CONTRACTOR INFORMATION
AirZen Inc, a California corporation, doing business as Right Way Air & Heating
9880 Saskatchewan Ave, San Diego, CA 92129
License #1147624 (C-20 — Warm-Air Heating, Ventilating and Air-Conditioning)
This Home Improvement Contract is entered into by and between:
Right Way Air & Heating (AirZen Inc), a licensed contractor operating in the State of California (hereinafter referred to as "Contractor"), and the individual or entity approving the Installation Proposal or engaging Contractor to perform services (hereinafter referred to as "Customer"). Contractor and Customer may collectively be referred to herein as the "Parties" and individually as a "Party."
The scope of work described above in the Estimate, including all equipment, materials, labor, and services listed therein, is incorporated herein and made part of this Home Improvement Contract.
The total amount shown in the Estimate, including applicable taxes, constitutes the full Contract Price under this Home Improvement Contract. No other sums shall be due unless agreed to in writing by the Parties through a signed change order.
Customer represents and warrants that:
These Terms and Conditions govern all product sales and service projects performed by Right Way Air & Heating (AirZen Inc). Any additional or different terms proposed by Customer are hereby rejected unless expressly agreed to in writing.
By approving an Installation Proposal, placing an order, accepting delivery of products, or engaging Right Way Air & Heating (AirZen Inc) to perform services, Customer agrees to be bound by these Terms and Conditions.
The Terms and Conditions in effect on the date Customer signs the Installation Proposal shall govern the Agreement. Subsequent revisions shall not apply to previously approved agreements unless agreed in writing.
Customer shall pay Right Way Air & Heating (AirZen Inc) in accordance with the terms set forth in the Installation Proposal.
We accept all standard forms of payment, including credit cards, debit cards, checks, and cash. However, the Company reserves the right to designate or restrict certain payment methods depending on the nature and scope of the project.
References to federal tax credits, including the Inflation Reduction Act (IRA) or 25C credits, are provided for informational purposes only. Right Way Air & Heating (AirZen Inc) does not provide tax advice, makes no guarantee of eligibility, and makes no representation regarding accuracy of AHRI listings. Customer is solely responsible for verifying eligibility with a qualified tax professional. Tax credits and incentive programs are subject to change or termination.
Participation requires income verification through State tools, pre- and post-install combustion testing (if applicable), post-install HERS testing (if required), and submission of required documentation.
Failure to complete required documentation or testing will result in forfeiture of rebate. If rebate is forfeited due to Customer non-compliance, Customer agrees to pay any remaining balance, including rebate value, to Right Way Air & Heating (AirZen Inc).
Right Way Air & Heating (AirZen Inc) is not responsible if rebates are denied, are paid in lesser amounts, or are delayed.
Customer must qualify for rebate, complete required post-install HERS testing (if applicable), enroll in Demand Response program (if required), and submit all required documentation. Failure to comply results in forfeiture of rebate and Customer assumes financial responsibility. Right Way Air & Heating (AirZen Inc) is not responsible for rebate denials, reductions, or delays.
Work shall be performed in accordance with applicable building codes in effect at time of installation. Customer is responsible for confirming zoning compliance and ensuring intended use is permitted. Additional work required by governmental authorities not included in original scope shall be treated as a Change Order.
Extra work not specified in the Agreement may be treated as a separate agreement or require advance payment.
Work shall be completed within a reasonable time. Performance is subject to labor strikes, fires, acts of war or terrorism, acts of God, weather conditions, material shortages, transportation delays, and other causes beyond Contractor control.
If specified materials are unavailable, Contractor may substitute comparable materials without affecting contract price.
Unused materials remain property of Right Way Air & Heating (AirZen Inc) and may be retrieved at reasonable times.
Right Way Air & Heating (AirZen Inc) shall supervise work using reasonable skill and care. Contractor controls means, methods, and sequencing of work. Customer shall not interfere with Contractor or subcontractors.
Right Way Air & Heating (AirZen Inc) warrants installation workmanship for the Warranty Period stated in the signed Installation Proposal. Coverage applies only to defects arising from Contractor's workmanship. Equipment and materials are covered solely by manufacturer warranties. Warranty periods beyond one year require proper annual maintenance. Customer's exclusive remedy is repair of defective workmanship. Contractor is not liable for incidental or consequential damages (see article 22). Full Warranty Terms are incorporated by reference and available at acrightway.com/warranty.
By signing and/or accepting this Agreement, Customer acknowledges that certain definitions, limitations, procedures, and general warranty provisions may be further described in the Contractor's Full Warranty Terms and Conditions, which are incorporated herein by reference.
Any extended warranty coverage, additional duration, or enhanced benefits described in such Full Warranty Terms shall apply only if expressly purchased, agreed to in writing, and separately indicated in this Agreement.
Systems are designed according to Manual J design temperatures for Southern California:
Contractor is not responsible for conditions beyond design parameters, excess humidity, dew point issues, duct sweating, infiltration rates, or incorrect load information provided by Customer. If Customer declines load testing, sizing may be based on existing system. Contractor is not responsible for oversizing or undersizing consequences.
Contractor is not responsible for performance or compatibility of existing systems not replaced. Warranty covers only newly installed components and workmanship.
Contractor is not responsible for issues related to existing line sets or wiring. If Customer refuses recommended replacement and vacuum cannot be achieved, warranty is void.
Contractor is not responsible for inaccessible or existing gas piping. Customer assumes responsibility for additional testing costs if leaks are identified.
Painting, patching, or cosmetic repairs are not included unless specified.
Contractor is not responsible for damage to personal property left in project area.
Contractor is not responsible for performance or design of existing ductwork unless replaced.
Notwithstanding anything to the contrary, Contractor's sole and exclusive obligation under this Agreement and any warranty shall be limited to the repair, re-performance, or replacement of defective workmanship, at Contractor's option.
To the fullest extent permitted by law, Contractor shall not be liable for any indirect, incidental, consequential, special, or exemplary damages of any kind, including but not limited to:
Customer agrees that Contractor must be given a reasonable opportunity to inspect and cure any alleged defect. Customer shall not perform, or permit others to perform, any corrective or remedial work, nor incur any costs, without first providing Contractor with written notice and a reasonable opportunity to inspect and remedy the issue.
Failure to provide such opportunity shall constitute a waiver of any claim for reimbursement, damages, or legal action against Contractor. Contractor is not responsible for mold-related claims. Discovery of mold or hazardous materials may result in work stoppage until properly remediated at Customer's expense.
If required, testing and remediation shall be performed at Customer expense. Failure to proceed with required remediation may result in contract cancellation with payment owed for work performed.
If hazardous conditions (mold, asbestos, etc.) are discovered, work will stop, Customer must arrange remediation, and Contractor may cancel contract if not resolved.
Manufacturer warranties are governed solely by manufacturer terms. Right Way Air & Heating (AirZen Inc) is not responsible for manufacturer warranty decisions. Warranty may be void if third parties service the system.
The contractor provides a one (1) year workmanship warranty on all work performed. Extended warranties may be offered in addition to, but not in place of, the required one (1) year workmanship warranty. After expiration, Customer is responsible for repair costs. Third-party service may void coverage. Contractor not responsible for misuse, neglect, or lack of maintenance.
Customer must notify Contractor of alleged defects within 30 days of discovery and within warranty period. Contractor shall be given opportunity to inspect and remedy. Contractor may choose to repair, re-perform, reinstall, or refund purchase price.
Customer shall maintain property insurance. Both parties waive rights for damages covered by insurance.
Customer shall indemnify and hold harmless Contractor except in cases of Contractor sole negligence or intentional misconduct.
Risk passes to Customer upon delivery to property. Customer must insure against theft, fire, or vandalism.
If any provision is unenforceable, remaining provisions remain valid.
If Customer fails to perform obligations or payment is impaired, Contractor may terminate after seven (7) days notice and retain mechanic's lien rights.
Customer acknowledges that the Estimate, the Installation Proposal, and any invoice issued by Right Way Air & Heating (AirZen Inc), including all pricing, discounts, line-item breakdowns, promotional terms, and equipment specifications contained therein (collectively, "Pricing Documents"), constitute proprietary and confidential business information of Contractor, developed at Contractor's expense and reflecting Contractor's individualized assessment of the project.
Customer shall not forward, transmit, share, reproduce, or otherwise disclose the Pricing Documents, in whole or in part, to any competing contractor, HVAC company, or other provider of similar services, including for the purpose of soliciting a competing bid, price matching, or price negotiation with a third party. Customer further shall not disclose the Pricing Documents to any other third party without Contractor's prior written consent.
Notwithstanding the foregoing, Customer may disclose the Pricing Documents: (a) to Customer's spouse, immediate family members, co-owners of the property, attorneys, accountants, tax advisors, lenders, and insurers; (b) to governmental agencies, utility providers, or rebate program administrators to the extent required to obtain permits, financing, tax credits, or rebates; (c) as required by law, subpoena, or court order; and (d) in connection with any dispute arising under this Agreement.
This Section governs the disclosure of the Pricing Documents as such; it does not restrict any statement, review, or opinion Customer is entitled to make under applicable law, including the Consumer Review Fairness Act (15 U.S.C. § 45b) and California Civil Code Section 1670.8.
This Agreement constitutes the entire agreement between parties.
You, the buyer, have the right to cancel this contract within three (3) business days.
You may cancel by mailing, emailing, or delivering a written notice of cancellation to:
Right Way Air & Heating (AirZen Inc)
9880 Saskatchewan Ave, San Diego, CA 92129
Email: info@acrightway.com
If you cancel, any payments made by you under the contract will be returned within ten (10) days following receipt of your cancellation notice.
To cancel this transaction, mail, email, or deliver a signed and dated copy of this cancellation notice, or any other written notice, to the address above not later than midnight of the third business day after the date you signed this contract.
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics' lien on your property.
A mechanics' lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped improve your property may record mechanics' liens and sue you in court to foreclose the lien.
If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien.
To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a "20-day Preliminary Notice." This notice is not a lien. It is a notice that the person sending it has the right to record a lien if not paid.
Right Way Air & Heating (AirZen Inc) carries commercial general liability insurance. You may request a certificate of insurance directly from our insurance carrier.