These Terms and Conditions are part of the Proposal/Agreement between John Davis Heating & Air (“Contractor”) and the customer(s) signing it (“Customer”). If the Proposal and these Terms conflict, the Proposal controls.
1. Change Orders and Substitutions.
Work not described in the Agreement requires a written change order, signed by Customer, stating the added price. Contractor may treat extra work as a separate agreement and may require payment for it in advance. If a specified material cannot be obtained, Contractor may substitute material of equal or better quality and performance, with notice to Customer and no change to the Purchase Price.
2. Payment, Late Charges and Collection.
Payment is due as stated in the Agreement; any remaining balance is due upon completion. Balances not paid when due accrue a late charge of 1.5% per month (18% per year) until paid. Contractor retains all lien rights available under O.C.G.A. § 44-14-361 et seq. If an unpaid balance is referred to an attorney for collection, Customer will pay reasonable attorney’s fees as permitted by O.C.G.A. § 13-1-11, plus court costs.
3. Permits, Codes and Site Conditions.
Contractor will obtain the permits required for its work and perform the work in accordance with applicable state and local codes. Customer will promptly furnish information needed for permits and is responsible for any HOA, covenant or zoning approvals. Where digging is required, Contractor will request Georgia 811 utility locates; Customer must disclose property lines, easements and private underground items 811 does not mark (e.g., septic, irrigation, private gas or electric lines, pet fences). To the extent permitted by O.C.G.A. § 13-8-2, Customer will indemnify Contractor for losses, including reasonable attorney’s fees, arising from Customer’s failure to make these disclosures, except to the extent caused by Contractor’s negligence. If an inspector or governing authority requires changes, labor or materials not included in the Agreement, the Purchase Price will be adjusted by change order. Special inspections, engineering and reports are excluded.
4. Existing Conditions and Incidental Work.
Contractor is not obligated to correct pre-existing conditions, structural or code deficiencies, or the work of others. Unless the Agreement states otherwise, the Purchase Price excludes drywall, painting, patching, carpentry, masonry, concrete, roofing, gutter, flooring and landscaping repair needed to access or complete the work, and disturbance to landscaping in the normal course of the work. Contractor will use reasonable care to protect the property and remains responsible for damage caused by its own negligence.
5. Contractor’s Right to Cancel.
If Contractor determines that the work cannot be performed as intended (for example, due to a pricing error, hidden structural defects or site conditions), Contractor may cancel the Agreement by written notice to Customer and refund all amounts paid for work not performed.
6. Customer’s Representations.
Customer represents that Customer (a) owns the property or is authorized by the owner to enter into this Agreement; (b) will provide reasonable access to the property, including the electrical panel, attic, crawlspace and utilities; and (c) will move, protect and reinstall personal property as required for the work.
7. Mold, Asbestos and Hazardous Materials.
Contractor does not test for, abate or remediate mold, asbestos, lead-based paint or other hazardous substances. If such materials are suspected, Contractor may stop work until Customer has them tested and, if needed, abated at Customer’s expense. To the extent permitted by O.C.G.A. § 13-8-2, Customer will indemnify Contractor and its employees, agents and subcontractors from claims relating to such substances, except to the extent caused by Contractor’s negligence.
8. Warranty.
Contractor warrants its installation workmanship for one (1) year from completion unless the Agreement states a longer period. Equipment is covered only by the manufacturer’s warranty; Customer is responsible for registering equipment with the manufacturer where required and maintaining it to the manufacturer’s specifications. The workmanship warranty does not cover damage from misuse, lack of maintenance, power surges, acts of God or alterations by others. To the extent permitted by law, any implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the applicable written warranty period.
9. Limitation of Liability.
Contractor is not liable for incidental or consequential damages, such as loss of use, spoiled food, temporary lodging or lost income, except where caused by Contractor’s gross negligence or willful misconduct.
10. Claims and Governing Law.
Customer will give Contractor written notice of any claimed defect and a reasonable opportunity to inspect and repair it before hiring others to correct it or filing suit, consistent with the Georgia Right to Repair Act (O.C.G.A. § 8-2-35 et seq.) where it applies. This Agreement is governed by Georgia law. If any provision is found unenforceable, the remaining provisions stay in effect.
11. System Sizing and Design Conditions.
Equipment is designed to perform at standard outdoor design temperatures. Contractor is not responsible for performance beyond those conditions, or for humidity or duct sweating caused by infiltration, insulation or duct leakage outside the scope of work. Load calculations rely on information Customer provides (including R-values, building tightness and duct conditions), and Contractor is not responsible for problems caused by inaccurate information. If Customer declines a load calculation and one is not required by code, Contractor will size the new system to match the existing system and is not responsible for resulting over-sizing (e.g., short cycling, humidity, mold) or under-sizing (inability to heat or cool at design temperatures).
12. Existing Equipment and Components.
Contractor is not responsible for the performance, functionality or compatibility of existing equipment, ductwork, duct board, controls or other materials that are not repaired or replaced and that Customer elects to keep. In addition: (a) Line Set: if an existing line set will not hold a proper vacuum, its repair or replacement is an additional cost. (b) Gas Piping: Contractor is not responsible for the condition of existing gas piping that is not readily accessible; pressure testing to locate leaks, and any resulting repairs, are an additional cost. (c) Attic Access: if existing attic stairs or access cannot be used safely, alternate access may be required at additional cost; Contractor is not responsible for steps, stairs or panels that must be removed, except damage caused by its negligence. (d) Condensate: condensate lines are part of the building’s plumbing and can clog with debris over time. The workmanship warranty covers only condensate piping Contractor installs, not existing piping, separated joints or improper slope in existing lines, or resulting damage.
13. SMS / Text Messaging Terms & Conditions
- Program. John Davis Heating & Air (Bay Haven Capital Partners LLC dba John Davis Heating & Air) sends text messages to customers who opt in through our website forms, our online scheduler, or verbally by phone.
- Message types. Responses to your service request or quote, appointment confirmations and reminders, technician on-the-way notices, estimates and invoices, and maintenance-visit reminders.
- Frequency. Message frequency may vary.
- Cost. Message and data rates may apply.
- Opt-out. Reply STOP (or CANCEL, END, QUIT, UNSUBSCRIBE) at any time. You will receive one message confirming you are unsubscribed, and no further messages will be sent. To rejoin, reply START.
- Help. Reply HELP for assistance, or contact customer care at (770) 460-9232 or johndavishvac@yahoo.com.
- Carriers. Carriers are not liable for delayed or undelivered messages.
- Privacy. Mobile opt-in data and consent are not shared with third parties for marketing purposes. See our Privacy Policy.
Contact
John Davis Heating & Air
1525 Senoia Rd, Suite G
Tyrone, GA 30290
Phone: (770) 460-9232
Website: johndavisair.com
Last updated October 12, 2026.