TERMS CONDITIONS AND LIMITATIONS OF WARRANTY CONTRACT
ADVANCED COOLING AND HEATING, INC. hereafter referred to as ACH. This warranty contract (the “contract”) covers repairs critical to the core operation of the equipment described on the front of this contract (the “equipment”) caused by a mechanical failure due to normal wear and tear only. All equipment must be in good operating condition prior to acceptance of contract by ACH. All pre-existing faults of and damage to the equipment are excluded from this contract, ACH reserves the right to inspect the equipment prior to service and in the event of any warranty claim. Subject to the Terms Conditions and Limitations of Warranty, this contract covers labor and components necessary to repair the covered equipment, in accordance with the terms, conditions and limitations of this contract unless deemed un-repairable or condemned in the sole discretion of ACH, at which time such equipment shall be replaced by owner at owner’s expense, unless owner has purchased replacement coverage, at which time the terms of replacement coverage will apply. If in the sole opinion of ACH, the repair cost exceeds the current value of the equipment being repaired, the equipment may be deemed un-repairable and condemned by ACH. All condemned parts, products or equipment replaced become the sole property of ACH.
ENTIRE AGREEMENT: The contract together with the Terms Conditions and Limitations of Warranty, express the entire understanding between the parties and supersedes any and all prior agreements, whether written or oral, between the parties. This contract contains language detailing all services offered by ACH, a service item on the cover of the contract must be selected and payment received for related provisions within this contract to apply.
NO MODIFICATION: this contract and Terms Conditions and Limitations of Warranty cannot be modified unless done so in writing and signed by both the customer and an authorized representative of ACH. Sub-contractors of ACH are not authorized to modify this contract and/or Terms Conditions and Limitations of Warranty.
TRANSFER: No transfer of this contract to another location is permitted. However, transfer to a new owner (required in writing by the contract holder to ACH) d is permitted provided the transfer notice is accompanied by a Transfer Fee payable to ACH for $25.
CANCELLATION POLICY: ACH may at its option, cancel this contract at any time. Contract will be cancelled if it is not paid for when payment is due. This contract does not have a grace period. Contract coverage will be voided if an outside contractor, other than ACH performs work on covered equipment. Continual nuisance calls are cause for cancellation. Future renewal of contract is at ACH discretion only. Customer may cancel this contract at any time by providing written notice to ACH at its business address. Notice is effective when received by ACH. In the event that the contract is cancelled by the warranty holder, return of premium shall be based upon no less than 90 percent of unearned pro rata premium less any claims that have been paid or less the cost of repairs made on behalf of the warranty holder. In the event that the contract is canceled by the ACH, return of premium shall be based upon 100 percent of unearned pro rata premium, less any claims paid or the cost of repairs made on behalf of the warranty holder. The cost of claims or repairs deducted from contract cancellation refunds will be based on ACH normal hourly rates and MSRP values of equipment.
DISPUTES, FEES, JURISDICTION AND VENUE: any dispute arising out of the terms of the underlying contract of the Terms Conditions and Limitations of Warranty shall be brought in the courts of Palm Beach County, Florida only and customer expressly waive any objection to the jurisdiction of said court. The prevailing party in any such dispute shall be entitled to reasonable attorneys’ fees and costs.
EXCLUSIONS AND LIMITATIONS BEYOND OUR CONTROL: no product will be serviced, repaired or replaced if damage was caused by accident, abuse, misuse, vandalism, pest damage, water and/or oil contamination, electrical power surges, fire, flood, windstorm hurricane, windstorm tornado, hail, rust or corrosion, acts of God or because the product runs inefficiently or due to the products age. Any equipment failure, such as electrical components, motors, compressors or circuit boards that fail, which are damaged or are weakened due to wind, rain, power surges or any related hurricane, tropical storm, wind storm damage for a period of thirty days after the storm, will be repaired or replaced by owner at owners expense. ACH shall not be liable for damage, consequential or direct, arising from the operation or failure of the apparatus or its controls, strikes, failure to provide timely service due to conditions beyond its control, including, but not limited to, delays in obtaining parts or equipment and labor difficulties.
DAMAGES: ACH and/or its subcontractors is not responsible for any water damage resulting from leaks in residence not directly caused by ACH personnel, such as water damage resulting from a dirty coil and /or condensate drain pan or A/C condensate line blockages and customer shall indemnify and hold ACH harmless from any such damage. This contract does not cover repair, exploration or discovery of undetermined water leaks or floods.
ACCESS AND INDEMNIFICATION: Customer understands and agrees that they will provide clear, safe and unobstructed access to the equipment to be serviced during usual business hours. Should customer request ACH to move equipment customer shall hold ACH harmless and not responsible for any damage incurred to ceilings, walls, flooring, counter tops or cabinets while moving or repairing Customer’s equipment, Improperly installed equipment or not easily accessible will not be covered. Built in appliances will not be moved by ACH.
CUSTOMER SERVICE: service is provided during normal business hours, Monday through Friday, 8 am. – 5 p.m. Customers requesting service after normal business hours will be billed at overtime rates unless guaranteed appointment option is selected.
EMERGENCY SERVICE: provided within 24 hours for Saturdays, Sundays and Holidays, weather permitting. Emergency service is described as uncontrollable water leaks only, A/C malfunction with outdoor temperature above 92 degrees Fahrenheit and Heat malfunction with outdoor temperature below 40 degrees Fahrenheit.
TIMELY REPORTING OF PROBLEM: Customer must report the problem to ACH within 7 (seven) days of discovering it for this warranty to be effective. Customer must then allow ACH timely access to customers home to inspect and diagnose the problem.
APPOINTMENTS: In the event that the customer schedules a service appointment and fails to be available at the location and time when ACH arrives for said appointment, then the appointment will be deemed “as missed”, the appointment will be rescheduled to an alternate time and date and there will be a $45 charge for the reschedule.
In the event that the customer schedules a service appointment utilizing a purchased “Guaranteed Appointment Service” option and fails to be available at the location and time when ACH arrives for said appointment, then the appointment will be deemed “as missed”, the appointment will be rescheduled to an alternate time and date and the customer will have forfeited one “guaranteed appointment” of the allotted 3 per year.
REPAIRS REQUIRED BY OTHER COMPANIES: Any repairs required by other entities such as but not limited to, real estate or home inspection companies, is not covered. ACH will not pay for work done by other service companies. Contract will be void if repairs are done by other service companies, or if equipment is moved by anyone other than ACH.
MANUFACTURER’S WARRANTY: Customer agrees and understands that the manufacturer must perform all necessary warranty repairs and Customer will be responsible for all related cost such as service, labor, shipping and parts. ACH shall not be responsible
for the cost of servicing or replacement of such equipment, if such equipment is within the manufacturer’s warranty or if manufacturer fails to honor warranty.
OTHER WARRANTIES, AGREEMENTS OR INSURANCE POLICIES: In the event more than one Warranty Agreement with ACH or agreements or insurance policies with other, third parties, exist to cover the damage, repair or replacement, then the liability of ACH shall be limited to the repairs and or replacement that is in excess of such other coverage.
REPLACEMENT AND PERMITS: (required on all replacements prior to installation of product). Customer agrees to pay for all required code upgrades, modifications, permits, refundable inspection fees, processing fees, handling fees, delivery fees, disposal fees or crane fees required by ACH. ACH is not responsible for service or replacement when permits cannot be obtained.
ALTERATIONS TO EQUIPMENT: Warranty replacement coverage does not include installation, modification or alterations where the available brand does not match existing equipment and does not cover additional labor if the size, location or other unique factor requires more than one man to service the equipment.
SIMILAR PRODUCTS: should this contract cover any product of which the contract holder has more than one, all such similar products must be covered. Should all such similar products not be covered, the determination of which of the similar products is covered will be made by ACH.
UTILITY BILLS: ACH is not responsible to determine the source of high utility bills or water usage and any cost or reimbursement due to a mechanical malfunction causing high utility bits.
EQUIPMENT REBATES: Equipment replaced under the Terms Conditions and Limitations of Warranty that qualify for FPL’s rebate program, the rebate amount shall become the benefit of ACH and the customer acknowledges that they must supply ACH with the documentation and signature to secure these rebates.
VOLUNTARY REPLACEMENT COVERAGE: At any time during the contract period, the customer wishes to voluntarily replace any covered equipment, ACH will refund the related premium of the covered equipment and basic package cost of the related item towards the cost of the new Equipment purchased from ACH. Voluntary replacement only applies to A/C and water heaters.
MOLD: ACH is not responsible for diagnosis, repair or remediation of mold, mildew, rot or fungus or any damages or health problems resulting from or related to mold, mildew, rot or fungus which is or may be associated in any way with the malfunction of or the repair or replacement of covered Equipment product and appliances.
FOOD SPOILAGE: ACH shall not be responsible for food spoilage.
EQUIPMENT AND COVERAGE TERMS, EXCLUSIONS AND LIMITATIONS
IN GENERAL: Replacement of a covered product will be made only if the equipment suffers total functional mechanical failure, meaning that the equipment no longer can accomplish or produce its intended task. Covered equipment will be repaired until deemed non-repairable and condemned in the sole discretion of ACH. Should ACH deem covered equipment non-repairable and condemn it, ACH will provide a replacement product similar to customers existing model and efficiency, if available. There is a 30-day waiting period (“Waiting Period”) from initial date of coverage for the warranty of parts or replacement equipment coverage to go into effect. ACH reserves the right to offer cash in lieu of replacement in the amount of our actual equipment cost only. Any equipment or parts ACH determines, in the sole discretion of ACH, to have severe rust or corrosion conditions will be excluded from present or future replacement coverage and will be replaced by owner at owner’s expense. Equipment will not be replaced due to any failure associated with rusted cabinets and/or rusted, corroded or dirty condenser coils and evaporator coils which cause inefficiency. Also excluded are non-OEM (original equipment manufacturer) parts, and replacement of parts or equipment due to lack of maintenance, delays, appearance and odors, Gas Equipment and window A/C Equipment. Non OEM parts may be used by ACH. Lines & pipes such as, plumbing, refrigeration, electrical, water, or drain lines beyond the equipment, common area lines or lines outside of residence or not accessible, such as within walls, under floors or above ceilings is not covered. Repairs caused by the enforcement of existing or future codes, code violations, building regulations, ordinances, federal, state, county or city laws are not covered. The cost of the repairs required by aforementioned shall be the responsibility of the customer. All additions that are not part of the original builder’s installation, negligence, misuse, improper operation or installation, product sounds and odors, time delays, all disconnect boxes, All accessories not critical to the core operation of the equipment are not covered. Any electrical upgrades required for proper operation or code compliance of replaced equipment shall be the responsibility of the customer.
AIR CONDITIONING AIR HANDLER AND CONDENSER: Dampers, electronic or electrostatic air cleaners, filters (unless maintenance coverage is selected), aluminum coils, coil replacement, coil cleaning, drain pans, maintenance, algae or mold, duct work, duct cleaning, programmable thermostats, thermostat calibration, timers, heat recovery systems, disconnect boxes, dual speed compressors, circuit boards, leveling Equipment, isolation leak test, condensate pumps, telephone modem accessories and condensers over ten (10) years of age, are not covered. Effective JANUARY 1, 2010, the Federal Government has banned all production of R-22
A/C equipment. The new 410-A equipment will not match any existing R-22 A/C systems. ACH will assume no liability if the available 410-A AIR HANDLER OR CONDENSER does not match existing equipment, existing refrigerant lines or fit due to size in the original location. Electronic or variable speed motors are limited to $95. Air conditioning scroll compressor, variable speed compressors and/or dual compressor are covered for up to a maximum of $500. Electronic boards are limited to a maximum of $95.
AIR CONDITIONING HEAT PUMPS: water pressure switches, hoses, accumulator, heat exchanger, mufflers, water valves or cleaning heat exchanger are not covered.
AIR CONDITIONING TUNE-UP: If tune-up coverage is selected and scheduled within one year of the signing of this contract, ACH will provide a tune-up at no additional charge. Customer is responsible for scheduling tune-up (no refund).
AIR CONDITIONING MAINTENANCE: cleaning coils, drain pans, ductwork and blower assemblies are not covered. No equipment will be repaired or replaced if failure or malfunction was caused by a dirty A/C coil or poor maintenance conditions such as but not limited to mold, fungus or algae in equipment. ACH reserves all rights to refuse to clean a dirty evaporator coil due to age and condition.
AIR CONDITIONING REPLACEMENT: There is a $1,000 (MSRP) limit on the replacement of a covered air conditioning air handler, or condenser. If replacement component can not be permitted due to current codes preventing installation of mixed matched equipment, customer much purchase matched component from ACH. All upgrades from current equipment value or efficiencies will be paid for by the customer. (For example, if a 10 SEER air conditioner is condemned by ACH and a similar model and efficiency is not available then the Customer will pay ACH the additional cost for the upgrade to the new energy efficiency standard and any necessary modifications.
FREON LIMITATIONS: Any repair requiring the addition of Freon including toping off, ACH will only be responsible for the first
1 pounds.
MINOR PLUMBING: Removal or replacement of plumbing fixtures, handles, spouts, shut off valves, sink and tub stoppers, basket strainers, sprayers, turbo flush toilets, water filters, reverse osmosis systems, filter connections and plastic water lines, knobs, wax rings, piping, snaking, toilet flanges, (foreign faucets), bidets, solar systems, shower diverters, flow restrictions aerators , PVC, CPVC, polybutetyne, pumps, saunas, steam rooms, roman tubs and Jacuzzis are not covered. Coverage only includes bathrooms and kitchen inside of the main home only. The coverage must include all bathrooms and kitchens within the home. Additional bathrooms coverage over and above the basic coverage is available as noted on the contract. Garages are not covered under minor plumbing. Cartridges and stems are limited to $30.
WATER HEATER: Damage from rust, sediment and mineral build-up in tanks or supply lines, blockages in lines, dip tubes, smells, time clocks, drain pans, gate valves, heat recovery Equipment, recirculation pumps, tank-less water heaters, thermal expansion tanks or storage tanks, noise or modifications, solar systems tanks or components and electronic controls are not covered.
WATER HEATER REPLACEMENT: Water heaters covered under this warranty are limited to a 52 gallon maximum size. There is a $300 (MSRP) limit on the replacement of a covered water heater. This warranty covers replacement caused by tank ruptures only after the Waiting Period. The homeowner assumes all liability for any water damage caused by a tank rupture. Homeowner, by his or her signature or payment of this contract, hereby releases and holds harmless ACH from any liability or cost incurred by homeowner or insurance company for any water damage resulting from a tank rupture. Homeowner agrees to settle all disputes, costs and any subrogation costs against ACH with their own insurance company. This warranty does not cover tank-less water heaters, Insta-Hots, dip tubes, attic installations and removal of cabinets. Labor to install a water heater is not covered unless plumbing and electrical coverage is selected by customer under this warranty. ACH is not responsible for electrical upgrades that may be required for water heater replacement.
GARBAGE DISPOSAL: Rubber gaskets, splash guard, abuse by Customer, drain line, batch feed or stainless steel disposals are not covered.
GARBAGE DISPOSAL REPLACEMENT: limited to a standard ½ hp with 25$ Co-Pay.
APPLIANCES: Foreign or portable appliances, Westinghouse brand, SUB-ZERO, THERMADOR, GE MONOGRAM, JENN-AIR, BOSCH, VIKING, DACOR, DCS, all Wave-Touch appliances and similar high-end brand appliances, all stacking washer/dryers,
one-piece washer/dryers and all front-end loaders, oven/range combos, microwave combos, icemakers, and built in appliances, door liners, oven liners, oven gaskets, door gaskets, auger, dishwasher racks, plastic parts, shelves, knobs, clocks, self-cleaning oven clocks, glass, glass and glass embedded electronics. hoses, ceramic, porcelain, down draft range, cabinets, wave guide, doors, lids, trim, lint screens, light bulbs, burner sensors, refrigerator divider blocks, induction oven/range, disc burners, vent cleaning, leveling appliances, tubs and drums, meat probe assemblies, rotisseries and warming drawers, water filters, filter connections and plastic water lines, ice makers or components, steam appliances, refrigerators sweating, are not covered. Repairs or replacement of equipment will not be made to obsolete equipment or because of unavailable or obsolete appliance parts no longer produced by the original manufacturer
and not available through ACHs usual wholesaler. ACH will attempt such replacement only when the obsolete item(s) is critical to the core operation of the equipment. Burners are limited to a maximum of $75. Electronic boards are limited to a maximum of $100.
APPLIANCE REPLACEMENT: ACH will provide a standard replacement model unless otherwise listed on front of contract as covered. There is a $500 (MSRP) limit on the replacement of a covered standard appliance, a $750 (MSRP) limit on the replacement of a covered upgrade appliance and a $1,000 (MSRP) limit on the replacement of a covered deluxe appliance. Available on the following equipment; washer, dryer, refrigerator, dishwasher and oven/range, subject to the Terms Conditions and Limitations of Warranty. Appliance replacement due to cabinets, cabinet parts, lids, doors, door liners or oven liners is not covered. Labor to install a dishwasher Duo or dual fuel appliances is not covered. Premier or custom built-in appliances are not covered. ACH is not responsible for repairs or replacement of a product where the required part color is not available. ACH is not responsible for electrical upgrades
that may be required for appliance replacement. Freon 12 and modifications on Freon 12 systems are not covered. Freon 12 equipment condemned by ACH is limited to a maximum of $300.
MINOR ELECTRICAL: Main circuit breakers, buss bar and panel, light bulbs, installation of light bulbs, exhaust fans, dimmer switches, pull switches, under counter fluorescent lights, GFI breakers, fuses or any wiring in circuit breaker panel or walls, electronic, computerized or energy management system or devices and LED lighting is not covered. Minor electrical coverage only pertains to electrical items within the of the living space.
