PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PURCHASING AN OFFICEGUARDIAN WARRANTY, THE CUSTOMER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME, IN OUR SOLE DISCRETION. GUARDIAN WILL NOTIFY CUSTOMERS OF AMENDMENTS TO THESE TERMS AND CONDITIONS POSTING THEM TO OUR WEBSITE AT OFFICEWARRANTY.COM.
A. COVERAGE SUMMARY
1. In accordance with the terms, conditions and exclusions of this Contract (“Contract”), OfficeGuardian Commercial Office Warranties (“Guardian”) will repair or replace for the Contract Holder (“Customer”) selected covered items at their place of commercial business (“Service Location”) so long as they:
a. Are in good, safe working order and are correctly installed at the premises on the effective date of this Contract;
b. Become inoperative from normal wear and tear after the effective date of this Contract;
c. Are classified by the manufacturer as commercial (excluding kitchen appliances);
d. Are located within the perimeter of the office foundation;
e. Are not covered by a manufacturer, distributor, builder, extended warranty, or business insurance policy; and
f. Are reported during the term of this Contract.
2. This Contract covers individual freestanding or attached office suites that are less than 3,000 square feet. Offices equal to or greater than 3,000 square feet are covered if the applicable fee is paid and coverage is accepted by Guardian. This Contract covers owned or rented commercial property used for conducting business.
3. This Contract only covers systems and components that were installed on the premises as of the Contract effective date. To be covered by this Contract, systems or appliances that were installed after the effective date must be registered with Guardian and applicable fees paid. Used items installed after the effective date are not covered by this Contract unless they were purchased from a reputable retailer and accepted by Guardian. Reputable is defined as a licensed, bonded and insured service contractor in good standing with the state registrar of contractors, and state corporation commission.
4. Decisions to repair or replace systems or components will be at the sole discretion of Guardian. When replacement is required, Guardian is responsible for installing equipment comparable in features, capacity, and efficiency (except as noted under “Limits”). Guardian is not responsible for matching identical colors, brands, and dimensions, or any features that do not contribute to the primary use of the covered system or appliance.
5. Guardian reserves the right to offer cash instead of repair or replacement in the amount of Guardian’s wholesale cost (which is typically less than retail) to repair or replace any covered item. If Guardian makes the decision to provide the Customer cash instead of a repair or replacement, Guardian will make payment in 30 days or less from the time that decision is made. If Guardian provides cash instead of repair or replacement of a covered item, that item will not be covered for future repairs until the Customer has it correctly repaired or replaced by a professional service provider and delivers to Guardian any paid invoices showing that the repair or replacement was completed.
6. Coverage only includes the items listed in section F below as being covered and excludes all others. Coverage is subject to limitations, exclusions, and provisions specified in this contract.
7. Guardian offers a multiple contract discount of 10%, which applies to the lower cost contract if one full-priced contract is active. The discount does not apply to the cost of optional items or upgrades.
B. CUSTOMER’S OBLIGATIONS
1. Customer is responsible for normal upkeep and maintenance of covered equipment according to the manufacturer’s suggested maintenance guidelines as described in the system or appliance owner’s manual.
2. When a malfunction occurs, the Customer should turn the covered item off, protect it from further damage, and call Guardian. If the Customer fails to protect the covered item from further damage, any additional damage caused by lack of action is not covered.
3. The Customer is obligated to provide information relating to the timing, nature and cause of any malfunction. This information may include inspection reports, purchase receipts, and repair invoices.
C. WARRANTY TERM & EFFECTIVE DATE
Contract term begins the later of thirty (30) days after acceptance of application by Guardian and receipt of plan fee or fifteen (15) days after optional initial A/C & Heating System Tune-up and Facility Assessment (ref. to Sect. F.12) performed by Guardian, and continues perpetually month to month unless the either party notifies the other in writing prior to cancellation of the Contract (See section H. TRANSFER OR CANCELLATION OF WARRANTY for more details.)
D. REQUESTING WARRANTY SERVICE
1. The Customer, the Customer’s agent, or the Customer’s commercial tenant must call as soon as the problem is discovered and prior to the expiration date for covered work to be performed under this Contract.
2. Guardian has the sole right to select and arrange an authorized Guardian service contractor to perform work covered by this Contract. Only work authorized and dispatched by Guardian is covered by this warranty. GUARDIAN will not reimburse for service performed by the Customer, the Customer’s agent, the Customer’s commercial tenant, an employee of the customer, or a contractor independently hired by the Customer. Guardian reserves the right, but not the obligation to hire Customer’s preferred contractor.
3. Service Responses:
a. Normal Service: Under most normal circumstances, an authorized Guardian Service Contractor will contact the person who called Guardian within 4 business hours (48 hours on weekends or holidays) to schedule a mutually convenient appointment during normal business hours to perform non-emergency service.
b. Emergency Service: An emergency is defined as a plumbing failure that causes interior flooding, a complete loss of heating or cooling in extreme temperature conditions, a substantial loss of electrical service, or any other condition that renders the interior of the office uninhabitable. Guardian will make all reasonable efforts to expedite emergency service. 24-hour emergency service is only available for interior flooding.
c. Guardian will determine in its sole discretion what situations constitute an emergency and will make all reasonable efforts to prioritize and expedite emergency service.
d. Expediting Normal Service: Guardian will accept a request to expedite non-emergency service only if an authorized Guardian Service Contractor is available. If the Service Contractor agrees to expedite the nonemergency service, the Customer will be responsible for additional expedite fees, including overtime pay.
E. TRADE SERVICE FEE (or Service Call Fee)
1. For each separate trade item, the Customer is responsible to pay a ninety-nine dollar ($99.00) trade service fee. The trade service fee will be due and payable to Guardian before a scheduled service, including the following circumstances:
a. The Customer cancels a service request after the Service Contractor is already on their way to the Customer’s Service Location;
b. The Customer fails to provide accessibility necessary to perform the service request;
c. A Service Contractor’s diagnosis results in a partial or complete exclusion of coverage; or
d. Guardian approves the Customer’s request for a second opinion.
2. Repairs are guaranteed for 30 days. Should failure of that item occur within 30 days, another fee will not be charged. Supplied parts may carry an additional manufacturer’s warranty.
3. Failure to pay trade service fees may result in suspension or cancellation of this Contract.
4. Guardian reserves the right to obtain a second opinion at Guardian’s expense.
5. Guardian will apply all collected trade service fees to the actual repair cost of items that are found to not be covered by this Contract.
6. In the event that Guardian informs the Customer that a malfunction is not covered, the Customer has the right to request a second opinion of the cause of the malfunction. The Customer must ask Guardian for a second opinion from another Guardian Service Contractor within seven (7) days from the time Guardian informed the Customer that the malfunction is not covered. In the event that the outcome of the second opinion is different than the first opinion, the Customer will not owe an additional trade service fee. However, the Customer will be responsible for the payment of an additional trade service fee if the outcome of the second opinion is the same as the initial opinion.
F. GUARDIAN COMPLETE PLAN COVERAGE (other plans have more limited coverage, as noted below)
1. APPLIANCES COVERED (Not covered under the Guardian Essentials or Guardian Plus Plans): All mechanical parts and components that fail due to normal wear-and-tear of RESIDENTIAL-STYLE: • REFRIGERATOR • DISHWASHER • RANGE • OVEN • COOKTOP • BUILT-IN MICROWAVE • GARBAGE DISPOSAL • WASHER • DRYER • TRASH COMPACTOR. NOT COVERED: Commercial restaurant-style appliances, detachable accessories, countertop microwaves, items that do not affect the primary operation of an appliance, maintenance items and items that do not fail as a result of normal wear-and-tear, such as but not limited to shelves, drawers, hinges, light bulbs, glass or glass tops, food spoilage, interior linings, insulation, and filters. LIMITS: Maximum for diagnosis, repair, or replacement of all covered appliances is $1,500 per twelve-month contract term. Coverage is for one unit per appliance type. Extra fee required to have multiple units of each appliance type covered by this Contract.
2. AIR CONDITIONING & HEATING SYSTEM COVERED: All plans cover one (1) electric central air conditioning system, gas or electric central heating system, heat pump (up to a five (5) ton capacity per unity), and all mechanical parts thereof, including condenser, evaporative coil, air handler and detached drain lines, metering device (evaporative coil piston and thermal expansion valve), leaks in accessible refrigerant lines, baseboard heaters, radiators, standard air filters, dial or digital thermostats, and quarterly maintenance and cleaning. NOT COVERED: Window units, portable units, evaporative coolers, chiller systems and chiller components, boiler systems, solar heating, fireplaces and key valves, radiant cable heat, oil storage tanks, heat lamps, humidifiers, electronic filters, electronic air cleaners, computerized HVAC management systems or zone controllers, flues and vents, transitions, roof jacks or stands, problems caused by dirty and/or clogged coils, condenser casings, registers, grills, deionizers, ozone purifiers, pre-coolers, non-ducted wall units, drain pans, condensate pans, condensate line stoppages, water towers, supply lines and valves external to unit, pads or pad frames, automatic or manual dampers, air conditioning with improperly sized systems, and structural or city code modifications required in connection with any covered repair. LIMITS: Maximum for diagnosis, repair, or replacement of all HVAC systems is $2,500 per twelve-month contract term. Guardian will pay up to $15 per pound for recharging of refrigerant. The Customer will be responsible for costs in excess of $15 per pound. Note: This Contract covers air conditioning and heating systems with a capacity not exceeding five (5) ton capacity per unit. Extra fee required to have additional units covered by this Contract.
3. DUCTWORK COVERED: Guardian will cover all breaks in ductwork from the attachment to the heating and cooling unit transition to the attachment to registers and grills. NOT COVERED: Insulation, vapor barrier, dampers and damper controls, improperly sized ductwork, efficiency problems and legally mandated diagnostic testing of ductwork when replacement hearing or cooling equipment. LIMITS: Maximum for diagnosis, repair, or replacement of all ductwork that is behind, beneath or contained in any wall, ceiling, floor or concrete encasing surface will be restored to rough finish only, up to $500 per twelve-month contract term.
4. PLUMBING SYSTEM & STOPPAGES COVERED (Not covered under the Guardian Essentials Plan): Leaks or breaks in water, gas, drain, sewer or vent lines that are located within the perimeter of the Service Location foundation, faucets, toilet bowls and tanks, wax seals, mechanisms, urinals, mop sink drains, sump pump, circulating hot water pump, drinking fountains (drinking fountains not covered under Guardian Essentials plans), hose bibs, pressure regulators, clearing of stoppages in sewer lines through accessible ground-level clean out, and fire suppression sprinkler systems (fire suppression sprinkler systems not covered under Guardian Plus or Guardian Essentials plans). NOT COVERED: Stoppages caused by collapsed, damaged or broken drains, vent or sewer lines outside of the office’s main foundation; lines broken, infiltrated or stopped by roots or foreign objects even within the office’s main foundation; toilet lids/seats, sinks, mop sinks, grouting/caulking, plumbing for solar systems, high or low water pressure, water softener equipment, water filters or conditioning equipment, storage or holding tanks, steam rooms or saunas, sounds caused by heating or flowing water, inadequate plumbing capacity, flow restrictions in water supply lines, icemaker water lines, stoppages that cannot be cleared with cable, access to sewer or drain lines from vent (rooftop line clearing), costs to locate, access, or install a ground-level clean out, hydro-jetting. LIMITS: Maximum for all diagnosis, repair, or replacement for leaks in water, drain, gas, or polybutylene piping that is underground or obstructed by concrete or any other solid surface, is $1,000 per twelve-month contract term. Guardian will only provide access to plumbing systems through unobstructed (no obstructions such as built-in furniture, permanent wall coverings, etc.) walls, ceilings, and floors. If the area around the access hole has not sustained damage from the water leak, Guardian will restore the access hole to a “rough” finish only. Note: Toilet bowls and tanks replaced with commercial builder’s standard.
5. WATER HEATERS COVERED (Not covered under the Guardian Essentials Plan): Gas or electric water heaters including tankless water heaters, water tank leak or rupture, thermostat assembly parts and components, heating elements, burner assembly and vent pipes, gas valves, drain valves, relief valves, and circulating pumps (non-solar-systems). NOT COVERED: Solar water heaters, solar panels and components, plumbing to solar water heaters, vents and flues, storage or expansion tanks, noise caused by sediment, drip pans, heating/water heater combination units, multi-valve manifolds, and water heater heat pump attachments. LIMITS: Coverage applies to water heaters not exceeding 60 gallons. Maximum coverage for all diagnosis, repair, and replacement is $500 per twelve-month contract term.
6. ELECTRICAL SYSTEM COVERED (Not covered under the Guardian Essentials Plan): Wiring, conduit, outlets, switches, panels and subpanels that are inside the Service Location, circuit breakers, fuses, GFI circuit breakers, ballasts, junction boxes, built-in lighting fixtures, exit signs and restroom hand dryers. NOT COVERED: Inadequate wiring capacity, intercoms, power failure or surge, audio/video/ computer/intercom/alarm or security wiring or cable, sensors, direct current (D.C.) wiring and components, low voltage or timed circuits including wiring and relays, light bulbs, system controllers. LIMITS: Lights or other fixtures requiring service or repair that are higher than 12 feet from the ground will result in an extra service call fee of $75 at the time of repair. Maximum for diagnosis, repair, or replacement is $1,500 per twelve-month contract term.
CEILING FANS & BATHROOM EXHAUST FANS COVERED (Not covered under Guardian Plus or Guardian Essentials Plans): All mechanical parts and components that affect the operation. NOT COVERED: electronic controls, transistors, remotes, and heaters. LIMITS: Ceiling fans replaced with builder’s standard when necessary. Ceiling fans that are higher than 12 feet from the ground will result in an extra fee upon repair. Maximum for diagnosis, repair, or replacement is $500 per twelve-month contract term.
7. FIRE EXTINGUISHER RECHARGE & CERTIFICATION SERVICE COVERED: For a standard trade service fee, Guardian will provide an annual fire extinguisher recharge, safety inspection and certification of up to three (3) wall-mounted fire extinguishers. NOT COVERED: Fire extinguisher equipment, mounting brackets, parts and accessories. Additional fire extinguisher services are available for an additional fee including: recharge, inspection and certification of additional fire extinguishers, replacements of fire extinguishers, 6 year clear & recharge, and 10-year cylinder certifications as mandated by fire code.
8. SMOKE DETECTORS COVERED (Not covered under Guardian Essentials or Guardian Plus Plans): All mechanical parts and components that fail due to normal wear-and-tear. NOT COVERED: Batteries and low voltage wiring. Limits: Maximum for diagnosis, repair, or replacement is $500 per twelve-month contract term.
9. BACKFLOW VALVE TESTING COVERED: For the applicable trade service fee, Guardian will provide backflow valve testing, repair and certification. Limits: Maximum for diagnosis, repair, or replacement is $300 per twelve-month contract term.
10. DOORS COVERED (Not covered under the Guardian Essentials or Guardian Plus Plans): Hinges, closers, handles, deadbolt or door lock assemblies, and latches. NOT COVERED: Doors. Limits: Maximum for diagnosis, repair, or replacement is $300 per twelve-month contract term.
11. ROOF LEAK REPAIRS COVERED: For the applicable additional monthly service fee, Guardian will repair leaks in rolled, asphalt shingle or clay roof structures only. NOT COVERED: Gutters, drains, leaks involving roof mounted installations, ice dam build-up, deck or balcony roofs, wood and underlayment, counter flashing, leaks resulting from or caused by any one of the following: missing or broken shingles, Acts of God, damages due to persons walking or standing on roof, repairs made by others, failure to perform normal maintenance. Limits: Maximum for diagnosis, repair, or replacement is $300 per twelve-month contract term.
12. A/C & HEATING SYSTEM TUNE-UPS COVERED: For the applicable trade service fee (charged at $99 for the first covered HVAC unit and $39 for each additional unit), Guardian will calibrate the thermostat, test temperature split, check refrigerant levels and system pressures, perform amp draw on condenser motor, evaporator motor and compressor, rinse condenser coils (as needed), check contactors, check condensate lines, clean or replace standard filters, clean & tighten electrical connections, test capacitors, and check heat operations, inspect pilot system, test safety switches, test limit switches, and clean burners on all covered units. Note: Guardian will offer one (1) initial A/C & Heating System Tune-up and Facility Assessment within 30 days of the Contract Effective Date and then each quarter of the year thereafter for the trade service fee. Trade service fee for tune-ups is charged, even if the customer fails to provide accessibility necessary to perform the scheduled tune-up on the appointed time and day. NOT COVERED and Limits: refer to Section F2 above for items not covered or limitations of coverage.
13. RESTAURANT REFRIGERATION EQUIPMENT SERVICE COVERED: For the applicable additional monthly service fee, Guardian will cover all restaurant-style refrigeration equipment, including walk-in refrigerators and freezers, free-standing refrigerators and freezers, preparation tables, and ice makers accepted by Guardian, and will calibrate the thermostat, check refrigerant levels and system pressures, perform amp draw on condenser motor, evaporator motor and compressor, rinse condenser coils (as needed), check contactors, check condensate lines, clean or replace standard filters, clean & tighten electrical connections, test capacitors, and check heat operations, inspect pilot system, test safety switches, test limit switches, and clean burners on all covered units.
14. EMPLOYEE TERMINATION RE-KEY SERVICE COVERED: For the applicable trade service fee, Guardian will provide one (1) re-key of up to six (6) key holes (including deadbolts) and four (4) total copies of the same key, typically after an employee termination. NOT COVERED: re-programming of security systems, exterior keypad reprogramming, lock picking, lock-out service, or new lock sets. The Customer will incur extra service fees for these items.
15. CARPET CLEANING SERVICE COVERED: For the applicable trade service fee, Guardian will provide one (1) carpet cleaning service for carpeted areas covering no more than one thousand (1,000) square feet. For more extensive carpet or upholstery cleaning, Customer will be charged additional fees at discounted rates. NOT COVERED: Old/permanent stain removal, odors, red stain removal, pre-existing visible carpet damage, and any stain that requires enzyme treatments. LIMITS: This service is intended for low-pile, commercial office carpeting. Additional floor cleaning services are available for an additional fee including: additional carpet cleaning over 1,000 square feet, residential-style carpeting, tile and grout cleaning, upholstery cleaning, deodorizing treatments, enzyme stain removal treatments and other services as agreed upon between the Customer and Guardian.
16. WINDOW CLEANING SERVICE COVERED: For the applicable trade service fee, Guardian will clean up to five (5) exterior ground-level, storefront windows. Additional fees will be charged for additional exterior windows and/or second story windows. NOT COVERED: Hard water stain removal, paint overspray removal and interior windows. Additional fees apply for these services.
17. SECURITY SYSTEM COVERED: For the applicable equipment price and trade service fee, Guardian will install 1 wireless base station, 2 entry sensors, 1 motion sensor, and 1 glass breakage sensor, 1 panic button and 1 security key pad with a 60-day guarantee. Additional fees will be charged for additional components or accessories. NOT COVERED: Replacement components and security monitoring fees (not covered, but available from a third-party security monitoring service provider). Note: This service is intended for commercial office suites and requires no long-term monitoring contract or commitment.
18. PEST CONTROL SERVICE COVERED: For the applicable trade service fee, Guardian will provide an interior pest control treatment to exterminate ants, roaches, crickets, spiders, ground beetles, earwigs, silverfish, millipedes, centipedes, pill bugs, sow bugs, BS clover mites. Additionally, Guardian will provide limited extermination treatment for rodents by placing up to four (4) traps or two (2) bait stations for the trade service fee. NOT COVERED: Treatment of infested areas outside the perimeter of the Service Location foundation, including flying insects, ticks, fleas, roach infestations, mice, rats, and any other pest not listed above. LIMITS: Limited rodent extermination treatment does not cover a return trip for removal and/or disposal of traps or bait stations – an additional trade service fee is required for a return trip. Additional fees will also be required for any rodent infestation that requires more than four traps or two bait stations.
19. FLORESCENT LIGHT BULB SERVICE COVERED: For the applicable trade service fee, Guardian will change up to a quantity of five (5) four-foot fluorescent bulbs.
20. REVERSE OSMOSIS FILTER CHANGE SERVICE COVERED: For the applicable trade service fee, Guardian will change up to a quantity of three (3) Reverse Osmosis filters and one (1) membrane for drinking water.
21. EXTENDED MAIN LINE PLUMBING COVERED: For the applicable monthly upgrade fee, Guardian will cover all shut-off valves and normal wear and tear underground pipe leaks located outside the foundation of the office structure, including water, drain and gas lines that service the covered structure. NOTE COVERED: hose bibs, faucets, plumbing for solar systems, consequential or secondary damage and damage caused by roots. LIMITS: $500 maximum per contract for the diagnosis, repair or replacement. Guardian will only provide access to underground plumbing lines if they are unobstructed by concrete, paved surfaces, pavers, trees, shrubs, rocks and other landscaping. Guardian is not responsible to restore concrete/paved surfaces or landscaping as a result of accessing and closing access to underground plumbing.
G. LIABILITY LIMITATIONS
This Contract is intended to cover the costs to repair or replace the Customer’s covered Service Location office systems and appliances when they fail due to normal wear-and-tear; however, coverage is not all inclusive. There may be situations in which the Customer will be responsible to pay additional costs for parts or services not covered by this Contract. In those cases, Guardian will work with the Customer to determine the best course of action to reasonably minimize the Customer’s out-of-pocket-costs.
1. General Exclusions. This contract does not cover:
a. Known defects that existed on or before the effective date. The Customer must have all known pre-existing breakdowns and defects correctly repaired by a service professional and deliver to Guardian any paid invoices evidencing the repairs before the defective item can be covered by this Contract.
b. Unknown, undetectable pre-existing defects are not covered.
c. Routine maintenance of appliances and equipment. The Customer is responsible for maintenance and cleaning of covered items as specified by the manufacturer, other than those noted for optional quarterly HVAC tune-ups and annual fire extinguisher recharge and certifications.
d. Failure of parts or components caused by the lack of manufacturer recommended maintenance of this contract is not covered.
e. Breakdowns that are caused by any condition that is not considered to be normal wear-and-tear such as but not limited to:
(1) Misuse, abuse, or improper usage;
(2) Lack of capacity or insufficient or undersized systems or components;
(3) Improper previous repairs or modifications;
(4) Missing parts, components, or equipment;
(5) Fire, freezing, hail, wind damage, water damage, lightning, smoke, earthquakes, mud slides, soil movement, other acts of nature, accidents, vandalism, criminal acts, or any other risk commonly covered by business property and casualty insurance;
(6) Manufacturer or builder defects;
(7) Chemical, soap, or sedimentary build-up (except water heaters); or
(8) Pest damage.
f. Secondary, consequential, or incidental damages resulting from the malfunction of any covered item such as but not limited to loss of income, utility bills, additional business expenses, office supplies, records, electronic equipment, food spoilage, or the restoration or repair of walls, ceilings, flooring, cabinets, countertops, or painting.
g. Repair or remediation of cosmetic defects.
h. Repair, replacement, installation, or modification of any covered item that has been determined to be defective by the Consumer Product Safety Commission or for which a manufacturer has issued a warning, recall, or decision of defect.
i. Electronic, computerized office management systems such as but not limited to energy, lighting, or comfort management systems.
j. Systems or appliances classified by the manufacturer as residential, excluding breakroom appliances.
2. Access Limitations:
a. Except as noted under “Limits”, Guardian is not responsible for providing access or closing access to covered items.
b. Guardian is not responsible for costs of restoration of any wall or floor covering, ceiling tiles, cabinets, countertops, tile, stone, brick, paint, or the like.
3. General Limitations of Liability:
a. Guardian is not responsible for any additional work or costs required to comply with any federal, state, or local laws, regulations, or ordinances or utility regulations, to meet current building or zoning code requirements or correct for code violations.
b. Guardian is not responsible for fees associated with:
(1) Legally required permits;
(2) Recapture of refrigerants;
(3) Disposal of old covered equipment.
c. Guardian is not responsible or liable for performing service, or paying remediation costs, involving toxic or hazardous substances or problems caused by pathogenic organisms including but not limited to lead, mold, mildew, fungi, spores, bacteria, virus, yeast, and mycotoxins.
d. Guardian is not responsible for repairs, replacements, or modifications of covered equipment that is merely inefficient.
e. Guardian is not responsible for upgrades, components, or parts required due to the incompatibility of the existing equipment with the replacement system, appliance, component, or part thereof or new type of material or chemical utilized to run the replacement equipment including but not limited to differences in technology, refrigerant requirements, or efficiency as mandated by federal, state or local governments except as detailed in section F2 (Air Conditioning /Heating System) of this Contract. Upgrades of systems or components would be at the sole cost of the Customer, negotiated and paid directly to the service provider. Guardian will offer a credit towards the Customer’s upgrade equal to Guardian’s negotiated wholesale cost with the service provider.
f. Guardian is not responsible for costs of construction, carpentry, or structural modifications necessary to effect repair or replacement of covered items.
g. Guardian is not responsible or liable for the costs of testing or permits required by statute or regulation associated with the repair or replacement of covered items or components.
h. This Contract does not cover common areas and common systems in multi-suite office buildings or strip malls, unless offered as a custom-quoted service contract.
i. Guardian is not liable for failure to provide timely service due to conditions beyond its control including, but not limited to, delays in obtaining parts or equipment or labor difficulties.
j. In no event will either party be liable for any indirect, incidental, punitive or consequential damages (including, but not limited to, loss of business or business interruption), lost profits or loss of use, arising out of or relating to this contract.
k. Systems and appliances that are installed at the premises any time after the effective date of this Contract are not covered unless Guardian agrees to provide coverage for such item.
H. TRANSFER OR CANCELLATION OF WARRANTY
1. This warranty is transferable if the covered property is leased or sold during the term of this Contract and the Customer receives prior written consent by Guardian. The warranty owner must notify Guardian, in writing, of the change in ownership and submit the name of the new owner to transfer coverage.
2. Guardian may assign this Contract, in whole or in part, or any of its rights and obligations hereunder without Customer’s consent, to the fullest extent allowed by law. Upon such assignment, Customer agrees that Guardian shall have no further obligation to Customer.
3. This contract shall be cancelable by the Customer or Guardian at any time including, but not limited to:
a. Nonpayment of plan or service call fees,
b. Fraud or misrepresentation of facts material to the issuance of this Contract,
c. Upon mutual agreement between Customer and Guardian, or
d. Discovery of pre-existing latent defects in the office systems at the time of the an HVAC tune-up or property assessment.
In the event that a Contract is cancelled within 30 days of the effective date, the Customer shall be entitled to a full refund of the paid contract fees less any unpaid trade service fees, including a $99 charge for the initial HVAC tune-up, if underway or completed. In the event that such contract is cancelled after the 30th day from the effective date, the Customer shall be entitled to a pro-rata refund of the paid plan fee for the unexpired term less any unpaid trade service fees and a $55.00 administration fee. Cancellation of this warranty must be in writing.
Notices of cancellation by the Customer must be sent to Guardian as follows:
Mail to: OfficeGuardian
Attn: Customer Service
Notices of cancellation by Guardian must be sent to the Customer’s email address or mailing address of record.
J. GOVERNING LAW AND MANDATORY ARBITRATION
1. Guardian and the Customer will attempt in good faith to resolve any controversy, claim or dispute arising out of or relating to this Contract through direct discussions. Either party may initiate negotiations by providing written notice to the other party, setting forth the subject of the dispute and relief requested. The parties will respond to any initial and subsequent requests in a timely and complete manner. If these discussions are unsuccessful, all disputes or claims between the parties arising out of the Contract or the parties’ relationship SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED THROUGH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE AAA COMMERCIAL ARBITRATION RULES. Copies of the AAA Rules and forms can be obtained by calling 1-800-778-7879 or downloading them at www.adr.org. The arbitrator’s decision shall be final, binding, and non-appealable.
2. The parties expressly agree that this Agreement and this arbitration provision involve and concern interstate commerce and are governed by the provisions of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule. By entering into this Agreement the parties acknowledge that they are giving up the right to a jury trial, and the right to participate in any class action, private attorney general action, or other representative or consolidated action, including any class arbitration or consolidated arbitration proceeding.
3. Any failure by Guardian to assert a right or enforce a requirement under this Contract shall not be deemed a waiver of that or any other right or requirement and shall not preclude Guardian from asserting any right or enforcing any requirement at any time.
4. Guardian will make commercially reasonable efforts to fulfill its obligations under this Contract. Certain causes and events that are out of Guardian’s reasonable control (“Force Majeure Events”) may result in Guardian’s inability to perform under this Contract. If Guardian is unable to perform its obligations, in whole or in part, due to a Force Majeure Event, then Guardian’s obligations shall be suspended to the extent made necessary by such Force Majeure Event, and in no event shall Guardian be liable to Customer for its failure to fulfill its obligations or for damages caused by any Force Majeure Event. Force Majeure Events include, but are not limited to acts of God, fire, war, flood, earthquake, hurricanes, tornados, and other natural disasters, acts of terrorism, acts of any governmental authority, accidents, strikes, labor troubles, shortages in supply, changes in laws, rules or regulations of any governmental authority, and any other cause beyond Guardian’s reasonable control.
5. In all other ways, this contract will be construed, and the legal relations between the Parties hereto will be determined, in accordance with the laws of the State of Arizona, County of Maricopa, USA, as such law applies to contracts signed and fully performed in said state.
If any provision of this contract is held to be invalid or unenforceable for any reason as a matter of law, the remaining provisions will continue to be valid and enforceable.