Terms of Service

1. Acceptance of Terms

Welcome to Adirondack Hearth, Home & More. By engaging our services, visiting our showroom, using our website, or providing your contact information, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Adirondack Hearth, Home & More ("Company," "we," "our," or "us").

2. Services Provided

Adirondack Hearth, Home & More provides hearth, fireplace, stove, and chimney services throughout the Capital District and Adirondack region of New York, including:

• Product Sales: Fireplaces, stoves, inserts, gas logs, and related hearth products
• Professional Installation: Installation of hearth products, venting systems, and gas lines
• Maintenance Services: Cleaning, inspection, and preventive maintenance
• Repair Services: Diagnosis and repair of hearth equipment
• Safety Inspections: Chimney and venting system inspections
• Custom Stonework: Custom hearth surrounds, mantels, and architectural stonework
• Consultation Services: Expert advice and design consultations

All services are subject to availability, scheduling, and our professional assessment of feasibility and safety.

3. Service Area

We provide services in the following areas of New York State:

• Amsterdam & Montgomery County
• Albany & Capital District
• Saratoga Springs & Saratoga County
• Glens Falls & Warren County
• Lake George & surrounding communities
• Additional areas within the Adirondack region (contact us to confirm availability)

Service availability may vary by location. Service calls outside our primary service area may be subject to additional travel fees. Contact us at (518) 843-9276 to confirm service availability in your specific location.

4. Appointments and Scheduling

4.1 Scheduling

Appointments must be scheduled in advance by phone, website form, or text message. We will confirm all appointments and provide an estimated arrival window.

4.2 Appointment Windows

We typically provide 2-hour appointment windows. Our technician will contact you when en route to provide a more precise arrival time.

4.3 Cancellations and Rescheduling

If you need to cancel or reschedule an appointment, please provide at least 24 hours notice by calling (518) 843-9276. Cancellations with less than 24 hours notice may be subject to a cancellation fee.

4.4 Weather and Emergency Conditions

We reserve the right to reschedule appointments due to severe weather, emergency situations, or other circumstances beyond our reasonable control. We will notify you as soon as possible if rescheduling is necessary.

4.5 Access Requirements

You are responsible for providing safe and reasonable access to the work area, including clearing pathways and providing adequate workspace. Additional fees may apply if access conditions require extra time or equipment.

5. SMS/Text Message Communications

5.1 Opt-In Consent

By providing your mobile phone number and consenting to receive text messages (via checkbox, verbal consent, or text reply), you agree to receive SMS messages from Adirondack Hearth, Home & More, including:

• Appointment Reminders: Confirmations and reminders for scheduled service visits
• Service Updates: Technician arrival notifications, service completion updates, and follow-up communications
• Safety Notifications: Maintenance alerts, safety recalls, and important service notices
• Customer Service: Responses to your inquiries and questions
• Promotional Messages: Seasonal tips, special offers, and marketing communications (only if you separately opt in to marketing messages)

5.2 Consent Not Required

Consent to receive text messages is NOT required to purchase goods or services from us. You may decline SMS communications and still receive full service via phone or email.

5.3 Message Frequency

Message frequency varies based on your service appointments and communication preferences. You can expect approximately:

• Appointment Messages: 1-3 messages per scheduled appointment (confirmation, reminder, arrival notification)
• Marketing Messages: 1-4 messages per month for seasonal tips and special offers (only if opted in)
• Service Notifications: As needed for safety alerts or maintenance reminders

5.4 Message and Data Rates

Message and data rates may apply based on your mobile carrier plan. We do not charge for text messages, but your wireless carrier may charge you for messages sent and received according to your plan.

5.5 Supported Carriers

Our SMS service is available on major U.S. carriers including AT&T, T-Mobile, Verizon, Sprint, and others. Service may not be available on all carriers or prepaid plans. For carrier compatibility questions, contact your wireless provider.

5.6 Opt-Out Rights

You may opt out of SMS messages at any time by:

• Replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT to any message
• Contacting us at (518) 843-9276
• Sending an email to Sacstove@ymail.com requesting to be removed from SMS communications

After you opt out, you will receive one final confirmation message, and then no further messages will be sent to your mobile number. Opting out of SMS will not affect your service appointments or other communication methods (phone, email).

5.7 Help and Customer Support

For help with SMS communications, you may:

• Reply HELP to any message
• Call us at (518) 843-9276
• Email us at Sacstove@ymail.com

Our customer support hours are Monday-Friday 9:00 AM - 5:00 PM, Saturday 10:00 AM - 2:00 PM (Eastern Time).

5.8 Privacy and Data Use

Your mobile number and message content are subject to our Privacy Policy available at adkhearth.com/privacy-policy. We do not share your mobile number with third parties for their marketing purposes. We use GoHighLevel as our SMS platform provider under strict confidentiality agreements.

5.9 SMS Service Disclaimer

We make no warranty that SMS services will be uninterrupted, timely, secure, or error-free. Message delivery depends on mobile carrier networks and other factors beyond our control. We are not liable for:

• Delayed or undelivered text messages
• Mobile carrier charges or fees
• Damages arising from SMS communication failures or delays
• Third-party interception of messages
• Device compatibility issues or technical limitations

6. Pricing and Payment

6.1 Estimates and Quotes

Estimates provided are approximate and may change based on actual conditions, unforeseen complications, or changes to project scope. Final pricing will be confirmed before work begins.

6.2 Payment Terms

Payment terms will be specified in your service agreement or invoice. We accept the following payment methods:

• Cash
• Check
• Credit/Debit Cards (Visa, Mastercard, Discover, American Express)
• Financing options (subject to credit approval through third-party lenders)

6.3 Deposits

For installation projects and custom work, we may require a deposit before work begins. Deposit amounts and refund policies will be specified in your service agreement.

6.4 Late Payments

Payments are due as specified on your invoice. Late payments may be subject to interest charges and collection fees as permitted by law.

7. Permits and Code Compliance

7.1 Building Permits

We will advise you if building permits are required for your project. Unless otherwise agreed in writing, obtaining permits is the customer's responsibility. We can assist with permit applications for an additional fee.

7.2 Code Compliance

All installations will be performed in accordance with applicable local, state, and national codes, including:

• National Fire Protection Association (NFPA) standards
• International Residential Code (IRC)
• Manufacturer installation requirements
• Local building codes and ordinances

7.3 Inspections

You are responsible for scheduling any required building inspections with your local code enforcement office. We will coordinate with inspectors and correct any cited deficiencies related to our work at no additional charge.

8. Warranties and Guarantees

8.1 Workmanship Warranty

We warrant that all services will be performed in a professional and workmanlike manner in accordance with industry standards. Our labor warranty covers:

• Installation Work: 1-year warranty on workmanship
• Repair Services: 90-day warranty on labor
• Custom Stonework: 2-year warranty on installation and structural integrity

8.2 Product Warranties

Products are covered by manufacturer warranties, which vary by brand and product type. We will provide you with all warranty documentation and assist with warranty claims. We are not responsible for manufacturer defects or warranty limitations.

8.3 Warranty Exclusions

Our warranties do not cover:

• Damage due to misuse, neglect, abuse, or improper operation
• Failure to follow manufacturer maintenance requirements
• Normal wear and tear
• Acts of God, fire, flood, lightning, or other disasters
• Modifications or repairs made by others
• Damage caused by improper fuel or unauthorized accessories
• Cosmetic issues that do not affect function

8.4 Warranty Claims

To make a warranty claim, contact us at (518) 843-9276 within the warranty period. We will evaluate the issue and determine appropriate resolution, which may include repair, replacement, or refund at our discretion.

8.5 DISCLAIMER OF IMPLIED WARRANTIES

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitation of implied warranties, so this disclaimer may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary by state.

9. Limitation of Liability

9.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

9.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, or data
• Property damage not directly caused by our negligence
• Personal injury not directly caused by our negligence
• Delays or failures due to circumstances beyond our reasonable control (force majeure)
• Damage to concealed systems, structures, or utilities not reasonably discoverable

9.3 SMS Communications Liability

We are not liable for:

• Delayed or undelivered text messages due to carrier network issues
• Mobile carrier charges incurred by you
• Damages arising from SMS communication failures
• Interception of messages by third parties
• Device compatibility issues or technical limitations

9.4 Exceptions

Nothing in these Terms limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be excluded or limited by law

10. Customer Responsibilities

10.1 Accurate Information

You agree to provide accurate and complete information regarding your property, existing systems, and project requirements.

10.2 Access and Workspace

You are responsible for:

• Providing safe and reasonable access to work areas
• Clearing pathways and work areas of furniture and belongings
• Securing pets during service visits
• Notifying us of any known hazards (asbestos, lead paint, etc.)
• Ensuring adequate electrical power and water access if needed

10.3 Homeowner Permits

Unless otherwise agreed, you are responsible for obtaining necessary permits and approvals from homeowner associations, landlords, or other authorities.

10.4 Maintenance

You are responsible for performing routine maintenance as recommended by the manufacturer and our technicians. Failure to maintain equipment may void warranties and create safety hazards.

11. Cancellation and Refund Policy

11.1 Service Cancellations

Service appointments may be cancelled with at least 24 hours notice without penalty. Cancellations with less than 24 hours notice may be subject to a cancellation fee of up to $100.

11.2 Project Cancellations

If you cancel a project after work has commenced, you will be responsible for:

• All work completed to date
• Materials ordered or purchased
• Reasonable restocking fees for returned materials

11.3 Refunds

Refunds will be issued in accordance with your service agreement and applicable law. Deposits may be non-refundable for custom orders or special-order products.

12. Dispute Resolution

12.1 Good Faith Negotiations

If a dispute arises, we encourage you to contact us first to resolve the matter informally. We are committed to addressing customer concerns promptly and fairly.

12.2 Mediation

If informal resolution is unsuccessful, both parties agree to attempt mediation before pursuing legal action. Mediation costs will be shared equally.

12.3 Small Claims Court

Either party may bring an action in small claims court for disputes within the court's jurisdiction.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any legal action arising from these Terms or our services shall be brought exclusively in the courts of Montgomery County, New York, or federal courts located in the Northern District of New York.

14. Indemnification

You agree to indemnify and hold harmless Adirondack Hearth, Home & More, its owners, employees, and contractors from any claims, damages, or expenses arising from:

• Your misuse or negligent use of installed equipment
• Your failure to maintain equipment as required
• Inaccurate information provided by you
• Your violation of these Terms or applicable laws
• Work performed by other contractors on systems we installed

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with any written service agreements, estimates, or invoices, constitute the entire agreement between you and Adirondack Hearth, Home & More regarding our services. These Terms supersede all prior oral or written communications.

17. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be effective upon posting to our website with an updated "Last Updated" date. We will notify customers of significant changes via email or SMS (if opted in). Your continued use of our services after changes constitutes acceptance of the updated Terms.

18. Contact Information

If you have questions about these Terms of Service, please contact us: