Terms and Conditions
The following are Pacific Air Pros standard terms and conditions. Where applicable customers will be given a Home Improvement Contract, 3-Day or 5-Day right to cancel notice, Mechanics Lien Warning along with the projects terms and conditions.
Quotes/Estimates
Quotes are valid for 15 days after issuance, after which values may be subject to change.
EQUIPMENT TITLE
Title to all equipment and materials shall remain with Pacific Air Pros until the contract price is paid in full. We reserve the right to remove equipment in the event of non-payment, subject to state law.
WARRANTY AND EXCLUSIONS
Our work is backed by a 1-year labor warranty on our installations along with registering the equipment installed, if applicable, for the manufacture warranty. Warranty coverage is contingent upon the Owner performing routine maintenance as recommended by the manufacturer, including but not limited to regular filter replacements
Our labor warranty is immediately void if any person or entity other than Pacific Air Pros performs service, repairs, or modifications to the equipment installed under this agreement.
This warranty does not extend to damage caused by:
◦ Foundation shifting, seismic activity, or other natural causes.
◦ Misuse, accidents, or improper maintenance.
◦ High-pressure washing, vandalism, or other external damage unrelated to defects in materials or workmanship.
LIMITATION OF LIABILITY
In no event shall Pacific Air Pros be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or other intangible losses.
DISPUTE RESOLUTION
In the event of a dispute arising out of or relating to this contract, both parties agree to first attempt to resolve the matter through good faith negotiation. If resolution cannot be reached, the parties agree to submit the dispute to binding arbitration in the county where the project was performed, in accordance with the rules of the American Arbitration Association. Each party will bear its own costs, and the decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.
FORCE MAJEURE
Pacific Air Pros shall not be liable for delays or failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, labor disputes, shortages of materials, governmental actions, or other events that prevent or delay performance. In such cases, project timelines may be adjusted without penalty.
PRE‑EXISTING AND NON‑VISIBLE CONDITIONS.
Pacific Air Pros pricing and scope are based on a visual inspection from accessible ground level and do not include invasive or destructive investigation. Pacific Air Pros shall not be liable for any loss, damage, or failure of trees, structures, or improvements caused in whole or in part by pre‑existing conditions, hidden defects, internal decay, disease, infestation, prior work by others, or concealed subsurface conditions that were not reasonably discoverable by such limited visual inspection. If such conditions are discovered during performance, Pacific Air Pros sole obligation shall be to notify the Owner and, if requested by the Owner, to propose additional work to address those conditions as Extra Work pursuant to a written change order.
CHANGE ORDERS
Any requests for changes to the agreed scope of work must be submitted in writing and approved by Pacific Air Pros before the changes are performed.
Change orders may result in adjustments to project cost and timeline, which will be reflected in an updated invoice provided to the client.
MODIFICATIONS
Pacific Air Pros reserves the right to modify or update these Terms and Conditions at any time without prior notice.
GOVERNING LAW
These Terms and Conditions are governed by the laws of the State of California, without regard to conflict-of-law principles.
PAYMENTS
· A deposit of 10 percent or 1,000 dollars (whichever is less) is required to secure a project date. This deposit will be applied to the final invoice.
· Larger projects will require a 25-50% payment on the first day of the project, or completion of each phase.
· Payment is due upon completion of project stages.
· Accepted payment methods: Cash, Check, Venmo, ACH transfer, or Card (fees may apply).
· Checks should be made payable to Pacific Air Pros.
Venmo payments should be sent to @PacificAirPros
Submission of a deposit constitutes acknowledgment and acceptance of this contract, even if not signed. Mechanical Lien Warning will be provided to clients when applicable.
CANCELLATION AND RESCHEDULING
· Right to Cancel: When applicable, clients will be provided a 3-Day or 5-Day right to cancel as required by California law. Cancellations must be submitted in writing.
· Restocking Fees: For cancellations made after the statutory rescission period but before work commences, the Client shall be responsible for a 15% restocking fee on all specially ordered equipment and a $250 administrative fee.
· Work in Progress: If a project is cancelled after work has begun, the Client is responsible for the full cost of labor performed and all non-returnable materials installed up to the point of cancellation.
· Access for Recovery: In the event of contract cancellation or termination by either party, any uninstalled equipment or materials staged at the project site remain the exclusive property of Pacific Air Pros. The Client agrees to provide immediate and unhindered access to the premises for the purpose of equipment recovery.
· Liability for Retained Materials: If the Client fails to make equipment or materials available for pickup within 48 hoursof cancellation, or if equipment is moved, damaged, or installed by others, Pacific Air Pros reserves the right to invoice the Client for the full retail value of said equipment.
· Default Charges: Any equipment not recovered due to Client interference will be subject to immediate payment, and Pacific Air Pros may exercise its rights under California Mechanic’s Lien laws to recover these costs.
RIGHT TO STOP WORK.
Pacific Air Pros retains the authority to halt work in the event that any payment under this agreement is not made as per the agreed schedule. The Contractor may suspend job progress until all outstanding payments are settled. Any failure to make timely payments constitutes a significant breach of Contract.
PACIFIC AIR PROS RIGHT TO WITHDRAW
Pacific Air Pros reserves the right to withdraw a quote or terminate an ongoing project at its sole discretion at any time. If Pacific Air Pros elects to cease work for reasons other than Client breach (such as safety concerns or unforeseen site complications), a refund will be issued for any deposits or prepayments for work not yet performed.
HAZARDOUS MATERIALS / PESTS.
This quote/estimate/contract does not include testing for or remediation of hazardous materials or conditions, including but not limited to asbestos, lead, contaminated soils, underground storage tanks, buried waste, high‑voltage power lines, active bee or wasp nests, wildlife hazards, or similar conditions. If such materials or conditions are encountered or reasonably suspected, Pacific Air Pros may suspend work in the affected area and shall promptly notify Owner. Owner shall be responsible, at Owner’s expense, for arranging any required testing, abatement, pest control, or other specialized services, and for providing a safe work environment for Pacific Air Pros personnel. Any delay, demobilization, remobilization, or additional protective measures required as a result of hazardous materials or pest activity shall be treated as Extra Work and charged to Owner in accordance with the Extra Work and Change Orders provisions.