TERMS AND CONDITIONS

North Winds Mechanical

Last Updated: Jan 2026

1. INTRODUCTION

These Terms and Conditions ("Agreement") govern all services provided by North Winds Mechanical ("Company," "we," "us," or "our") to customers ("Client," "you," or "your") for heating, ventilation, air conditioning, and related mechanical services on Nantucket, Massachusetts. By engaging our services, you agree to be bound by these terms.

2. SCOPE OF SERVICES

North Winds Mechanical provides the following services:

1. Installation of new HVAC systems and equipment

2. Repair and maintenance of existing heating and cooling systems

3. Emergency HVAC services

4. Preventative maintenance agreements

5. System inspections and diagnostics

6. Ductwork installation and repair

The specific services to be provided will be detailed in individual service agreements, estimates, or work orders signed by both parties.

3. ESTIMATES AND PRICING

3.1 Estimates

All estimates provided are based on our initial assessment and the information provided by the Client. Estimates are valid for 30 days unless otherwise specified. Final pricing may vary if additional work, materials, or unforeseen conditions are discovered during service.

3.2 Hidden Conditions

Conditions that could not be known by reasonable inspection (such as concealed damage, code violations, structural issues, or problems within walls or systems) may require additional labor or materials not included in the original estimate. If such conditions are discovered, we will notify the Client and provide a revised estimate before proceeding with additional work.

3.3 Pricing

Our pricing includes labor, materials, equipment, and applicable taxes unless otherwise noted. Service calls and diagnostic fees may apply and will be disclosed prior to scheduling. Nantucket location surcharges may apply for equipment and material delivery.

4. PAYMENT TERMS

4.1 Payment Due

Payment is due upon completion of services unless otherwise agreed in writing. For installation projects, we may require a deposit before work begins and progress payments as work is completed. The payment schedule will be specified in the service agreement.

4.2 Accepted Payment Methods

We accept cash, checks, credit cards, and electronic payments. A convenience fee may apply to credit card transactions over certain amounts.

4.3 Late Payments

Invoices not paid within 30 days of the due date will accrue a late fee of 2% per month (24% per annum) on the outstanding balance. We reserve the right to suspend services and pursue collection for unpaid accounts. Client agrees to pay all costs of collection, including reasonable attorney fees.

4.4 Disputed Charges

Any disputes regarding charges must be submitted in writing within 10 days of invoice date. Failure to dispute charges within this period constitutes acceptance of all charges.

5. CLIENT RESPONSIBILITIES

5.1 Access to Property

Client must provide safe and reasonable access to all areas where work is to be performed. This includes clearing pathways, providing adequate workspace, and ensuring pets are secured. If access is not provided as scheduled, rescheduling fees may apply.

5.2 Utilities and Site Conditions

Client must provide access to electricity, water, and other utilities necessary for the performance of services. Client is responsible for ensuring the work area is clear and accessible. Client is responsible for utility costs associated with the installation, service, or repair.

5.3 Accurate Information

Client must provide accurate information regarding the property, existing systems, insulation values, and any known issues. We are not responsible for problems arising from inaccurate or incomplete information provided by the Client.

5.4 Property Protection

Client is responsible for removing or protecting valuables, furnishings, and personal property in work areas. While we take reasonable precautions, we are not responsible for damage to items not moved by the Client prior to our arrival.

6. WARRANTIES AND GUARANTEES

6.1 Workmanship Warranty

We warrant our workmanship for a period of one (1) year from the date of service completion. This warranty covers defects in our installation or repair work only, and does not cover equipment failures, parts, or issues caused by normal wear and tear, misuse, lack of maintenance, or alterations by others.

6.2 Manufacturer Warranties

Equipment and parts are covered by the manufacturer's warranty. We will assist in facilitating warranty claims but are not responsible for manufacturer warranty coverage, exclusions, or claim denials. Manufacturer warranties may require registration and regular maintenance.

6.3 Performance Standards

HVAC systems are sized based on industry-standard load calculations and the information provided by the Client. We are not responsible for system performance issues resulting from inadequate insulation, air leakage, ductwork problems existing prior to our work, extreme weather conditions beyond design parameters, or inaccurate information provided during consultation.

6.4 Warranty Exclusions

Warranties do not cover: (a) damage caused by acts of God, accidents, abuse, or misuse; (b) modifications or repairs by others; (c) failure to perform recommended maintenance; (d) use of equipment beyond its intended purpose; or (e) normal wear and tear.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTH WINDS MECHANICAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, OR INCREASED UTILITY COSTS, ARISING FROM OR RELATED TO OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claim related to our services shall not exceed the total amount paid by the Client for the specific services giving rise to the claim.

8. INSURANCE AND INDEMNIFICATION

8.1 Our Insurance

We maintain general liability insurance and workers' compensation insurance as required by Massachusetts law. Certificate of insurance available upon request.

8.2 Client Indemnification

Client agrees to indemnify and hold harmless North Winds Mechanical from any claims, damages, or expenses arising from: (a) inaccurate information provided by Client; (b) Client's failure to disclose known defects or hazardous conditions; (c) interference with our work by Client or third parties; or (d) Client's failure to maintain required permits or comply with applicable laws.

9. PERMITS AND CODE COMPLIANCE

We will obtain necessary permits for work as required by local building codes, with costs included in our estimate unless otherwise specified. Client is responsible for ensuring that our access to the property and performance of work complies with any homeowner association rules, deed restrictions, or property covenants. We perform all work in accordance with applicable building codes and industry standards, but are not responsible for bringing existing systems or structures up to current code unless specifically contracted to do so.

10. CANCELLATION AND RESCHEDULING

10.1 Client Cancellation

Client may cancel scheduled service appointments with at least 24 hours' notice without penalty. Cancellations with less than 24 hours' notice or no-shows may be subject to a cancellation fee. For projects in progress, Client may cancel with written notice; however, Client is responsible for payment for all work completed, materials ordered, and reasonable overhead and profit.

10.2 Our Cancellation Rights

We reserve the right to cancel or suspend services if: (a) Client fails to make required payments; (b) site conditions are unsafe for our technicians; (c) Client fails to provide necessary access or cooperation; or (d) we reasonably believe the prospect of payment is impaired. Upon such cancellation, Client remains liable for all work performed plus applicable charges.

11. MAINTENANCE AGREEMENTS

Preventative maintenance agreements are offered as separate contracts with specific terms regarding service frequency, coverage, and pricing. Maintenance agreement terms will be detailed in a separate document and incorporated by reference. Such agreements typically include scheduled inspections, tune-ups, priority service scheduling, and discounts on repairs.

12. CHANGE ORDERS

Any changes to the scope of work, materials, or specifications must be documented in a written change order signed by both parties. Change orders may result in adjustments to the project timeline and cost. We will provide estimated costs for change orders, and Client agrees to pay actual costs even if they exceed the estimate. No verbal change orders will be recognized.

13. EMERGENCY SERVICES

Emergency services may be available outside of normal business hours subject to technician availability. Emergency service calls are subject to premium rates, which will be disclosed before service is scheduled. Emergency services are performed on a best-efforts basis, and we cannot guarantee specific response times.

14. NANTUCKET-SPECIFIC CONSIDERATIONS

Due to Nantucket's island location, certain conditions may affect service delivery:

1. Ferry schedules and weather conditions may impact material delivery and service scheduling

2. Specialized equipment or parts may require additional lead time for delivery

3. Historical district and coastal zone regulations may apply to certain installations

4. Seasonal demand variations may affect scheduling availability

We will make reasonable efforts to minimize delays, but are not responsible for circumstances beyond our control.

15. ENVIRONMENTAL COMPLIANCE AND DISPOSAL

We comply with all applicable environmental regulations regarding refrigerant handling, disposal of old equipment, and hazardous materials. Disposal fees for old equipment or hazardous materials may be charged separately and will be disclosed in advance. We are not responsible for the discovery or remediation of pre-existing environmental hazards such as asbestos, lead, or mold unless specifically contracted for such services.

16. WARRANTY CLAIMS PROCESS

To make a warranty claim for our workmanship, Client must: (a) notify us in writing within the warranty period; (b) provide reasonable access for inspection and repair; and (c) not attempt repairs by others, which may void the warranty. We will assess the claim and, if valid, repair or re-perform the work at no charge. Our decision on warranty claims is final.

17. FORCE MAJEURE

We shall not be liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, severe weather, pandemics, government actions, labor disputes, material shortages, transportation disruptions, or ferry service interruptions. In such cases, performance will be excused during the period of delay.

18. DISPUTE RESOLUTION

18.1 Good Faith Negotiation

In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.

18.2 Mediation

If negotiation fails, the parties agree to attempt mediation before pursuing litigation. Mediation costs shall be shared equally.

18.3 Governing Law and Venue

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any legal action must be brought in the appropriate court in Nantucket County, Massachusetts.

19. ENTIRE AGREEMENT AND MODIFICATIONS

This Agreement, together with any signed service agreements, estimates, and work orders, constitutes the entire agreement between the parties and supersedes all prior oral or written representations. No modification or amendment shall be valid unless in writing and signed by both parties.

20. SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

21. ASSIGNMENT

Client may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement to an affiliate or successor in interest.

22. NOTICES

All notices required under this Agreement must be in writing and delivered by email, certified mail, or hand delivery to the addresses provided in the service agreement. Notices are considered effective upon receipt.

23. ACCEPTANCE

Client will be deemed to have accepted our performance as satisfactory and complete unless Client notifies us in writing of any deficiencies within 30 days of substantial completion. After this period, all work is considered accepted, and Client waives any claims regarding workmanship or compliance with specifications.

24. PRIVACY AND DATA PROTECTION

We collect and maintain customer information necessary to provide services, process payments, and maintain business records. We will not sell or share personal information with third parties except as necessary to perform services (such as with equipment manufacturers for warranty purposes) or as required by law. Client information is maintained in accordance with applicable privacy laws.

25. SUBCONTRACTORS

We reserve the right to use qualified subcontractors to perform portions of the work. We remain responsible for the quality and completion of all work performed by subcontractors under this Agreement.

ACKNOWLEDGMENT

By signing a service agreement, work order, or estimate that references these Terms and Conditions, or by accepting our services, Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

For questions about these Terms and Conditions, please contact:

North Winds Mechanical

61 Old South Rd #269

Nantucket, Massachusetts 02554

office@northwindsmechanical.com