- These Terms of Service, along with your Invoice, constitute your Preventative Maintenance Agreement (Agreement) with Hays Cooling, Heating & Plumbing, LLC, (we, us, our). If you have any questions, please contact us at 602-962-8514.
- You can call our 24-hour contractor hotline at 602-962-8514 to schedule an appointment for a technician to come to the Job Address on your Invoice for repairs to the systems listed on your Invoice (Equipment). Technicians must have safe and clear access to, and safe working conditions at and around, the work area.
- This Agreement includes (as applicable for your Equipment):
• 2 33 Point tune-ups per Term for your HVAC Equipment (1 for your heating Equipment and 1 for your cooling Equipment).
• 1 plumbing maintenance inspection and 1 standard water heater tune-up and flush included.
• Preferential service is given compared to customers without an Agreement (Preferential Service). Note that service calls for no cool or no heat will take a priority over customers with an Agreement.
• No trip or diagnostic charges, Monday through Sunday, excluding Holidays.
• Over-time charges are waived for afterhours work, Monday through Sunday, excluding Holidays.
• 15% off any repair to your Equipment, up to a maximum of a $500 discount.
• 5% off indoor air quality products, purchased through us
• Up to 10% discount off retail pricing on all new Equipment and accessories installed with new Equipment. Discount will accrue at a rate of 1% per year consecutively enrolled in this Agreement.
• Extended family member benefits: Preferential Service, 10% off repairs, up to a maximum of a $500 discount, and 5% off new systems.
- Cooling and heating Equipment tune-ups can be scheduled approximately 6 months apart and during normal business hours of 7am-5pm Monday-Friday, unless otherwise noted. Tune-ups must be scheduled and performed during your Term. If purchased, evaporative cooler tune-ups will be performed during your scheduled cooling Equipment tune-up; Water heater Equipment tune-ups can be scheduled during normal business hours separate from your cooling and heating Equipment tune-ups. Your Equipment must be performing its fundamental operation(s) in normal service for all points of the tune-ups to be provided.
- This Agreement only covers the services and items stated in Section 3 above and does not cover:
a. Excluded Damages (see Section 16), for example damages necessary to access the repair area.
b. Assessing, remediating, or abating mold, asbestos, or other hazardous material or notifying you of any mold, asbestos, or any hazardous material that may be present in your home.
c. Restoration including, but not limited to, carpentry, plaster/wall work, tile work, painting, landscaping, masonry, flooring, roofing, or paving.
- The price for this Agreement (Fee) and how you pay us is specified on your Invoice.
- We reserve the right to reject this Agreement if, on inspection, your Equipment is found to be in such condition that service would be unsatisfactory to either you or us. If rejected, you will be given a pro-rata refund, if applicable, less the cost of any tune-ups or discounts on repairs provided. If, in our sole discretion, your Equipment is not economically repairable we will provide you with a quote for replacement of your Equipment. Until your Equipment has been replaced no further tune-ups or repairs for that Equipment will be provided to you under this Agreement.
- We offer a 12 month Covered Repair Guarantee. We will arrange and pay for the expense and choice for repair or replacement of parts we use in repairs which are defective in materials or workmanship (Covered Repair Guarantee). We disclaim any and all statutory or common law warranties (whether express or implied) other than the Covered Repair Guarantee and any implied warranties that cannot be excluded under applicable law.
- This Agreement begins on the Start Date listed on your Invoice and lasts for 12 months (Term) unless you cancel or fail to pay the Fee.
- You may cancel at any time by calling us at 602-962-8514. If you cancel within 30 days of your Start Date, you will get a full refund of your Fee, less the cost of any tune-ups or discounts on repairs provided. If you cancel more than 30 days after the Start Date you will be given a pro-rata refund, if applicable, less the cost of any tune-ups or discounts on repairs provided. If you miss a payment of the Fee, you will not be able to use this Agreement or request a tune-up until payment is made.
- Your Agreement will automatically renew at the end of every Term for another 12 months at the then-current renewal price, unless you tell us otherwise. We may change the price at renewal. We reserve the right to not offer this Agreement upon renewal.
- We reserve the right to refuse service under this Agreement should you threaten or be verbally or physically offensive towards us or any of our employees.
- If you consent to electronic delivery you can receive your Agreement and all related documents to the email address you provided when you enrolled (Email Address). To update your Email Address or discontinue electronic delivery of your documents, you can call us at 602-962-8514.
- We may assign this Agreement, in whole or in part, at any time without prior notice to you. We may change this Agreement (including the Fee or to charge an additional fee) and delegate any of our obligations at our sole discretion and without your consent provided we give you 30 days’ prior written notice of the changes. The changes will become effective 30 days after we send you the notice. If you do not like the changes, you may cancel this Agreement.
- To the fullest extent permitted by applicable law, (1) you agree that we and our owners, successors, affiliates, technicians and their officers, directors, managers, employees, affiliates, agents, contractors or similar parties acting on behalf of us shall not be liable to you or anyone else for: (a) any actual losses or direct damages that exceed the amount you paid for the work under this Agreement relating to any repairs performed by us or on behalf of us or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by us or on behalf of us or services provided under this Agreement, regardless of whether such damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); were foreseeable and whether or not we or anyone acting on behalf of us have been advised of the possibility of such damages; and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Agreement. You may have other rights that vary from state to state.
- YOU AND WE AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
a. ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM US, WILL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. This arbitration agreement applies to disputes no matter when they arose, including claims that arose before you and we entered into this Agreement. This arbitration agreement also applies to disputes involving our officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns. In addition, this arbitration agreement covers any claims or causes of action against us that you may assign or subrogate to an insurer. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules. The Federal Arbitration Act applies. Unless you and we agree otherwise, any arbitration hearings will take place in the county where your home is located.
b. Any party bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis.
c. THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By entering into this Agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a claim only on your own behalf and cannot seek relief that would affect other parties.
d. We will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges you for arbitration of the dispute.
e. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.
f. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver also applies to claims asserted against any of our officers, directors, managers, employees, agents, affiliates, insurers, technicians, owners, successors or assigns.
- Should any of these terms and conditions conflict with the laws of your state they shall be considered amended to comply with those laws.
Hays Cooling, Heating & Plumbing, LLC, Lic # ROC167098 and # ROC318327.