Terms Of Service
Effective Date: 03/25/22
Last Updated: 03/26/26
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These Terms of Service (“Terms”) explain how GEM Heating & Cooling (“GEM,” “we,” “us,” “our”) provides service and how scheduling, estimates, payments, cancellations, warranties, and other policies work. By booking service, requesting an estimate, approving a quote, signing a proposal, or allowing work to begin, you agree to these Terms.
If a written proposal, invoice, work order, manufacturer warranty, or financing agreement has terms that conflict with these Terms, the job-specific document controls for that specific job.
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Service Area & Services We Provide
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Service Area
We serve the Des Moines Metro & surrounding communities, based in Bondurant, Iowa. Some areas may have different availability or travel charges. If you’re outside our normal area, we’ll tell you before dispatch. We will usually travel 60 miles from the Des Moines Capitol with no change in diagnostic fee depending on availability.
Services
We provide residential and light commercial HVAC service, including (as applicable and as quoted):
• Diagnostics and repairs
• Installation / replacement
• Maintenance and tune-ups
• Maintenance plan services (when enrolled)
• Mobile/manufactured home HVAC (when applicable)
• Boilers, geothermal, ductless/mini-splits, and indoor air quality solutions (when applicable)
• Water heater service (when applicable)
​We may decline or stop work if conditions are unsafe, outside our licensing scope, or would violate code/manufacturer requirements.
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Scheduling, Arrival Windows & Access
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Appointment Windows
We schedule using arrival windows. Our standard windows are:
• 8:00 AM – 11:00 AM
• 11:00 AM – 2:00 PM
• 2:00 PM – 5:00 PM
Arrival times are estimates and can shift due to emergency calls, weather, traffic, job complexity, or parts availability.
Communication
We may confirm appointments by phone, text, or email. You’re responsible for providing accurate contact info and being reachable on the day of service.
Access & Safe Work Area (Customer Responsibility)
You agree to provide safe, reasonable access to equipment and work areas at the scheduled time (including attic/basement/crawl access where applicable). Please secure pets and keep children away from the work area. If we arrive and cannot access the equipment or it’s unsafe to proceed, we may charge a trip fee and reschedule.
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Diagnostics, Estimates & Approval
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Diagnostics
Most service calls begin with diagnostics to determine the issue and options. A diagnostic/service fee may apply unless otherwise stated in writing or included in a plan or promotion.
Estimates & Quotes
We provide pricing using flat-rate repairs, time-and-materials, or written proposals (depending on the job). Estimates are based on visible conditions and information available at the time. If we discover hidden issues, code/safety problems, or conditions that change the scope, we’ll explain the findings and provide options before proceeding.
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Estimates & Quote Validity
Written estimates and proposals are valid for a limited time due to changing equipment and material costs. Unless stated otherwise, pricing is valid for 14 days from the date issued. If a project is delayed due to customer scheduling, permit/inspection timing, or parts availability, updated pricing may be required and will be presented for approval before work continues.
Authorization to Proceed
You authorize work when you approve a quote/proposal, sign a work order, click “approve,” or give clear permission to start. Additional work beyond the original scope requires your approval (and may require a written change order).
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Pricing, Taxes, Parts & Materials
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Pricing
Your invoice or proposal shows what’s included. Unless specifically stated, pricing does not include costs created by undisclosed hazards, inaccessible conditions, or third-party work (electrician, roofer, remediation, etc.).
Taxes & Fees
Applicable taxes, permit/inspection fees, disposal fees, or other required charges may be added as allowed by law and shown on your invoice.
Parts & Special Orders
Some equipment/parts are special-order and may have restocking fees or return restrictions. If special-order items are ordered for your job, deposits may become non-refundable once items are ordered/shipped/staged, except where cancellation rights are required by law.
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Payments & Non-Payment
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Payment Timing
Unless otherwise stated in writing:
• Service/repairs/Installation are due at completion.
Payment Methods
We accept CREDIT/DEBIT CARDS, check, and other methods stated on the invoice. Returned payments may incur a fee of $50 plus any bank charges.
Non-Payment
If payment is not received when due, we may pause work, decline future non-emergency service, and pursue lawful collection options. Any late fees (if used) will be stated on the invoice/proposal and must comply with Iowa law.
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Legal Remedies
If payment is not received when due, we may pause work and pursue any lawful remedies available to us, including recovery of amounts owed, fees disclosed in writing, and other remedies permitted by Iowa law.
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Cancellations, Rescheduling & No-Show Policy
Service Calls / Tune-Ups
Please give at least 24 hours’ notice to cancel or reschedule.
Installations / Larger Projects
Installations and major work may require more notice due to staging and equipment scheduling. Any cancellation terms and deposit handling for installs will be listed on your proposal.
Weather / Force Majeure
We are not responsible for delays caused by events outside our control (severe weather, supply chain delays, utility outages, etc.). We will communicate changes and reschedule as soon as reasonably possible.
Emergency / After-Hours Service
Emergency service may be available based on staffing and safety conditions. After-hours service may include different rates or a dispatch/after-hours fee, which we will disclose when scheduling.
Permits, Code & Existing Conditions
Permits/Inspections
If permits or inspections are required, responsibility will be stated on your proposal/work order (we pull permits vs. customer/GC pulls permits).
Code/Safety Issues
If we find existing unsafe or non-compliant conditions outside the original scope, we may recommend corrective work. Recommended upgrades are not included unless specifically listed in your proposal or approved as additional work.
Warranties & “First Right to Fix”
Manufacturer Warranties
Most equipment warranties are provided by the manufacturer and are subject to manufacturer terms, registration, and maintenance requirements. We do not control manufacturer warranty decisions.
GEM Workmanship / Labor Warranty
Our workmanship/labor warranty (if applicable) is defined on your invoice or proposal. Unless otherwise stated in writing:
• Standard install labor warranty: 1 year
Warranty coverage does not include normal wear, misuse, power issues, lack of maintenance, environmental damage, or work performed/modified by others.
First Right to Inspect & Repair
If you believe there is a warranty issue, you must contact us promptly and allow us a reasonable opportunity to inspect and correct the issue. Work performed by others without our written approval may void applicable workmanship coverage for that issue.
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Rebates, Credits & Third-Party Programs
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Rebates & Utility Programs
Rebates, tax credits, and utility incentives (if applicable) are administered by third parties and are subject to their rules, deadlines, and approval. We do not guarantee rebate/credit approval or timing. We will provide reasonable documentation for qualifying installs when requested, but the customer is responsible for submitting applications and meeting program requirements unless otherwise stated in writing.
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Install Completion / Start-Up / Punch List
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Project Completion & Start-Up
For installation/replacement work, “completion” generally means the system is installed, started, and operating as intended based on the approved scope. Cosmetic items, non-critical adjustments, inspection scheduling, or third-party delays (utility, permitting authority, manufacturer registration, etc.) may require follow-up visits and do not prevent the project from being considered substantially complete for billing purposes unless otherwise stated in writing.
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Customer Responsibilities & Site Hazards
You agree to disclose known hazards (water damage, electrical issues, pests, mold, asbestos/vermiculite, structural issues, etc.). We may stop work if conditions are unsafe. If work is paused due to unsafe conditions, you may be responsible for trip charges or rescheduling.
Right to Cancel (When Required by Law)
Certain transactions (for example, some sales made at your home or away from our place of business) may carry a legal right to cancel within a specific period. When required by law, we will provide the required notice and honor qualifying cancellations according to law. This does not apply to every service call or emergency repair.
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Card Disputes, Chargebacks & Collections
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Chargebacks / Payment Disputes
If a payment is reversed or disputed (including chargebacks), you remain responsible for the balance due. We may provide documentation (work orders, photos, approvals, and communications) to respond to disputes. If a balance remains unpaid, we may pursue lawful collection options, and you may be responsible for reasonable collection costs where allowed by law.
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Limitation of Liability
To the maximum extent permitted by law:
• GEM is not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits or business interruption).
• GEM’s total liability for any claim related to services provided will not exceed the amount paid to GEM for the specific service giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law.
Photos, Documentation & Customer Approvals
We may take photos/video of equipment and work areas for documentation, warranty support, code verification, and quality control. We do not intentionally include personal/private content beyond what is necessary to document the work.
Website Forms, Texts & Privacy
When you contact us, we may collect your name, phone number, email, service address, and service details to schedule service and communicate updates.
By providing your phone number, you consent to receiving calls/texts related to scheduling, service updates, invoices, and follow-ups. Message/data rates may apply. Reply STOP to opt out of non-essential texts (where applicable).
Changes to These Terms
We may update these Terms from time to time. The version posted on our website applies as of the Effective Date listed above.
Contact Information
GEM Heating & Cooling
1016 Michael st SE,
Bondurant, IA 50035
Phone: (515) 867-9366
Email: Gorgasenterprise@gmail.com
Website: gemheatingandcooling.com
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