- These Terms of Service, along with the Customer Enrollment Form, constitute the plan holder’s (you, your) entire Maintenance Agreement (Agreement) with Motta Heating & Air Conditioning, Inc. (we, us, our). If you have any questions, please contact us at (724) 201-0500.
- We will call you to schedule an appointment for Tune-Up(s), in accordance with Section 6. You can call us at (724) 201-0500 to schedule an appointment for repair work for a technician to come to the address listed on your Customer Enrollment Form (Address). Technicians must have safe and clear access to, and safe working conditions, at and around the work area.
- This Agreement covers only the equipment listed on the Customer Enrollment Form (Equipment) at the Address.
- You will receive a 10% discount on all filters, water panels, UV bulbs, parts, and, when invoices are paid in full at the time of service, any repair work (Repair(s)) performed on your Equipment.
- This Agreement includes 1 maintenance visit per year of your Term for each type of your enrolled Equipment (Tune-Up). Your Equipment must be performing its fundamental operation(s) in normal service for all points of the Tune-Up to be provided. This Agreement also includes priority service, compared to customers without an Agreement. The Tune-Up(s) includes the following (only as applicable to your Equipment):
- Air Conditioning/Cooling Systems:
- Check: Thermostat, electrical connections, relays, contactors, circuit boards, coil condition, coil cleanliness, coil mechanical integrity, blower and fan cleanliness, blower and fan mechanical integrity, motor(s) electrical integrity, motor(s) efficiency and amp draw, compressor amp draw, refrigerant pressures, refrigerant charge level, drains, temperature drop, general operation, and equipment condition.
- Clear: Drains
- Furnace Heating Systems:
- Check: Thermostat, electrical connections, circuit boards, filters, heat exchanger, venting, drains, traps, blower cleanliness, blower mechanical integrity, motor(s) electrical integrity, motor(s) efficiency and amp draw, manifold gas pressure and firing rate, temperature rise, safety controls, carbon monoxide leaks, natural gas leaks, efficiency through combustion analysis, general operation, and equipment condition.
- Clean: Burners, flame sensors, and pilots
- Clear: Drains
- Boiler Heating Systems:
- Check: Thermostat, voltage drop, unit clearances, furnace cabinet integrity, security of flue pipe, flue termination clear, flue slop, presence of rust, signs of water infiltration and damage, wire connections
- Visually inspect: heat exchanger(s) (primary and secondary, if applicable)
- Measure and record (as applicable): Draft, products of combustion, temperature rise
- Clean: Condensate pump
- Clear: Condensate drains
- Humidifiers, Dehumidifiers, Air Cleaners, Electric Heaters, Water Heaters, and/or Energy Recovery Ventilation Systems: Check to ensure Equipment is functioning properly.
- Repairs and Tune-Up(s) will be performed during our regular business hours, 8:00 A.M. to 4:00 P.M., Monday through Friday, subject to closures for holidays. Emergency services (as determined within our sole discretion) outside of these hours may be provided at an additional charge. Heating Tune-Up(s) will be performed during the Fall/Winter and Cooling Tune-Up(s) will be performed in the Spring/Summer. We will contact you to schedule Tune-Up(s).
- This Agreement covers only the items listed in sections 4 and 5, above.
- The price for this Agreement (Price) and how you pay is specified on the Customer Enrollment Form.
- This Agreement begins on the start date listed on your Customer Enrollment Form (Start Date) and continues for twelve (12) months (Term) unless you cancel this Agreement or fail to pay the Price.
- Your Agreement will not automatically renew at the end of the Term. We will contact you before the end of your Term for the option to renew this Agreement.
- Repairs performed under this Agreement are guaranteed: (1) against defects in workmanship for 30 days; and (2) against defects in materials in accordance with any applicable manufacturer’s warranty.
- We reserve the right to reject this Agreement if, on inspection, your Equipment is found to be unsafe or in such condition that service would be unsatisfactory to either you or us. If at any point, in our sole discretion, your Equipment is not economically repairable we will provide you with a quote for replacement of your Equipment. Until your Equipment has been replaced no further work for that Equipment will be provided to you under this Agreement.
- You may cancel at any time by calling us at (724) 201-0500. If you cancel within 30 days of your Start Date, you will receive a full refund, less the cost of any Tune-Ups or Repairs provided. If you cancel more than 30 days after the Start Date, you will receive a pro rata refund, less the cost of any Tune-Ups or Repairs provided.
- We may cancel this Agreement (a) for non-payment of the Price; or (b) for your fraud or misrepresentation of facts that are material to this Agreement or benefits provided under it; or (c) as otherwise permitted by this Agreement.
- We reserve the right to refuse service under or cancel this Agreement should you threaten or be verbally or physically abusive or offensive towards us or any of our personnel. If you miss a payment of the Price, you will not be able to use this Agreement, including requesting Tune-Up(s), until payment is made.
- If you move to a new home, please contact us as soon as possible to discuss your options to transfer this Agreement.
- We may assign this Agreement, in whole or in part, at any time without prior notice to you. We may change this Agreement (including the Price or to charge an additional fee) and delegate any of our obligations at our sole discretion and without your consent provided we give you 30 days’ prior written notice of the changes. The changes will become effective 30 days after we send you the notice. If you do not like the changes, you may cancel this Agreement.
- We maintain insurance required by statute. Proof of insurance is available on request.
- To the fullest extent permitted by applicable law, (1) you agree that we and our owners, successors, affiliates, technicians and their officers, directors, managers, employees, affiliates, agents, contractors or similar parties acting on behalf of us shall not be liable to you or anyone else for: (a) any actual losses or direct damages that exceed the amount you paid for the work under this Agreement relating to any repairs performed by us or on behalf of us or services provided under this Agreement giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by us or on behalf of us or services provided under this Agreement, regardless of whether such damages were foreseeable and whether or not we or anyone acting on behalf of us have been advised of the possibility of such damages; and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Agreement. You may have other rights that vary from state to state.
- Should any of these terms and conditions conflict with the laws of your state they shall be considered amended to comply with those laws.
YOU, WE, AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
A. ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR YOU RECEIVE OR CLAIM TO BE OWED FROM US OR HOMESERVE, WILL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. This arbitration agreement applies to disputes no matter when they arose, including claims that arose before You and We entered into this Agreement. This arbitration agreement also applies to disputes involving the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of US or HomeServe. In addition, this arbitration agreement covers any claims or causes of action against US or any and all HomeServe group affiliates (collectively, homeserve) that You may assign or subrogate to an insurer. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules. The Federal Arbitration Act applies. Unless You and We agree otherwise, any arbitration hearings will take place in the county where Your Home is located.
B. Any party bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis.
C. THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By entering into this Agreement, all parties are waiving their respective rights to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a claim only on Your own behalf and cannot seek relief that would affect other parties.
D. WE will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges You for arbitration of the dispute.
PA HIC License # PA031485