
HVAC Maintenance Plan Terms & Conditions
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It is hereby understood and agreed that Oliver Heating & Cooling is referred to as “the contractor”.
- Customer agrees to promptly notify the contractor of any unusual operating conditions of the subject equipment. Said customer further agrees to promptly notify the contractor of any malfunction or suspected malfunction in the equipment and to report same promptly to the contractor at its office.
- Purchase of this agreement does not guarantee that the covered equipment will not fail.
- Customer agrees not to move or relocate equipment from location covered under this agreement without written consent of the contractor. The contractor may cancel the entire agreement or refuse to service equipment moved or relocated.
- If the equipment requires the use of water either re-circulated or otherwise, the water thus used may be or may become contaminated, cause mold or corrosion that can not be predicted in advance. The contractor hereby assumes no liabilities for either the quality or condition of the water or for any damage that it may cause to the subject equipment. Customer understands that this agreement does not cover the replacement or repair of any part of the subject equipment which is caused by water contamination, corrosion, mold or any other cause attributed to the use of water by equipment, whether as ordinary wear and use or otherwise.
- Any changes, adjustments or repairs made to subject equipment by others, unless authorized or approved by the contractor, in writing, shall terminate the contractor’s obligation hereunder.
- This agreement covers only reasonable and ordinary use of the equipment in question. Any repair or replacement that is caused either by the customer’s failure to use reasonableness in the operation of the equipment or the failure by the customer to report any malfunction or suspected malfunction in the equipment is not included in the agreement and shall be paid for by the customer in accordance with the contractor’s normal rate schedule.
- This agreement applies to the equipment outlined on the equipment list and not to fixtures in which they are contained, nor to plumbing, electrical, wiring, casings, pans, nor the deterioration of housing casings, frames or other items due to corrosion. This agreement does not include repairs made necessary as a fire, water, mold, accident, negligence, acts of God, labor disputes, freeze up of any kind,or any repairs or replacements if caused by the negligence or want of care of the customer in maintaining the equipment. The contractor assumes no liability for delays or failures hereunder caused by any of the foregoing or for any causes whatsoever for damage resulting from delays in performing the services hereunder or for any consequential damage whatsoever. If repairs or adjustments require any alterations or additions to structure or property, the customer will obtain written consent of the contractor thereof prior to the performance of such work.
- The contractor reserves the right, in its sole discretion, to schedule tune-up dates.
- This plan will automatically renew unless canceled by customer within 30 days of renewal date, or it may be canceled or changed anytime before service is rendered.
- Heat exchangers, evaporator/condensing coils and compressors are not covered under this agreement. Any repairs not included will be performed at our usual rate.
- You may only cancel this agreement without penalty or obligation within three business days from the date of sign up.
- Replacement of compressors, heat exchangers and coils are not covered, nor is work on related systems such as chimneys, ducts, household gas/electric supplies or system modification. Adjusting of airflow will be done at the time of maintenance service. Balancing of the system is additional.
- The full agreement price shall be due and payable immediately upon execution of this agreement. Customer agrees to make all payments prescribed herein promptly.
- The customer agrees to pay as an addition to the price herein above set forth, the amount of any present and future taxes or any other government charges now or hereafter imposed by existing or future laws with respect to the transfer, use ownership or possession of the equipment to which the agreement relates.
- The contractor shall not be liable for any loss, damage, consequential damages, negligence, breach of agreement or any other damages of nature based upon express warranty, implied warranty or other legal theory due to the non-operation or malfunction of the equipment unless said malfunction or non-operation of said equipment is due solely to the negligence of the contractor.
- The express warranties contained herein are in lieu of any and all other warranties, express or implied, including any warranty of merchantability or fitness for the particular use. Without limitation, the contractor shall not be liable upon any warranty thereof express or implied, regarding manufacturer or operation of any equipment installed by it with the exception that the contractor shall cause same to be repaired in the event of faulty operation or malfunction of said equipment and shall be liable for no other damages, except as specified herein. The contractor thus disclaims any implied warranty of any nature whatsoever.
- The contractor shall not be responsible for any delay or failure to render the services or to make delivery of any merchandise as set forth herein due to Federal, State or Municipal actions or regulations, strikes, or other labor troubles, fires, embargoes, accident, a war or any other causes, contingent to or circumstances beyond the control of the contractor and/or which make the fulfillment of this agreement impractical. On removal of the cause of such failure of interruption, performance shall be resumed pursuant to the terms as set forth herein.
- The standard of workmanship hereunder shall be that which is reasonable and customary in the industry.
- The customer agrees to pay as an addition to the price hereinabove set forth, the amount of any present and future taxes or any other government charges now or hereafter imposed by existing or future laws with respect to the transfer, use ownership or possession of the equipment to which the agreement relates.
- You are purchasing this agreement for the equipment at the location listed. If you move this plan may be transferred to the new owner. The agreement is transferable, not refundable.
- For new service plan customers, the contractor reserves the right to decline a service agreement at the time of the first maintenance call. In that case, payment will be refunded and invoice cancelled.
- No service will be rendered to a customer with a past due account.
- Drain lines will be tested at time of tune-up on the equipment that is covered under this agreement. The contractor will not be liable for any water leaks or damages that are a result of a water leak that may occur after 30 days of the tune-up.
- The contractor will not be liable for any water damages that may occur due to improper installation of water producing equipment, such as condensing furnaces & humidifiers located in an unconditioned space.
- Accessories will not be covered unless purchased and paid for, with a heater or air conditioner agreement.
- The contractor is not liable for any parts that are no longer available from the manufacturer.
- If customer cancels Membership within the first year and has had the system safety inspection completed, the customer agrees to pay the remaining amount for the year to cover services rendered.
- No Breakdown Guarantee – Upon completion of the Oliver AC Safety Inspection, if your air conditioner stops working before the warranty period expires on September 30th, we’ll credit the $89 arrival fee for the service call towards the cost of repairs. Failure to accept recommended repairs or parts replacement at the time of the Inspection will invalidate the guarantee. Upon completion of the Oliver Heating Safety Inspection, if your heating system stops working before the warranty period expires on March 31, we’ll credit the $89 arrival fee for the service call towards the cost of repairs. Failure to accept recommended repairs or parts replacement at the time of the Inspection will invalidate the guarantee.
The official registration number of Oliver Heating & Cooling can be obtained from the Pennsylvania Office of Attorney General’s Bureau of Consumer Protection by calling toll free within Pennsylvania (888) 810-2681.