Cooley Mechanical LLC – Terms & Conditions

Version 2026.08.04 | Effective August 4, 2026

These Terms form part of the customer agreement only when they are provided to, linked for, or incorporated into an estimate, proposal, work authorization, maintenance agreement, change order, or other agreement accepted before or when Work is authorized.

1. Scope and Application

These Terms & Conditions (“Terms”) apply when they are provided to, linked for, or incorporated into an estimate, proposal, work authorization, maintenance agreement, change order, or other agreement accepted by the Customer before or when Work is authorized. They govern residential and commercial heating, ventilation, air-conditioning, refrigeration, indoor-air-quality, water-heating, gas-piping, ventilation, control, maintenance, diagnostic, repair, replacement, and related services performed by Cooley Mechanical LLC (the “Company”).

These Terms do not eliminate or restrict any right or remedy that cannot lawfully be waived. If a separate disclosure, cancellation notice, financing agreement, manufacturer warranty, permit requirement, or other document is required by law, that document remains effective according to its own terms.

2. Definitions

• Agreement means the accepted Estimate or Proposal, approved Change Orders, applicable work authorizations, separate written warranty or maintenance-plan terms, the invoice as a record of authorized Work and charges, and these Terms.
• Business Day means a day other than Saturday, Sunday, or a Michigan legal holiday.
• Change Order means a written or electronic modification to the scope, price, materials, equipment, schedule, or other terms of the Work that is authorized by the Customer and accepted by the Company.
• Company means Cooley Mechanical LLC and its authorized employees, technicians, subcontractors, and representatives, as the context requires.
• Customer means the person or entity requesting or authorizing the Work, including an owner, tenant, property manager, contractor, business, or Authorized Representative.
• Authorized Representative means a person who represents that he or she has authority to approve Work and charges for the Customer or Property Owner.
• Diagnostic means professional time and testing used to evaluate conditions observable or reasonably testable at the time of service. A Diagnostic is not a guarantee that every present, hidden, intermittent, or future defect will be identified.
• Emergency Service means Work the Customer requests without delay to address an actual or reasonably perceived threat to health, safety, property, refrigeration, essential equipment, or building operation.
• Estimate or Proposal means the Company’s written or electronic description of proposed Work, pricing, assumptions, allowances, exclusions, and payment terms.
• Equipment and Materials mean products, parts, refrigerant, controls, supplies, and components furnished or handled in connection with the Work.
• Manufacturer means the entity that made, branded, or warranted Equipment or Materials and is separate from the Company unless expressly stated otherwise.
• Property means the site, building, equipment, and surrounding area where Work is requested or performed.
• Substantial Completion means the stage at which the installed or repaired system can be used for its intended purpose, even though minor punch-list, inspection, documentation, or warranty items may remain.
• Work means the labor, services, Equipment, and Materials specifically described in the accepted Agreement.

3. Customer Authority and Accurate Information

The Customer represents that the Customer owns the Property or has authority from the Property Owner to request the Work, grant access, approve charges, and make decisions affecting the Property. The Company may reasonably rely on that representation unless told otherwise in writing.

The Customer must provide accurate contact, ownership, billing, equipment, access, hazard, rebate, insurance, and project information. The Customer is responsible for costs or delays reasonably caused by inaccurate, incomplete, or withheld information, but only to the extent those costs are disclosed and authorized as required by the Agreement and applicable law.

4. Entire Agreement and Controlling Documents

The Agreement contains the complete understanding concerning the Work and replaces prior discussions, advertisements, or statements concerning that Work. No oral promise, representation, or warranty modifies the Agreement unless the Company confirms it in writing or electronic form.

If documents conflict, the more specific and later mutually authorized document controls. Unless that rule resolves the conflict differently, the order of priority is: (1) an approved Change Order; (2) the accepted Estimate or Proposal; (3) separate written warranty or maintenance-plan terms; (4) a work authorization or work order; (5) these Terms; and (6) the invoice as a record of authorized Work, payments, credits, and balances. An invoice alone does not retroactively add material terms that were not part of the Agreement when the Work was authorized.

5. Electronic Transactions and Authorization

The parties agree that electronic records and signatures may be used. An approval, signature, initial, checkbox, email, text message, customer-portal action, or other electronic act attributable to a party may evidence that party’s authorization to the extent permitted by law.

A Customer may orally request immediate diagnostic or repair Work. The Company may document that request in its job record and seek written or electronic confirmation. Oral authorization does not create a warranty, discount, financing term, or scope beyond what the parties actually agreed.

6. Estimates, Diagnostics, and Recommendations

An Estimate is based on information reasonably available when it is prepared. Unless the Estimate states otherwise, it is not a fixed-price promise for concealed, inaccessible, undocumented, or materially different conditions. An Estimate is valid for the period stated in it and may be withdrawn before acceptance.

Diagnostic fees compensate the Company for professional time, travel, testing, analysis, and documentation and are due whether or not the Customer approves a recommended repair or replacement. Testing reflects conditions present and reasonably observable at the time. Intermittent failures, concealed defects, and multiple simultaneous problems may require additional diagnostic time.

Recommendations are professional opinions based on available evidence. Repairing one condition does not guarantee that unrelated, concealed, intermittent, or later-developing conditions will not affect the system.

7. Scope of Work and Change Orders

The Company is responsible only for Work expressly included in the accepted Agreement. Work not listed is excluded, including restoration, painting, drywall, carpentry, roofing, masonry, landscaping, electrical-service upgrades, plumbing beyond identified connections, hazardous-material remediation, engineering, or code correction outside the stated scope unless expressly included.

If concealed conditions, code requirements, access limitations, failed related components, customer requests, or other material changes affect the Work, the Company may pause and propose a Change Order. Additional Work will not be performed or charged without Customer authorization except for reasonable temporary measures requested by the Customer or immediately necessary to prevent imminent injury or material property damage, when permitted by law.

A Change Order may adjust price, schedule, equipment, materials, and completion expectations. Refusal of a necessary Change Order may require the Company to suspend or terminate the affected Work and invoice for authorized Work performed, committed materials, and lawful demobilization or restocking costs.

8. Pricing, Deposits, Taxes, and Material Changes

Pricing, deposits, progress payments, allowances, and payment schedules are stated in the Estimate or Proposal. Taxes, permit fees, inspection fees, freight, disposal charges, and government-imposed costs are included only when the Agreement says they are included.

Deposits may be used for scheduling, mobilization, special-order Equipment, Materials, permits, and project preparation. Deposit handling, cancellation charges, refunds, and retainage remain subject to the Agreement and applicable law.

If the Customer delays a project beyond the Estimate’s validity period, materially changes the schedule, or requests later performance, the Company may issue revised pricing to reflect supplier, freight, tax, permit, labor, or manufacturer changes. No revised price applies without the authorization required by the Agreement.

9. Rebates, Tax Credits, Financing, and Conditional Discounts

Manufacturer, utility, government, tax-credit, financing, and rebate programs are controlled by third parties and may change, expire, be delayed, or require Customer eligibility and documentation. The Company may assist with paperwork but does not guarantee approval, payment, tax treatment, financing, or program availability unless expressly guaranteed in writing.

The Customer must timely provide accurate documents, signatures, account information, and access reasonably required for an application or inspection. The Customer remains responsible for amounts the Agreement identifies as payable if a rebate, credit, or financing benefit is denied because of Customer ineligibility, inaccurate information, missing documentation, failure to cooperate, or failure to satisfy disclosed program requirements.

A promotional, courtesy, membership, bundled, cash, or preferred-customer discount is conditional only when the accepted Estimate clearly identifies the standard price, the discount, and the conditions for keeping it. If those disclosed conditions are not met, the Company may reinstate the disclosed standard price to the extent permitted by law. A discount will not be retroactively withdrawn on a basis that was not disclosed before authorization.

10. Payment Terms

Payment is due according to the accepted Agreement and invoice. Unless a written payment schedule states otherwise, diagnostic and repair Work is due when performed, and installation Work is due upon Substantial Completion. Minor punch-list, inspection, registration, or documentation items do not permit withholding amounts unrelated to the reasonable value of those items.

The Customer must promptly identify any specific invoice question so the Company has a reasonable opportunity to investigate. The Customer must timely pay all undisputed amounts.

The Company may suspend scheduling, Work, or non-emergency service while an undisputed balance is past due. Any late charge or interest applies only if stated in the accepted Agreement and permitted by law. The Customer is responsible for reasonable actual costs caused by a dishonored payment and for reasonable collection costs, court costs, and attorney fees only when agreed in writing and recoverable under applicable law.

The Customer is encouraged to contact the Company before initiating a payment dispute or chargeback so the parties can attempt a prompt resolution. A chargeback does not by itself determine whether the underlying debt is valid, and nothing in these Terms restricts a nonwaivable payment-card or consumer-protection right.

11. Construction-Lien and Other Collection Rights

The Company reserves all construction-lien, bond, contract, collection, and other payment rights available under Michigan law. The Company may provide, request, record, or serve notices, sworn statements, claims, waivers, and releases as permitted or required by law.

Nothing in these Terms is an advance waiver of construction-lien rights, creates a lien without statutory compliance, or replaces a notice, sworn statement, recording, service requirement, deadline, or court filing required by law.

12. Scheduling, Access, and Customer Responsibilities

Dates and arrival windows are good-faith estimates unless the Agreement expressly guarantees a date. The Customer must provide safe and timely access to the Property and Equipment, functioning utilities, reasonable parking and work space, and access for inspections, startup, warranty, and completion activities.

• Secure pets and keep children, occupants, customers, tenants, and other workers away from the work area.
• Remove or protect valuables, fragile items, stored property, electronics, furniture, and finishes near the work area.
• Disclose known hazards, contamination, leaks, structural concerns, access restrictions, security systems, private utilities, and prior repairs or modifications.
• Maintain required utilities and authorize reasonable temporary interruption of gas, electricity, water, heating, cooling, ventilation, refrigeration, controls, or communications during the Work.
• Provide lawful authority and reasonable access for permit and code officials, manufacturers, utilities, financing inspectors, and warranty representatives when applicable.
• Obtain owner, landlord, condominium, or homeowners-association approval unless the Agreement expressly assigns that responsibility to the Company.

13. Existing, Hidden, and Related Conditions

The Company is not responsible for conditions that existed before its Work or that are outside the agreed scope, except to the extent the Company expressly agrees to correct them or causes separate damage through its own failure to exercise reasonable care.

Existing or concealed conditions may include prior contractor workmanship; code violations; improper design, installation, sizing, charging, wiring, controls, gas piping, venting, combustion air, drainage, ductwork, zoning, insulation, building-envelope leakage, structural defects, corrosion, contamination, pests, water damage, mold, asbestos, inaccessible piping or wiring, buried utilities, or equipment near the end of its useful life.

Repairing, replacing, or maintaining one component does not make the Company responsible for unrelated components or building systems. Existing duct restrictions, high static pressure, poor distribution, inadequate returns, building leakage, insulation defects, solar gain, humidity loads, electrical limitations, water quality, drainage, or other site conditions may limit comfort, capacity, efficiency, noise, humidity control, or equipment life unless correction is included in the scope.

14. Openings, Finish Work, and Property Protection

HVAC and refrigeration Work may require reasonable drilling, cutting, fastening, access openings, equipment movement, and routing through or near walls, ceilings, roofs, floors, cabinets, landscaping, and finishes. The Company will use reasonable care but is not responsible for unavoidable minor disturbance or for concealed conditions that could not reasonably be identified beforehand.

Patching, painting, finish carpentry, masonry, roofing, waterproofing, landscaping, floor repair, and cosmetic restoration are excluded unless expressly included. The Customer must identify concealed utilities or sensitive finishes not reasonably visible to the Company.

15. Safety, Hazardous Conditions, and Unsafe Equipment

The Company may stop, decline, or limit Work when it reasonably believes conditions threaten health, safety, property, legal compliance, or its personnel. Examples include suspected carbon monoxide, gas leaks, unsafe combustion or venting, electrical hazards, fire risk, structural instability, sewage, biological hazards, illegal wiring, uncontrolled water, threatening conduct, unsecured animals, or unsafe access.

The Company may recommend that unsafe Equipment remain off, notify the Customer or Property Owner, and take actions required by law or an authority having jurisdiction. Any temporary shutdown, red-tag condition, or refusal to restart unsafe Equipment is not a guarantee that all hazards have been found or corrected.

16. Mold, Asbestos, and Other Hazardous Materials

Unless expressly stated, the Company is not retained to inspect for, test, remove, transport, remediate, or certify asbestos, mold, lead, sewage, biological contamination, or other hazardous substances. Suspected hazardous material may require testing or work by a qualified third party before the Company continues.

Delays and reasonable costs caused by undisclosed or concealed hazardous conditions may require a Change Order. Nothing in this section excuses the Company from responsibility for hazardous conditions directly caused by its own Work.

17. Permits, Codes, and Inspections

The Company will obtain permits only when the Agreement assigns that responsibility to the Company. Permit and inspection decisions are controlled by the authority having jurisdiction. Corrections required because of preexisting conditions, code changes, concealed work, another contractor’s work, or requirements outside the original scope may require a Change Order.

The Customer must provide access for required inspections and must not conceal, alter, energize, operate contrary to instructions, or interfere with Work awaiting inspection. A permit or passed inspection does not expand the Company’s warranty or establish that unrelated existing systems comply with code.

18. Equipment Selection, Availability, and Substitution

Equipment selection is based on the agreed scope, available measurements, published manufacturer data, reasonable design assumptions, existing infrastructure, and information supplied by the Customer. Unless expressly guaranteed, estimates of utility savings, operating cost, sound, humidity, comfort, or energy performance are projections rather than promises.

If specified Equipment or Materials become unavailable, delayed, discontinued, or materially changed, the Company may propose a reasonably comparable substitute. A substitution affecting brand, model, capacity, efficiency, warranty, appearance, or price requires Customer approval before installation.

The Company may use qualified, properly licensed subcontractors when appropriate and remains responsible for managing the portion of Work it has agreed to provide.

19. Installation, Startup, and Substantial Completion

The Company will perform the Work in a professional manner consistent with the accepted scope and applicable requirements. Startup, testing, balancing, commissioning, demonstrations, or documentation are included only to the extent described in the Agreement or reasonably required for the installed Equipment.

The Customer must identify observable concerns within a reasonable time after discovery and allow the Company a reasonable opportunity to inspect and, when responsible, correct covered Work. The Company’s completion standard is conformity with the Agreement and applicable professional requirements, not subjective satisfaction or an unwritten performance promise.

20. Customer-Supplied and Used Equipment

The Company may decline to install customer-supplied or used Equipment or Materials. If accepted, the Customer is responsible for selection, ownership, condition, completeness, compatibility, shipping damage, missing parts, approvals, and manufacturer support.

Unless expressly stated in writing, the Company provides no parts, performance, merchantability, fitness, or manufacturer warranty on customer-supplied or used items. The Company warrants only its installation labor to the extent stated in a separate written labor warranty. Additional labor caused by incompatibility, defects, missing parts, instructions, or warranty administration is chargeable when authorized.

21. Refrigerant and Environmental Compliance

The Company will handle refrigerants and regulated Equipment in accordance with applicable environmental and safety requirements. Refrigerant will not be knowingly vented or transferred in a manner prohibited by law.

Recovered refrigerant may be reused only when legally and technically appropriate. Contaminated, mixed, unidentified, or otherwise unsuitable refrigerant may require recovery, disposal, recycling, or reclamation at additional disclosed cost. Refrigerant recovered from one owner’s Equipment will not be charged into another owner’s Equipment unless applicable law permits the transfer and required reclamation standards are satisfied.

22. Maintenance and Filters

Maintenance is preventive service, not a guarantee against failure. A maintenance visit includes only the tasks stated in the applicable plan, work order, or service description. Repairs, replacement parts, specialty cleaning, chemical cleaning, blower removal, drain reconstruction, duct cleaning, refrigerant, and code corrections are excluded unless expressly included.

The Customer is responsible for reasonable filter replacement, drainage, access, housekeeping, and operation between visits. Maintenance recommendations and intervals may vary based on occupancy, pets, construction dust, equipment, water quality, operating hours, and site conditions.

23. Warranties

Any Company labor warranty must be stated in the accepted Agreement or a separate written warranty and is limited to the duration, scope, exclusions, and remedy stated there. Manufacturer warranties are issued and controlled by the Manufacturer. The Company may assist with a claim but does not control Manufacturer eligibility, parts availability, shipping, processing time, labor coverage, or claim decisions.

A Company warranty does not cover ordinary wear; consumables; maintenance; filters; drain or condensate blockage; refrigerant loss from a location outside the repaired scope; Customer misuse; unauthorized alteration; third-party work; vandalism; pests; corrosive environments; water quality; utility interruption; voltage, surge, fuel, water, or pressure problems; acts of nature; building or duct deficiencies; preexisting conditions; or failure caused by lack of maintenance or operation contrary to written instructions.

The Customer may use any qualified service provider. When warranty coverage depends on maintenance or proper operation, the Company may request reasonable records showing that the claimed failure was not caused by neglect, misuse, unauthorized modification, or failure to follow applicable instructions. Nothing in these Terms requires the Customer to purchase a specific branded part or paid service from the Company merely to preserve a Manufacturer warranty where such a requirement is prohibited by law.

For a valid Company labor-warranty claim, the Company’s obligation is limited, at its option, to reperforming covered labor or correcting the covered workmanship. These Terms do not disclaim or limit implied warranties or remedies that cannot lawfully be disclaimed or limited.

24. Delays and Events Beyond Reasonable Control

The Company is not responsible for delay caused by weather, unsafe conditions, utility interruption, labor or material shortage, Manufacturer or carrier delay, permit or inspection delay, government action, fire, flood, epidemic, civil emergency, casualty, strike, transportation disruption, Customer delay, inaccessible Property, or another event beyond the Company’s reasonable control.

The Company will make reasonable efforts to communicate material delays. A delay does not excuse payment for authorized Work already performed or Materials already furnished, but the parties will reasonably adjust the schedule and any documented added cost through a Change Order when required.

25. Temporary Utility Interruption and Loss of Comfort

The Customer understands that diagnosis, repair, replacement, startup, inspection, and emergency conditions may temporarily interrupt heating, cooling, ventilation, refrigeration, gas, electricity, water, controls, drainage, or other service. The Customer is responsible for reasonable temporary arrangements for occupants, animals, temperature-sensitive property, food, medicine, processes, inventory, and business operations unless the Agreement expressly assigns that responsibility to the Company.

The Company is not responsible for loss caused solely by a disclosed and reasonably necessary interruption, except to the extent caused by the Company’s failure to exercise reasonable care or by a duty that cannot lawfully be limited.

26. Documentation, Photographs, and Privacy

The Company may create and retain job notes, measurements, diagnostic data, recordings of equipment operation, serial and model numbers, photographs, videos, signatures, communications, and before-and-after documentation reasonably related to scheduling, performance, safety, code compliance, warranty, training, quality control, insurance, permitting, collections, or legal obligations.

The Company will use reasonable care to avoid capturing unrelated personal information. Customer-identifying job documentation will not be used in public advertising without separate permission or another lawful basis. Information is handled under the Company’s Privacy Policy at https://cooleymechanical.com/privacy-policy/.

The Customer authorizes service-related calls, emails, and text messages reasonably necessary to schedule, perform, document, invoice, collect payment for, or follow up on the Work. Marketing communications, if any, remain subject to separate consent and applicable opt-out rights.

27. Right to Refuse, Suspend, or Terminate Service

The Company may refuse, suspend, or terminate service for nonpayment; fraud or material misrepresentation; unsafe or unlawful conditions; interference with the Work; refusal of necessary access; threatening, harassing, abusive, discriminatory, or sexually inappropriate conduct; intoxication affecting safety; unsecured animals; unsafe weapons-related conduct; or a material breach of the Agreement.

When reasonably possible, the Company will communicate the reason and allow an opportunity to correct a curable issue. Immediate suspension or departure is permitted when safety, unlawful conduct, or a serious threat is involved. The Customer remains responsible for authorized Work performed, noncancelable Materials, and reasonable lawful demobilization, storage, restocking, or remobilization costs.

28. Customer Delay and Abandoned Projects

A project may be treated as Customer-delayed if the Customer fails to provide access, information, selections, approvals, payment, or other required cooperation. If Customer inaction continues for 30 consecutive days after written notice, the Company may treat the project as abandoned, close the active schedule, invoice authorized Work and committed Materials, and require updated pricing and a remobilization payment before rescheduling.

Special-order or custom Equipment remains subject to supplier cancellation and restocking rules and applicable law. The Company will not impose a storage, cancellation, or restocking charge that was not disclosed or that applicable law prohibits.

29. Cancellation and Refunds

Customer cancellation is governed by the accepted Agreement and applicable law. If cancellation is permitted, the Customer may be responsible for authorized Work performed, permits obtained, nonreturnable or specially ordered Materials, supplier charges, and reasonable documented restocking or demobilization costs, subject to any statutory cancellation right.

When a transaction qualifies as a home solicitation sale or another law provides a cancellation right, the Company will provide the separate notice or form required by law. Nothing in these Terms shortens that right. If the Customer requests immediate Emergency Service and an emergency exception or waiver is legally available, the Company will use the separate dated and signed request or acknowledgment required by law.

Refund requests will be reviewed based on the Agreement, the Work performed, Equipment and Materials supplied, payment history, applicable warranties, and applicable law. No blanket no-refund statement overrides a statutory right or a written warranty remedy.

30. Customer Communication and Reviews

The Company encourages the Customer to contact it directly regarding questions, concerns, or disputes so the Company has a reasonable opportunity to investigate and respond.

Nothing in these Terms restricts the Customer’s right to provide an honest review, communicate with a government agency, seek legal advice, report suspected unlawful conduct, or exercise another legally protected right.

The Company reserves all lawful rights concerning content that is knowingly false or misleading, defamatory, threatening, harassing, abusive, unrelated to the services provided, or that improperly discloses private, confidential, trade-secret, or legally protected information.

31. Dispute Resolution and Governing Law

Before filing a non-emergency claim, each party will make a good-faith effort to describe the dispute and requested resolution and allow the other party a reasonable opportunity to respond. The parties may agree in writing to nonbinding mediation. Mediation is not mandatory unless the parties separately agree, and these Terms do not impose arbitration.

This informal process does not prevent either party from preserving a construction lien, meeting a filing or limitations deadline, pursuing a collection remedy, using small-claims court when available, seeking emergency or injunctive relief, reporting to an agency, or exercising a right that cannot lawfully be delayed.

Michigan law governs the Agreement without regard to conflict-of-law principles. Any court proceeding must be brought in a Michigan court of competent jurisdiction in a venue permitted by applicable law, including the county where the Property is located when the nature of the action requires it.

32. Allocation of Risk and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT WERE NOT REASONABLY FORESEEABLE WHEN THE WORK WAS AUTHORIZED, INCLUDING LOST PROFITS, LOST USE, BUSINESS INTERRUPTION, OR LOSS OF PRODUCT OR INVENTORY, EXCEPT WHEN A SEPARATE WRITTEN AGREEMENT EXPRESSLY ALLOCATES THAT RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S AGGREGATE LIABILITY FOR A CLAIM ARISING FROM SPECIFIC WORK WILL NOT EXCEED THE AMOUNT PAID TO THE COMPANY FOR THAT SPECIFIC WORK. THIS LIMIT DOES NOT APPLY TO THE COMPANY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, A VALID WRITTEN WARRANTY REMEDY, PERSONAL INJURY OR PROPERTY-DAMAGE LIABILITY THAT CANNOT LAWFULLY BE LIMITED, OR ANOTHER NONWAIVABLE RIGHT.

33. Limited Customer Indemnity

To the extent permitted by law, the Customer will protect and reimburse the Company from a third-party claim, loss, or reasonable expense arising from the Customer’s material misrepresentation of authority, undisclosed known hazard, unlawful instruction, misuse of Equipment, interference with the Work, or negligent or intentional act. This obligation applies only to the extent the claim was caused by the Customer and does not require the Customer to indemnify the Company for the Company’s own negligence, gross negligence, willful misconduct, or violation of law.

34. Insurance and Risk of Loss

The Customer is responsible for maintaining property, casualty, liability, equipment-breakdown, business-interruption, and other insurance appropriate for the Property and its use. The Company is not an insurer of the Property, existing Equipment, stored materials, food, medicine, inventory, animals, occupants, tenants, or business operations.

Risk of loss for Company-supplied Equipment remains allocated as stated in the Agreement and applicable law. The Customer must promptly notify the Company of any casualty, theft, vandalism, water event, utility event, or third-party damage affecting the Work.

35. Assignment, Third Parties, and No Third-Party Beneficiaries

The Customer may not assign the Agreement or transfer warranty rights except as permitted by the written warranty or with the Company’s written consent. The Company may assign payment rights or use qualified subcontractors, provided that doing so does not reduce the Company’s obligations for the agreed Work.

Unless the Agreement expressly states otherwise, it benefits only the Company and Customer and does not create rights in a tenant, purchaser, insurer, lender, Manufacturer, utility, association, subsequent owner, or other third party.

36. Severability, Waiver, and Survival

If a court finds a provision unenforceable, that provision will be enforced to the maximum lawful extent or severed, and the remaining provisions will continue in effect. A party’s delay or failure to enforce a provision on one occasion is not a waiver on another occasion.

Payment, collection, lien, documentation, warranty, limitation-of-liability, indemnity, dispute, privacy, and other provisions that by their nature continue after completion or termination will survive.

37. Changes to These Terms

The Company may revise these Terms prospectively as its services, business practices, or legal obligations change. The version presented to the Customer, identified in the accepted Estimate or work authorization, or otherwise in effect when the Customer authorizes the Work governs that transaction unless the parties later agree otherwise in writing. Revisions published after authorization do not retroactively modify that transaction.

38. Contact and Questions

Questions about these Terms, an Estimate, an invoice, warranty coverage, or the Work should be directed to Cooley Mechanical LLC at (586) 697-5389, (989) 499-1499, or info@cooleymechanical.com. Website: https://cooleymechanical.com/.