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This Service Agreement 

Your Service Agreement (“Service Agreement”) consists of these terms and conditions as well as Your Declaration Page, which lists important information about Your coverage (“Declaration Page”) and is the entire agreement between You and Us.

This Service Agreement provides certain coverage for various items and/or systems (collectively, “System(s)”). The System(s) that You have coverage for are listed on Your Declaration Page. This is not an insurance policy.

This Service Agreement is between you, the Service Agreement holder listed on the Declaration Page (“You” or “Your”) and us, C.M.H., Inc. known as CroppMetcalfe (“Us, “We”, “Our”, “Cropp”), the entity obligated to provide service, which is a subsidiary of HomeServe USA Corp. (“HomeServe”). We are responsible for providing Your benefits. We may use third parties to provide elements of this Service Agreement to You.

How can You contact Us?

8421 Hilltop Road, Fairfax, VA 22031 • Please see Your Declaration Page for Our phone number.

Eligibility:                  

Who is eligible for this coverage?

An owner of a residential property with an address within Our service area that is registered with the United States Postal Service (“Home”). For Pest Control and Mosquito plans, a renter of a Home is eligible as well.

If You own a multifamily Home or multiple housing units, You must provide the specific mailing address for each Service Agreement You purchase.

For Termite plans: An initial inspection by Us will be required in order to determine that there is not an active termite infestation in Your Home. If an active termite infestation is found, then it must be removed prior to any termite services being provided to You under this Service Agreement.

For Generator plans: Your Generator must have been installed and maintained by Us.

For HVAC Gold and Silver plans: Your System must be less than 10 years old and must pass inspection by Us, meaning it is working to manufacturer specifications.

For HVAC Platinum plans: You must be the purchaser of the system installed by Cropp, and your system must have been previously covered by the Ultimate Plan or 5 year warranty from Cropp. Your system must have been registered under the original 10-year manufacturer parts warranty with the initial installation, and that warranty must be active at the time of enrollment. Your system must pass inspection by us, meaning it is working to manufacturer specifications.

Who is not eligible for this coverage?

Owners of recreational vehicles or homes intended to be moved.

For HVAC plans: If You have an oil System You will not be eligible for this coverage.

Coverage:                                                                               

You must call Us for Covered Work. What is Covered Work?

Please see Your Declaration Page for details on what Your Service Agreement includes. All work stated to be included on Your Declaration Page is Covered Work.

We will determine in Our sole discretion whether non-functioning materials and parts will be repaired or replaced. If, in Our sole discretion, Your System is not economically repairable We will provide You with a quote for replacement of Your System. Until Your System has been replaced no further service for that System will be provided to You under this Service Agreement.

Exclusions:

What is not covered? (Applicable for parts and labor covered by Us under this Service Agreement)

General exclusions:

1.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.

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

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

4. Assessing, remediating or abating mold or notifying You of any mold that may be present in Your Home.

5. Any correction, upgrade, or move of Your existing System(s) in order to meet any code, law, regulation, ordinance, or utility directive, if not directly related to the necessary Covered Work.

6. Any sections or parts of Your System(s) that are not installed according to code, law, regulation, or ordinance.

7.Any section of Your System(s) that is shared with any third party or is covered by a homeowners’, condominium or like association.

8. Troubleshooting of any Wi-Fi, internet and/or any security settings.

9. Replacement of any System(s), as well as any parts of System(s) that are not expressly stated to be included.

10. Any sections or parts of Your System(s) that are not stated to be covered on Your Declaration Page.

Pest Control additional exclusions:

1. Any damage to Your Home or any other property, and/or diseases, medical or other issues, caused by, or as a result of, pests, insects, rodents or other wildlife.

HVAC additional exclusions:

1. Electrical or plumbing work outside of the HVAC unit.

2. Coils, compressors, heat exchangers, electric heating elements, inverters and accessory parts unless covered by a manufacturer’s warranty.

Service Calls:                                  

What is a Service Call?

A visit to Your Home by Us where work is performed (“Service Call”).

Do You have to pay anything for a Service Call?

Please see Your Declaration Page for covered costs.

When can You request a Service Call?

As soon as Your Service Agreement begins.

How can You request a Service Call?

Call Us and a service representative will schedule the work to be performed. You will not be reimbursed for work not authorized by Us. Technicians must have safe and clear access to, and safe working conditions at and around the work area. In order to make a Service Call Your Service Agreement must be active and You must be current with Your payment(s) of the amount You agree to pay for this Service Agreement, as listed on Your Declaration Page (“Price”). Whether Your System(s) or parts of Your System(s) are to be repaired or replaced is entirely within Our discretion.

When will Covered Work be performed?

• Monday – Saturday 7.30am-6.00pm EST (work outside of these hours may be subject to additional charges payable by You).
• Planned maintenance inspections and treatments will be performed Monday – Saturday 7.30am-4.00pm EST

What is the Covered Work Guarantee?

For Plumbing and Electrical work: We will arrange at Our expense and choice for repair or replacement of Covered Work which is defective in materials or workmanship for 12 months.

For Generator and HVAC work: We will arrange at Our expense and choice for repair or replacement of Covered Work which is defective in materials for 90 days; and workmanship for 30 days.

For HVAC Platinum work: We will arrange at Our expense and choice for repair or replacement of Covered Work which is defective in materials and workmanship for the Term.

The above guarantees are collectively the “Covered Work Guarantee”. Any parts that must be routinely replaced are not included in the Covered Work Guarantee, such as filters, pads, refrigerants, cleaners. We disclaim any and all statutory or common law warranties (whether express or implied) other than the Covered Work Guarantee and any implied warranties that cannot be excluded under applicable law.

Term, cancellation and renewal:

When does this Service Agreement start and how long is it?

Your Service Agreement begins on the start date listed on Your Declaration Page (“Start Date”) and continues until the end date listed on Your Declaration Page (“End Date”) (“Term”).

Can You cancel?

You may cancel at any time by calling Us at 703-698-4205.

• If You cancel within 30 days of the Start Date, You will receive a full refund less the cost of any work performed by Us (meaning as determined in Our sole discretion).
• If You cancel more than 30 days after the Start Date, You will receive a pro-rata refund less the cost of any work performed by Us (meaning as determined in Our sole discretion).

Can We cancel?

• We may cancel, with no less than 15 days’ notice to You: (a) for non- payment of the Price; (b) if We find that You already have coverage that is the same or similar to the coverage provided by this Service Agreement; (c) if We find that You are ineligible for this coverage; or (d) for Your fraud or misrepresentation of facts that are material to this Service Agreement or benefits provided under it.
• We may cancel for any other reason on 60 days’ notice to You.

If We cancel for (a), no refund will be given. If We cancel for (b) or (c), We will refund the payments You have made less the cost of any work performed by Us (meaning as determined in Our sole discretion). In all other cases You will get a pro-rata refund less the cost of any work performed by Us (meaning as determined in Our sole discretion).

You will be notified in writing prior to cancellation. The notice will tell You when Your Service Agreement will be cancelled and why it has been cancelled. The notice period begins when We send the notice to You.

Will this Service Agreement automatically renew?

For all plans other than the HVAC Platinum plan: Unless You tell Us otherwise, Your Service Agreement will automatically renew at the end of every Term for another 12 months at the then-current renewal price. We may change the price at renewal. We reserve the right to not offer this Service Agreement upon renewal.

For the HVAC Platinum plan: Your Service Agreement will not renew at the end of the Term.

Other terms:       

Receiving documents electronically

If You consent to electronic delivery, You can receive Your Service Agreement and all related documents to the email address listed on Your Declaration Page (“Email Address”). To update Your Email Address, or discontinue electronic delivery of Your documents You can call Us.

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 www.homeserveusa.com, carefully to fully understand how We collect, share, and protect personal data about You. You can also call Us to request a copy.

Assignment/Amendment

We may assign this Service Agreement, in whole or in part, at any time without prior notice to You. We may change this Service Agreement (including the Price) 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 Service Agreement or delegate any of Your obligations.

Transfer

For HVAC Platinum Plans: You may not transfer this service agreement. For all plans other than the HVAC Platinum Plan: If you move to a new home, please contact us as soon as possible to discuss your options for continued coverage.

General

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. 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 exceed the lowest applicable per repair Benefit Limit, or, if there is no maximum Benefit Limit, any actual losses or direct damages that exceed the cost of work provided for in the “What is Covered Work?” section of this Service Agreement, relating to any 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 work performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided under this Service Agreement, 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 Service Agreement. You may have other rights that vary from state to state.

Arbitration: YOU, CROPP AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:

1. ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS SERVICE AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM CROPP 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 Service Agreement. This arbitration agreement also applies to disputes involving the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of Cropp or HomeServe. In addition, this arbitration agreement covers any claims or causes of action against Cropp 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 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 Service 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. Cropp 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. E.BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHTTO PROCEED IN COURT.
6. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU, CROPP 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 Cropp or HomeServe.

State variations

The following shall apply if inconsistent with any other terms and conditions of this Service Agreement:

For customers in Maryland: If You cancel within 30 days of the Start Date and the refund is not paid or credited within 45 days of the date of cancellation, a 10% penalty will be added to the refund for every 30 days the refund is not paid. If Your Service Agreement expires while approved work is being carried out, this Service Agreement will be extended until the work has been completed.

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Residential HVAC Terms

I have authority to order the work, which has been satisfactorily performed, as outlined above. It is agreed that the seller will retain title to any equipment or material that may be furnished until final payment is made, and if settlement is not made as agreed, the seller shall have the right to remove same and the seller will be held harmless for any damages resulting from the removal thereof, all cost of collection shall paid by customer, including reasonable attorney’s fee. This invoice is subject to a finance charge of 2% per month, annual percentage rate of 24% which is allowed by law. Deduct $15 if no service sticker.

LIMITED WARRANTY – LABOR 30 DAYS – PARTS 90 DAYS

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Commercial HVAC Terms

1. For the convenience of both the Customer and CroppMetcalfe, the Customer will permit CROPPMETCALFE SERVICE DIVISION personnel to use his common building equipment, such as ladders, elevators, etc. together with free and timely access to necessary areas.
2. Both the Customer and CROPPMETCALFE/SERVICE DIVISION agree that all work referred to in this agreement shall be performed during regular weekday hours of 8:00 A.M. to 4:00 P.M., Monday through Friday, except Holidays. If, for any reason, the Customer requests that work be performed beyond regular working hours the Customer agrees to pay only the difference between regular and overtime labor at CROPPMETCALFE/SERVICE DIVISION currently established rates.
3. Customer agrees to make prompt payments. Should a payment become thirty (30) days delinquent, this contract may become null and void at any time thereafter at the option of CROPP-METCALFE/SERVICE DIVISION, and all monies owed CROPPMETCALFE/SERVICE DIVISION, will become due upon demand.
4. In the event of any alterations, additions, adjustments, or repairs by others, (unless authorized by CROPPMETCALFE/SERVICE DIVISION) CROPPMETCALFE/SERVICE DIVISION assumes no responsibility and has the option to terminate this agreement.
5. CROPPMETCALFE/SERVICE DIVISION shall not be responsible for the original system design, installation or its performance in maintaining design conditions, except through failure of equipment covered herein.
6. If CROPPMETCALFE/SERVICE DIVISION is required to perform any services occasioned by improper operation, freezing, water leaks through: roof/curbs/or equipment, negligence, vandalism, abuse, or misuse, the customer will reimburse CROPPMETCALFE/SERVICE DIVISION in accordance with CROPPMETCALFE/SERVICE DIVISION’s currently established rates.
7. Any repairs or services associated with such items as: power failures, electrical panels, disconnect switches, circuit breakers, electrical supply lines, water mains, or chilled/condenser water and steam lines to the equipment, building sinks, floor drains, equipment cabinets, casings, door seals, hardware, thermometers, gauges, flues, ductwork, grilles, boiler tubes, refractories, oil or gas heat exchangers, and air side corrosion; or any other parts not directly related to the operation of the equipment (such as: hand, flow, balancing, or plub valves); or the cleaning of any air passages, grilles; or the air balancing of equipment are not covered by this agreement and will be paid for by the customer in accordance with CROPPMETCALFE/SERVICE DIVISION’s current established rates.
8. All costs to correct any damage resulting from improper/inadequate water treatment or filter service not supplied by CROPP METCALFE/SERVICE DIVISION will be paid for by the customer in ac-cordance with CROPP-METCALFE/SERVICE DIVISION’s currently established rates.
9. The Seller has the sole option of eliminating from the contract at any time, any piece of equipment it finds to be economically unsound for further servicing or repairs.
10. Obsolete parts or components may be replaced by adapting or converting as necessary. The labor and material for this service will be chargeable to the customer at CROPPMETCALFE/SERVICE DIVISION’s currently established rates.
11. In the event of any additional costs resulting from a customer’s request to circumvent an equipment warranty status, normal delivery procedure, normal labor or material usage, the customer agrees to pay these additional costs at CROPPMETCALFE/SERVICE DIVISION’s currently established rates.
12. The Seller shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. It shall not be liable for expense incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this agreement. It shall not be held liable for any loss or damage due to delay in furnishing labor or material caused by reason of strikes or labor troubles affecting its employees who perform the service called for herein, delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control.
13. The Seller shall not be required to furnish any items of equipment, labor, or make special tests as are recommended or required by insurance companies, Federal Government, State, Municipal or other authorities.
14. The buyer agrees to pay as an addition to the price herein above set forth, the amount of any present and future taxes or any other government charges now or hereafter imposed by existing or future laws with respect to the transfer, use, ownership or possession of the equipment to which this agreement relates.
15. This Agreement contains the entire contract and the parties hereby agree that this agreement shall become a valid contract only when the terms #1 thru 5 have been agreed to and the entire agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or understanding, oral or written, not contained herein, will be recognized or enforced.

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Plumbing Terms and Conditions

A WORD ABOUT OUR WARRANTY
Our goal is to provide you with the highest level of professionalism, service, and a warranty you can understand and trust. Many service companies provide 30, 60 OR 90 DAY WARRANTIES. The materials we install have been carefully selected and meet or exceed O.E.M. specifications. We are not in competition with the do-it-yourself home centers. Many of the products we offer are available only in professional grades and are not the same as the look-a-like items in these home centers. Our on-site replacement warranties are highly regarded as a no-hassle alternative to the home center’s "bring-it-in" or "send-to-manufacturer" warranties. We deliver service in your home or business via a fully equipped service vehicle with a highly trained and insured technician who is able to spot other possible problems in your particular application. We hope you agree that our superior level of service and superior warranty are of important value and justify the price you pay. To contribute to the achievement of our goal, we offer this excellent warranty.

LABOR: CROPPMETCALFE will remedy any deficiency in the craftsmanship if it receives notice of the deficiency on or before:

1. One (1) year for repair service work, and for appliance/fixture/equipment replacement or installation work, from the date of substantial completion of the work performed; OR
2. No warranty is given for the continued operation of the system or equipment repaired. The cost of additional work or new repairs will be quoted in advance at prevailing rates for you to accept or decline. Inspection and Preventive Maintenance work does not carry any labor warranty, but does provide the assurance that potential problem areas have been examined and evaluated by a trained technician.

MATERIAL: CROPPMETCALFE subject to the availability of replacement material, will remedy any deficiency in the material it furnishes to perform the work if it receives notice of the deficiency on or before one (1) year from the date of substantial completion of the work performed. The material furnished carries only the manufacturer’s warranted, if any, and CROPPMETCALFE neither warrants such material, nor adopts such warranty as its own.

CROPPMETCALFE EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OTHERWISE ON ALL MATERIAL FURNISHED FOR THIS JOB. There is no material warranty hereunder for customer-furnished material or equipment.

REFRIGERANT LEAK WARRANTY CLARIFICATION: In the case of refrigerant leak repairs, our labor and material warranty is a stated above with the following clarifications:

1. You are strongly urged to let the technician show you the location of the leak prior to and after the repair. If this is not possible due to difficult accessibility (i.e., it’s in the attic or other inconvenient location), the technician will accurately describe the leak location on this invoice. Our warranty covers only the specific leak repaired.
2. Unfortunately many times there can be more than one refrigerant leak in a leaking system. We may locate one leak and complete an effective repair, only to be called out again later and find another one. Our warranty on the previous leak repair would not cover the new one. However, if within 90 days of the first leak identification and repair another leak is discovered, we will provide a no-charge diagnostic and leak search. You will then only pay for the repair of the additional leak, just as you would have done if we had located the leak on the first trip.

TERMS AND CONDITIONS: Please present the invoice to the warranty technician to aid in determining the scope of the warranty coverage. Warranty work will be performed during regular hours (7:30 a.m. to 4:30 p.m., Monday through Saturday) without charge. Emergency overtime warranty work will be performed upon CUSTOMER’s agreement to pay one-third (1/3) of the prevailing Customer Assured Pricing overtime price for the warranty task(s) performed. The Diagnostic Service Fee will be waived if any warranty work is performed.

No warranty work will be performed if the CUSTOMERS’s account is past due. Warranty work performed does not extend the warranty period. LIMITATION OF OBLIGATION FOR DAMAGES: CROPPMETCALFE’s obligation for actual damages shall be limited to the lesser of the cost to repair or to replace the equipment worked on, but in no event shall CROPPMETCALFE
be legally liable for more than the value of the services furnished under this invoices, stated as the INVOICE TOTAL.

CUSTOMER’s insurance shall be primary and subrogation rights shall be waived. Under no circumstances shall CROPPMETCALFE be liable for any incidental consequential damages related to or arising from the performance of the work.

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Pest Control Terms and Conditions

All cost of collection shall be paid by customer, including reasonable attorney’s fee. The invoice is subject to a finance charge of 2% per month, annual percentage rate of 24% which is allowed by law. Terms: net cash on completion a charge of $15.00 will be added for billing charges subject to accounting audit.

• Warranty- All work is under warranty for 30 days from the time of the initial visit for this pest problem.
• CroppMetcalfe is not responsible for damage to home prior, during, or after visit to treat pest problem.

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