Terms and Conditions of your Genz-Ryan HomePulse Worry-Free 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 and is not valid on commercial installations.
Continuous Internet access for HomePulse is required in the residence covered under this agreement. Changing of the network password, internet provider, router hardware, and/or unplugging the 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.
Any pre-existing conditions which cause the system to not be operating at minimum required performance levels, or that do not meet code requirements will be required to be repaired and resolved before coverage on HomePulse can begin.
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
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, we may be able to assist you through, 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. In the case where homeowner receives one or more free and/or discounted months of service, coverage will begin the first of the month following the installation of HomePulse technology in the home and successful connection and enrollment is completed. In the case where homeowner is on a wait list for installation because their covered systems are not compatible with the currently available monitoring equipment available, coverage will begin the date the agreement is executed by Genz-Ryan.
The 24-hour response guarantee and the 2-hour time window are valid only on issues which completely interrupt heating and/or cooling. 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 14. Non-performance 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 on the same day as the enrollment date in HomePulse. 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 6, homeowner will be responsible for the follow fees: the greater of remaining subscription fees, or $300, whichever is greater, these charges are 100% due at the time of cancellation.
If you move or relocate outside the HomePulse Plan territory, you can terminate the agreement before completion, subject to the cancellation fee as provided under paragraph 9. If you move into another area served by the HomePulse Plan, your agreement will be transferred to your new address, a new agreement will need to be signed and one (1) full year on top of your original remaining term will be added to your agreement, and an installation appointment will need to be scheduled.
The contract will be automatically renewed for an additional 12-month term at the end of the initial term at regular non-promotional prices, unless cancelled by you or Genz-Ryan in writing within sixty (60) days of your contract anniversary date.
Past due accounts are subject to cancellation by Genz-Ryan and is subject to cancellation fees under Paragraph 9.
If the HomePulse Plan is canceled or completed, homeowner will be responsible for returning the communication module to Genz-Ryan within 30 days or you will be charged $100. Use of the hardware associated with the agreement is restricted to Genz-Ryan for a period of 2 years following the completion/cancellation of the agreement.
Homeowners will be responsible to perform the following maintenance to receive the benefits under this plan, non-performance will invalidate benefits and coverages of HomePulse. Keeping the outside condenser free from obstructions like plants and other vegetation. Spraying the condenser down lightly with garden hose as required. Changing all air filters at required intervals. Keeping intake and exhaust pipes free from obstructions. Regular duct cleaning every 2-3 years as recommended. Cycling system(s) included in HomePulse remote monitoring as directed by Genz-Ryan. Water heater maintenance: replacement of anode rods as required, and regular flushing of tank.
If there is a communication problem between the installed HVAC system(s) and the thermostat(s) for any reason, HomePulse and its related equipment will be unable to detect any issues as there will be a lack of call for heating/cooling;
If you replace/upgrade a furnace and/or AC (Heat Pump) that is covered under your HomePulse Plan, you can continue coverage under the HomePulse Individual Protection Plan (see terms and conditions);
Water Heater Coverage includes: tanked water heaters up to 110 gallons in capacity, gas or electric, atmospheric or power vent. Coverage does NOT include: tankless water heaters, boilers or indirect fired units, water shared with 3^rd party, or that is covered by an association, damage due to restricted lines or water pressure over 80PSI. Components not covered: jacket and interior doors, heat exchangers, exhaust venting, expansion tanks, electrical service wiring, storage tank, anode rods. Water heaters are not remotely monitored by HomePulse technology.
Drain Cleaning Coverage includes: clearing of sink, bathtub, laundry and toilet stoppages, clearing of traps and sink drains, branch lines only, up to a maximum length of 10 feet. Does NOT include: clogs/blockages longer than 10 feed from the point of entry, jetting, camera inspection, clearing of mains, use of auger, sewer replacement, and/or pipe lining/bursting, location of existing clean-outs, installation of new clean-outs, stoppages due to roots, lines broken or infiltrated by roots, or otherwise stopped by roots, even within the covered home, stoppages caused by collapsed, damaged or broken drains, vent or sewer lines outside the covered home, septic systems sewage ejector pumps located outside the main foundation of the covered home, work related to pulling and resetting any fixtures, appliances, cabinetry, etc. For instances where clogs/blockages cannot be resolved under the covered activities, homeowner understands and accepts that they will be responsible for additional charges.
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. Safety and access of the work area is at the sole discretion of the Service Technician or Genz-Ryan management.
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 (notifications and marketing related) from Genz-Ryan during this agreement, and after completion/cancellation via text, email, ringless VM and phone calls.
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) 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.
You agree to not reverse or cancel any payment made by check and/or credit card; 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 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”).
Terms and conditions and Plan Benefits may change from time-to-time at the sole discretion of 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.

NOT COVERED UNDER PLAN

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; humidifiers, air cleaners, air filters; correction of any problems connected directly to the air distribution system such as duct work, register faces; condenser coil, compressor or associated 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.
Repairs that are non-critical and/or cosmetic in nature.
Any cosmetic, structural, and/or building envelope repair/restoration because of any completed repair
Damage as the result of lack of homeowner maintenance, abuse, vandalism, fire, freezing, acts of God, power or water supply outages, flooded cellars and main sewer back-ups, damage due to animal activity, or other abnormal conditions.

HVAC equipment that cannot be covered under this plan: boiler heat, geothermal (ground source) heat pumps, high-velocity system, mini-split systems, window air conditioners, mobile homes and RVs, wall furnaces, oil furnaces, plenum heaters, garage heaters. A system that uses refrigerant which does not meet federal, state or any other applicable regulatory or code requirements, is not U.S. Environmental Protection Agency compliant, or does not meet state, federal or other Global Warming Potential requirements