Tel: (303) 946-6535
Tel: (303) 946-6535
Effective Date: 9/26
These Terms & Conditions (“Terms”) govern the services provided by Quality Fireplace Solutions (“Quality Fireplace Solutions,” “we,” “us,” or “our”) to the customer (“Customer,” “you,” or “your”). By accepting a proposal, estimate, invoice, work authorization, or scheduling an appointment with Quality Fireplace Solutions, the Customer agrees to these Terms.
Quality Fireplace Solutions provides fireplace, chimney, venting, hearth, installation, repair, inspection, maintenance, and related services as described in the applicable estimate, proposal, invoice, or work authorization (“Work”).
The specific Work to be performed is limited to the scope expressly stated in the applicable proposal or written authorization. Any work not specifically included is excluded unless added through a written change order or otherwise authorized by Quality Fireplace Solutions.
Estimates and proposals are based upon the information reasonably available to Quality Fireplace Solutions at the time they are prepared.
Unless specifically stated otherwise in writing:
Conditions that cannot reasonably be identified before work begins may result in additional charges.
Fireplace, chimney, masonry, framing, roofing, venting, electrical, gas, structural, and other building conditions may not be fully visible until work begins.
Examples may include:
If an unforeseen condition materially affects the Work, Quality Fireplace Solutions may stop or suspend the affected portion of the Work until the condition can be evaluated and the Customer is informed of any additional work or cost required.
Changes to the agreed scope of Work may require a change order.
Additional Work may include labor, materials, equipment, disposal, travel, permits, inspections, engineering, subcontractor services, or other costs necessary to address conditions outside the original scope.
Where reasonably practicable, Quality Fireplace Solutions will obtain the Customer’s approval before performing additional chargeable Work.
Emergency or safety-related work may be performed without prior written approval when reasonably necessary to protect persons or property, subject to applicable law.
A deposit of 30% may be required before materials are ordered or Work is scheduled.
Unless otherwise stated in writing:
Past-due balances may be subject to applicable late charges, collection costs, attorney fees, or other remedies to the extent permitted by law.
Quality Fireplace Solutions will make reasonable efforts to perform Work within the estimated schedule.
Dates and timeframes may be affected by:
A scheduled date is not a guarantee of completion unless expressly stated otherwise in writing.
The Customer agrees to:
The Customer is responsible for obtaining any owner, landlord, HOA, or similar approval unless Quality Fireplace Solutions expressly agrees in writing to obtain it.
The Customer must provide safe and reasonable access to the areas where Work is to be performed.
If Quality Fireplace Solutions is unable to access the property or work area at the scheduled time, a trip charge, cancellation charge, or rescheduling fee may apply where permitted by law.
Where permits or inspections are required, responsibility for obtaining them will be stated in the applicable proposal.
Unless expressly included in writing, Quality Fireplace Solutions is not responsible for obtaining permits, approvals, engineering reports, architectural services, HOA approvals, or other third-party approvals.
Where Quality Fireplace Solutions obtains a permit as part of the Work, the Customer remains responsible for providing accurate property information and cooperating with required inspections.
Quality Fireplace Solutions will perform the contracted Work in accordance with applicable requirements that apply to the Work to the extent reasonably known and applicable.
Existing construction and installations may not comply with current requirements.
Quality Fireplace Solutions does not assume responsibility for correcting every pre-existing code violation or deficiency unless that corrective Work is specifically included in the scope of Work.
If an unsafe or non-compliant condition is discovered, Quality Fireplace Solutions may recommend corrective action or decline to perform Work that cannot reasonably or safely be completed as requested.
Quality Fireplace Solutions does not install parts, equipment, appliances, or other materials purchased by a Customer or obtained from a third party.
Quality Fireplace Solutions is not responsible for manufacturing defects, compatibility, condition, or performance of customer-supplied or third-party products.
Fireplace appliances, inserts, chimneys, liners, venting systems, and related products must be installed and operated in accordance with applicable manufacturer instructions.
Where manufacturer requirements conflict with Customer preferences, Quality Fireplace Solutions may decline to perform an installation or modification that would compromise safety or violate applicable requirements.
Quality Fireplace Solutions is not responsible for defects, deterioration, damage, or failure of existing equipment or construction that was not installed or modified by Quality Fireplace Solutions.
Work performed on or around existing equipment may reveal conditions that were not reasonably discoverable beforehand.
Repair or installation involving masonry, roofing, framing, drywall, paint, flooring, trim, stone, tile, or other finished surfaces may involve differences in color, texture, age, availability, or appearance.
Exact matching of existing materials cannot always be guaranteed.
Unless specifically included in the written scope, cosmetic restoration, painting, drywall repair, refinishing, replacement of damaged finishes, and similar work are excluded.
Quality Fireplace Solutions will take reasonable precautions to protect the work area.
However, fireplace and chimney work may generate dust, soot, debris, vibration, odors, or other incidental effects.
The Customer should remove or protect fragile, valuable, or sensitive belongings near the work area.
Quality Fireplace Solutions is not responsible for ordinary wear or conditions that could not reasonably be prevented despite reasonable precautions.
Quality Fireplace Solutions may refuse or discontinue Work if it reasonably determines that conditions are unsafe.
Unsafe conditions may include structural instability, improper clearances, hazardous materials, unsafe electrical or gas conditions, inaccessible work areas, severe chimney deterioration, or other circumstances presenting an unreasonable risk.
The Customer agrees not to interfere with safety procedures or require employees or contractors to perform Work in an unsafe manner.
Work involving gas lines, electrical systems, structural components, roofing, engineering, or other specialized trades will be performed only to the extent included in the applicable scope and permitted by applicable licensing requirements.
Additional licensed trades or subcontractors may be required where circumstances warrant.
Unless specifically included, Quality Fireplace Solutions does not warrant existing gas, electrical, structural, roofing, or other systems.
The performance of a fireplace or chimney can be affected by factors outside Quality Fireplace Solutions’ control, including:
Quality Fireplace Solutions does not guarantee that a fireplace or chimney will perform in a particular manner unless a specific performance guarantee is expressly provided in writing.
Any warranty provided by Quality Fireplace Solutions will be limited to the specific Work and period expressly stated in the applicable proposal, invoice, or warranty document.
Manufacturer warranties, when applicable, are provided by the manufacturer and are subject to the manufacturer’s terms and conditions.
Unless otherwise stated in writing, warranties do not cover damage or failure resulting from:
Any warranty claim should be reported promptly after discovery of the alleged defect.
Diagnostic or service visits may be subject to a service-call or diagnostic fee.
A diagnostic visit does not necessarily include repair or replacement.
If additional Work is recommended, Quality Fireplace Solutions will provide an estimate or proposal when reasonably practicable.
Payment for diagnostic or service work is due according to the applicable invoice.
The Customer should provide reasonable notice—24 hours—of any requested cancellation or rescheduling.
Deposits may be subject to cancellation charges or non-refundable material costs when permitted by law, particularly where Quality Fireplace Solutions has already ordered custom, special-order, or non-returnable materials or reserved labor specifically for the Customer’s project.
Nothing in this section limits any cancellation or rescission rights provided to consumers by applicable law.
Special-order, custom, or non-returnable materials may not be eligible for cancellation or refund.
Where a manufacturer, supplier, or distributor charges a restocking fee or other fee, that cost may be passed through to the Customer where permitted by law.
Quality Fireplace Solutions is not responsible for damage caused by pre-existing conditions, concealed defects, improper prior installation, work performed by others, structural movement, water intrusion, pests, weather, or other conditions outside Quality Fireplace Solutions’ reasonable control.
To the maximum extent permitted by applicable law, Quality Fireplace Solutions will not be liable for indirect, incidental, special, consequential, or punitive damages arising from the Work, except to the extent such limitation is prohibited by law.
Nothing in these Terms is intended to waive liability that cannot legally be waived or limited.
The Customer represents that they have authority to authorize the Work at the property.
The Customer is responsible for notifying Quality Fireplace Solutions of valuable, fragile, historic, or otherwise sensitive property located near the work area.
Quality Fireplace Solutions may take photographs of the work area, equipment, installation, defects, and completed Work for purposes of documentation, warranty records, safety, estimating, and project records.
Photographs will not intentionally include private information unrelated to the Work.
Any use of project photographs for advertising or promotional purposes will be subject to Quality Fireplace Solutions’ applicable privacy and consent practices.
Quality Fireplace Solutions will only use qualified employees, independent contractors, subcontractors, or specialty trades when reasonably necessary to complete the Work.
Quality Fireplace Solutions remains responsible for the portions of the Work it has agreed to provide, subject to these Terms and applicable law.
Quality Fireplace Solutions may stop Work when:
Work may resume when the applicable issue has been reasonably resolved.
The Customer agrees to first contact Quality Fireplace Solutions and provide a reasonable opportunity to investigate and attempt to resolve any dispute concerning the Work.
Before filing a legal claim, the parties agree, where permitted by applicable law, to make a good-faith effort to resolve the matter informally.
Nothing in these Terms eliminates any rights or remedies that cannot legally be waived.
These Terms will be governed by the laws of the state in which the Work is performed, unless applicable law requires otherwise.
Any dispute will be subject to the jurisdiction and venue permitted by applicable law.
The applicable proposal, estimate, invoice, work authorization, these Terms, and any written change orders constitute the agreement between Quality Fireplace Solutions and the Customer concerning the Work.
If there is a conflict between documents, the more specific written provision applicable to the particular Work will control, unless otherwise stated.
Any modification to the agreement should be documented in writing.
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
Failure by Quality Fireplace Solutions to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision or any other provision later.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.