Terms of Service

Last Updated: February 4, 2026


IMPORTANT NOTICE: These Terms of Service ("Terms") govern all business relationships, contracts, and transactions between Modern Energy ("Company," "we," "us," or "our") and customers ("Customer," "Purchaser," "you," or "your"). By accepting our proposal, signing any agreement, or allowing work to commence, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.


1. RIGHT TO CANCEL

YOU MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE EFFECTIVE DATE. TO CANCEL THIS TRANSACTION, YOU MUST DELIVER A SIGNED AND DATED WRITTEN CANCELLATION NOTICE TO MODERN ENERGY AT THE ADDRESS SPECIFIED IN YOUR CONTRACT.


Cancellation notices must be received by the deadline to be effective. Cancellations after this period are subject to the terms outlined in Section 12 below.


2. PAYMENT TERMS


  1. Standard Payment Schedule: Payment for all work is due as follows: thirty percent (30%) deposit upon contract acceptance, and seventy percent (70%) upon delivery of equipment and commencement of installation. Payment is required before work begins unless otherwise agreed in writing.
  2. Payment Methods: Payments may be made by check, credit card, bank transfer, or other methods approved by Modern Energy. All payments are non-refundable except as expressly provided in these Terms.
  3. Late Payment: Any amounts not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less, from the due date until paid in full.
  4. Collection Costs: Customer is responsible for all costs and reasonable attorney fees incurred by Modern Energy in connection with any action, proceeding, arbitration, appeal, or collection effort arising out of this contract, including collection of any outstanding amounts due, whether or not legal action is filed.


3. SCOPE OF WORK AND MODIFICATIONS


  1. Change Orders: Any alterations, deviations, additions, or deletions from the specified scope of work, including any extra or incidental work, must be documented in a written change order signed by both parties prior to implementation. Any resulting increase or decrease in the contract price will be reflected in the change order.
  2. Additional Work Approval: Modern Energy is not obligated to perform any work beyond the original scope without a signed change order. Payments for approved additional work will be handled according to a separate payment schedule agreed upon in writing by both parties and are due upon completion of such additional work.
  3. Scope Interpretation: The original contract includes only the specific equipment and services expressly listed. Unless explicitly stated, the following are excluded: removal or disposal of existing equipment, repair of preexisting conditions, modification of existing structures, upgrade of electrical panels or wiring not directly related to the installed equipment, and any work required to address code violations not created by Modern Energy's installation.


4. WARRANTIES AND GUARANTEES


  1. Materials and Workmanship: All materials furnished by Modern Energy are guaranteed to meet specified requirements, and all work will be executed in a professional manner according to standard industry practices and applicable building codes.
  2. Labor Warranty: Modern Energy provides a one-year labor warranty on installed equipment and work performed, excluding routine maintenance, filter replacements, cleaning, and any damage caused by customer misuse, neglect, or failure to maintain the equipment as recommended by the manufacturer.
  3. Manufacturer Warranties: All equipment warranties are provided directly by the equipment manufacturer. Modern Energy makes no independent warranties regarding equipment beyond those provided by the manufacturer. Customer is responsible for registering equipment warranties with manufacturers as required.
  4. Exclusions from Warranty: No warranties are provided for existing equipment, ductwork, electrical systems, structural components, or other materials not supplied and installed by Modern Energy. Modern Energy is not responsible for the performance, compatibility, or condition of any preexisting systems or materials.
  5. Warranty Service Hours: All warranty work will be performed during normal business hours: Monday through Friday, 8:00 AM to 4:30 PM, excluding holidays. Emergency or after-hours service requests may be accommodated at Modern Energy's discretion and may incur additional charges.
  6. Warranty Limitation: The warranties provided herein are the sole and exclusive warranties offered by Modern Energy. MODERN ENERGY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


5. CUSTOMER RESPONSIBILITIES


  1. Property Access: Customer must provide safe, reasonable, and timely access to the property for purposes of performing the work, including access to electrical panels, installation areas, and storage for equipment and materials. Failure to provide adequate access may result in project delays and additional charges.
  2. Insurance: Customer must maintain adequate property insurance, including but not limited to fire, storm, and other necessary coverage for the property. Modern Energy maintains workers' compensation insurance for all employees.
  3. Permits and Approvals: Unless otherwise specified in writing, Customer is responsible for obtaining all necessary permits, inspections, and approvals required for the work. Modern Energy will provide reasonable assistance in this process, but ultimate responsibility rests with the Customer. Any delays caused by permit or approval processes are not the responsibility of Modern Energy.
  4. Electrical and Building Code Compliance: Any issues identified by electrical inspectors, building inspectors, or other authorities that are not covered by the original scope of work will incur additional costs. Customer is responsible for ensuring that all preexisting conditions meet current code requirements before work begins.
  5. Site Conditions and Hazardous Materials: Customer is responsible for disclosing all known site conditions that may impact the work, including but not limited to asbestos, lead paint, mold, structural deficiencies, or other hazardous materials. Customer is responsible for all costs associated with the removal, remediation, repair, or disposal of any asbestos-containing material or other hazardous substances discovered on the property, and work will be suspended until such materials are properly addressed by qualified specialists.
  6. Property Protection: While Modern Energy will take reasonable precautions to protect Customer's property, Customer is responsible for removing or protecting valuable items, furniture, and personal property in work areas. Modern Energy is not responsible for damage to items not removed from work areas.
  7. Structural and Cosmetic Repairs: Any repair work to walls, ceilings, floors, or other structures resulting from electrical or HVAC installation work is Customer's responsibility unless specifically included in the contract. If Customer requests specialized installation methods (such as lineset installation behind walls), Modern Energy will not be liable for any drywall damage, cosmetic issues, condensation-related problems, or repairs required as a result of such installation methods.


6. LIABILITY LIMITATIONS


  1. Limitation of Liability: Modern Energy's total liability for any claim arising out of or related to this contract, whether based on contract, tort, strict liability, or any other legal theory, is limited to the total amount paid by Customer under this contract. This limitation applies regardless of the nature of the claim and whether Modern Energy has been advised of the possibility of such damages.
  2. Exclusion of Consequential Damages: In no event shall Modern Energy be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost business opportunities, property damage beyond the work site, or costs of temporary housing or alternative arrangements, even if Modern Energy has been advised of the possibility of such damages.
  3. Preexisting Conditions: Modern Energy is not responsible for preexisting site conditions, defects in existing systems, or latent defects that may impact or be revealed by the work, unless such conditions were specifically identified in writing and agreed upon prior to the start of work.
  4. Third-Party Products and Services: Modern Energy is not liable for defects in equipment manufactured by third parties, delays caused by third-party suppliers, or performance issues resulting from equipment design or manufacturing defects.


7. PROJECT TIMELINE AND DELAYS


  1. Schedule Estimates: Any project timeline or completion date provided is an estimate only and not a guarantee. Modern Energy will make reasonable efforts to complete work in a timely manner but is not liable for delays.
  2. Force Majeure: All agreements and timelines are contingent upon circumstances beyond Modern Energy's reasonable control, including but not limited to acts of God, fire, flood, earthquake, severe weather, pandemic, strikes, labor disputes, material shortages, supplier delays, government actions, utility outages, accidents, or any other delays impacting this project or Modern Energy's other operations. In the event of force majeure, Modern Energy's contract obligations may be suspended, extended, or adjusted accordingly without liability.
  3. Customer-Caused Delays: Delays caused by Customer's failure to provide access, obtain permits, make timely decisions, or fulfill other obligations may result in additional charges and revised project timelines.


8. SAFETY AND COMPLIANCE


All work will be performed in compliance with applicable federal, state, and local safety regulations and building codes in effect at the time of installation. Customer acknowledges that code requirements may change and that Modern Energy's work complies with codes in effect at the time of installation only.


9. INTELLECTUAL PROPERTY AND MARKETING


  1. Marketing Rights: Customer grants Modern Energy the right to photograph and video record the property and installed equipment at all stages of equipment installation and to use this content for marketing, promotional, and business purposes, including but not limited to website content, social media, advertising, case studies, and promotional materials.
  2. Personal Image Rights: No photographs or videos that include identifiable images of Customer or any inhabitants of the property will be used for marketing purposes without establishing prior verbal or written permission from the individuals depicted.
  3. Project Reference: Customer grants Modern Energy the right to use Customer's project as a reference for prospective customers, including disclosing the general nature and scope of work performed, unless Customer specifically requests confidentiality in writing.


10. TERMINATION


  1. Termination for Cause: Either party may terminate this contract upon written notice if the other party materially breaches any term or condition and fails to cure such breach within ten (10) business days of receiving written notice specifying the breach.
  2. Effect of Termination: Upon termination, Customer shall immediately pay Modern Energy for all work completed, materials ordered or delivered, and reasonable costs incurred up to the date of termination, including applicable cancellation fees as specified in Section 12.


11. INCLUDED SERVICES


Each contract or proposal includes only the specific equipment and installation services expressly listed in that document. Unless explicitly stated in the contract, services do not include demolition, disposal of existing equipment, structural modifications, electrical panel upgrades, or repairs to preexisting conditions. This provision clarifies the scope of "installation of all specified equipment" referenced in the contract.


12. CANCELLATION POLICY


  1. Three-Day Right to Cancel: Subject to the cancellation right described in Section 1 above, you may cancel without penalty within three business days of contract execution.
  2. Cancellation Fees: Cancellation of the contract after the three-day cancellation period but before the scheduled installation date will result in a twenty percent (20%) restocking and administrative fee based on the contract value. Cancellation on the scheduled installation date or after installation has commenced will result in a thirty percent (30%) fee, plus payment for all work completed and materials delivered or ordered.
  3. Special Order Items: Custom or special-order equipment that cannot be returned to suppliers may result in additional cancellation charges beyond the standard restocking fee, up to the full cost of such items.


13. DISPUTE RESOLUTION


  1. Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this contract, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved through final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, rather than through a jury trial or court action.
  2. Arbitration Location and Costs: The arbitration shall take place in Worcester County, Massachusetts. Each party shall bear its own attorney fees and costs, and the parties shall share equally the fees and costs of the arbitrator, unless the arbitrator determines otherwise based on the outcome.
  3. Arbitration Decision: The arbitrator's decision shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  4. Waiver of Class Actions: BOTH PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN MODERN ENERGY AND CUSTOMER INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.


14. GENERAL PROVISIONS


  1. Entire Agreement: This document, together with any signed contract or proposal, constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements, whether written or oral. No modification or amendment to these Terms shall be effective unless in writing and signed by authorized representatives of both parties.
  2. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
  3. Waiver: The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it in the future.
  4. Assignment: Customer may not assign or transfer this contract without Modern Energy's prior written consent. Modern Energy may assign this contract to any affiliated entity or successor in interest.
  5. Governing Law: These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
  6. Notice: All notices required or permitted under these Terms shall be in writing and delivered to the addresses specified in the contract, or such other addresses as either party may designate in writing.
  7. Survival: Provisions related to payment obligations, warranties, liability limitations, dispute resolution, and intellectual property shall survive termination or completion of this contract.
  8. Privacy: Modern Energy's collection, use, and protection of customer information is governed by our Privacy Policy, which is available on our website and incorporated herein by reference.


15. ACKNOWLEDGMENT AND ACCEPTANCE



BY SIGNING A CONTRACT OR PROPOSAL, ACCEPTING OUR SERVICES, OR ALLOWING WORK TO COMMENCE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE IN THEIR ENTIRETY, AND YOU AGREE TO BE BOUND BY ALL PROVISIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN ANY CONTRACT OR ALLOW ANY WORK TO BEGIN.