SERVICE PLAN AGREEMENT
(Terms and Conditions)
This Service Plan Agreement (this “Agreement”) sets for the terms and conditions under which we (“Company”) will provide you (“Customer”) the services described below. Carefully review this Agreement, as it defines our legal relationship.
- Service: This Agreement includes semi-annual service calls over a one-year period by a qualified technician to clean and inspect Customer’s air conditioner and/or heating system for proper operation and to check whether Customer’s air conditioner and/or heating system is in good working condition (the Services”). This Agreement applies to the equipment enumerated on the equipment list on this form and not to the fixture in which they are contained nor to hardware, trays, defrosting pans, ducts, plumbing, electrical wiring, circuit breakers, fuses, electronic thermostats, castings, pans, defrost heaters, nor to deterioration of housing, castings, frames, coils, drain pans or other items due to corrosion. The Services do not include the identification, detection abatement, encapsulation, or removal of asbestos, radon gas, mold or products or material containing asbestos, radon gas, mold or other hazardous substances. In the event Company encounters such products or materials in the course of performing its work, it may remove its employees from the project until such products or materials are abated, encapsulated or removed, or it is determined that no hazard exists (as the case may require) and Company shall receive an extension of the time to complete the Services hereunder and compensation for delays encountered as a result of the presence of asbestos, mold or other hazardous substances. Further Company shall have no obligation to arrange for and will have no liability for the removal of, failure to detect or contamination as a result of its failure to detect any asbestos, radon gas, mold or other hazardous products or materials. Company will call Customer to schedule service calls. If such calls are unanswered, Customer will be notified by mail to call Company and schedule the inspections. Unused inspections will be lost with the expiration of this Agreement. Upon completion of inspection, if Customer requests, Company will repair or replace, at Customer’s expense, any malfunction in the component detected upon inspection. Company reserves the right, in its sole discretion, to reject any request for the repair or replacement of any component if after an inspection by Company’s service technician, the equipment is found to be obsolete and non repairable.
- Term and Renewal Options: The term of this Agreement shall be effective three days after the date of Customer’s receipt hereof and shall continue for one year from such date (the “Initial Term”). After the Initial Term, this Agreement will automatically renew in additional one-year increments unless cancelled by Customer or Company upon 30 days written notice prior to the expiration of the then existing one year term, or as otherwise provided in this Agreement; provided, however, Customers who pay for Services in one upfront payment shall receive a written renewal notice. Customers residing in states that do not allow automatic renewal of Services shall receive a written renewal notice.
- Changes to Terms of Service: Company will provide Customer written notification of any material changes to this Agreement 45 days in advance of the implementation of said changes. Notice will not be provided to Customer when changes are favorable to Customer or when changes are mandated by a regulatory agency. After notice of a material change, Customer may terminate this Agreement by providing written notice within the 45-day period prior to the effective date of the change. If Customer does not respond prior to the expiration of the 45-day period, the change will be deemed accepted by Customer.
- Billing and Payment Terms: Customer may pay for the Services in one upfront payment or Company will automatically debit a checking account, debit or credit card, as provided by Customer, for Services once each calendar month. All bills are due and payable in full within 21 days of the billing date. If Customer does not pay the full amount of each bill on or before the due date, Company will assess a one time, 5% penalty on the total amount of each delinquent bill. Company will charge a returned check fee of $25.00 dollars for each check or electronic funds transfer not processed due to insufficient funds, or other bank returns. Checks and electronic transfers returned by a bank for insufficient funds will be treated as though Company received no payment. Customers with two or more returned payments in the preceding 12 months must make future payments by money order or in cash. Company assumes no responsibility for notifying Customer when a check is returned.
- Bill Payment Options: Customer may pay monthly charges for the Service bills through the following options: (1) by direct debit from a checking or savings account; or (2) by using a debit/credit card. Details about Company’s payment options are available by calling the number listed on the front of this form for more information.
- Cancellation by Company: Company may cancel this Agreement at any time upon 45 days written notice to Customer. If payments have been made for Services that have not yet been rendered, Customer shall be entitled to a refund for the unused portion of the payments; provided, however, Company shall not be required to refund any unused portion of the payments where Company has made at least one unsuccessful attempt to provide the Services to Customer.
- Cancellation by Customer: Customer may cancel this Agreement without payment or liability within 3 business days of the date of Customer’s receipt of this Agreement. If this Agreement is acceptable, no further action is required. Customer must contact Company by telephone at the number listed on the front of this form to exercise the cancellation option. Customer must include name, address, phone number and account number (if assigned) in Customer’s cancellation notice. Customer may also cancel this Agreement with Company without payment or liability if Customer moves to another location. Customer agrees to provide Company with a minimum of 15 days advance notice of Customer’s move date. If such notice is provided and Customer has paid for the Services in one upfront payment as set forth in Paragraph 4, Company shall refund an amount, less a $15 administrative fee, prorated daily based upon the actual number of days in the term of this Agreement for which Service has not been provided. If Customer is paying on a monthly basis, Company shall refund the unused portion of the payments; provided, however, Company shall not be required to refund any unused portion of the payments where Company has made at least one unsuccessful attempt to provide the Services to Customer. If this Agreement is otherwise cancelled by Customer prior to the expiration of the then existing term, Customer must pay to Company an amount equal to the total number of payments remaining under the existing term of this Agreement. The parties agree that amounts payable upon cancellation as set forth herein are not a penalty but are a reasonable estimate of the damages to Company.
- Termination: In the event of nonpayment, Company will provide Customer with 10 days written notice prior to terminating Customer’s Agreement. Company will send Customer a termination notice no sooner than the first day after a bill for this Agreement is past due. Once Customer is sent a termination notice from Company, payment of all amounts due Company for this Agreement must be received no later than the due date on that notice or Customer’s Agreement may be terminated. Any changes, adjustments or repairs made by others, unless authorized or approved by Company in writing shall terminate Company’s obligation under this Agreement. If this Agreement is terminated, Customer shall remain responsible for the payment of all outstanding bills.
- Dispute Procedures: Disputes or complaints about monthly bills, other services provided by Company, or this Agreement should be directed to a Company Customer Care Representative toll-free at 1-866-614-4680.
- Account Access and Assignment: In order to maintain privacy of account and other proprietary Customer information, Customer must provide Company with account access verification information upon request. Customer, Customer’s spouse, and any authorized representative of Customer so named on the account, will be required to provide such verification information before Company will release any information related to proprietary Customer information, or allow Customer’s spouse or authorized representative to make changes to Customer’s account. Before the account holder name can be changed at a service location, the new applicant must enroll for service with Company and be accepted as a Company’s Customer and the existing Customer must authorize termination of service in the existing Customer’s name. Customer may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of Company. Company may assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without Customer’s consent, to the fullest extent allowed by law. Upon any such assignment, Customer agrees that Company shall have no further obligations under this Agreement.
- Limited Warranty: Company warrants the Service and any parts used will be free from defects in workmanship and materials for a period of one year from the date service was completed, with the exception noted below.
Company will repair or replace, at its option, any malfunction in the component directly arising from a defect in labor furnished with a service call, or any defect in materials furnished by the technician under a service call (other than those covered by a manufacturers warranty), if Company receives notice of a claim under this warranty on or before 365 days from the date of such service call. To obtain service, contact your Company at the address or number shown on this form.
The Company does not warrant any materials covered by a manufacturer’s warranty, nor does the Company adopt any manufacturer’s warranty as its own. THIS WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR, INCLUDING NORMAL REDUCTION IN OPERATIONAL EFFICIENCY. THIS WARRANTY EXTENDS TO CUSTOMER IDENTIFIED ON THIS FORM AND ENDS IF THE HOME IS SOLD PRIOR TO END OF THE WARRANTY PERIOD. COMPANY’S LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO THE LESSER OF (I) THE COST OF ALL EQUIPMENT AND SERVICES PROVIDED TO CUSTOMER UNDER THIS INVOICE; OR (II) $5,000.
ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO 365 DAYS FROM THE DATE OF A SERVICE CALL. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations or exclusion may not apply to you.
This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. SEQ CHAPTER \h \r 1 SEQ CHAPTER \h \r 1Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THIS WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR INCLUDING NORMAL REDUCTION IN OPERATING EFFICIENCY NOR DOES IT COVER DEFECTS RESULTING FROM THE FAILURE OF A CUSTOMER TO PROPERLY MAINTAIN THE PRODUCTS THAT WERE SERVICED BY THE COMPANY.
- Force Majeure: Company will make commercially reasonable efforts to fulfill its obligations under this Agreement. The parties recognize, however, that certain causes and events that are out of the reasonable control of Company (“Force Majeure Event(s)”) may result in Company’s inability to perform under this Agreement. If Company is unable to perform its obligations, in whole or in part, due to a Force Majeure Event, then the obligations of Company shall be suspended to the extent made necessary by such Force Majeure Event, and in no event shall Company be liable to Customer for damages caused by any Force Majeure Event. Force Majeure Events include, but are not limited to, acts of God, fire, war, flood, earthquake, acts of terrorism, acts of any governmental authority, accidents, strikes, labor troubles, shortages in supply, changes in laws, rules, or regulations of any governmental authority, or any other cause beyond Company’s reasonable control.
- Exclusions: Company shall not be responsible for additional or unusual utility bills incurred due to any malfunction on equipment listed on this contract. This Agreement covers only reasonable and ordinary use of the equipment in question. Any repair or replacement necessitated by Customer’s failure to use reasonableness in either the operation of the equipment or the failure by Customer to promptly report any malfunction or suspected malfunction in the equipment is not included in this Agreement and shall be paid for by Customer in accordance with Company’s normal rate schedule.
- Governing Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida.
- Miscellaneous: The material and workmanship provided hereunder and the terms and conditions of this Agreement between Customer and Company are subject to applicable laws. This Agreement constitutes the entire understanding between the parties and supersedes any previous promises, understandings, or agreements. If any provision of this Agreement is deemed invalid, illegal or otherwise unenforceable, Customer and Company agree that it shall be modified to the minimum extent necessary to render it valid, legal, and enforceable. If such provision cannot be modified in a manner that would make it valid, legal, and enforceable, such provision shall be severed from this Agreement, and all other provisions hereof shall remain in full force and effect. Any failure on the part of Company to enforce any of the terms of this Agreement or to exercise any right under these terms and conditions shall not be considered a waiver of Company’s right thereafter to enforce each and every such term or exercise such right or any other right under these terms and conditions. If Customer breaches any condition of service, the terms of this Agreement are null and void.