Terms and Conditions

These Terms and Conditions apply when you approve or sign an estimate, work authorization, or invoice from Gambill’s Heating & Air. They match the terms attached to those documents. Using this website is covered separately in the Terms of Service.

Questions: email service@gambillshvac.com or call (870) 569-6415.

1. Authorization and Acceptance

By approving or signing an estimate, work authorization, or invoice, the customer authorizes Gambill’s Heating & Air (“Gambill’s”) to perform the services described in the approved document. The signer represents that they own the property or are authorized to approve the work.

An accepted or signed estimate becomes a binding agreement consisting of the estimate, these Terms and Conditions, approved written changes, and any applicable separate agreement.

2. Scope of Work

The accepted estimate identifies the work, equipment, materials, and services included in the agreed price. Anything not specifically listed is excluded unless subsequently authorized in writing.

3. Changes and Additional Work

Customer-requested changes must be approved in writing and may increase the price or change the schedule.

Concealed damage, unsafe conditions, code deficiencies, inaccessible components, electrical or structural problems, hazardous materials, or failures in connected systems may require additional work.

Gambill’s will obtain customer approval before performing additional billable work unless immediate action is reasonably necessary to protect people or property.

4. Pricing and Payment

The customer agrees to pay the accepted price, applicable taxes, and subsequently approved charges.

Residential diagnostics, maintenance, and repairs are due upon completion unless otherwise stated. Payment schedules for replacements, installations, and commercial projects will be stated in the estimate or separate agreement.

Invoices and payments will be processed through Housecall Pro unless Gambill’s provides other written instructions.

5. Deposits

A deposit is required only when stated in the estimate or otherwise agreed in writing.

A required deposit must be paid before Gambill’s is obligated to order equipment or materials, reserve project dates, commit labor, obtain permits, or begin work. Deposits are applied to the final balance.

6. Cancellation

The customer may cancel an estimate before accepting or signing it without charge.

If cancellation occurs after acceptance but before Gambill’s has performed work or committed project resources, no cancellation fee will be charged.

If cancellation occurs after Gambill’s has performed work or reasonably incurred or committed project-related costs, the customer is responsible, to the extent permitted by law, for:

• Work and services performed
• Diagnostic, planning, administrative, engineering, and permit-related work
• Equipment, tools, parts, supplies, and materials purchased, ordered, allocated, or reserved
• Special-order, customized, opened, installed, or nonreturnable items
• Shipping, delivery, return, restocking, and supplier cancellation charges
• Subcontractor and third-party commitments
• Labor or project time specifically reserved that cannot reasonably be reassigned
• Other documented costs incurred in reliance on the accepted estimate

Gambill’s may apply any deposit toward these amounts. Any remaining refundable balance will be returned after applicable costs are determined.

Nothing in these Terms limits cancellation or refund rights provided by applicable law.

7. Scheduling and Delays

Dates and timelines are estimates unless expressly guaranteed in writing.

Gambill’s is not responsible for reasonable delays caused by weather, equipment availability, supplier delays, permitting, inspections, utilities, concealed conditions, emergencies, customer changes, labor disruptions, or circumstances outside its reasonable control.

8. Access and Customer Responsibilities

The customer must provide safe and timely access to the property, equipment, electrical panels, thermostats, mechanical areas, and other necessary locations.

The customer is responsible for securing pets, removing obstructions, providing working utilities, identifying privately installed utilities when relevant, maintaining a reasonably safe worksite, and disclosing known hazards or property conditions.

Delays or additional work caused by failure to provide access or a safe worksite may result in additional charges.

9. Tools, Equipment, and Materials

Gambill’s tools, diagnostic instruments, machinery, ladders, equipment, parts, supplies, and materials remain the property of Gambill’s or its suppliers until ownership is expressly transferred.

The customer may not use, move, alter, disconnect, conceal, remove, lend, tamper with, or permit unauthorized access to this property.

The customer is responsible for theft, disappearance, misuse, vandalism, destruction, or damage caused by the customer, occupants, tenants, employees, guests, invitees, other contractors, or animals under the customer’s control.

The customer will pay the reasonable repair cost or, if repair is impractical, the current replacement cost, plus documented recovery, rental, delivery, cleanup, or related expenses.

This provision does not apply to ordinary wear, damage caused by Gambill’s, or events outside the customer’s reasonable control.

10. Right to Decline, Suspend, or Terminate Work

Before accepting an estimate, Gambill’s may decline work that it cannot safely, lawfully, properly, or reasonably perform.

After acceptance, Gambill’s may suspend or terminate work for cause, including:

• Unsafe, unsanitary, threatening, abusive, discriminatory, or hostile conditions
• Dangerous animals or uncontrolled occupants
• Suspected illegal activity, fraud, or misrepresentation
• Hazardous or undisclosed site conditions
• Lack of required access, utilities, permits, or approvals
• Customer interference with the work
• Unauthorized alteration of completed or ongoing work
• Failure to approve necessary changes
• Failure to make an undisputed payment when due
• Requests that violate licensing, code, manufacturer, safety, or legal requirements
• Conditions materially different from those represented by the customer

The customer remains responsible for completed work and documented costs incurred or committed before suspension or termination. Gambill’s may charge reasonable shutdown, storage, cancellation, or remobilization costs resulting from the customer’s default.

Gambill’s will exercise this right consistently with applicable nondiscrimination laws.

11. Existing and Concealed Conditions

Gambill’s will use reasonable care but is not responsible for damage, defects, or failures caused by preexisting conditions, concealed defects, deteriorated components, improper prior work, pests, corrosion, water intrusion, power irregularities, structural defects, or systems outside the accepted scope.

12. Hazardous Materials and Environmental Conditions

Unless specifically included, Gambill’s does not inspect for, test, remove, remediate, transport, or dispose of asbestos, mold, lead, biological contaminants, contaminated water, chemicals, or other hazardous materials.

Gambill’s may stop work if suspected hazardous materials or unsafe environmental conditions are discovered. Testing, remediation, delay, and remobilization costs are the customer’s responsibility unless caused by Gambill’s.

13. Professional Standard

Gambill’s will perform its services professionally and consistently with generally accepted HVAC industry practices and applicable codes.

No energy savings, operating cost, equipment lifespan, temperature uniformity, indoor-air-quality result, or elimination of future repairs is guaranteed unless expressly stated in writing.

14. Diagnostics and Refrigerant Work

A diagnostic reflects observable conditions at the time of service. HVAC systems may have multiple or intermittent failures, and correcting one problem may reveal another.

Adding refrigerant does not guarantee that a system is leak-free or that refrigerant will remain in the system. Leak detection, leak repair, component replacement, evacuation, recovery, and additional refrigerant are separate services unless specifically included.

15. Equipment and Materials

Equipment and materials will be as described in the estimate. If a product becomes unavailable, Gambill’s may propose a reasonably equivalent substitute.

A substitution materially affecting equipment, performance, warranty, or price requires customer approval.

16. Customer-Supplied Equipment

Unless expressly agreed otherwise, Gambill’s does not warrant customer-supplied equipment, parts, or materials.

Additional costs caused by incorrect, defective, incomplete, incompatible, damaged, or noncompliant customer-supplied items are the customer’s responsibility after approval.

17. Permits, Inspections, and Code Requirements

Gambill’s will obtain permits and coordinate inspections when legally required for its scope and included in the estimate.

Permit fees, engineering, code upgrades, electrical work, structural work, utility work, and third-party services are included only when specifically listed.

18. Subcontractors and Third Parties

Gambill’s may use properly qualified employees, helpers, suppliers, or subcontractors to perform portions of the work.

Gambill’s is not responsible for delays or failures caused solely by utilities, inspectors, permitting authorities, manufacturers, suppliers, financing providers, or other parties outside its reasonable control.

19. Insurance and Licensing

Gambill’s will maintain the licenses and insurance coverage legally required for its work.

Coverage remains subject to the terms, limits, conditions, and exclusions of the applicable policies. This provision does not expand available insurance coverage.

20. Warranties

Manufacturer warranties are governed by the manufacturer’s terms, exclusions, registration requirements, transfer rules, and claim procedures.

Any Gambill’s workmanship warranty will be stated in the estimate or invoice. Unless otherwise stated, warranty service is limited to correcting the portion of Gambill’s work proven to be defective.

Warranties do not cover normal wear, maintenance, filters, drain clogs, misuse, neglect, unauthorized work, customer-supplied equipment, power problems, environmental conditions, corrosion, pests, flooding, fire, weather, or unrelated failures.

The customer must notify Gambill’s promptly after discovering a potential warranty issue and provide a reasonable opportunity to inspect and correct it. Work performed by another contractor before Gambill’s is given that opportunity may void the applicable workmanship warranty unless emergency conditions made prior notice impractical.

21. Service Plans and Maintenance Agreements

Comfort Club and other service plans are governed by the plan description and separate plan terms accepted when the plan is purchased.

A service plan is not insurance, an extended equipment warranty, or a guarantee that equipment will not fail. Repairs, replacement equipment, refrigerant, code corrections, and other services are excluded unless expressly included in the selected plan.

22. Discounts, Promotions, and Special Programs

Discounts apply only to eligible services and purchases identified in the applicable offer or program.

Unless expressly stated:

• Discounts have no cash value
• Discounts cannot reduce an invoice below zero
• Discounts do not apply retroactively
• Promotional discounts may not be combined
• Discounts do not apply to taxes, permits, financing charges, subcontractor charges, or third-party costs
• Plan discounts apply only while the plan is active and paid
• Expired offers will not be honored

Eligible military, veteran, active-duty, and senior discounts may be combined with Comfort Club benefits when permitted by the published program terms. Reasonable eligibility verification may be required.

Gambill’s may correct obvious errors, discontinue future promotions, or revise future program terms. Changes will not retroactively remove a discount already documented in an accepted estimate.

23. Third-Party Financing

Financing is offered, approved, administered, and serviced by an independent third-party financing provider. Gambill’s is not a lender and does not determine approval, credit limits, interest rates, fees, repayment terms, or financing eligibility.

Financing terms are governed by the customer’s separate agreement with the financing provider. Approval or prequalification does not guarantee final funding.

Gambill’s may delay ordering, scheduling, or beginning work until financing authorization and any required customer contribution are confirmed.

If financing is declined, withdrawn, reduced, expires, or does not cover the complete project price, the customer remains responsible for arranging an acceptable payment method before work proceeds.

Change orders, upgrades, or additional work may require separate financing approval or direct payment by the customer.

A dispute with the financing provider does not eliminate payment obligations for properly authorized and completed work, subject to the customer’s rights under applicable law and the financing agreement.

24. Photographs and Job Documentation

Gambill’s may photograph or record equipment, serial numbers, existing conditions, work areas, installed components, and completed work for estimating, documentation, warranty, insurance, training, safety, and dispute-resolution purposes.

Images identifying the customer or property will not be used publicly for advertising without separate permission.

25. Past-Due Balances and Late Charges

Any undisputed balance unpaid for more than fifteen calendar days after its due date may accrue a late charge of one percent per month, or the maximum lawful rate, whichever is less.

Gambill’s may suspend scheduling, ordering, delivery, work, or nonemergency warranty service while an undisputed balance is overdue.

A returned check may result in a collection fee of up to $30, plus the actual financial-institution fee, subject to Arkansas law.

The customer may be responsible for reasonable collection expenses, filing fees, court costs, lien-related expenses, and attorney fees to the extent permitted by law.

Acceptance of partial payment does not waive the remaining balance.

26. Chargebacks and Payment Reversals

The customer agrees to contact Gambill’s promptly regarding a disputed charge.

A chargeback or payment reversal does not eliminate a valid payment obligation. If resolved in Gambill’s favor, the customer may be responsible for the unpaid balance and documented bank, processing, administrative, and collection costs permitted by law.

27. Lien Rights

Gambill’s does not waive any payment, security, bond, or lien right available under applicable law.

When required, the customer must receive the separate Arkansas Important Notice to Owner before work begins. These Terms do not replace that statutory notice.

28. Limitation of Damages

To the fullest extent permitted by law, Gambill’s is not responsible for indirect, incidental, special, exemplary, or consequential damages, including lost profits, lost use, business interruption, spoiled inventory, hotel expenses, or loss of data, unless expressly accepted in writing.

Nothing in these Terms excludes liability that cannot legally be excluded or liability caused by Gambill’s gross negligence or willful misconduct.

29. Customer Indemnification

To the extent permitted by law, the customer will be responsible for claims, damage, loss, or expense resulting from inaccurate information provided by the customer; undisclosed hazards; unsafe conditions under the customer’s control; unauthorized interference with the work; or acts of the customer, occupants, guests, animals, or other contractors.

This provision does not require the customer to indemnify Gambill’s for Gambill’s own negligence or willful misconduct.

30. Force Majeure

Neither party is liable for delay or nonperformance caused by events beyond its reasonable control, including severe weather, natural disasters, fire, epidemic, war, civil disturbance, government action, utility interruption, transportation disruption, labor shortage, or widespread supply-chain failure.

Payment remains due for work completed and costs properly incurred before the event.

31. Notice of Problem and Opportunity to Cure

Before hiring another contractor to correct alleged defective workmanship or seeking recovery for a nonemergency issue, the customer must provide Gambill’s reasonable written notice and an opportunity to inspect and correct the issue.

This provision does not prevent emergency action reasonably necessary to protect people or property.

32. Electronic Records and Signatures

The customer agrees that estimates, approvals, signatures, invoices, notices, and records may be delivered electronically. Electronic approval has the same effect as a handwritten signature to the extent permitted by law.

33. No Waiver

Failure to enforce a provision on one occasion does not waive the right to enforce it later. Acceptance of payment or continued work does not waive rights arising from a prior default.

34. Complete Agreement

The estimate, these Terms, approved written changes, applicable plan terms, and any separate signed project agreement constitute the complete agreement.

Oral statements do not modify the agreement unless confirmed in writing. If a separate signed project agreement conflicts with these Terms, the separate agreement controls.

35. Governing Law, Venue, and Severability

Arkansas law governs this agreement. Any legal proceeding will be brought in a court having proper jurisdiction and venue in Arkansas, unless applicable law requires otherwise.

If a provision is invalid or unenforceable, it will be enforced to the greatest lawful extent, and the remaining provisions will remain effective.