John C. Flood LP
Contractor responsibilities
The company shall not be held liable in damages for delays in performance of this contract due to causes beyond its reasonable control. Workmen’s compensation and public liability insurance are provided but the company agrees to execute all necessary papers or forms to enable company to obtain payment for equipment, labor, and material which would be involved pertaining to this contract.
The company is not responsible for any landscaping, tracks made by vehicles or other equipment, unless otherwise specified. If in the course of performing this contract the company encounters rock, quicksand, or underground water, owner will be responsible for paying john c. Flood of Virginia, Inc. For additional labor costs {at its usual and customary rate) and material costs (plus markup) associated with these encounters to the extent john c. Flood of Virginia, Inc. Deems it necessary to perform additional work in order to properly fulfill its obligations pursuant hereto.
Client Responsibilities
It is agreed that in the event the customer prevents Company from commencing performance of the work, or having commenced said work, the customer refuses to permit the Company to complete the same, then and in such event, the Company shall receive from the Customer the reasonable value of labor, materials and overhead costs, but in no event below Company costs.
The Company shall not be liable for delays due to unforeseeable cause beyond the control of, and without the fault or negligence of the company, including Acts of God or the public enemy, acts of the homeowner, fires, riots, civil disturbances, floods, strikes, freight embargoes, unusually severe weather, and inability to obtain materials. Should quicksand or underground water be encountered in any excavation, which require unusual shoring or pumping methods to make the excavation workable, the extra cost will be paid for by the Customer.
The Company does not assume any responsibility for violations of building, electric, plumbing, or other municipal or government codes, ordinances, or regulations which may presently exist on the premises of the customer. Corrections of all such violations, should they exist, are excluded from this agreement and shall be the responsibility of the customer unless specifically provided herein. Customer is responsible for obtaining all necessary and required permits relating to the work to be performed pursuant hereto, unless otherwise stated in this document.
The Company is not responsible for disturbance to site soil, lawn or yard. Customer is responsible for reconditioning any disturbed areas unless specifically provided herein.
Warranty
All labor is guaranteed for 30 days except where specified from date of installation. All material is covered by a Manufacturer’s warranty. Should a defect appear, the Company will make or cause to be made such repairs or replacement at its option. To restore the affected part(s) to an acceptable level at no cost to the customer, for labor Only Should a material defect appear after the 1-year guarantee but within the manufacturer’s warranty. The Company will make or cause to be made such repairs or replacement at its option, to restore affected part(s) to an Acceptable level at no cost to customer, for material only.
No warranty on owner/customer, supplied materials, Written, expressed, or implied. Any claims relating to defective parts, material and/or equipment must be made to the manufacturer directly and not the company.
This warranty does not apply to any damage or loss resulting from lightning, fire, tornado, windstorm, flood, explosion, misuse or abuse, failure of homeowner to take immediate steps to protect the building and its contents from damage whenever conditions dictate, failure of structural walls or base materials not installed by the Company, over which furnished materials are Installed, or any condition beyond the control of the Company.
ALL WARRANTIES ARE PERSONAL TO THE OWNER AND ARE NOT TRANSFERABLE TO ANY SUBSEQUENT
OWNER OF THE PREMISES.
In order to obtain performance of any of the above warranty obligations. The customer must contact the Company in writing or by phone at the address or phone number listed on the reverse side of this page and advise the Company of the defect or problems at the earliest possible date and before warranty period expires. No work will be done under the terms of these warranties if the customer is delinquent in payments required by this contract. This warranty gives you specific legal rights and you may also have other rights which may vary from state to state including but limited to implied warranties.
Assumptions
This Agreement sets forth the entire transaction between the parties. Any and all prior agreements, warranties, oral discussions, or representation made by either party are superseded by this Agreement. Any changes made by you in the above specifications necessitating additional materials or labor shall not be covered or included but shall be provided for only after execution of a written change order signed by both parties. All materials not used in construction are the property of the Company.
Project Change Order Procedure
The following process will be followed if a change to this SOW is required:
- A Project Change Request (PCR) will be the vehicle for communicating change. The PCR must describe the change, the rationale for the change, and the effect the change will have on the project.
- The designated Project Manager of the requesting party (Contractor or Client) will review the proposed change and determine whether to submit the request to the other party.
- Both Project Managers will review the proposed change and approve it for further investigation or reject it. Contractor and Client will mutually agree upon any charges for such investigation, if any. If the investigation is authorized, the Client Project Managers will sign the PCR, which will constitute approval for the investigation charges. Contractor will invoice Client for any such charges. The investigation will determine the effect that the implementation of the PCR will have on SOW price, schedule and other terms and conditions of the Agreement.
- Upon completion of the investigation, both parties will review the impact of the proposed change and, if mutually agreed, a Change Authorization will be executed.
- A written Change Authorization and/or PCR must be signed by both parties to authorize implementation of the investigated changes.
Pricing/Estimates
- Due to volatile market conditions and regular manufacturer equipment and parts pricing increases estimates are good for only 20 days from the estimate date.
- Cost is net after any and all discounts, promotions, coupons and rebates.
1. Scope of Terms and Conditions. The Terms and Conditions of product sales and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations and the notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging John C. Flood, LLC (“Seller”) to provide product(s) or perform or produce any services, the Customer agrees to be bound by and accepts these Terms and Conditions unless the Customer and Seller have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either “Terms and Conditions” or this “agreement.” Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or engaging Seller to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Seller’s Site at the time Customer signs the Installation Proposal will govern, unless otherwise agreed in writing by Seller and Customer.
2. Payment Terms. Cancellation after three business days will result in forfeiture of deposit. Residential customers shall pay at the time services are received. Customer shall pay Seller according to the terms contained in the Installation Proposal. Final payment shall be due after the work described in the Installation Proposal is substantially completed.
3. Zoning and Permits. Customer agrees to timely furnish all information necessary to secure plans and permits for the work called for under this Agreement, and Customer warrants the work contracted for to be in compliance with applicable zoning, classification and building codes. Any costs for work not in the Estimate but required by lawful authorities to bring the work into compliance with applicable code shall be the responsibility of the Customer. Seller assumes no responsibility for violation of zoning rules/laws.
4. Change Orders. During the progress of the work under this Agreement, if Customer should order extra work not specified in the Agreement, Seller may require such extra work to be considered an agreement separate and aside from this Agreement and may require payment for said extra work in advance.
5. Work Schedule. Work shall be completed within a reasonable time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Seller’s ability to obtain materials, and/or any cause beyond Seller’s control.
6. Substitutions. Should Seller be unable to obtain any material(s) specified in the Agreement or any Change Order, Seller shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the Contract Price.
7. Excess Materials. Extra materials left over upon completion shall be deemed Seller’s property, and Seller may enter upon the Property’s premises to remove excess material(s) at all reasonable hours.
8. Supervision Responsibility. The seller shall supervise and direct the work at Customer’s Property, using reasonable skill and attention. Seller shall be solely responsible for the construction means, methods, technique, sequences, and procedures for all work performed at Customer’s Property pursuant to this Agreement. Customer shall not interfere with Seller’s work forces or Seller’s subcontractors.
9. Limited Warranty. Seller shall provide Customer with a limited warranty on service and labor for the duration set forth in the Installation Agreement, beginning on the date of completion of services against defects in the quality of workmanship and/or materials (“Warranty Period”). Seller shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures (cooling set below 70°F, for instance); (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, or expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. If Customer opts for a Warranty Period exceeding two (2) years, Customer agrees to maintain yearly service agreements with Seller for the entire duration of the Warranty Period; Seller shall not be liable for warranty repairs during the Warranty Period in the absence of such yearly service agreement(s). If the Customer sells the home, then the equipment will default to base warranty of 5 years parts and 1 year labor (assuming maintenance agreement is kept current). If the Customer fails to pay for installation in full within 30 days, then the equipment will default to base warranty of 5 years parts and 1 year labor (assuming maintenance agreement is kept current). If applicable, Customer is responsible for paying equipment manufacture for any transfer of equipment warranty. Seller is not responsible for any warranties provided by the manufacturer. Seller makes no warranty to Buyer regarding materials and/or equipment installed (other than a warranty of title), and Seller authorizes no third person or party to assume any warranty obligation or liability on Seller’s behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer that shall furnish to Buyer any and all applicable warranty documents. Seller hereby assigns to Buyer, without recourse, any applicable warranties extended to Seller. Such an assignment shall constitute Seller’s sole obligation and Buyer’s sole exclusive remedy from Seller with regard to defective materials and/or equipment installed. This limited warranty is in lieu of all other warranties, statutory or otherwise, express or implied, all representations made by Seller, and all other obligations or liabilities respective of the Services provided at the Property. Seller disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, implied warranty of habitability, implied warranty of fitness for a particular purpose or use, and/or implied warranty of merchantability. Under no circumstances shall Seller be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs or attempted repairs shall void this warranty entirely. John C. Flood will provide one post install inspection to nonmembers. Members will receive regular inspections and a discount on the installation. If a customer uses a customer supplied or existing thermostat, customer will be responsible for any calls resulting from the thermostat.
10. Design Conditions. All equipment is designed according to the Manual J. standard design temperatures for Alexandria, VA (Cooling: 75°F indoor dry bulb temperature w/ 50% indoor relative humidity at 94°F outdoor dry bulb temperature. Heating: 70°F indoor dry bulb temperature w/ 50% indoor relative humidity at 14°F outdoor dry bulb temperature). Seller is not responsible for cooling/heating beyond the Manual J. standard design temperatures, high humidity levels, system reaching dew point, ductwork sweating/producing condensate due to home infiltration rates or any other reason. R-values, structural tightness, ductwork conditions, home infiltration, leakage of ductwork, building materials and any other factor in the load calculation will be determined by the information the Customer provides to Seller upon initial consultation, Seller is not responsible for any problems incurred due to incorrect information provided by Customer at the time of consultation and load calculation. If Customer does not authorize Seller to conduct its own testing to determine load calculations, all insulation values, Seller shall size the new HVAC system based on the size of the existing HVAC system. In such case, Seller shall not be responsible for problems caused by over sizing (including without limitation short cycling, humidity control, and mold growth) or under sizing (including without limitation inability to heat or cool within the Manual J. standard design temperatures).
11. Performance or Condition of Existing Equipment. Seller is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.
12. Existing Line Set. Seller is not responsible for any problems with heating or cooling due to the existing line set, which may require repair and replacement for an additional cost to the Customer in the event Seller is unable to pull a less than 500-micton vacuum on an existing line set. Should Customer reject Seller’s recommendation to replace an existing line set, Seller’s limited warranty is voided.
13. Existing Gas Pipe. Seller is not responsible for the condition of any existing gas pipe that is not readily accessible. Customer is responsible for any additional costs incurred if pressure testing is required to identify leaks and necessary repairs.
14. Paint. Patchwork. and Repairs. Seller is not responsible for any painting, patchwork, or repair work that may be required following modification/installation work.
15. Personal Property. Seller is not responsible for damage to Customer’s personal property left in or near the project area.
16. Existing Attic Access Stairs. In the event Customer’s existing stairs cannot be safely utilized for the removal and installation of equipment, an alternate method or access may be required. Seller is not responsible for (a) the replacement or repair of attic steps or stairs that must be removed to complete removal or installation work; and/or (b) any property damage resulting from the removal of the attic steps or stairs.
17. Mold. Seller shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold. The discovery and/or removal or any mold or any hazardous materials is excluded from the scope of Seller’s work, and Seller reserves the right to stop work until such mold or hazardous materials are removed.
18. Insurance and Waiver of Subrogation. Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall inure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and Seller waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto
19. Indemnification. Customer shall indemnify, defend, and hold harmless Seller and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney’s fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof}, except to the extent caused by the sole negligence or intentional misconduct of Seller; and (b) any failure of the Customer to comply with the requirements of the Agreement.
20. Risk of Loss. Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property. Seller shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to Customer’s Property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.
21. Severability. Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.
22. Performance. If Customer fails to perform any of Customer’s obligations herein or if Seller, in good faith, believes that the prospect of payment or performance to be impaired, Seller may upon seven (7) days written notice to Customer terminate this Agreement while retaining all mechanic’s lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys’ fees, and other charges due and unpaid.
23. Collections. If amounts owing under this Agreement are not paid within thirty (30) days, Customer agrees to pay a late charge on any outstanding balance at two per cent (2%) per month or twenty-four per cent (24%) per annum on the unpaid amount calculated from the date payment was due. Customer will be deemed to have accepted Seller’s performance as complete under this Agreement unless Customer notified Seller in writing otherwise within thirty (30) days of substantial completion. Failure of payment in full after 30 days will result in legal action which includes your account being sent to an attorney or collection agency where additional collection or legal fees will be applied up to 33 and 1/3%. Customer agrees to pay Seller’s costs associated therewith including without limitation reasonable attorneys’ fees, court costs, and interest at the maximum legal rate.
24. SMS. John C. Flood LP SMS Messaging Service. You will receive appointment reminders and service updates via text message. Message and data rates may apply. Message frequency varies. Reply STOP to opt out. Reply HELP for help. Carriers are not liable for delayed or undelivered messages.
25. Entire Agreement. This Agreement constitutes the entire agreement between Customer and Seller. No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties.
Rev. 3/2025