Complete Comfort Club TERMS & CONDITIONS

The following are the terms and conditions for use of the Brown Heating and Cooling Complete Comfort Club Membership. Please read them carefully before joining the Club. By joining the Club, each party agrees to be bound by these Terms and Conditions, including signed proposals, all payment terms, policies, practices, rules, standards and guidelines provided to Customer in writing (and/or available at www.brownheatingandcooling.com) related to the Club (collectively, the “Membership”).

  1. Prior to joining the Club, Brown will inspect your HVAC equipment.
    • Any repairs deemed necessary must be completed prior to joining the Club.
    • Should Membership be purchased and paid for at the time of repairs, the 15% discount will be applied to the cost of repairs and the diagnostic fee will still apply.
    • All other benefits of the Club go into effect 30 days after the membership is purchased.
    • Brown reserves the right to reject any Membership, if, upon inspection by our technician, equipment is found to be in poor operating condition.
  2. Brown will perform semiannual maintenance inspections for each piece of covered equipment for each commitment term during normal operating hours that are posted on the contact us page of Brown’s website.
  3. As a Club Member, you, as the property owner of the covered location, agree to:
    • Operate covered equipment according to the manufacturer’s and our technicians’ recommendations.
    • Promptly notify us of any unusual operating conditions of the equipment.
    • Permit only Brown’s technicians to perform maintenance or repairs on the equipment.
    • Provide and permit reasonable access to all covered equipment. Brown will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services. Customer will allow Brown to use power and water from the site as necessary to perform the services.
  4. The base price of this Membership is renewable annually.
    • The monthly fee for Membership is billed on a monthly basis and is non-refundable. All accounts are set up by credit card and will be collected monthly by a recurring payment.
    • The commitment period for Membership is 12 months and will automatically renew for a period of the same commitment length at the prevailing rates, features, terms and conditions unless the customer notifies Brown in writing of cancellation no less than 30 days prior to the end of the commitment period.
    • You may cancel your Membership before the commitment term is fulfilled by writing to us, stating that you would like to discontinue your coverage. Upon receipt of cancellation notice, your account will be reviewed and any services and/or discounts received under the terms of this Membership during the current commitment term will be charged to the credit card on file.  No additional monthly payments will be processed.
    • You authorize Brown to bill you through your credit card company in accordance with this Membership. You confirm you are the owner of the credit card or have permission of the owner to incur these charges.
    • You acknowledge and agree that Brown in its sole discretion, may suspend, discontinue or refuse any and all current and future access to or use of any portion of the services at any time without notice. You acknowledge and agree that Brown shall have no liability or responsibility to you for termination, and that no portion of your fees will be refunded.
    • Any changes, adjustments or repairs made by others, unless authorized or approved by Brown in writing, shall terminate Brown’s obligation.
    • Brown has no duty or obligation to perform under this Membership if Customer has any past due accounts. Should we either terminate this service agreement or refuse to perform under this service agreement in accordance with paragraph, we will not be required to refund any portion of the service agreement price paid by you or be liable for any loss or damage resulting from such action.
  5. The effective date of this Membership is the date of receipt of payment.
    • Membership is non-refundable, in whole or in part.
    • There will be no refunds or credits for partial service. Upgrades will be handled on a case by case basis. Customer agrees to submit any disputes regarding any charge to your account in writing to Brown within ten (10) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
    • If you cancel the service before the end of your membership term, no additional discount, benefits or other Membership features or benefits will be valid.
    • The ownership of this Membership is location-specific and transferable to a new owner within thirty (30) days of the change with Brown’s prior approval.
    • The rates for and in this Membership may be adjusted without prior notice.
    • No service will be rendered under this Membership if the customer has a past-due account with Brown.

 

Club Membership Services and Benefits Defined

  1. Semiannual Maintenance
  • Clean Burner Assembly
  • Clean Ignition Assembly
  • Clean and Inspect Furnace
  • Verify Flue Draft
  • Inspect Flue Pipe
  • Test Refrigerant Charge
  • Test Capacitors
  • Check Controls and Safeties
  • Replace or Clean Filter
  • Clean and Adjust Blower Assembly
  • Check Air Flow
  • Visually Inspect Ductwork that is easily accessible
  • Tighten Electrical Connections
  • Measure Voltage and Amperage
  • Clean Condenser Coil
  • Clean Evaporator Coil
  • Clean Condensate Drains
  • Change Thermostat Batteries

Actual services performed depend on the time of year and the type of HVAC system you have. Please ask your trusted HVAC professional for more details.

  1. Priority Service
    As a member, you will receive priority for repairs over non-members, generally resulting in same day service. During high-volume periods, please help us take care of you by allowing us to schedule your repairs according to need: repairs for safety issues, repairs for medical needs, especially during extremely high or low temperatures, and repairs for no heat or no cooling will take priority.
  2. Repair discount
    Repair services performed while this Membership is active are provided at a discounted rate of 15% off our retail repair with a maximum discount of $300.
  3. Breathe Easier discount
    HVAC accessories including indoor air quality products and duct cleaning are available at a 10% discount for club members.
  4. Diagnostic Fee
    Up to two diagnostic appointments may be used during a single commitment term. The fee for the first two diagnostic appointments depend on the membership level you choose. Additional visits will be charged at the regular diagnostic fee rate. Diagnostic service is limited to one piece of equipment per appointment.
  5. Double Referral Rewards
    Brown offers a Refer-A-Friend program and our Club Members earn Double Referral Rewards. To see the referral program, go to http://www.brownheatingandcooling.com/refer-a-friend/
  6. Transferable
    If you sell your home, you may transfer your club membership to the new homeowner upon written request to Brown within thirty (30) days of the sale of the home. The new homeowner will receive six (6) free months of club membership. The new homeowner will have the option to continue their membership or cancel. Requests made after thirty (30) days are subject to verification of equipment covered by one of our technicians, and any changes in plan costs or services included will be reflected on the new Membership.
    If you sell your home, you may transfer your existing member to your new house as long as the property is located within our service area.
  7. Request for maintenance records – Upon written request via email or mail, Brown will provide a digital copy of the records for the maintenance Brown has provided for the previous three years. Brown will make every attempt to forward the records to you within 30 days.
  8. Loyalty Bucks
    • Upon each consecutive renewal of the Premium Club Membership, you will earn $100 toward the purchase of a complete HVAC system, up to $1,000.
    • Upon each consecutive renewal of the Elite Club Membership, you will earn $200 toward the purchase of a complete HVAC system, up to $1,200.
    • Loyalty Bucks are not redeemable for cash upon termination or expiration of the Membership.
    • Loyalty Bucks may only be used for complete system replacement. A complete system is considered to be one heating unit and one cooling unit, purchased and installed as a single transaction.
    • Loyalty Bucks do not expire as long as you maintain your Premium or Elite Club membership, but they may not be transferred and cannot accrue retroactively.
  9. Complimentary Filter
    One standard fiberglass filter per maintenance for the equipment covered by this Membership is included in each commitment term. Additional charges may apply for specialty filters.
  10. Battery Replacement
    Once each commitment term, Brown will replace the batteries in all thermostats where covered equipment is located.  The service must be performed in conjunction with another covered service, such as a maintenance.
  11. No Breakdown Guarantee
    If the system breakdowns during the remainder of the season after the system receives a clean bill of health during our maintenance visit, we will apply 100% of your annual club fee for one unit to any repair Brown performs on the system. A system will receive a clean bill of health if the repairs, modifications and upgrades recommended by Brown are completed by Brown before the current failure.
  12. Free Tier One Repairs
    The Elite Club Membership level includes two (2) free tier one repairs per commitment period per system. All other repairs will be charged at the prevailing membership discounted rates.
    This Membership does not cover other repair costs.

 

Exclusions & Disclaimers

  1. Brown cannot cover or be held liable for the following under this or any of our Memberships:
    • Acts of nature.
    • Work performed or materials provided by individuals or companies other than Brown. Such instances will be cause to terminate the company’s obligation under this Membership.
    • Repairs to products beyond their useful life, for cosmetic purposes, or to parts no longer available.
    • Damage due to water leakage or refrigerant loss.
    • The services to be performed under this Membership are not a guarantee against obsolescence, normal wear, or malfunctioning due to misuse or negligence nor shall inspections be construed as an approval or guarantee of the condition of equipment.
    • Actual energy savings depends on each customer and property’s circumstances. The information provided is based on national, industry averages. No guarantee is made that you will experience the same savings.
    • An HVAC system is a man-made machine that has mechanical parts. Studies show regular maintenance extends the life of your system, reduces costly, emergency breakdowns and increases the safety features. Brown does not guarantee to extend the life of your system, eliminate costly, emergency breakdowns or safe operation.
    • Brown will repair and maintain equipment covered by this Membership. However, this is not an insurance policy. Brown is not an insurer and will not be held liable for any and all special or consequential property damages due to or related to equipment or failure of same, including water damage due to leaks from condensate lines, indoor coils, or water lines. Furthermore, Brown will not be held liable for a home not continuously occupied or damages that occur during an extended period of time in which a home is vacant. Upon acceptance of this Membership, the Customer warrants that all work areas are free of hazards (asbestos, insects, poison ivy, chemicals, mold, etc. …) and to clear or have cleared the property of any hazards or debris that would impede or prohibit an expeditious, professional installation or repair. In the event that a hazard is discovered during the course of work, all work shall cease until the Customer has taken proper abatement of the hazard at the Customer’s expense. Work will be performed unless postponed by strikes, accidents, extreme weather conditions or other delays uncontrollable by Brown.
  2. Membership does not insure equipment in any way nor does it imply any guarantee of performance of the equipment between maintenance service calls.
  3. In the unlikely event of failure to perform its obligations, Brown’s liability is limited to repair or replacement at it option, and such shall be Customer’s sole remedy. Under no circumstances will Brown be responsible for loss of use, loss of profits, increased operating or maintenance expense, claims of Customers tenants or clients, or any special, indirect or consequential damages.
  4. Brown will not be liable for delays or failure to obligate due to fire, flood, strike, lockout, freezing, unavailable materials, riots, acts of god, or any cause beyond reasonable control.
  5. Brown shall not be liable for the operation of 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 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 order or regulations established by any government, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control.
  6. Brown warrants that it is protected by; general liability insurance and workers’ compensation insurance policies. Certificates for all such policies of insurance will be provided to the customer upon written request. Customer agrees to carry fire, tornado, builder’s risk (w/full owner) and contractor coverage’s and other necessary insurance for the period.
  7. In the event of customer default, Brown will give ten days notice to cure. If customer remains in default, Brown may terminate this agreement and recover the balance due. Customer agrees to pay all expenses, damages and costs incurred, including attorney’s fees incurred by Brown in collecting the outstanding debt.
  8. If for any reason customer directs a cessation of the work on all, or in part, of the project, Brown shall be paid for its portion of work completed at the time of cancellation including all expenses incurred by Brown.
  9. Customer agrees to pay a monthly finance charge of 8% on all past due invoices until the invoice is paid in full. Customer agrees to pay Brown’s costs related to collecting unpaid amounts due, including without limitation an attorney, court costs and interest at the maximum legal rate.
  10. Customer will be deemed to have accepted Brown’s performance as complete under this Agreement unless Customer notified Brown in writing otherwise within thirty (30) days of substantial completion.
  11. If any dispute arises between the customer and Brown or its affiliates the customer agrees to give Brown a fair and reasonable opportunity to remedy the dispute at its discretion. Customer agrees not to negatively post comments, remarks or opinions about Brown or its employees on the internet or any other “social networking” sites.
  12. Customer assumes all risk of loss/damage to equipment once received on the jobsite after normal working hours.
  13. Brownshall not be liable for damage, loss, or delay resulting from fire, explosions, flooding, the elements, labor disputes, or any other cause beyond our control.
  14. All labor is to be performed during Brown’s normal working hours unless noted elsewhere in this proposal.
  15. Brownshall use ordinary care in performing all work, but shall not be liable for incidental or consequential damages nor shall we be liable for injuries to persons or damages to property except those directly caused by negligent acts of Brown or its employees.
  16. Any disputes arising under this Membership will be governed by the laws of the State of Alabama. The Customer agrees to pay attorneys’ fees as part of any judgment against him/her arising from the enforcement of this Membership or the invoice.
  17. If any statement or clause of this Membership is held unenforceable, it shall not negate any other clause or statement contained herein.
  18. Brown and its agents are not qualified mold, mildew, or fungus inspectors. Under this Membership, Brown and its agents expressly disclaim any duty to inspect or identify or report the presence or growth of any mold, mildew, fungus, or any combination thereof, on or around any equipment covered by this Membership.
  19. Brown and its agents will be held harmless for any damages, including special damages and consequential damages, caused by the presence or growth of mold, mildew, fungi, or any combination thereof that is due to or related to equipment or failure of equipment covered by this Membership.
  20. Neither party shall be deemed in default of this Membership to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party. This Membership constitutes the entire Membership between the parties regarding the use of the Services and the Membership, and supersedes all prior or contemporaneous Memberships, conditions, and understandings, whether oral or written, with respect to the Membership and the Services. If any provision (or part thereof) of this Membership is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Membership shall remain in full force and effect and bind the parties according to its terms.
  21. You agree to indemnify, hold harmless and defend Brown, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Brown or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Brown or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Membership, (ii) your use of the Service, or (iii) your unauthorized use of the Brown Services. In such a case, Brown will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Brown reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
  22. Brown has the right to change or modify any of the terms and conditions contained in this Membership or any policy governing the Service, at any time, by posting modified Terms and Conditions of the Membership to the Brown website located at www.brownheatingandcooling.com/club-terms or such other URL as Brown may provide. You are responsible for regularly reviewing the policy. No amendment to or modification of this Membership will be binding unless (i) in writing and signed by a duly authorized representative of Brown or (ii) you continue to use the Service after Brown has posted updates to the Membership or to any policy governing the Service.
  23. Each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Membership, and shall not disclose such Confidential Information to any third party without such other Party’s prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party. The term “Confidential Information” shall mean any information disclosed by one Party to the other Party in connection with this Membership which is disclosed in writing or orally and is identified as “Confidential” or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by Brown that relates to the Membership. Notwithstanding the foregoing, Confidential Information shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Membership or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by Membership of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of
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