5 YEAR LABOR WARRANTY

Definitions: “We”, “Us”, and “Our” shall mean the Service Agreement Provider. “You” or “Your” shall mean the consumer, purchaser of the equipment, or client covered by this Service Agreement. “Service Agreement” or “Agreement” shall mean this document, together with Your original purchase receipt.

Service Agreement Provider: The Service Agreement Provider under this Service Agreement

is Luxury Comfort Solutions, located at 1800 Windhoek Drive, Lincoln, NE, 68512.

For claims or information about this Agreement, please call 402-610-1106.

There is no deductible under this Service Agreement.

TERMS AND CONDITIONS

Maintenance and Membership Requirements: You must maintain the equipment in accordance with the service requirements set forth by the manufacturer to keep this Agreement in force.  To be eligible for this Service Agreement, you must sign up for Our Membership Program to ensure proper maintenance.  Failure to maintain the equipment per the manufacturer’s instructions may result in denial of coverage under this Agreement.

Claim Submission: Upon inspection and diagnosis, if it is determined that this Agreement covers the failure, We will repair the failure in accordance with the Agreement’s guidelines and submit the claim, along with proper documentation. You must sign all service invoices upon completion of the repair.

Hours of Service: Repair service and service calls will be made during regular business hours, Monday through Friday, 8:00 am to 5:00 pm. This Agreement does not cover overtime or holiday rates, but they are available upon request by You.

Terms: This Service Agreement shall commence upon the date of install. The product manufacturer has primary responsibility for the replacement or repair of the covered product during the manufacturer’s warranty period. Claims will not be accepted before the standard waiting period expires. Please refer to the first page for the date indicated as “Warranty Coverage Begins”.

What is Covered: This Agreement provides for the repair of the covered equipment as described, subject to the terms and conditions below. This Agreement does not cover repair of the equipment for any cause or provide coverage for any losses outlined in the section entitled “What is Not Covered”.

1. Repair Protection: This Agreement provides for the repair of the covered equipment to its standard operating condition, provided the equipment, during normal usage, fails to perform its intended functions due to normal wear and tear, mechanical or electrical failure, or a defect in either materials or workmanship. Parts used to repair the covered equipment may be new, used, refurbished, or non-original manufacturer’s parts that perform to factory specifications of the product.
2. No Lemon Guarantee: This Agreement provides that following the expiration of the manufacturer’s warranty term and after three service repairs have been completed for the same problem on an individual product that requires a fourth repair, as determined by Us.  We reserve the right to replace the product with one of like kind and quality, not to exceed the original purchase price of the product. This clause will be exercised at Our sole discretion.
3. Condensing Unit(s): All internally installed parts supplied by the manufacturer.  Evaporator coils, condenser coils, and metering devices are covered against leaks as received from the manufacturer. This warranty will not pay for a changeover from CFC to non-CFC refrigerant or oil changes on commercial compressors.
4. Evaporator Coil: A new evaporator coil is covered when sold as a part of a complete system.
5. Compressor: All internal functioning parts supplied by the manufacturer.
6. Electric Furnaces and Air Handlers: All internal functioning parts, including heat modules and controls, supplied by the manufacturer.
7. Gas Furnace: All internal functioning parts supplied by the manufacturer. Excludes any repair due to calcium build-up.
8. Heat Pump: Coverage applies to internal parts as installed by the original manufacturer, excludes exterior components (i.e., drain lines, disconnect breakers, external pumps) or any failure, leakage, or design problem associated with closed-loop application or open discharge piping.
9. Refrigerant Leaks: Resulting from internal unit leaks. The leak is permanently repaired, and/or a compressor or coil is replaced. This covers the repair of the leak, the labor to replace the refrigerant, and up to one pound of refrigerant and is covered only when a leak has been detected.  This also applies to glycol with geothermal systems.

Conditions and Limitations:

1. Only the approved equipment listed on the Labor Warranty Certificate is covered.
2. This Agreement is automatically cancelled if equipment is moved from the address shown on the Labor Warranty Certificate without the prior written consent from Us.
3. We will not be responsible for any loss, damages, or injury resulting from a delay in rendering repairs under this Agreement, and in no event will we be liable for incidental or consequential damages of any nature.

Limit of Liability:

1. Our maximum liability for any one claim shall in no case exceed Our costs associated with the replacement of the equipment under certificate with a comparable unit and any reasonable labor cost incurred to replace the defective system.
2. If We repair or replace the equipment with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this warranty.
3. Should we terminate this agreement for failure of the Owner to meet the terms of this agreement or, at Our sole discretion, the request of the Owner to terminate, then the return of certificate price shall be Owner’s sole and exclusive remedy.

What is Not Covered:

1. ROUTINE MAINTENANCE AND/OR ANY REPAIR MADE NECESSARY DUE TO ROUTINE MAINTENANCE NOT BEING PERFORMED.
2. Repair or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer’s specifications and owner’s manual. Repairs required to correct failures or malfunctions that are not caused by manufacturing defects.  This includes, but is not limited to:

1. Damage or malfunction resulting from fire, general environmental conditions, acts of nature, and exposure to natural disasters (such as tornadoes, floods, earthquakes), theft, vandalism, riot, animal or insect infestation, or any other peril originating from outside the equipment.
2. Improper electrical or power supply, incorrect wiring, or the improper selection, installation, or application of the equipment, including but not limited to the exclusions contained in the equipment warranty.
3. Consequential damage caused by misuse, abuse, operator negligence, failure to follow the manufacturer’s specified maintenance procedures, improper equipment modifications, dust, corrosion, defective batteries, or battery leakage.
4. Service due to improper storage, improper ventilation, reconfiguration of equipment, use, or improper movement of the equipment, including the failure to place the equipment in an area that complies with the manufacturer’s published space or environmental requirements.

1. Any and all pre-existing conditions that occur before the effective date of this Agreement.
2. Equipment sold without a manufacturer’s warranty.
3. Refurbished products.
4. Appearance features, aesthetics, paint and cabinet parts, knobs and buttons, periodic cleaning, and customer education.
5. Cosmetic damage to case, cabinetry, or other non-operating parts or components, including corrosion or oxidation.
6. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment to be used.
7. Any and all cases in which the manufacturer of the equipment would not honor any warranty regarding the equipment.
8. Failure to use reasonable means to protect equipment from further damage after a failure occurs.
9. Equipment with removed or altered serial numbers.
10. Service recommended (for convenience) by a repair facility not necessitated by mechanical or electrical breakdown, even when components are operating outside the manufacturer’s specifications, but still providing proper heating and cooling.
11. SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE EQUIPMENT OR REPAIRS MADE BY ANYONE OTHER THAN LUXURY COMFORT SOLUTIONS OR THE USE OF SUPPLIES RECOMMENDED BY THE MANUFACTURER.
12. Charges related to “No problem found” diagnosis or performed without mechanical breakdown, including but not limited to noises, squeaks, unbalanced motors, faulty fittings, resetting switches, etc., for Intermittent issues.
13. Clogged drain lines, electrodes, nozzles, or gaskets are considered maintenance items and are not covered under warranty.
14. Exterior disconnect box and high-voltage wiring.
15. Thermostat calibration and/or software updates, incorrect wiring, and dead batteries.
16. Filters, ductwork, vents, external fuses, external line sets, belts, connectors, piping, and high- or low-voltage lines external to the equipment.
17. Shipping, handling, and refrigerant/glycol disposal fees are not covered and are the responsibility of the Owner.
18. Dirty Sock Syndrome or odors.
19. Automatic transfer switches above 400 amps and/or 3-phase are excluded from coverage.
20. Failures caused by contaminated fuels, oils, coolants, or inadequate fluid levels.
21. Batteries, fuses, belts, spark plugs, and all engine fluids.
22. Field-installed accessories, including but not limited to float switches, secondary drain pans, baffles, drip eliminators, start kits, surge protectors, condensate pumps, and wireless accessories.
23. Refrigerant, after the first pound, used during diagnostic tests, leak checks, coil replacement, or for temporary cooling or heating.
24. Repairs to modify the listed equipment to comply with changes in Federal, State, or Local codes or regulations.
25. Premium labor fees are charged for repairs required outside of normal business hours.
26. Any expenses, including labor charges, incurred in gaining access to the equipment or its controls, and the minimum charge for any scheduled service call that cannot be completed due to inability to gain access to the equipment or its controls.
27. Any equipment to the extent it is still covered by the manufacturer’s warranty, insurance, or another service agreement.
28. Work not performed by Us.

Owner’s Responsibility:

1. All service and repairs not covered by this Agreement.
2. TO PERFORM ALL ROUTINE MAINTENANCE AND SPECIAL MAINTENANCE AS LISTED IN THE OWNER’S MANUAL. ROUTINE MAINTENANCE INCLUDES CLEANING OF THE CONDENSATE DRAIN, THE CONDENSER, THE OPERATOR COIL, AND THE CLEANING AND REPLACEMENT OF AIR FILTERS.
3. To sign up for a Membership Program.
4. To check and replace fuses, batteries, and filters, or reset circuit breakers.
5. To operate the equipment in accordance with the manufacturer’s instructions.
6. Provide Us free access to the equipment, its controls, and the property’s electrical panel.
7. To remove any stock, fixtures, or partitions needed to facilitate Our work.

Should You fail to meet any of the above responsibilities, then Luxury Comfort Solutions shall have the right to void the agreement.

Cancellation: We may only cancel this Agreement for the following reasons: nonpayment of the Agreement price, fraud or material misrepresentation. If We cancel this Agreement, We will provide You with written notice of cancellation listing the reason for such cancellation not later than fifteen days before the effective date of termination, and will refund Your payment in full, less any claims paid or pending. In the Event of the Sale of the Property: This Service Agreement can be transferred to the subsequent property owner. Requests for the Agreement to be reassigned should be made by contacting Us within 90 days of closing. The new Owner must include the certificate number and the new Owner’s name and address at the time of request. Additional documentation may be required upon request for completion of the transfer. All Terms and Conditions will apply to the new owner at the time of transfer.

Insured Agreement: This is not an insurance policy. The solvency of Luxury Comfort Solutions financially backs this agreement. 

Entire Contract: This Service Agreement, together with Your Purchase Receipt, sets forth the whole contract between the parties, and no representation, promise, or condition not contained herein shall modify it.