Terms and Conditions

/Terms and Conditions
Terms and Conditions 2019-01-25T18:31:26+00:00

This Extended Service Agreement, hereinafter referred to as “Extended Service Plan”, is inclusive of the manufacturer’s limited warranty and is only for the equipment and coverage’s listed/described herein. This Plan does not replace the manufacturer’s warranty, but provides additional benefits during the term of the manufacturer ’s warranty. Losses covered by the manufacturer during the manufacturer’s warranty period are not covered under this Plan.

In this Extended Service Plan the terms “we”, “us”, “our”, and “Obligor” individually and collectively refer to: ESP plan Underwriter in states or jurisdictions where it is Obligator. The “Program Manager” is listed on your policy. The terms “you”, “your”, “contract holder”, “owner “, and “End User” refer to the purchaser of this Extended Service Plan.

Plan effective Date – Coverage Start Date

This Plan is effective as of 12:01 a.m. following the date of purchase, provided that Program Manager receives the application within 15 days of the purchase date. If Program Manager is not in receipt of the application/order within this time, then the Plan effective date is the day Program Manager receives the application/order in-house. Payment in full must be received from the selling entity within 30 days from the purchase date. A delay in payment of this Plan may negate coverage. This Plan is not renewable.

Coverage begins and ends as stated in the Description section on the Declaration Page of this Plan. Coverage dates
vary and you should read the dates carefully to be certain the Plan coverage dates are accurate for the type of coverage you purchased.

WHAT IS COVERED UNDER THIS EXTENDED SERVICE PLAN (refer to coverage speci ed/purchased in the declarations section of this Plan):

Labor Only (as specified on the Declaration Section of this Plan): Pays labor only for one (1) mechanic to repair or replace the covered part which fails due to a mechanical or electrical breakdown. A labor mark-up allowance is included only if purchased and so specified in Equipment Type & Description Section of the Declarations Section of this Plan. Parts Only (as specified on the Declaration Section of this Plan): Pays for the part only which fails due to a mechanical or electrical breakdown at service provider’s cost. A parts mark-up allowance is included only if purchased and so specified in Equipment Type & Description Section of the Declarations Section of this Plan.

Parts and Labor (as specified on the Declaration Section of this Plan): Pays labor for one (1) mechanic and parts which fail due to a mechanical or electrical breakdown at service provider ’s cost. A parts and labor mark -up allowance is included only if purchased and so specified in Equipment Type & Description Section of the Declarations Section of this Plan.

All internal functioning parts supplied with the original equipment by the manufacturer.

During the term of this Plan we, at our sole discretion, will arrange through an authorized service facility to either repair, replace or reimburse you for the cost of labor and/or authorized repair or replacement of the internal components of the covered piece of equipment listed if required due to mechanical or electrical breakdown, subject to the description of coverage speci ed in this Plan and its terms and conditions. Parts can be replaced with those of like kind and quality and may be new, non-original manufacturer parts.

A mechanical or electrical breakdown is defined as the inability of a covered part to perform a routine function when properly cleaned and serviced, NOT including a reduction in operating efficiency.

Equipment Condition:

All covered equipment must have been inspected and be in good working order on date of installation. We do not guarantee that the material or workmanship supplied by the manufacturer is free of defect or will satisfy specific requirements for specific-period of time. Coverage includes equipment (installed and used in accordance with the manufacturer’s specification) as supplied by manufacturer, which falls through normal operation during the term of this Plan. Pre-existing conditions will not be covered by this Plan. Pre-existing conditions are any known failures or design/performance issues of the equipment to be covered under this Plan. It is the responsibility of the equipment tled to make a claim directly against the insurance company.

Limit of Liability:

The limit of liability for any claim under this Extended Service Plan is the cost to repair or replace your covered equipment, component or part in accordance with the terms and conditions of this Extended Service Plan. Total liability will be limited to the replacement cost of like and kind equipment, component or part during the term of this Plan. If the cost of repairs made to the equipment, component or part total the replacement cost of the equipment, component or part, we are not responsible for further repairs or coverage and this Plan is then terminated and we have no further liability. Contract holder is directed to the Declaration Section of this Plan as to the exact equipment, component(s) or part(s) covered by this plan.

Conditions and Limitations:

1.The Obligor reserves the right to select the servicer to perform any repairs called for under this Extended Service Plan. Any repairs performed on equipment by a servicer that has not been authorized by Program Manager will be declined.

2.Any material and/or work beyond that covered by the terms of this Extended Service Plan will be furnished at End User expense.

3.At the discretion of the Program Manager, new non-original manufactured parts can be used to perform repairs to equipment.

4.Parts and labor will be authorized only for one (1) servicer to repair or replace the covered part(s) which fail.

5.In lieu of mileage and/or trip charges, diagnostic charges will be paid at the industry’s usual and customary rate up to a maximum of one (1) hour. Travel time and time required to obtain parts and supplies are excluded.

6.Obliger shall not be liable for any incidental or consequential damages including damage caused by frozen or broken piping in the event of equipment failure, or extra utility expenses.

7.Obligor and/or Program Manager, at its sole discretion, reserves the right to exclude certain makes, models and types of equipment within sixty (60) d ays from receipt of this Plan. If such exclusion is exercised, you will receive a full refund of the purchase price of your plan less the value of any services or claims that have been provided or paid.

What is Excluded under this Extended Service Plan:

1. Defects in material and/or faulty workmanship as supplied by the manufacturer or manufacturer recalls and/or labor repair allowance will not be covered by “Us” under this Extended Service Plan.

2. Routine maintenance, including but not limited to “topping off” an air conditioner, replacing oil or gas nozzles, or any repairs which are made necessary because routine maintenance was not performed by Equipment Owner.

3. Features, aesthetics, paint, cabinet parts, knobs and buttons.

4. Parts costs exceeding any published rate for a covered part.

5. Labor charges or “over-time” charges charged by servicer for repairs done outside of normal hours; “Weekends” and/or “Holidays.”

6. Fees or charges for: truck, shipping, freight, taxes, to obtain replacement parts and/or supplies at supply house, site cleanup and debris removal and/or refuse container charges, equipment rental or usage fees; i.e. refrigerant reclamation, leak detectors, temporary services, refrigerant recovery and/or replacement, disposal of contaminated refrigerants and/or oils and related materials, and environmental fees.

7. Field installed components (unless part of the original unit as provided by the manufacturer and/or otherwise stated on Declarations Section of the Plan), air lters, drain lines, condensate pumps, refrigerant lines, ductwork, welding, fuses and breakers, and other controls mounted external of the unit. Electrical wiring external of the equipment or unit.

8. Consumable products, including, but not limited to, nitrogen, torch, solder, carbon dioxide, process uids, lubricants, glycol, additives, lters, media lters, humidi er lters (evaporator pad) and batteries.

9. Registers, grills, key valves, duct work, plumbing, venting, belts, dampers or nuisance calls such as resetting breakers, low or dead thermostat batteries and adjustments made to programming.

10. Hard start capacitors, motor controllers, isolation relays, time delays, zone valves (unless otherwise noted on front under “Equipment Type and Description of Coverage”).

11. Leaks on unit(s); i.e. condenser/heat pump, evaporator coil and/or refrigeration unit at the evaporator, schrader cores, condenser and/or metering device as a result of loose valves and/or loose valve caps, interconnecting ttings and/or eld piping (line sets/tubing), gas or fuel lines. Changeover of chloro uorocarbons (CFC) to non- CFC refrigerants due to governmental regulation.

Only one (1) leak repair is covered for the term of the Plan up to the initial internal charge of the unit. In the event a second leak is determined at a di erent location in the system, it will be considered eligible for coverage under the same terms as the rst leak. During the term of this Plan, Program Manager at its sole discretion shall determine if coverage applies.

12. Repairs to correct failures or malfunctions that are not manufacturing defects such as rust, brownouts, environmental conditions outside of manufacturer’s speci cations, oxidation, corrosion, water, freezing, re or other natural acts.

13. Failures to equipment or compressors due to: use of incorrect fuel mixtures, incorrect refrigerants used outside of manufacturer’s recommendations, improperly matched condensing unit and evaporator coil per the manufacturer’s speci cations or the Air Conditioning, Heating and Refrigeration Institute (ARI) ratings and/or improper use of metering devices; i.e. thermal expansion valve.

14. Failure and replacement caused by contamination of the sealed system such as Green Slime, Dirty Sock Syndrome, gumming and/or sludging of fuel lines, etc.

15. Loss of performance due to: normal wear and tear, repairs to alter the equipment and/or modi cations to original system, overrated capacities, insu cient water or poor water conditions.

16. Improper installation, abuse, modi cation, negligence or misuse of equipment or unit will render this Plan null and void.

17. Freight charges to obtain or ship parts, crane services, special tooling or inflated pricing, equipment rental or usage fees.

18.Any work performed by any servicer not approved by Program Manager will be declined for payment (also refer to Conditions and Limitations Section of this Plan).

19.Coverage does not extend to damages for personal injury, property damage, pecuniary loss, consequential or incidental damages resulting from acts of god or any action of the manufacturer, the service facility or us.

Owner’s Responsibilities:

This is not a maintenance contract and does not cover the cost of routine/seasonal maintenance. Owner’s responsibilities include providing normal care and maintenance including but not limited to, cleaning evaporator or condensing coils, drains, burners or heat exchangers; lubrication; adjustments; normal filter maintenance; and accessibility for service. All maintenance must be performed in accordance with manufacturer specifications and by a servicer approved by Program Manager. This Extended Service Plan does not include a deductible amount for the service of the unit covered in the Plan. If additional work is required by the servicer on the service of a unit not covered (excluded) in this Extended Service Plan, additional costs must be agreed upon by the end user and servicer.

To Obtain Service

When repairs are required, homeowner is required to call the mechanical contractor on face side of this Extended Service Plan. The contractor will repair your equipment and will be paid by the Program Manager for services covered under this Extended Service Plan, in accordance with the Terms and Conditions of this Plan. If the contractor called is unable to perform the service on the equipment, or if emergency repairs are necessary, call the Program Manager, as listed on your policy paperwork and a service/repair facility will be located for you. If unable to speak with a representative, contact us at info@hvacprotector.com

Emergency repairs are those which involve the loss of heating or cooling, or loss of power due to standby emergency generator failure, and that renders the dwelling uninhabitable. If unable to contact installer or Program Manager prior to any required emergency repairs, it is the responsibility of the owner to notify Program Manager within 48 hours of emergency service that emergency repairs were performed and to submit a claim in accordance with the Claim Submission procedures in these terms and conditions. All claims for emergency services will be considered and paid in the same manner as non-emergency services.

Repair Guarantee Period:

Standard Guarantee: Servicing contractor agrees to provide labor guarantee for ninety (90) days from date of repair along with any and all parts warranty coverage as provided by the part manufacturer.

Honors Club Guarantee: Servicing contractor agrees to provide labor guarantee for one (1) year from date of repair along with any and all parts warranty coverage as provided by the part manufacturer.

Claim Submission

Upon inspection and diagnosis, if it is determined that the failure is covered by this Plan, you or the service facility must submit an invoice and/or work order for any replacement parts for which charges are being made. The invoice must show model and serial number(s) of the equipment, the Plan Number (located at the front top right hand side of this contract) and the service provider’s cost and/or charges.

The work order/invoice must be submitted to the Program Manager within thirty(30) days of the date of failure at HVAC Protector, 10130 Northlake Blvd Suite 214 West Palm Beach FL 33412 for processing and payment. Program Manager may be contacted for any questions saet:e 5p6o1li-c4y0c8o-1n6ta8c6t..Detailed repair documentation and parts invoices must be made available to the Program Manager upon request no more than thirty (30) days from date the claim was received in the Program Manager’s office or when an on site inspection was made.

Transfer of Extended Service Plan

The remaining duration of this Extended Service Plan can be transferred within 90 days in cases of change of ownership. If not transferred within 90 days of transfer of ownership “We” hold the right to void this contract. To transfer your Extended Service Plan, mail a written request with proof of purchase of the successor owner, and original Extended Service Plan document and a $30.00 transfer fee (payable by check or money order) to:

Cancellation:

You may cancel this Plan for any reason during the first thirty (30) days after it is issued and obtain a full refund of the purchase price if no claims have been paid under this Extended Service Plan.

This Extended Service Plan is automatically canceled if the equipment is removed or relocated from the address identified on the face of this document.

We may cancel this Extended Service Plan during the first sixty (60) days of the initial annual term by mailing to you a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that we can also cancel this Plan during such time period for non-payment of scheduled premium when due by mailing to you a notice of can-

cellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days of the initial annual term has elapsed, we may cancel this Plan by mailing a cancellation notice to you at least ten (10) days prior to the cancellation date for non-payment of scheduled premium when due and thirty (30) days prior to the cancellation date for the following reasons:

1. Any material misrepresentations;
2. Substantial breaches of contractual duties, conditions or warranties;
3. Substantial change in the risk assumed; specifically, improper installation and/or modi cation, abuse, negligence, misuse of equipment or unit, or if equipment listed is not used for its sole purpose, or if you fail to maintain the equipment as required in “Owner’s Responsibilities.”

The notice of cancellation will be in writing to you at your last known address and contain all of the following; (a) the Plan number; (b) the date of notice; (c) the effective date of the cancellation; and, (d) a detailed explanation of the reasons for cancellation.

If we cancel this Plan after the first thirty (30) days, you will receive a pro rata refund of the original purchase price of this Plan based on the time remaining less a deduction for any services or claims that have been provided or paid under this extended service Plan.

Disclosures:

THIS PLAN IS NOT AN INSURANCE CONTRACT.

Obligations of the Program Manager under this Extended Service Plan are guaranteed under a service contract reimbursement insurance policy. Should the Program Manager fail to pay or provide service on any claim within 30 days after proof of loss has been led, the contract holder is entitled to make a claim directly against the insurance company.