interference with technician work may void warranties, delay
completion, increase labor costs, or create safety risks. Utah Mechanical Systems is not liable for delays,
damages, or incomplete service resulting from Customer interference.
10.20 Hazardous Materials Disclaimer
Utah Mechanical Systems, LLC is not responsible for the discovery, disturbance,
handling, remediation, cleanup, removal, or testing of any hazardous materials
encountered during service, including but not limited to:
● asbestos,
● mold or microbial growth,
● lead,
● chemicals or chemical residues,
● sewage,
● biohazards,
● insulation contaminants, or
● any other hazardous substance as defined under local, state, or federal law.
If hazardous materials are discovered, Utah Mechanical Systems may:
● stop work immediately,
● refuse service until remediation is completed by a licensed professional,
● reschedule service, or
● charge additional fees if contamination affects tools, PPE, or Equipment.
All remediation, testing, abatement, disposal, and associated costs are solely the
Customer’s responsibility.
Utah Mechanical Systems shall not be liable for delays, damage, or additional costs
caused by the presence, disturbance, or requirement to avoid hazardous materials.
10.21 Force Majeure (Delays Outside Company Control)
Utah Mechanical Systems, LLC shall not be liable for any delay, interruption,
rescheduling, or inability to perform services caused by events outside its reasonable
control, including but not limited to:
● weather conditions, storms, or natural disasters;
● supply chain disruptions or material shortages;
● manufacturer delays or backorders;
● labor shortages or labor disputes;
● utility outages or power interruptions;
● accidents, road closures, or transportation delays;
● pandemics, governmental restrictions, or emergencies;
● acts of vandalism, theft, or property damage;
● hazardous site conditions or safety hazards as described in these Terms.
Any such delays do not void the Customer’s payment obligations, nor do they entitle the
Customer to refunds, penalties, cancellations, discounts, or damages of any kind. Work
will resume as soon as reasonably possible under the circumstances.
10.22 Code Compliance & Pre-Existing Violations Disclaimer
Utah Mechanical Systems, LLC is not responsible for pre-existing code violations,
unsafe conditions, or improper installations performed by others.
This includes, but is not limited to:
● electrical code violations (improper breakers, shared neutrals, double-lugged
circuits, etc.),
● mechanical code violations (improper venting, clearances, combustion air, duct
sizing, etc.),
● plumbing/hydronic code violations (incorrect traps, venting, gas line sizing, etc.),
● HVAC/R code violations (improper line sets, unsupported copper, mismatched
equipment, etc.),
● unpermitted prior work or concealed defects.
If corrections are required to bring the system or property to current code standards,
such work will be billed as a separate Change Order under these Terms.
Utah Mechanical Systems is not liable for failures, hazards, or inspection issues
resulting from pre-existing violations or conditions not caused by our work.
10.23 Permits, Inspections, and Regulatory Requirements
Permits may be required for certain repairs, replacements, or installations. Unless
otherwise stated in writing, the Customer is responsible for all permit fees,
inspection fees, and regulatory compliance costs.
If the Customer declines required permits or inspections, the Customer assumes all
liability for:
● future code violations,
● fines or penalties issued by local authorities,
● insurance coverage issues,
● real estate disclosure problems,
● safety hazards resulting from unpermitted work.
If an inspection fails due to pre-existing conditions, work performed by others, or
property conditions outside the scope of Utah Mechanical Systems’ responsibilities, the
Customer is responsible for all corrections, reinspection fees, and additional labor costs.
Declining necessary permits or inspections may void warranties and may prevent Utah
Mechanical Systems from performing work.
11. Cancellation & Rescheduling
11.1 Standard Cancellation Policy
Cancellations made twenty-four (24) hours or more before the scheduled
appointment incur no cancellation fee.
11.2 Late Cancellation Policy (< 24 Hours)
Cancellations made less than twenty-four (24) hours before the scheduled
appointment will incur a cancellation fee of up to fifty percent (50%) of the diagnostic
fee or fifty percent (50%) of the scheduled service labor, whichever is greater.
11.3 Cancellation at the Door / No Access
If the technician arrives and the Customer cancels, refuses service, is not present,
denies access, or otherwise prevents work from being performed, a $99 on-site
cancellation fee will be charged, in addition to any applicable diagnostic fees, travel
fees, or access-related costs.
11.4 Rescheduling at the Door
If the Customer requests rescheduling after the technician has already arrived, a $49
rescheduling fee will be charged.
11.5 Special-Order, Custom, or Non-Returnable Equipment
Any Equipment that is:
● special order,
● custom fabricated,
● non-stock,
● cut to size,
● built to order,
● non-returnable to the supplier, or
● ordered specifically for the Customer’s property
is non-cancelable and non-refundable once ordered. The Customer is responsible
for 100% of the cost of such Equipment regardless of cancellation, scheduling
changes, third-party coverage issues, or abandonment of work.
11.6 Cancellation After Work Has Begun
If the Customer cancels after work has begun, the Customer is responsible for:
● all labor performed up to the point of cancellation,
● all Equipment installed or delivered,
● all special-order items,
● all materials consumed,
● all travel and mobilization costs, and
● any restocking fees required by suppliers.
11.7 Excessive Cancellations or Rescheduling
Repeated cancellations, no-shows, or rescheduling that disrupts scheduling may result
in:
● refusal of future service,
● requirement of full upfront payment before scheduling,
● additional administrative fees, or
● the Customer being placed on a non-service list.
11.8 Safety or Access-Related Cancellations
If service cannot be performed due to unsafe conditions, aggressive behavior,
hazardous environments, lack of access, or property conditions beyond Utah
Mechanical Systems’ control, the Customer will be responsible for all applicable
cancellation, access, or mobilization fees.
11.9 Commercial and Multi-Property Accounts
For commercial clients, property managers, contractors, and multi-property operators:
Cancellations or rescheduling affecting multiple units or scheduled blocks of work may
incur additional fees, including mobilization charges, labor block cancellations, or project
disruption fees.
12. Workmanship Warranty
12.1 Residential & Commercial Labor Warranty
Utah Mechanical Systems, LLC provides a 365-day labor warranty on new installation
services and a 30-day labor warranty on repair services. This warranty covers defects
in our workmanship only.
12.2 Warranty Does Not Cover Pre-Existing Conditions
This warranty does not cover failures, defects, or issues caused by:
● pre-existing mechanical, electrical, or structural problems;
● improper installation by others;
● undersized, oversized, or incompatible systems installed by others;
● existing ductwork, wiring, piping, breakers, disconnects, drains, or control
systems not installed by Utah Mechanical Systems;
● code violations or unsafe conditions existing before service.
12.3 Customer Maintenance Requirements
Warranty coverage requires the Customer to properly maintain the system, including
but not limited to:
● replacing or cleaning air filters regularly;
● cleaning or maintaining condensate drains;
● keeping outdoor units free of debris;
● replacing batteries in thermostats or controls;
● maintaining adequate airflow and clearance;
● complying with manufacturer maintenance requirements.
Failure to maintain the system voids the labor warranty.
12.4 Warranty Exclusions Related to External Conditions
The warranty does not cover damage or failure resulting from:
● power surges or voltage irregularities;
● clogged drains due to contamination or debris;
● flooding, storms, fire, or other environmental damage;
● pest, rodent, or insect damage;
● refrigerant leaks from pre-existing corrosion;
● freezing of coils due to airflow restrictions or low refrigerant;
● dirty coils, filters, blower wheels, or heat exchangers;
● customer misuse, tampering, or unauthorized adjustments.
12.5 No Warranty on Customer-Supplied Parts or Equipment
Labor warranty is void for any work involving customer-supplied parts, materials, or
equipment, including online-purchased components.
12.6 Manufacturer Warranty
Parts and Equipment warranties are provided solely through the manufacturer. Utah
Mechanical Systems is not responsible for manufacturer processing times, exclusions,
delays, or denied claims.
12.7 No Warranty on Refrigerant Loss
Refrigerant is billed as a consumable item. Warranty does not cover:
● refrigerant lost due to leaks,
● refrigerant contamination,
● leaks caused by pre-existing corrosion or improper installation by others,
● leaks caused by customer damage or tampering.
12.8 Warranty Void for Unauthorized Service or Tampering
Any service, repair, or modification performed by anyone other than Utah Mechanical
Systems voids the labor warranty. This includes DIY repairs, adjustments, additions, or
alterations.
12.9 Warranty Void When Equipment Is Used Improperly
Warranty does not apply when the system is used outside manufacturer specifications,
including:
● running heat pump systems in extreme conditions without auxiliary heat;
● improper thermostat settings;
● commercial equipment used in residential environments or vice versa;
● systems overloaded, abused, or operated contrary to instructions.
12.10 Warranty Service Requires Account in Good Standing
No warranty service will be provided for accounts with an outstanding balance. All
unpaid invoices must be satisfied before warranty work is scheduled.
12.11 Warranty Service Scheduling
Warranty service will be performed during normal business hours unless otherwise
authorized. Emergency warranty service after hours may incur additional charges.
12.12 Warranty Limited to Workmanship Only
This warranty applies only to labor performed by Utah Mechanical Systems. It does not
cover parts, materials, equipment failure, manufacturer defects, or issues outside our
control.
12.13 Customer-Requested Repairs Against Recommendation
If the Customer declines recommended repairs or replacements, or requests that Utah
Mechanical Systems, LLC perform a temporary, partial, minimal, or stop-gap repair
instead of the full recommended correction, the Customer acknowledges and agrees
that such work is performed as-is with no warranty of any kind.
The Customer further agrees to hold Utah Mechanical Systems harmless from any
resulting:
● equipment failure,
● system damage,
● performance issues,
● additional repair costs,
● property damage,
● safety hazards,
● increased utility consumption, or
● consequential damages of any type.
Utah Mechanical Systems shall not be liable for failure, damage, or future repairs
resulting from the Customer’s decision to decline recommended work.
12.14 Equipment Operational Verification Acceptance
Upon completion of installation, repair, or service, Utah Mechanical Systems, LLC will
verify proper operation of the Equipment to the extent possible at the time of service.
If the Customer is present, verbal or written acknowledgment of proper operation
constitutes acceptance.
If the Customer is not present at completion, or refuses inspection, or is unavailable to
verify operation, the following shall constitute full acceptance:
● photographs,
● videos,
● meter readings,
● test results, or
● digital service records taken by Utah Mechanical Systems.
Any performance issues reported after acceptance will be treated as a new service
request and billed accordingly unless covered under the applicable labor warranty.
12.15 Energy Usage, Efficiency, and Performance Disclaimer
Utah Mechanical Systems, LLC is not responsible for energy usage levels, utility bill
fluctuations, airflow performance, comfort variations, or system behavior that results
from conditions outside our control, including but not limited to:
● building construction, age, or structural deficiencies;
● insulation quality, air leakage, or inadequate sealing;
● undersized, oversized, damaged, or poorly designed ductwork;
● window or door leakage, inadequate shading, or solar gain;
● poor airflow due to property design or layout;
● customer thermostat settings, schedules, or usage habits;
● changes in weather, humidity, or environmental conditions;
● limitations of Equipment selected by the Customer;
● failure to follow manufacturer maintenance recommendations.
System performance expectations are limited strictly to manufacturer specifications and
conditions present at the time of testing and installation.
Utah Mechanical Systems does not guarantee specific temperature outcomes, airflow
levels, humidity control, or energy savings unless explicitly stated in writing.
13. Leak Stop / Sealant Policy
13.1 Prohibited Products
Utah Mechanical Systems, LLC does not use, recommend, or endorse any leak stop,
sealant, “stop leak,” “fix-a-flat,” “A/C sealant,” “internal sealant,” or any similar chemical
product intended to seal refrigerant or hydronic leaks within HVAC/R equipment or
piping systems.
13.2 Mandatory Disclosure Requirement
The Customer must disclose before service begins if any sealant or leak stop product
has ever been added to the system by the Customer, a previous contractor, a warranty
company, or any other party.
Failure to disclose constitutes Theft of Service under these Terms.
13.3 Damage to Company Tools or Equipment
Leak stop and sealant products can permanently damage:
● recovery machines,
● vacuum pumps,
● micron gauges,
● refrigerant analyzers,
● hoses, manifolds, and sensors,
● reclaim cylinders and internal components.
If any Utah Mechanical Systems tools or equipment are contaminated or damaged due
to the presence of leak stop in the Customer’s system, the Customer is responsible for
100% of replacement and remediation costs, including tools, cleaning, disposal,
refrigerant reclamation, and labor.
13.4 Warranty Void for Systems Containing Sealants
Any system containing leak stop or sealant products—whether added before or after
Utah Mechanical Systems’ service—has no warranty coverage of any kind, including:
● labor warranty,
● parts warranty,
● refrigerant warranty,
● manufacturer claims support.
13.5 Refusal of Service & Required System Replacement
Utah Mechanical Systems may refuse to perform any service on systems containing
leak stop or similar products.
If such products are detected, recommended corrective action may include:
● full system replacement,
● replacement of refrigerant piping, coils, compressors, or metering devices,
● flushing procedures (if feasible),
● reclaim and disposal of contaminated refrigerant.
13.6 No Liability for Damage Related to Sealants
Utah Mechanical Systems is not liable for:
● system failure caused by sealants,
● compressor damage,
● metering device blockage,
● restricted refrigeration circuits,
● refrigerant contamination, or
● any failure or safety hazard caused by leak stop.
13.7 Customer Responsibility for Consequences
If leak stop prevents accurate diagnosis, pressures testing, evacuation, or proper repair
of the system, the Customer is fully responsible for:
● additional labor,
● equipment disposal,
● tool replacement,
● refrigerant disposal,
● and any required follow-up work.
14. Definitions
For purposes of these Terms, the following definitions apply:
14.1 Haggling
Any attempt to negotiate, argue, pressure, manipulate, or otherwise seek a lower price,
discount, fee reduction, or free service outside of Utah Mechanical Systems’ published
pricing, approved discounts, or written promotional programs.
14.2 Extortion
Any act of threatening, intimidating, coercing, blackmailing, or abusing influence in an
attempt to force unauthorized discounts, free services, cancellation of charges, or
preferential treatment.
14.3 Harassment
Any repeated or unwelcome conduct—verbal, written, electronic, or physical—intended
to intimidate, insult, threaten, coerce, belittle, or pressure Utah Mechanical Systems’
staff, technicians, management, or contractors.
This includes hostile communication, aggressive behavior, repeated late-night
communication, abusive language, or disruptive conduct during service visits.
14.4 Theft of Service
Any attempt to obtain services without proper payment, including but not limited to:
● refusing to pay for work performed;
● delaying payment through false claims, fabricated disputes, or stalling behavior;
● using intimidation, threats, or manipulation to avoid charges;
● requesting or benefiting from services without intent to pay;
● filing fraudulent chargebacks;
● concealing the presence of leak stop or other prohibited products;
● interfering with repossession or recovery of Equipment owned by Utah
Mechanical Systems;
● denying access to the property after service has been rendered;
● misrepresenting ownership, authorization, or financial responsibility.
14.5 Customer
Any individual, property owner, tenant, contractor, manager, occupant, business entity,
or agent who schedules, authorizes, requests, benefits from, or receives services from
Utah Mechanical Systems, regardless of who signs the agreement.
14.6 Equipment
Any HVAC/R unit, component, part, material, accessory, or device furnished, delivered,
or installed by Utah Mechanical Systems, including all related materials and
components.
14.7 Property Owner
The individual or entity holding legal title to the property where services are performed.
Under Utah law and these Terms, the property owner is financially responsible for all
improvements benefiting the property, regardless of who requested or approved the
work.
14.8 Default
Any failure to comply with the payment terms, obligations, or requirements of these
Terms, including failure to pay on time, returned payments, chargebacks, denial of
access, interference with repossession, or violation of any clause under the Retention of
Title or Security Interest sections.
14.9 Third-Party Payor
Any entity other than the Customer claiming responsibility for payment, including
warranty companies, insurance companies, property managers, tenants, general
contractors, subcontractors, facilities managers, or corporate agents.
14.10 Commercial Client
Any business entity, commercial property owner, manager, restaurant, industrial facility,
corporate location, or other non-residential operation receiving services from Utah
Mechanical Systems.
14.11 Residential Client
Any individual property owner, tenant, or homeowner receiving services at a residential
property or dwelling.
15. Abuse, Extortion, and Administrative Fee Policy
15.1 Administrative Fee for Abusive or Coercive Conduct
A minimum $250 administrative fee will be added to any account where the
Customer engages in abusive, harassing, threatening, extortionary, coercive,
manipulative, or disruptive behavior toward Utah Mechanical Systems, LLC or its
personnel in an attempt to avoid payment, obtain unauthorized discounts, or
receive free services.
15.2 Escalation of Administrative Fees
In cases of repeated, severe, or ongoing misconduct, the administrative fee may
be increased up to twenty-five percent (25%) of the outstanding balance, in
addition to all other late fees, interest charges, lien fees, legal fees, and collection
costs described in these Terms.
15.3 Prohibited Conduct
The following actions constitute abuse, extortion, or coercion and will trigger
administrative fees and further enforcement:
● verbal threats, intimidation, or hostile communication;
● demanding unauthorized discounts or free services;
● threatening negative reviews, complaints, or reputational harm to obtain
financial concessions;
● threatening to deny property access for repossession or recovery of
Equipment;
● attempting to pressure staff into altering invoices or prices;
● repeated angry or disruptive calls, texts, or emails;
● refusing to allow technicians to complete work while demanding altered
pricing;
● physically aggressive or unsafe behavior;
● attempting to manipulate or deceive staff about payment responsibility;
● threatening lawsuits or legal action solely to coerce a discount.
15.4 Refusal of Service
Customers who engage in abusive, hostile, or extortionary conduct may be
placed on a permanent internal non-service list. Utah Mechanical Systems
may refuse future service, warranty support, or scheduling for any Customer who
has demonstrated such behavior.
15.5 Reporting to Industry Networks and Credit Bureaus
Abusive or extortionary conduct, especially when linked to non-payment or
fraud, may be reported to:
● industry contractor boards,
● professional networks,
● commercial credit reporting agencies, and
● consumer credit bureaus (when legally applicable).
15.6 Legal Remedies
All abusive, extortionary, fraudulent, or coercive conduct will be treated as Theft
of Service under these Terms. Utah Mechanical Systems may pursue all civil
and criminal remedies available, including:
● reporting to law enforcement,
● seeking restraining orders when necessary,
● filing civil claims,
● recovering damages, fees, and costs, and
● enforcing all lien, UCC, and repossession rights.
15.7 Non-Reversible Fees
Administrative fees applied under this Section are non-negotiable, non-
reversible, and must be paid in full before any additional services, warranties, or
appointments will be scheduled.
16. Limitation of Liability
16.1 Maximum Extent Permitted by Law
To the fullest extent permitted under Utah law, Utah Mechanical Systems, LLC shall not
be liable for any indirect, incidental, consequential, punitive, exemplary, or special
damages arising from the performance of services, installation of Equipment, repair
work, or any interactions with the Customer.
16.2 No Liability for Loss of Use or Business Interruption
Utah Mechanical Systems is not liable for:
● loss of heating, cooling, refrigeration, or hot water;
● spoilage of food, inventory, or temperature-sensitive products;
● business interruption or lost profits;
● inconvenience, discomfort, or temporary loss of system operation;
● delays caused by equipment availability, weather, supply chain issues,
manufacturer delays, or permitting requirements.
16.3 No Liability for Pre-Existing Conditions or System Deficiencies
Utah Mechanical Systems is not responsible for system failures, hazards, or
complications caused by pre-existing conditions, including but not limited to:
● defective wiring, breakers, piping, ductwork, or structural elements;
● prior improper installations or repairs;
● pre-existing code violations;
● debris, contamination, or corrosion;
● leaks, cracks, or failures not caused by work performed by Utah Mechanical
Systems.
16.4 No Liability for Customer-Supplied or Third-Party Equipment
Utah Mechanical Systems assumes no responsibility for failures, defects, or issues
associated with:
● customer-supplied equipment,
● equipment purchased online,
● used or aftermarket parts,
● components supplied by warranty companies, insurers, or general contractors.
All labor associated with such equipment is provided as-is with no labor warranty.
16.5 No Liability for Conditions Outside Control
Utah Mechanical Systems is not liable for issues caused by factors outside its control,
including but not limited to:
● power outages, surges, or voltage irregularities;
● extreme weather conditions;
● flooding, fire, or natural disasters;
● Wi-Fi, smart home, BAS, or connectivity issues;
● government regulation changes;
● manufacturer defects, backorders, or warranty delays.
16.6 Limitation of Damages
If Utah Mechanical Systems is found liable despite these limitations, total liability shall
not exceed the amount paid by the Customer for the specific service or repair
giving rise to the claim.
16.7 No Liability for Customer Decisions
Utah Mechanical Systems is not responsible for consequences resulting from the
Customer’s decisions, including:
● declining recommended repairs;
● requesting temporary or partial repairs;
● refusing full system replacement when recommended;
● operating the system under unsafe or improper conditions;
● delaying repairs or maintenance.
16.8 No Liability for Delayed Access or Unsafe Conditions
Utah Mechanical Systems is not liable for delays, additional costs, or inability to
complete work caused by:
● blocked access,
● unsafe environments,
● hazardous materials,
● aggressive animals,
● customer-caused delays,
● lack of code compliance by the property.
16.9 Commercial Client Specific Limitations
For commercial clients, Utah Mechanical Systems shall not be liable for:
● loss of revenue;
● product spoilage;
● industrial process interruptions;
● downtime of refrigeration, chillers, or industrial equipment;
● any indirect or consequential commercial damages.
16.10 No Liability Upon Transfer of Ownership
Once Equipment is installed and payment is received in full, Utah Mechanical Systems
bears no liability for the Equipment after ownership transfers to the Customer, except as
required by manufacturer warranties or limited labor warranties described in these
Terms.
17. Governing Law, Venue, and Jurisdiction
17.1 Governing Law
These Terms and all services performed by Utah Mechanical Systems, LLC are
governed by the laws of the State of Utah, without regard to conflict-of-law principles.
17.2 Venue and Jurisdiction
Any legal action, claim, dispute, or proceeding arising out of or related to services
provided by Utah Mechanical Systems shall be brought exclusively in the appropriate
Utah state court located in Weber County, Utah, or, at Utah Mechanical Systems’
discretion, in the Utah state court located in the county where the serviced property
is located.
The Customer agrees to the personal jurisdiction of these courts and waives any
objection to venue or forum.
17.3 Attorney’s Fees and Costs
In any legal action to enforce these Terms or recover unpaid balances, Utah
Mechanical Systems shall be entitled to recover all reasonable attorney’s fees, court
costs, filing fees, lien filing and release fees, UCC filing fees, and any additional
recovery-related expenses.
17.4 No Out-of-State Claims or Forums
The Customer agrees not to file claims, disputes, or lawsuits in any jurisdiction outside
the State of Utah. Any out-of-state filing may be dismissed, and Utah Mechanical
Systems may recover all costs associated with enforcing the proper forum.
17.5 Governing Law for Liens and Security Interests
All mechanic’s lien filings, fixture filings, UCC filings, and security interest enforcement
actions are governed by applicable Utah statutes, including:
● Utah Mechanic’s Lien Act (Utah Code Title 38, Chapter 1a)
● Utah’s enactment of UCC Article 9 (Utah Code Title 70A, Chapter 9a)
17.6 Dispute Resolution Option (Not Mandatory)
Utah Mechanical Systems may, at its sole discretion, offer mediation, arbitration, or
informal dispute resolution. Participation in such processes is voluntary for Utah
Mechanical Systems and does not limit or waive any right to pursue immediate legal or
lien remedies.
17.7 Survival of Legal Provisions
All legal provisions—including payment obligations, warranties, lien rights, UCC rights,
security interests, and limitations of liability—shall survive the completion of services,
cancellation of services, or termination of the relationship between the Customer and
Utah Mechanical Systems.
18. Agreement
By accepting an estimate, invoice, scheduled appointment, proposal, service record,
electronic communication, or by allowing work to be performed at the property, the
Customer agrees in full to these Terms of Service.
18A. Binding Nature of Terms
18A.1 Acceptance by Use
The Customer does not need to physically sign these Terms to be legally bound by
them. By scheduling, requesting, accepting, or receiving services from Utah Mechanical
Systems, LLC—or by communicating with our staff regarding services—the Customer
agrees to these Terms in their entirety.
18A.2 Notice Provided
These Terms are made available to the Customer before and during the provision of
services. Failure to read, review, or acknowledge these Terms does not exempt the
Customer from compliance.
18A.3 Continuing Obligation
The Customer’s obligation to comply with these Terms remains in force for all past,
current, and future services, regardless of whether the Customer chooses to review
them on any given service visit.
18A.4 Applicability to All Services
These Terms apply to all past, present, and future services performed by Utah
Mechanical Systems, LLC without requiring additional signatures, initials, approval, or
acknowledgment for each subsequent visit, estimate, repair, installation, or transaction.
18A.5 Terms Control in the Event of Conflict
If there is any conflict between a written estimate, invoice, proposal, or service
description and these Terms, these Terms shall control and supersede unless Utah
Mechanical Systems expressly agrees otherwise in writing.
18A.6 Customer Authority & Representation
By requesting or approving service, the Customer affirms they are either:
● the legal property owner,
● an authorized agent of the property owner, or
● financially responsible for the service.
Misrepresentation of authority does not release any party—including the
Customer or property owner—from payment obligations.
18A.7 Digital Acceptance Validity
Digital signatures, emailed approvals, text-message confirmations, recorded verbal
approvals, online submissions, and any form of electronic acceptance are legally valid
and binding under Utah law and federal E-SIGN standards.
18A.8 Survival of Terms
All contractual obligations—including payment responsibilities, lien rights, UCC rights,
security interests, warranty limitations, and liability limitations—survive the completion,
cancellation, or termination of services.
18A.9 Opportunity for Legal Review
The Customer acknowledges that they have had the opportunity to review these Terms
of Service, including all payment obligations, lien rights, security interests, warranty
limitations, and liability limitations, with an attorney or legal advisor of their choice prior
to receiving services.
Failure to seek legal counsel does not invalidate or reduce the enforceability of these
Terms.
18A.10 No Verbal Modifications or Promises
No verbal statements, promises, estimates, discounts, guarantees, time commitments,
or representations made by technicians, staff, schedulers, or agents shall modify,
amend, waive, or override these Terms of Service.
Only written agreements signed by authorized management of Utah Mechanical
Systems, LLC may alter pricing, scope of work, warranties, or contractual obligations.
Any verbal information provided during service is for general guidance only and is not
binding unless confirmed in writing.