TERMS AND CONDITIONS FOR ANNUAL AGREEMENT- 10-16-2022
1.EAST COAST MECHANICAL: Hereafter referred to as ECM. This contract covers parts and labor for repairs necessitated by a mechanical failure due to normal wear and tear that are specifically listed on the back of this contract agreement as covered and in accordance with the terms, conditions and limitations of this contract until deemed unrepairable or condemned by ECM, at which time such equipment shall be replaced by owner at owner’s expense. If in our opinion, the repair cost exceeds the current value of the product being repaired, based on age and condition the equipment may be deemed unrepairable and condemned by ECM, releasing ECM from any and all further contract obligations unless covered by replacement. Total repair cost incurred by ECM to repair any covered product shall not exceed the listed replacement value of such product during any contarct year. Covered equipment must be listed on the front of this contract agreement and must be in good operating condition prior to acceptance of contract by ECM. Any conditions in first 30 days considered to be pre-existing by ECM are excluded from this contract, including any new coverage added at renewal of contract. ECM will be the sole determinant of pre-existing conditions. ECM may at its sole discretion cancel this contract in the first 30 days due to pre-existing conditions without any further contract obligations. The rate charged for this contract is not subject to regulation by the state of Florida. This contract does not have a grace period. No services or work in progress beyond the expiration date will be scheduled or performed. Covers equipment and products located on interior of main home only, garage and guest house are optional coverage.
2.CENTRAL AIR CONDITIONING: (Air Handler & Condenser) electric type only. Covered: Compressor, evaporator coil, standard thermostat and humidistat, standard fan motors, relays, contactors, run capacitors, (Freon 410-A), fan blades, transformer, blower wheel, electric heater. NOT COVERED: Freon R-22, Freon R-22 substitutes, mismatched a/c systems not ARI Book Rated, (Mini split or water cooled air conditioners unless listed on front of agreement), coils and heat exchangers to water cooled air conditioners, A/C water valves, dampers, filters, aluminum coils, condenser coils, accumulators, drain pans, ductwork, programmable thermostats, programming thermostat, heat recovery, disconnect boxes, isolation Freon leak test, condensate lines, leaks, pumps and float switches, telephone modem, Wi-Fi- components, accessories, electronic air cleaners, dual compressors, electronic motors, variable speed motors, variable speed compressors, inverter control compressors, inverter electronic components, U/V lights, cabinets, reversing valves, hoses, hard start kits, sweating air handlers. Compressor and evaporator coil replacement and installations are limited to one per contract year.
3.AIR CONDITIONING REPLACEMENT (optional coverage): There is up to a $1,500 maximum allowance replacement limit on a covered air handler or condenser. Should ECM condemn the condenser or the air handler the customer shall be required to pay the full retail value of the other piece of equipment plus all installation costs and permitting fees required by ECM to install the entire system. The maximum replacement allowance limit of $1,500 per piece of equipment condemned by ECM will be issued towards a new air conditioning system purchased through ECM and installed by ECM only. If customer fails to or refuses to pay ECM the cost of replacing the system minus the allowance credit for said piece of equipment, then by all rights ECM is relieved of and is not required to repair or replace the condemned unit or system. Replacement excludes wall air conditioners, water cooled air conditioners, package units and replacement due to R-22 obsolescence. Air conditioning condensers are not covered for repair or replacement.
4.EQUIPMENT MAINTENANCE IS NOT COVERED: including a/c condensate drain lines, drain line cleaning, drain line blockages, leaks, dirty coils, dirty drain pans, coil cleaning, and any equipment malfunction related to lack of maintenance. ECM reserves the right to refuse to clean a dirty evaporator coil due to age and condition. Customer shall provide annual maintenance on covered equipment, including flushing a/c condensate drain line. Failure to provide annual maintenance may result in denial of claim. Customer shall assume 100% full liability for any water damage related to an a/c condensate drain line leak.
5.A/C TUNE-UP (optional): Central A/C only. Customer is responsible for scheduling pre-paid tune-up no later than 30 days prior to expiration of contract. No extensions and (no refund). Limited availability in summer months.
6.REFRIGERATOR: Covers all mechanical components and parts. (icemaker replacement – optional) Food spoilage due to ECM’s neglect is limited to $100 per contract year. Not Covered: Non repairable icemakers, ice buckets, water filter, filter housing, filter connections, filter lines, all plastic water lines, auger, auger motor, variable speed inverter compressors, divider block, freezer door slide rails, garage refrigerator compressors, system contamination caused by water intrusion or oil brekdown.
7.OVEN/RANGE: Covers all mechanical components and parts. Not Covered: Induction oven/range, range hood, glass, clocks, glass embedded electronics, warming drawers, oven gaskets.
8.MICROWAVE: Covers all mechanical components and parts including. Not Covered: Countertop microwaves, doors, door embedded electronics, arcing in cavity, burned or damaged wave guide, glass.
9.DISHWASHER: Covers all mechanical components and parts. Not Covered: Single or double drawer dishwashers, water wall dishwashers, racks, rollers, spray arm, plastic parts, optic sensors.
10.GARBAGE DISPOSAL (up to 1/2 HP): Covered all components and standard wall switches. Not Covered: Abuse, foreign objects jamming mechanism such as forks, etc., batch feed or stainless steel disposals.
11.WASHER AND DRYER: Covers all mechanical components and parts. Not Covered: Steam appliances, dry cleaning centers, drums, agitators, lint screen, vent cleaning, lids, hoses, counter weights, ventless dryers.
12.GARAGE DOOR OPENER: Covers door opener / motor assembly up to $300 if non-repairable and includes installation up to a combined limit of $750. Not Covered: Remote transmitter, door or door track assemblies, springs, Hinges, and exterior key pads.
13.GARAGE PLUMBING & ELECTRIC: (optional) Covers GFI outlets, light switches, receptacles, fluorescent light fixtures and mop sink.
14.CIRCUIT BOARDS: Covers circuit board up to $100 max per incident: Not Covered: Repair or Replacement of product due to obsolete circuit boards.
15.SMOKE DETECTORS: Covered up to $50 and installation up to a combined max of $250. Not Covered: Changing batteries or when part of an integrated alarm system or a part of any home electronics and/or smart home system, non-accessible detectors higher than 12’ feet from floor.
16.CEILING FANS: Covers all mechanical parts. Not Covered: Fan blades, off balance blades, remote control devices, specialty multi-speed wall control switches, non-accessible fans higher than 12” feet from floor, replacement or installation of new fans.
17.POOL HEATERS electric type only: Covered parts are limited to a maximum of $200 per incident. Covers: compressor, fan motor, fan blade, capacitors, relays and contactors. Not Covered: Freon R-22, coil, heat exchanger, water pressure switch, piping, remote controls, and programmable electronic control systems. Not covered under unlimited parts coverage.
18.POOL & SPA PUMPS: (Covers motor and pump assembly only, up to $300 max) includes installation up to a combined limit of $750, covers time clock, electrical up to exterior disconnect box. Not Covered: Control panel, electronic controls,pvc piping, filters.
19.COVERAGE EXCLUSIONS: Foreign products, commercial equipment, and repairs required by home inspection companies. Products with no name brand recognition and/or without model and serial identification numbers or with no parts availability through normal ECM vendors and/or supply houses such as Home Depot brand products is not covered. All equipment accessories, negligence, abuse, misuse, maintenance, improper operation or installation, product sounds and odors. This contract will be voided if: equipment is moved from its original location or if equipment is moved or repaired by another company or if evaporator coil is cleaned by another service company. ECM will not pay for work done by other service companies. ECM reserves the right to rebuild and/ or install quality remanufactured parts. ECM shall not be held liable for loss or damage, consequential to or directly arising from the operation of or failure of the apparatus or its controls including failure to provide timely service due to conditions beyond its control, including but not limited to delays in obtaining parts or labor difficulties, repairs occasioned by the enforcement of existing or future codes or violations. This contract does not cover labor for repairs or installation of non-covered parts or installation of customer supplied parts.
20.NO PRODUCT WILL BE SERVICED, REPAIRED OR REPLACED: Due to any product or parts failure related to or caused by fire or (pest, rodent, insect damage such as failure of electronic components), refrigeration system contamination caused by water intrusion in sealed system, (damaged, rusted or missing cabinets), accident, abuse, misuse, vandalism, power surges, flood, windstorm, acts of God or because the product runs inefficiently, replacement due to delays, appearance, odors, breakage of plastic, breakage of glass, glass embedded electronics, liners or racks, non-accessible repairs are not covered such as broken wiring, burned wiring, burned wiring harness or leaking sealed system Freon lines located inside appliance cabinet walls and/or within insulation or located inside cabinet walls. Including obsolete door springs, escutcheon, plastic consoles and overlay displays. Obsolete parts are not covered unless obsolete parts coverage is listed on face of contract.
21.REPLACEMENT COVERAGE: ECM is solely responsible to determine when equipment is non-repairable. Its determination is final and binding. If you have replacement coverage it is indicated by an (R) next to the specific equipment covered on the face of this contract. Replacement of a covered product will be made only if the product suffers 100% total (not partial) functional mechanical failure and is deemed unrepairable and condemned by ECM only. At which time, ECM will offer you cash based on our actual equipment cost for a basic standard replacement product only. Cash value for all equipment will be determined by ECM only (less than retail). There is a 30 day waiting period from initial date of coverage for replacement of parts and a 90 day waiting period for replacement of equipment coverage to go into effect. Any equipment and/or product replacement in first year of contrcat is limited to a maximum replacement value of 50% of listed limits. All parts or equipment replaced become the sole property of ECM. Prior to the issuance of any replacement monetary allowance the annual contract amount must be paid in full.
22.APPLIANCE NOT COVERED: Foreign or Portable appliances, plastic parts, shelves, shelf supports, knobs, glass, cabinets, doors, door liners, door panels, handles, door slide rails, trim, light bulbs, LED lights, meat probe assemblies, rotisseries, wave touch appliances, cameras, Wi-Fi enabled devices, TV.
23.APPLIANCE REPLACEMENT- COVERAGE LIMITS: (optional coverage with higher replacement limits available) There is up to a $500 replacement limit on a covered refrigerator, Oven/Range, Oven/Microwave combo, Over/Range/Microwave combo, Double oven and Stack one piece washer and dryer. Up to $400 replacement limit on a covered washer and dryer. Up to $300 replacement limit on a covered dishwasher and Up to $200 replacement limit on a covered microwave or Garbage Disposal. Freon 12 is an obsolete refrigerant and any sealed system problems or modifications are not covered. Freon 12 equipment condemned by ECM shall be limited to a maximum replacement limit of $200. Receipt of new equipment purchased required, used equipment does not qualify.
24.APPLIANCE REPLACEMENT EXCLUSION: All communicating appliances, front-end loaders, portable appliances, ventless dryers, Heat pump dryers and all custom built-in appliances. Appliance replacement due to cabinets, cabinet parts, lids, doors, door liners, plastic parts, oven liners, refrigerator divider blocks, non-repairable icemakers and/or non- repairable ice and water dispenser, tubs, rusted tubs, plastic tubs, drums, rubber and wave-touch appliances. Glass and glass embedded electronics. ECM is not responsible for repairs or replacement of a product where the required part color is not available.
25.ELECTRIC WATER HEATER up to 50 gal. standard full size models only) Covers: Thermostats, elements, and temperature/pressure valve. NOT COVERED: Damage from rust, tank ruptures, fire, sediment and mineral build-up in tanks. Dip tubes, smells, time clocks, drain pans, gate valves, heat recovery, recirculation pumps, tankless water heaters, thermal expansion tanks, storage tanks, noise or solar systems, (electronic boards and controls) or adjusting temperature control and hard wiring.
26.GAS EQUIPMENT & GAS WATER HEATERS up to 50 gal. (Power vent heaters excluded) COVERS: Thermocouple, gas control valve, burner assemblies. NOT COVERED: Combustion chamber and vent piping. All terms, conditions and limitations from electric water heater apply. Gas equipment and/or gas water heaters are not covered unless listed as a covered gas product on front of contract. All gas parts are covered up to a total combined maximum of $50 max.
27.WATER HEATER REPLACEMENT COVERAGE: (optional coverage) (50 gallon max. standard residential size – electric only). ECM will supply you with a replacement water heater only if existing water heater ruptures. There is a $250 allowance replacement limit on a covered water heater that ruptures in the first year and is purchased through ECM and installed by ECM. There is a $500 allowance replacement limit after first year and water heater is purchased through ECM and installed by ECM only. There is a maximum replacement reimbursement limit of $250 after first year if customer refuses to use ECM for the installation. Homeowner shall pay all additional costs including permits, code requirements and electrical upgrades. Homeowner shall assume all responsibility for replacement of water heater prior to rupture and shall hold ECM harmless from any and all liabilities and/or damages incurred by homeowner. Does not cover tankless or hybrid water heaters, attic installations, above ground installations and non-available water heaters or water heaters that do not fit in the same location due to size.
28.PLUMBING & EXTENDED PLUMBING (3 bath max): Must include all bathrooms and kitchens. COVERED: Clearing of stoppages in fixture traps located on interior of home only, not behind walls or below the floor such as a shower, sink or bathtub drain, clearing of toilet stoppages up to the slab of the residence but not to exceed 2’ feet from toilet. Repair of standard two-piece toilets, toilet handles, flappers, ballcocks, flush valve, gaskets, tank bolts, wax seal, one piece toilets are covered for labor only, standard faucet aerators, cartridges and washers. Not Covered: Removal, replacement or installation of plumbing fixtures, toilets, sinks, faucets, loose faucets, handles, spouts, shower diverters, tub drain waste and overflow, shower valves, Shut off valves, angle stops, sink and tub stoppers, sink basket strainers, sprayers, turbo flush toilets, (water filters, lines and connections) plastic water lines, knobs, piping, toilet flanges, (foreign, upgraded or designer faucets and shower systems), bidets, solar systems, flow restrictions, PVC, CPVC and polybutylene pipes, pumps, saunas, steam rooms, roman tubs, roman tub faucets, and jacuzzis. Installation of mobile home water heaters. This contract does not cover repair, exploration or discovery of undetermined water leaks or any damages related to water leaks. ECM reserves all rights to condemn a toilet due to excessive clogs.
29.MAJOR PLUMBING (OPTIONAL): Repair of minor visible and accessible plumbing leaks on interior walls only. Leaks on copper pipes up to 1″ inch in diameter. Not Covered: Leaks below floors, or above ceilings or exploration or discovery of undetermined leaks or breaking into concrete walls.
30.DRAIN ROOTER SERVICE: interior of home only up to 10 ft. from fixture:(Optional) Covered up to $500 Clearing/snaking of accessible sink, bathtub, and shower stoppages behind walls and below floor. Toilets are limited to a max of 5 feet from fixture.
31.SEWER ROOTER SERVICE: (Optional) Covered single family homes only up to a max of $1,500: Main line lateral sewer stoppages that can be cleared by snaking through an accessible ground level cleanout or P-traps up to 75” feet from access point. NOT COVERED: Cost to locate or access cleanouts not found, or to install cleanouts, replacement of collapsed or broken pipes, camera inspections, excavation or jetting. Access through roof vents, stoppages caused by vent blockages or sewer line blockages outside the homes foundation, foreign objects, or roots even if within the homes main foundation.
32.WATER SERVICE LINE FROM HOME TO METER: (Optional) Covered single family homes only: Up to $1,500 max for repair and/or replacement of leaking exterior main water service line, for which you have sole responsibility, from your property boundary to the water meter that is damaged due to normal wear and tear. Not Covered: Repair and/or replacement of any service line that is not accessible such as buried under a driveway, branches off the main line, damage from accidents or negligence.
33.TOILET AND/OR FAUCET REPLACEMENT LIMITS: (optional) Covered: ECM is solely responsible to determine when equipment is non-repairable. Replacement of a covered product will be made only if the product suffers 100% total (not partial) functional mechanical failure. Not cracked, broken, dripping or abused and is deemed unrepairable and condemned by ECM only. At which time, ECM will supply you with a standard similar replacement faucet up to $150 or a two piece toilet up to $250 which ECM carries in stock. ECM is not responsible for matching brands, styles or colors. ECM will not install any customer supplied fixtures. You may purchase an upgraded faucet or toilet such as a TOTO toilet from ECM only. Toilets will not be replaced for continuous clogging of toilet caused by medical conditions and not related to a mechanical malfunction.
34.MINOR ELECTRICAL COVERS: Standard dimmer switches, wall switches, outlets and standard circuit breakers up to (60 AMP) located in interior of dwelling. Ballast to standard 4′, 6′, 8′ fluorescent light fixtures located in kitchen and bathroom ceiling only.NOT COVERED: Electrical system diagnostics, electrical wiring, main circuit breaker, buss bars, electrical panel, quad breakers, light bulbs, LED lights, installation of light bulbs, light fixtures, exhaust fans, GFI breakers, computerized systems and GFI Outlets in garage.
35.UNLIMITED PARTS COVERAGE: (Optional) Extends the parts coverage limit up to a combined maximum of $1,000 per incident on normally covered parts. Covers one of each product type only. Burners, Magnetron Tubes and Gaskets are excluded from this coverage.Covers labor to install warranty parts. Products must be registered with full warranties.
36.EXTENDED PARTS COVERAGE: (Optional) Extends the Parts Coverage Limit up to a combined maximum per incident. AC parts limited up to $300. Appliance parts limited up to $200. Burners, Plumbing limited up to $100. Magnetron Tubes and Gaskets are excluded from this coverage.
37.PARTS COVERAGE LIMITS: Covers one of each product type only. All covered parts are limited up to a combined maximum per incident. AC parts limited up to $200. Appliance parts limited up to $100. Plumbing parts limited up to $50. Burners and Magnetron Tubes are covered up to $50. Gaskets are covered up to $25.
38.RUST AND CORROSION EXCLUSIONS: Any replacement and/or repairs, parts, components, or failure of any equipment related to or caused by rust and/or corrosion is not covered.
39.PROCESSING FEES: Customer agrees to pay for code upgrades, modifications, permits, permit processing fees, refundable inspection fees, warranty processing fees, handling fees, installation fees, shipping fees, (pick-up & delivery fees) and shop repair fees required by ECM.
40.TRANSFER: No transfer of contract or equipment to or from another location is permitted, such action will void contract. Only a contract paid in full may be transferred/assigned to a new owner (required in writing) pending approval from ECM.
41.WINDSTORM: This contract does not cover any product damage, replacement or product failures related to or caused by windstorm damage or power surges. ECM at its sole discretion will make the determination as to what is not covered due to windstorm damage. Any equipment failure, such as electrical components, motors, compressors, thermostats, or circuit boards that fail, are damaged or are weakened due to wind, rain, power surges or any condition ECM deems is related to wind storm damage for a period of thirty days after the storm, will be repaired or replaced by owner at owner’s expense.
The following exclusions and any labor, material, work, handling or installations in addition to that specified in this contract will be furnished only on customer’s authorization and will be paid for by the customer as extras outside the service contract.
A.LINES, PIPES AND WIRING: This contract excludes all types of wiring, lines and pipes including, plumbing, refrigeration, electrical, gas, low voltage wire, water lines, PVC pipes, a/c condensate drain lines, drain lines outside the home or beyond the equipment, or common area lines or lines and pipes not accessible, such as within walls, under floors or above ceilings. Freon lines or Freon leaks in copper pipes including filter driers beyond the equipment are not covered.
B.MODIFICATIONS, DEFECTS OR RECALLS: Recommended by the manufacturer or otherwise for equipment already in service, including any repairs, parts, or replacement is not covered including modification repair kits, accessories, firmware updates or defects such as faulty refrigerator doors and/or ice and water dispensers not sealing properly is not covered. Including defects such as burned wiring and harness or broken wires and/or leaking Freon lines inside appliance walls and not accessible are not covered for repairs and/or replacement.
C.MANUFACTURER’S WARRANTY: The manufacturer must perform all necessary warranty repairs and the customer shall be responsible for all related cost such as service, labor, installation, shipping, parts processing fees, pick-up and delivery of parts, and handling fees. ECM shall not be responsible for the cost of servicing or replacement of such equipment, if such equipment is within the manufacturer’s warranty or if manufacturer fails to honor any portion of the original warranty. Including warranty products not registered or warranties not transferred to a new owner and not covered for the full warranty period are not covered by the contract and parts will be replaced by owner at owner’s expense. ECM will not provide labor to install any warranty parts.
D.ACCESS: Contract holder shall provide clear access to the equipment to be serviced. ECM is not responsible for moving any equipment for access. At customer’s request only, ECM may move customer’s equipment for access and customer shall hereby release and hold harmless ECM from any and all liabilities and/or damages incurred to equipment, floors, walls, counter tops, or ceilings while moving or repairing customer’s equipment. All two men jobs shall be billed as extras and paid for by the customer.
E.MOLD: ECM is not responsible for diagnosis, repair or remediation of mold, mildew, rot or fungus caused by any reason or associated in any way with the covered equipment or for any damage resulting from such substance, including without limitation, any health problems.
F.UTILITY BILLS: ECM is not responsible to determine the source of high utility bills or any reimbursement due to a mechanical malfunction.
G.DEDUCTIBLE CONTRACTS: Are required to pay a service fee for each product serviced on the same day. No deductible charge for a return second trip for the exact same malfunction on the same item serviced within 30 days of original service date.
H.SUSPENSION OF SERVICE: ECM reserves all rights to suspend service and not respond to any new service request if any fee, deductible or co-pay etc., has not been paid in full.
I.CLASS ACTION WAIVER: Any and all claims, disputes, or controversies (whether in tort, contract, common law or equity), arising out of or relating to this agreement, or the relationship between the parties hereto, shall be brought in the parties’ individual capacity only, and not as a plaintiff representing a Class, nor as a class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (Class Action). The parties expressly waive any liability to bring and maintain any Class Action in any forum including, but not limited to Arbitration.
J.ENTIRE AGREEMENT: This agreement is the entire contract between the parties. Parties agree to be bound by all terms and provisions of this agreement. Any and all work performed under this agreement shall be interpreted and enforced under these provisions.
K.CHOICE OF LAW: This contract shall be interpreted under the laws of Palm Beach County, Florida. Should any term of this agreement be deemed by a Court of competent jurisdiction to be unenforceable, such determination shall not affect the enforceability of the remaining provisions.
Content subject to change. Any reproduction printed or graphic without written consent of ECM is prohibited. © Copyright 2017 by ECM. Rev. 10/16/22