KEATING CO. – TERMS OF SERVICE & WARRANTY AGREEMENT

1. WORKMANSHIP WARRANTY

Keating Co. provides a limited workmanship warranty for a period of one (1) year from the date of substantial completion of the project. This warranty applies strictly to labor and installation services performed directly by Keating Co.

During this warranty period, Keating Co. will, at its sole discretion, repair or correct issues determined to be the direct result of defective workmanship at no labor cost to the client. Determination of whether a condition constitutes a workmanship defect shall be made by Keating Co. following inspection of the reported issue.

This workmanship warranty does not cover:

  • Damage caused by misuse, abuse, neglect, accidents, vandalism, or improper maintenance

  • Normal wear and tear or environmental exposure

  • Damage caused by acts of nature, weather conditions, soil movement, flooding, fire, or other events beyond Keating Co.’s control

  • Work altered, modified, repaired, or serviced by parties other than Keating Co.

  • Existing conditions, pre-existing systems, or hidden defects not visible at the time of installation

Warranty coverage may be suspended or voided if payment obligations are not satisfied in accordance with this agreement.

2. PARTS, MATERIALS & MANUFACTURER WARRANTIES

All parts, materials, fixtures, and equipment supplied by Keating Co. are subject to applicable manufacturer warranties and product-specific limitations.

Manufacturer warranties shall remain the primary source of coverage for defective products or materials. Keating Co. does not independently guarantee or extend manufacturer warranty coverage and shall not be responsible for manufacturer limitations, exclusions, delays, denials, or discontinued products.

Where materials or components supplied and installed by Keating Co. experience premature failure directly resulting from verified installation error or confirmed manufacturing defect, Keating Co. may, at its sole discretion, repair or replace the affected item at no or minimal additional cost to the client.

Replacement materials may vary slightly in appearance, finish, color, or model due to manufacturer availability or product changes.

3. WARRANTY SERVICE CALLS

All warranty claims are subject to inspection and verification by Keating Co. prior to approval of repair or replacement.

Service calls determined by Keating Co. to involve valid workmanship defects or covered installation-related issues during the active warranty period will not incur a service charge.

If inspection determines that the issue is unrelated to workmanship, outside the warranty period, caused by excluded conditions, or otherwise non-warrantable, the visit shall be treated as a billable service call at standard rates.

4. NON-WARRANTY SERVICE & ADDITIONAL WORK

The following services are specifically excluded from workmanship warranty coverage and shall be billed at standard service rates:

  • Diagnostic or troubleshooting visits

  • Repairs involving systems, materials, or components not supplied or installed by Keating Co.

  • Maintenance services

  • Additions, upgrades, modifications, or alterations to existing systems

  • Repairs resulting from third-party damage, misuse, neglect, or environmental conditions

  • Service requests made after expiration of the one (1) year workmanship warranty period

All non-warranty work is billable, including labor, materials, equipment, disposal fees, and travel time where applicable.

Any work outside the original agreed scope shall constitute additional work and may require written approval and additional charges prior to commencement.

5. DEPOSITS, MATERIALS & PAYMENT TERMS

A deposit covering materials, equipment, scheduling, or project mobilization may be required prior to commencement of work. Required deposit amounts shall be determined based on project scope and material requirements.

Unless otherwise agreed in writing, the remaining balance shall be due in full immediately upon substantial completion of the project. Substantial completion is defined as the point at which contracted work has been substantially finished and made operational for its intended use.

Invoices not paid within ten (10) days of completion may accrue a late fee of 1.5% per month or the maximum amount permitted by applicable law, whichever is less.

Client agrees to pay all reasonable collection costs, attorney fees, and administrative expenses incurred by Keating Co. in the collection of unpaid balances.

All materials, equipment, and installed components shall remain the property of Keating Co. until paid for in full.

Failure to remit payment as agreed may result in suspension of warranty coverage, delay of service, removal from scheduling priority, and/or additional collection actions.

6. EXCAVATION, DIGGING & UTILITY RESPONSIBILITY

If the project includes excavation, trenching, digging, boring, grading, or any soil disturbance, the client is strongly advised and expected to contact 811 or visit 811beforeyoudig.com prior to commencement of work to request underground utility location services.

Utility locating services assist in identifying underground infrastructure including, but not limited to:

  • Gas lines

  • Electrical lines

  • Water lines

  • Sewer systems

  • Irrigation systems

  • Communication and data cables

If utility locate services are not obtained prior to excavation, the client acknowledges and accepts the increased risk of underground utility or property damage.

Keating Co. shall not be responsible for damages, repair costs, project delays, or losses arising from unmarked, inaccurately marked, abandoned, private, or concealed underground utilities unless caused solely by the gross negligence or willful misconduct of Keating Co.

The client shall remain responsible for identifying privately installed lines or systems not included in public utility locate services.

7. INSPECTION, DETERMINATION & LIMITATION OF LIABILITY

All warranty claims, service determinations, and coverage decisions are subject to inspection and final determination by Keating Co.

Keating Co. reserves the right to classify reported issues as any of the following:

  • Workmanship-related and covered under warranty

  • Manufacturer or material-related

  • Resulting from misuse, neglect, environmental conditions, improper maintenance, or third-party interference

  • Normal wear and tear

  • Non-warranty maintenance or service

To the fullest extent permitted by law, Keating Co. shall not be liable for indirect, incidental, special, consequential, or secondary damages, including but not limited to:

  • Loss of use

  • Loss of business

  • Loss of revenue

  • Loss of property value

  • Project delays

  • Water intrusion

  • Damage to surrounding finishes or structures

  • Temporary interruption of utilities or services

Keating Co.’s total liability for any claim relating to services performed shall not exceed the total amount paid by the client for the specific work giving rise to the claim.


8. PROJECT ACCESS & SITE CONDITIONS

The client agrees to provide Keating Co. with safe and reasonable access to the project site during normal business hours for purposes of installation, inspection, repair, and warranty service.

Keating Co. shall not be responsible for delays, damages, or additional costs caused by unsafe working conditions, restricted access, animals, hazardous materials, or concealed site conditions.

Additional labor or materials required due to unforeseen site conditions may result in additional charges.

9. CHANGE ORDERS & SCOPE MODIFICATIONS

Any requested work beyond the original agreed scope, including modifications, upgrades, redesigns, relocation of installed items, or additional labor and materials, may require a written change order and additional charges.

Verbal approvals, text messages, email confirmations, or on-site authorization by the client may be treated as approval to proceed with additional work.

10. DELAYS & FORCE MAJEURE

Keating Co. shall not be responsible for delays in scheduling, completion, or warranty service caused by circumstances beyond its reasonable control, including but not limited to:

  • Weather conditions

  • Material shortages

  • Manufacturer delays

  • Utility interruptions

  • Permit delays

  • Labor shortages

  • Natural disasters

  • Government actions

  • Acts of God

  • Supplier or subcontractor delays

Estimated project timelines are approximate and not guaranteed.

11. PHOTO & PROJECT DOCUMENTATION RELEASE

Unless otherwise requested in writing by the client, Keating Co. may photograph or document completed work for internal records, warranty documentation, licensing compliance, training, or marketing purposes.

Keating Co. agrees not to disclose confidential client information or personally identifying information without consent.

12. GOVERNING LAW

This agreement shall be governed and interpreted in accordance with the laws of the State of Arizona.

Any legal dispute arising from services performed by Keating Co. shall be brought exclusively in the appropriate courts located within the State of Arizona.

13. ACCEPTANCE OF TERMS

By approving an estimate, signing a proposal, submitting payment, or authorizing work to begin, the client acknowledges that they have read, understood, and agreed to these Terms of Service & Warranty Agreement.