Terms Of Conditions

1. Agreement to Terms

These Terms and Conditions (“Terms”) govern your use of the website located at midwestchimneyspecialists.com (the “Site”) and any services provided by Midwest Chimney Specialists, LLC (“Midwest Chimney Specialists,” “we,” “us,” or “our”).

By accessing the Site, requesting an estimate, or engaging us to perform work, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Site or our services.

These Terms should be read alongside our Privacy Policy, which explains how we handle your personal information.

2. Our Services

Midwest Chimney Specialists provides chimney, fireplace, masonry and venting services to residential, commercial and managed properties throughout the Chicago metropolitan area, including but not limited to:

• Chimney inspections and cleaning
• Chimney repairs and waterproofing
• Chimney liner installation, repair and replacement
• Fireplace and stove installation
• Masonry and restoration work
• Dryer vent cleaning, repair and ventilation services
• HOA, commercial and specialty exhaust services

Descriptions of services on the Site are for general information. The specific scope of any work performed is defined in the written estimate or work agreement provided to you, which takes precedence over any general description on the Site.

3. Estimates and Quotes

3.1 Free estimates. We provide free, no-obligation estimates for work within our service area. Requesting an estimate does not create an obligation on either party to proceed with work.

3.2 Written scope. All estimates are provided in writing and describe the work to be performed, materials to be used, and the price quoted. Verbal estimates are indicative only and are not binding.

3.3 Validity. Unless stated otherwise on the estimate itself, written estimates remain valid for thirty (30) days from the date issued. Material costs and scheduling availability may change after that period.

3.4 Conditions discovered during work. Chimney and masonry systems frequently conceal conditions that cannot be identified during an initial assessment. If additional defects or necessary work are discovered once work has begun, we will stop, notify you, and provide a revised written estimate for your approval before proceeding. You are not obligated to approve additional work.

3.5 Competitor estimate offer. Where we advertise beating a competitor’s written estimate, the offer applies only to qualifying projects, requires a legitimate written estimate from a licensed and insured contractor for comparable scope and materials, and is subject to the specific terms stated in the offer at the time it is made.

4. Scheduling, Access and Cancellation

4.1 Appointments. We will provide an arrival window rather than a fixed time. Weather, emergency call-outs and the condition of preceding jobs can affect timing. We will contact you if we expect to fall outside the agreed window.

4.2 Access. You are responsible for providing safe and reasonable access to the work area, including the interior of the property, the roof where applicable, and any relevant appliances. This includes ensuring pets are secured and the area around the fireplace, appliance or dryer is reasonably clear.

4.3 Missed appointments. If our technician arrives and cannot gain access, or the work cannot proceed for reasons within your control, we reserve the right to charge a call-out fee and reschedule.

4.4 Cancellation by you. Please give us at least twenty-four (24) hours’ notice if you need to cancel or reschedule. Cancellations for scheduled work with materials already ordered or fabricated may incur costs, which will be advised to you in advance where possible.

4.5 Cancellation by us. We may reschedule where weather conditions make roof or exterior work unsafe, where required materials are unavailable, or where circumstances beyond our reasonable control prevent us from attending. We will offer the earliest available alternative.

4.6 Your right to cancel. Where required by Illinois law, you may have the right to cancel a home repair contract within three (3) business days of signing. Where that right applies, it will be set out in your written work agreement.

5. Payment

5.1 Pricing. The price for work is as set out in your approved written estimate, plus any additional work you have subsequently approved in writing.

5.2 Deposits. Larger projects may require a deposit before work begins or before materials are ordered. Any deposit requirement will be stated in your written estimate.

5.3 Payment terms. Unless otherwise agreed in writing, payment is due on completion of the work. Accepted payment methods will be confirmed at the time of booking.

5.4 Late payment. Overdue accounts may be subject to interest and reasonable collection costs to the extent permitted by Illinois law.

5.5 Mechanics lien notice. Under Illinois law, contractors and subcontractors who furnish labor or materials to improve your property may have lien rights if they are not paid. Any notices required under the Illinois Mechanics Lien Act will be provided to you as part of your work agreement.

6. Warranties

6.1 Workmanship. We warrant our workmanship against defects for the period stated in your written work agreement. If no period is stated, our standard workmanship warranty applies as advised at the time of the work.

6.2 Materials and products. Liners, appliances, caps, dampers and other manufactured products carry the warranty offered by their manufacturer. We will pass through and assist with manufacturer warranty claims but we do not extend or replace manufacturer warranties.

6.3 What is not covered. Our warranty does not cover:

• Damage caused by misuse, neglect, or failure to maintain the system, including failure to have the chimney or appliance inspected and cleaned at recommended intervals
• Damage caused by chimney fires, storms, lightning, flooding, earthquake, structural settlement, or other events outside our control
• Damage caused by work performed by others after we complete our work
• Pre-existing conditions we identified in writing and you elected not to address
• Normal wear, weathering, and the natural aging of masonry and mortar
• Colour variation in replacement brick, stone or mortar, which cannot be perfectly matched to weathered existing material

6.4 Warranty claims. Warranty claims must be reported to us promptly and in writing at info@mcschicago.com. We must be given reasonable access to inspect the claimed defect before any remedial work is undertaken by others.

7. Inspections, Reports and Documentation

7.1 Scope of inspection. Inspections are carried out to the applicable NFPA 211 standard for the level of inspection ordered. An inspection reports on conditions that were visible and accessible at the time of inspection using the methods appropriate to that level.

7.2 Limitations. No inspection can identify concealed defects within masonry, framing or building cavities that are not accessible or visible by the methods used. A Level 1 or Level 2 inspection is not a guarantee of the future performance or condition of the system.

7.3 Reports. Written inspection reports are prepared for the client who commissioned them and reflect conditions on the date of inspection. They are not transferable to third parties as a warranty of condition, and we accept no liability to third parties who rely on a report we did not prepare for them.

7.4 Recommendations. Our reports distinguish between work we consider necessary for safety and work we consider optional. Where you decline recommended work, that decision and the associated risk are recorded in the report and remain your responsibility.

8. Your Responsibilities

You agree to:

• Provide accurate information about the property, the appliance, and the history of the system where known
• Provide safe and lawful access to the work area
• Obtain any permissions required from a landlord, homeowners association, or co-owner before authorising work
• Not use a chimney, fireplace or appliance that we have advised in writing is unsafe to operate
• Follow any operating and maintenance guidance we provide, including recommended inspection and cleaning intervals

9. Limitation of Liability

To the fullest extent permitted by Illinois law:

9.1 Our total liability arising out of or relating to any work performed shall not exceed the amount paid by you for that work.

9.2 We shall not be liable for indirect, incidental, consequential, special or punitive damages, including loss of use, loss of income, or damage to property arising from conditions we were not engaged to inspect or repair.

9.3 We shall not be liable for damage arising from pre-existing defects, concealed conditions that could not reasonably have been identified, or the acts or omissions of other contractors.

9.4 Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded.

10. Use of the Site

10.1 Permitted use. The Site is provided for your personal, non-commercial use in learning about and requesting our services.

10.2 Prohibited use. You may not use the Site to transmit unlawful, harmful or misleading content, attempt to gain unauthorised access to our systems, scrape or harvest content or data, or interfere with the operation of the Site.

10.3 Accuracy of information. We take reasonable care to keep information on the Site accurate and current, but content is provided for general guidance only. Pricing ranges, timeframes and technical guidance published on the Site are illustrative and do not constitute an offer or a professional recommendation for your specific property.

10.4 No professional advice. Content on the Site, including blog articles and guidance, is general information and not a substitute for an on-site assessment by a certified technician. Do not rely on it to determine whether your chimney or appliance is safe to use.

11. Intellectual Property

All content on the Site, including text, photographs of our completed work, graphics, logos and design, is the property of Midwest Chimney Specialists or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute or create derivative works from Site content without our prior written permission.

Photographs of completed work are taken on customer properties with permission and are used to demonstrate our workmanship. If you would prefer photographs of work at your property not be used, please tell us and we will honour that request.

12. Third-Party Links

The Site contains links to third-party websites. Those sites are not under our control and we are not responsible for their content, accuracy, or their privacy and data practices. A link does not imply endorsement. We encourage you to review the terms and privacy policies of any third-party site you visit.

13. Privacy

Your use of the Site and our services is also governed by our Privacy Policy, which explains what information we collect, how we use it, and the choices available to you. Please review it alongside these Terms.

14. Reviews and Feedback

If you submit a review, testimonial, photograph or other feedback to us or about us, you grant us a non-exclusive, royalty-free licence to reproduce and display it in our marketing materials, including on the Site. We will not edit a review in a way that changes its meaning. You retain ownership of anything you submit.

15. Dispute Resolution

15.1 Talk to us first. If you are dissatisfied with any aspect of our work, contact us directly at (630) 280-8285 or info@mcschicago.com. Most concerns are resolved quickly once we understand them, and we would rather fix a problem than argue about it.

15.2 Governing law. These Terms and any dispute arising from them are governed by the laws of the State of Illinois, without regard to conflict of law principles.

15.3 Jurisdiction. Any legal action arising out of these Terms or our services shall be brought in the state or federal courts located in DuPage County, Illinois, and you consent to the jurisdiction of those courts.

16. Changes to These Terms

We may update these Terms from time to time. Changes take effect when posted on the Site with a revised “Last updated” date. Work already contracted for is governed by the Terms in effect at the time the work agreement was signed. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

17. General

17.1 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

17.2 No waiver. Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

17.3 Entire agreement. These Terms, together with your written estimate or work agreement and our Privacy Policy, constitute the entire agreement between us regarding your use of the Site and our services.

17.4 Assignment. You may not assign your rights or obligations under these Terms without our written consent.

18. Contact Us

Questions about these Terms can be directed to:

Midwest Chimney Specialists, LLC 17W421 Eisenhower Rd Oakbrook Terrace, IL 60181

Phone: (630) 280-8285
Email: info@mcschicago.com
Business hours: Monday – Friday 7:00am – 5:00pm, Saturday 7:00am – 3:00pm