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: July 7, 2025

 

 

1. Introduction

Welcome to Utah Mechanical Heating and Air Conditioning (“Company,” “we,” “our,” or “us”).
By hiring our services or accessing or using our website www.utahmech.com (the “Site”) and
our HVAC services (the “Services”), you agree to comply with these Terms of Service
(“Terms”). These terms are designed to protect our business, team, and customers from abuse
and financial risk. We work hard and expect the same honesty and professionalism from those
we serve.
If you do not agree to these Terms, you must not use our Services.

2. Definitions

Haggling: Attempting to negotiate a lower price or obtain a discount through persistent
bargaining beyond the standard pricing and discount policies set by the company.

Extorting: Illegally attempting to obtain discounts, free services, or other benefits from our
HVAC company through threats, coercion, intimidation, or abuse of authority, including
leveraging personal or professional influence inappropriately.

Harassment: Any repeated or unwelcome behavior that is threatening, intimidating, or abusive,
including but not limited to verbal abuse, coercion, manipulation, or any actions that create a
hostile environment.

Theft of Service: Obtaining or attempting to obtain services without proper compensation or
through dishonest means, including actions such as haggling, extorting, or any form of abuse
aimed at receiving services without full payment.

3. Services Provided

We offer full-service residential and commercial HVAC/R (Heating, Ventilation, Air
Conditioning, and Refrigeration) 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
and extensive experience in residential, commercial, and industrial environments.

Our promise: Your satisfaction guaranteed! We pride ourselves on honesty and efficiency. We
promise to never hide upsells, hide fees, or make dishonest recommendations.
Our technicians enjoy troubleshooting and provide you with several options to deliver comfort
cooling or heating for your unique situation. We will only make recommendations for repairs or
system replacements if we feel it is justified.
Our technicians will always be able to explain the reason behind our recommendations in a way
that you can understand. We’re here for you every step of the way.
Our technicians will get your informed consent before moving forward with any suggested
repairs or replacements and provide financing options to work with your budget.
Our team promises to maintain clear and open communication links for every step of the service
process.
By trusting us with your cooling or heating needs you will be left feeling satisfied every time.

4. Diagnostic Fee

Residential Applications: For all service calls, a diagnostic fee of $149 is required upfront. This
fee covers the cost of dispatch, travel, inspecting, and diagnosing issues with your HVAC
system. The diagnostic fee is a flat fee and there will be no hidden charges or upsells. The

diagnostic fee is non-refundable if we are able to provide the service. The diagnostic fee is not
applied to any repairs or part replacements made. The diagnostic fee will be applied to full
equipment replacements. If no repairs or replacements are made after the diagnostic service is
rendered the fee cannot be refunded. This fee covers the labor and expertise of the diagnostic
service. Due to the nature of the diagnostic service, it is impossible to return the diagnostic
service. If the fee is paid the service will be provided. In the rare event that we are unable to
provide the diagnostic service the fee will be returned in full, hassle free. VIP Members please
see your VIP Terms provided.
Commercial Applications: Due to the complexity of commercial spaces and systems the
diagnostic fees will be billed by labor hours at the rate of $160 per hour for inspections and
diagnostics. Full details and findings will be provided when the labor for diagnosis is paid. The
diagnostic fee will be applied to any repairs if repairs are feasible and approved by the customer.
Failure or refusal to pay for the diagnostic labor will result in a Theft of Services charge. Service
contract participants please refer to your agreement for specific terms.

5. Deposits

For repair, installation, or replacement jobs, a deposit of 50% of the total estimated cost or total
equipment cost whichever is higher is required before any work commences. The deposit will be
applied to the final invoice. The remaining balance is due upon completion of the repair job. This
deposit covers the cost of equipment, tools, consumables, travel, labor, and scheduling.

6. Payment Terms

a) Upfront Payments: The diagnostic fee must be paid before the diagnostic service is
performed in residential applications. For other services, a 50% deposit or equipment
charge is required upfront.
b) Final Payment: The remaining balance after the deposit is due immediately upon
completion of the repair or replacement services.
c) Payment Methods: We accept PayPal, Venmo, CashApp, Zelle, Meta Pay, cash, check,
and all major credit and debit cards. We also have several financing options available to
include personal loans, HELOC, mortgage refinance and more. Processing fees apply to
card transactions and financing.
d) Payment Plans and Financing: Applicable terms will be adhered to per the documents
and agreements within those plans if made available.
e) Harassment Policy: Harassment, bullying, haggling, manipulation, or any other
mental/emotional/verbal abuse tactic used to lower pricing or receive discounts, including
threatening, extorting, coercing, bribing, or otherwise abusing our employees, will count
as theft of service and will be pursued to the fullest extent of the law.
f) Returned Payments: Any payments made via check or other payment methods that are
returned due to insufficient funds, or for any reason resulting in a bounced check or
returned payment, will incur a fee of $160.

g) Net 30: Some commercial work will qualify for net 30 pay periods. The client will
have 30 calendar days to pay invoices if agreed by both parties.
6.1. Third Party Payment Process and Property Owner Responsibility
A. Payment Due Date
For direct retail work, payment is due in full on the day service is rendered.
For work submitted through Home Warranty Companies, Property Management firms,
General Contractors, or other third-party providers ("Third Parties"), we will follow their
required procedures for authorization and payment. However, payment is still due within
30 days of service.
B. Property Owner Responsibility
If a Third Party fails to pay us within 30 days after service, the Property Owner becomes
fully responsible for the outstanding balance.
It is the Property Owner’s responsibility to seek reimbursement from the Third Party
(e.g., warranty provider, general contractor, property manager, or other third-party
provider).
C. Late Fees and Collection Charges
Invoices not paid within 30 days will incur a late fee of $35.
After 60 days, a collection fee of 30% of the unpaid balance will be added, and the
invoice will be sent to collections.
In addition to these fees, as stated in Section 8 of our Terms of Service:

D. A daily interest charge of 18% will be applied, compounding daily for the first 30 days.
E. After 30 days, the entire outstanding balance (including accumulated interest) will accrue
interest at an APR of 28%, compounded monthly.
F. Returned payments will incur a $160 fee.
G. Pre-Lien Notices
A pre-lien notice will be issued on any unpaid job 7 days after service is rendered, in
accordance with state lien laws.
H. Lien Rights
We do not waive our mechanic’s lien rights under any circumstances.
We will exercise our right to file a lien on any property with unpaid balances, regardless
of whether a Third Party was initially expected to pay.
I. Procedure Compliance
We follow all required procedures to obtain approval and payment through Home
Warranty Companies, Property Managers, General Contractors, or other third-party
providers.

We cannot guarantee timely or complete payment by Third Parties. Payment is
ultimately the Property Owner’s responsibility.
J. Legal and Collection Costs
The Property Owner is responsible for any and all legal fees, court costs, or collection
agency fees incurred in recovering unpaid balances.
K. Governing Law
All disputes arising under these terms shall be governed by the laws of the State of Utah.
L. Acceptance of Terms
Acceptance of any estimate, invoice, or scheduled service appointment constitutes
agreement to these terms. If terms are linked within an estimate or sent digitally in
advance of the appointment, that acceptance shall be treated as binding.
4. Liens and Third-Party Agreements
We do not waive our mechanic’s lien rights under any circumstances, including when
performing work as a subcontractor or service provider under a third-party agreement.
Any language in a third-party agreement—such as those from Home Warranty
Companies, Property Managers, General Contractors, or other third-party providers—that
claims to waive our right to file a lien on the property does not override Utah state law
and shall be considered invalid and unenforceable.
We will not remove a legally filed lien at the request of a third-party provider unless the
debt is satisfied in full.
Attempts by a third party to coerce or threaten us into providing service under the false
pretense that we cannot pursue legal recourse, such as filing a lien, will be treated as a
threat or form of extortion, and falls under our definitions of Theft of Service as outlined
in Section 2 of these Terms.
Any company or individual attempting to interfere with our lawful right to collect
payment or file a lien will be held liable for damages, and any service performed under
such duress will be reclassified as a direct transaction between us and the Property
Owner, who will then be fully responsible for the unpaid balance.

7. Cancellation and Rescheduling

a. Cancellations: If you need to cancel a scheduled service, you must provide at least 24
hours’ notice. Cancellations made with less than 24 hours’ notice may result in forfeiture
of the diagnostic fee or deposit in part or in full. Depending on circumstances we may
return up to 50% of the diagnostic fee. A portion of this fee may be retained to cover the
costs of planning and scheduling.
b. Rescheduling: To reschedule an appointment, please contact us at least 24 hours in
advance. We will make every effort to accommodate your new preferred date and time.

8. Failure to Pay for Service Rendered

Failing to pay for services rendered, or having payments reversed after a service is rendered, will
result in several consequences including, but not limited to, the following:

a. A lien being placed on your property.
b. Law enforcement involvement.
c. Blacklisting internally, in local community, and local contractor boards/forums.
d. Legal action and associated fees.
e. Interruptions to service.
f. Additional fees or fines will be applied, and a daily interest charge of 18%
compounding daily for the first 30 days. After the initial 30 days, the outstanding
balance, including the accumulated interest, will accrue interest at an annual percentage
rate (APR) of 28%, compounded monthly.
g. Negative marks against your credit report.
Notification:
We will exhaust all contact methods to notify you of your overdue payment and attempt to
collect the debt on a daily basis starting from the payment due date until the payment is settled.
This could include but is not limited to contact through email, social media profiles, phone,
and/or property/billing address. Additionally, we reserve the right to contact friends, family, and
associates to assist in the collection of the debt.
As of June 2024, in Utah, theft of service under $1,500 is a misdemeanor, and theft of service
over $1,500 is a felony. Threatening, extorting, coercing, bribing, or otherwise abusing our
employees to obtain discounts or credits will be considered theft of service and pursued to the
fullest extent of the law.

9. Workmanship Warranty

We provide a full coverage labor warranty on our repair services for a period of 365 days from
the date of service. This warranty covers defects or discrepancies in workmanship. It does not
cover issues arising from misuse, unauthorized alterations, or repairs done by others. Parts are
warrantied through the manufacturer. We cannot warranty parts. We assist you in the process of
filing for your warranty benefits if the need arises on a system we installed or are making repairs
to. VIP Members please see your VIP Terms provided.

10. Leak Stop Policy:

Utah Mechanical Systems does not use or endorse any “leak stop,” “fix-a-flat,” “sealant,” “A/C
stop leak,” “refrigerant sealant,” “internal sealant,” or similar products marketed as permanent or
temporary sealing solutions for refrigerant systems. This includes, but is not limited to: Leak
Seal, SealX, Proseal, Super Seal, EasySeal, AC Leak Freeze, Leak Saver, UV Dye Sealants,
NanoSeal, and other comparable additives.
We will not gauge up to or perform diagnostic checks on systems that have used leak stop
products in the past.

Systems with a history of leak stop or sealant usage are not covered under any warranty provided
by Utah Mechanical Systems. We strongly advise against the use of these products in HVAC
systems, as they can cause severe damage to compressors, TXVs, and diagnostic equipment.
If such products have been used, we recommend full system replacement to ensure safety,
reliability, and long-term performance.
If a customer chooses to proceed with repairs despite our recommendation, they acknowledge
and accept all risks—including system failure and the potential damage to new parts or our
equipment.
If leak stop damages our testing tools or gauges during service, the customer will be charged for
the cost of replacement equipment.

11. Limitation of Liability

To the maximum extent permitted by law, Utah Mechanical Heating and Air Conditioning shall
not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss
of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill,
or other intangible losses, resulting from:
a. Your use or inability to use our services.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of
Utah, without regard to its conflict of law principles.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material and
affects your service, we may provide notice of any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.

14. Contact Us

If you have any questions about these Terms, please contact us at:
Utah Mechanical Heating and Air Conditioning
Contact Information: 801-200-6060 UtahMechanicalSystems@gmail.com
Utahmech.com

15. Agreement

By agreeing to hiring our services, you acknowledge that you have read, understood, and agree
to be bound by these Terms.

 

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