Terms and Conditions
Parties. “Constellation” means Constellation Home Products & Services, LLC dba Constellation and “Customer” means the customer named on the first page of this Contract.
Coverage. As applicable and noted on the Contract cover page, this Contract provides the following coverage:
- Preventive Maintenance for Commercial Heating and Cooling Systems: (a) 10% discount on parts and labor for heating, air conditioning, plumbing, and electrical repairs as specified in this Contract and (b) an annual inspection(s) of said equipment as outlined in Service Plan Summary of this Contract.
- Preventive Maintenance Plus Labor for Commercial Heating and Cooling Systems: (a) 10% discount on parts and no labor charges for heating and cooling repairs as specified in this Contract and (b) 10% discount on parts and labor for plumbing and electrical repairs as specified in this Contract and (c) an annual inspection(s) of said equipment outlined in Service Plan Summary of this Contract.
Constellation reserves the right, at its election, to inspect the equipment to determine its condition before accepting this Contract. Constellation shall provide services in accordance with this Contract, consisting of the brochure and all attachments and exhibits, and these Preventive Maintenance Program Terms and Conditions, which together constitute the entire agreement between the parties and supersede and replace any and all prior communications, agreements, arrangements, or understandings, whether oral or in writing, between the parties. This Contract shall become valid after acceptance by Customer and approval by Constellation. Constellation expressly rejects any additional or inconsistent terms and conditions contained in any proposals, purchase orders, or other documents supplied by Customer.
Service Calls. All non-emergency service calls will be performed during Constellation’s regular working hours (8:00 am to 5:00 pm Monday through Friday). Service calls will be made under this Contract within our service territory only. The ability of Constellation to provide emergency service within 24 hours is contingent upon weather conditions, customer call volume, road conditions and no force majeure events beyond our control including but not limited to flood, fire, strike, acts of God, etc. In the event we determine, at our sole discretion, that there is an emergency situation requiring expedited service, we will make reasonable efforts to expedite service. We will determine, at our sole discretion, which repairs constitute an emergency and will give consideration to covered malfunctions that affect the habitability of the dwelling. At our sole discretion, Constellation reserves the right to charge a minimum fee equivalent to 3 hours of our hourly service rate for each non-emergency service call performed outside of our regular working hours. In order to obtain service under this Contract, please call 1-877-427-2003.
Maintenance Checks. Constellation will perform preventive maintenance / inspection checks to maintain the covered equipment as outlined in Service Plan Summary. Maintenance checks (inspections) are scheduled at customer’s request by calling 1-877-427-2003. Inspection schedules are as follows: Heating: (1) one check per year; Cooling: (1) check per year; and Heating/Cooling: (2) two or (4) four checks per year, as specified in this Contract.
Exclusions. It is understood that this Contract does not include any labor deemed necessary to install any equipment; to perform alterations to the covered equipment, or any system as may be required by insurance companies, governmental agencies or other authorities. Customer agrees to pay for services and required equipment requested that are not covered by this Contract, which shall be invoiced at the Constellation prevailing labor and part rates. Constellation shall have no responsibility or liability under this Contract if the equipment is moved from the location indicated on this Contract, to adjust or repair parts or replace parts if parts are no longer available, if any representation made by Customer relating to the covered equipment is false, or if Customer fails to perform its obligations hereunder or is otherwise in default hereunder.
Governing Law. This Contract shall be governed by the laws of the State of Maryland without respect to its conflicts of law provisions. The parties irrevocably consent to venue and jurisdiction in the courts located in Maryland and irrevocably waive any right to a trial by jury. The statute of limitations for any claim arising from this Contract shall be one (1) year.
Hazardous Substances. This Contract shall not include any mold or mildew evaluation, remediation or other related services. Constellation shall not be required to identify, detect, encapsulate, or remove asbestos or products or materials containing asbestos, or any other hazardous substances or materials designated in environmental laws, -regulations or permits for special handling, storage or disposal including but not limited to mold and mildew (collectively, a “Hazard”). Customer has sole responsibility and liability for the proper identification, removal, disposal or correction of any Hazard at the job location, which affects Constellation’s performance under this Contract. If, during the course of performing services, Constellation, becomes aware of any Hazard, Constellation shall use reasonable efforts to report such matters to the Customer before disturbing (or further disturbing) the Hazard. Work in the affected areas shall be resumed by Constellation only upon the written direction of the Customer once the Hazard has been removed or corrected, and then only if such continuation of work does not violate any applicable law, regulation or permit. Customer shall indemnify, defend and hold harmless Constellation and its contractors and subcontractors to the fullest extent permitted by law with respect to any liability, cost or expense of whatever nature incurred as a result of any Hazard on or relating to Customer’s premises.
Limitation of Liability. Constellation shall not be liable for repairs, replacements, alterations, additions, or adjustments performed by others, or any defects or damages caused by negligence, abuse, misuse, improper operation, vandalism, accident, unauthorized alteration, obsolescence, corrosion or erosion, building system design, flooding, lightning, low water pressure, or failure of Customer, its employees, agents, or contractors to properly operate or maintain the equipment or system. The sole and exclusive remedy against Constellation, its agents or employees for any liabilities or damages arising from Constellation’s services or work shall not exceed the lesser of: (i) the actual damages incurred to your equipment, (ii) the replacement value of the equipment provided hereunder, or (iii) three (3) times the amount of money paid to Constellation under this Contract during the last twelve months. In no event shall Constellation have any liability for any indirect, punitive, consequential, special, incidental, or exemplary damages.
Force Majeure. Constellation shall not be liable for any damage caused by events beyond Constellation’s control, including but not limited to acts of God, freezing weather, lack of water, insufficient power or fuel, electrolytic action, vibration, corrosion, flood, fire, riots, civil commotion, hail, lightning, or abnormal condition.
Warranty. Constellation will provide services in a workmanlike manner, and parts that are free from material defects. If notified of any such valid defect in writing by Customer within twelve (12) months from the performance of said service or delivery of said material, Constellation will reperform or replace any such defective services or parts. Defects shall explicitly exclude, among other things, natural wear, tear, neglect, misuse, vandalism, and electrical faults such as brown outs and phase loss. Constellation Any warranties provided by third parties with respect to any equipment or parts installed by Constellation will, to the extent they are transferable, be transferred by Constellation to Customer. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, Constellation MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, CONCERNING THE SERVICES, PARTS OR EQUIPMENT, AND EXPRESSLY DISCLAIMS ANY WARRANTY IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM OR USAGE.
Assignment. Customer may not assign this Contract without Constellation’s prior written consent. The Contract may be assigned by Constellation without notice to Customer to any other party including but not limited to another creditor. Upon Constellation’s assignment, the assignee will have all of Constellation’s rights and privileges under this Contract with respect to the unpaid balance assigned.
Billing Questions. The parties agree to attempt in good faith to initially resolve any disputes hereunder expeditiously through informal dispute settlement procedures, if appropriate, including negotiations between senior management of the Parties. Both Parties agree that any claim or suit arising from the performance or nonperformance of this Contract, excluding Customer’s non-payment, whether such liability arises in contract, tort, negligence, breach of warranty, strict liability or otherwise, shall be brought within one (1) year from the date such claim arose. If suit is brought by Constellation for the recovery of any payment due hereunder, or for the breach of any provision of this Contract, Customer agrees to pay Constellation for all of its costs in connection with such suit, including but not limited to reasonable attorneys’ fees. Customer and Constellation waive the right to trial by jury of any issues arising in any actions or proceedings between the parties involving this Contract. If you have any questions regarding this Contract, call 1-877-427-2003 between 9:00 am and 5:00 pm, Monday thru Friday.
Indemnification. Customer agrees to indemnify, defend, and hold harmless Constellation from and against any and all claims arising out of or related to the use of any parts or equipment, instructions by Customer to Constellation, other acts or omissions of Customer hereunder, or this Contract generally.
Cancellation. The customer may cancel this agreement at any time after the contract term expires. All cancellations must be in writing and send via US Mail to Constellation Home Products & Services, LLC, dba Constellation, Attn: Commercial Cancellations, 1409A Tangier Drive, Baltimore, MD 21220. Cancellations by any other method will not be accepted. The customer will be responsible for all charges and services up to the date of cancellation as determined by the postage stamp on the customer envelope.
Timing of Inspections. During peak season (June through September) the customer may experience a delay in the timing of their inspection. Constellation reserves the right to delay regular inspections in order to respond to emergency service calls. Delayed inspections during this season are not to be considered a breach of contract.
Maintenance Plan Annual Coverage is for an Initial Term of 12 months and will continue thereafter for a period of 12 months until canceled. This Contract is designed to be renewed automatically at the end of the initial period of service and again at the end of each Contract period. If you chose our automatic renewal feature, you will receive a notice from Constellation prior to the renewal date, to remind you of your option to cancel the Contract at that time. This notice will inform you of any changes in either policy or price. If you chose our manual renewal feature, you will receive a notice from Constellation prior to the renewal date, to remind you of your option to renew the Contract at that time.
My signature indicates that I have read, understand and agree to this Contract in its entirety, which consists of the TERMS AND CONDITIONS provided, and acknowledge receipt of a fully completed copy via email. I acknowledge that all equipment/systems are in good working condition at the time of this sale.
I confirm that I am the business decision maker.
1. Service/Equipment Coverage: This residential service contract (the “Contract”) will cover the adjustment or repair of the covered appliance(s), equipment, system, or water/sewer line; or the replacement of any covered functional part, or water/sewer line, that fails through normal use as indicated on the front page of this Contract. The brochure provided at the point of sale is a part of this Contract. The brochure explains which parts are not covered and the circumstances under which the parts will or will not be repaired or replaced. If coverage is for a preventive maintenance and/or inspection only plan, no labor or parts coverage will be provided under this agreement. Contract applies to a single customer-owned residential property per agreement identified on the cover page of this Contract. Well pump, water line and sewer line coverage are for dwellings up to 4,500 square feet. Contract covers only one of each appliance, system or primary line per Contract. Equipment must be in good working condition and meet code requirements at the time service begins.
Constellation reserves the right to inspect and approve any equipment or system before issuing a service plan. We will waive this inspection if the equipment is currently under manufacturer’s warranty or if this plan is a continuation of an existing plan issued by Constellation. This initial inspection will be performed at our regular schedule of charges, which we shall disclose prior to such inspection.
2. Service Call: To schedule service under this Contract, call 1-888-243-4663. All non-emergency service calls will be performed during Constellation’s regular working hours (7:30 am to 5:00 pm Monday through Saturday). Service calls will be made under this Contract within our service territory only. Customer shall provide Constellation with safe access to and safe working conditions at and around covered equipment and/or system. The ability of Constellation to provide emergency service within 24 hours is contingent upon weather conditions, customer call volume, road conditions and no force majeure events beyond our control including, but not limited to, flood, fire, strike, acts of God, etc. In the event we determine, at our sole discretion, that there is an emergency situation requiring expedited service, we will make reasonable efforts to expedite service. We will determine, at our sole discretion, which repairs constitute an emergency and will give consideration to covered malfunctions that affect the habitability of the dwelling. Constellation reserves the right to charge a $75 fee for each non-emergency service call performed outside of its regular working hours. If an additional service technician must be called for assistance on a service call, the customer may be charged for the additional labor.
3. Term: Coverage begins on the Start Date stated at enrollment or upon inspection by a Constellation technician. If you are a monthly invoiced customer, you will be billed monthly for the Initial Term (as defined on the cover page) and will continue in perpetuity thereafter on a month-to-month basis until terminated by either party. During that renewal period, each monthly period will be treated as a separate contract period. Monthly customers will be billed monthly until canceled in the manner described herein. If you are an annually invoiced customer, you will be invoiced annually for the Initial Term and, unless you have opted out of automatic renewals as indicated on the cover page of this Contract, the Contract will renew for additional one-year terms until either party notifies the other of a cancellation. Constellation will send you a notice of renewal at least 30 days before your paid coverage begins, and before the end of each subsequent one-year term. The renewal notice will include any changes to the Contract terms, conditions, or price. Your Contract will automatically renew unless you notify us at least 10 days before the end of each renewal term that you are canceling or Constellation notifies you that it is not renewing your Contract. If you have opted out of automatic renewal on the cover page, you will receive a renewal notice, but your Contract will expire unless you send in your agreement to renew your coverage at least 10 days before the end of each one-year term.
4. Cancellation: You may cancel this Contract at any time with written notification to Constellation, or by contacting Customer Care during normal business hours. If you cancel this Contract within thirty (30) days of the date issued and service has not been rendered, we will refund all amounts paid. If you cancel after the first 30 days during the Initial Term of the Contract and no service has been rendered, Constellation is entitled to payment for the full year value of the Contract. If you cancel during the Initial Term and service has been rendered, or if you are a customer that is invoiced annually and you cancel during a renewal term and service has been rendered, then Constellation is entitled to keep the lesser of either: its cost of any service already performed or the full year’s value of the Initial Term or renewal term, as applicable. If cancellation occurs after the Initial Term and no service has been provided, refunds will be prorated based on the number of full months remaining under the renewal term of the Contract. Constellation may cancel this Contract prior to the end of the Initial Term for fraud, material misrepresentation, or non-payment by you; or if required to do so by any regulatory authority. Constellation reserves the right to cancel coverage, change terms and conditions and/or pricing with 30 days notice to you in accordance with applicable law. Constellation is not obligated to renew this Contract at any time.
5. Coverage Limitations: Service coverage will be limited to those service plans you have elected on the cover page of this Contract.
General Limitations: This Contract does not cover cabinet parts, decorative trim, accessories, catalytic surfaces, finish discoloration, touch up, and any associated masonry work or drywall work, repair or replacement of parts involving friable asbestos, and attic units without appropriate flooring. Normal routine maintenance, such as oiling, inspections/tune-ups (except where otherwise specified), seasonal turn-ons/turn-offs and cleaning of filters, ducts and chimneys (excluding base) are not included and not provided. Service and parts must be provided by Constellation. Certain brand restrictions apply.
If the equipment or system component is covered under this contract but is not repairable due to its general condition, or if repair or replacement of parts would not render the equipment or system serviceable or usable for a reasonable period, or due to the inability of the manufacturer to provide suitable parts, Constellation shall have no liability other than to return the monies paid according to the cancellation policy. Replacement parts may not be available for products greater than ten years old. Constellation reserves the right to restrict specific ages and makes of equipment from eligibility due to non-availability of parts, and the choice of parts to be used shall be at the discretion of Constellation. Constellation will put forth its best effort to provide replacement parts, components or systems of similar mechanical capabilities and/or efficiency of the original (where available). However, Constellation is not liable to provide exact match in color, type or brand. Constellation is under no obligation to upgrade or make modifications to the original system, components or items covered by this Contract.
Service made necessary as a result of fire, theft, flood, acts of God, accidental damage, abuse, neglect, vandalism, unauthorized alterations or any other abnormal conditions are not covered. Constellation shall not be liable for any consequential or other damages resulting from the failure of any component, system, item or appliance due to conditions beyond Constellation’s control such as, but not limited to, unavailability of materials and/or labor. Systems with pre-existing conditions, faulty design or installation will not be covered.
This agreement shall not include any mold or mildew evaluation, remediation, mold prevention or other related services. Constellation shall not be required to identify, detect, encapsulate, or remove asbestos or products or materials containing asbestos or any other potentially hazardous substances or materials, including but not limited to mold and mildew (collectively “Hazard”). Customer has sole responsibility and liability for the proper identification, removal, disposal or correction of any Hazard at the job location. Customer also has the sole responsibility to remediate any mold-related problems regardless of when and how such problems may accrue. Customer shall indemnify, defend and hold harmless Constellation and its affiliates, contractors and subcontractors to the fullest extent permitted by law with respect to any claims, liability, cost or expense (including but not limited to attorneys’ fees) of whatever nature incurred as a result of any Hazard on or relating to Customer’s premises.
6. Limit of Liability: IN NO EVENT SHALL Constellation, OR ITS OFFICERS, AGENTS OR AFFILIATES, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY; OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT OR IN TORT, OR NEGLIGENCE FOR INJURY TO PERSON OR PROPERTY RESULTING FROM ANY ACTIONS UNDERTAKEN PURSUANT TO THIS CONTRACT; OR THE FAILURE OF THE EQUIPMENT OR ANY PARTS OF THE EQUIPMENT. The sole and exclusive remedy against Constellation or its agents, employees, officers or affiliates for any damages arising from Constellation services, equipment or work shall be limited to repair or replacement of Constellation installed or serviced equipment and shall not exceed the lesser of (a) the actual damages incurred to your equipment, (b) the replacement value of the equipment provided hereunder, or (c) three times the amount of money actually paid to Constellation under this agreement. In no event shall Constellation have any liability for any damages relating to alleged mold remediation, leakage/spillage of fuels (propane or natural gas) from a storage tank, fuel pipe or any part of the system and/or equipment, or any consequential, special, incidental damages or exemplary damages. Constellation shall not be required to provide repairs exceeding a cost to Constellation of $2,000 per Contract year, unless a water line plan (up to $3,000 per Contract year) or sewer line plan (up to $4,000 per Contract year).
7. Payment Obligation/Prepayment/Late Payments: Customer agrees to pay each of the payments indicated in this Contract when billed. For billing inquiries, call 1-888-243-4663 between 9 a.m. and 4:30 p.m.
8. Permission for Electronic Withdrawal: By sending us a check payment on your Account, you authorize us to make a one-time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call Customer Service.
9. AutoPay/Choice ID Terms and Conditions: Based on customer election, customer agrees to be billed and make payments to Constellation for all service contracts. Customer authorizes Constellation to debit customer checking account, to charge customer credit card or to bill customer directly on their utility bill as may be allowed by applicable law according to payment terms.
10. Default; Default Remedies: You shall be in default if, (a) you fail to make any payment due under this Contract when billed for same, or (b) you fail to pay any of your debts as they become due, or (c) a petition either under the Federal bankruptcy laws or any local law providing similar relief is filed by or against you. We may suspend service under this Contract until any amount due under this Contract is fully paid.
11. Authorization: By signing this Contract, you authorize us to share your customer information with our affiliates. You may notify us in writing if you wish to rescind this authorization.
12. Costs and Attorney’s Fees After Default: You agree to pay all court costs and other collection costs (including field collection costs and attorney fees) actually incurred relating to your default.
13. Miscellaneous: This Contract supersedes all prior proposals, understandings, negotiations, and all other agreements and discussions, oral or written, between the parties relating to the subject matter of this Contract. The Contract Terms and Conditions, and Brochure constitute the entire agreement between the parties and may be modified only by an agreement in writing signed by each party. Any provision of this Contract which may be contrary to law shall not invalidate any of its other provisions. All rights and remedies hereunder are cumulative and not alternative. We may waive or delay enforcing any of our rights without losing them.
14. Assignment: You may not assign or transfer this Contract without our written consent. We may assign the Contract to any other party including but not limited to another creditor. If we do this, the assignee will have our rights and privileges under this Contract with respect to the unpaid balance assigned.
15. Governing Law: The Contract is governed by MARYLAND law without respect to any conflicts of law provisions. The parties irrevocably consent to venue and jurisdiction in Baltimore, Maryland and agree to waive any right to a trial by jury.
16. Warranty: Constellation MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY WARRANTY IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM OR USAGE.
MD16-SS Rev. 11/16
