ESSENTIAL HomeCareSM General Conditions
The customer cannot assign or transfer without the prior written consent of Airtron Heating and Air Conditioning and no modifications, additions or changes may be made to this agreement except in writing, signed by all parties. This instrument contains the entire agreement between the parties hereto.
- Any changes, adjustments or repairs made by others, unless authorized or approved by Airtron Heating and Air Conditioning in writing, shall terminate its obligation hereunder.
- Airtron Heating and Air Conditioning shall not be required to furnish any item of equipment, labor or other services that are recommended by insurance companies or any governmental agency, including the conducting of any test required by any of the aforementioned.
- Airtron Heating and Air Conditioning shall not be liable for any loss, damage, consequential damages, negligence, breach of contract or any damages of any nature based upon express warranty, implied warranty or other legal theory due to the non-operation or malfunction of the equipment, including damage to property or personal injury caused by the equipment, unless said malfunctions on non-operation of said equipment is due solely to the negligence of Airtron Heating and Air Conditioning.
- The express warranties contained herein are in lieu of any and all other warranties, express or implied, including any warranty or merchantability or fitness for particular use. Without limitation. Airtron Heating and Air Conditioning shall not be liable upon any warranty theory, express or implied, regarding the manufacturer of operation of any equipment installed by it with the exception that Airtron Heating and Air Conditioning shall cause some to be repaired or replaced m the event of faulty operation of malfunctions of said equipment and shall be liable for no other damages except as specified herein. Airtron Heating and Air Conditioning thus disclaims any implied warranty of any nature whatsoever.
- Airtron Heating and Air Conditioning shall not be responsible for any delay or failure to render the services or to make delivery of any merchandise as set forth herein due to federal, state or municipal actions or regulations; strikes or other labor troubles; fires; embargoes; accidents: war or any other causes contingent to, or circumstances beyond, the control of Airtron Heating and Air Conditioning and/or that make the fulfillment of these agreement impractical. Upon removal of the cause of such failures interruption, performance shall be resumed pursuant to the terms as set forth herein.
- The term of this Agreement shall commence on the Effective Date and continue for one year (the ‘Initial Term’). You agree to make payment either annually or monthly.
A. Annual Payment Option: After the Initial Term, this Agreement will automatically terminate unless renewed by the Customer within 30 days of the renewal date.
B. Monthly Payment Option: After the Initial Term, this Agreement automatically renews in additional one-year increments unless you terminate in writing no later than 30 days before your anniversary date to 5150 Elmwood Ave., Indianapolis, IN 46203 or Midwest.Regional@resservices.com
- You agree to make payments based on the plan option selected.
A. Annual Payment Option: payment can be made by preauthorized credit card or checking account (ECP). Annual payment does not require automatic draft. Or
B. Monthly Payment Option: You agree to make Monthly payments that will be drafted from a preauthorized credit card or checking account (ECP) on the Effective Date in each following month. You will not receive a monthly reminder. If you fail to make a payment when due for any reason we may terminate your Agreement. We will make attempt to collect payment via your preauthorized credit card or checking account as necessary. If your payments are not current, we may refuse to provide service under the Agreement. Except as otherwise specifically stated in this Agreement, your payments are non-refundable.
Account must be current No coupons or discounts will be allowed to be applied to the Monthly Payment Option.
- PERSONAL INFORMATION we collect and use personal information about your order to establish and manage our business relationship with you. We share such
information about you with our Authorized Repair Technicians in order to provide service under your Plan. You give us your consent to disclose information about you for the following purposes:
• Billing and/or supplying services to you under the Agreement
• Law enforcement
• Complying with a legal requirement, and
• Processing of past due accounts of yours which have been passed to a debt collection agency.
In order to maintain privacy of account and other proprietary customer information, we may request you provide us with certain information to verify you identity. Unless you tell us otherwise, you also give us your consent to use and disclose your personal information to make you aware of our other products and services that may be of interest to you.
- Airtron Heating and Air Conditioning shall not be liable for any damages whatsoever that are occasions by defective design, defective material, defective operation, malfunctions, equipment that the owner specifies or that is designed by the owner’s instructions or specifications. Neither shall Airtron Healing and Air Conditioning be liable for any design malfunction of any person or for faulty plans and specifications.
- The full price shall be due and payable immediately upon execution of this Agreement, if annual payment option is chosen.
- The customer agrees to let Airtron Heating and Air Conditioning set the tune-updates, based on availability.
- Airtron’s scope of work does not include the identification, detection, abatement, encapsulation or removal of asbestos, radongas, mold or products or material
containing asbestos, radon gas, mold or other hazardous substances. In the event Airtron encounters any such products or materials in the course of performing its work, it may remove its employees from the project until such products or materials therewith are abated, encapsulated or removed, or it is determined that no hazard exists (as the case may require) and Airtron shall receive an extension of time to complete its work hereunder and compensation for delays encountered as a result of the presence of asbestos, mold or other hazardous substances. Further, Airtron shall have no obligation to arrange for and will have no liability for the removal of, failure to detect the contamination, as a result of its failure to detect any asbestos gas, mold or other hazardous products or materials.
- Your heating and cooling system generates water as a by-product of operation. Airtron is not responsible for any damages resulting from homeowner’s negligence to properly maintain plumbing drain lines, clogged/dirty air filters, humidifier water panels, clogged primary and emergency parts, condensate pump or drain line.
NOTICE OF CANCELLATION – BUYER’S RIGHT TO CANCEL
ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE.
ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THE CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK.
IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETURN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION.
IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR THE PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
IF THIS CONTRACT WAS MADE PURSUANT TO A TELEPHONE SOLICITATION, YOU MAY, WITHIN 7 DAYS AFTER RECEIPT OF THE MERCHANDISE, GIVE A CANCELLATION OF SERVICES NOTICE TO US AND RETURN THE MERCHANDISE. WE WILL PROCESS THE REFUND WITHIN 30 DAYS OF RECEIPT OF THE RETURNED MERCHANDISE.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO DIRECT ENERGY US HOME SERVICES AT 5150 ELMWOOD AVENUE, INDIANAPOLIS, IN 46203.