Terms and Conditions for Mechanical and Roofing Service / Maintenance

These Customer Terms and Conditions for Mechanical HVAC/Plumbing and Roofing Service / Maintenance (v.1.0.0) apply to all service/maintenance proposals (including without limitation, proposals for service, maintenance, inspection, repair and similar work) issued by The Jamar Company d/b/a Bartingale Mechanical and dated on or after March 2, 2026, and to all work performed on or after March 2, 2026, unless Jamar d/b/a Bartingale Mechanical and Customer have executed a sperate written agreement signed by both parties that expressly replaces these Terms and Conditions.

1. The Terms and Conditions herein shall supplement The Jamar Company service/maintenance proposals (including Industrial Contractors, Inc. (ICI), Bartingale Mechanical) together with all documents incorporated by reference and shall contain the entire agreement and shall become a valid contract after acceptance by CUSTOMER, OWNER, MANAGER, OR OCCUPANT (hereinafter referred to as “Customer”). Authorization and/or performance of the work shall be evidence of acceptance of the Terms and Conditions and shall be considered a contract. By allowing The Jamar Company Inc. (“Company”) including Industrial Contractors, Inc. (ICI), Bartingale Mechanical, to begin work, Customer representative certifies that they are duly authorized to bind the Customer to agree to these Terms and Conditions. Unless specifically agreed to in writing by authorized personnel of “Company” no additional or different terms and conditions shall be accepted or incorporated by reference to the contract including but not limited to Customer’s, purchase orders, contracts, or related terms and conditions. If any provision hereof shall be invalid, the remaining provisions shall survive and be enforceable against the parties. The laws of the state where the work is performed shall govern. This contract supersedes all prior agreements.
2. Customer shall permit and provide the Company’s Authorized personnel free and timely access to areas and equipment and allow Company to start and stop the equipment as necessary to perform the required services/maintenance work. All planned work under these Terms and Conditions will be performed during the Company’s normal working hours Monday through Friday, excluding holidays unless agreed to otherwise.
3. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder unless a tax-exempt certificate is provided prior to the work being performed.
4. Customer will pay invoices upon receipt. Should a payment become thirty (30) days or more delinquent, Company may stop all work being performed under these Terms and Conditions without notice at which time the entire amount owed shall become due and payable immediately upon demand. All invoices not paid in 30 days will be charged 1‐1/2% interest per month on the unpaid balance as well as any fees incurred resulting from collection efforts. A 3.5% surcharge is added to all credit card payments to cover the cost of processing the transaction. This surcharge is not greater than our total cost of accepting credit card payments. There is no surcharge for debit card payments.
5. Due to the current market and the unexpected changes in material and equipment pricing, suppliers/vendors will not guarantee their prices; therefore, prices are subject to change from the date of the proposal. If the price of material or equipment significantly increases more than 3%, through no fault of Company, the price shall be adjusted by the amount necessary to cover the increase, which may include but not be limited to new or increased duties, trade restrictions, Executive Orders or other government imposed fees (“Tariffs”) that are enacted, modified or applied in any matter that affects the cost of materials necessary for the work.
6. Any approved work performed outside the scope of this contract will be performed in accordance with these Terms and Conditions subject to mutual agreement of scope of work at the prevailing rates or separate quote.
7. In the event Company must commence legal action in order to recover any amount payable under this contract, Customer shall pay Company all court costs and attorney’s fees incurred by Company.
8. Company shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Company’s employees, lockouts, civil or military authority, priority regulations, insurrection or riot, government regulations or shutdowns, pandemic or endemic, action of the elements, forces of nature including weather delays, Acts of God or by any cause beyond its control. Any loss or damage from any cause, not by the fault of the Company, to the materials onsite or work in place shall be borne by the Customer. For any weather delays in the performance of Company’s outside scopes of services, Company’s schedule shall be extended for each day of a delay (at normal work hours).
9. Neither party shall be liable for any special, indirect, incidental, consequential, or liquidated, penal or any economic damages or any character, including but not limited to loss of use of Customer’s, property, loss of profits or loss of production, whether claimed by owner, manager, or occupant, or any third party, irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, tort, strict liability or otherwise.
10. Customer shall provide a safe work environment and provide notice of all known hazards related to the scope of work and shall promptly notify Company of any conditions that may impact the scope of the work. Customer shall make available to Company’s personnel all pertinent Safety Data Sheets (SDS) pursuant to OSHA’S Hazard Communication Standard Regulations.
11. Company’s obligation under this Agreement, and any subsequent contract does not include the identification, abatement, or removal of any asbestos or other hazardous substances. If such materials are encountered, the Company’s sole responsibility shall be to notify the Owner of their presence. The Company may suspend its work until such materials and any associated hazards have been safely removed. Any resulting delay shall extend the time for completion accordingly.
12. The work will be performed based on the applicable union labor agreements.
13. Company shall procure and maintain, at its own expense, the following insurance coverages and limits set forth under this Agreement with coverages to the extent caused by the Company’s negligent acts, errors or omissions in the performance of the Work; Workers Compensation Employer’s Liability, including “Stop Gap”, $1,000,000 each accident, Commercial General Liability $2,000,000 each occurrence, $4,000,000 products/completed operations, $4,000,000 general aggregate (per project); Commercial Automobile Liability bodily injury and property damage combined single limit $2,000,000. A certificate of insurance will be provided upon request. If insurance coverage is required above the levels listed above, they can be provided with additional premium costs paid for by the Customer with a change to the Contract. Customer shall be named as an additional insured under Company’s Commercial General Liability insurance policy, solely to the extent provided under endorsements MAN001 and MAN002, and only with respect to liability arising out of Company’s performance of the Work under this Agreement. This additional insured status shall not expand or modify coverage beyond the express terms, limitations, and conditions of MAN001 and MAN002 or the underlying policy.

14. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT COMPANY, SUBSIDIARIES AND AFFILIATES, (HEREINUNDER REFERRED TO AS “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, INJURIES OR LIABILITIES, OF ANY KIND INCLUDING ATTORNEY’S FEES, (HEREINAFTER REFERRED TO AS “DAMAGES”) RESULTING FROM OR IN ANY MANNER RELATED TO OR CONNECTED WITH THE WORK PERFORMED BY THE COMPANY UNDER THIS CONTRACT (WHETHER ARISING DURING OR FOLLOWING THE PERFORMANCE OF THE WORK), AND ALL ACTIVITIES RELATED THERETO, OR OCCURRING OR RESULTING FROM THE USE BY THE CUSTOMER OR ITS AGENTS OR EMPLOYEES OF MATERIALS, EQUIPMENT, INSTRUMENTALITIES OR OTHER PROPERTY, WHETHER THE SAME BE OWNED BY THE CUSTOMER, THE COMPANY OR THIRD PARTIES FURTHER AND NOTWITHSTANDING THE PRECEDING SENTENCE, COMPANY SHALL BE HELD HARMLESS AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES RELATED TO MOLD OR THE CREATION OF MOLD AT CUSTOMER'S LOCATION(S) AND SHALL HAVE NO OBLIGATION TO TREAT, IDENTIFY OR REMOVE SUCH MOLD. CUSTOMER SHALL INDEMNIFY COMPANY FOR COMPANY’S LEGAL FEES, COSTS AND DISBURSEMENTS PAID OR INCURRED TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH.

    CUSTOMER AGREES THAT THE LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANY, SUBSIDIARIES, AFFILIATES, CONSULTANTS, SUBCONTRACTORS AND VENDORS TO CUSTOMERS AND OR OTHER OCCUPANTS OR VISITORS OF THE PROPERTY, ARISING OUT OF THE COMPANY’S NEGLIGENT ACTS OR OMISSIONS, SHALL BE LIMITED TO THE LESSER OF $10,000.00 OR THE AMOUNT OF THE CONTRACT/ PRICE OF WORK PERFORMED BY THE COMPANY. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL JUDGMENTS, CLAIMS, LIABILITY, COSTS, EXPENSES, LEGAL FEES AND ALL DAMAGES OR LOSSES OF ANY NATURE, SUSTAINED BY CUSTOMER, COMPANY OR SUBCONTRACTOR, OR ANY OTHER PARTY CLAIMING BY OR THROUGH THEM. THIS LIMITATION DOES NOT APPLY TO CLAIMS OF INTENTIONAL, WILLFUL OR WANTON ACTS.

    IT IS UNDERSTOOD AND AGREED BY THE CUSTOMER THAT THE COMPANY IS NOT AN INSURER AND THAT INSURANCE COVERAGE SHALL BE OBTAINED BY THE CUSTOMER AND THAT THE AMOUNTS PAYABLE TO THE COMPANY HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES TO BE RENDERED AND ARE UNRELATED TO THE VALUE OF THE CUSTOMER’S PROPERTY AND THE PROPERTY OF OTHERS LOCATED ON THE PREMISES. THE CUSTOMER AGREES TO LOOK EXCLUSIVELY TO THE CUSTOMER’S INSURANCE TO RECOVER FOR INJURY OR DAMAGE IN THE EVENT OF ANY LOSS OR INJURY AND THE CUSTOMER RELEASES AND WAIVES ALL RIGHT OF RECOVERY AGAINST COMPANY ARISING BY WAY OF SUBROGATION.

15. The Customer acknowledges they have read and reviewed these Terms and Conditions online in their entirety, understood them and agreed to their contents under the signed proposal before the work begins. Further, the person executing these Terms and Conditions represents they have the full authority of the Customer to bind the Customer to these Terms and Conditions.

16. Mechanical HVAC/Plumbing Service/Maintenance Warranty and Roofing Service/Maintenance Warranty.

    Mechanical HVAC/Plumbing Service/Maintenance Warranty:

    Company provides a ninety (90) day warranty on workmanship, beginning from the date of completion of the work, unless otherwise specified in Company’s proposal. Only new parts are used for replacement, and any applicable manufacturer’s warranties will be passed through to the Customer. Labor and other costs associated with the replacement of warranty parts outside of the aforementioned warranty period are not covered by the manufacturer’s warranty and will be invoiced separately at Company’s prevailing rates or on a separately quoted basis. Emergency repair services are expressly excluded from warranty coverage under these Service and Maintenance Terms and Conditions.

    Roofing Service/Maintenance Warranty:

    Company provides a ninety (90) day warranty on workmanship, commencing from the date of completion of the work, unless otherwise specified in Company’s proposal. Labor and other costs not covered by any applicable manufacturer’s warranty will be invoiced separately at Company’s prevailing rates or as otherwise quoted. Emergency repair services are expressly excluded from warranty coverage under these Service and Maintenance Terms and Conditions.

    Company’s warranties do not cover repairs made or attempted by others, damage caused by other or improper operation, insufficient maintenance or normal wear and tear, or normal usage.

    EXCEPT AS EXPRESSLY STATED ABOVE, THE COMPANY MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES TO ALL ROOFING AND MECHANICAL SERVICE/MAINTENANCE WARRANTIES PROVIDED BY THE COMPANY.

17. This contract may not be assigned by Customer without the written consent of Company.
18. As the Company is not a Disadvantaged Business Enterprise, no DBE, MWBE or other minority program participation goals or requirements are included or inferred unless specifically stated in the proposal.
19. Any legal action against the Company shall be commenced within (90) days from the date of the work or be deemed waived by Customer.
20. If Customer wishes Company to make any additional repairs, alterations, or replacements as a result of the work performed, Company will do so for additional compensation to be agreed upon by the parties. Company is responsible for the new work only.
21. Except as provided within Company’s proposal, Company does not guarantee or warranty any other existing equipment or system(s) of Customer’s, including suitability, performance, compliance with all applicable codes. Company will not be required to move, replace, or alter any part of the building structure in the performance of this work except as provided within the proposal.
22. Company expressly disclaims any and all responsibility and liability for the indoor air quality of the Customer’s facility, including without limitation injury or illness to occupants of the facility or third parties, arising out of or in connection with the Company’s work under the contract. [“MECHANICAL ONLY”]
23. Any testing required of the old or existing systems will be done at an additional charge unless otherwise specified [“MECHANICAL ONLY”].
24. This contract does not include responsibility for design of the system, obsolescence, safety test, removal and reinstallation of valve bodies and dampers, repair or replacement necessitated by freezing weather, electrical power failure, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s), negligence of others (including Customer), failure of Customer to properly operate the system(s), requirements of governmental, regulatory or insurance agencies, or other causes beyond the control of Company. [“MECHANICAL ONLY”]
25. The annual contract price is conditioned upon the system(s) covered being in a maintainable condition. If the initial inspection or seasonal start-up indicates repairs are required, a quotation will be submitted for Customer’s approval. Should Customer not authorize the repairs, Company may remove the unacceptable system(s), component(s), or part(s), from its scope of responsibility and adjust the annual contract price accordingly or cancel this contract. [“MECHANICAL ONLY”]

The Jamar Company is an equal opportunity employer and federal contractor or subcontractor. Consequently, the parties agree that, as applicable, they will abide by the requirements 41 CFR 60-300.5(a) and 41 CFR 60-741.5(a) and that these laws are incorporated herein by reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities. These regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment and otherwise treat qualified individuals without discrimination based on their status as protected veteran or individual with a disability. The parties also agree that, as applicable, they will abide by the requirements of Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A), relating to the notice of employee rights under federal labor laws.