Terms and Conditions
Berkeys Terms and Conditions For e-Commerce on the Website
Berkeys Automatic Maintenance Plan Terms:
The standard terms of Berkeys Automatic Maintenance (BAM) Plan include the annual agreement, which sells for $99 per year; or the 10-year term, which sells for a one-time fee of $299. With each year of the BAM Membership, the Buyer is entitled to service tune-ups to include air conditioning, heating, and plumbing. Each tune-up will be performed on all systems at the residential premises established at the time of membership registration. There is no limit on the number of eligible systems at this residence. The service tune-ups include an inspection of each system, check and test of safety controls, lubrication of moving parts where applicable, and minor cleaning of control and electronic areas where applicable. The plumbing tune-up includes a visual inspection of all plumbing fixtures and cleaning of the p-traps. The tune-ups are intended to maintain the operating efficiency of the respective systems, the tune-ups exclude any repair, recharging of refrigerant, or major cleaning needs that may be discovered during the tune-up. The cost to perform said repairs and/or cleaning, as well as the cost of parts and labor to replace any worn or malfunctioning parts identified in the tune-up would be additional. In the event additional work beyond the scope of the BAM Plan tune-up is required, the Berkeys technician will inform the BAM Member of the identified need, and will present a written estimate of the flat rate cost to perform the work. No work that involves an additional fee will be performed without the prior consent of the BAM Plan Member.
Warranties and Limitations on Warranties:
The standard warranty is two years on labor and parts supplied by us. The Seller warrants that all work performed and all parts and equipment which were installed by our technicians were completed in a workmanlike manner. Said work will be free from defective workmanship and/or materials for a period of two years from the date the work was performed or manufacturer’s warranties (with certain exclusions listed below). The Buyer’s exclusive remedy shall be limited, related to the Seller’s obligation for defective parts and/or workmanship and related damage, at the Seller’s option to replace defective parts or workmanship or refund the amounts paid by the Buyer for said service, and shall be conditioned upon the Seller receiving actual written notice of said defect within the noted two year period. These exclusions may have limited or no warranty: not doing recommended repairs, owner supplied equipment, stoppages, worn out equipment or fixtures. Standard warranty excludes: faucet repairs, for which the warranty is 90 days. Regular maintenance is required to maintain your warranty from the manufacturer. Failure to properly maintain equipment as specified in the manufacturer’s owner’s manual voids all warranties. All warranty issues must be allowed to be inspected and approved by Berkeys before any repair is made or the warranty is voided. Warranty is not transferable. Not liable for damage caused by weather, valve breaks, high water pressure, lack of normal maintenance, or manufacturer defects.
Berkeys offers a limited lifetime warranty on specified items available exclusively for BAM Members. This warranty is null and void if BAM agreement expires or is not renewed. The lifetime warranty excludes labor, as well as damage that may result from irresponsible use, manufacturer’s defects, acts of God, gas leak, changes in weather, ground shifts and/or work performed by other companies. Product specific exclusions are as follows: Toilets – excludes stoppages, wax seal, seat, water and/or drain connections; Garbage Disposals – removal of foreign objects, jams from introduction of foreign object, clogged drain, reset switch; Tankless Water Heaters – isolator valve, condensation piping, roof flashing, and gas, water, and electric connections; Tank Water Heaters – condensation piping, drain pan, expansion tank, and gas, water, and electric connections.
Modifications:
Any modifications, including additions, adjustments or repairs made by someone other than the Seller, unless authorized or agreed upon by this Seller, will be cause to terminate this Seller’s obligation under the contract.
Payment Terms:
For work beyond the scope of the BAM Plan tune-up and/or service calls not related to the BAM Plan, the entire invoice is due upon completion of described work. A monthly service charge of 1.5% will be added after 30 days, up to $1,000. If applicable, sales tax is included in the price. If the Seller commences litigation or employs attorneys to collect payment for any amount due from the Buyer. The Buyer agrees to pay reasonable attorney’s fees and court costs. The Seller gladly accepts personal checks. However, if the Buyer presents a check that is returned unpaid due to NSF, the Seller will electronically debit the Buyers account for the face amount of the check along with the state allowed fee. By choosing to make payment by check the Buyer agrees with these terms and conditions and authorizes the Seller to recover said funds accordingly.
Prior course of dealing:
No prior course of dealing, oral agreements, or usage of trade not expressly set forth in this contract shall in any way be admissible to explain, modify, or contradict this contract.
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