Terms of Service

Membership Terms and Conditions

Please read carefully

This Service Agreement

These terms and conditions include many elements of coverage–please see Your Enrollment Form for the coverage(s) You are enrolled in.

Your Service Agreement (“Service Agreement”) consists of these terms and conditions as well as Your Enrollment Form, which lists important information about Your coverage (“Enrollment Form”) and is the entire agreement between You and Us.

This Service Agreement provides certain coverage for Your heat pump (“Heat Pump”), cooling system (“Cooling System”), heating system (“Heating System”), and generator (“Generator”), (collectively “System(s)”). Your Heat Pump, Cooling System, and Heating System are referred to collectively as “HVAC System(s)”. This Service Agreement may also include add-on coverage for the following: electrical services (“Electrical Services”), humidifier (“Humidifier”), electronic air cleaner (“Electronic Air Cleaner”), media air cleaner (“Media Air Cleaner”), and water heater drain down (“Water Heater Drain Down”), collectively (“Add-On(s)”).

The System(s), and if applicable, the Add-On(s), that You have coverage for are listed on Your Enrollment Form. This is not an insurance policy.

This Service Agreement is between you, the Service Agreement holder listed on the Enrollment Form (“You” or “Your”) and us, Arundel Cooling & Heating Co., Inc. (“Us, “We”, “Our”, “Arundel Cooling & Heating”), the entity obligated to provide service, which is a subsidiary of HomeServe USA Corp. (“HomeServe”). We are responsible for providing Your benefits.

How can You contact Us?

707 Nursery Rd., Linthicum Heights, MD 21090

(410) 789-8300, Available: 8am – 5pm Monday-Friday (EST)

Eligibility

Who is eligible for this coverage?

An owner of a residential property with an address within Our service area that is registered with the United States Postal Service (“Home”).

For Bronze Plans: Heat Pumps, Heating Systems fueled by gas, and Cooling Systems are all eligble for coverage. Oil Heating Systems must be installed by Us to be eligible for coverage.

For Gold Plans: Your System(s) must be 10 years old or newer at the time of enrollment

If You own more than 1 System but do not purchase a Service Agreement for each, You must designate which System(s) this Service Agreement should cover when You enroll.

Who is not eligible for this coverage?

Owners of system(s) that have pre-existing condition(s) that have not been properly repaired.

For Bronze plans: Heating systems fueled by Oil that are not installed by Us are not eligible for coverage.

Coverage

Please see Your Enrollment Form for which plan You are enrolled in.

What is included?

Bronze Plan:

1 Heating System maintenance inspection (“Heating Inspection”) per Term, to be scheduled in the fall.
1 Heat Pump or Cooling System maintenance inspection (“Heat Pump/Cooling Inspection”) per Term, to be scheduled in the spring.

Heat Pump/Cooling Inspections and Heating Inspections are referred to collectively as “HVAC Inspections”.

Bronze Plus Plan:

No service call fee for HVAC System or Add-On repair(s) during regular business hours (“Bronze Plus Service Call Discount”).
Flat $75 overtime fee for evenings or weekends (“Bronze Plus Overtime Discount”).
50% discount on repair(s) for HVAC System(s) or Add-On(s) compared to customers without a service agreement, except for parts covered under a manufacturer’s warranty (“Bronze Plus Repair Discount”).
$50 loyalty credit per consecutive Term, up to $500, to be applied to a system replacement (“Loyalty Credit”), pursuant to the terms set forth in “What is a Loyalty Credit?” below, which provides more details on this benefit.

HVAC System(s):

1 Heating Inspection per Term, to be scheduled in the fall.
1 Heat Pump/Cooling Inspection per Term, to be scheduled in the spring.

Heat Pump or Cooling System only:

1 Heat Pump/Cooling Inspection per Term, to be scheduled in the spring.

Heating System Only:

1 Heating System Inspection per Term, to be scheduled in the fall.

Silver Plan:

Priority service over customers without a service agreement (“Priority Service”).
Flat $75 service call fee during regular business hours (“Silver Service Call Discount”) and flat $99 overtime fee for evenings or weekends (“Silver Overtime Discount”).
10% discount on all repair(s) for HVAC System(s) or Add-On(s) compared to customers without a Service Agreement (“Silver Repair Discount”).
$50 Loyalty Credit per Term. See “What is a Loyalty Credit?” below.

HVAC System(s):

1 Heating Inspection per Term, to be scheduled in the fall.
1 Heat Pump/Cooling Inspection per Term, to be scheduled in the spring.

Heat Pump or Cooling System only:

1 Heat Pump/Cooling Inspection per Term, to be scheduled in the spring.

Heating System Only:

1 Heating System Inspection per Term, to be scheduled in the fall.

Gold Plan:

Same day service for emergency no heat or cool repair calls received before 5 pm.
Priority Service.
No service call fees for HVAC System or Add-On repair(s), including evenings, overtime, and weekends (“Gold Service Call Discount”)
50% discount on all repair(s) for HVAC System(s) or Add-On(s), compared to customers without a service agreement (“Gold Repair Discount”).
$50 Loyalty Credit per Term. See “What is a Loyalty Credit?” below.

HVAC System(s):

1 Heating Inspection per Term, to be scheduled in the fall.
1 Heat Pump/Cooling Inspection per Term, to be scheduled in the spring.

Heat Pump or Cooling System only:

1 Heat Pump/Cooling Inspection per Term, to be scheduled in the spring.

Heating System Only:

1 Heating System Inspection per Term, to be scheduled in the fall.

HVAC Inspections include the following (as applicable to Your System):

Adjust: Blower speed; burners; thermostat/mercury bulb; water level;
Check: Amperage draw; amperage in all meters; aquastat/relay; auto-feed; blower motor and belt; expansion tank; for refrigerant leaks; gauge glass; indoor and outdoor coils; low-water cut-off; meter voltage; pilot assembly; suction line temperature and pressure; thermostat/mercury bulb; water level; water regulator; zone valves
Clean: Combustion chamber, condensate drain lines, controls (and calibrate); filters; pilot assembly; thermostat/mercury bulb
Drain: Low water cut-off
Inspect: Draft, evaporator coil (and brush, if necessary); filters; flue pipe; gas valve; heat exchanger; outdoor condenser coil (rinse with water and remove debris from inside condenser coil, if necessary); start and run capacitors and relays for bulges, rust, and leaks;
Lubricate: All moving parts, such as motors, bearings, fans, and circulator pumps
Replace: Filters with standard 1” filters, if necessary
Test: All wiring and electrical connections (and tighten, if necessary); carbon monoxide levels, for worn bearings; operation and condition of compressor contacts; operation of safety and operating controls (and adjust, if necessary); temperature drop between return and supply air
Turn exposed dampers to heating position if marked (no balancing)
Inform You of System condition
Recommend necessary repairs

What is a Loyalty Credit?

A Loyalty Credit is a $50 allowance, up to $500 maximum, that is earned for each consecutive year You are enrolled in a Bronze Plus Plan, Silver Plan, or Gold Plan. Loyalty Credits can be applied towards the purchase of new equipment, installed by Us. When any amount of Your Loyalty Credit allowance is applied to new equipment, remaining Loyalty Credits will be added to any new Loyalty Credits which will continue to accrue each consecutive Term, up to a $500 maximum. Loyalty Credits are not transferrable.

Loyalty Credits can only be applied as follows:

High efficiency boiler or furnace – Up to $400
High efficiency heat pump or cooling system – Up to $400
Standard efficiency boiler or furnace – Up to $250
Standard efficiency heat pump or cooling system- Up to $250
Central humidifier- Up to $50
Air cleaner- Up to $50
Water heater- Up to $50

Generator Plan:

1 Generator maintenance inspection per Term (“Generator Inspection”)
No diagnostic fee for Generator repair(s) (“Generator Diagnostic Discount”)
$75 per hour labor fee for Generator repairs (“Generator Repair Discount”).

Generator Inspections include the following:

Check: Amperage and voltage draw; battery; exercise timer; generator and transfer switch are operating properly; oil level; oil filter
Change: Air filters; oil; oil filter; spark plugs

Add-On Plans:

Humidifier, Electronic Air Cleaner, Media Air Cleaner, and/or Water Heater Drain Down Add-On coverage, if applicable, includes standard filters and 1 maintenance inspection per Term (“Add-On Inspection”) for applicable Add-On(s), as well as any additional benefits as specified above, depending on the plan(s) you choose.
Electrical Services Add-On coverage includes a 10% discount on all repairs for Electrical Services “Electrical Services Repair Discount”), as well as any additional benefits as specified above, depending on the plan(s) you choose.

Bronze Plus Service Call Discount, Bronze Plus Overtime Discount, Bronze Plus Repair Discount, Silver Service Call Discount, Silver Overtime Discount, Silver Repair Discount, Gold Service Call Discount, Gold Repair Discount, Loyalty Credit, Generator Diagnostic Discount, Generator Repair Discount, Electrical Services Repair Discount are referred to collectively as “Discounts”.

HVAC Inspection(s), Generator Inspection(s), and Add-On Inspection(s) are referred to collectively as “Inspection(s)”.

Discounts cannot be combined with other offers.

Your System(s) must be performing their fundamental operation(s) in normal service for all points of the Inspection to be provided.

We will determine at Our sole discretion whether non-functioning materials and parts will be repaired or replaced. If, in Our sole discretion, Your System is not economically repairable We will provide You with a quote for replacement of Your System. Until Your System has been replaced no further work on that System will be provided to You under this Service Agreement.

Exclusions

What is not covered?

Damages, losses, or expenses due to negligence or otherwise, caused by: You or any person or entity other than Us
Excluded Damages (see “Limits of liability”), for example damages necessary to access the repair area. Your rights and remedies may vary depending on the state where Your property is located.
Assessing, remediating or abating biological growth(s) or notifying You of any biological growth(s) that may be present in Your Home.
Discounts for refrigerant.
Any work that is not expressly stated to be covered in “What is included?”.
Use of cleaning chemicals (available at an additional charge for HVAC Inspections).

Service

How can You request service?

Call Us and a service representative will schedule an appointment with You. Technicians must have safe and clear access to, and safe working conditions at and around the work area. In order to request service, Your Service Agreement must be active and You must be current with Your payment(s) of the amount You agree to pay for this Service Agreement, as listed on the Enrollment Form (“Price”). You are responsible for any charges not covered by this Service Agreement.

When will work be scheduled?

During regular business hours, meaning:

Monday – Friday 8:00am-5:00pm EST (work outside of these hours may be subject to additional charges payable by You).

Heat Pump/Cooling Inspections should be scheduled during the spring, and Heating System Inspections should be scheduled during the fall. Inspections will only be completed Monday – Friday 8:00am – 5pm EST.

What guarantee do We provide?

We will arrange at Our expense and choice for repair or replacement of repairs We perform under this Service Agreement which are defective in materials for 1 year, unless covered by a manufacturer’s warranty, and workmanship for 30 days(“Repair Guarantee”). We disclaim any and all statutory or common law warranties (whether express or implied) other than the Repair Guarantee and any implied warranties that cannot be excluded under applicable law.

Term, cancellation and renewal

When does this Service Agreement start and how long is it?

Your Service Agreement begins on the start date listed on Your Enrollment Form (“Start Date”) and continues for 12 months (“Term”).

Can You cancel?

You may cancel at any time by calling Us at (410) 789-8300.

If You cancel within 30 days of the Start Date, You will receive a full refund less the cost of any Inspections or Discounts.
If You cancel more than 30 days after the Start Date, You will receive a pro-rata refund less the cost of any Inspections or Discounts.

Can We cancel?

We may cancel, with no less than 15 days’ notice to You: (a) for non- payment of the Price; (b) if We find that You are ineligible for this coverage; or (c) for Your fraud or misrepresentation of facts that are material to this Service Agreement or benefits provided under it.
We may cancel for any other reason on 60 days’ notice to You.

If We cancel for (a), no refund will be given. If We cancel for (b) or (c), We will refund the payments You have made less the cost of any Inspections, or Discounts. In all other cases You will get a pro-rata refund less the cost of any Inspections or Discounts.

You will be notified in writing prior to cancellation. The notice will tell You when Your Service Agreement will be cancelled and why it has been cancelled. The notice period begins when We send the notice to You.

Will this Service Agreement automatically renew?

Unless You tell Us otherwise, Your Service Agreement will automatically renew at the end of every Term for another 12 months at the then-current renewal price. We may change the price at renewal. We reserve the right to not offer this Service Agreement upon renewal.

Other terms

Receiving documents electronically

If You consent to electronic delivery, You can receive Your Service Agreement and all related documents to the email address listed on Your Enrollment Form (“Email Address”). To update Your Email Address or discontinue electronic delivery of Your documents You can call Us.

Privacy policy

We are serious about the private nature of Your personal data. Please read Our Privacy Policy, a link to which can be found at the bottom of every page at https://arundelcooling.com carefully to fully understand how We collect, share, and protect personal data about You. You can also call Us to request a copy.

Assignment/Amendment

We may assign this Service Agreement, in whole or in part, at any time without prior notice to You. We may change this Service Agreement (including the Price) 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. You may not change this Service Agreement or delegate any of Your obligations.

Transfer

If you move to a new home, please contact us as soon as possible to discuss your options to transfer this Agreement to the purchaser of Your Home. You may not transfer this Agreement to a different Home address.

General

Should any of these terms and conditions conflict with the laws of Your state they shall be deemed amended so as to comply with those laws. Should certain terms or conditions be held to be invalid or unenforceable, the remainder of these terms and conditions shall remain valid.

Limits of liability

To the fullest extent permitted by applicable law, (1) You agree that We and HomeServe, and both of our respective parents, successors, affiliates, approved technicians and Our and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of either Us or HomeServe shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the cost of work provided for in the “What is included?” section of this Service Agreement, relating to any work performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided hereunder 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 work performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided under this Service Agreement, regardless of whether such damages were foreseeable and whether or not We or HomeServe or anyone acting on behalf of either Us or HomeServe have been advised of the possibility of such damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state.

Arbitration: YOU, ARUNDEL COOLING & HEATING, AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:

ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS SERVICE AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM ARUNDEL COOLING & HEATING 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 Service Agreement. This arbitration agreement also applies to disputes involving the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of Arundel Cooling & Heating or HomeServe. In addition, this arbitration agreement covers any claims or causes of action against Arundel Cooling & Heating or 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.
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.
THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By entering into this Service Agreement, all parties are waiving their respective rights to a trial by jury or 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.
Arundel Cooling & Heating will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges You for arbitration of the dispute.
BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.
IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU, ARUNDEL COOLING & HEATING, AND HOMESERVE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver also applies to claims asserted against any of the officers, directors, managers, employees, agents, affiliates, insurers, technicians, approved technicians, successors or assigns of Arundel Cooling & Heating or HomeServe.

State variations

The following shall apply if inconsistent with any other terms and conditions of this Service Agreement:

For customers in Maryland: If You cancel within 30 days of the Start Date and the refund is not paid or credited within 45 days of the date of cancellation, a 10% penalty will be added to the refund for every 30 days the refund is not paid. If Your Service Agreement expires while approved work is being carried out, this Service Agreement will be extended until the work has been completed.