HVAC Terms and Conditions

These terms and conditions apply to HVAC installation, replacement, repair, and related services performed by UniColorado LLC, doing business as UniColorado Heating & Cooling. Together with your accepted estimate and any signed change orders, they form the agreement for your project. The version accepted with your estimate governs your project even if this page is later updated.

The Short Version

The full terms below are the agreement. This summary is here so you know what to expect in plain language. If anything here differs from the numbered sections, the numbered sections control.

• What we do: exactly what your estimate lists. If you want something added or changed, we put it in writing first and price it before we do it.
• Paying: installations take a 50% deposit. The balance is due when your new system is installed and running, before the city inspection. If a small punch-list item is left, we still finish it, but it does not pause the bill.
• Permits and inspections: we pull the permits our work needs. You schedule the inspection (or ask us to) within 90 days, and we fix anything the inspector flags in our work for free.
• Warranty:one year of labor on our installation work, on us. Parts are covered by the manufacturer's warranty, which we register for you. If a service visit turns out to be something we did, it costs you nothing. If it turns out to be something else, like a dirty filter, a thermostat setting, or an issue with your existing ductwork, the visit is $189 and we tell you that before we come out.
• Rebates: we file the paperwork. The programs belong to the utility and the government, so we cannot promise what they approve. We need your signatures and documents within 14 days of asking, or a rebate we already credited to your price can fall through and land back on your invoice.
• Hidden problems: if we open things up and find something we could not have seen, like a code violation or failing ductwork, fixing it is a separate, written, priced change order. You decide before we proceed.
• Your home: installing equipment sometimes requires holes and cuts. We do not patch, paint, or do cosmetic repairs unless your estimate says so.
• Canceling: the law gives you cancellation rights and those always apply. Beyond that, either of us can cancel in writing within 72 hours of signing. After that, special-ordered equipment and costs we cannot get back are yours.

1. Scope of Work

1.1 General. Subject to the terms and conditions of this Agreement, UniColorado LLC agrees to furnish the labor and equipment necessary to perform the HVAC installation, replacement, repair and/or related services for customer as specified on the estimate and described more fully in this Section 1 (the "Services") for the payment of the fees by customer set forth therein. UniColorado LLC is authorized to perform only the work expressly listed in the accepted estimate and any signed change orders. Oral statements, website content, calculator or sizing results, preliminary estimates, photographs, and communications not included in this Agreement do not change the scope, price, warranty, or promised result.

1.2 Equipment & Services Provided. UniColorado LLC will supply all necessary equipment as specified in the estimate, adhering to manufacturer's specifications and guidelines. Unless otherwise detailed in the estimate, the standard scope of equipment and services typically includes but is not limited to:

• Removal and disposal of old HVAC equipment
• Installation of new HVAC equipment specified in the estimate
• Condenser pad or heat pump pad for outdoor units
• Flushing and pressure testing of existing refrigerant lines
• Emergency overflow switch for condensate drainage where appropriate
• Thermostat installation and setup
• Run, test and adjusting systems per manufacturer specification

This list serves as a general summary and is subject to the specific requirements of the project as outlined in the estimate. Removed equipment and materials become UniColorado LLC's property for disposal or recycling unless the estimate states otherwise or customer identifies an item to retain before removal.

1.3 Customer Supplied Materials. Any customer supplied material as specified in the estimate shall be onsite and available for installation at the appropriate phases or additional charges will apply for return trips.

1.4 Delays; Return Trips; Access. Customer will provide safe and timely access to the work area, working utilities, and an adult contact when reasonably requested, and will secure children, pets, valuables, and fragile items. Additional service charges will apply for added or unscheduled return trips caused by circumstances not within UniColorado LLC's control, including without limitation unforeseen mechanical, utility or structural work, customer-supplied materials not on site, lack of access to the work area, or site conditions that prevent safe continuation of the work. Each such return trip is billed at UniColorado LLC's standard trip rate of $189 plus time and materials, disclosed here and confirmed before the trip is scheduled. If a project is postponed for reasons not caused by UniColorado LLC, payment is due for all work completed to the date of postponement, pro-rated. If customer-caused delay or suspension exceeds forty-five (45) days, UniColorado LLC may reprice unpurchased materials and remaining labor to its then-current rates. All removed parts will be removed from premises and discarded unless specified herein.

1.5 UniColorado LLC uses commercially reasonable efforts to perform installation and other services in accordance with industry standards.

1.6 Existing Systems and Structures. Unless expressly included in the estimate, the Services do not include modification, repair, or upgrading of existing ductwork, grilles, zoning, piping, venting, combustion air, drainage paths, electrical service, panels, wiring, gas lines, structural elements, insulation, or the building envelope, all of which are reused as-is. Customer acknowledges that capacity, efficiency, sound, operating cost, humidity, room-to-room temperature, and comfort depend in part on these existing systems and on characteristics of the home that are outside UniColorado LLC's control, and that new equipment can reveal pre-existing airflow, leakage, noise, or comfort problems. UniColorado LLC does not guarantee any specific utility bill, energy savings, sound level, temperature differential, or room-by-room comfort result unless written as a measurable guarantee in the accepted estimate. Failure of an existing component during normal testing does not make its repair or replacement part of the Services.

1.7 Concealed or Unforeseen Conditions. The estimate price excludes concealed, latent, unsafe, or noncompliant conditions that could not reasonably be identified without demolition or invasive testing, including without limitation code violations outside the scope of work, defective or deteriorated ductwork or wiring, undersized electrical service, refrigerant line defects, hidden utilities or piping, water damage, rot, mold, asbestos, lead, or other hazardous materials, buried obstructions, and undocumented work by others. If such a condition is discovered, UniColorado LLC will notify customer, may suspend affected work and make the site reasonably safe, and will propose a written change order pursuant to Section 7. If customer declines the change order, UniColorado LLC may complete the unaffected portions of the work and invoice for work performed and materials procured, or terminate the affected portion of this Agreement, and customer remains responsible for payment for all work performed. UniColorado LLC will not perform work that cannot be completed in compliance with applicable code, and work outside UniColorado LLC's license or trade may require customer to engage another qualified contractor.

2. Fees and Payment Terms

2.1. Fees. Customer agrees to pay UniColorado LLC the amount set forth in the estimate and any changes mutually agreed upon by the parties in writing pursuant to this Agreement.

2.2. Deposit. Upon scheduling an installation or replacement service, customer agrees to pay a deposit of at least 50% of the total amount due for the project. UniColorado LLC reserves the right to modify the deposit amount based on project-specific considerations. The amount of the deposit will be included on the estimate and is due before the commencement of any services. A deposit is generally not required for any repair or other services, however, UniColorado LLC may request a deposit at its discretion. Equipment is not reserved until required payment and scheduling conditions are satisfied.

2.3. Substantial Completion and Final Payment. (a) HVAC Installation or Replacement. A project is substantially complete when the installed or replaced HVAC systems are operational for their principal intended use and have satisfied all customary tests, even if a permit inspection, manufacturer registration, rebate processing, seasonal test deferred for weather, or a minor corrective or cosmetic item remains. Upon substantial completion, the remaining balance of the invoice is immediately due and payable prior to any applicable inspections. Customer must identify any disputed item in writing within three (3) business days after notice of substantial completion and must timely pay all undisputed amounts. Customer may withhold only a reasonable amount directly related to a good-faith disputed item, not the full balance; minor punch-list, cosmetic, or warranty items will be handled under Section 3 or Section 7 and do not delay payment. (b) Repairs and Other Services. A project is considered complete when the repair or other service has been completed by UniColorado LLC. The full amount of the invoice for the services performed is immediately due and payable upon completion prior to any applicable inspections unless other arrangements have been made prior to starting of the project in writing with an approved credit application.

2.4. Deposit Refunds and Cancellations. Any cancellation right provided by applicable law controls and is not limited by this Agreement (see Section 8). Otherwise, a deposit is generally non-refundable, except in the event: (a) customer cancels the project and terminates this Agreement in writing within 72 hours after the date this Agreement is signed by both parties, provided that the equipment for the project was not special-ordered, custom-manufactured, custom-fabricated or otherwise non-returnable, or; (b) UniColorado LLC is unable to perform the project for reasons either within or outside its control and it elects to cancel the project and terminate this Agreement, in which case the deposit will be refunded to customer.

2.5. Financing Arrangements. UniColorado LLC may, in its sole discretion, offer third-party financing options for a project. Financing is subject to the lender's separate terms and approval. Unless the estimate expressly makes financing a condition of this Agreement, a lender's delay or denial does not excuse customer's payment obligations.

2.6. Late Payment; Returned Payments; Collection Costs. Failure to make the final payment within 30 days of the date of the invoice will result in a late payment fee. UniColorado LLC may charge a late payment fee equal to 1.5% per month (18% per annum) or the highest amount allowable by law, whichever is less, of the outstanding undisputed balance for every whole or partial 30-day period the amount remains unpaid. A $35 fee applies to any returned or dishonored payment. In the event of non-payment, UniColorado LLC reserves the right to record and enforce a mechanic's lien against the property where the services have been performed, in accordance with Colorado law, and to take any and all other legal actions deemed necessary to collect any outstanding balance.

2.7. Legal Fees. In the event that legal action becomes necessary to recover any outstanding balance or late payment fees, customer will bear all costs and expenses incurred by UniColorado LLC, including, but not limited to, reasonable attorney's fees and court costs, to the extent permitted by law.

2.8. Permit Issues. Should there be permit-related issues directly related to the specific scope of work performed by UniColorado LLC under the Agreement and cited by the inspecting authority during an inspection conducted within the period described in Section 5.3, UniColorado LLC will return and resolve those permit-related issues at no additional cost to customer. Corrections necessitated by alterations made after completion by customer or third parties, or by items outside UniColorado LLC's scope of work, are billable.

2.9. Billing Disputes and Chargebacks. Customer agrees to raise any billing dispute through the process in Sections 2.3 and 15 before initiating a credit-card chargeback or payment reversal for work that was performed. If customer initiates such a chargeback and it is resolved in UniColorado LLC's favor, customer is responsible for the disputed amount plus UniColorado LLC's reasonable costs of responding, and the amount is past due from its original due date for purposes of Sections 2.6 and 3.6.

2.10. Title and Risk. Equipment and materials delivered to the property remain the property of UniColorado LLC until payment in full is received. Once delivered, customer bears risk of loss or damage to delivered equipment from causes not attributable to UniColorado LLC, including theft, vandalism, or casualty.

2.11. Price Validity; Substitutions. Estimate pricing is valid for 30 days from the estimate date and remains subject to equipment availability until scheduling and required payment are confirmed. Before a deposit is received, pricing may be adjusted for manufacturer price increases, tariffs, or availability changes. If specified equipment becomes unavailable or materially delayed, UniColorado LLC may propose substitute equipment of substantially comparable capacity, efficiency, features, warranty, and value; no substitution that materially changes price or performance will be made without customer's written approval, except a manufacturer superseding a model with its direct replacement of equal or better specifications. UniColorado LLC will not impose an undisclosed mandatory fee; government charges not reasonably determinable at contracting may be added when incurred.

3. Limited Warranty

3.1. General. Unless otherwise stated, UniColorado LLC will provide a one (1) year quality installation warranty on its labor, quality of workmanship and installation methods, and all materials supplied by UniColorado LLC, effective for 365 calendar days following the completion of the installation, replacement, repair or other service. Unless the accepted estimate expressly states otherwise, repair labor on service work is warranted for ninety (90) days.

3.2. Installation Warranty. During the warranty period, UniColorado LLC will repair or replace, at its option and at no charge, defects in UniColorado LLC's workmanship and in materials supplied by UniColorado LLC that prevent the installed equipment from operating within the manufacturer's specifications. Units that repeatedly fail despite repair attempts ("lemon" units, determined solely by UniColorado LLC) are covered for replacement under this warranty. Any repairs or modifications to the installed units performed by anyone other than UniColorado LLC void this warranty to the extent they caused or materially contributed to the failure.

3.3. Limitations. This warranty is non-transferable, non-renewable, and is only applicable to residential customers. The only UniColorado LLC labor warranty is the warranty stated in this Agreement, the accepted estimate, or a separately issued written warranty certificate. Manufacturer parts coverage and any extended labor plan are separate, provided and decided by the manufacturer or plan provider, and subject to their own written terms, registration requirements, exclusions, and claim approval. A manufacturer "parts warranty" does not include labor, refrigerant, shipping, diagnostics, or maintenance unless the governing warranty expressly says so.

3.4. Exclusions. The following are exclusions to and expressly not covered under the warranty:

• Consumables such as filters or humidifier pads
• Thermostats
• End-user error, including improper use or settings manipulation
• Adjustments, instruction, or resets that do not involve a defect (for example thermostat programming, breaker resets, filter replacement, condensate cleaning)
• Routine maintenance and comfort preferences
• Connectivity, Wi-Fi, or third-party software or app issues
• Damage or loss due to acts of nature, freezing, flooding, fire, extreme weather, or other uncontrollable events
• Damage caused by pests or rodents
• Electrical or utility supply issues not related to the installation
• Issues arising from modifications or repairs done by third parties
• Previous or existing home defects not related to the services performed by UniColorado LLC, including comfort, airflow, humidity, or noise conditions attributable to existing ductwork, existing systems, or the structure (Section 1.6)
• Customer supplied materials or parts
• Loss of use, food spoilage, secondary damage, or costs of temporary heating or cooling
• Damages or losses caused by vandalism, theft, lack of care, cleaning or maintenance, negligence or abuse or any other circumstances reasonably outside of the control of UniColorado LLC

3.5. Warranty Claims; Opportunity to Cure. To make a warranty claim, customer must notify UniColorado LLC promptly after discovering the issue, stop using equipment when continued operation may be unsafe or cause further damage, and provide reasonable access to diagnose and cure. Customer should preserve replaced parts, photographs, fault codes, and invoices when practicable. Warranty service is performed during UniColorado LLC's normal business hours; after-hours or emergency service, if available, is billable at then-current rates. UniColorado LLC is not required to reimburse non-emergency work performed by another contractor undertaken without first giving UniColorado LLC a reasonable opportunity to inspect and cure. If a service visit made under a warranty claim reveals that the reported issue is excluded under Section 3.4, is not attributable to UniColorado LLC's workmanship or materials, or that the system is operating within manufacturer specifications, the visit is billable at UniColorado LLC's disclosed diagnostic rate of $189; customer will be reminded of the potential charge when scheduling.

3.6. Warranty Conditions. UniColorado LLC's voluntary warranty obligations are conditioned on (a) customer's account being paid in full — warranty service is suspended while any undisputed invoiced balance is past due, and the warranty period is not extended by any period of suspension; and (b) basic care of the equipment, including timely replacement of filters and keeping equipment areas clear and ventilated per manufacturer guidelines. Nothing in this Section waives any right that applicable law does not permit to be waived.

3.7. After the Warranty Period. After the applicable labor warranty expires, manufacturer parts warranties (where registered) continue per their terms, but labor, refrigerant, and materials required to diagnose and install manufacturer-warranty parts are not covered by UniColorado LLC and are billable at then-current rates. UniColorado LLC will submit manufacturer registration where included in the estimate and customer timely provides required information; customer will review the registration confirmation and notify UniColorado LLC of an apparent error within 30 days.

4. Cosmetic Defects

4.1. Permission. Customer acknowledges that cosmetic defects including but not limited to scratches, superficial marks, new holes or other alterations in walls, ceilings, floors, tile, landscaping and other surfaces or structures may be necessary or otherwise occur during the process of HVAC installation, replacement, repairs or other services and hereby grants UniColorado LLC permission to cut or alter any wall, ceiling, flooring, tile, landscaping or other surfaces or structures as it deems necessary to perform the services specified in this Agreement.

4.2. No Repairs. Unless specifically included in the estimate, customer further acknowledges that UniColorado LLC does not repair cosmetic defects that occur during the performance of the services which are expressly excluded from the scope of work and agrees UniColorado LLC is not responsible for the cost of any such repairs by a third party.

4.3. Change Order. Upon customer's request, UniColorado LLC may agree to provide repairs for cosmetic defects pursuant to a written change order agreed upon by the parties in accordance with Section 7 of this Agreement.

4.4. No Liability. UniColorado LLC, along with its subcontractors, affiliates, and employees, shall not be responsible or liable for any cosmetic defects arising from the services performed under this Agreement.

5. Permits and Inspections

5.1. Permits. UniColorado LLC will secure the mechanical, electrical, and/or plumbing permits applicable to the scope of work performed pursuant to this Agreement, as determined by UniColorado LLC in its reasonable discretion. These permits will be obtained from the local jurisdiction where the property is located. Most local jurisdictions issue permits online, and hard copies may not be provided.

5.2. Exclusions. (a) Permits or inspections relating to materials, products, or equipment supplied by customer or not provided by UniColorado LLC as specified in the estimate are solely customer's responsibility. (b) UniColorado LLC is not liable for any plumbing, mechanical, pre-existing building code violations, faults, or other issues that may lead to failed inspections, delays, revocation of permits or that are found by an inspector that are not within the scope of work performed by UniColorado LLC. Corrections, testing, engineering, or upgrades to pre-existing systems or portions of the property outside the scope of work require a change order. (c) Should the local jurisdiction require additional permits unrelated to the project (e.g., structural or architectural), obtaining these is solely customer's responsibility.

5.3. Inspections. Customer is responsible for scheduling required inspections by contacting the local jurisdiction, or UniColorado LLC may arrange the inspection upon customer's request. Customer agrees to schedule and permit any required inspection within ninety (90) days following substantial completion, and to provide access and meet with inspectors on the day(s) inspections are called for. UniColorado LLC's obligations under Section 2.8 apply only to inspections conducted within that period, or a later period required by the jurisdiction itself. Inspection scheduling and agency response times are outside UniColorado LLC's control and do not delay payment after substantial completion.

6. Rebates and Tax Credits

6.1. Rebates. UniColorado LLC will submit rebate applications on behalf of customer within 90 days following the installation, where applicable. Customer agrees to provide all information, signatures, account information, and documentation reasonably required for rebate processing within fourteen (14) days of UniColorado LLC's request, to permit any verification visit required by the rebate program, and not to submit a duplicate claim. In instances where the rebate is assigned to UniColorado LLC and given to customer as a discount, customer is required to complete the forms needed to assign the rebate to UniColorado LLC. If an assigned rebate that was credited on the invoice is denied, reduced, or lost because customer supplied materially inaccurate information, was ineligible based on facts within customer's knowledge, submitted a duplicate claim, withdrew required cooperation, failed to return required forms by the due date of the invoice, or sold or altered the system before program requirements were satisfied, customer is responsible for the credited amount, which UniColorado LLC may invoice. Customer is not responsible for a denial caused solely by UniColorado LLC's submission error or nonqualifying work by UniColorado LLC.

6.2. Tax Credits. UniColorado LLC will furnish the required documentation for any relevant tax credits upon request. Customer acknowledges that UniColorado LLC provides no guarantee or warranty regarding the eligibility of any equipment for tax credits and agrees that the final approval and issuance of tax credits are entirely a matter between the IRS and customer, over which UniColorado LLC has no influence. Customer should obtain independent tax advice.

6.3. Program Changes. Rebate and incentive programs are operated by third parties and depend on program rules, funding, deadlines, property and customer eligibility, utility data, equipment qualification, and administrator approval, and may change or be exhausted without notice. Estimated rebate amounts shown on an estimate are informational and are not a price guarantee unless expressly stated as an instant discount funded by UniColorado LLC.

7. Change Orders and Amendments

Any and all changes to the scope of work, equipment, or other aspects of this Agreement must be made in writing and agreed upon by both parties prior to any changes being performed; approval by email, text, or electronic acceptance by customer or customer's authorized representative is a writing. Additional permits and fees will be added to change orders when required. All optional prices are subject to change if purchased separately and/or installed at another time. When immediate action is reasonably necessary to prevent injury or material property damage and customer cannot be reached, UniColorado LLC may perform only reasonable protective measures and will document the basis and cost. UniColorado LLC is not required to continue affected work while a necessary change order remains unresolved, and work performed under a signed change order is payable even if another portion of the project balance is in dispute.

8. Termination and Cancellation

8.1. Statutory Rights. Any cancellation right provided by applicable law — including, for covered sales made at customer's home or another qualifying location, the right to cancel described in the separately delivered Notice of Cancellation — controls and is not limited by this Agreement.

8.2. Mutual Window. In addition, either party may terminate this Agreement if no work has commenced and written notice is given to the other party within 72 hours after the date this Agreement is signed by both parties. Upon meeting these conditions, the Agreement will be considered terminated and neither party will have any further obligations hereunder; the handling of any deposit is governed by Section 2.4.

8.3. Later Cancellation by Customer. After the periods above, if customer cancels or prevents completion of the work, customer must pay for work performed and documented nonrecoverable costs, including approved special-ordered, custom-manufactured or non-returnable equipment, manufacturer or distributor return and restocking charges, permits, design, shipping, storage, and reasonable demobilization costs, less costs UniColorado LLC avoids or recovers. This paragraph is compensation for actual loss, not a penalty.

8.4. Suspension or Termination by UniColorado LLC. UniColorado LLC may suspend work or terminate this Agreement upon written notice if (a) any payment due is not received; (b) site conditions are unsafe, unsanitary, or otherwise prevent work from proceeding lawfully; (c) customer makes a material misrepresentation; or (d) customer or occupants engage in abusive, threatening, or harassing conduct toward UniColorado LLC personnel. Upon such suspension or termination, customer remains responsible for payment for all work performed and the documented costs described in Section 8.3, subject to customer's rights for any breach by UniColorado LLC.

9. Limitation of Liability

9.1. IN NO EVENT SHALL UniColorado LLC HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES OF ANY KIND OR NATURE HOWEVER CAUSED, EVEN IF UniColorado LLC HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES OR THAT SUCH DAMAGES ARE FORESEEABLE.

9.2. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL UniColorado LLC'S AGGREGATE CUMULATIVE LIABILITY FOR ANY DAMAGES ARISING FROM, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT RECEIVED BY UniColorado LLC FROM CUSTOMER UNDER THIS AGREEMENT.

10. Warranty Disclaimer

EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, UniColorado LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Governing Law; Venue

This Agreement shall be governed by the laws of the State of Colorado without regard to conflicts of laws principles. The parties irrevocably consent to the personal jurisdiction of the state and federal courts located in Denver County, Colorado for any suit or action arising from or related to this Agreement.

12. Entire Agreement; Order of Documents

This Agreement, including all change orders, appendices and addenda, constitutes the entire agreement between the parties involved with respect to the subject matter herein. It supersedes and replaces all prior written or oral agreements, proposals, understandings or representations between the parties. If documents conflict, a signed change order controls, followed by the accepted estimate (including the selected option and price), then these terms, then manufacturer and third-party warranty documents. Website advertising, calculator results, sales conversations, and unsigned drafts do not modify the signed agreement. No amendment is effective unless in a writing accepted by both parties.

13. Notice

Any notice required to be given to the other party will be made in writing to the address on the estimate and shall be deemed to be properly given: (a) when delivered personally; (b) when sent by a scanned PDF transmission via email, with written confirmation of receipt; (c) five (5) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid. Contract and claim notices to UniColorado LLC may be sent to [email protected] or UniColorado LLC, 2700 W Evans Ave #100, Denver, CO 80219. Cancellation notices may be delivered by any method the law permits and are not restricted by this Section.

14. Severability

If any provision of the Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most accurately reflects the parties' intentions and the remainder of the Agreement would still be valid and enforceable.

15. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement or the performance thereof, the parties agree to first make a good-faith effort to resolve the dispute through negotiation. Either party may initiate the negotiation process by providing written notice to the other party, specifying the nature of the dispute. If negotiation does not result in a resolution within 30 days of the initial notice, the parties agree to submit the dispute to non-binding mediation before initiating litigation. Customer agrees to complete these steps before initiating litigation or any payment reversal for work that was performed. Nothing in this Section limits UniColorado LLC's right to record or enforce a mechanic's lien within statutory deadlines, either party's right to bring an action for amounts due, or any mandatory statutory procedure, including applicable residential construction-defect procedures.

16. Counterparts and Electronic Signatures

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Both parties agree that electronic signatures are considered legally binding and have the same legal standing as handwritten signatures.

17. Force Majeure

UniColorado LLC is not liable for delay or failure to perform caused by events beyond its reasonable control, including weather, fire, flood, labor shortages, supply-chain or manufacturer delays, utility or jurisdiction delays, epidemics, or government action. Scheduled dates are good-faith estimates, not guarantees; affected timelines are extended by the duration of the event, and UniColorado LLC will communicate material schedule changes. This Section does not excuse customer's payment obligations for work performed.

18. Photographs

UniColorado LLC may photograph installed equipment and work areas for documentation, warranty, permitting, and rebate purposes. Photographs used in marketing will not identify customer's name or address without customer's consent.

19. No Waiver of Nonwaivable Rights

Nothing in this Agreement waives or limits any right, remedy, damage, deadline, disclosure, cancellation right, construction-defect procedure, or warranty that applicable law does not permit the parties to waive or limit. If a term of this Agreement conflicts with mandatory law, mandatory law controls and the term is narrowed only to the minimum extent necessary.