Terms & Conditions of Sales & Service

1. Special-Order Items, Custom Fabrication & Returns

1.1 Definition of Special-Order Items
Special-order items include products not stocked in our inventory, items out of stock at the time of order, parts requiring custom fabrication or measurement, discontinued items sourced from third parties, or any product specifically ordered at customer request.

1.2 Non-Refundable Deposits
Upon customer approval, a deposit is required. All deposits for special-order and custom-fabricated items are non-refundable, as Jamison’s Chimney Service (“Company”) incurs direct financial liability to manufacturers, fabricators, or distributors immediately upon order placement.

1.3 Agency Relationship
The customer understands that the Company acts as an agent on behalf of the customer when procuring special-order items. Because manufacturers and distributors generally do not accept returns on custom or special-order products, the customer assumes full responsibility for product selection.

1.4 No Returns on Installed Products
Installed items—whether custom or standard—cannot be returned, removed, or refunded under any circumstances.

1.5 Optional Re-Sale Accommodation
At the Company’s sole discretion, and only upon written approval, we may attempt to re-sell a special-order item on behalf of the customer.
If approved:

a minimum 25% restocking fee will be applied.
shipping, crate, handling, packaging expenses, and administrative costs will be deducted from the customer’s deposit before any remaining amount is refunded.

Items must be returned within 30 days and in original, unused, resalable condition.

2. Warranty Coverage Policy

2.1 Warranty Repairs Require Upfront Payment
All warranty-related repairs require full payment in advance by the customer. Following completion, the Company will submit qualifying documentation to the manufacturer for reimbursement when applicable.

2.2 Manufacturer Reimbursement Limitations
Manufacturer reimbursements, when issued, rarely cover full repair, labor, travel, or administrative costs. Any reimbursement received by the Company will be forwarded to the customer less our standard service fee, and processing fees for administrative time, documentation, and warranty handling.

2.3 No Company Warranty
No warranty is offered or implied by the Company beyond the manufacturer’s published warranty. The Company does not guarantee performance, longevity, safety, or condition of any appliance, venting system, chimney, or structural component.

3. Cancellation Policy

3.1 Appointment Changes
We are happy to reschedule service appointments with at least 24 hours advance notice.

3.2 Fees for Short-Notice Cancellation
Cancellations with less than 24 hours notice will incur a $50 cancellation fee.

3.3 On-Site Arrival Cancellation
If the technician has already traveled to the site, a minimum fee of $50 plus travel expenses will be charged, regardless of whether work is performed.

4. On-Site Service Agreement & Site Usage Agreement

4.1 Inspection Limitations
The customer understands and agrees:

All inspections are visual only, limited to the scope of work contracted, and limited by accessibility.
Hidden, concealed, inaccessible, or latent defects may exist and are not the responsibility of the Company.
No guarantee or warranty of safety, performance, or structural integrity is expressed or implied.

4.2 NFPA Standards
NFPA 211 requires annual inspection of all chimneys, fireplaces, stoves, and venting systems. The customer acknowledges their responsibility to visually inspect their chimney, fireplace, stove, and venting system prior to each use. The customer assumes all associated risks, and agrees to use their heating and venting system responsibly.

4.3 Assumption of Risk
The customer accepts full responsibility for use of any chimney, fireplace, stove, insert, venting system, or heating appliance following inspection or service. If the Company issues a Do Not Use notice, continued use is not recommended and solely at the customer’s risk and responsibility.

4.4 Errors & Omissions Limitation
The Company’s liability for any errors or omissions is expressly limited to the total amount of the service fee paid for the inspection in question. We do not assume responsibility for conditions that are not visible or accessible at the time of inspection. Inspection services are limited to the scope of work agreed upon at the time of service. By engaging our services, the client acknowledges and agrees that the Company's liability is strictly limited to the service fee paid.

4.5 Virtual Assessment, Photo Submission, & Phone Consultation Service: Liability Limitation & Disclaimer
Jamison’s Chimney Service offers complimentary virtual assessments and phone consultation services for our customers. This service involves customers submitting photos and details of their chimney, fireplace, and/or heating system for preliminary review. The advice or recommendations provided during this virtual consultation are informational only and do not constitute a formal inspection or professional service.

The customer acknowledges that:

All virtual assessments are based solely on the photos and information provided and may not identify hidden, latent, or structural issues.
Recommendations given are general and should not be relied upon as a substitute for an in-person inspection or professional evaluation.
Jamison’s Chimney Service assumes no liability for errors and omissions or any decisions made by the customer based on this free consultation.
Jamison's Chimney Service recommends professional inspections be performed in conjunction with our complimentary virtual assessments and phone consultation services.

By using this service, the customer agrees to hold Jamison’s Chimney Service, its employees, and subcontractors harmless from any claims, damages, or liabilities arising out of the use of this complimentary service.

5. Hold Harmless, Indemnification & Legal Remedies

5.1 Indemnification Clause
The customer agrees to indemnify, defend, and hold harmless Jamison’s Chimney Service, its owners, employees, and subcontractors from all subrogation claims, damages, losses, injuries, liabilities, attorney fees, and legal expenses associated with contracted services and sales. We are not responsible for:

improper maintenance or use of the chimney or appliance,
pre-existing defects, UL listing violations
failure to follow recommendations,
customer-directed deviations,
modifications by others, or
third-party installations.

5.2 Subrogation Waiver
The customer waives all rights of subrogation, meaning insurance companies may not pursue reimbursement from the Company, it's owners, employees, and subcontractors for any reason.

5.3 Prevailing Party Clause
In any legal dispute, the prevailing party shall recover reasonable attorney fees, court costs, disbursements, and expenses incurred in enforcing contracted service agreements.

6. Ownership of Photos, Reports & Documentation

All inspection photos, videos, reports, quotes, drawings, measurements, and project documentation remain the exclusive property of Jamison’s Chimney Service.

The Company retains the right to use photo, video, and documentation materials for:

training,
marketing,
advertising,
educational materials, and
internal quality control.

7. Illinois Home Repair & Remodeling Act (815 ILCS 513) Consumer Notice

In accordance with the Illinois Home Repair & Remodeling Act (815 ILCS 513), Jamison’s Chimney Service provides the following disclosures and contractual rights notification to all residential customers. A printed copy is available upon request. The following link to the “Home Repair: Know Your Consumer Rights” brochure (published by the Illinois Attorney General’s Office) provides a copy of the brochure before entering into a contract. Please click the following link to download the brochure and retain a copy for your records.

https://illinoisattorneygeneral.gov/Page-Attachments/HomeRepairKnowYourConsumerRights.pdf

8. Severability Clause

If any provision of this agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the agreement and the remaining provisions shall continue in full force and effect as if the invalid or unenforceable part had never existed.

9. Acceptance of Terms & Conditions

By submitting a service request, signing our inspection report/receipt, or allowing work to commence, the customer binds themselves to these Terms & Conditions of Sales and Service and acknowledges:

They have read and understand the disclosures, consumer notifications, and Terms & Conditions,
They agree to all policies stated herein, and
This agreement governs all services and sales provided by the Company.

These Terms & Conditions shall apply to all current and future contracted sales and services, and supersedes all verbal communications. In the event of conflict, executed written contracts shall prevail.