TERMS OF SERVICE
1. These Terms of Service, along with the Customer Enrollment Form, constitute the plan holder’s (you, your) entire Complete Customer Care Maintenance Plan (Agreement) with Arizona’s Dukes of Air LLC dba Sterling Plumbing (we, us, our). If you have any questions, please contact us at (480) 773-6565.
2. You can call us at (480) 773-6565 to schedule an appointment for a technician to come to the address listed on your Customer Enrollment Form (Address). Technicians must have safe and clear access to, and safe working conditions at and around, the work area.
3. This Agreement covers only the HVAC and/or plumbing equipment listed on your Customer Enrollment Form (Equipment) at the Address.
4. You will receive a discount on all parts and any repair work, including diagnostics (Repair(s)), performed on your Equipment. Your plan also includes certain additional benefits. The plan discounts, and additional plan benefits, are as follows, as applicable to your Equipment type and the plan you selected:
- Bronze Plan- 10% discount
- $39.95 diagnostic fee per Repair service call
- $250 off a new HVAC system installation (HVAC plans only)
- Silver Plan- 15% discount
- $29.95 diagnostic fee per Repair service call
- $350 off a new HVAC system installation (HVAC plans only)
- Soft water salt refills available at $8 per 40 lb. bag at time of Plumbing Tune-Up(s) (Plumbing plans only)
- Gold Plan- 20% discount
- $19.95 Diagnostic Fee per Repair service call
- $450 off a new HVAC system installation (HVAC plans only)
- Soft water salt refills available at $8 per 40 lb. bag at time of Plumbing Tune-Up(s) (Plumbing plans only)
5. HVAC plans include 2 maintenance visits per year of your Term for your Equipment and Plumbing plans include 1 maintenance visit per year of your Term for your Equipment (collectively, Tune-Up(s)). This Agreement also includes priority service over customers without an Agreement. Your Equipment must be performing its fundamental operation(s) in normal service for all points of the Tune-Up(s) to be provided. The Tune-Up(s) include an inspection of the following (only as applicable to your Equipment and the plan you selected):
- HVAC Tune-Up(s): Bearings, belt, blower assembly, blower motor amps, blower run cap, check overflow pan, combustion blower, compressor run capacitor, compressor motor amps, contactor, cooler damper, carbon monoxide safety check, defrost operation, discharge pressure, disconnect, duct vapor barrier, electrical safety circuit, fan control, filter condition, filter grill type, filter size, filter type, flame safety, flue condition, gas leaks, gas press switch, heat anticipator, heat exchanger, ignition system, indoor coil, limit switches, liquid press, liquid temp, load conditions, lubricate motors, motor amps, outdoor fan blade, outdoor motor run capacitor, outdoor motor amps, pilot safety, plenum seal, proper combustion, relays, return air temps, return static, reversing valve, subcooling, suction press, suction temp, super heat, supply air temps, supply static, temp split. thermostat batteries, thermostat operation, total static, wash outdoor coil, wiring.
- Plumbing Tune-Up(s): (i) Kitchen, bathroom, and washer: faucet(s), drain(s), valves, supply lines, toilet(s), tub(s)/shower(s), garbage disposal, strainer(s), ice maker supply, washer box; (ii) Water Softener System: hardness test, salt tank, drain line, bypass; (iii) Reverse Osmosis System: membrane test (PPM), tubing, and filter; (iv) Outdoor Piping: emergency valve, incoming pressure, pressure reducing valve, pressure vacuum breaker(s) (including pool fill), hose bib(s); (v) Water Heater: emergency valve, drain valve, electrical, T-Stats, supply lines, flue pipe, elements, safety pan, T&P valve/line, gas shut-off, gas flex, flushing (including flushing with solution for tankless water heaters).
6. Repair(s) and Tune-Up(s) will be performed during our regular business hours, 7:00 A.M. to 7:00 P.M., Monday through Friday, subject to closures for holidays. Emergency services (as determined within our sole discretion) outside of these hours may be provided. Heating system Tune-Up(s) will be performed during the fall and Cooling system Tune-Up(s) will be performed in the spring.
7. This Agreement covers only the items listed in sections 4 and 5, above, and does not cover:
- Excluded Damages (see Section 20), for example damages necessary to access the Repair area.
- Assessing, remediating, or abating mold or notifying you of any mold that may be present in your home.
- Supplying and/or replacing filters.
- Any failure by us to detect any defect in or malfunction of the Equipment.
- Discounts for refrigerant.
8. The price for this Agreement (Price) and how you pay is specified on the Customer Enrollment Form.
9. 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) unless you or we cancel this Agreement
10. If you pay monthly, unless you tell us otherwise, your Agreement will automatically renew at the end of every Term at the then-current renewal price. If you pay for the Term in one payment, this Agreement will not automatically renew. We may change the price at renewal. We reserve the right to not offer this Agreement upon renewal.
11. Repairs performed under this Agreement are guaranteed as follows: (1) against defects in workmanship for 1 year for Bronze and Silver plans, or for 2 years for Gold plans; and (2) against defects in materials for 1 year for Bronze and Silver plans, or for 2 years for Gold plans, or in accordance with any applicable manufacturer’s warranty (Repair Guarantee). The Repair Guarantee does not apply to any Repairs relating to clogged drains.
12. We reserve the right to reject this Agreement if, on inspection, your Equipment is found to be unsafe or in such condition that service would be unsatisfactory to either you or us. If at any point, 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 work for that Equipment will be provided to you under this Agreement.
13. You may cancel at any time by calling us at (480) 773-6565. If you cancel within 30 days of your Start Date, you will receive a full refund, less the cost of any Tune-Ups, Repairs, or other services provided under this Agreement. If you cancel more than 30 days after the Start Date, you will receive a pro rata refund, less the cost of any Tune-Ups, Repairs, or other services provided under this Agreement.
14. We may cancel this Agreement (a) for non-payment of the Price; or (b) for your fraud or misrepresentation of facts that are material to this Agreement or benefits provided under it; or (c) as otherwise permitted by this Agreement.
15. We reserve the right to refuse service under or cancel this Agreement should you threaten or be verbally or physically abusive or offensive towards us or any of our personnel. If you miss a payment of the Price, you will not be able to use this Agreement, including requesting Tune-Up(s), until payment is made.
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 (480) 773-6565.
18. If you move to a new home, please contact us as soon as possible to discuss your options to transfer this Agreement.
19. We may assign this Agreement, in whole or in part, at any time without prior notice to you. We may change this Agreement (including the Price or to charge an additional fee) 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. If you do not like the changes, you may cancel this Agreement.
20. To the fullest extent permitted by applicable law, (1) you agree that we and our owners, successors, affiliates, technicians and their officers, directors, managers, 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 under this Agreement 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.
21. YOU AND WE AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
- 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 our officers, directors, managers, employees, agents, affiliates, insurers, technicians, owners, successors or assigns. In addition, this arbitration agreement covers any claims or causes of action against us or any and all HomeServe group affiliates (collectively, 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.
- 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 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.
- 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.
- 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 AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver also applies to claims asserted against any of our officers, directors, managers, employees, agents, affiliates, insurers, technicians, owners, successors or assigns.
22. Should any of these terms and conditions conflict with the laws of your state they shall be considered amended to comply with those laws.
HVAC ROC #289250, Plumbing ROC #337185
You have the right to file a complaint with the ROC at (602) 542-1525 or at www.roc.az.gov.