Terms & Conditions

These Terms & Conditions (“Terms”) govern the use of services provided by Black Diamond Electric & HVAC Services LLC (“Black Diamond,” “we,” “us,” or “our”). By requesting, scheduling, approving, or accepting services from us, the customer (“Customer,” “you,” or “your”) agrees to these Terms.

1. Services

Black Diamond provides electrical, HVAC, maintenance, repair, installation, and related contractor services. The specific work to be performed will be described in the applicable estimate, proposal, work order, or service agreement. Additional work requested by the Customer that is outside the original scope may require additional charges and customer approval.

2. Estimates and Quotes

Estimates and quotes are based on the information reasonably available to us at the time they are prepared. Unless specifically stated otherwise, estimates are not guaranteed final prices. Hidden, concealed, damaged, or previously unknown conditions may result in additional charges. Changes requested by the Customer may change the original price. Material, equipment, permit, subcontractor, or site conditions may affect the final cost. Quotes may expire after the period stated on the estimate. A written proposal may become binding upon approval by the Customer and acceptance by Black Diamond.

3. Customer Approval

Work may begin after the Customer provides approval by signed agreement, electronic approval, text message, email, verbal authorization where permitted, payment, deposit, or other accepted confirmation. By approving work, the Customer confirms that they have reviewed the applicable scope of work and understands the estimated or agreed charges.

4. Payments

Payment terms will be stated on the applicable estimate, invoice, proposal, or service agreement. Unless otherwise agreed in writing, payment is due upon completion of the service or as stated on the invoice. Deposits may be required for equipment, materials, special-order items, or larger projects. Outstanding balances may be subject to collection efforts and applicable fees where permitted by law. Customers are responsible for applicable taxes, permit fees, and other charges identified in the agreement.

5. Deposits and Special-Order Materials

Deposits may be required before ordering equipment or materials. Special-order equipment, custom materials, or materials purchased specifically for a Customer may be subject to manufacturer and supplier return policies. Deposits may be non-refundable to the extent that Black Diamond has incurred non-refundable costs on the Customer’s behalf. Any applicable refund will be handled according to the written agreement and applicable law.

6. Change Orders

Changes to the original scope of work may require a written or electronic change order. Change orders may include additional labor, materials, equipment, permits, subcontractor costs, or other expenses. Black Diamond will make reasonable efforts to communicate additional costs before performing significant additional work whenever reasonably possible. Emergency conditions may occasionally require immediate action to protect people or property.

7. Permits and Code Requirements

When permits are required, Black Diamond will handle permitting responsibilities that are specifically included in the approved scope of work. Customers are responsible for providing reasonable access to the property and notifying Black Diamond of known site conditions, property restrictions, homeowners’ association requirements, or other relevant requirements. All work will be performed in accordance with applicable laws, codes, regulations, and licensing requirements applicable to the work being performed.

8. Customer Responsibilities

The Customer agrees to:

• Provide safe and reasonable access to the work area.
• Provide accurate information regarding the property and existing systems.
• Obtain any required owner or landlord authorization.
• Remove personal property from areas where work will occur when reasonably necessary.
• Inform Black Diamond of known hazards or conditions that could affect the work.
• Maintain appropriate utilities and access necessary to perform the work unless otherwise agreed.

Black Diamond may delay or stop work if conditions are unsafe or prevent the work from being performed properly.

9. Existing Equipment and Conditions

Black Diamond is not responsible for pre-existing defects, code violations, improperly installed equipment, concealed conditions, deterioration, or failures unrelated to the work performed. Repairing or replacing one component of an existing system does not guarantee that other components will continue operating properly. For HVAC and electrical systems, additional problems may become apparent after troubleshooting, repair, replacement, or system operation.

10. Equipment and Manufacturer Warranties

New equipment may be covered by the manufacturer’s warranty. Manufacturer warranties are subject to the manufacturer’s terms, conditions, registration requirements, exclusions, and limitations. Black Diamond’s workmanship warranty, if any, will be stated separately in the applicable proposal, invoice, or service agreement. Unless specifically stated otherwise, manufacturer warranties do not constitute a warranty from Black Diamond.

11. Workmanship Warranty

If Black Diamond provides a workmanship warranty, the applicable warranty period and coverage will be identified in writing. The warranty may not cover:

• Customer-supplied materials
• Existing equipment or wiring
• Damage caused by misuse or neglect
• Unauthorized modifications
• Damage caused by other contractors or third parties
• Normal wear and tear
• Acts of nature
• Power surges or utility-related events
• Failure of unrelated components
• Conditions outside Black Diamond’s reasonable control

Warranty claims must be reported within the applicable warranty period.

12. Emergency and After-Hours Service

Emergency and after-hours service may be subject to different rates, minimum charges, or availability. Emergency service is intended to address urgent conditions and does not guarantee immediate restoration of service. Where immediate repair is not reasonably possible, Black Diamond may provide temporary measures or recommend additional work.

13. Subcontractors and Other Trades

For projects requiring multiple trades, Black Diamond may coordinate with qualified subcontractors, vendors, or other service providers when agreed upon with the Customer. Unless specifically stated in writing, Black Diamond does not guarantee the workmanship, warranties, schedules, or performance of independent contractors not directly employed by Black Diamond.

14. Property Damage and Access

Black Diamond will use reasonable care while performing work. Customers understand that construction, electrical, HVAC, and remodeling work may require access through walls, ceilings, floors, landscaping, or other areas. When concealed conditions or necessary access require additional work, the Customer may be responsible for associated repair or restoration costs unless otherwise agreed in writing.

15. Cancellations and Rescheduling

Customers should provide reasonable notice when canceling or rescheduling an appointment. Cancellation or rescheduling fees may apply when specifically disclosed before scheduling, particularly for emergency appointments, special-order materials, equipment deliveries, or scheduled project work.

16. SMS and Electronic Communications

By providing a phone number or email address, customers may receive communications related to their services, including scheduling, estimates, invoices, appointment reminders, project updates, and customer support. Where applicable, promotional text messages will be sent only in accordance with applicable consent requirements. For SMS communications, customers may reply STOP to unsubscribe or HELP for assistance. Message and data rates may apply. Additional information regarding privacy and SMS communications is provided in our Privacy Policy.

17. Limitation of Liability

To the extent permitted by applicable law, Black Diamond will not be responsible for indirect, incidental, special, consequential, or unforeseeable damages arising from services provided. Nothing in these Terms is intended to waive rights or protections that cannot legally be waived under applicable law.

18. Force Majeure

Black Diamond will not be responsible for delays caused by circumstances outside our reasonable control, including severe weather, natural disasters, utility interruptions, supply-chain disruptions, material shortages, labor disruptions, governmental actions, transportation delays, or other unforeseen circumstances.

19. Customer Complaints and Disputes

Customers are encouraged to contact Black Diamond promptly regarding any concern with services, workmanship, billing, or communication. We will make reasonable efforts to investigate and resolve legitimate concerns. Customers should contact 681-446-2503 or [email protected].

20. Governing Law

These Terms shall be interpreted in accordance with applicable laws of the State of West Virginia, unless applicable law requires otherwise. Any dispute will be handled in a court or other appropriate forum having lawful jurisdiction over the matter.

21. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

22. Changes to These Terms

Black Diamond may update these Terms from time to time. Updated Terms will be posted or otherwise provided to customers as appropriate. The version in effect at the time a service agreement is entered into will generally govern that transaction unless otherwise agreed in writing.

23. Entire Agreement

The applicable estimate, proposal, work order, invoice, service agreement, these Terms, and any written change orders constitute the agreement between Black Diamond and the Customer concerning the applicable services. If there is a conflict between these Terms and a specific written service agreement, the specific written service agreement will control to the extent of the conflict.

Customer Acknowledgment

By approving services, signing an estimate or proposal, authorizing work electronically, or otherwise engaging Black Diamond Electric & HVAC Services LLC for services, the Customer acknowledges that they have had an opportunity to review these Terms & Conditions and agrees to be bound by the applicable terms.

Black Diamond Electric & HVAC Services LLC
Inwood, West Virginia
681-446-2503
[email protected]