Terms1. These Terms of Service apply to your Preventative Maintenance Agreement (Agreement) with Geisel Heating, Air Conditioning and Plumbing, Inc., (Geisel). If you have any questions, please contact Geisel at 1-888-293-7032.
2. You can call Geisel’s 24-hour contractor hotline at 1-888-293-7032 to schedule an appointment for a technician to come to the noted Service Address for repairs to the Included Equipment listed on the Customer Information Form (Equipment). You will receive a 15% discount on all parts and any repair work performed on your Equipment.
3. This Agreement includes one (1) 15-point tune-up (Tune-Up) per Term for either your heating system or cooling system (as noted on the Customer Information Form). Your heating system and/or cooling system must be performing its fundamental operations in normal service for all points of the Tune-Up to be provided.
4. This Agreement covers only the items listed in Sections 2 and 3 above.
5. The price for this Agreement (Price) is specified on the Customer Information Form.
6. Geisel reserves the right to reject this Agreement if, on inspection, your Equipment is found to be in such condition that service would be unsatisfactory to either you or Geisel.
7. Repairs performed under this Agreement are guaranteed: (1) against defects in workmanship for thirty (30) days; and (2) against defects in materials for one hundred twenty (120) days or in accordance with any applicable manufacturer’s warranty (Guarantee).
8. This Agreement begins on the Start Date listed on your Customer Information Form and lasts for twelve (12) months (Term) unless you cancel or fail to pay the Price.
9. You may cancel at any time by calling Geisel at 1-888-293-7032. If you cancel within thirty (30) days of your Start Date, you will get a full refund of your Price. If You cancel more than thirty (30) days after the Start Date you will be given a pro-rata refund, if applicable. If you have received a Tune-Up during the Term then this Agreement is not cancellable by you and no refund of the Price will be given. If you miss a payment of the Price, you will not be able to use this Agreement or request a Tune-Up until payment is made.
10. Geisel reserves the right to refuse service under this Agreement should you threaten or be verbally or physically offensive towards Geisel or any of its employees.
12. Geisel may assign this Agreement, in whole or in part, at any time without prior notice to you. Geisel may change this Agreement (including the Price or to charge an additional fee) and delegate any of its obligations at its sole discretion and without your consent provided Geisel gives you thirty (30) days’ prior written notice of the changes. The changes will become effective thirty (30) days after Geisel sends you the notice. If you do not like the changes, you may cancel this Agreement.
13. To the fullest extent permitted by applicable law, (1) you agree that Geisel and its parents, successors, affiliates, technicians and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of Geisel shall not be liable to you or anyone else for: (a) any actual losses or direct damages that exceed the amount you paid for any work under this Agreement relating to any repairs performed by Geisel or on behalf of Geisel 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 repairs performed by Geisel or on behalf of Geisel or services provided under this Agreement, regardless of whether such damages were foreseeable and whether or not Geisel or anyone acting on behalf of Geisel 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.
14. YOU AND Geisel AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
A. ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM GEISEL, 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 Geisel 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 Geisel. In addition, this arbitration agreement covers any claims or causes of action against Geisel 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 Geisel agree otherwise, any arbitration hearings will take place in the county where your Service Address 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 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.
D. Geisel will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges you for arbitration of the dispute.
E. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.
F. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND GEISEL 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 Geisel.
Geisel Heating, Air Conditioning & Plumbing, Inc., OH LIC# 45098, 23934 & 35634.