WEB SITE TERMS OF SERVICE
©Copyright 2017 Service Experts LLC. All rights reserved. Except as otherwise noted in this web site, all information, documentation and other content posted in this web site (collectively, the "Information") is the property of SE Holdco, LLC and its parent, subsidiaries and affiliates or a third party who has granted Service Experts LLC permission to use such information (collectively "Service Experts"). Without limiting the foregoing, the text, content, graphics, icons and overall appearance of this web site are the property of Service Experts. The posting of information does not constitute a waiver of any of Service Experts' proprietary rights in such information (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information is protected by U.S. and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information. You may not sell or republish, or copy for other than your own individual use, the Information or any portion thereof without the prior written consent of Service Experts.
Service Experts' trademarks may not be used in connection with any product or service that is not the property of Service Experts, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Service Experts. Other trademarks used on this site are the property of their respective owners and are used herein solely for descriptive purposes. Mention on this Web site of trademarks held by other parties should not be construed as a challenge to said trademarks' status or ownership.
THIS WEB SITE IS PROVIDED BY SERVICE EXPERTS ON AN "AS IS" BASIS. SERVICE EXPERTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE OPERATION OF THE WEB SITE, OR THE CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SERVICE EXPERTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE EXPERTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SERVICE EXPERTS WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF OUR WEB SITE. SERVICE EXPERTS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SERVICE EXPERTS IS NOT RESPONSIBLE FOR THOSE COSTS.
This Web site is created and controlled by Service Experts in the State of Texas, U.S.A. As such, the laws of the State of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. By use of this web site you irrevocably consent for any and all disputes with Service Experts to the venue of state or federal courts located in the State of Texas. If you access the Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time with or without notice to its users.
USE OF USER-GENERATED CONTENT
Service Experts retains ownership and the right to publish, without permission and in any format, any content submitted by any user of this Web site or any Service Experts-owned Web site.
LINKS TO OTHER SITES
The Web site contains links to third party Web sites. These links are provided solely as a convenience to you and do not constitute an endorsement of the sites, the third parties themselves, or their goods, services, or products. Service Experts is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
ADDRESS OF RECORD
Service Experts LLC
3820 American Drive
Plano, Texas 75075
HVAC PRODUCT & SERVICE TERMS AND CONDITIONS
Where the context permits, the following words shall have the meanings indicated. “Authorized Service Technician” means the person(s) authorized by Service Experts to furnish the Service hereunder, which may include third party subcontractors authorized by Service Experts. “Customer” or “you” means the person, partnership, company, or corporation purchasing the Service hereunder. “Equipment” means the HVAC unit or associated equipment that is the subject of the Service rendered hereunder. “Service” means the installation, inspection, servicing, reconditioning, start-up, alteration, repair, replacement, or correction of Equipment, or a part thereof, or assistance with respect thereto. “Service Experts” or “our” or “us” or “we” means Service Experts LLC, a Delaware limited liability company, d/b/a Service Experts Heating & Air Conditioning and each of its subsidiaries. “Service Order” means the executed agreement between Service Experts and Customer setting forth the terms of the Service, which incorporates these Terms and Conditions. “Service Experts Program Terms” means the specific features of any of the following: (1) Ultimate Protection Plan, and/or (2) Plus Maintenance Agreement.
By accepting the Service or making a payment for all or part of the Service Customer accepts the Service pursuant to these terms and conditions. PLUS Maintenance contracts will automatically renew annually unless you notify us in writing at least 30 days before your contract expires.
WARRANTY AND 100% Satisfaction Guarantee*
Service Experts agrees to accept responsibility for your 100% complete satisfaction. This means that if you are not totally satisfied with the product installation Service, we will promptly address and perform to your complete satisfaction those issues regarding material or workmanship or we will remove the installed equipment and refund your money. If you are not totally satisfied for the first year following the Service performed by Service Experts, we will promptly address and perform to your complete satisfaction those issues regarding material and workmanship or we will refund your Service fee. This 100% Satisfaction Guarantee* applies so long as: (i) the entire HVAC system (the “System”) is maintained annually by a Service Experts Authorized Service Technician; (ii) all repairs recommended by Service Experts are performed on the System; and (iii) the System has been used solely for the purpose and under the conditions for which it was designed and has not been subjected to misuse, alteration, accident or abuse.
The warranties herein and remedies for breach thereof are exclusive and conditioned upon Customer providing timely notification to Service Experts. They are given by Service Experts and accepted by Customer in lieu of any and all other remedies, warranties, and guarantees, express or implied, and IN LIEU OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SERVICE EXPERTS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES, WHETHER ARISING IN THE CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL SERVICE EXPERTS, ITS AGENTS, AND ITS EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST DATA, LOSS OF OPERATING TIME OR LOSS OF, OR REDUCTION IN USE OF, ANY FACILITIES (INCLUDING EXISTING FACILITIES) OR ANY PORTION THEREOF, INCREASED EXPENSE OF OPERATION OR MAINTENANCE, OR EXPENSE OR REPLACEMENT PRODUCTS RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN OR THE INABILITY TO RENDER ANY SERVICE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL SERVICE EXPERTS BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, OR DAMAGE ARISING FROM ANY SOURCE WHATSOEVER, INCLUDING NEGLIGENCE, IN EXCESS OF THE PRICE PAID BY CUSTOMER FOR THE SERVICE WHICH GIVES RISE TO THE LOSS, COST, OR DAMAGE. WHAT IS NOT COVERED/GUARANTEED
This contract does not cover: (a) Ultimate Protection Plan which is a maintenance plan and/or extended warranty plans governed by a separate agreement between You and Service Net Warranty, LLC.; (b) any additional Equipment that is added to Your heating and/or air conditioning system, unless we agree that for an additional annual fee to cover same; (c) any maintenance to Equipment that has been altered or repaired by anyone other than an Authorized Service Technician, including any unauthorized alterations made by you to the Equipment; (d) damage or other Equipment failure due to causes beyond Service Experts’ control including, but not limited to, repairs necessary due to operator negligence, Customer’s failure to maintain the Equipment according to the owner’s manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, moisture or other unusual atmospheric conditions, acts of war or acts of nature; (d) consumable items defined as any part that is considered consumable by the manufacturer; (e) damage or failure caused by animals or insects; (f) regular maintenance, maintenance parts such as filters, lubricants, or refrigerant gasses, unless specifically included in the description of the applicable Service; (g) failure and replacement caused by contamination of the sealed system such as by Green Slime, Dirty Sock Syndrome, etc.; (h) corrosive conditions caused by location or moisture;
(i) leaks in the Equipment in the evaporator, Schrader cores, condenser and/or metering device or other connections resulting from loose valves and/or loose valve caps, interconnecting fittings and/or field piping (line sets/tubing); (j) miscellaneous items such as nitrogen that are used to detect or diagnosis failures unless specifically included in the description of the applicable Service; (k) alteration of the Equipment to meet changes in federal, state or local codes and regulations, or repairs which require additional parts and labor to bring the Equipment into working condition as a result of such government regulations; and/ or (l) manual or digital thermostats unless specifically included in the description of the applicable Service.
COMPENSATION, INVOICING, AND PAYMENT
Payment is due upon completion of work. Delinquent accounts are subject to interest at the rate of 1 1/2% per month, but not in excess of the maximum rate permitted under applicable law. Customer agrees to pay all expenses incurred by Service Experts for collecting any delinquent accounts, including, but not limited to reasonable attorney’s fees, filing fees and associated costs.
For any Service for the inspection, tune-up, or maintenance of Equipment to be performed in a single service call, Service Experts shall invoice the Customer for all charges incurred in accordance herewith and such invoices shall be due upon completion of work. For any Service to be performed on multiple service calls or over a specified term, Customer may authorize payment by “Automatic Checking Acct Debit” or “Automatic Credit Card Debit”, whereby Customer authorizes Service Experts to charge a monthly installment from Customer’s account beginning one month after the application is approved. The automatic monthly payment will continue until a written notice of termination is received by Service Experts. As permitted by applicable law, upon renewal of this contract, Customer agrees that Service Experts may change or increase the monthly installment charge and automatically debit such charge in connection with any changes to standard service fees. Cancellation will be subject to Service Experts then current refund policy or in the case of Ultimate Protection Plan, pursuant to service net warranty, LLC’s, terms and conditions.
Customer shall schedule a date for Service at the time of purchase or else authorize Service Experts to contact Customer at a later time to schedule the appointment. If any Service is not scheduled at the time of purchase, or if the appointment is cancelled or otherwise prevented from occurring, Service Experts will make three reasonable attempts to schedule the appointment to complete the applicable Service. To the extent permitted by applicable law, in the event Service Experts cannot reach Customer after three reasonable attempts or is not permitted to perform the Service after three attempts to schedule such Service, then Customer agrees that Service Experts shall have fulfilled its obligations as to such Service hereunder, and Service Experts shall retain all funds associated with the purchase of such Service and be relieved of any further obligations to provide the Services.
CONSENT TO CONTACT
By entering into this agreement, you expressly consent and permit Service Experts to contact you by phone (via live operator or automated call) to schedule and provide products and services associated with your purchase or service. You consent to receive future communications and advertising about the products and services we offer via phone, email or mail. You consent and agree that we may provide your contact information to our third party partners for use in marketing related products, services and extended warranties to you.
Service Experts hereby notifies Customer that persons or companies furnishing labor or materials for the construction on Customer’s land may have lien rights on Customer’s land and buildings if not paid.
This Agreement shall be construed and governed by the laws of the State of Texas.
Service Experts’ waiver of any breach by Customer of any of the provisions contained herein shall not constitute a waiver of any other breach of the same or any other provision. Service Experts’ rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights and remedies available to Service Experts under applicable law.
HEADINGS AND SEVERABILITY
The headings of the paragraphs of this agreement are for convenience only and shall not be construed as adding meaning to the provisions. If a court determines that any part of this agreement is unenforceable, the parties agree that only the portion of this agreement that is so determined to be unenforceable and shall be stricken and that the remaining parts shall be unaffected.
These General Terms and Conditions, together with the Service Experts’ Service Order, state specific addendum attached hereto, and any applicable Program Terms, shall constitute the entire agreement of the parties and shall not be modified except by written change order issued and signed by Service Experts. No prior representations, inducements, promises, or agreements between the parties, whether oral or written, shall be of any force or effect and any said prior representations, inducements, promises, or agreements are hereby revoked and superseded. No terms stated by Customer in accepting or acknowledging this offer or otherwise shall be binding except as expressly incorporated herein by Service Experts. THIS OFFER IS EXPRESSLY LIMITED TO ACCEPTANCE UPON THE TERMS AND CONDITIONS CONTAINED HEREIN.
Indiana Addendum to Service Experts’ Service Order
Consumer Inquiries May Be Directed To:
Customer Service Department
Rolf Griffin Service Experts
1702 South Fairfield Avenue
Fort Wayne, IN 46802
Indiana’s Opportunity to Repair Act
INDIANA CODE ANNOTATED § 32-27-3 CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR OR BUILDER OF YOUR HOME. SIXTY (60) DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR CONTRACTOR. HOWEVER, IF YOU UNREASONABLY REJECT A REASONABLE WRITTEN OFFER AND COMMENCE AN ACTION AGAINST THE BUILDER OR CONTRACTOR, A COURT MAY AWARD ATTORNEY’S FEES AND COSTS TO THE BUILDER OR CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
©2017, Service Experts LLC, Service Experts Heating & Air Conditioning name, logo and design are registered and/or common law or licensed trademarks of Service Experts LLC and SE Canada Inc.