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Maintenance Agreement

Terms and Conditions
The following are the terms and conditions for use of Comfortable Homes Safety and Efficiency Agreement (“SEA Agreement”). Please read them carefully before using the Service. By signing the Comfortable Homes SEA Agreement each party agrees to be bound by these Terms and Conditions, including signed proposals, all payment terms, policies, practices, rules, standards and guidelines provided to Customer related to the Services (collectively, the “Agreement”).

1. Prior to issuing this Agreement, Comfortable Homes may inspect your HVAC equipment, scheduled Monday through Friday between 8:00 AM and 4:00 PM, except holidays.
2. Any repairs deemed necessary must be completed prior to issuing this agreement.
3. Should the Agreement be purchased and paid for at the time of repairs, the 15% discount will be applied to the cost of repairs and this inspection will constitute your first maintenance check. You will receive one more check before your first year expires.
4. Comfortable Homes reserves the right to reject any Agreement, if, upon inspection by our technician, equipment is found to be in poor operating condition.
5. Under this Agreement, we will perform an annual check and tune-up for each piece of covered equipment for each commitment term, scheduled Monday through Friday between 8:00 AM and 4:00 PM, except holidays.
6. It is the responsibility of the homeowner to notify the company of desired dates for maintenance; we recommend scheduling at least four weeks to six weeks in advance.
7. As a maintenance agreement customer, you agree to be contacted via email, text, phone by a live representative, or a prerecorded message reminding you it is time to schedule your annual maintenance tune-up for each piece of covered equipment. If you do not wish to receive these reminders, you can opt-out by calling us at 908-642-8394 or by email at [email protected].
8.    You can schedule service by calling us or by completing a “Service Request” form on our website.
9. If you cannot make a previously scheduled appointment, 24-hour notice is appreciated. If we are not able to access your home for a scheduled appointment, a $50 “No-Show” fee will be charged.
10. During prolonged extreme weather conditions – heat and cold spells – maintenance checks may be rescheduled to accommodate Agreement members without heat or air conditioning.
11. Under the conditions of this Agreement, you, as homeowner of the covered location, agree to:
12. Operate covered equipment according to the manufacturer’s and our technicians’ recommendations.
13. Promptly notify us of any unusual operating conditions of the equipment.
14. Schedule service appointments; Comfortable Homes will not reimburse services not scheduled within the commitment term.
15. Permit only our service personnel to perform maintenance or repairs on the equipment.
16. The base price of this Agreement is renewable annually.
17. The monthly fee for Comfortable Homes Agreement is billed on a monthly basis and is non-refundable. All accounts are set up by credit card and will be collected monthly on the 1st by a recurring payment.
18. A monthly invoice will be issued for customer records upon request.
19. The commitment period for Comfortable Homes Agreement service is 12 months, unless otherwise noted on the SEA Agreement, and will renew for a period of the same commitment length unless the customer notifies Comfortable Homes via email of cancellation no less than 30 days prior to the end of the commitment period.
20. You may cancel your Agreement before the commitment term is fulfilled by writing to us, stating that you would like to discontinue your coverage. Upon receipt of cancellation notice, your account will be reviewed and any services and/or discounts received under the terms of this Agreement during the current commitment term will be charged to the credit card on file.  If you cancel prior to the annual renewal all payments between cancellation dated and annual renewal date will still be due and payable.
21. By subscribing to Comfortable Homes SEA Agreement, you authorize Comfortable Homes to bill you through your credit card company in accordance with this Agreement. You confirm you are the owner of the credit card or have permission of the owner to incur these charges.
22. You acknowledge and agree that Comfortable Homes in its sole discretion, may suspend, discontinue or refuse any and all current and future access to or use of any portion of the services at any time without notice to you in the event Comfortable Homes reasonably believes that you have breached this Agreement. You acknowledge and agree that Comfortable Homes shall have no liability or responsibility to you for termination in the event you breach this Agreement, and that no portion of your fees will be refunded in such case.
23. The effective date of this Agreement is the date of receipt of payment.
24. This Agreement is non-refundable, in whole or in part.
25. There will be no refunds or credits for partial service. No exceptions will be made. Upgrades will be handled on a case by case basis. Customer agrees to submit any disputes regarding any charge to your account in writing to Comfortable Homes within ten (10) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
26. If you cancel the service before the end of your contract term, no additional discount, benefits or other Agreement features will be valid.
27. The ownership of this Agreement is location-specific and transferable to a new owner within thirty (30) days of the change.
28. The rates for and in this Agreement may be adjusted annually to reflect current costs and warranty.
29. No service will be rendered under this Agreement if the customer has a past-due account with Comfortable Homes.

 
Agreement Services and Benefits Defined

A. Priority Service
As a Maintenance Agreement member, you will always receive priority for repairs over non-members, generally resulting in same day service. During high-volume periods, please help us take care of you by allowing us to schedule your repairs according to need: repairs for safety issues, repairs for medical needs, especially during extremely high or low temperatures, and repairs for no heat or no cooling will take priority.

B. Furnace Tune-Up
Check:  Overall condition includes cleanliness, wiring, blower motor, flame rectification, safety limit operation, motor amps, and list of recommendations (if needed).  Depending on model/type of furnace, may include additional checks, i.e. venting, condensate drain, etc.

1. Perform combustion safety test.
2. Perform efficiency analysis test.
3. Test for poisonous carbon monoxide gas.
4. Test for proper operation all safety and control circuits.
5. Inspect pilot burner if present.
6. Test and clean thermocouple if present.
7. Clean or inspect gas burners.
8. Clean and test thermocouple for proper operation if present.
9. Heat exchanger – Visual inspection or testing if accessible.
10. Test or inspect your gas ignition system for safe proper operation.
11. Inspect, measure and test flue gas venting exhaust system for proper safe function.
12. Measure temperature difference between supply and return air for proper heat rise.
13. Inspect, clean or replace as needed return air filter, (customer supplied or additional fee if Comfortable Homes supplies filter).
14. Measure the voltage and amperage of blower psc motor for proper output.
15. Lubricate fan blower motor as needed.
16. Clean fan blower motor fins as needed.
17. Measure duct air flow and compare for proper furnace sizing.
18. Inspect and tighten all electrical wiring connections.
19. Inspect, calibrate and adjust thermostat as applicable.
20. Inspect and test for any natural gas leaks.
21. Lubricate moving parts specified by the manufacture.
22. Check and clean condensate drain line.
23. Inspect and adjust fan belt tension if present.
24. Inspect for Combustion material around your furnace.
25. Any other inspections or tests deem applicable by the on site maintenance specialist.

C. A/C Tune-Up
Check: Overall condition includes cleanliness, wiring, blower motor and fan operations, and safety limit operation.

1. Check thermostat.
2. Replace standard 1-inch air filter.
3. Inspect condensate drain for leakage, proper insulation, plumbing components and traps intact, secondary drain in place, drains free from obstruction, drain pan free of biological growth.
4. Test evaporator coil for proper air flow.
5. Test fan and motor, tighten connections, check fan rotation, check blower wheel for dust/debris, check bearings for proper lubrication.
6. Inspect all accessible refrigerant lines for leaks, kinks, crushed sections, or restrictions.
7. Inspect condenser coil for dirt/debris or damage.
8. Test condenser fan motor, tighten connections, check fan rotation, check lubrication.
9. Test system for proper refrigerant charge.

The labor charge as recorded relative to maintenance performed under the terms of this Agreement is guaranteed for a period of twelve (12) months from the date the maintenance is performed.  Comfortable Homes does not guarantee other parts than those we supply.  If repairs later become necessary due to other defective parts, they will be charged separately.

D. Discounted repairs
1.  Repair services performed while this Agreement is active are provided at a discounted rate of 15% off our standard repair charges. Diagnostic service is limited to one piece of equipment per discounted appointment. 
2. A discount of 15%, the standard diagnostic charge, will be applied to the total amount of charges.

E.  Referral Rewards
For every customer you refer to Comfortable Homes who purchases a Safety and Efficiency Agreement, we will waive one monthly fee amount.  The amount waived will be equal to the monthly rate for the referral Agreement, not to exceed your monthly fee.  No more than three Referral Rewards may be claimed during each commitment annual term.

F. Transferable
If your home is sold during the annual commitment term, this Agreement may be transferred to the new homeowner upon written request to Comfortable Homes within thirty (30) days of the sale of the home. Requests made after thirty (30) days are subject to verification of equipment covered by one of our technicians, and any changes in plan costs or services included will be reflected on the new Agreement.

G. Water Heater Service  (Tank Style Water Heater)

1. Flush tank.
2. Inspect flue and combustion air.
3. Test gas supply pressure and manifold pressure (if necessary).
4. Inspect pilot flame.
5. Clean and inspect thermocouple.
6. Inspect operation.
7. Inspect tank for signs of corrosion/future leaks.

Exclusions & Disclaimers

1. Comfortable Homes cannot cover or be held liable for the following under this or any of our Agreement:
2. Acts of nature.
3. Work performed or materials provided by individuals or companies other than Comfortable Homes Heating and Air. Such instances will be cause to terminate the company’s obligation under this Agreement.
4. Repairs to products beyond their useful life, or to parts no longer available.

The services to be performed under this Agreement are not a guarantee against obsolescence, normal wear, or malfunctioning due to misuse or negligence nor shall inspections be construed as an approval or guarantee of the condition of equipment.
Comfortable Homes Heating and Air will repair and maintain equipment covered by this Agreement. However, this is not an insurance policy. Comfortable Homes Heating and Air is not an insurer and will not be held liable for any and all special or consequential property damages due to or related to equipment or failure of same, including water damage due to leaks from condensate lines, indoor coils, or water lines. Furthermore, Comfortable Homes Heating and Air will not be held liable for a home not continuously occupied or damages that occur during an extended period of time in which a home is vacant. Upon acceptance of this Agreement, the Customer warrants that all work areas are free of hazards (asbestos, insects, poison ivy, chemicals, mold, etc. …) and to clear or have cleared the property of any hazards or debris that would impede or prohibit an expeditious, professional performance of work. In the event that a hazard is discovered during the course of work, all work shall cease until the Customer has taken proper abatement of the hazard at the Customer’s expense. Work will be performed unless postponed by strikes, accidents, extreme weather conditions or other delays uncontrollable by the Company. Comfortable Homes will not be responsible for any damage to any vegetation surrounding or nearby the exterior equipment.
Any disputes arising under this Agreement will be governed by the laws of the State of New Jersey. The Customer agrees to pay reasonable attorneys’ fees as part of any judgment against him/her arising from the enforcement of this Agreement or the invoice.

1. If any statement or clause of this Agreement is held unenforceable, it shall not negate any other clause or statement contained herein.
2. In the event that a covered part fails and Comfortable Homes determines that the part or equipment has surpassed its average life expectancy or service life and the repair cost is in excess of $25, Customer has the following options, one of which must be accepted:
3. Accept the recommended repair and pay the cost in excess of $25. At this time, the repaired equipment is no longer covered by the Agreement and pricing will adjust (if applicable) at the time of the next bill. Future repairs to this equipment will be billable at normal rates, less 15%.
4. Have replace the entire piece of equipment or system and apply the $25 credit to the cost of replacement. The credit may not be combined with any other discounts.
5. Comfortable Homes and its agents are not qualified mold, mildew, or fungus inspectors. Under this Agreement, Comfortable Homes and its agents expressly disclaim any duty to inspect or identify or report the presence or growth of any mold, mildew, fungus, or any combination thereof, on or around any equipment covered by this Agreement.
6. Comfortable Homes and its agents will be held harmless for any damages, including special damages and consequential damages, caused by the presence or growth of mold, mildew, fungi, or any combination thereof that is due to or related to equipment or failure of equipment covered by this Agreement.
7. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party. This Agreement constitutes the entire agreement between the parties regarding the use of the Services and the Agreement, and supersedes all prior or contemporaneous agreements, conditions, and understandings, whether oral or written, with respect to the Agreement and the Services. If any provision (or part thereof) of this Agreement is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms.
8. You agree to indemnify, hold harmless and defend Comfortable Homes, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Comfortable Homes or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Comfortable Homes or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Comfortable Homes Services. In such a case, Comfortable Homes will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Comfortable Homes reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9. Comfortable Homes has the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting modified Terms and Conditions of the Agreement to the Comfortable Homes website. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Comfortable Homes or (ii) you continue to use the Service after Comfortable Homes has posted updates to the Agreement or to any policy governing the Service.

Each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party’s prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party. The term “Confidential Information” shall mean any information disclosed by one Party to the other Party in connection with this Agreement which is disclosed in writing or orally and is identified as “Confidential” or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by Comfortable Homes that relates to the Agreement. Notwithstanding the foregoing, Confidential Information shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.