We agree to accept responsibility for your 100% complete satisfaction with the materials and the work provided by us and paid for by you.

EQUIPMENT

The annual investment to be paid by Customer under this Agreement is based upon the maintenance of the Equipment and Accessories listed on the face of the Agreement (or on approved attached sheet) as a complete hearing and/or air conditioning system. Customer may not delete Equipment or Accessories from the annual maintenance provided hereunder. In the event additional equipment is added to Customer’s hearing and /or air conditioning system, the same will be covered at an increase of the annual charge.

CUSTOMER’S RIGHT TO CANCEL

You may cancel this agreement at any time during the period that end ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for canceling during this 10-day period. Customer may cancel this Agreement by mailing a written notice of cancellation to Company. In the event of cancellation by Customer, Customer shall receive a prorated refund of the payments made by Customer for the current term of the Agreement.

Company warrants that all work performed hereunder will be completed in a professional manner and said work shall be free from defects in workmanship for a period of twelve (12) months from the date said work was performed. All parts will be guaranteed for a period of five (5) years. Company’s obligation for defective products and/or workmanship or any damage caused thereby, and Buyer’s exclusive remedy, shall be limited to the replacement of any defective parts or workmanship and shall be conditioned upon Company receiving verification of part failure by Ultimate Comfort’s technical staff. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICLUAR PURPOSE. COMPANY SHALL NOT BE SUBJECT TO AND DISCLAIMS ALL CONSEQUENTIAL INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

EMERGENCY SERVICE TODAY OR YOU DON’T PAY

Company agrees that it shall respond for emergency service within 24 hours of the service call and, if it fails to do so, shall waive the diagnostic fee normally charged for such an NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE SUBJECT TO AND DISCLAIMS ALL CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONTINGENT AND PUNITIVE DAMAGES WHATSOEVER.

TRANSFERABILITY

This Agreement is transferable to the subsequent owner of the location in which the Equipment and Accessories are located, provided that Company receives written notification of the sale of the property within sixty (30) days of transfer.

ENTIRE AGREEMENT

This Agreement sets for the entire Agreement between the parties and supersedes all other agreements either written or oral concerning the subject of this Agreement. To the extent permitted by applicable law, in the event Company 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 company shall have fulfilled its obligations as to such service hereunder, and company shall retain all funds associated with service and be relieved of any further obligations to provide the services. By purchasing a Platinum Protection Plan you expressly consent and permit Ultimate Comfort to contact you by phone (via live operator or automated call) to schedule and provide you with the products and services associated with your Service Plan. You consent to receive future communications and advertising about the products and services we offer via phone, email or mail. You may withdraw your consent to this additional communication at any time by contacting U.C. by phone, email or mail.

COVERAGE PERIOD AND RENEWAL

The initial term of the Platinum Protection Plan (the “Plan”) is 1 year from the date of enrollment (the “Coverage Year”), except as specifically noted in this document. Coverage will renew automatically each year on the anniversary of the enrollment date (the “Renewal Date”) unless:

(i) you have given Ultimate Comfort (“UC”) written notice no later than 10 days after the Renewal Date that you do not wish to renew your coverage; or

(ii) UC has given you notice prior to the Renewal Date that your coverage will not be renewed.

At any time, UC may modify these Terms and Conditions, including annual Plan coverage prices. Prior to the Renewal Date, UC will notify you of any changes to these Terms and Conditions, and such changes will automatically be in effect from the Renewal Date.

EQUIPMENT COVERED

You may elect coverage for individual units/components or systems as follows (unless otherwise excluded in these terms and conditions). The coverage cost will vary depending upon your election.

(a) Heating: The Plan covers the following: residential natural gas furnace, oil furnace, boiler (excluding drain system), or air handler.

(b) Cooling/Heat Pumps: The Plan covers the residential electric powered central air conditioning unit/heat pump unit in residences comprised of 2 or fewer dwelling units.

Exclusions: The Plan does NOT cover: indoor air quality accessories, water source heat-pumps, thermostat replacements, ductless air conditioning systems, wall unit air conditioning systems, natural gas powered air conditioning, and high velocity air conditioning units. It also does not include Heat Exchanger and Compressor.

SERVICES COVERED

The Plan covers: (a) diagnosis, repair, and replacement of problem parts within your “heating unit / cooling unit” and the thermostat, with some exceptions noted below. Labor and replacement costs are included for parts and services covered by the Plan; (b) twice annual check-up and cleaning of your heating unit and air conditioning unit. These annual maintenance visits will be scheduled by UC based on availability during the Coverage Year. The Plan does NOT cover: aftermarket filter replacement, replacement of consumable parts (examples: UV bulbs, fuses, filters), refill, vacuuming, boiler system drainage, flushing of the heat exchanger, all waterside components (unless otherwise noted), and additional cleaning that is required due to either insufficient maintenance prior to joining the Plan or due to uses inconsistent with the product’s intended use.

QUALIFYING EQUIPMENT

UC shall perform an inspection of all equipment prior to initiation of the coverage period to determine if the equipment qualifies for coverage under this agreement. UC reserves the right to refuse coverage for any equipment for any or no reason. In the event UC determines that additional service is necessary for equipment to qualify for coverage, UC will provide such additional service during its first maintenance visit at an additional charge. UC reserves the right to refuse coverage for any equipment if repairs required to qualify for coverage, as determined by UC, are not made prior to coverage.

ANCILLARY EQUIPMENT

The Plan does NOT cover: (a) Heating: ancillary equipment such as air conditioners, humidifiers, condensate pumps, air cleaners, or parts added on to your heating unit to accommodate such equipment, or repairs to the furnace made necessary as a result of faulty ancillary equipment; (b) Cooling: ancillary equipment such as furnaces, humidifiers, condensate pumps and air cleaners, or repair to the air conditioning unit made necessary as a result of faulty ancillary equipment.

UNAVAILABLE PARTS

UC will attempt to obtain replacement parts or appropriate substitutes as quickly as reasonably possible. UC is not liable for delay in obtaining parts due to limited availability. In the event that UC is not able to obtain a replacement part, or obtain it at a commercially reasonable cost, UC will not be liable for the related replacement. In any such case, you or UC may terminate the Plan coverage for the equipment involved. If there has not been a prior service call paid by the Plan in the current Coverage Year, the annual repair coverage premium will be refunded in full upon such termination. If a prior service call has been made, liability of UC will be as set forth in the “Miscellaneous” portion of these terms and conditions.

EXCLUDED COSTS

The Plan does not cover the costs of problem diagnosis and service, repair, parts replacement, or adjustment in circumstances where:

• equipment fails due to lack of maintenance, including, but not limited to, lack of filter maintenance;
• the problem relates to improper sizing or application of equipment;
• the furnace/air conditioning unit has been turned off;
• the thermostat is not at the proper setting;
• the pilot has been extinguished by someone other than an UC technician;
• the household electrical fuse or breaker required for the furnace/air conditioning unit is blown;
• repair or replacement relates to a part not specifically listed in these Terms and Conditions as covered by the Plan or to a manufacturer’s parts recall;
• repair or replacement is needed as the result of abuse, tampering, alterations, or repairs done by other than an UC technician;
• Installation, application or operation is inconsistent with the manufacturer’s installation instructions (including but not limited to mismatched components);
• damage of a purely cosmetic nature;
• To avoid unnecessary costs, please review the above list prior to calling UC for service.

LIABILITY

Damages resulting from the failure of replacement parts or services performed under the plan are not the responsibility of UC, unless such damages result from UC’s negligence. Program service 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, rodent infestation, or other abnormal conditions.

MISCELLANEOUS

• If you cancel prior to the Renewal Date, any payments owing on the annual premium become due;
• Plan coverage is not transferable to another residence and, except as specifically noted in this document, is non-refundable. If you move, the balance of the Plan coverage then in effect remains with the heating/cooling unit and will be transferred to the new owner;
• UC reserves the right to assign our rights and/or obligations in connection with the Plan and your coverage to a third party;
• Pre-existing problems are excluded from coverage;
• UC will determine whether parts replacement or repairs are necessary;
• Service and parts must be provided solely by UC. UC will not reimburse you for the cost of services performed or parts replaced by another contractor;
• All parts replaced under the Plan become the property of UC; and
• UC reserves the right to discontinue at any time the Plan and/or your coverage thereunder. If UC discontinues the Plan and/or your coverage thereunder, UC’s liability will be restricted to refunding the unexpired portion of the annual charge, if any, and to completing any repairs or parts replacements covered by the Plan for which you have notified UC up to the date the Plan and/or coverage is discontinued. Furthermore, if UC has performed service under this agreement that exceeded the purchase price of this agreement, UC will not be obligated to refund the unexpired portion of the annual charge.

REPLACEMENT ALLOWANCE

In the event UC determines that replacement of covered equipment is necessary, UC will provide a replacement allowance towards the new equipment, as well as a credit equivalent to the unexpired portion of the annual charge applicable to the purchase of a new system from UC.

100% SATISFACTION GUARANTEE

We agree to accept responsibility for your 100% complete satisfaction with the materials and the work provided by us and paid for by you.

PAYMENT INFORMATION

When the customer authorizes payment by “Automatic Credit Card Debit”, the customer authorizes the company to charge a monthly installment from the customer’s account beginning the month application is approved. The automatic monthly payment will continue until a written notice of termination is received by the company. Company may change or increase monthly installment charge and automatically debited or charged to customers who authorize “Automatic Credit Card Debit”.

EQUIPMENT

The annual investment to be paid by Customer under this Agreement is based upon the maintenance of the Equipment and Accessories listed on the face of the Agreement (or on approved attached sheet) as a complete hearing and/or air conditioning system. Customer may not delete Equipment or Accessories from the annual maintenance provided hereunder. In the event additional equipment is added to Customer’s hearing and /or air conditioning system, the same will be covered at an increase of the annual charge.

CUSTOMER’S RIGHT TO CANCEL

You may cancel this agreement at any time during the period that end ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for canceling during this 10-day period. Customer may cancel this Agreement by mailing a written notice of cancellation to Company. In the event of cancellation by Customer, Customer shall receive a prorated refund of the payments made by Customer for the current term of the Agreement.

Company warrants that all work performed hereunder will be completed in a professional manner and said work shall be free from defects in workmanship for a period of twelve (12) months from the date said work was performed. All parts will be guaranteed for a period of five (5) years. Company’s obligation for defective products and/or workmanship or any damage caused thereby, and Buyer’s exclusive remedy, shall be limited to the replacement of any defective parts or workmanship and shall be conditioned upon Company receiving verification of part failure by Ultimate Comfort’s technical staff. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICLUA PURPOSE. COMPANY SHALL NOT BE SUBJECT TO AND DISCLAIMS ALL CONSEQUENTIAL INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

EMERGENCY SERVICE TODAY OR YOU DON’T PAY

Company agrees that it shall respond for emergency service within 24 hours of the service call and, if it fails to do so, shall waive the diagnostic fee normally charged for such an NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE SUBJECT TO AND DISCLAIMS ALL CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONTINGENT AND PUNATIVE DAMAGES WHATSOEVER.

TRANSFERABILITY

This Agreement is transferable to the subsequent owner of the location in which the Equipment and Accessories are located, provided that Company receives written notification of the sale of the property within sixty (30) days of transfer.

ENTIRE AGREEMENT

This Agreement sets for the entire Agreement between the parties and supersedes all other agreements either written or oral concerning the subject of this Agreement. To the extent permitted by applicable law, in the event Company 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 company shall have fulfilled its obligations as to such service hereunder, and company shall retain all funds associated with service and be relieved of any further obligations to provide the services. By purchasing a Platinum Protection Plan you expressly consent and permit Ultimate Comfort to contact you by phone (via live operator or automated call) to schedule and provide you with the products and services associated with your Service Plan. You consent to receive future communications and advertising about the products and services we offer via phone, email or mail. You may withdraw your consent to this additional communication at any time by contacting U.C. by phone, email or mail.

COVERAGE PERIOD AND RENEWAL

The initial term of the Gold Protection Plan (the “Plan”) is 1 year from the date of enrollment (the “Coverage Year”), except as specifically noted in this document. Coverage will renew automatically each year on the anniversary of the enrollment date (the “Renewal Date”) unless:

(i) you have given Ultimate Comfort (“UC”) written notice no later than 10 days after the Renewal Date that you do not wish to renew your coverage; or

(ii) UC has given you notice prior to the Renewal Date that your coverage will not be renewed.

At any time, UC may modify these Terms and Conditions, including annual Plan coverage prices. Prior to the Renewal Date, UC will notify you of any changes to these Terms and Conditions, and such changes will automatically be in effect from the Renewal Date.

EQUIPMENT COVERED

You may elect coverage for individual units/components or systems as follows (unless otherwise excluded in these terms and conditions). The coverage cost will vary depending upon your election.

(a) Heating: The Plan covers the following: residential natural gas furnace, oil furnace, boiler (excluding drain system), or air handler.

(b) Cooling/Heat Pumps: The Plan covers the residential electric powered central air conditioning unit/heat pump unit in residences comprised of 2 or fewer dwelling units.

Exclusions: The Plan does NOT cover: indoor air quality accessories, water source heat-pumps, ductless air conditioning systems, wall unit air conditioning systems, natural gas powered air conditioning, and high velocity air conditioning units. It also does not include Heat Exchanger and Compressor.

SERVICES COVERED

The Plan covers: (a) repair, and replacement of problem parts within your “heating unit / cooling unit” and the thermostat, with some exceptions noted below. (b) twice annual check-up and cleaning of your heating unit and your air conditioning unit. These annual maintenance visits will be scheduled by UC based on availability during the Coverage Year. The Plan does NOT cover: aftermarket filter replacement, replacement of consumable parts (examples: UV bulbs, fuses, filters), refill, vacuuming, boiler system drainage, flushing of the heat exchanger, all waterside components (unless otherwise noted), and additional cleaning that is required due to either insufficient maintenance prior to joining the Plan or due to uses inconsistent with the product’s intended use.

QUALIFYING EQUIPMENT

UC shall perform an inspection of all equipment prior to initiation of the coverage period to determine if the equipment qualifies for coverage under this agreement. UC reserves the right to refuse coverage for any equipment for any or no reason. In the event UC determines that additional service is necessary for equipment to qualify for coverage, UC will provide such additional service during its first maintenance visit at an additional charge. UC reserves the right to refuse coverage for any equipment if repairs required to qualify for coverage, as determined by UC, are not made prior to coverage.

THERMOSTAT FAILURE

If your thermostat fails, UC will provide a replacement with a make/model of UC’s choice that enables similar operation of your current dependent heating, ventilation, and/or air conditioning equipment. Zone thermostats/controls, programmable thermostat controls, and/or Wi-Fi capable thermostats are not covered by the Plan.

ANCILLARY EQUIPMENT

The Plan does NOT cover: (a) Heating: ancillary equipment such as air conditioners, humidifiers, condensate pumps, air cleaners, or parts added on to your heating unit to accommodate such equipment, or repairs to the furnace made necessary as a result of faulty ancillary equipment; (b) Cooling: ancillary equipment such as furnaces, humidifiers, condensate pumps and air cleaners, or repair to the air conditioning unit made necessary as a result of faulty ancillary equipment.

UNAVAILABLE PARTS

UC will attempt to obtain replacement parts or appropriate substitutes as quickly as reasonably possible. UC is not liable for delay in obtaining parts due to limited availability. In the event that UC is not able to obtain a replacement part, or obtain it at a commercially reasonable cost, UC will not be liable for the related replacement. In any such case, you or UC may terminate the Plan coverage for the equipment involved. If there has not been a prior service call paid by the Plan in the current Coverage Year, the annual repair coverage premium will be refunded in full upon such termination. If a prior service call has been made, liability of UC will be as set forth in the “Miscellaneous” portion of these terms and conditions.

EXCLUDED COSTS

The Plan does not cover the costs of problem diagnosis and service, repair, parts replacement, or adjustment in circumstances where:

• equipment fails due to lack of maintenance, including, but not limited to, lack of filter maintenance;
• the problem relates to improper sizing or application of equipment;
• the furnace/air conditioning unit has been turned off;
• the thermostat is not at the proper setting;
• the pilot has been extinguished by someone other than an UC technician;
• the household electrical fuse or breaker required for the furnace/air conditioning unit is blown;
• repair or replacement relates to a part not specifically listed in these Terms and Conditions as covered by the Plan or to a manufacturer’s parts recall;
• repair or replacement is needed as the result of abuse, tampering, alterations, or repairs done by other than an UC technician;
• Installation, application or operation is inconsistent with the manufacturer’s installation instructions (including but not limited to mismatched components);
• damage of a purely cosmetic nature;

To avoid unnecessary costs, please review the above list prior to calling UC for service.

LIABILITY

Damages resulting from the failure of replacement parts or services performed under the plan are not the responsibility of UC, unless such damages result from UC’s negligence. Program service 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, rodent infestation, or other abnormal conditions.

MISCELLANEOUS

• If you cancel prior to the Renewal Date, any payments owing on the annual premium become due;
• Plan coverage is not transferable to another residence and, except as specifically noted in this document, is non-refundable. If you move, the balance of the Plan coverage then in effect remains with the heating/cooling unit and will be transferred to the new owner;
• UC reserves the right to assign our rights and/or obligations in connection with the Plan and your coverage to a third party;
• Pre-existing problems are excluded from coverage;
• UC will determine whether parts replacement or repairs are necessary;
• Service and parts must be provided solely by UC. UC will not reimburse you for the cost of services performed or parts replaced by another contractor;
• All parts replaced under the Plan become the property of UC; and
• UC reserves the right to discontinue at any time the Plan and/or your coverage thereunder. If UC discontinues the Plan and/or your coverage thereunder, UC’s liability will be restricted to refunding the unexpired portion of the annual charge, if any, and to completing any repairs or parts replacements covered by the Plan for which you have notified UC up to the date the Plan and/or coverage is discontinued. Furthermore, if UC has performed service under this agreement that exceeded the purchase price of this agreement, UC will not be obligated to refund the unexpired portion of the annual charge.