Effective September 29, 2026
Ninja Heating and Air Inc., doing business as Ninja Plumbing, Heating & Air · Utah Contractor License #11790177-5501
2975 Executive Pkwy, Ste. 127, Lehi, UT 84043 · (801) 997-8909 · support@ninjahvac.com

Terms & Conditions

1. Scope

These Terms and Conditions (“Agreement”) govern all estimates, product sales, and service projects (“Services”) provided by Ninja Heating and Air Inc. (“Ninja”). Any differing or additional terms proposed by the Customer are rejected. Acceptance of an estimate constitutes a binding contract. If a separate signed agreement exists, it shall prevail.

Ninja Heating and Air Inc. does business as Ninja Plumbing, Heating & Air, Utah contractor license #11790177-5501. “Estimate” includes any price given verbally, in writing, by text or email, or on a technician's tablet. Acceptance may be given verbally, in writing, by text or email reply, or electronically as described in Section 32. Acceptance of any estimate also accepts this Agreement as posted at ninjahvac.com/terms-and-conditions on that date.

A verbal approval is a binding agreement to pay for the approved work, as described in Section 38.

2. Price

All prices listed in the Estimate are subject to change based on labor, materials, or unforeseen conditions. Customer will be notified of any change before commencement. Failure to object prior to service constitutes acceptance of the new price.

For any change that raises the price by 10% or more, or adds work not in the original estimate, Ninja will get Customer's express approval before doing that work and will send Customer a copy of the approval, as described in Section 31. Silence is not treated as approval of a price increase once work is underway.

3. Payment Terms

Customer shall pay in accordance with the Estimate. Payment is due within seven (7) days of completion unless otherwise agreed.

• Progress Payments: For projects exceeding 45 days, payments shall follow certified billing in accordance with Utah Code § 13-33-201.
• Final Payment: Due upon completion of the work, as defined below, subject to the retainage and release timelines set forth in Utah Code § 13-8-5.

Payment Due Upon Completion. Final payment for all labor, materials, equipment, and services is due upon completion of the work unless otherwise stated in writing. For purposes of this Agreement, “completion” shall be deemed to have occurred upon the earliest of the following: (a) Installation of equipment or materials inside the Customer’s home or structure; (b) Substantial completion of the work such that the system is installed, operational, programmed, and commissioned in accordance with manufacturer specifications; or (c) Submission of the final invoice to the Customer. Once the final invoice is submitted, payment is due within twenty-four (24) hours.

• Limited Right to Withhold Payment. Customer may withhold payment only for documented, material deficiencies directly related to the Contractor’s scope of work. Any withholding shall be limited to a maximum of five percent (5%) of the contract price. Under no circumstances may payment be withheld for subjective performance expectations or characteristics inherent to the installed equipment.

No Withholding Outside Contractor Control. Customer may not withhold payment for issues outside the Contractor’s control, including but not limited to utility service delays, utility provider scheduling, inspection timing or inspector availability, pre-existing conditions, code interpretation disputes not caused by Contractor workmanship, or system characteristics determined by manufacturer design. Payment obligations are not contingent upon inspection approval delays, third-party scheduling, or conditions unrelated to the Contractor’s scope of work once substantial completion has occurred.

• Late Payment Interest. Any amounts not paid when due shall accrue interest at a rate of thirty-six percent (36%) per annum, equivalent to three percent (3%) per month, beginning on the due date and continuing until paid in full. Interest shall be calculated monthly. Customer agrees to pay all costs of collection, including reasonable attorney fees, court costs, and collection agency fees, as permitted by Utah law.
• Mechanics’ Liens: If unpaid, Ninja may file a lien under Utah Code § 38-1a-101 et seq. within 90 days of last work.
• Downpayments / Deposits. Contractor may require a downpayment or deposit at the time of scheduling, equipment ordering, or prior to commencement of work. Unless otherwise stated in writing, all downpayments and deposits are non-refundable and may be applied toward labor, materials, equipment procurement, scheduling, and administrative costs.

Progress Payments. Contractor reserves the right to require progress payments at any time during the course of the project, regardless of project duration, based on work performed, equipment delivery, materials staged, or other measurable progress. Progress payments may be required upon, but are not limited to, the following milestones: (a) Delivery of equipment or materials to the jobsite or residence; (b) Installation of equipment or partial system components; (c) Substantial completion of a portion of the work; (d) Extended project duration or work exceeding originally anticipated scope; or (e) At Contractor’s discretion to maintain project scheduling, cash flow, or procurement obligations. Failure to remit any required progress payment when due constitutes a material breach of this Agreement and may result in suspension of work, rescheduling, or termination of services.

• Right to Stop Work: Ninja may suspend work for nonpayment. Installed materials remain Ninja’s property until paid in full.
• Inspections: Pending inspections shall not justify payment delays when work complies with applicable standards.

Completion of a stage. When work is stopped before the approved repair is finished, whether because hidden damage is found, Customer changes the plan, or Customer cancels, “completion” for payment purposes means the end of the work performed up to that point. Payment for that work is due on the same terms as a completed job.

Lien timing. Ninja's lien rights depend on a preliminary notice filed in the State Construction Registry within 20 days after work begins (Utah Code § 38-1a-501), and a notice of lien recorded within the deadlines in § 38-1a-502. The 90-day reference above is kept as written; the statutory deadlines control where they differ.

Deposits. Deposits collected on a sale made in Customer's home are refundable in full if Customer cancels within the cancellation period in Section 34. Each deposit receipt will state whether the deposit is refundable.

4. Change Orders

Additional or modified work not listed in the Estimate must be authorized by a written Change Order and paid for separately.

A Change Order may be given verbally, by text or email, or on the technician's tablet, and Ninja will confirm each one to Customer in writing (text or email) before or with the invoice, as described in Section 38. Work performed after Customer approves a Change Order is billable even if Customer later cancels the rest of the job.

5. Scheduling and Delays

Service dates are estimates only. Ninja is not liable for delays due to weather, material shortages, labor disputes, pandemics, or causes beyond its control.

6. Customer Obligations

Customer shall: (a) provide property access, utilities, and cooperation; (b) furnish requested approvals and information promptly; and (c) ensure all provided information is accurate and complete.

(d) Customer shall also tell Ninja about any other contractor who has worked on the same system, and any damage, fire, flood, or prior repair Customer knows of, before Ninja begins work.

7. Materials and Substitutions

If specified materials are unavailable, Ninja may substitute comparable materials without affecting the price.

8. Excess Materials

Leftover materials remain Ninja’s property. Ninja may retrieve them at reasonable times.

9. Supervision

Ninja shall supervise work using reasonable skill and care. Customer shall not interfere with Ninja’s employees or subcontractors.

10. Limited Warranty

Ninja provides manufacturer warranties and a limited labor warranty per contract. Warranty terms vary by manufacturer and system type. Exclusions include: (a) ordinary wear, misuse, or operation beyond design limits; (b) weather, condensation, or material movement; (c) preexisting duct or drain issues; (d) unauthorized repairs. All implied warranties (habitability, merchantability, or fitness) are disclaimed to the extent permitted by Utah law. Ninja is not liable for incidental or consequential damages. Unauthorized repairs void all warranties.

(e) Damage caused by fire, electrical events, or work performed by another contractor is also excluded. Labor warranty terms are described in Section 50.

11. Design Conditions

Systems are designed to Manual J standards for Utah (cooling 75°F indoor at 95°F outdoor; heating 70°F indoor at 10°F outdoor). Ninja is not responsible for issues from inaccurate data, home infiltration, duct leakage, or refusal to allow load testing. If system sizing is based on existing equipment, Ninja is not liable for oversizing or under sizing issues.

12. Existing Equipment

Ninja is not responsible for preexisting components (ductwork, controls, etc.) retained by the Customer. Warranty applies only to newly installed equipment and labor.

13. Line Sets

If an existing line set fails to hold a 500-micron vacuum, replacement will be required at additional cost. Refusal voids the warranty.

14. Preexisting Systems and Components

Customer assumes all liability for the performance and condition of preexisting HVAC, plumbing, gas, and drainage systems not replaced by Ninja. Ninja is not responsible for failures or damages arising from those systems.

Hidden damage. Damage often can't be seen until equipment is opened or components are removed. When Ninja finds hidden damage, Ninja will stop, explain what was found, and give Customer a revised price before continuing. Work done before the hidden damage was found is billable.

15. Gas Lines and Access

Ninja is not responsible for hidden or inaccessible gas piping. Additional costs may apply for testing or repairs. Ninja is not liable for damage to attic or crawlspace access structures required for installation.

16. Paint, Patchwork, and Repairs

Ninja is not responsible for cosmetic repairs, paint, or patching following service.

This does not limit the Silent Ninja Rule credit advertised on our website. If Customer sends a photo showing a violation of the Silent Ninja Rule (red booties indoors, drop cloths under work areas, floors vacuumed before we leave) caused by Ninja's technicians, Ninja will apply a $100 credit to that job. The credit is Customer's sole remedy for cosmetic cleanliness issues. Where more than one company worked in the home, Ninja may apply the credit as goodwill without admitting the marks were ours.

17. Personal Property

Customer shall protect or remove personal items from work areas. Ninja is not responsible for damage to unprotected property.

18. Mold and Hazardous Materials

Ninja is not responsible for discovery, removal, or damages related to mold or hazardous substances. Work may be suspended until such hazards are remediated.

19. Insurance and Risk of Loss

Customer shall maintain property insurance on the structure and all Services to full insurable value. Risk of loss transfers to Customer upon delivery. Both parties waive subrogation rights for insured losses under Utah law.

20. Indemnification

Customer agrees to indemnify and hold harmless Ninja, its officers, employees, agents, and subcontractors from claims, damages, or losses arising from Customer’s negligence or breach, except where caused by Ninja’s sole negligence or willful misconduct.

Nothing in this section requires Customer to indemnify Ninja for Ninja's own negligence, as provided in Utah Code § 13-8-1.

21. Warranty Exclusions for Preexisting Systems

Preexisting equipment, piping, valves, or fixtures are excluded from any warranty. Turning or testing old valves may cause leaks due to wear; Ninja assumes no liability. Compatibility issues between new and existing systems are not covered.

22. Drain Auguring – At-Risk Service

Customer acknowledges auguring is an at-risk, temporary service with no warranty. It may expose or worsen existing pipe issues. Ninja is not liable for resulting leaks, blockages, or damage. Additional work such as hydro jetting or pipe repair will be quoted separately.

23. Termination and Performance

If Customer fails to perform obligations or Ninja reasonably believes payment is impaired, Ninja may terminate this Agreement after seven (7) days’ written notice. Ninja retains rights to lien and payment for completed work, overhead, and profit, plus legal interest and collection costs.

24. Collections

Unpaid balances after thirty (30) days accrue interest at 2% per month (24% annually) under Utah Code § 13-8-5. Customer shall pay all collection costs, attorney fees, and court expenses. Acceptance of work is presumed unless written notice of defect is provided within thirty (30) days of completion.

Which interest rate applies. The standard late-payment rate is the rate in Section 3: 36% per year (3% per month), simple interest, calculated monthly from the due date until paid, or the maximum rate allowed by law if lower. Section 3 controls wherever it and this section differ. Where Customer approved work only verbally and did not confirm it by text, email, tablet, or in writing, Utah's legal rate of 10% per year applies (Utah Code § 15-1-1(2)).

Collection fees. If an unpaid account is referred to a licensed attorney or collection agency, Customer agrees to pay a collection fee equal to the amount Ninja is charged, not to exceed 40% of the unpaid principal, as allowed by Utah Code § 12-1-11, plus reasonable attorney fees and court costs. Under Utah Code § 78B-5-826, the prevailing party in any dispute under this Agreement may recover reasonable attorney fees. See also Section 56.

25. Restocking and Cancellation Fees

If Customer cancels after materials are ordered, Customer is liable for restocking, freight, and administrative costs (minimum $250). Refunds will be reduced by such fees.

How cancellation fees apply. This section applies whenever Customer cancels after Ninja has ordered, picked up, or reserved parts or equipment, subject to three rules:

1. In-home sales inside the 3-day window. No cancellation, restocking, or administrative fee applies to a sale made in Customer's home that Customer cancels within the period in Section 34. Ninja will not order equipment for such a sale until that period ends, unless Customer signs the emergency waiver described in Section 34.

2. Everything else. For parts or equipment ordered on an approval given by phone, text, or email, or on an in-home sale after its cancellation period has ended, Customer pays Ninja's actual, documented costs caused by the cancellation (supplier restocking and freight charges, special-order items that can't be returned, after-hours supply house fees Customer approved, and administrative time), with $250 as the minimum. Ninja will show Customer those costs on request.

3. Work already done is not a cancellation fee. Labor and trips Customer approved and Ninja performed before the cancellation are billed separately under Section 33. Section 37 covers jobs where Customer approves and cancels more than once.

26. Force Majeure

Ninja shall not be liable for delays or failure to perform due to circumstances beyond its control, including weather, labor strikes, material shortages, or governmental restrictions.

27. Dispute Resolution

Disputes shall first be addressed through good-faith negotiation. If unresolved, claims shall be brought in a court of competent jurisdiction in the State of Utah. This Agreement complies with the Utah Prompt Payment Act and the Utah Consumer Sales Practices Act.

Billing disputes should be sent in writing to support@ninjahvac.com or 2975 Executive Pkwy, Ste. 127, Lehi, UT 84043. Ninja will respond within 5 business days. Nothing in this Agreement limits Customer's right to post reviews, contact the Better Business Bureau, or file a complaint with any government agency, and nothing waives any right Customer has under the Utah Consumer Sales Practices Act.

28. Severability

If any term of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

29. Entire Agreement

This Agreement, including the Estimate and any authorized Change Orders, constitutes the entire understanding between the parties and supersedes all prior communications or agreements. No modification shall be valid unless in writing and signed by both parties.

Advertising. Guarantees and offers on Ninja's website and advertising apply as stated there, including the conditions printed next to them. Where an advertised guarantee and this Agreement both address the same situation, the guarantee's own stated conditions control.

Verbal approvals are not modifications. Approving an estimate, a Change Order, a scope change, or a fee (verbally, in writing, by text or email, or on a tablet) is acceptance of an Estimate under Sections 1, 4, 31, and 38. It is not a “modification” of this Agreement, and the requirement above that modifications be in writing and signed by both parties does not apply to it.

30. Service Visits and Diagnostic Fees

Every service visit carries a dispatch/diagnostic fee, which Ninja will tell Customer before the technician is sent, at booking and in the confirmation text. The fee is owed even if no repair is made. Current fees: daytime (weekdays 9 AM–5 PM) $49; after 5 PM, weekends, and holidays $149; Home Health Plan members as stated in their plan. When Customer approves a repair on the same visit, the daytime dispatch fee is applied toward the repair. The diagnostic fee covers finding the problem and quoting a repair. It does not cover repair work Customer approves.

31. Approvals, Stages, and Scope Changes

(a) Ninja will not start any work until Customer approves a price for it. Approval may be verbal, in writing, by text or email, or on the technician's tablet.

(b) Ninja will send Customer a written copy of each approval (text, email, or tablet record) before or with the invoice.

(c) Repairs often happen in stages. If Ninja finds hidden damage, or Customer asks for a different approach, Ninja will stop, explain, and give a new price. The next stage starts only after Customer approves it.

(d) Each approved stage is a separate agreement. Work Customer approved and Ninja performed is owed even if a later stage is declined or cancelled.

(e) If a change would raise the total by 10% or more over the approved price, Ninja will get a new approval before doing the extra work.

32. Electronic Records and Signatures

Customer agrees that Ninja may provide estimates, approvals, invoices, and notices electronically, and that Customer's electronic signature, tap on a technician's tablet, or text or email reply from Customer's phone number or email on file is Customer's signature (Utah Code §§ 46-4-201, 46-4-203). Ninja will email or text Customer a copy of each signed document that Customer can save and print. Where Customer is not present to sign, the technician will mark the signature field “Customer not present,” and no mark made by a Ninja employee will be treated as Customer's signature.

33. Work Stopped Before Completion (Time and Materials)

Ninja prices most repairs at a flat rate. When an approved repair cannot be completed, because hidden damage is found, the system cannot be repaired, or Customer changes plans or cancels after work began, there is no completed flat-rate repair to bill. In that case Ninja bills for the work actually performed on the approved stages at Ninja's posted hourly rate of $375 per hour, plus parts, supplier charges, and approved fees such as after-hours supply house openings. Billable time includes time on site, travel for trips Customer requested, and time spent sourcing parts or equipment, including phone calls with suppliers and technical staff. The total billed under this section will not exceed the price Customer approved for the stage or stages involved. Ninja will not bill the diagnostic visit separately when this section applies unless stated on the estimate.

34. Right to Cancel In-Home Sales

When a sale of $25 or more is made in Customer's home, Customer may cancel it without penalty or obligation within three business days, as provided by the FTC Cooling-Off Rule (16 CFR Part 429) and Utah Code § 70C-5. Ninja will give Customer the required written notice and a Notice of Cancellation form at the time of sale and tell Customer about this right verbally. The notice will appear in bold near the signature line:

Ninja will not order equipment, start installation, or submit financing before the cancellation period ends unless Customer has a genuine emergency and signs a handwritten, dated statement describing the emergency and waiving the right to cancel. Repair work Customer requested and approved at the visit is not affected by a later cancellation of a separate replacement sale.

Approvals given by phone. Repairs Customer requests and approves by phone, text, or email are not in-home sales, and the 3-day cancellation right above does not apply to them (16 CFR 429.0). Customer may still stop any job at any time, subject to Sections 25, 33, and 37.

35. Protection Against Liens and Civil Action

36. Recording and Photos

Ninja may record phone calls for quality and training, and technicians take photos and video of equipment and work areas to document conditions and work performed. Customer consents to this recording. Ninja's technicians may assume they are recorded by customer cameras while in the home.

37. Jobs Approved and Cancelled More Than Once

Some jobs change direction several times: a repair is approved and started, hidden damage changes the plan, a different repair or a replacement is approved, and then that is cancelled too. When that happens:

(a) Each approval stands on its own. Every approved stage is a separate agreement under Section 31. Cancelling a later stage does not cancel what Customer owes for earlier stages.

(b) What Customer owes for each cancelled stage is (1) labor, trips, and sourcing time performed under Section 33, plus (2) approved fees such as after-hours supply house openings, plus (3) the actual cancellation costs for that stage under Section 25, subject to Section 34.

(c) Pay before the next stage. After a customer cancels or changes an approved stage, Ninja may require payment for completed stages, or a deposit, before starting or ordering for the next one.

(d) No free restart. A cancelled stage does not turn earlier approved work into a diagnostic visit. The diagnostic-only guarantee applies only when Customer declines a quote before any repair work begins.

(e) Written summary. When a job changes direction, Ninja will text or email Customer a running summary of each stage approved, work performed, and charges so far, so both sides have the same record before the next decision.

38. Verbal Agreements Are Binding

(a) When Customer verbally approves an estimate, a price, a Change Order, a scope change, or a fee (in person, by phone, or on a recorded call), that approval is a binding contract to pay for the approved work, the same as a signed estimate. Utah law does not require a signed writing for a contract for repair or service work (Utah Code § 25-5-4).

(b) Verbal approval also accepts this Agreement as posted at ninjahvac.com/terms-and-conditions on the date of approval, including the payment, interest, collection, and cancellation terms.

(c) Confirmation text. After each verbal approval, Ninja will text or email Customer a confirmation stating the work approved, the price, the date, and a link to this Agreement, and will ask Customer to reply “YES.” A reply of “YES” (or any reply confirming the approval) from Customer's phone number or email on file is Customer's electronic signature on that approval and on this Agreement under Section 32. The confirmation also serves as the written copy of Customer's authorization required by Utah Admin. Code R152-11-5.

(d) If Customer does not reply. The verbal approval remains binding. If Customer believes the confirmation is wrong, Customer must say so in writing within 24 hours or before the work begins, whichever is sooner. Otherwise the confirmation stands as the record of what Customer approved.

(e) Customer may not avoid payment for approved work on the ground that the approval was verbal, was not signed, or that a signature field was left blank or marked “Customer not present.”

(f) This section does not override Customer's right to cancel an in-home sale under Section 34, which requires written notice to Customer.

39. Who May Approve Work

(a) The person who requests service or approves work states that he or she owns the property or is authorized by the owner to approve work and agree to these terms.

(b) When a property has more than one owner or adult occupant, including spouses, an approval by any one of them binds all of them, and each is responsible for the full amount owed. A later disagreement between household members does not cancel an approval already given.

(c) Tenants must have the owner's or property manager's permission before approving work. A tenant or property manager who approves work is personally responsible for payment unless the owner has agreed in writing to pay Ninja directly.

(d) An adult (18 or older) must be present for the visit unless Ninja agrees otherwise in advance.

40. Dispatch Fees, Missed Appointments, and Return Trips

(a) If Customer cancels after the technician has been dispatched, or no adult is present to give access when the technician arrives, the dispatch fee in Section 30 is owed.

(b) If a return trip is needed because of something within Customer's control (no access, pets not secured, power or gas off, the area not cleared, or Customer asking the technician to come back later), the return trip is billed as a new dispatch.

(c) Trips Customer requests outside the job itself, such as delivering or picking up loaner equipment or meeting Customer away from the property, are billable under Section 33 when a job is billed by time.

41. Estimate Expiration and Equipment Price Changes

(a) Estimates are valid for 14 days unless the estimate states otherwise.

(b) Equipment prices can change before an order is placed. If a manufacturer or distributor raises the price of approved equipment before Ninja orders it, Ninja will tell Customer the new price, and Customer may approve it or cancel without penalty for that equipment. Once Ninja places the order, the approved price is locked.

42. Customer-Supplied Parts and Equipment

Ninja may decline to install parts, fixtures, or equipment Customer buys elsewhere. If Ninja agrees to install them, Customer is responsible for their condition, compatibility, and warranty. Ninja's labor warranty does not cover failure of a customer-supplied item, and labor for a return visit caused by such a failure is billable.

43. Work or Damage by Others

(a) Ninja is not responsible for damage caused by other contractors, by the manufacturer, or by events such as fire, flood, power surges, or lightning, whether before, during, or after Ninja's visit.

(b) If another contractor works on the same system before Ninja's work is paid for or completed, Ninja may stop and re-evaluate, and any new or changed work is priced separately. Work Ninja completed before then is still owed.

(c) If another contractor works on a system during Ninja's warranty period, Ninja's warranty on the affected work ends.

44. Safety Hazards and Declined Safety Repairs

(a) If a technician finds a condition that is an immediate danger, such as a gas leak, carbon monoxide, a cracked heat exchanger, or an electrical hazard, the technician may shut off and tag the equipment as required by code and utility rules. Customer agrees not to restart equipment that has been tagged unsafe until it is repaired.

(b) If Customer declines a repair the technician recommends for safety, Customer will be asked to sign or reply in writing that the hazard was explained and the repair was declined. Ninja is not responsible for loss or injury resulting from a declined safety repair.

45. Permits and Inspections

Ninja will obtain permits required for its work and include the fees in the estimate unless the estimate states otherwise. Customer agrees to give the inspector access. Inspection delays do not delay payment, as stated in Section 3. If an inspector requires corrections to conditions Ninja did not create, such as existing venting, gas piping, or electrical, that work is quoted separately.

46. Financing

(a) Financing is provided by third-party lenders, not Ninja. Customer's obligation to pay Ninja does not depend on financing unless the estimate says it does.

(b) If financing is denied, reduced, or cancelled after work has been performed, Customer pays for approved work performed by another payment method.

(c) Ninja does not order equipment for a financed in-home sale until the cancellation period in Section 34 has ended, unless the emergency waiver in Section 34 applies.

47. Payment Methods, Card Fees, Returned Payments, and Chargebacks

(a) Ninja accepts the payment methods listed on the invoice. A card processing fee may be added to card payments up to the amount allowed by law and card network rules, and will be disclosed before payment.

(b) A returned check or reversed payment is subject to the service charge and costs allowed by Utah law, and the original balance becomes immediately due.

(c) If Customer disputes a charge, Customer agrees to contact Ninja in writing first under Section 27. If Customer files a card chargeback for work that was approved and performed, the amount charged back remains owed, and Ninja may provide Customer's approvals and records to the card issuer.

48. Property Damage Claims

(a) Ninja documents the condition of work areas with photos before starting when practical. Customer should point out existing damage before work begins.

(b) Customer must report any damage Customer believes Ninja caused within 72 hours of the visit, in writing with photos, and give Ninja a reasonable chance to inspect and repair it before hiring someone else. Ninja carries general liability insurance and will provide insurance information on request.

49. Invoices, Replaced Parts, Old Equipment, and Refrigerant

(a) Each invoice will list the work performed and the parts used, and will state whether parts are new, used, or rebuilt. Flat-rate repairs are shown as a flat price as disclosed before the work.

(b) Customer may ask to inspect or keep parts Ninja replaces, except parts that must be returned for a warranty or core credit, or that are hazardous. The request must be made before the technician leaves.

(c) Unless Customer asks to keep it before removal, old equipment Ninja removes becomes Ninja's property for recycling or disposal. Refrigerant recovered from a system is handled under EPA rules and becomes Ninja's property. Refrigerant carries no warranty.

50. Labor Warranty

(a) Unless the estimate states a different term, Ninja warrants its labor on repairs for 90 days, and on new system installations for 5 years (full system) or 2 years (air conditioner only or furnace only), from completion.

(b) The labor warranty covers defects in Ninja's workmanship. It does not cover the exclusions in Sections 10, 12, 13, 14, 21, 42, and 43, clogged filters or lack of required maintenance, or refrigerant.

(c) Manufacturer parts warranties require product registration, which Ninja will complete on installations where the manufacturer allows it. Many manufacturers require proof of annual maintenance.

(d) Warranty service requires the account to be paid in full.

51. Advertised Guarantees and Credits

The guarantees advertised on Ninja's website, including the 120 Rule, the 92% Strike, the Silent Ninja Rule, the Honor Check, and the diagnostic-only guarantee, apply as stated on the website with the conditions printed next to them. Unless the guarantee says otherwise: each applies once per job; credits are applied to that job's invoice and are not paid in cash; guarantees cannot be combined with other discounts on the same charge; and the diagnostic-only guarantee applies only when Customer declines a quote before any repair work begins.

52. Memberships (Home Health Plan)

Membership terms, including price, renewal, cancellation, and benefits, are stated in the membership agreement given at sign-up. If the membership renews automatically, the renewal terms and how to cancel will be disclosed clearly before sign-up and before each renewal. Membership discounts and waived fees apply only while the membership is active and paid.

53. Intermittent Problems and “No Problem Found” Visits

Some problems only happen now and then. If the system is working when the technician arrives and no fault can be found, the dispatch/diagnostic fee is still owed. If the same problem returns within 30 days and Ninja finds a fault its technician should have found on the first visit, the second dispatch fee is waived.

54. Special-Order Parts and Unclaimed Items

Special-order parts and equipment that the manufacturer or supplier will not take back are non-refundable once ordered, subject to Section 34. Items Customer asks Ninja to hold, and items Customer does not allow Ninja to install within 30 days after they arrive, may be billed in full.

55. Marketing Use of Photos

Ninja may use photos of equipment and work areas in its marketing only if they do not show Customer's name, address, face, or other identifying information, unless Customer gives separate permission.

56. Collections and Credit Reporting

(a) Before referring an account to collections, Ninja will send Customer written notice of the amount owed and at least 10 days to pay or dispute it.

(b) Ninja may refer unpaid accounts to a licensed attorney or collection agency and may report unpaid accounts to credit reporting agencies as allowed by law. Collection fees are as stated in Section 24.

(c) Ninja may provide the collection agency, attorney, or credit bureau with the estimate, approvals, confirmation texts, invoices, photos, and job records needed to verify the debt.

57. Governing Law, Venue, and Notices

(a) Utah law governs this Agreement. Claims shall be brought in the state courts for the county where the work was performed, including small claims court where eligible.

(b) Notices to Customer may be sent to the phone number, email, or mailing address on file. Notices to Ninja must be sent to support@ninjahvac.com or the Lehi address in Section 27.

58. Limitation of Liability

To the extent allowed by Utah law, Ninja's total liability for any claim arising from a job is limited to the amount Customer paid Ninja for that job, except for personal injury or property damage caused by Ninja's negligence, which is governed by Ninja's insurance and applicable law.

59. Which Version and Which Document Controls

(a) The version of this Agreement posted on the date Customer approves work applies to that work. Later changes do not apply to work already approved.

(b) If documents conflict, this order controls: (1) a separate agreement signed by both parties; (2) the estimate or confirmation for the specific work; (3) this Agreement; (4) website and advertising content, subject to Section 29.

Customer Conduct Policy

Ninja Plumbing, Heating & Air is owned and operated by Ian Furse, a seasoned HVAC professional with over two decades of hands-on installation, service, business management, and system-design experience. Over the years, Ian’s install methods, field processes, workflow systems, and customer service standards have been adopted and adapted by multiple successful HVAC companies throughout the industry.

This policy exists for one main reason:

To make sure every customer ends up comfortable and satisfied with their system — and every installer goes home safe, respected, and proud of the work they performed.

Who this policy covers. Throughout this policy, “installer,” “installation team,” and “crew” include every Ninja team member who works on your job or with you about it: installers, service technicians, plumbers, apprentices, dispatchers, customer service and office staff, managers, and the owner. The same respect, safety, access, non-interference, and delay-fee provisions apply whether the visit is an installation, a service or repair call, a maintenance visit, a trip to deliver or pick up equipment, or a phone, text, or email conversation with our office.

Clear expectations protect your home, your equipment, the installers on site, and the overall quality of the installation.

★ 1. Professional Background, Industry Expertise & “No HVAC School”

HVAC installation is not like becoming an electrician, a nurse, or an attorney. There is no four-year degree, trade school, or university that sends someone out the door as a “certified furnace installer” who is instantly ready for every real-world situation. There is no accredited, universal “HVAC Installation School” that teaches the thousands of combinations of equipment, home layouts, code requirements, and real-life problems that come up on a daily basis.

Instead, this trade is learned almost entirely in the field.

A new installer does not walk into a classroom, pass a multiple-choice test, and walk out ready to design and install comfort systems in real homes. They gain competency over time by:

• Riding along with experienced technicians
• Working on real homes with real ductwork, real structural limitations, and real code issues
• Learning to recognize problems that don’t exist in any manual
• Seeing how equipment behaves in 10°, 30°, 70°, and 100° weather
• Dealing with 20-year-old systems, 40-year-old construction, and “creative” prior work by other contractors

On top of that, every manufacturer does things slightly differently. Control boards, blower behaviors, ignition sequences, defrost strategies, refrigerant requirements, venting tables, and airflow specs all vary between brands and model families. An installer is not just learning “HVAC” — they are learning:

• The specific furnace and air handler lines your home is getting
• The specific condenser or heat pump model and its refrigerant charging rules
• The specific coil and metering device combination
• The specific thermostat and controls logic
• The specific local code requirements in Utah cities and counties

This is why real skill in HVAC installation takes years, not days.

Ninja Heating & Air’s installation standards and procedures were not pulled off a shelf. They are the result of Ian’s more than twenty years of:

• Installing systems in thousands of homes
• Diagnosing problems caused by poor prior installations
• Redesigning duct systems to actually move air correctly
• Fixing unsafe and non-compliant work left behind by others
• Training and mentoring other installers and companies on how to do it right

Many larger and successful HVAC companies have taken Ian’s processes and used them as a foundation for their own operations because they work in the real world, not just on paper. When Ninja Heating & Air sends an installation team to your home, they are not “figuring it out from scratch” — they are working within a proven framework that has been refined over decades and tested in thousands of situations.

This policy exists partly to explain that reality to homeowners:

HVAC is not plug-and-play. There isn’t a school that can prepare someone for every possible thing they will see in your house. Instead, Ninja relies on field-tested procedures, seasoned leadership, constant training, and a culture of asking questions and doing things the right way — not the fastest or easiest way.

★ 2. Installers Are Skilled Tradespeople — and They’re Human

Your installation team is made up of trained professionals who deal with:

• High-voltage electrical work
• Combustion safety and gas lines
• Pressurized refrigerants
• Heavy and sometimes awkward equipment
• Cutting, drilling, venting, and sealing
• Ductwork and airflow challenges
• Thermostat, controls, and safety systems

This is not simple “swap and plug it in” work. It is a combination of physical labor, technical knowledge, safety awareness, and problem-solving in an environment (your home) that is never exactly the same as the last one. Installers are not expected to stand in your utility room and give a physics lecture on refrigeration while also brazing lines, checking gas pressures, and wiring controls. Their role is to:

• Install the system safely
• Follow code and manufacturer instructions
• Use the company’s proven processes
• Keep the workspace clean and controlled
• Commission and test the system properly

They are human beings doing complex, skilled work. They do their best work when they are allowed to focus and are not constantly interrupted, second-guessed, or treated like they are doing something wrong simply because the process is unfamiliar to a homeowner.

★ 2A. Installer Skill Levels, Mentorship & Custom Field-Built Systems

Every trade has a mix of experience levels — HVAC is no different. Some installers are earlier in their careers; others have been doing this for decades. That does not mean the newer installer is unqualified or the seasoned installer never asks questions.

Ninja Heating & Air operates on a team-based, mentorship-driven model. That means:

• Installers are assigned to jobs based on their strengths, experience, and the complexity of the work.
• The company does not expect any one installer to know every single thing in HVAC. No one does.
• Even the most experienced technicians and installers frequently consult others: fellow installers, lead techs, manufacturers, or Ian himself.
• Picking up the phone or sending a picture to get another opinion is a sign of professionalism and humility, not incompetence.

If you see your installer calling someone to talk through an idea or confirm an approach, that is part of doing a good job — not a sign that they don’t know what they’re doing.

The same applies to service technicians. Time a technician spends on the phone or in the van with suppliers, distributors, manufacturers, or our office — checking part availability, confirming compatibility, pricing options, or getting a second opinion — is working time on your job. Much of it happens outside the house and off camera, and it is billed the same as time spent at the equipment when a job is billed by time (Terms Section 33).

On top of that, the majority of HVAC installations are custom, field-built systems. This is not like buying a fridge where everything stays inside a factory cabinet. Your system is assembled and connected to:

• Your existing duct system
• Your existing or upgraded electrical service
• Your gas lines
• Your venting pathways
• Your mechanical room or closet limitations
• Your attic or crawlspace conditions

Even when we know the equipment inside and out, every house behaves differently. Two identical systems in two different homes will:

• Sound different
• Move air differently
• Cycle differently
• Interact with ductwork differently
• Feel different in terms of airflow and temperature room-to-room

That is normal and expected. A properly installed system is built and tuned to work as well as possible within the realities of your house, not some idealized lab environment.

★ 3. Observing the Work vs. Interfering — and Why Delays & Fees Exist

Ninja Heating & Air wants customers to feel informed, respected, and comfortable with the work being done. It is perfectly reasonable to:

• Ask questions at appropriate times
• Request periodic updates
• Take a quick look at progress
• Talk through decisions with the lead installer or office

However, there is a very important line between observing and interfering.

Utah’s Model Residential Construction Contract states:

“OWNER may inspect the project at reasonable times; however, OWNER cannot interfere with the work.”

That is not an arbitrary rule — it exists because interference can create safety issues, slow progress, cause mistakes, and increase stress for everyone involved. Interference can be intentional or unintentional and includes things like:

• Standing so close to the work that the installer cannot move freely or safely
• Stopping the installer repeatedly in the middle of electrical, gas, or brazing tasks to talk
• Blocking access to the furnace, attic, crawlspace, electrical panel, or outdoor unit
• Refusing to allow required penetrations, venting paths, or code-required modifications
• Insisting the installer “do it this way instead” because a homeowner saw a different approach on another job or online
• Filming in a confrontational manner or using recording as a threat rather than a documentation tool

Installers are trained to stop work if the environment becomes unsafe, hostile, or unworkable. That is for your protection and theirs.

Delays & Fees

Ninja Heating & Air uses delay fees not as a punishment, but as a way to keep the schedule fair for every customer and to respect the time and safety of the installers.

If installers cannot continue working because of customer-caused interference or access problems, the following may apply:

• Standby: $250 per hour (1-hour minimum) when installers are stuck on site but unable to work productively due to issues caused by the customer.
• Demobilization: $500 minimum if the crew must pack up and leave the jobsite due to interference, unsafe conditions, or inability to proceed.
• Remobilization: $500 minimum when the crew has to return on another day to finish work interrupted by the customer.
• Schedule Disruption Fee: Applied when customer-caused delays force the company to push back or reschedule other customers who had reserved time slots in good faith.

Examples of situations that may lead to these fees include:

• Refusing access during the agreed window
• Blocking or denying use of required pathway, attic hatch, crawlspace, or mechanical room
• Preventing installers from performing code-required work
• Hovering and constantly interrupting to the point work cannot continue safely
• Creating an environment where installers do not feel safe or respected

If delays push the job into another day, the installation will be rescheduled into the next available opening. Other customers will not be impacted or bumped because of one job.

These policies exist to ensure that every customer gets the time, attention, and quality they deserve — without one job unfairly derailing the rest.

Before any delay fee is charged, the lead installer or office will tell the customer what is causing the delay and give a chance to fix it. Delay fees are billed only for documented time, and the Schedule Disruption Fee will be quoted in dollars before it is charged.

★ 4. Access Requirements & Work Environment

Before installers arrive and while they are working, the customer is responsible for making sure:

• There is a clear, safe path to the equipment, electrical panel, and thermostat.
• Attic and/or crawlspace access points are accessible and not blocked by storage.
• Work areas are reasonably clean and free from excessive clutter or hazards.
• Pets and children are kept safely away from tools, ladders, and work zones.
• There is sufficient lighting or permission to set up temporary lighting.

A clean, safe, and accessible work environment directly translates into better workmanship, less risk, and a smoother overall installation.

★ 5. Work Hours, Arrival Windows & Scheduling

HVAC work is affected by real-world variables such as:

• Supplier hours and material availability
• The complexity and unpredictability of previous jobs that day
• Traffic and weather
• Safety considerations on all jobs

For that reason, arrival times are given as windows, not exact minute-by-minute appointments. Your technician will text when on the way. During business hours we aim to arrive within 120 minutes of dispatch; if we miss the 120 Rule, your dispatch fee is waived as advertised. After-hours, weekend, and holiday calls, and any trip that requires opening a supply house outside its normal hours, carry the after-hours rates quoted to you before the trip.

★ 6. Trips You Request

Some jobs take more than one trip: picking up parts, delivering a loaner portable AC, returning after hidden damage is found, or meeting you somewhere. Each trip you request is part of the job. When a job is billed by time, drive time for trips you requested is billable, and we'll tell you before the trip if an after-hours or supply-house fee applies.

★ 7. Loaner Equipment

Portable AC units and other loaner equipment remain Ninja's property. We'll agree on a return time when we drop it off. Loaners not returned within 3 days of the job ending, or returned damaged, are billed at replacement cost.

★ 8. Respectful Communication Goes Both Ways

We'll treat you, your family, and your home with respect, and we ask the same for our team and office staff. Billing questions are handled in writing at support@ninjahvac.com so there's a clear record for both sides. Our technicians and office staff are not authorized to change a price after the fact; only management can, and any change will be confirmed in writing.

★ 9. Abusive or Threatening Behavior

Yelling, threats, profanity directed at our team, harassment, or unwanted physical contact will end the visit or call. If a visit ends for this reason, work performed and the trip are billed, and Ninja may decline future service.

★ 10. Pets, Weapons, and Other Hazards

Please keep pets secured away from work areas for the whole visit. Firearms and other weapons should not be left in work areas. If a technician can't work safely because of an animal or other hazard in the home, the visit may be rescheduled and the trip billed under Terms Section 40.

Communication Consent and Preferences

Types of Messages

When you provide your phone number through our advertising or lead forms (including our Facebook/Meta lead forms or our website) and opt in to text messages, you consent to receive text messages from Ninja Plumbing, Heating & Air about your service. Consent to receive these texts is not a condition of any purchase. These messages may include, but are not limited to:

• Lead & Quote Follow-Up: Responses to your inquiry, relevant service options, and follow-up on quotes you requested.
• Appointment Reminders & Updates: Scheduling, confirmations, reminders, and technician arrival updates for service you book.
• Informational Messages: Updates about your requests, account status, or general information about Ninja Plumbing, Heating & Air services.
• Approval Confirmations and Invoices: Confirmations of work you approve (Terms Section 38), estimates, invoices, and billing notices for work you requested. These are transactional messages about your job.

You may opt out of these messages at any time by replying STOP, by following the unsubscribe instructions in any message, or by contacting our customer care team. Reply HELP for assistance. If you opt out of text messages, approval confirmations and invoices will be sent by email instead.

Message Frequency

The frequency of messages you receive from Ninja Plumbing, Heating and Air may vary depending on your interactions with our services. Typically, you may receive up to two messages per appointment for reminders and confirmations. Service and account messages will be sent as needed, but we strive to limit their frequency to avoid inconvenience.

Message and Data Rates

Standard message and data rates may apply to text messages sent and received from Ninja Plumbing, Heating and Air, as determined by your mobile carrier. Please consult your mobile service provider for details regarding your plan and any applicable charges.

Customer Care Contact Information

For assistance with our services or communications, please contact our customer care team:

• Text: Reply "HELP" to any text message from Ninja Plumbing, Heating and Air for immediate assistance.
• Email: Reach out to support@ninjahvac.com for support or inquiries.
• Phone: Call our customer service line at (801) 997-8909, available Monday through Friday, 8:00 AM to 8:00 PM, and Saturday and Sunday, 9:00 AM to 5:00 PM MT.
• Text: Reply "STOP" to opt out at any time.

Changes to These Terms

Ninja Plumbing, Heating and Air reserves the right to update or modify these Terms and Conditions at any time. Any changes will be posted on this page, and continued use of our services constitutes acceptance of the revised terms. Changes do not apply to work approved before the change was posted (Terms Section 59).