Membership Terms and Conditions
MEMBERSHIP TERMS AND CONDITIONS These Terms and Conditions apply to the MEMBERSHIP plan selected by the Homeowner identified in the MEMBERSHIP registration (“Homeowner”) and Bonfe’s Plumbing, Heating & Air Service, Inc. (“Company”) and together with the registration are the “Agreement”. This Agreement is for services provided solely by Company and other such companies under its direction and is not a warranty. During the term of this Agreement, the Company agrees to repair the listed home mechanical system (plumbing, heating, air-conditioning, or electrical hereinafter “Covered Systems”) which are located at the covered property in accordance with the plan selected. Homeowner agrees to receive text messages from Seller. Company reserves the right to inspect the covered property and all Covered Systems before commencement of this Agreement.
TERM The term of this Agreement commences on the date of execution of an accepted, monthly payment plan (“Commencement Date”) and will continue for 12 months following Commencement Date. Coverage will automatically continue after the initial one-year term unless cancelled in writing by either Homeowner or Company.
FEES AND MONTHLY PAYMENT Fees for services are identified on MEMBERSHIP Registration (“Agreement Fees”). Homeowner will pay Agreement Fees on a monthly basis via automatic credit card or bank account debits. All coverage will be suspended if Homeowner’s Agreement Fees become delinquent. Following the initial one-year term, Company may increase Agreement Fees with 30 days’ notice.
SERVICE Company guarantees a response time of 24 Hours on Emergency† service 24 hours daily, and 7 days weekly, including holidays.
PLANNED MAINTENANCE It is the responsibility of Homeowner to set up planned maintenance visits. Maintenance under the Agreement will be scheduled at the Company’s discretion. Company will only perform this maintenance on working systems; the repair of non-working systems is subject to applicable fees.
SERVICE CALL FEES Service calls for different trades cannot be combined into one visit. Service Fees (listed in plan) are charged for each trade visit. Service visits after regular business hours will incur an After Hours Service Fee (listed in plan). Additional fees apply for non-covered and non-emergency repairs after regular business hours. Service call fees must be paid at the time of each visit.
EXCLUSIONS Any non-mechanical repair, optional maintenance and system enhancements, or intensive cleaning of main sewer lines is specifically excluded from coverage under this Agreement. Mechanical repairs are repairs specific to a machine or a mechanism powered by electricity or an engine. Other exclusions include: cast iron, galvanized and black iron piping; low voltage work.
LIMITATIONS This Agreement applies only to a single family, owner occupied residence. This Agreement covers only matters which arise during the term of the Agreement and does not cover pre-existing conditions or items that are the responsibility of the Homeowner. Company is not responsible for matching color, texture or fixture. If any Covered System is rendered inoperable due to non-availability of one or more of its parts through Company’s standard purchasing channels, the Company will not be responsible for replacement of the entire non-operating system. Company will make a reasonable allowance based on the value of the available comparable parts and service. Company will not reimburse other vendors or Homeowner for services performed or parts purchased without prior written approval by an authorized representative of the Company. Company will not be liable for consequential damages to property or personal injury resulting from the failure of any component or system from Company’s delay or failure to provide service due to conditions beyond Company’s control such as, but not limited to, unavailability of materials or labor difficulties. Company is not responsible for code violations or design limitations in systems. Company may upgrade to code at Homeowner’s expense, but upgrades are not covered by this Agreement. Replacement coverage for the heat exchanger, compressor and condenser/evaporator coil is limited to the first 15 years of the system life. The age will be determined by the model and serial number. If there is a failure of the heat exchanger, compressor or condenser/evaporator coil after the 15th year, Homeowner will receive a $500 credit towards a replacement installed by Company. Replacement coverage for the air-to-air exchanger is limited to the first 10 years of the system life and excludes core. If there is a failure of the air-to-air exchanger after the 10th year, Homeowner will receive a $500 credit towards a replacement, installed by the Company. Company’s electrical diagnostic is limited to one half hour, additional charges will receive MEMBERSHIP discount. Company will recharge with up to 1lb. of refrigerant in air conditioning system as well as one occurrence annually. It is Homeowner’s responsibility to provide access required to safely make repairs. The ability to make the repairs safely will be at Company’s discretion. The expense incurred to gain access, or the expense or repair of damage necessary to gain access such as, but not limited to landscaping, sheetrock, flooring, carpet, ceramic tile, bath or shower enclosures, paving, and damage to finished areas such as paint, wallpaper and cosmetic damage resulting from any repair made under this Agreement is the responsibility of Homeowner.
LIMITS OF LIABILITY The maximum liability of Company under this Agreement for repairs is up to $1500.00 per occurrence. Under no circumstances is Company liable for consequential damages arising out of its performance or claimed nonperformance under this Agreement, including but not limited to, liability for damage to property, personal injury or death. In no event will Company be responsible for any loss, damage, illness, or injury resulting from condensation, leaks, frozen pipes or drains. The Company shall not be responsible for repairs to the Covered Systems arising out of or related to damages or defects caused by abuse, alterations to the Covered Systems not executed by the Company, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage of the Covered Systems. The Company shall also not be responsible for repairs to the Covered Systems arising out of or related acts of God, war, civil commotion, fire, flood or other casualty, shortages of labor, materials or equipment, government regulations, unusually severe weather, or other causes beyond the Company’s reasonable control.
RENEWAL AND TRANSFER This Agreement may be assigned during its term to a subsequent purchaser of the covered property (“a Transferee Homeowner”). For an assignment of this Agreement to be effective, the Transferee Homeowner must, within 30 days of the closing of the sale of the covered property, notify the Company in writing of the sale and of the name and address of the Transferee Homeowner. Company reserves the right to inspect the covered property before renewing or transferring the coverage.
TERMINATION AND CANCELLATION The initial term of this Agreement is 12 months. Cancellation by Homeowner prior to the end of the contract may be subject to additional fees. Following the initial 12-month term this Agreement may be cancelled by Homeowner or Company with 30 days written notice. This Agreement may be cancelled by Company: 1) for Owner’s failure to pay Agreement or Service Call Fees when due; 2) in the event of fraud or material misrepresentation by Homeowner of any fact or circumstances relating to electrical, mechanical systems, and related damage, covered by this Agreement; 3) in the event the covered property is determined to be unsafe, and conditions are not corrected within 30 days of notification in writing by Company. Company may cancel this agreement at any time at its discretion.
ENTIRE AGREEMENT This Agreement and the information on the Agreement Registration constitute the entire agreement between the parties for MEMBERSHIP coverage.