If you have questions or concerns regarding this statement you should first contact Smart Home Heating & Cooling at firstname.lastname@example.org or 76 Williamsburg Ln, Lancaster, NY, Buffalo, NY, 14086, United States.
Where the context allows, the following phrases will have the indicated definitions. “Authorized Technician” means the person(s) authorized by Smart Home Heating & Cooling to fulfil the service hereunder, which may include 3rd party subcontractors vetted by Smart Home Heating & Cooling. “Customer” or “you” is defined as the party or individual who purchases the service hereunder. “Equipment” is defined as the HVAC unit that is subject to the service. “Service” means the inspection, service, repair, change, replacement or installation of equipment. “Smart Home Heating & Cooling” or “our” or “we” signifies Smart Home Heating & Cooling LLC and our subsidiaries. “Service Order” means the agreement to be executed between Smart Home Heating & Cooling and Customer. “Smart Home Heating & Cooling Program Terms” means the specific features of all service categories.
By proceeding with the Service or making a payment for all or part of said Service the Customer agrees to accept the Service pursuant to these terms and conditions. PLUS maintenance contracts will automatically renew on an annual basis unless you notify us in writing a minimum of 30 days before the agreement expires.
Warranty And 100% Satisfaction Guarantee
Smart Home Heating & Cooling accepts complete and utter responsibility for your satisfaction. This means that if you are not completely satisfied with the equipment installation Service, we will address your concerns until those issues are resolved or we will remove the installed equipment and provide a full refund. This 100% satisfaction guarantee only applies if: (i) your System is being maintained on an annual basis by a Smart Home Heating & Cooling authorized technician; (ii) all repairs recommended are being performed (iii) the equipment is only being used for the intended purpose and has not been subjected to alterations or abuse. The warranties provided herein and remedies for breach thereof are conditioned upon customer providing notification to Smart Home Heating & Cooling in a timely manner. They are given by Smart Home Heating & Cooling and accepted by Customer in lieu of any and all other remedies, express or implied, and IN LIEU OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A SPECIFIED PURPOSE. SMART HOME DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY.
Limitation Of Liability
UNDER NO CIRCUMSTANCES NOTWITHSTANDING ANYTHING TO THE CONTRARY, WHETHER IT ARISES IN CONTRACT, EQUITY, TORT, NEGLIGENCE OR OTHERWISE SHALL SMART HOME HEATING AND COOLING 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, DATA LOSS, LOSS OF OPERATING TIME OR REDUCTION OF FACILITY USAGE OR ANY PORTION THEREOF, INCREASED EXPENDITURE RESULTING FROM BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR INABILITY TO PROVIDE CUSTOMER SERVICES. UNDER NO CIRCUMSTANCES SHALL SMART HOME BE RESPONSIBLE OR LIABLE FOR DAMAGE, LOSS, INCURRED COST ARISING FROM ANY SOURCE WHATSOEVER, INCLUDING NEGLIGENCE, IN EXCESS OF THE PRICE PAID BY CUSTOMER FOR SERVICE WHICH MAY GIVE RISE TO SAID DAMAGE, LOSS OR COST.
What Is Not Covered/Guaranteed
This agreement does not cover (a) Ultimate Care Plan which is our maintenance plan and/or extended warranty plans governed by a separate agreement between you and Smart Home Heating & Cooling (b) additional HVAC system added to your heating or cooling system, unless otherwise agreed in writing (c) any type of maintenance to your system that has been changed or repaired by anyone other than Smart Home Heating & Cooling (d) damage or other failure caused by us that is beyond our control including but not limited to repairs due to operational negligence, failure by the part of customer to maintain the system according to manufacturer standards and specifications (e) damage or failure caused by animals or insects (f) regular maintenance like lubricants, refrigerant access, filters (g) failure and Dirty sock Syndrome etc (h) corrosive conditions caused by location or the existence of moisture (i) leaks in the evaporator, condenser (j) miscellaneous items such as nitrogen that are used to detect or diagnose failures (k) changes on the equipment to meet changes in federal or state codes (l) manual or digital thermostats unless specifically included in the description of said service.
Compensation, Invoicing And Payment
Payment is due upon work completion. Delinquent accounts are subject to interest at the rate of 1 ½ % per month, but not in excess of the max rate permitted under applicable law. The Customer agrees to pay all expenses incurred by Smart Home Heating & Cooling for collecting any overdue amounts and said interest rate, including but not limited to, attorney and legal proceedings. For any service regardless of type, Smart Home Heating & Cooling shall invoice the customer for all charges incurred and the invoice will be due upon completion of work. For any service that must be performed across a span of different service calls or over a given timeframe, customer may authorize payment by “Automatic Checking Account Debit” or Credit Card Debit whereby Customer agrees to pay in monthly installments directly to Smart Home Heating & Cooling . This automatic payment authorization will continue until a written notice of termination is received by Smart Home Heating & Cooling.
Customers shall schedule a date for service at the time of purchase or else authorize Smart Home Heating & Cooling to contact the customer at a later time to schedule the service call. If any service is not scheduled at time of purchase or if the appointment is cancelled or otherwise prevented from occurring, Smart Home Heating & Cooling will make three reasonable attempts to schedule said appointment to complete the applicable service. To the extent permitted by law, in the event Smart Home Heating & Cooling cannot reach the customer then the customer agrees that Smart Home Heating & Cooling shall have fulfilled its obligation to such service herunder , and Smart Home Heating & Cooling will retain all funds associated with the purchase of said service.
Consent To Contact
By entering into this agreement, you expressly agree and give us permission to contact you by phone to schedule and provide you with products and services associated with the service or product you asked for. You consent to receive future communications and advertising about the whole range of our services by phone, email or mail. You consent and agree that we may provide contact information to third party partners for use in marketing related products, services and extended warranties to you.
Smart Home Heating & Cooling hereby notifies the customer that persons or companies carrying out labor or materials for the construction or Customer’s land may have lien rights on Customer’s land and buildings if not paid.
This agreement shall be governed by the law of New York State.
Smart Home Heating & Cooling’s 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. Smart Home Heating & Cooling’s rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights or remedies available to us under applicable law.
Headings And Severability
The headings in this agreement are for convenience only and shall not be taken 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 remaining parts shall be unaffected.
These general Terms and Conditions together with the Smart Home Heating & Cooling 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 issues and signed by Smart Home Heating & Cooling. No prior representations, inducement or promise, or agreement, 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 Smart Home Heating & Cooling. THIS OFFER IS EXPRESSLY LIMITED TO ACCEPTANCE UPON THE TERMS AND CONDITIONS CONTAINED HEREIN.
New York Addendum To Smart Home Heating And Cooling’s Service Order
Any contractor, subcontractor or materialman who provides home improvement services pursuant to your contract who is not paid may have a valid legal claim against your property known as mechanic’s lien. Any mechanic’s lien filed against your property may be discharged. Payment of the agreed-upon price under the contract prior to filing the lien may invalidate such lien. The owner may contact an attorney to determine his or her rights to discharge.
Disclosure Of Cancellation Rights
In addition to any rights otherwise to revoke an offer, the owner may cancel this contract until midnight of the third business day after the day on which the owner had signed an agreement or offer to purchase relation to such contract by delivering the attached form Notice Of Cancellation to Smart Home Heating & Cooling.
Data Collection And Log Data
When you visit our Website, we automatically collect certain information about your system, including information about your IP, web browser, and some of the cookies that are installed on your computer. In addition, as you browse the Website, we collect information about the individual web pages you visit, what search terms referred you to our online property, as well as information about your interaction with the Website. Cookie collection is used to passively gather demographic information, in an effort to personalize your experience on our site and monitor other activities. These are defined as files downloaded to your computer to track movements within web sites and the world wide web.
Data Collected Upon Registration & Usage
If you sign up for our newsletter or if you request an online quote, you would be required to submit some personally identifiable information to Smart Home Heating & Cooling. This may include your name, email, address, telephone number as well as other information you provide to us pertaining to the nature of the job at hand. We may use this information to advertise our services to you, or provide other information. If at any time you wish to stop receiving this type of communications from us, please follow the unsubscribe instructions that will be provided on each and every piece of correspondence we may send you. As stipulated above, we may use your Personal Information to provide you with targeted advertisements or marketing communications that may be of interest to you. You can visit the Network Advertising Initiative’s (“NAI”) educational page for more information at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
If needed, we would work closely with government and law enforcement organisations to comply with the law. We may unveil any information about you upon governmental request as we, in our sole discretion, believe necessary in order to respond to claims, legal process and to protect the property and rights of Smart Home Heating And Cooling or a third party, and to prevent illegal activity, as well as safeguard the safety of the public or any physical person.
Smart Care Plan Data Collection & Third Parties
In the instance of buying a Smart Care Plan subscription you give explicit consent to Smart Home Heating and Cooling to process your data with Housecall Pro, which is a management tool for HVAC businesses. We use Housecall Pro to help schedule your visit, send you estimates, dispatch trucks and technicians, as well as for invoicing purposes. Learn more about the software at this link: https://www.housecallpro.com/privacy/
For more information about the privacy standards that we adhere to, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail using the details provided below:
76 Williamsburg Ln, Lancaster, NY, Buffalo, NY, 14086, United States