Membership Term & Conditions
HVAC Membership Agreements
Heating or Cooling Systems
– Annual (PM) Preventive Maintenance (this also satisfies the equipment manufacturers warranty requirement)
– 15% Discount on service work
– (1) Annual PM visit for gas or oil heating systems
– (1) Annual visit for cooling on conventional or dual fuel heat pump systems (heat pumps that are attached to a gas or oil furnace)
– (1) Annual PM visit for heat pump only systems (mini split systems and central heat pump only systems)
HVAC System Accessories (Must be added to an HVAC Membership)
– Evaporative type humidifier
– Steam type humidifier
– Heat/Energy recovery ventilator (HRV or ERV)
On Demand Water Heater
– 15% Discount on service work
– (1) Annual PM visit
Exclusions
– Frozen oil lines, heating piping, or water lines
– Defective circuit breakers or fuses
– Lack of preventive maintenance
– Chimney problems
– Damages caused by flood, lightning, fire, power surge, generators, acts of God, or andinterruptions of electricity
– Failure of oil/propane tanks
– Ductwork and duct systems
– Radiators, registers, and grilles
– Standard air filters (We will replace them if needed during all calls if you have replacements onsite).
– High Efficient/High Capacity media air cleaners will be replaced at a 15% discount.
– Heat exchangers unless still covered by the factory warranty
– Any electrical service before the unit service switch
– Switches/breakers shut off by owner/tenant
– Thermostat setpoint or mode set incorrectly by owner/tenant
Preventive Maintenance Scheduling
All preventive maintenance (PM) services will be scheduled in advance. Available dates will be provided by us for you to choose from at our discretion to meet scheduling demands. Parts fromanother source or services by another company will void this membership unless written prioragreement from Pettigrew Plumbing & HVAC. Any services that are not covered by anymemberships will be performed at our non-membership rates.
Pettigrew Membership General Terms and Conditions
1. These terms and conditions, exclusions, and summary known collectively here as the“Membership Agreement”, are the only terms that govern our provision of services renderedunder our service plans.
2. The Membership agreement shall only become effective after payment and a signedMembership Agreement. The date of payment and a signed agreement shall be the effectivedate of the membership agreement. The Membership Agreement only covers residential andlight commercial HVAC and Plumbing systems. Any systems that are or become obsolete maybecome ineligible for coverage. Pettigrew Plumbing & HVAC is not responsible for therepair/replacement of any equipment or parts that we deem to be obsolete or for which parts areno longer readily available. We shall not be liable for any damages or losses arising out of ourinability to obtain replacement parts through our normal supply sources.
3. Any payments made by you under this Membership Agreement are not refundable. Theannual Membership will automatically renew with your saved payment method and must be paidby the due date on the renewal invoice to prevent a lapse in Membership benefits. Latepayments may result in the termination of the Membership Agreement.
4. The term of the agreement shall be for (1) year from the date of the paid MembershipAgreement invoice. You may cancel the Membership Agreement at any time, however anypayments made are not refundable. Pettigrew Plumbing & HVAC reserves the right to adjust thepricing/discount amounts on the Membership Agreements annually and we’ll endeavor toprovide you with any pricing adjustments in advance of your auto renewal. Pettigrew reservesthe right to cancel or discontinue the Membership Agreement plans without notice at any time.In this occurrence, any unused portion of the Membership will be credited to your account orrefunded by us to you as you choose. If there are any unpaid balances on your account, anyrefund will be applied to those debts first and any remainder will be refunded.5. We will perform Membership services as described in the “Services Performed” section of the“Membership Summary” of this agreement. These will be performed by technicians of requiredskill and qualifications, in a professional, workmanlike manner, according to recognized industrystandards for similar services. Pettigrew will not be liable for a breach of warranty set forth in thisparagraph unless you provide us with written notice of any defective services, reasonabledescribed, within (3) days of the time when you discover or ought to have discovered that suchservices were defective. If you timely notify us of any defective services, we will, at our solediscretion, either (a) repair or re-perform such services or (b) credit/refund the price of suchservices to you. THE REMEDIES SET FORTH IN THIS PARAGRAPH ARE YOUR SOLE & EXCLUSIVEREMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH INTHIS PARAGRAPH (5).
6. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARAGRAPH (5) ABOVE, WE MAKE NOWARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES OR ANY PARTS OR EQUIPMENT,INCLUDING ANY (a) WARRANTY OF MERCHANT ABILITY; OR (b) WARRANTY OF FITNESS FOR APARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSEOF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. PARTS OR EQUIPMENT MAY HAVE AMANUFACTURER’S WARRANTY AND WE, TO THE EXTENT PERMITTED BY THE MANUFACTURER, WILL PASS ALONG SUCH MANUFACTURER’S WARRANTY TO YOU.
7. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE,REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WEREFORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITSESSENTIAL PURPOSE.
8. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THISAGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US FOR THEMEMBERSHIP AGREEMENT.
9. We may terminate this Agreement with immediate effect, and without refund of any unusedportion of the Membership Agreement, if you: (a) fail to pay us any amount when due under thisAgreement or otherwise; (b) fail to comply with any of the terms of this Agreement, in whole orin part; (c) your system(s) covered by this Agreement are serviced by any person or companyother than us.
10. We shall not be liable or responsible to you, nor be deemed to have defaulted or breachedthis Agreement, for any failure or delay in fulfilling or performing any term of this Agreement,when and to the extent such failure or delay is caused by or results from (a) acts orcircumstances beyond the reasonable control of us including, without limitation, acts of God,flood, fire, earthquake, extreme weather conditions, explosion, governmental actions, war,invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, civil unrest,national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes(whether or not relating to either party’s workforce), (b) restraints or delays affecting carriers, (c)inability or delay in obtaining supplies or parts of adequate or suitable materials, (d) defectiveparts, (e) telecommunication breakdown, (f) power outage, or (g) your negligence or misuse ofyour HVAC systems.
11. Our Membership Agreement does not cover oil or propane tanks and we are not responsiblefor any claims, damages or losses arising out of or resulting from any release of heating oil orgas. We recommend that our customers replace any underground oil tank and oil lines withabove ground oil tanks and lines to minimize the possibility of leakage. Such types of servicesare not covered under the Membership Agreement and a quote for such services can beprovided at your request. You shall indemnify, defend and hold us harmless from any and allclaims, damages or losses arising out of or resulting from any release of fuel oil, natural gas orpropane gas.12. You shall not assign or otherwise transfer any of your rights or delegate any of yourobligations under this Agreement without our prior written consent. All matters arising out of orrelating to this Agreement are governed by and construed in accordance with the internal lawsof the State of New Hampshire. If any term or provision of this Agreement is invalid, illegal orunenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect anyother term or provision of this Agreement or invalidate or render unenforceable such term orprovision in any other jurisdiction. We reserve the right to amend or otherwise modify theMembership Agreement Summary and Terms and Conditions on an annual basis. Any suchamendments or modifications will take effect as of the first day of each Renewal Term. Yourelection not to terminate this Agreement pursuant to Paragraph (4) above shall mean that youagree to any amendments or modifications made by us to the Membership Agreement and/orTerms and Conditions.
13. All notices to be given under this Agreement must be in writing and shall be deemedreceived upon receipt. Notices to Pettigrew Plumbing & HVAC must be delivered to our office at7 Mirona Rd., Portsmouth, NH 03801. Notices to you will be delivered to your email address onfile or your billing address set forth on your signature page. Notices to us must be delivered bypersonal delivery, nationally recognized courier, or certified or registered mail.
