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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

★ 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 appoint

Communication Consent and Preferences

Types of Messages

By providing your contact information, including your phone number or email address, you consent to receive communications from Ninja Plumbing, Heating and Air. These communications may include, but are not limited to:

• Appointment Reminders: Notifications regarding upcoming service appointments, including date, time, and technician details.

• Informational Messages: Updates about your service requests, account status, or general information about Ninja HVAC services.

• Marketing Messages: Promotions, discounts, and special offers related to Ninja Plumbing, Heating and Air products and services.

You may opt out of marketing messages at any time by following the unsubscribe instructions provided in the message or by contacting our customer care team.

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. Marketing and informational 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 [email protected] for support or inquiries.

• Phone: Call our customer service line at (801) 997-8909, available Monday through Friday, 9:00 AM to 5:00 PM CST.

• 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.