Terms and Conditions of your Genz-Ryan HomePulse Extended Warranty Plan
Terms and Conditions of your Genz-Ryan HomePulse Extended Warranty Plan:
- This contract applies to one single family residence per contract, pricing will be increased by the number of complete systems being monitored within the residence.
- HomePulse Extended Warranty Plan coverage is not offered, or valid, on any commercial installations under this agreement.
- Continuous Internet access for HomePulse is required in the residence covered under this agreement. Changing of the network password, changing of ISP, changing of router hardware, and/or unplugging the HomePulse Extended Warranty Plan hardware will interrupt service and will require an update to HomePulse, and could require a visit by a service technician, which may include an additional charge to you.
- Appliances and equipment must meet code requirements and be in operating condition at the time contract service begins.
- Genz-Ryan shall not be responsible for charges or fees for service or parts purchased or installed by you or performed by anyone other than Genz-Ryan employee or a qualified contractor assigned and scheduled by Genz-Ryan. Any repair work completed on equipment covered under the HomePulse Extended Warranty completed by anyone other than Genz-Ryan will invalidate your HomePulse Extended Warranty, but homeowner will still be responsible to fulfill their obligations remaining on the initial term, or any extension of the agreement
- Genz-Ryan may not be able to make certain repairs due to unavailability of parts from its regular parts suppliers, which include several major parts distributors. Unavailability can result from parts no longer being manufactured. The likelihood of parts being unavailable is greater with older appliances. Genz-Ryan also reserves the right to restrict specific makes of appliances from eligibility due to non-availability of parts. The choice of parts to be used shall be at the discretion of Genz-Ryan. If Genz-Ryan estimates the cost of a covered repair to be more than the value of your appliance, or if covered parts are no longer available, Genz-Ryan may decline to make the repair and recommend that you replace the appliance or other covered equipment. However, we may be able to assist you through rebates, offers or payment plans.
- Coverage will begin the first of the month following the first monthly payment by the homeowner, and upon the installation of HomePulse technology in the home and successful connection and enrollment is completed.
- Genz-Ryan is not responsible for losses of any kind, including direct or indirect damages, death, illness, or injury resulting from conditions or events beyond Genz-Ryan’s control that impair Genz-Ryan’s ability to provide services under this contract. Such conditions include piping, venting or other pre-existing incompatible sizing issues, unavailability of parts, labor difficulties, extreme weather conditions, acts of God, and other conditions beyond Genz-Ryan’s control. Genz-Ryan is not responsible for indirect, consequential, or incidental damages (indirect losses or injuries) in any circumstance.
- Genz-Ryan may, at its discretion, use qualified contractors to fulfill all or any part of its obligation under the terms of this agreement.
- Genz-Ryan’s HomePulse Extended Warranty Plan does not cover any material, parts and labor required as the result of abuse, vandalism, fire, freezing, acts of God, power or water supply outages, flooded cellars other than main sewer back-ups (if coverage has been selected), damage due to animal activity, or other abnormal conditions.
- The 24-hour response guarantee and the 2-hour time window are valid only on the full-service plan and covers issues which completely interrupt heating and/or cooling to the covered systems within the residence. In cases where heating/cooling is not meeting homeowner needs Genz-Ryan will do give priority scheduling. Also, homeowner is required to perform maintenance as outlined in paragraph 19. Homeowners will also be required to perform pre-season cycling of their system, and before extreme weather, as instructed by Genz-Ryan. Homeowner or a resident the age of 18-years or older who has decision making authority regarding the service and maintenance of the system must be available during first available time window offered. Not following the terms in this paragraph can invalidate the 24-hour guarantee. Non-performance under this paragraph by Genz-Ryan will entitle homeowner to 1 free month of HomePulse coverage, which will be added to the end of the current term.
- Payment based upon the selected plan and length of commitment you have selected will be processed monthly by the 5th of the month. Should the HomePulse Plan be subject to state and/or local sales tax at any time during the agreement the monthly payment will be increased accordingly.
- If you choose to cancel prior to the end of the contract once coverage begins as outlined in paragraph 7, you understand and accept that you will be responsible for the following early termination fees: the balance of your unpaid subscription fees, or $300, whichever is greater. Early termination charges are 100% due at the time of cancellation and will be charged to the payment method on file.
- If you move or relocate outside the HomePulse Extended Warranty Plan territory, you can terminate the agreement before completion, subject to the cancellation fee as provided under paragraph 13. If you move into another area served by the HomePulse Extended Warranty Plan, your agreement will be transferred to your new address. In either case, you must contact a HomePulse account representative to cancel or transfer your account. Upon transferring your agreement to your new address, a new agreement will need to be signed, and an installation appointment will need to be scheduled.
- To ensure continued protection, the contract will be automatically renewed for an additional 12-month term at the end of the initial term at regular non-promotional prices and terms then in effect, unless cancelled by you or Genz-Ryan in writing to the other within sixty (60) days of your contract anniversary date.
- Plan pricing under the HomePulse Extended Warranty Plan will be fixed for the first 36-months of the plan at 65% discount to the full price of the current full-service HomePulse plan at the time of enrollment. Pricing will adjust annually at renewal for months 37-72 at a 30% discount to the current full-service HomePulse plan. After month 72, pricing will adjust annually at renewal, and will be 100% of the current full-service HomePulse plan.
- Pricing for the Extended Warranty Plan will be priced at the published HomePulse Extended Warranty Plan pricing for year 1-3 of the age of the installed system. Pricing for Extended Warranty Plan will be at the published priced for the Basic Plan for year 4-6 of the age of the installed system. Pricing for the Extended Warranty Plan will be at the published price for the Full Service Plan for years 6+ of the age of the installed system.
- If payments are late on any service or maintenance plan, or any repairs or replacement from Genz-Ryan, we may demand immediate payment of the greater of the entire amount you owe under the terms of this contract or immediate payment of the cost (labor and parts) of all service provided to you less any payments made by you to Genz-Ryan. Further, if your Extended Warranty Plan account reaches 60 days past due, Genz-Ryan will cancel your Extended Warranty Plan, including all optional coverage. You remain liable for the amount owed at date of cancellation as set forth above.
- If the HomePulse Extended Warranty Plan is canceled or completed, whether by homeowner or by Genz-Ryan, homeowner will be responsible for returning the communication module to Genz-Ryan within 30 days or the payment method associated with the agreement will be charged $100. Use of the hardware associated with the agreement is restricted to Genz-Ryan during the entire agreement, and for a period of 2 years following the completion/cancellation of the agreement.
- Homeowner understands that they will be responsible for minor cleaning and maintenance to receive the benefits under this plan. These responsibilities are as follows:
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- Keeping the outside condenser free from obstructions like plants and other vegetation of two (2) feet;
- Spraying the condenser down lightly with garden hose to make sure that the fins are not clogged as required, but at least 1 time per cooling season;
- Changing all air filters at required intervals, ideally every 30 days, but longer depending on size and type of filter;
- Keeping exhaust pipes free from obstructions (ice/water, vegetation, obstructions created by insects, animals, etc.) ; and
- Regular duct cleaning every 2-3 years as recommended.
- Equipment covered under the HomePulse Extended Warranty Program is covered as outlined in these terms and conditions as long as the homeowner has continuous and uninterrupted membership under this plan.
- Heat exchanger (primary and secondary) as well as compressors are covered under the HomePulse Extended Warranty Program as long as the homeowner has continuous and uninterrupted membership AS LONG AS the equipment covered is part of the Genz-Ryan Private Label Equipment Program. For equipment other than Genz-Ryan Private Label are covered as outlined in the manufacturer warranty.
- Service Technicians and Service Providers must have safe access to, and safe working conditions at and around, the appliances and equipment, or service may be declined. Covered appliances must be located in temperature-controlled spaces, and the work area must have adequate wired lighting, space and cleanliness to perform the work. Specifically, attics, crawlspaces and rooftops provide additional challenges. It is your responsibility to ensure a safe pathway and access in and around the equipment. If access is not adequate, it is your responsibility to improve access at your expense. Work cannot be performed if the temperature in the space exceeds 85 degrees Fahrenheit. Safety and access of the work area is at the sole discretion of the Service Technician or Service Provider. Genz-Ryan will not be required to perform services if any asbestos hazard or any other hazardous materials exists at the premises, until it has been determined by a Genz-Ryan supervisor in their sole discretion that the hazard has been eliminated.
- You agree to protect and hold harmless Genz-Ryan from any and all claims, damages and liability caused by your fault or negligence, or your failure to comply with this agreement. If Genz-Ryan is made a party (without fault on its part) to any lawsuit or arbitration started by or against you, you agree to protect and hold Genz-Ryan harmless, and to pay all costs, expenses and attorneys’ fees and costs incurred or paid by Genz-Ryan in connection with that lawsuit or arbitration. You also agree to pay all costs, expenses and attorneys’ fees that Genz-Ryan may incur or pay in enforcing this agreement or any related agreement executed by and between you and Genz-Ryan.
- You agree to receive communications from Genz-Ryan during this agreement, and after completion/cancellation. Such communications shall be via email, text message, ringless voice mail and phone calls. Such communications shall be about the status of your system, about any recommended and/or scheduled service visits, and also shall include marketing and promotional materials from Genz-Ryan.
- You acknowledge and agree that Genz-Ryan and/or any of its equipment suppliers and/or any of its system providers (including, but not limited to, any THIRD-PARTY VENDOR as defined below) will be collecting data from the equipment, appliances, and/or systems provided by Genz-Ryan and your connected appliances, equipment, and/or systems, including, but not limited to, data related to such appliances, equipment, and/or systems and your use patterns related to the same, and to the fullest extent permitted by law, you waive all rights to this data and its publication by Genz-Ryan, a third-party, or THIRD PARTY VENDOR as defined below.
- If you use a credit card or check for payment to Genz-Ryan, you shall not reverse or cancel any such payment; however, you may use any credit issued by Genz-Ryan related to the same for future services, materials, and/or equipment provided by Genz-Ryan. Any violation of this provision shall entitle Genz-Ryan to the recovery of all of Genz-Ryan’s attorneys’ fees and costs related to any such cancelled or reversed transaction.
- You shall be subject to any applicable terms, conditions, and/or restrictions of any agreement between Genz-Ryan and any third-party equipment or system provider who provides equipment or systems to your home in furtherance of this agreement (“THIRD-PARTY VENDOR”).
- You are entitled to the Plan Benefits; and at the sole discretion of Genz-Ryan, such Plan Benefits may change from time-to-time. For a current version of your Plan Benefits document, please contact Genz-Ryan.
- LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL GENZ-RYAN OR ANY THIRD-PARTY VENDOR, THEIR AGENTS, AND THEIR OFFICERS, DIRECTORS, OR THEIR EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT, SYSTEM, OR APPLIANCE, LOSS OF OPERATING TIME OR LOSS OF, OR REDUCTION IN USE OF, ANY EQUIPMENT, SYSTEM, OR APPLIANCE (INCLUDING EXISTING EQUIPMENT, SYSTEMS, OR APPLIANCES) OR ANY PORTION THEREOF, INCREASED EXPENSE OF OPERATION OR MAINTENANCE, OR EXPENSE OR REPLACEMENT PRODUCTS RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT, SYSTEM, OR APPLIANCE, OR FROM DELAYS IN OR THE INABILITY TO RENDER ANY SERVICE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL GENZ-RYAN, ANY THIRD-PARTY VENDOR, OR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES, BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, OR DAMAGE ARISING FROM ANY SOURCE WHATSOEVER, INCLUDING NEGLIGENCE, IN EXCESS OF THE PRICE PAID BY A HOMEOWNER FOR THE SERVICE WHICH GIVES RISE TO THE LOSS, COST, OR DAMAGE DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- Note that the terms and conditions listed in paragraphs 1-30 above are for COMPLETE SYSTEM REPLACEMENTS performed by Genz-Ryan.
- For Partial System Replacements, the following modifications are in place:
- Partial system replacements refer to replacement of anything other than a full furnace, air conditioning or air source heat pump, and coil installation.
- In cases where a partial system replacement is completed, the HomePulse Extended Warranty terms and conditions are valid for only the NEWLY REPLACED equipment provided by and installed by Genz-Ryan
- The NON-REPLACED equipment will be covered under the terms and conditions for the HomePulse FULL SERVICE PLAN.
- Agreement length will be governed as outlined in Paragraph 15
- Plan pricing under the HomePulse Extended Warranty Plan will be governed as outlined in Paragraph 17
- If/when the NON-REPLACED equipment is replaced by Genz-Ryan (equipment supplied and installed) the HomePulse Extended Warranty can be added to the entire system:
- Pricing will switch to the pricing schedule outlined in Paragraph 17
- Age of the first piece of equipment installed will be used to determine pricing going forward
- A new 36-month agreement will be entered into by the homeowner and the effective discount will be applied to the current full-service HomePulse Plan price.
- If the homeowner does not wish to continue HomePulse Extended Warranty, then the cancellation terms as outlined in Paragraph 13 would take effect
NOT COVERED UNDER PLAN
- Any equipment that is not supplied by and installed by Genz-Ryan
- Appliance installation, disconnection, inspection and manufacturer recommended maintenance or recalls, removal of old appliances, and certification of appliances or systems.
- Water supply problems separate from the appliance.
- Labor or equipment rental cost of gaining access to or removal of any unit that requires special equipment or tools such as cranes, ladder trucks, etc.
- Labor and materials for repair or replacement of the following appliances and parts:
- Heat exchangers and compressor for equipment NOT part of the Genz-Ryan private label program, these are covered according to the manufacturer provided warranty;
- Humidifiers, air cleaners, air filters;
- Correction of any problems connected directly to the air distribution system such as duct work, register faces;
- Condenser coil, refrigerant lines, sealed refrigeration unit;
- Identification and repair of refrigerant leaks;
- Zone controls, accessories, or the like; or
- Replacement of thermostat and any other control batteries.
- Damage caused by corrosion, corrosion occurring in an atmosphere containing chlorine, or rust.
- Failures caused due to electrical surge, outages, and any other interruptions of electrical service.
- Failures as a result of homeowner not completing required minimum maintenance.
- Repairs that are non-critical and/or cosmetic in nature.
- Any cosmetic, structural, and/or building envelope repair/restoration required as a result of any completed repair under this agreement.
HVAC equipment that cannot be covered under this plan
- Boiler heat
- Geothermal (ground source) heat pumps
- High-velocity systems
- Mini-split systems
- Window air conditioners
- Systems installed in mobile homes and RVs
- Wall furnaces
- Oil furnaces
- Plenum heaters
- Garage Heaters