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New installation warranty plan terms and conditions

Please read carefully.

This Warranty

Your limited warranty (“Warranty”) consists of these terms and conditions as well as Your Sales Proposal (“Proposal”) and is the entire agreement between You and Us.

This Warranty covers the labor for the newly installed system listed on Your Proposal (“System”) at the property listed on the Proposal (“Property”). This is not an insurance policy.

This Warranty is between you, the customer listed on the Proposal (“You” or “Your”) and us, HomeServe USA Energy Services, LLC d/b/a UGI Heating, Cooling & Plumbing (“Us, “We”, “Our”, “HSES”), the entity obligated to provide this Warranty, which is a subsidiary of HomeServe USA Corp. (“HomeServe”). We may use third parties to provide elements of this Warranty to You.

How can You contact Us?
180 Sheree Boulevard, Suite 3050, Exton, PA 19341 • 1-833-980-3496

Warranty

You must call Us for Included Work to be performed under this Warranty

What is Included Work?

  • If Your System fails or is inoperable due to improper workmanship or installation by Us, We will perform and pay for the costs of all labor associated with the diagnostics and repair of Your System (“Included Work”) during the Term.

  • If Your System fails or is inoperable due to failed or defective parts, We will coordinate with the manufacturer on Your behalf for a replacement System or System parts, if needed, pursuant to any included manufacturer’s warranty.

DISCLAIMER: THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, ALL REPRESENTATIONS MADE BY HSES AND HOMESERVE, AND ALL OTHER OBLIGATIONS OR LIABILITIES RESPECTIVE OF THE SYSTEM.HSES AND HOMESERVE DISCLAIM AND MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THEIR AGENTS OR TECHNICIANS ARE NOT AUTHORIZED TO MAKE ANY SUCH WARRANTIES ON BEHALF OF HSES OR HOMESERVE.

Exclusions

What is not included under this Warranty and/or what will void this Warranty?

General exclusions:

  • Damages, losses or expenses, whether from accident, negligence or otherwise, caused by: (a) You or any person or entity other than Us or HomeServe; or (b) unusual circumstances, meaning a natural disaster, act of God (such as fires, explosions, earthquakes, drought, tidal waves, extreme weather, and floods), war, riots, hostilities,strikes, work slowdowns, or acts or threats of terrorism.

  • Excluded Damages (see “Limits of liability”). Your rights and remedies may vary depending on the state where Your Property is located.

  • Correction of, or reimbursement for, any repairs made by You or anyone You hire.

  • Any work not stated to be covered in “What is Included Work?”.

Warranty Calls

What is a Warranty Call?
A visit to Your Property by Us where Included Work is performed (“Warranty Call”).

When can You request a Warranty Call?
As soon as Your Warranty begins.

How can You request a Warranty Call?
Call Us and a service representative will schedule the Included Work to be performed. Technicians must have safe and clear access to, and safe working conditions at and around the work area. In the event asbestos or any other hazardous material is found to be present, all work will cease until resolved by You. In order to make a Warranty Call Your Warranty must be active.

The Included Work to be performed is entirely determined at Our discretion.

When will Included Work be performed?
Monday – Sunday 8:00 am- 8:30 pm.

Term, cancellation, and renewal

When does this Warranty start and how long is it?
Your Warranty begins on the date Your System is installed at Your Property
and continues for 12 months (“Term”).

Can We cancel this Warranty?
Yes. If any person or entity other than Us works on, connects to, modifies, or services the System, then this Warranty will be cancelled and cannot be reinstated.

System and System parts are covered under the manufacturer’s warranty and cannot be canceled by Us.

You will be notified in writing in the event of Our cancellation of this Warranty. The notice will tell You why it has been cancelled.

Will this Warranty renew?
No. This Warranty will not renew.

Other terms

Privacy policy
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://www.homeserve.com, carefully to fully understand how We collect, share, and protect personal data about You. You can also call Us at 1-833-980-3496 to request a copy.

Assignment/Amendment
We may assign this Warranty, in whole or in part, at any time without prior notice to You. We may change this Warranty and delegate any of Our 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. You may not change this Warranty or delegate any of Your obligations.

Transfer
You may not transfer this Warranty.

General
Should any of these terms and conditions conflict with the laws of the state Your Property is in they shall be deemed amended so as to comply with those laws. Should certain terms or conditions be held to be invalid or unenforceable, the remainder of these terms and conditions shall remain valid.

Limits of liability
To the fullest extent permitted by applicable law, (1) You agree that We and HomeServe, and both of Our respective parents, successors, affiliates, approved technicians and Our and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of either Us or HomeServe shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceeds the cost of Included Work provided for in the “What is Included Work?” section of this Warranty, relating to any Included Work performed by Us, HomeServe or on behalf of either Us or HomeServe 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 Included Work performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided under this Warranty, regardless of whether such damages were foreseeable and whether or not We or HomeServe or anyone acting on behalf of either Us or HomeServe 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 Warranty. You may have other rights that vary from state to state.

ARBITRATION: YOU, HSES, AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION AS FOLLOWS:

FOR RESIDENTIAL CUSTOMERS:

  • ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS WARRANTY OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM HSES OR HOMESERVE, 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 Warranty. This arbitration agreement also applies to disputes involving the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of HSES or HomeServe. In addition, this arbitration agreement covers any claims or causes of action against HSES or HomeServe 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
    Property is located.

  • 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.

  • THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By entering into this Warranty, all parties are waiving their respective rights 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.

  • HSES will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges You for arbitration of the dispute.

  • BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.

  • IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU, HSES, AND HOMESERVE 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 HSES or HomeServe.

FOR COMMERCIAL CUSTOMERS:

  • This Warranty shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of New York. ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS WARRANTY OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM HSES OR HOMESERVE, WILL BE RESOLVED BY BINDING ARBITRATION. This arbitration agreement applies to disputes no matter when they arose, including claims that arose before You and We entered into this Warranty. This arbitration agreement also applies to disputes involving the officers, directors, managers, members, employees, affiliates, representatives, agents, contractors, insurers, technicians, successors or assigns of HSES or HomeServe and its owners. 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 will administer the arbitration under its Commercial or other Arbitration Rules. The Federal Arbitration Act applies. The arbitration will be held in New York City, New York, U.S.A., conducted in English, and decided by a single arbitrator. The award rendered by the arbitrator shall be final non-reviewable, non-appealable and binding on the parties and may be entered and enforced in any court having jurisdiction, and any court where a party or its assets is located (to whose jurisdiction the parties hereby consent for the purposes of enforcing the award). Except as may be required by applicable law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of the parties to such arbitration.

  • THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By entering into this Warranty, all parties are waiving their respective rights 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.

  • BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.

  • IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU, HSES, AND HOMESERVE 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, parent companies, successors or assigns of HSES or HomeServe.

  • If either party commences action in any court, in violation of the arbitration requirement, then the party so commencing the action will be responsible for all expenses incurred by the parties in the arbitration and the court proceedings whether or not they are the prevailing party. In all other circumstances, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal costs including the prevailing party’s attorney fees (including whether such fees are related to or arising from any appeal).