Terms of Service

Copyright

©Copyright 2017 Service Experts LLC. All rights reserved. Except as otherwise noted in this web site, all information, documentation and other content posted in this web site (collectively, the "Information") is the property of SE Holdco, LLC and its parent, subsidiaries and affiliates or a third party who has granted Service Experts LLC permission to use such information (collectively "Service Experts"). Without limiting the foregoing, the text, content, graphics, icons and overall appearance of this web site are the property of Service Experts. The posting of information does not constitute a waiver of any of Service Experts' proprietary rights in such information (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information is protected by U.S. and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information. You may not sell or republish, or copy for other than your own individual use, the Information or any portion thereof without the prior written consent of Service Experts.

Trademarks

Service Experts' trademarks may not be used in connection with any product or service that is not the property of Service Experts, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Service Experts. Other trademarks used on this site are the property of their respective owners and are used herein solely for descriptive purposes. Mention on this Web site of trademarks held by other parties should not be construed as a challenge to said trademarks' status or ownership.

Disclaimer

THIS WEB SITE IS PROVIDED BY SERVICE EXPERTS ON AN "AS IS" BASIS. SERVICE EXPERTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE OPERATION OF THE WEB SITE, OR THE CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SERVICE EXPERTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE EXPERTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SERVICE EXPERTS WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF OUR WEB SITE. SERVICE EXPERTS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SERVICE EXPERTS IS NOT RESPONSIBLE FOR THOSE COSTS.

Applicable Law

This Web site is created and controlled by Service Experts in the State of Texas, U.S.A. As such, the laws of the State of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. By use of this web site you irrevocably consent for any and all disputes with Service Experts to the venue of state or federal courts located in the State of Texas. If you access the Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time with or without notice to its users.

Use of User-generated Content

Service Experts retains ownership and the right to publish, without permission and in any format, any content submitted by any user of this Web site or any Service Experts-owned Web site.

Links to Other Sites

The Web site contains links to third party Web sites. These links are provided solely as a convenience to you and do not constitute an endorsement of the sites, the third parties themselves, or their goods, services, or products. Service Experts is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.


Address of Record


Service Experts LLC
3820 American Drive
Suite 200
Plano, Texas 75075

Promotion Disclosures

6, 12, 18, 24 No Interest, With Payments (state specific)

Financing offers a 12, 18 or 24-month deferred interest feature (the “promotional period”) on your purchase (interest rate not to exceed 24.99%). Finance charges will accrue on your account during the promotional period, as set forth in your Truth in Lending Disclosures, but your monthly payment during the promotional period will go entirely to the principal balance. You will not have to pay the accrued finance charges until after the promotional period has ended. If you repay your purchase in full before the end of the promotional period you will not have to pay the accrued finance charges. However, if during the promotional period any scheduled monthly payment is received from you more than 30 days after the date the payment is due, then the promotional period ends, and you will be responsible for paying the finance charges that have accrued during the promotional period as set forth in the Truth in Lending Disclosures. You may also prepay your account at any time without penalty. Financing is subject to credit requirements and satisfactory completion of finance documents. Any finance terms advertised are estimates only. Normal late charges apply.

No Interest, No Payments (17.99%)

Financing offers a no payment - no interest feature (during the “promotional period”) on your purchase at an interest rate not to exceed 24.99%. No finance charges will accrue on your account during the promotional period, as set forth in your Truth in Lending Disclosures, and you will not have to pay a monthly payment until the promotional period has ended. If you repay your purchase in full before the end of the promotional period you will not have to pay any finance charges. You may also prepay your account at any time without penalty. Financing is subject to credit requirements and satisfactory completion of finance documents. Any finance terms advertised are estimates only. Normal late charges apply once the promotional period has ended.

Payment Factor

Example 150 PF

Financing available to well qualified buyers on approved credit at an interest rate not to exceed 24.99%, with an estimated monthly payment of 1.50% of your purchase amount. You may prepay your account at any time without penalty. Financing is subject to credit requirements and satisfactory completion of finance documents. Any finance terms advertised are estimates only. Normal late charges apply. See your Truth in Lending Disclosures for more information.

Equal Pay No Interest

Financing available to well qualified buyers on approved credit at an interest rate not to exceed 24.99%, with equal monthly payments. You may prepay your account at any time without penalty. Financing is subject to credit requirements and satisfactory completion of finance documents. Any finance terms advertised are estimates only. Normal late charges apply. See your Truth in Lending Disclosures for more information.

SERVICE EXPERTS TERMS AND CONDITIONS REVISED 06/02/2016

DEFINITIONS: Where the context permits, the following words shall have the meanings indicated.

“Authorized Service Technician” means the person(s) authorized by Service Experts to furnish the Service hereunder, which may include third party subcontractors authorized by Service Experts.
“Customer” or “you” means the person, partnership, company, or corporation purchasing the Service hereunder.
“Equipment” means the HVAC unit or associated equipment that is the subject of the Service rendered hereunder.
“Service” means the installation, inspection, servicing, reconditioning, start-up, alteration, repair, replacement, or correction of Equipment, or a part thereof, or assistance with respect thereto.
“Service Experts” or “our” or “us” or “we” means Service Experts LLC, a Delaware limited liability company, d/b/a Service Experts Heating & Air Conditioning and each of its subsidiaries.
“Service Order” means the executed agreement between Service Experts and Customer setting forth the terms of the Service, which incorporates these Terms and Conditions.
“Service Experts Program Terms” means the specific features of any of the following: (1) Ultimate Protection Plan, and/or (2) Plus Maintenance Agreement.

CONTRACT

By accepting the Service or making a payment for all or part of the Service Customer accepts the Service pursuant to these terms and conditions. PLUS Maintenance contracts will automatically renew annually unless you notify us in writing at least 30 days before your contract expires.

WARRANTY AND 100% SATISFACTION GUARANTEE

Service Experts agrees to accept responsibility for your 100% complete satisfaction. This means that if you are not totally satisfied with the product installation Service, we will promptly address and perform to your complete satisfaction those issues regarding material or workmanship or we will remove the installed equipment and refund your money. If you are not totally satisfied for the first year following the Service performed by Service Experts, we will promptly address and perform to your complete satisfaction those issues regarding material and workmanship or we will refund your Service fee. This 100% Satisfaction Guarantee applies so long as: (i) the entire HVAC system (the “System”) is maintained annually by a Service Experts Authorized Service Technician; (ii) all repairs recommended by Service Experts are performed on the System; and (iii) the System has been used solely for the purpose and under the conditions for which it was designed and has not been subjected to misuse, alteration, accident or abuse.
The warranties herein and remedies for breach thereof are exclusive and conditioned upon Customer providing timely notification to Service Experts. They are given by Service Experts and accepted by Customer in lieu of any and all other remedies, warranties, and guarantees, express or implied, and IN LIEU OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SERVICE EXPERTS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES, WHETHER ARISING IN THE CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL SERVICE EXPERTS, ITS AGENTS, AND ITS 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, LOSS OF OPERATING TIME OR LOSS OF, OR REDUCTION IN USE OF, ANY FACILITIES (INCLUDING EXISTING FACILITIES) OR ANY PORTION THEREOF, INCREASED EXPENSE OF OPERATION OR MAINTENANCE, OR EXPENSE OR REPLACEMENT PRODUCTS RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN OR THE INABILITY TO RENDER ANY SERVICE.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL SERVICE EXPERTS BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, OR DAMAGE ARISING FROM ANY SOURCE WHATSOEVER, INCLUDING NEGLIGENCE, IN EXCESS OF THE PRICE PAID BY CUSTOMER FOR THE SERVICE WHICH GIVES RISE TO THE LOSS, COST, OR DAMAGE.

WHAT IS NOT COVERED/GUARANTEED

This contract does not cover: (a) Ultimate Protection Plan which is a maintenance plan and/or extended warranty plans governed by a separate agreement between You and Service Net Warranty, LLC.; (b) any additional Equipment that is added to Your heating and/or air conditioning system, unless we agree that for an additional annual fee to cover same; (c) any maintenance to Equipment that has been altered or repaired by anyone other than an Authorized Service Technician, including any unauthorized alterations made by you to the
Equipment; (d) damage or other Equipment failure due to causes beyond Service Experts’ control including, but not limited to, repairs necessary due to operator negligence, Customer’s failure to maintain the Equipment according to the owner’s manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, moisture or other unusual atmospheric conditions, acts of war or acts of nature; (d) consumable items defined as any part that is considered consumable by the manufacturer; (e) damage or failure caused by animals or insects; (f) regular maintenance, maintenance parts such as filters, lubricants, or refrigerant gasses, unless specifically included in the description of the applicable Service; (g) failure and replacement caused by contamination of the sealed system such as by Green Slime, Dirty Sock Syndrome, etc.; (h) corrosive conditions caused by location or moisture; (i) leaks in the Equipment in the evaporator, Schrader cores, condenser and/or metering device or other connections resulting from loose valves and/or loose valve caps, interconnecting fittings and/or field piping (line sets/tubing); (j) miscellaneous items such as nitrogen that are used to detect or diagnosis failures unless specifically included in the description of the applicable Service; (k) alteration of the Equipment to meet changes in federal, state or local codes and regulations, or repairs which require additional parts and labor to bring the Equipment into working condition as a result of such government regulations; and/ or (l) manual or digital thermostats unless specifically included in the description of the applicable Service.

COMPENSATION, INVOICING, AND PAYMENT

Payment is due upon completion of work. Delinquent accounts are subject to interest at the rate of 1 1/2% per month, but not in excess of the maximum rate permitted under applicable law. Customer agrees to pay all expenses incurred by Service Experts for collecting any delinquent accounts, including, but not limited to reasonable attorney’s fees, filing fees and associated costs.
For any Service for the inspection, tune-up, or maintenance of Equipment to be performed in a single service call, Service Experts shall invoice the Customer for all charges incurred in accordance herewith and such invoices shall be due upon completion of work. For any Service to be performed on multiple service calls or over a specified term, Customer may authorize payment by “Automatic Checking Acct Debit” or “Automatic Credit Card Debit”, whereby Customer authorizes Service Experts to charge a monthly installment from Customer’s account beginning one month after the application is approved. The automatic monthly payment will continue until a written notice of termination is received by Service Experts. As permitted by applicable law, upon renewal of this contract, Customer agrees that Service Experts may change or increase the monthly installment charge and automatically debit such charge in connection with any changes to standard service fees. Cancellation will be subject to Service Experts then current refund policy or in the case of Ultimate Protection Plan, pursuant to service net warranty, LLC’s, terms and conditions.

SCHEDULING

Customer shall schedule a date for Service at the time of purchase or else authorize Service Experts to contact Customer at a later time to schedule the appointment. If any Service is not scheduled at the time of purchase, or if the appointment is cancelled or otherwise prevented from occurring, Service Experts will make three reasonable attempts to schedule the appointment to complete the applicable Service. To the extent permitted by applicable law, in the event Service Experts cannot reach Customer after three reasonable attempts or is not permitted to perform the Service after three attempts to schedule such Service, then Customer agrees that Service Experts shall have fulfilled its obligations as to such Service hereunder, and Service Experts shall retain all funds associated with the purchase of such Service and be relieved of any further obligations to provide the Services.

CONSENT TO CONTACT

By entering into this agreement, you expressly consent and permit Service Experts to contact you by phone (via live operator or automated call) to schedule and provide products and services associated with your purchase or service. You consent to receive future communications and advertising about the products and services we offer via phone, email or mail. You consent and agree that we may provide your contact information to our third party partners for use in marketing related products, services and extended warranties to you.

LIEN RIGHTS

Service Experts hereby notifies Customer that persons or companies furnishing labor or materials for the construction on Customer’s land may have lien rights on Customer’s land and buildings if not paid.

GOVERNING LAW

This Agreement shall be construed and governed by the laws of the State of Texas.

WAIVER

Service Experts’ waiver of any breach by Customer of any of the provisions contained herein shall not constitute a waiver of any other breach of the same or any other provision. Service Experts’ rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights and remedies available to Service Experts under applicable law.

HEADINGS AND SEVERABILITY

The headings of the paragraphs of this agreement are for convenience only and shall not be construed as adding meaning to the provisions. If a court determines that any part of this agreement is unenforceable, the parties agree that only the portion of this agreement that is so determined to be unenforceable and shall be stricken and that the remaining parts shall be unaffected.

ENTIRE AGREEMENT

These General Terms and Conditions, together with the Service Experts’ Service Order, state specific addendum attached hereto, and any applicable Program Terms, shall constitute the entire agreement of the parties and shall not be modified except by written change order issued and signed by Service Experts. No prior representations, inducements, promises, or agreements between the parties, whether oral or written, shall be of any force or effect and any said prior representations, inducements, promises, or agreements are hereby revoked and superseded. No terms stated by Customer in accepting or acknowledging this offer or otherwise shall be binding except as expressly incorporated herein by Service Experts. THIS OFFER IS EXPRESSLY LIMITED TO ACCEPTANCE UPON THE TERMS AND CONDITIONS CONTAINED HEREIN.

California Addendum to Service Experts’ Service Order

Down payment

Downpayment amount: $__________

THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.

List of Documents to be Incorporated Into the Contract:

Service Experts’ Service Order; Service Experts Terms and Conditions; this Addendum; Notice of Cancellation form; ____________________________________________________________

You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.

Note About Extra Work and Change Orders

Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments.

Additional Information about Extra or Change-Order Work

A customer may not require the contractor to perform extra or change-order work without providing written authorization prior to the commencement of work covered by the new change order. Extra work or a change order is not enforceable against a customer unless the change order also identifies all of the following in writing prior to the commencement of work covered by the new change order: (i) the scope of work encompassed by the order; (ii) the amount to be added or subtracted from the contract; and (iii) the effect the order will make in the progress payments or the completion date. The contractor’s failure to comply with the requirements of this provision does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.

Lien Release Furnished Upon Partial Payment

Upon satisfactory payment being made for any portion of the work performed, the contractor, prior to any further payment being made, shall furnish to the customer a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for that portion of the work for which payment has been made.

Commercial General Liability Insurance (CGL)

Service Experts LLC carries commercial general liability insurance written by ACE American Insurance Company. You may call ACE American Insurance Company at 1- (800) 433-0385 to check the contractor’s insurance coverage.

Workers’ Compensation Insurance

Service Experts LLC carries workers’ compensation insurance for all employees.

Contractors’ State License Board

Information about the Contractors’ State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors.

Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions, and civil judgments that are reported to CSLB.

Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.

For more information:

Visit CSLB’s Internet Web site at www.cslb.ca.gov

Call CSLB at 800-321-CSLB (2752)

Write CSLB at P.O. Box 26000, Sacramento, CA 95826.

Mechanics Lien Warning

MECHANICS LIEN WARNING:

Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.

Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.

To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.

BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices.

You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.

PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.

PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.

For other ways to prevent liens, visit CSLB’s Internet Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).

REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.