The following Terms and Conditions (“Agreement”) govern the services provided by Mendieta Air Conditioning Services Limited (“we,” “our,” “us”) to customers (“you,” “your”). By engaging our services, you agree to the terms outlined herein. These terms apply to all installations, service calls, and projects, unless otherwise specified in a signed contract or agreement.
1. Definitions
- “Client,” “Customer,” or “You”: Any individual or entity receiving services from Mendieta Air Conditioning Services Limited.
- “Residential Client”: A Client receiving services at a private residence for personal, family, or household use, including condominium and stacked townhouse units, regardless of whether strata approval is required for the work.
- “Commercial Client”: A Client receiving services at a commercial, industrial, strata, or multi-unit property, or otherwise engaging services for business purposes.
- “Work” or “Services”: Any HVAC-related installation, maintenance, repair, inspection, or consultation.
- “Agreement”: Any valid contract, estimate, quote, or work order between Mendieta Air Conditioning Services Limited and the customer.
- “Site”: The location where services are to be rendered.
- “External Factors”: Situations beyond the control of either party, including regulatory delays, severe weather, supply shortages, etc.
2. Approval of Estimates
All estimates must be approved prior to scheduling or initiating work. Approval may be provided via:
- A written or digital signature, or
- Verbal confirmation through one of our official, designated office phone lines, which are recorded for quality assurance and verification purposes (see Section 20).
Every approved estimate for an installation or project must identify the applicable deposit amount, payment schedule, and cancellation terms under Section 3 (Residential Installations), Section 4 (Commercial Installations and Large Projects), or Section 5 (Service Calls), as applicable.
3. Residential Installations
3.1 Deposit
A 50% deposit is required prior to initiating any work, including administrative steps such as strata documentation. Deposit structure is reviewed on a case-by-case basis depending on the payment method, including:
- Full financing (see 3.4): the deposit requirement is waived, subject to financing approval.
- Partial deposit plus approved financing (e.g., a $1,000 deposit with the balance covered by an approved financing agreement).
- Strata approval or rebate pre-approval pending (e.g., awaiting strata council approval, or pre-approval for a government/utility rebate program): an initial deposit of $1,000 is collected, with the remaining balance up to the standard 50% due once approval is obtained.
Any deposit arrangement other than the standard 50% must be confirmed in writing (signed estimate or email confirmation) before work is scheduled or materials/equipment are ordered.
3.2 Cancellation and Refund of Deposit
If a project is canceled due to External Factors (e.g., strata denial), the full deposit is refunded, less any transaction fees charged by payment processors.
If a project is canceled for any reason other than an External Factor, the customer forfeits 50% of the total deposit amount as a cancellation fee (increased from 10%). This fee covers labor already scheduled, materials ordered or reserved, permitting and administrative work performed, and lost scheduling opportunity. Where a reduced deposit was accepted under 3.1 (e.g., a partial deposit pending financing), the cancellation fee is calculated against the full 50% deposit amount that would otherwise have applied under the standard deposit structure — not merely the amount actually received.
Cancellation requests must be submitted in writing. A cancellation received less than 48 hours before the scheduled start date, or after materials/equipment have been ordered for the project, is subject to the full cancellation fee regardless of any other factor.
In no case will the cancellation fee under this section be less than $500, or Mendieta Air Conditioning Services Limited’s documented direct costs incurred to date, whichever is greater.
3.3 Final Payment
The remaining 50% is due upon substantial completion of the installation — meaning the system is installed and operational for its intended use, even if a follow-up step such as a municipal or gas inspection is still outstanding. Delays due to inspections or third parties do not affect payment terms. Additional work caused by such delays will be handled under warranty where applicable.
3.4 Financing
If financing is approved, the deposit requirement is waived and payments follow the financing agreement.
3.5 Late Payments
Overdue balances — including deposits, progress payments, and final payment — are subject to 2% monthly interest (24% APR) from the due date. See Section 14 for additional remedies available on accounts in arrears, including suspension of scheduled or future work and, where applicable, lien rights under the Builders Lien Act (British Columbia).
4. Commercial Installations and Large Projects
4.1 Deposit and Payment Terms
A 50% deposit is generally required, consistent with residential terms. For projects expected to run longer than one (1) week, a progressive (milestone-based) invoicing schedule may be arranged in place of the standard 50/50 structure. Progressive invoicing requires a signed written agreement specifying:
- A payment schedule and execution calendar tied to project milestones, and
- Applicable NET terms (see 4.2).
These custom terms, including progressive invoicing, do not apply to service calls (see Section 5).
Where a commercial project requires strata approval or rebate pre-approval before proceeding, the deposit structure described in Section 3.1 applies equally.
4.2 Credit Terms
Qualified commercial clients may be eligible for Net 30 terms, subject to approval. Net 30 or other deferred terms may be suspended for any account with a history of late payment, per Section 14.3.
4.3 Cancellation
If a commercial project or installation is canceled for reasons other than External Factors, a cancellation fee applies equal to 50% of the deposit amount or, for projects on a progressive invoicing schedule, 50% of the value of work and materials committed to date — whichever is greater. Cancellations due to External Factors are refunded on the same basis as Section 3.2, less transaction fees.
4.4 Late Payments
Late balances incur a 2% monthly interest charge (24% APR). See Section 14 for additional remedies, including stop-work rights, loss of NET terms for repeat late payers, and lien rights. Legal recovery may follow.
5. Service Calls
5.1 Residential Service Calls
Payment is due immediately upon completion of work. A 24-hour grace period is provided to allow for payment. Failure to provide payment within this period results in a 2% monthly interest charge (24% APR) on the outstanding balance.
5.2 Commercial Service Calls
Payment is due immediately upon completion of work, unless the commercial account has been pre-approved for NET terms (see 4.2). Pre-approved commercial accounts may be invoiced on Net 15 or Net 30 terms at our discretion. All other commercial service calls follow the same due-on-completion terms and 24-hour grace period as residential accounts. Accounts with a history of late payment lose eligibility for deferred/NET terms and revert to due-on-completion terms (see Section 14.3).
5.3 Cancellations
For cancellations due to External Factors, no cancellation fee applies, for either residential or commercial service calls.
For all other cancellations, a fee of 50% of the quoted service value applies, or the cost of any specialized materials/equipment ordered for the service call, whichever is greater. This includes any cancellation received less than 24 hours before the scheduled appointment.
6. Warranty and Priority Service
6.1 Standard Warranty
We provide a 1-year labor warranty unless otherwise specified in the quote. Warranties may extend up to 12 years depending on the package. This labor warranty does not apply if the equipment has been serviced, repaired, or modified by anyone other than Mendieta Air Conditioning Services Limited, has not been maintained in accordance with the manufacturer’s or our recommended maintenance schedule, or has been relocated or operated outside its normal or intended operating conditions.
6.2 Manufacturer’s Warranty
Applicable product warranties are honored under the manufacturer’s terms; manufacturer defects and coverage decisions are the manufacturer’s responsibility, not ours. Where a manufacturer’s warranty process requires us to pay for parts, labor, or shipping upfront and seek reimbursement from the manufacturer directly, we may require a deposit from the customer to cover those costs. This deposit will be refunded once the manufacturer’s warranty claim has been processed and reimbursement received.
6.3 Priority Service
Warranty-related work delayed by External Factors will be prioritized. Warranty service and support may be suspended for accounts with an overdue balance until payment is received (see Section 14.5).
7. Changes to Scope of Work
Changes to the agreed scope after project commencement must be authorized in writing. Any additional work will incur extra charges approved beforehand.
8. Access to Job Site
Failure to provide timely access (e.g., missed appointment, locked premises) may result in additional charges. No charge applies if access is restricted due to External Factors.
Parking: The customer is responsible for providing a parking space for our technicians (e.g., driveway or visitor parking). Where paid parking is required to access the Site, the cost will be billed to the customer as an additional line item; charges vary by service area (e.g., Downtown Vancouver, Coquitlam, etc.).
9. Customer Responsibilities
Mendieta Air Conditioning Services Limited is responsible for applying for and submitting the required gas, mechanical, electrical, and building permits, and for preparing and submitting documentation for strata approvals. The customer is responsible for the property meeting all other applicable code and safety requirements. If a permit inspection fails due to a pre-existing issue with the property unrelated to our installation (e.g., existing wiring or equipment not up to code), we will correct the issue as needed to pass inspection and will bill the customer an additional cost for that work.
10. Material and Supply Delays
Delays in material or equipment beyond our control will be communicated. These delays do not affect payment schedules. Rescheduling and associated costs may be required.
11. Cancellations
11.1 Residential Installations
Full refund applies for cancellations due to External Factors, less transaction fees. Otherwise, a 50% cancellation fee applies, per Section 3.2.
11.2 Commercial Installations and Large Projects
The same structure applies, per Section 4.3.
11.3 Service Calls
No fee for valid External Factor cancellations. Otherwise, a cancellation fee of 50% of the quoted service value applies, or the cost of specially ordered materials, whichever is greater — including for cancellations received less than 24 hours before the scheduled appointment. See Section 5.3.
12. Refund Policy
Refunds may be granted when services do not meet the terms outlined in the signed estimate or contract. Refunds will not be issued for dissatisfaction with work that met agreed specifications.
12.1 Government and Utility Rebates and Incentives
Eligibility for any government, utility, or manufacturer rebate or incentive program is determined solely by the administering body and is contingent on project completion. Mendieta Air Conditioning Services Limited makes no guarantee of rebate approval, amount, or timing, and is not responsible for a customer’s ineligibility for a rebate resulting from project delay, modification, or cancellation. Deposit, payment, and cancellation terms under this Agreement apply in full regardless of a customer’s anticipated or actual rebate eligibility, and a customer may not withhold payment or dispute a cancellation fee on the basis of lost or reduced rebate eligibility.
12.2 Clerical and Documentation Errors
Clerical errors may occasionally occur on an estimate or invoice (for example, listing a different but similarly-specified equipment model than the one actually sold and agreed to). Where the scope of work and core specifications agreed upon remain consistent, we reserve the right to correct such errors to reflect the equipment and terms actually agreed. Where a documentation error cannot be reasonably resolved and the project is cancelled as a result, the customer will receive a full refund of monies paid, without any cancellation fee.
13. Payment Methods
We accept cheque, EFT, e-transfer, debit card, and credit card. Credit terms for commercial clients apply if approved.
14. Late Payment, Non-Payment, and Legal Action
14.1 Interest
Overdue balances under this Agreement — including deposits, progress payments, final payments, and service call payments — accrue interest at 2% per month (24% APR) from the due date until paid in full.
14.2 Stop-Work and Future Work
Mendieta Air Conditioning Services Limited reserves the right to pause or delay any in-progress work, and to decline to schedule any future work, for any customer with an overdue balance, until the account is brought current.
14.3 Loss of Deferred Terms for Repeat Late Payers
A customer with a history of late payment (two or more late payments within a 12-month period) forfeits eligibility for NET/deferred payment terms and reduced-deposit or progressive-invoicing arrangements under Sections 3.1, 4.1, and 4.2. Future work for that customer will require payment in full upon completion, or the standard 50% deposit / balance-on-completion structure, at our discretion.
14.4 Lien Rights
For applicable projects, Mendieta Air Conditioning Services Limited reserves the right to register a lien against the property under the Builders Lien Act (British Columbia) for unpaid amounts.
14.5 Warranty Suspension
We may suspend warranty service and support (Section 6) for any account with an overdue balance until payment is received.
14.6 Legal Action
Mendieta Air Conditioning Services Limited reserves the right to pursue legal action for failure to make payments as agreed in the contract. This includes, but is not limited to, the pursuit of outstanding balances, applicable interest, legal fees, and collection costs. Unpaid invoices may also be referred to a third-party collections agency.
15. Force Majeure
Mendieta Air Conditioning Services Limited shall not be liable for failure to perform due to force majeure events such as natural disasters, labor strikes, regulatory delays, or supply chain disruptions. Timelines may be revised accordingly.
16. Dispute Resolution
Any disputes arising out of or relating to this agreement shall first be attempted to be resolved through good-faith negotiation between both parties.
If negotiation does not lead to resolution within a reasonable timeframe, the dispute shall be submitted to binding arbitration in accordance with the laws of British Columbia.
Mendieta Air Conditioning Services Limited also reserves the right to pursue legal action if arbitration is deemed inappropriate due to the nature or urgency of the dispute, especially in matters involving non-payment or breach of contract.
17. Limitation of Liability
Mendieta Air Conditioning Services Limited shall not be liable for indirect, incidental, or consequential damages. Total liability is limited to the amount paid for the specific service unless otherwise required by law.
18. Subcontracting
Mendieta Air Conditioning Services Limited reserves the right to engage qualified subcontractors or third-party professionals to carry out part or all of the services required. Subcontracting may be necessary for reasons including but not limited to scheduling efficiency, technical specialization, or geographical logistics.
All subcontractors are selected based on their professional credentials, licensing, insurance compliance, and adherence to local safety and regulatory standards.
Although subcontractors may execute specific tasks, Mendieta Air Conditioning Services Limited remains fully responsible for the quality, oversight, and delivery of the contracted services. Any concerns regarding subcontracted work must be reported directly to us, and we will manage any necessary follow-up, corrections, or warranty claims in accordance with these Terms.
19. Intellectual Property
All technical documentation, designs, or reports produced by Mendieta Air Conditioning Services Limited remain our intellectual property and may not be used or shared without prior consent.
20. Data Privacy and Call Recording
By engaging our services, you agree to our Privacy Policy, which includes:
- Call recordings for quality assurance and verification
- Use of contact details for appointment coordination and promotional updates
- Compliance with privacy laws in British Columbia and Canada
21. Termination of Services
We reserve the right to terminate the agreement if:
- Payment terms are not met
- Access is repeatedly denied
- Unsafe or illegal conditions exist
- The customer breaches contractual obligations
A final invoice will be issued and processed per refund terms in Section 12.
