Terms of Service
Terms of Service
1. These Terms of Service apply to the Cool Club Maintenance Agreement (“Agreement”) between you, the customer (“You” or “Your”), with Crawford Services, Inc. (“Crawford” or “We/Us”).
2. What You will pay for this Agreement (“Fee”) and how You pay Crawford is specified on your invoice.
3. This Agreement begins on the listed Start Date and lasts for 12 months (“Term”) unless you cancel or fail to pay the Fee. Your Agreement will renew at the end of every Term for another 12 months upon receipt of payment of the then-current renewal price.
4. You can call Crawford’s 24-hour contractor hotline at Fort Worth: 1-817-921-0229 or Dallas: 214-271-8800 to schedule an appointment for a technician to come to the noted address for repairs. You will pay a discounted diagnostic work service call fee of $89.95, with no surcharges for holiday/weekend/after-hours (versus $129.95 on weekdays for customers with no Agreement, with applicable holiday/weekend/after-hours surcharges). You will receive a 20% discount on any repair work performed. The repair discount does not apply to the replacement of major system components or an entire system replacement. We may change the service call fees at renewal.
5. This Agreement includes 2 tune-ups (“Tune-Ups”) per Term for Your complete HVAC system (furnace, coil, condenser, air Handler, thermostat, heat pump). A Tune-Up includes the following 20-point procedure: clean condenser coil; monitor refrigerant pressure; visually Inspect evaporator coil to determine signs of excesses dirt or visible leaks (removal and cleaning of evaporator coil is an extra charge and will be quoted at time of service); monitor condensate drains for proper rate of flow (cleaning condensate lines is an extra charge and will be quoted at time of service) CRAWFORD IS NOT RESPONSIBLE FOR ANY DAMAGE INTERIOR OR EXTERIOR OF THE PROPERTY OR FURNISHINGS CAUSED BY CONDENSATE LINE BACK UP OR BY HIGH PRESSURE BLOCKAGE CLEARING THAT MAY RESULT IN CONDENSATE LINE DETERIORATION OR COMPROMISE OF THE CONDENSATE LINE; test starting capabilities; oil fan motors where applicable; adjust and clean blower components; monitor voltage & amperage; tighten electrical connections; lubricate moving parts where applicable; measure temperature split differential from return and supply air diffusers; calibrate thermostat; test and adjust safety controls; perform; safety test on heat exchanger; monitor flue draft; monitor gas pressure and adjust gas; valves as necessary; clean and adjust burner/ pilot assembly; clean ignition assembly; monitor fan and safety limit controls. We will also monitor and visually inspect the air distribution system including duct work, plenums, grilles and drain pans. Any repairs to these items will be separately quoted items at time of service.
6. Your HVAC system must be performing its fundamental operation(s) in normal service for all points of the Tune-Up to be provided.
7. This Agreement covers only the items listed above in sections 4 and 5 and does not cover the material and labor for restoring duct work and air distribution items such as plenums, ducts and grilles, and flue pipe, or electric work , zone dampers or zone controls, or any work required because of negligence, misuse of equipment, or because of fire, flood, acts of God, shortage of electrical water supply, sabotage or damage caused by freezing. These items will be separately quoted services if required.
8. You may cancel at any time by contacting Crawford at Fort Worth: 1-817-921-0229 or Dallas: 214-271-8800 or email@example.com. If You cancel You will be given a pro-rata refund of the annual Fee paid, minus any Tune-Ups provided. You must be current with your annual Fee to use this Agreement or request a Tune-Up.
10. Crawford may assign this Agreement, in whole or in part, at any time without prior notice to You. Crawford may change this Agreement (including the Fee or to charge an additional fee) and delegate any of its obligations at its sole discretion and without Your consent provided Crawford gives You 30 days’ prior written notice of the changes. The changes will become effective 30 days after Crawford sends You the notice. If You do not like the changes, You may cancel this Agreement.
11. To the fullest extent permitted by applicable law, (1) You agree that Crawford and its parents, successors, affiliates, technicians and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of Crawford 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 Crawford or on behalf of Crawford 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 Crawford or on behalf of Crawford or services provided under this Agreement, regardless of whether such damages were foreseeable and whether or not Crawford or anyone acting on behalf of Crawford have been advised of the possibility of such 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.
12. YOU AND CRAWFORD AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
A. 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 CRAWFORD, 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 Crawford 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 Crawford. In addition, this arbitration agreement covers any claims or causes of action against Crawford 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.
B. 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.
C. 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.
D. Crawford will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges You for arbitration of the dispute.
E. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.
F. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND CRAWFORD 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 Crawford.