Terms Of Service

1. These Terms of Service, along with your Customer Enrollment Form, constitute your Maintenance Comfort Plan (Agreement) with Canyon State Air-Conditioning and Heating, LLC (we, us, or our). If you have any questions, please contact us at (623) 584-2850. An individual who enrolls in any of our plans by completing a Customer Enrollment Form is herein referred to as Customer, you, or your.
2. This Agreement includes only the maintenance visits (Tune-Up) and benefits specified on the Customer Enrollment Form. The equipment specified on the Customer Enrollment Form (Equipment) must be performing its fundamental operation(s) in normal service for all points of applicable inspections to be provided.
3. This Agreement covers only Equipment specified on the Customer Enrollment Form.
4. The included discounts for parts and labor (Repairs) and diagnostic fees are specified on the Customer Enrollment Form.
5. This Agreement only covers the services and items stated on the Customer Enrollment Form and does not cover:
   
   1. Excluded Damages (see Section 18), for example damages necessary to access the repair area.
   2. Assessing, remediating or abating mold or notifying you of any mold that may be present in your home.
   3. Equipment failure of any kind, whether due to abuse by or lack of proper maintenance service by Customer. Periodic maintenance checkups and filter replacements to applicable Equipment in accordance with applicable manufacturer specifications are the responsibility of the Customer.
   4. Any failure by us to detect any defect in or malfunction of the Equipment.
   5. Air filters, drain lines, condensate pumps, external refrigerant lines, ducts, electrical wiring external to the Equipment, or any other equipment not listed on your Agreement.
   6. Repairs to correct failures or malfunctions that are not considered manufacturing defects, such as damage or malfunctions resulting from fire, water, storms, earthquake, faulty power supply, theft, riot, misuse, abuse, negligence, or improper application of the Equipment.
   7. Rust and corrosion, installation in a corrosive atmosphere or environment, or other perils not related to defects in workmanship or materials, unless otherwise stated on your Customer Enrollment Form or this Agreement.
   8. Repairs to alter the Equipment to meet changes in Federal, State or local codes or regulations.
   9. Freight charges on parts.
   10. Any work performed by any service provider other than us.
   11. Appearance: Features, aesthetics, paint and cabinet parts, insulation, knobs and buttons, including but not limited to rust or corrosion or damage caused by rust or corrosion.
   12. Pre-existing conditions.
   13. Using non-manufacturer accessories or replacement parts in Equipment, unless specifically identified on your Customer Enrollment Form or this Agreement.
6. The price for this Agreement (Fee) and how you pay is specified on the Customer Enrollment Form.
7. Subject to these Terms of Service and the earlier termination or expiration of this Agreement, this Agreement begins on the start date listed on your Customer Enrollment Form (Start Date) and continues for the term listed for the applicable plan on your Customer Enrollment Form (Term).
8. To schedule an appointment, call us at (623) 584-2850.
9. For the time period listed under your plan of choice on your Customer Enrollment Form, commencing with the date of a Repair, we will arrange at our expense and choice for repair or replacement of parts which are defective in materials or workmanship (Repair Guarantee). We disclaim any and all statutory or common law warranties (whether express or implied) other than the Repair Guarantee and any implied warranties that cannot be excluded under applicable law. For the avoidance of doubt, if Customer purchases replacement parts or repair services from another service provider unaffiliated with us and not at our direction, we are not responsible to either provide reimbursement for such parts or services or a warranty with respect thereto. Any services that we provide under the Repair Guarantee will be performed during our regular business hours, October through April: 8:00 A.M. to 5:00 P.M., May through September: 7:00AM to 6:00 PM, Monday through Friday, subject to closures for holidays.
10. If you are enrolled in one of our plans, we may offer emergency services for situations that create either a substantial risk of injury to persons or substantial damage to Equipment, if you provide us with sufficient information to assess whether the requested services constitute a true emergency. Services we provide to you outside of our regular business hours or for work that is not covered under one of our plans may be subject to additional charges payable by you above our customary prices. For any Repairs that we may perform on Equipment during the Term, we will provide you with any flat rate pricing that we determine may apply to such Repairs. If we determine that flat rate pricing is not applicable, then we will honor any applicable discounts as referenced in the Customer Enrollment Form. With exception for emergency situations and work not covered under one of our plans, we will not charge you overtime charges toward any Repairs we may provide during the Term to Equipment outside of our regular business hours.
11. We reserve 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 us. If rejected, you will be given a pro-rata refund, if applicable, less the cost of any Tune-Ups or discounts on Repairs provided. If, 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 covered work for that Equipment will be provided to you under this Agreement.
12. You may cancel at any time by calling us at (623) 584-2850. If you cancel within 30 days of your Start Date, you will receive a full refund of the Fee, less the cost of any Tune-Ups or discounts on repairs provided. If you cancel more than 30 days after the Start Date you will receive a pro-rata refund of the Fee, less the cost of any Tune-Ups or discounts on Repairs provided. If you miss a payment of the Fee, you will not be able to use this Agreement, including requesting a Tune-Up, until payment is made.
13. If you move to a new home, please contact us as soon as possible to discuss your options for continued coverage.
14. Plan renewal terms and conditions, as applicable, are set forth in the Customer Enrollment Form. If a plan that you are enrolled in provides for renewal, unless you tell us otherwise, your Agreement with respect to such plan 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 for renewal this Agreement or any of the plans identified in your Customer Enrollment Form.
15. We reserve the right to refuse service under this Agreement should you threaten or be verbally or physically offensive towards us or any of our employees. We also reserve the right to refuse service under this Agreement in the event of fraud or material misrepresentation by you, or your failure to pay us for any services rendered or goods provided under this Agreement or under any other agreement with us, when such payment shall be due.
16. 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 (623) 584-2850.
17. We are serious about the private nature of your personal data. Please read our Privacy Policy, a link to which can be found at the bottom of every page at https://canyonstateac.com, carefully to fully understand how we collect, share, and protect personal data about you. You can also call us to request a copy.
18. We may transfer this Agreement, in whole or in part, at any time without prior notice to you. You may not transfer this Agreement without our prior written consent We may change this Agreement (including to charge an additional fee) and delegate any of its 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.
19. To the fullest extent permitted by applicable law, (1) you agree that we and our parents, successors, affiliates, technicians and their officers, directors, 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 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 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 (the damages listed in clauses (a) and (b), collectively the “Excluded 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. YOU AND WE AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
    
    1. 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 US, 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. In addition, this arbitration agreement covers any claims or causes of action against us 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.
    2. 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.
    3. 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.
    4. 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.
    5. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.
    6. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE 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 us.
21. Miscellaneous
    
    1. Should any of these terms and conditions conflict with the laws of your state they shall be deemed amended so as to comply with those laws.
    2. This Agreement, including and together with any related schedules or other attachments, constitutes the sole and entire agreement of the parties hereto with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
    3. No amendment to, or modification of, or rescission, termination, or discharge of this Agreement is effective unless it is in writing and signed by you and us.
    4. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, you and we shall negotiate in good faith to modify this Agreement to effect the original intent of the parties hereto as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
    5. No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

ROC #095769 | ROC #332582 | ROC #161570

You have the right to file a complaint with the ROC at (602) 542-1525 or at www.roc.az.gov.