Terms and Conditions
TERMS OF SERVICE AGREEMENT
FAHHS HOME WARRANTY
During the coverage period, FAHHS sole responsibility will be to arrange for our qualified service technicians (“Service Provider”) to repair or replace, at FAHHs expense (up to the limits set forth below), the systems and components mentioned as “Included” in accordance with the terms and conditions of this contract so long as such systems and components:
A. Are located inside the confines of the main foundation of the home or attached or detached garage (with the exception of the exterior component of the air conditioner); and
B. Become inoperative due to normal wear and tear; and
C. Are in place and in proper working order on the effective date of this home warranty contract. It is understood that FAHHS is the SERVICE PROVIDER and will be undertaking the responsibility to repair or replace any such systems or components. This contract covers single-family homes (including manufactured homes), new construction homes, condominiums, townhomes, and mobile homes under 5,000 square feet, unless an alternative dwelling type (i.e. above 5,000 square feet or multi-unit home) is applied, and appropriate fee is paid. Coverage is for occupied, owned or rented residential property. This contract describes the basic coverage and options available. Coverage is subject to limitations and conditions specified in this contract. Please read your contract carefully. NOTE: This is not a contract of insurance, residential service, warranty, extended warranty, or implied warranty.
II. COVERAGE PERIOD
Coverage starts 30 days after acceptance of application by FAHHS and receipt of applicable contract fees and continues for 365 days from that date.
III. SERVICE CALLS –
A. You or your agent (including tenant) must notify FAHHS for work to be performed under this contract as soon as the problem is discovered. FAHHS will accept service calls during normal working hours. Notice of any malfunction must by given to FAHHS prior to expiration of this contract.
B. Upon request for service, FAHHS will schedule a service technician to arrive at the service address within two (2) days during normal business hours and four (4) days on weekends and holidays. The office manager will contact You to schedule a mutually convenient appointment during normal business hours. FAHHS will determine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service. Emergency Services are available after normal business hours, at the sole descretion of FAHHS. You will receive two service calls at no cost , any additional calls will incur a $45 trade service call fee .The service fee applies to each call dispatched and scheduled, including but not limited to those calls wherein coverage is included, excluded,or otherwise denied. The service fee also applies in the event You fail to be present at a scheduled time, or in the event You cancel a service call at the time a service contractor is in route to your home or at your home. Failure to pay the Service Fee will result in suspension or cancellation of coverage until such time as the proper Service Fee is paid. At that time, coverage may be reinstated; however, the contract period will not be extended.
E. If service work performed under this contract should fail, then FAHHS will make the necessary repairs without an additional trade service call fee for a period of 60 days on parts and 30 days on labor.
IV. COVERAGE (COVERAGE DEPENDANT ON PLAN)
The Coverage is for no more than one unit, system, or appliance, unless additional fees are paid. If no additional fees are paid, covered unit, system, or appliance is at the sole discretion of FAHHS.
1. AIR CONDITIONING/COOLER
NOTE: Not exceeding 5 (five) ton capacity and designed for residential use.
INCLUDED: Ducted electric central air conditioning, ducted electric wall air conditioning. All components and parts, for units 15 seer AND ABOVE,metering devices - Thermal expansion valves. FAHHS will include into the bid for the job , the cost of any modifications necessitated by the repair of existing equipment or the installation of new equipment.
2. HEATING SYSTEM OR BUILT-IN WALL UNIT
NOTE: Main source of heat to home not to exceed 5 (five) ton capacity and designed for residential use.
INCLUDED: All components and parts necessary for the operation of the heating system.
INCLUDED: Duct from heating unit to point of attachment at Registers and grills - Insulation - insulated ductwork – Vents, flues and breaching – Ductwork exposed to outside elements - Improperly sized ductwork - Separation due to settlement and/or lack of support - Damper motors - Diagnostic testing of, or locating leaks to ductwork, including but not limited to, as required by any federal, state or local law, ordinance or regulation, or when required due to the installation or replacement of system equipment.
VI. LIMITATIONS OF LIABILITY
1. FAHHS is not responsible for providing access to or closing access from any covered item which is concrete-encased or otherwise obstructed or inaccessible.
2 At times it is necessary to open walls or ceilings to make repairs. FAHHS is not responsible for restoration of any wall coverings, floor coverings, plaster, cabinets, counter tops, tiling, paint, or the like.
3.FAHHS is not responsible for the repair of any cosmetic defects or performance of routine maintenance.
4. You may be charged an additional to dispose of an old appliance, system or component, including, but not limited to the following items: condensing units, evaporator coils, compressors, capacitors, and any system which contains dangerous or hazardous materials.
5. FAHHS is not liable for service involving hazardous or toxic materials including but not limited to mold, lead paint, or asbestos, nor costs or expenses associated with refrigerant recovery, recycling, reclaiming or disposal. FAHHS is not liable for any failure to obtain timely service due to conditions beyond its control, including, but not limited to, labor difficulties or delays in obtaining parts or equipment.
6. FAHHS has the sole right to determine whether a covered system or appliance will be repaired or replaced. FAHHS is responsible for installing replacement equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand or color. FAHHS is not responsible for upgrades, components, parts, or equipment required due to the incompatibility of the existing equipment with the replacement system or appliance or component or part thereof or with new type of chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments. If parts are no longer available, FAHHS will offer to apply the credit designated in the tier chose towards new equipment that will satisfy the neccessary repair. replacement of entire systems or appliances due to obsolete, discontinued or unavailability of one or more integral parts.FAHHS reserves the right to rebuild a part or component, or replace with a rebuilt part or component.
7. FAHHS is not liable for repairs related to costs of construction, carpentry or other incidental costs associated with alterations or modifications of appliances, components or installation of different equipment and/or systems. Except as required to maintain compatibility with equipment manufactured to be 13 SEER and/or 7.7 HSPF or higher compliant, FAHHS is not responsible for providing upgrades, components, parts or equipment required due to the incompatibility of the existing equipment with the replacement system, appliance or component/part, including but not limited to efficiency as mandated by federal, state or local governments.
8. FAHHS is not responsible for repairs related to inadequacy, lack of capacity, improper installation, mismatched systems, oversized systems, undersized systems, previous repair or design, manufacturer’s defect, and any modification to the system or appliance.
9.Commercial equipment and repairs are not covered under this agreement.
In the event of a dispute over claims or coverage You agree to file a written claim with Faith and Hope HVAC Services and allow FAHHS thirty (30) calendar days to respond to the claim. The parties agree to mediate in good faith before resorting to mandatory arbitration in the Texas.
Except where prohibited, if a dispute arises from or relates to this Agreement or its breach, and if the dispute cannot be settled through direct discussions you agree that:
A. Any and all disputes, claims and causes of action arising out of or connected with this Agreement shall be resolved individually, without resort to any form of class action.
B. Any and all disputes, claims and causes of action arising out of or connected with this Agreement (including but not limited to whether a particular dispute is arbitrable hereunder) shall be resolved exclusively by the American Arbitration Association in the state of Texas under its Commercial Mediation Rules. Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including without limitation contract, tort, common law, statutory, or regulatory duties or liability.
C. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $1500 per claim, but in no event attorneys' fees.
D. Under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, shall be governed by, and construed in accordance with, the laws of the State of Texas U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
VIII. BUILDING AND ZONING CODE REQUIREMENTS OR VIOLATIONS
A.FAHHS will not contract for services to meet current building or zoning code requirements or to correct for code violations, nor will it contract for services when permits cannot be obtained. FAHHS will not pay for the cost to obtain permits.
B. FAHHS is not responsible for any upgrade or additional costs or expenses that may be required to meet current building or zoning code requirements or correct for code violations. This includes city, county, state, federal and utility regulations and upgrades required by law.
IX. MULTIPLE UNITS AND INVESTMENT PROPERTIES
A. If the contract is for duplex, triplex, or fourplex dwelling, then every unit with in such dwelling must be covered by a FAHHS contract with applicable optional coverage for coverage to apply to common systems and appliances.
B. If this contract is for a unit within a multiple unit of 5 or more, then only items contained within the confines of each individual unit are covered. Common systems and appliances are excluded.
C. Except as otherwise provided in this section, common systems and appliances are excluded.
X. TRANSFER OF CONTRACT & RENEWALS
A. If your covered property is sold during the term of this contract You must notify FAHHS of the change in ownership and submit the name of the new owner in order to transfer coverage to the new owner.
B. You may not transfer this contract at any time, if a balance exists on the account.
C. This contract may be renewed at the option of FAHHS and where permitted by state law. In that event You will be notified of the prevailing rate and terms for renewal.
D. If You select the monthly payment option and FAHHS elects to renew your contract, FAHHS will notify You of applicable rate and terms of renewal during the tenth month of your contract. You will automatically be renewed for a monthly coverage period unless You notify FAHHS in writing 30 days prior to the expiration of the contract. Your first payment for the next contract term will be construed as authorization for month-to-month charges.
This is a maintenance agreement for repair, replacement, or partial replacement of the products listed that are deemed manufactured or sold by the manufacturer. This is not a contract of insurance, residential service, warranty, extended warranty, or implied warranty. You may cancel within the first 30 days of the order date for a refund of the paid contract fees, less a $100 administrative fee and any service costs incurred by FAHHS.
This contract shall be non-cancelable by FAHHS except for:
1. Nonpayment of contract fees;
2. Nonpayment of Service Fee, as stated in Section III;
3. Fraud or misrepresentation of facts material by You to the issuance of this contract;
4. Mutual agreement of FAHHS and You. This is a 12 month contract, and cannot be cancelled after 30 days. If a cancellation is requested, You shall be entitled to a pro rata refund of the paid contract fee for the unexpired term, less a $150 administrative fee and any service costs incurred by FAHHS, as well as an early termination fee of $200. All cancellation requests must be submitted in writing.
5. If a contract is cancelled within the 12 month contract, but after the credit has been applied to the account, in the amount featured in either Tier 1 or Tier 2, the credit will be deducted from any refund owed.