TERMS AND CONDITIONS This Agreement is between the Homeowner identified in the Agreement Registration (“Homeowner”) and Bonfe’s Plumbing, Heating & Air Service, Inc. (“Company”). Services under this Agreementare provided solely by Company and other such companies under its direction. The Company, during the term of this Agreement and subject to the conditions hereof, agrees to repair or replace at the Company’s discretion,any covered appliance or home mechanical system (plumbing, heating, air-conditioning, or electrical) located at the covered property to normal operational condition. This Agreement covers only the appliances and systems which are noted on this agreement as being covered, which are located on the covered property and are in normal operating condition on the first date of the term of this Agreement.
TERM The term of this Agreement for covered appliances and systems shall be one year, which will commence upon date of execution of a monthly payment plan and Company accepting the payment and issuing thisAgreement. Company reserves the right to inspect the covered property and all covered appliances and systems before issuing this Agreement.
AGREEMENT FEES Homeowner agrees to pay the costs shown on this agreement for covered appliances, systems, and options (“Agreement Fees”).
MONTHLY PAYMENT Homeowner will pay monthly with automatic credit card or bank account debits. The minimum initial term is 12 months. Coverage will automatically continue after the initial twelve-month term unless cancelled in writing by either Homeowner or Company. All coverage and additional benefits will be suspended if Homeowner account becomes delinquent. Coverage and benefits will resume once Homeowner brings account current. Following the initial twelve-month term, Company may increase Agreement Fees with 30 days notice.
SERVICE Company guarantees a response time of 24 Hours on Emergency† service 24 hours daily, and 7 days weekly, including holidays, with priority service on all service requests for Silver and Gold. For non-emergency service requests it is the Homeowner’s responsibility to provide access to the Covered Property for repairs during normal business hours.
PLANNED MAINTENANCE During the initial term of this Agreement and each subsequent 12 month term, Company will attempt to schedule heating and cooling planned maintenance with Homeowner. It is the responsibility of Homeowner to contact Company to schedule planned maintenance visits. Maintenance under the Agreement will be performed during normal working hours (Monday through Saturday 8 a.m. to 4 p.m.) and scheduled at the Company’s discretion, before and after peak heating and cooling season. Company will only perform this maintenance on working systems; the repair of non-working systems is subject to applicable fees. Satisfies annual manufacturer’s warranty requirements. Salt deliveries will be made twice a year and filter deliveries will be made once per year. Dates of delivery are to be determined by Company.
SERVICE CALL FEES Service calls for different trades cannot be combined into one call. Under the Bronze plan, Homeowner will receive a discount of 15% for repairs in addition to a service call fee of $189 for repairs after regular business hours. Additional fees apply for non covered and non emergency repairs after regular business hours. Service call fees are to be paid at the time of each repair.
ITEMS NOT COVERED HEREUNDER INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING: Cosmetic defects; cosmetically altered appliances; appliance failure resulting from rust or corrosion; poor water pressure; rust or corrosion in water lines where galvanized piping is still in place; color or purity of hot and cold water systems; water leaks and attached fixtures where water pressure exceeds 80 PSI; water service at or before the water meter; water recirculating pumps; grouting; caulking; cracked or broken ceramic; fiberglass; glass; bidets; urinals; simulated marble; granite, tubs, shower surrounds, sinks, tile, walls, floors, sub flooring and any fixture; foundation and building structure; window air conditioning units, oil furnaces and geothermal systems, gas air conditioning systems; solar water heating and components; solar electrical; water heater tank leakage; reverse osmosis systems; other point of use drinking systems; electric garage door openers; remote controls; motion and photo sensors; lighting fixtures; exhaust fans; sewers or drains that are broken (roots), cracked, offset, improperly pitched or settled; any drain or sewer that is clogged due to misuse, or water service lines; intercom systems; fire, smoke and security alarm systems; generators; batteries (computerized/electronic management systems for energy, lighting system, security or appliances); and doorbell when part of an integrated intercom system; fire sprinkler systems; irrigation systems; fireplaces; Items damaged by abuse, negligence, or improper use; hazardous or toxic materials, mold and/or fungus; chemicals; asbestos; ductwork; air filters; detachable accessories; mechanical system failure due to local code violations, pre-existing conditions and concealed or camouflaged damage; damage resulting from alterations or additions made to property or grounds and damage to any item as a result of fire, flood, smoke, lightning, freeze, earthquakes or settling of foundation and water seepage; theft, storms, accidents, war, riots, acts of God, vandalism, improper installation, power failure or surge, pest/pet damage, neglect (including coil and blower cleaning), or misuse; septic systems; wells; swimming pool systems; boiler sections, piping, radiators, bleeding of radiators; air eliminators, electric baseboard heat; refrigerator sealed systems; clothes washer rear bearings or installation of new appliances or fixtures.
LIMITATIONS This Agreement applies only to a Single Family Owner Occupied residence. This Agreement does not cover mobile homes. This Agreement covers only matters which the Company is advised during the term of the applicable Agreement, and does not cover conditions which existed prior to the issuance of this Agreement, or items that are the responsibility of the Homeowner. Company is not responsible for matching color, texture or fixture. If any system otherwise covered is rendered inoperable due to non-availability of one or more of it parts through Company’s standard purchasing channels, the Company shall not be responsible for replacement of the entire non-operating system or appliance. Company shall only be required to make a reasonable allowance based on the value of the available comparable parts. If the repair exceeds the value of the appliance, Company will make a reasonable allowance based on accepted regional appliance depreciation schedules. Company will not reimburse other vendors or Homeowner for services performed or parts purchased without prior approval. Company will not be liable for consequential damages to property or personal injury resulting from the failure of any component, system or appliance or from Company’s delay or failure to provide service due to conditions beyond Company’s control such as, but not limited to, unavailability of materials or labor difficulties. Company is not responsible for code violations or design limitations in system or appliances. Company will upgrade to code at Homeowner’s expense, but such upgrades are not covered by this Agreement. Company will secure the necessary permits, however, Homeowner is responsible for the cost of acquiring the permits. *Replacement coverage for the heat exchanger, compressor and condenser/evaporator coil is limited to the first 15 years of the appliance life. The age will be determined by the model and serial number. If there is a failure of the heat exchanger, compressor or condenser/evaporator coil after the 15th year, Homeowner will receive a $500 credit towards a replacement installed by Company. Company’s electrical diagnostic is limited to one half hour, after which preferred rates apply. Company will recharge with up to 1lb. of refrigerant in air conditioning system as well as one occurrence annually. It is Homeowner’s responsibility to provide access required to safely make repairs. The ability to make the repairs safely will be at Company’s discretion. The expense incurred to gain access, or the expense or repair of damage necessary in order to gain access such as, but not limited to landscaping, sheetrock, flooring, carpet, ceramic tile, bath or shower enclosures, paving, and damage to finished areas such as paint, wall paper and cosmetic damage resulting from any repair made under this Agreement shall be the responsibility of Homeowner.
LIMITS OF LIABILITY The express warranties and Agreements set forth in this Agreement are the only obligations of Company to Homeowner under the Agreement. All other agreements, undertakings and warranties by the company, including but not limited to warranties of merchantability of fitness for a particular purpose are expressly excluded. This Agreement does not create, establish, or confirm any obligation of Company to any person not designated as a Homeowner hereby. The maximum liability of Company under this Agreement for repairs shall be $2000.00 per occurrence. Under no circumstances shall Company be liable for consequential damages arising out of its performance or claimed nonperformance under this Agreement, including but not limited to, liability for damage to property, personal injury or death. In no event will Company be responsible for any loss, damage, illness, or injury resulting from condensation, leaks, frozen pipes or drains.
RENEWAL AND TRANSFER At Company’s sole discretion and option, this Agreement may be renewed for additional one-year periods upon payment to Company of the Company’s then effective renewal charge for the renewal Agreement requested. This Agreement may be assigned during its term to a subsequent purchaser of the covered property (“a Transferee Homeowner”), but after such assignment this Agreement will only cover systems and appliances which are transferred to the Transferee Homeowner as part of the sale. For an assignment of this Agreement to be effective, the Transferee Homeowner must, within 30 days of the closing of the sale of the covered property, notify the company in writing of the sale and of the name and address of the Transferee Homeowner. Company reserves the right to inspect the covered property before renewing or transferring the coverage.
PERFORMANCE GUARANTEE This is not a contract of insurance.
TERMINATION AND CANCELLATION The initial term of this Agreement is 12 months. Cancellation by Homeowner prior to the end of the contract may be subject to additional fees. Following the initial 12-month term this Agreement may be cancelled by Homeowner or Company with 30 days written notice. This Agreement may be cancelled by Company: 1) for Owner’s failure to pay Agreement or Service Call Fees when due; 2) in the event of fraud or material misrepresentation by Homeowner of any fact or circumstances relating to appliances, electrical, mechanical systems, and related damage, covered by this Agreement; 3) in the event the covered property is determined to be unsafe and conditions are not corrected within 30 days of notification in writing by Company. Company may cancel this agreement at any time at its discretion.
ENTIRE AGREEMENT This Agreement and the information on the Agreement Registration constitute the entire agreement between the parties. No oral representation applies. This Service Agreement is not effective until the date of execution of a Monthly Payment Plan.
†An “emergency” is defined as the failure of the covered item, which may cause personal injury or consequential damage to property if not repaired within 24 hours of notification.