PREFERRED SERVICE PLANS TERMS AND CONDITIONS
This Service Agreement
Your Service Agreement (“Service Agreement”) consists of these terms and conditions as well as Your Declaration Page, which lists important information about Your coverage (“Declaration Page”) and is the entire agreement between You and Us.
This Service Agreement provides certain coverage for various items and/or systems (collectively, “System(s)”). The System(s) that You have coverage for are listed on Your Declaration Page.
This is not an insurance policy. This Service Agreement is between you, the Service Agreement holder listed on the Declaration Page (“You” or “Your”) and us, C.M.H., Inc., known as CroppMetcalfe (“Us”, “We”, “Our”, “Cropp”), the entity obligated to provide service, which is a subsidiary of HomeServe USA Corp. (“HomeServe”). We are responsible for providing Your benefits. We may use third parties to provide elements of this Service Agreement to You.
How can You contact Us?
8421 Hilltop Road, Fairfax, VA 22031 • Please see Your Declaration Page for Our phone number.
Who is eligible for this coverage?
An owner of a residential property with an address within Our service area that is registered with the United States Postal Service (“Home”). For Pest Control and Mosquito plans, a renter of a Home is eligible as well.
If You own a multifamily Home or multiple housing units, You must provide the specific mailing address for each Service Agreement You purchase.
For Termite plans: An initial inspection by Us will be required in order to determine that there is not an active termite infestation in Your Home. If an active termite infestation is found then it must be removed prior to any termite services being provided to You under this Service Agreement.
For Generator plans: Your Generator must have been installed and maintained by Us.
For HVAC Gold and Silver plans: Your System must be less than 10 years old and must pass inspection by Us, meaning it is working to manufacturer specifications.
Who is not eligible for this coverage?
Owners of recreational vehicles or homes intended to be moved
You must call Us for Covered Work.
What is Covered Work?
Please see Your Declaration Page for details on what Your Service Agreement includes. All work stated to be included on Your Declaration Page is Covered Work.
We will determine in Our sole discretion whether non-functioning materials and parts will be repaired or replaced. If, in Our sole discretion, Your System is not economically repairable We will provide You with a quote for replacement of Your System. Until Your System has been replaced no further service for that System will be provided to You under this Service Agreement.
What is not covered? (Applicable for parts and labor covered by Us under this Service Agreement)
Damages, losses or expenses, whether from accident, negligence or otherwise, caused by: (a) You or any person or entity other than Us or HomeServe or (b) unusual circumstances, meaning a natural disaster, act of God (such as fires, explosions, earthquakes, drought, tidal waves, extreme weather, and floods), war, riots, hostilities, strikes, work slowdowns, or acts or threats of terrorism.
Excluded Damages (see “Limits of liability”). Your rights and remedies may vary depending on the state where Your Property is located.
Correction of, or reimbursement for, any repairs made by You or anyone You hire.
Any correction, upgrade, or move of Your existing System(s) in order to meet any code, law, regulation, or ordinance, if not directly related to the Covered Work.
Any sections or parts of Your System(s) that are not installed according to code, law, regulation, or ordinance.
Any section of Your System(s) that is shared with any third party or is covered by a homeowners’, condominium or like association.
Troubleshooting of any Wi-Fi, internet and/or any security settings.
Replacement of any System(s), as well as any parts of System(s) that are not expressly stated to be included.
Any sections or parts of Your System(s) that are not stated to be covered on Your Declaration Page.
Pest Control additional exclusions:
Any damage to Your Home or any other property, and/or diseases, medical or other issues, caused by, or as a result of, pests, insects, rodents or other wildlife.
HVAC additional exclusions:
Electrical or plumbing work outside of the HVAC unit.
Coils, compressors, heat exchangers, electric heating elements and accessory parts unless covered by a manufacturer’s warranty.
What is a Service Call?
A visit to Your Home by Us where work is performed (“Service Call”).
Do You have to pay anything for a Service Call?
Please see Your Declaration Page for covered costs.
When can You request a Service Call?
As soon as Your Service Agreement begins.
How can You request a Service Call?
Call Us and a service representative will schedule the work to be performed. You will not be reimbursed for work not authorized by Us. Technicians must have safe and clear access to, and safe working conditions at and around the work area. In order to make a Service Call Your Service Agreement must be active and You must be current with Your payment(s) of the amount You agree to pay for this Service Agreement, as listed on Your Declaration Page (“Price”). Whether Your System(s) or parts of Your System(s) are to be repaired or replaced is entirely within Our discretion.
When will Covered Work be performed?
Monday – Saturday 7.30am-6.00pm EST (work outside of these hours may be subject to additional charges payable by You)
Planned maintenance inspections and treatments will be performed Monday – Saturday 7.30am-4.00pm EST
What is the Covered Work Guarantee?
For Plumbing work: We will arrange at Our expense and choice for repair or replacement of Covered Work which is defective in materials or workmanship for 12 months.
For HVAC, Generator and Electrical work: We will arrange at Our expense and choice for repair or replacement of Covered Work which is defective in: materials for 90 days; and workmanship for 30 days.
The above guarantees are collectively the “Covered Work Guarantee”. We disclaim any and all statutory or common law warranties (whether express or implied) other than the Covered Work Guarantee and any implied warranties that cannot be excluded under applicable law.
Term, cancellation and renewal
When does this Service Agreement start and how long is it?
Your Service Agreement begins on the start date listed on Your Declaration Page (“Start Date”) and continues for 12 months (“Term”).
Can You cancel?
You may cancel at any time by calling Us at 703-698-4205.
If You cancel within 30 days of the Start Date, You will receive a full refund less the cost of any work performed by Us.
If You cancel more than 30 days after the Start Date, You will receive a pro-rata refund less the cost of any work performed by Us.
Can We cancel?
We may cancel, with no less than 15 days’ notice to You: (a) for non- payment of the Price; (b) if We find that You already have coverage that is the same or similar to the coverage provided by this Service Agreement; (c) if We find that You are ineligible for this coverage; or (d) for Your fraud or misrepresentation of facts that are material to this Service Agreement or benefits provided under it.
We may cancel for any other reason on 60 days’ notice to You.
If We cancel for (a), no refund will be given. If We cancel for (b) or (c), We will refund the payments You have made less the cost of any work performed by Us. In all other cases You will get a pro-rata refund less the cost of any work performed by Us.
You will be notified in writing prior to cancellation. The notice will tell You when Your Service Agreement will be cancelled and why it has been cancelled. The notice period begins when We send the notice to You.
Will this Service Agreement automatically renew?
Unless You tell Us otherwise, Your Service Agreement will automatically renew at the end of every Term for another 12 months at the then-current renewal price. We may change the price at renewal. We reserve the right to not offer this Service Agreement upon renewal.
Receiving documents electronically
If You consent to electronic delivery, You can receive Your Service Agreement and all related documents to the email address listed on Your Declaration Page (“Email Address”). To update Your Email Address, or discontinue electronic delivery of Your documents You can call Us.
We may assign this Service Agreement, in whole or in part, at any time without prior notice to You. We may change this Service Agreement (including the Price) and delegate any of Our obligations at Our sole discretion and without Your consent provided We give You 30 days’ prior written notice of the changes. The changes will become effective 30 days after We send You the notice. You may not change this Service Agreement or delegate any of Your obligations.
You may not transfer this Service Agreement. Please contact Us if You move to a different Home.
Should any of these terms and conditions conflict with the laws of Your state they shall be deemed amended so as to comply with those laws. Should certain terms or conditions be held to be invalid or unenforceable, the remainder of these terms and conditions shall remain valid.
Limits of liability
To the fullest extent permitted by applicable law, (1) You agree that We and HomeServe, and both of our respective parents, successors, affiliates, approved technicians and Our and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of either Us or HomeServe shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the cost of work provided for in the “What is Covered Work?” section of this Service Agreement, relating to any work performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any work performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided under this Service Agreement, regardless of whether such damages were foreseeable and whether or not We or HomeServe or anyone acting on behalf of either Us or HomeServe have been advised of the possibility of such damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state.
Arbitration: YOU, CROPP AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS SERVICE AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM CROPP OR HOMESERVE, WILL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. This arbitration agreement applies to disputes no matter when they arose, including claims that arose before You and We entered into this Service Agreement. This arbitration agreement also applies to disputes involving the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of Cropp or HomeServe. In addition, this arbitration agreement covers any claims or causes of action against Cropp or HomeServe that You may assign or subrogate to an insurer. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules. The Federal Arbitration Act applies. Unless You and We agree otherwise, any arbitration hearings will take place in the county where Your Home is located.
Any party bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis.
THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By entering into this Service Agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a claim only on Your own behalf and cannot seek relief that would affect other parties.
Cropp will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges You for arbitration of the dispute.
BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.
IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU, CROPP AND HOMESERVE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver also applies to claims asserted against any of the officers, directors, managers, employees, agents, affiliates, insurers, technicians, approved technicians, successors or assigns of Cropp or HomeServe.
The following shall apply if inconsistent with any other terms and conditions of this Service Agreement:
For customers in Maryland: If You cancel within 30 days of the Start Date and the refund is not paid or credited within 45 days of the date of cancellation, a 10% penalty will be added to the refund for every 30 days the refund is not paid. If Your Service Agreement expires while approved work is being carried out, this Service Agreement will be extended until the work has been completed.