Terms & Conditions
Effective Date: January 24, 2025 | Last Updated: January 24, 2025
These Terms and Conditions (“Terms”) govern your use of the TnD Mechanical LLC website and the contracting services we provide. By using our website or engaging our services, you agree to be bound by these Terms.
1. Company Information
TnD Mechanical LLC is a licensed mechanical contractor operating in the State of Florida, providing commercial and residential HVAC, plumbing, and electrical services.
- Location: Melbourne, Florida
- Email: tndmechanical@gmail.com
- Phone: (321) 392-8684
2. Website Use
2.1 Acceptance of Terms
By accessing and using this website, you accept and agree to be bound by these Terms. If you do not agree, please do not use our website.
2.2 Permitted Use
You may use our website for lawful purposes only, including:
- Reviewing our services and qualifications
- Submitting inquiries and bid requests
- Contacting us for project discussions
2.3 Prohibited Activities
You agree not to:
- Submit false or misleading information
- Attempt to interfere with website functionality
- Use the website for any unlawful purpose
- Scrape, copy, or reproduce website content without permission
3. Bid Requests and Proposals
3.1 Non-Binding Inquiries
Submitting a bid request or inquiry through our website does not create a contractual obligation. All proposals and estimates are preliminary and subject to:
- Site inspection and assessment
- Review of complete project specifications
- Execution of a formal written contract
3.2 Estimate Validity
Unless otherwise stated in writing, estimates and proposals are valid for thirty (30) days from the date of issuance. Prices are subject to change based on material costs, labor rates, and project scope modifications.
4. Construction Contracts
Contract Standards: All construction contracts with TnD Mechanical LLC are governed by Florida law and incorporate industry-standard provisions consistent with AIA (American Institute of Architects) document principles and the Florida Contractor's Manual.
4.1 Written Contracts Required
Pursuant to Florida Statutes §489.126, all construction work exceeding $2,500 requires a written contract. No work will commence without a fully executed contract that includes:
- Scope of work and specifications
- Contract price and payment schedule
- Estimated start and completion dates
- Permit and inspection responsibilities
- Change order procedures
- Warranty terms
4.2 Payment Terms
Standard payment terms, unless otherwise specified in the contract:
- Deposit: As specified in contract (typically 10-30%)
- Progress payments: Based on work completed
- Final payment: Due upon substantial completion and final inspection
- Payment terms: Net 30 days from invoice date
4.3 Change Orders
Any modifications to the scope of work, materials, or specifications must be documented in a written change order signed by both parties. Change orders may affect the contract price and schedule.
5. Florida Construction Law Compliance
5.1 Licensing
TnD Mechanical LLC maintains all licenses required by the Florida Department of Business and Professional Regulation (DBPR) and the Florida Construction Industry Licensing Board. License information is available upon request.
5.2 Permits and Inspections
In accordance with Florida Building Code requirements:
- Required permits will be obtained prior to work commencement
- All work is subject to inspection by the local building authority
- Certificates of completion will be provided as applicable
5.3 Construction Lien Rights
IMPORTANT NOTICE: Pursuant to Florida Statutes Chapter 713, contractors, subcontractors, and material suppliers who are not paid in full have the right to file a lien against the property. Property owners have the right to request lien waivers and releases.
5.4 Right to Cure (Florida Statute §558)
Before filing any legal action for a construction defect, the claimant must comply with the notice and opportunity to repair provisions of Florida Statutes Chapter 558. This includes:
- Written notice of the claim at least 60 days before filing suit (residential) or 120 days (commercial)
- Opportunity for inspection of the alleged defect
- Opportunity to make a written offer to repair or settle
6. Warranties
6.1 Workmanship Warranty
TnD Mechanical LLC warrants that all work performed will be completed in a workmanlike manner, in accordance with applicable building codes, and free from defects in workmanship for a period of one (1) year from substantial completion, unless otherwise specified in the contract.
6.2 Manufacturer Warranties
Equipment and materials are covered by manufacturer warranties, which will be transferred to the property owner. TnD Mechanical LLC will assist with warranty claims but is not responsible for manufacturer defects beyond installation.
6.3 Warranty Exclusions
Warranties do not cover:
- Damage from misuse, neglect, or improper maintenance
- Damage from acts of God, fire, flood, or other casualties
- Modifications made by others after installation
- Normal wear and tear
- Consequential or incidental damages
7. Insurance
TnD Mechanical LLC maintains the following insurance coverage:
- General Liability Insurance
- Workers' Compensation Insurance
- Commercial Auto Insurance
Certificates of insurance are available upon request.
8. Limitation of Liability
8.1 Website Disclaimer
The information on this website is provided “as is” without warranties of any kind. We do not guarantee the accuracy, completeness, or timeliness of website content.
8.2 Limitation of Damages
To the maximum extent permitted by Florida law, TnD Mechanical LLC's liability for any claim arising from our services shall not exceed the contract price for the specific work in question. We are not liable for indirect, incidental, special, or consequential damages.
9. Dispute Resolution
9.1 Informal Resolution
The parties agree to attempt to resolve any dispute informally before initiating formal proceedings. Either party may request a meeting to discuss the dispute in good faith.
9.2 Mediation
If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation before a mutually agreed-upon mediator in Brevard County, Florida.
9.3 Governing Law and Venue
These Terms and any construction contracts are governed by the laws of the State of Florida. Any legal action shall be brought in the courts of Brevard County, Florida, or the United States District Court for the Middle District of Florida.
9.4 Attorney's Fees
In any action to enforce these Terms or a construction contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
10. Indemnification
You agree to indemnify and hold harmless TnD Mechanical LLC, its officers, employees, and agents from any claims, damages, or expenses arising from your use of our website or your breach of these Terms.
11. Intellectual Property
All content on this website, including text, graphics, logos, and images, is the property of TnD Mechanical LLC and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our written permission.
12. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
13. Modifications
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of our website constitutes acceptance of modified Terms.
14. Entire Agreement
These Terms, together with our Privacy Policy and any executed construction contracts, constitute the entire agreement between you and TnD Mechanical LLC regarding the subject matter herein.
15. Contact Information
For questions about these Terms, please contact us:
TnD Mechanical LLC
Melbourne, Florida
Email: tndmechanical@gmail.com
Phone: (321) 392-8684
Legal Notice: These Terms and Conditions incorporate principles from AIA contract documents and comply with the Florida Contractor's Manual and applicable Florida Statutes. For specific legal advice regarding construction contracts or disputes, please consult with a qualified Florida attorney.