1. These Terms of Service, along with the Customer Enrollment Form, constitute the plan holder’s (you, your) Comfort Club Preventative Maintenance Plan (Agreement) with McLoughlin Plumbing & Heating, Co. dba McLoughlin Plumbing, Heating & Cooling, (we, us, our). If you have any questions, please contact us at 610-649-8080.
2. You can call our 24-hour contractor hotline at 610-649-8080 to schedule an appointment for a technician to come to the address listed on your Customer Enrollment Form (Address). Technicians must have safe and clear access to, and safe working conditions at and around, the work area.
3. This Agreement covers only the HVAC and/or plumbing equipment listed on the Customer Enrollment Form (Equipment).
4. You will receive a 15% discount on all parts and any repair work (Repair(s)). The discount does not apply to equipment installations, remodels, or work contracted out to us by a contractor, consultant, or someone else.
5. This Agreement includes 1 maintenance visit for each Equipment type per Term (collectively, Tune-Up(s)). If this
Agreement includes both your HVAC and plumbing Equipment, we may complete both Tune-Ups during the same visit, at
our discretion. This Agreement also includes priority service over customers without an Agreement. Your Equipment must be performing its fundamental operation(s) in normal service for all points of the Tune-Up to be provided. Tune-Up(s) include the following (as applicable to your Equipment):
a. An HVAC Tune-Up (HVAC Tune-Up) includes the following:
- Cleaning ignition assembly
- Monitoring flue draft
- Adjusting operating pressures
- Monitoring starting capabilities
- Testing safety controls
- Cleaning or replacing 1” standard, non-pleated filters; pleated or space guard filters available upon request and for an additional charge
- Cleaning and adjusting blower components
- Measuring for correct air flow
- Tightening electrical connectors
- Measuring volts/amps on motors
- Lubricating all moving parts
- Adjusting thermostat calibration
- Cleaning condenser coil, standard cleaning
- Cleaning condensate drains
- Measuring temperature difference
b. A Plumbing Tune-Up (Plumbing Tune-Up) includes an inspection for leaks, blockages, and deterioration of all visible and easily accessible water and gas pipes inside the home, connected fixtures, gas connections, and water heater condition.
6. Repairs and Tune-Up(s) will be performed during our regular business hours, 8:00 A.M to 5:00 P.M., Monday through
Friday, subject to closures for holidays. Emergency services (as determined within our sole discretion) outside of these hours may be provided.
7. This Agreement covers only the items listed in sections 3 through 6 above and does not cover filling or purging of heating system(s) and/or radiant heat.
8. The price for this Agreement (Price) and how you pay is specified on the Customer Enrollment Form.
9. This Agreement begins on the start date listed on your Customer Enrollment Form (Start Date) and continues for 12 months (Term) unless you or we cancel.
10. We reserve the right to reject this Agreement if, on inspection, your Equipment is found to be unsafe or in such condition that service would be unsatisfactory to either you or us. If at any point, in our sole discretion, your Equipment is not economically repairable we will provide you with a quote for replacement of your Equipment. Until your Equipment has been replaced no further work for that Equipment will be provided to you under this Agreement.
11. You may cancel at any time by calling us at 610-649-8080. If you cancel within 30 days of your Start Date, you will receive a full refund, less the cost of any Tune-Ups or Repairs provided. If you cancel more than 30 days after the Start Date, you will receive a pro rata refund, less the cost of any Tune-Ups or Repairs provided. We may cancel this Agreement (a) for non-payment of the Price; (b) for your fraud or misrepresentation of facts that are material to this Agreement or benefits provided under it; or (c) as otherwise permitted by this Agreement.
12. We will provide you with a renewal notice, and your option to cancel such renewal, not earlier than 20 days and not later than 10 days prior to the date of any such renewal. Unless you tell us otherwise, your Agreement will automatically renew at the end of every Term at the then-current renewal price. We may change the Price at renewal. We reserve the right to not offer this Agreement upon renewal.
13. We reserve the right to refuse service under or cancel this Agreement should you threaten or be verbally or physically abusive or offensive towards us or any of our personnel. If you miss a payment of the Price, you will not be able to use this Agreement, including requesting a Tune-Up, until payment is made.
14. If you consent to electronic delivery you can receive your Agreement and all related documents to the email address listed on your Customer Enrollment Form (Email Address). To update your Email Address or discontinue electronic delivery of your documents, you can call us at 610-649-8080.
16. If you move to a new home, please contact us as soon as possible to discuss your options to transfer this Agreement.
17. We may assign this Agreement, in whole or in part, at any time without prior notice to you. We may change this Agreement (including the Price or to charge an additional fee) 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. If you do not like the changes, you may cancel this Agreement.
18. We maintain insurance required by statute. Proof of insurance is available on request.
19. To the fullest extent permitted by applicable law, (1) you agree that we and our owners, successors, affiliates, technicians and their officers, directors, managers, employees, affiliates, agents, contractors or similar parties acting on behalf of us shall not be liable to you or anyone else for: (a) any actual losses or direct damages that exceed the amount you paid for the work under this Agreement relating to any repairs performed by us or on behalf of us or services provided under this Agreement 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 repairs performed by us or on behalf of us or services provided under this Agreement, regardless of whether such damages were foreseeable and whether or not we or anyone acting on behalf of us have been advised of the possibility of such damages; and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Agreement. You may have other rights that vary from state to state.
20. Should any of these terms and conditions conflict with the laws of your state they shall be considered amended to complywith those laws.
To get information on contractor licensing, you may contact the Pennsylvania Attorney General’s office at 1-888-520-6680.
A. ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR YOU RECEIVE OR CLAIM TO BE OWED FROM US 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 AGREEMENT. THIS ARBITRATION AGREEMENT ALSO APPLIES TO DISPUTES INVOLVING THE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, INSURERS, TECHNICIANS, SUCCESSORS OR ASSIGNS OF US OR HOMESERVE. IN ADDITION, THIS ARBITRATION AGREEMENT COVERS ANY CLAIMS OR CAUSES OF ACTION AGAINST US OR ANY AND ALL HOMESERVE GROUP AFFILIATES (COLLECTIVELY, 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.
B. 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.
C. THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. BY ENTERING INTO THIS AGREEMENT, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS 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.
D. WE WILL PAY ANY FILING FEE, ADMINISTRATION, SERVICE OR CASE MANAGEMENT FEE, AND ARBITRATOR FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE.