Maintenance Plan Terms
Maintenance Contract Terms and Conditions
Savings Plan Agreements
The terms and conditions listed in this section are applicable to all level savings plans and maintenance plans including EZ Pay plans, prepaid plans, and plans given as part of a promotion, incentive, or with the purchase of an HVAC system, fireplace, hearth, or fire pit service.
The following terms and conditions apply to Maintenance Plans/Savings Plans issued on or after 12/01/2014 (hereafter “Plan”, “Plans”, “Maintenance Plan”, or “Savings Plan”) between Magic Touch Mechanical, Inc. (hereafter “MTM” or “Company” or “Magic Touch Mechanical” or “Magic Touch Mechanical, Inc.”) and the equipment owner or authorized signer of the plan (hereafter “Customer” or “Member” or “You”). These terms and conditions become effective as of midnight 12/01/2014.
Customer agrees Magic Touch Mechanical, Inc. reserves the right to alter, add, omit, and/or remove plan benefits, terms, conditions, and/or prices at any time without prior notice. By purchasing a prepaid plan, EZ-Pay Plan, or authorizing a contract from Magic Touch Mechanical which includes a maintenance plan, including plans given as part of a promotion, incentive, or with the purchase of HVAC equipment, you agree to all of the terms and conditions listed herein.
- Customer agrees to hold MTM harmless and MTM will assume no responsibility and declare all guarantees, warranties, and remaining plan benefits null and void if equipment, components, accessories, or ancillary items connected to the equipment listed in the maintenance agreement are installed, serviced, altered, moved, repaired, or tampered with by anyone other than an MTM representative.
- Customer agrees to hold MTM harmless and MTM assumes no responsibility for the operation, performance, or condition of any equipment, components, accessories, or ancillary items purchased from, gifted from, or otherwise obtained by or installed by others prior to, during, or after the term of the plan.
- MTM assumes no responsibility and customer agrees to hold MTM harmless for delays or inability to do any required act caused by or resulting from Acts of God, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor, materials, or equipment, component or parts shortages, government regulations, unusually severe weather, pandemic, or other causes beyond MTM reasonable control shall not be counted in determining the time during which work shall be completed, whether such time be designated by a fixed date, a fixed time or a “reasonable time”, and such time shall be deemed to be extended by the period of such delay.
- MTM will assume no responsibility and declare all guarantees, warranties, and/or remaining plan benefits null and void should the plan lapse or expire for non-payment, insufficient funds, customer initiated chargeback for past service provided, reversal of funds, check cancellation, or customer cancellation of this or any contract past or present between MTM and the customer.
- EZ-Pay monthly cost will be automatically withdrawn from credit / debit account provided by the customer at current market price unless cancelled by customer in writing.
- Customer agrees to give MTM thirty days written notice prior to expiration or cancellation of credit debit account used for EZ-Pay monthly withdrawals, and provide MTM with new account information.
- “Cancel Anytime”, applies to EZ Pay plans only for members paying monthly. Prepaid plans are non-cancellable and non-refundable.
- Customer agrees two (2) free tune–up visits are included with all plan levels. Customer agrees Members are not “pre–paying” for tune–up visits and missed or cancelled visits have no cash value. Plan costs and payments entitle member to receive all other benefits/features listed and that the Members account must be current, with no payments in arrears to receive the free tune–up visits. Magic Touch Mechanical will do our best to contact Members with reminders to schedule free maintenance visits. MTM utilizes various forms of contact including phone, mail, and Email to schedule visits. MTM highly recommends Members reply promptly when contacted to schedule visits and/or contact us directly to schedule your visits when convenient for you. It is the Members sole responsibility to schedule all visits. No refunds will be issued for any unused visits or benefits. Missed visits cannot be accrued and if missed are automatically forfeited.
- Plan does not cover repairs or replacement of parts or components and no warranty is implied or stated.
- If payments are in arrears or customer cancels plan for any reason prior to completion of the term of the original plan, customer is responsible for paying in full for the plan, discounts used, and/or for services rendered to date at MTM’s current market rates immediately upon cancellation.
- MTM shall not be liable for loss, damage, injury or claims caused by a delay in service or repair, equipment malfunction, clogged drains, water damage, component failure, equipment mounting hardware failure, or any damages arising from a failure of the system, equipment, controls, accessories, power or water supply.
- Planned maintenance visits will be scheduled during normal business days/hours.
- Free diagnostic fee and discounted diagnostic fee benefit (when applicable) limited to two instances per twelve-month period.
- MTM’s ability to complete all plan features, benefits and tasks assume safe and reasonable accessibility to the property, equipment, components and/or areas (at MTM representatives sole discretion). MTM will not move furniture, appliances, fixtures, or building components or complete tasks that put him or her, others, pets, or property in jeopardy of potential harm of damage. Customer agrees to hold MTM harmless for tasks that cannot be completed.
- Guaranteed service within 24 hours will be provided during normal weekday business hours when the call was scheduled during MTM normal business hours with an MTM Customer Service Representative. MTM will provide customer with a free service call credit should we fail to fulfill this guarantee.
- All plan features (tasks) involving cleaning refer to “basic level” cleaning only, cleaning level required shall be determined by and at the sole discretion of MTM. More in-depth levels of cleaning will be billed at current market price less plan discount.
- **Equipment must be 10-years old or newer to qualify for the Extreme Plan. 3-Year Warranty on repair feature only applies to equipment still covered by the original manufacturer parts warranty. If equipment is no longer covered by the manufacturer parts warranty, this feature automatically reverts to a 2-year warranty on repairs made by MTM.
- Equipment must be brought up to manufacturer’s specifications prior to start of plan to qualify for Extreme Plan.
- Maintenance Plans and benefits have no cash value. There will be no cash-out options or refunds issued for any reason.
- Maintenance Plans given as part of a promotion, special offer, or included with the purchase of another product or service have no cash value and unless otherwise stated in writing are a Basic Plan. There will be no cash-out options or refunds issued for any reason on any type or level of plan including, prepaid plans, EZ Pay plans, or plans given as part of a promotion, special offer, or included with the purchase of another product or service. “Cancel Anytime” applies to EZ Pay plans only for members making monthly payments. All prepaid plans are non-refundable and do not qualify for the “Cancel Anytime” option. No refunds will be issued for unused visits or benefits during the term of any prepaid plan. Pre-paid plans cancelled for any reason are not eligible for a prorated refund.
- Any customer account not in good standing and/or with an unpaid balance due for any project previously completed or not completed will not receive any service or plan features until the account is back in good standing and unpaid balance payments are received in full.
- MTM reserves the right to refuse service, suspend service, or terminate a Plan agreement at anytime without notice.
- There is no agreement oral or otherwise which is not set forth herein.
The following Plan Features have been revised or removed from all current plans:
- REMOVED: “50% Repair Reimbursement towards new unit” (previously “Cash Back”): If within ninety (90) days of repair customer decides to purchase a qualifying complete new system from MTM to replace the repaired unit, MTM will credit the customer 50% of the cost of the repair up to the amount the plan allows. Reimbursement maximum amount: Extreme Plan $375.00 for repairs made in previous 90 days, Advanced Plan $250 for repairs made in previous 90 days, Basic Plan $50 for repairs made in previous 90 days.
- REMOVED: Refrigerator coil cleaning and bath fan cleaning plan feature/benefit assumes MTM representative can reasonably access coils and/or fans. Benefit limited to one refrigerator. Benefit limited to two bath fans. Refrigerator coils must be underneath the appliance and accessible without disassembly. MTM will not move refrigerators in order to access coils. Bath fans and refrigerator coil cleaning must be cleaned at MTM’s current rates prior to start of plan to qualify for Extreme Clean & Maintenance Plan.
- REMOVED: Return and supply register cleaning. *Return and supply register cleaning benefit limited to removing surface dust from reasonably accessible registers. Removal of register and/or higher level cleaning can be completed at an additional cost upon request. MTM will determine grills & registers that can be safely accessed. No furnishings will be moved for access. Accessing registers located above 8′, above stairwells, over plant shelves and other hard to access areas are at the sole discretion of MTM on a case by case basis.