Comfort Monster Legal – Terms and Warranties
Standard Terms and Conditions (“TERMS”)
Acceptance of a proposal or estimate from us may be deemed a home-solicitation sale as
defined in state or federal law. You, the buyer, may cancel such a transaction at any time
prior to midnight of the third business day after the date of the transaction. You will be
provided with a Notice of Cancellation form for an explanation of this right.
For reasons of urgency or emergency, you may request us to commence work before your
right to cancel has expired. You will also be provided with a request form to make this
request. Please be sure you receive these documents with your Estimate and that you read
and understand them.
Other Terms and Conditions
All proposals are subject to revocation if not accepted within 30 days but shall remain binding if
services or installations are allowed by you and carried out by us pursuant to the proposal.
Additions or deletions to be confirmed in writing. Service work to be paid by cash or credit card
in advance or immediately upon completion at our option. Payment arrangements for major
repairs and installations must be made in advance. Collection costs, including interest and
attorney fees, will be charged for any unpaid balances. Comfort Monster does not offer open
accounts or consumer credit. Ask us about financing options through our financing partners.
Sensitive personal information requested pursuant to financing passes directly through to our
financing partners and is never held by us.’
We guarantee our work will be completed to industry standards. All equipment installed is
covered only by the manufacturer’s limited warranty, and COMFORT MONSTER MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, OUR SOLE RESPONSIBILITY BEING
TO ASSIGN TO YOU ANY MANUFACTURER’S WARRANTIES. We may, at our discretion,
repair or replace equipment under warranty and process a warranty claim on your behalf with the
manufacturer. WE SHALL BE UNDER NO OBLIGATION TO DEFEND OR INDEMNIFY
ANY PARTY AGAINST ANY CLAIMS ARISING FROM DEFECT OR FAILURE OF A
MANUFACTURED PRODUCT, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY
CLAIMS ARISING FROM PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER
CAUSES. WE ARE NOT RESPONSIBLE FOR DELAYS BEYOND OUR REASONABLE
CONTROL. IN NO EVENT SHALL WE BE LIABLE FOR A SUM GREATER THAN THE
AMOUNT PAID FOR PARTS AND INSTALLATION.
Notwithstanding the foregoing, we offer service, maintenance and repair agreements for repairs or replacements excluded by our limited warranty and which are subject to separate terms.
Service Plans
Any agreements to reduce or not charge you for equipment replacement, parts, labor or maintenance under our MonsterCare Plans are supplemental cost and pricing agreements only and do not replace or modify any provisions, warranties or limitations of liability described in the TERMS and WARRANTIES paragraphs herein. Failure to follow recommended preventive maintenance guidelines may result in additional charges for resulting repairs that may not be covered by our Plans.
Service and Repairs
Repair Warranty
Our workmanship and parts are guaranteed for 2 years on most repairs.
If the same problem recurs within 2 years from the date of the repair, we will fix it at no charge. A diagnostic charge will be charged to investigate the issue and determine what the issue is, but if the issue is determined to be a problem we have already fixed less than 2 years previously, you will only be charged the diagnostic.
Refrigerant leak repairs or the addition of refrigerant is not covered by a warranty as gradual loss of refrigerant can occur over time without fault or failure of your system. If a major component is repaired or replaced due to a warranty issue, refrigerant will be restored to normal levels.
Recalls
No charge if improper operation is reported within 14 days of the prior repair.
If your system stops working properly within 14 days of a service visit, please let us know promptly, and we will return to diagnose the problem with no diagnostic fee due. If a new problem is the cause of the malfunction, you will only be charged for the new repair. If it’s the same problem that we previously fixed (see repair warranty), then there will be no new charges.
Repair/Replace Assurance
Get a partial credit on a new system if you make a repair and have another problem within 2 years.
Sometimes making a smart decision between a repair and complete system replacement is a difficult decision. We can make it easier. If you choose to complete a repair over $500 and something else breaks within 2 years, we will credit the pro-rated value of the original repair toward a system replacement. For example, if you complete a $500 repair and then experience another problem in 6 months, we will credit $375 if you choose to replace the system with Comfort Monster rather than repair it again ( $500 * (24 -6 mos) / 24 mos = $500 * 75% of 2 yrs remaining = $375).
New System Warranty
Initial Warranty
When you purchase a complete HVAC system from Comfort Monster, we provide a full 1 year labor warranty and MonsterCare preventative maintenance agreement at no additional cost.
The manufacturer warranty will always govern parts warranties. Comfort Monster is not responsible for the cost of any parts not covered by a manufacturer warranty. See Manufacturer Warranties section for more information.
Additional Warranty with MonsterCare ™
For residential customers, after 1 year, you may optionally continue your MonsterCare service and as long as you continue to renew and are in good standing with Comfort Monster we will continue to provide a labor warranty on any repairs for up to 10 years from the date of installation.
- Traditional “split” or “packaged” HVAC systems from Carrier, Trane, or Bosch are eligible for the full 10 years as described above.
- Mini-split, packaged terminal AC’s (PTAC) Goodman or other HVAC products are limited to 5 years.
- Thermostats and other accessories are not eligible for labor warranty beyond 1 year.
“Consumable” parts are not covered. Consumable parts are parts that are expected to be used up or wear out long before the system reaches the end of its life. These include small parts such as capacitors, contactors, ignitors, and flame sensors.
Existing drainage components are not covered. We usually connect new equipment to your existing drainage system. Repairs or damage caused by leaks, blockage or improper design of existing drainage systems are not covered in our warranty. We may quote separately for repairs or replacement of drainage systems.
When we replace your system, we also connect the new one to your existing ductwork, flue venting, and electrical wiring. We may suggest and provide a quote for additional repairs or replacements to these components, but we are NOT responsible for repairs, replacement or damage caused by things we didn’t quote for and/or replace. Period.
Comfort Monster strives to provide excellent service. However Comfort Monster reserves the right to refuse or withdraw services including extended warranty coverage from any customer who is abusive or publicly disparages the company. Fair, truthful and objective reviews are always welcome, even if we occasionally miss our target.
Diagnostic Charges
After the first year, a diagnostic service fee will be automatically charged for all service calls but this charge may be waived if the issue relates back to installation or prior repair.
Warranty Exclusions
Power
Power issues such as lightning, brown outs, or other anomalies causing the failure of electronic or electrical parts are generally excluded from warranty coverage. Wherever feasible we recommend installing whole-house surge protectors that may protect or limit damage to HVAC equipment and other household electrical devices. In addition, your home insurance will typically cover damage from specific events and may offer discounts if whole house protectors are installed. Manufacturers of whole-house surge protectors may also reimburse you in the event of damage to connected equipment. Read and understand all 3rd party warranties and insurance policies carefully. In the event of damage, Comfort Monster will assist you in providing an opinion on cause but you must file your own claims with insurers or other parties.
Thermostats
Thermostats will be covered for replacement labor under manufacturers warranties for up to one year. A fee of $50 will be charged for processing warranty claims against the manufacturer.
Unusual and unavoidable conditions or occurrences.
The common legal term is “force majeure” but what this really means is floods, major storms, war, pandemics, civil unrest and similar situations. Under these conditions Comfort Monster may suspend services until the situation has returned to normal. If your system is damaged by these events, your warranty is not applicable and the appropriate claim is through your homeowners insurance
Improper Use
Improper use of your HVAC system or accessory, including any of the following, will void any warranty from Comfort Monster (and likely from the manufacturer as well). Improper use may include:
- Setting and/or maintaining a system temperature below 68 degrees for cooling or above 80 for heating.
- Not replacing or keeping replaceable filters clean.
- Not maintaining a regular service plan such as MonsterCare.
- Closing vents or restricting airflow.
- Attempting to repair the system yourself.
- Not maintaining appropriate separation or insulation from outdoor weather
- Any use for a purpose other than that intended by the manufacturer.
Drainage, Condensation, Mold and Mildew
Condensation is a natural result of cooling moist ambient air. Condensation remaining in your system has many causes, not all of which reflect a problem or improper installation of your system. However, if not corrected serious damage or health concerns can result. Contact us immediately if you notice condensation anywhere in your home. Comfort Monster offers options to transfer condensation safely to the outdoors and minimize indoor condensation and reduce risks. Please talk to us about the best plan for your home. For warranty coverage your system must have proper drainage and/or safety switches to handle unusual environmental conditions creating excess moisture. Optional drainage or safety switch installations may include a “ceiling saver” guarantee which will be clearly described in your estimate.
Comfort Monster will work with you to prevent or eliminate condensation, but absent gross negligence by the Company in its work, we will not accept liability for physical or biological (mold, mildew) damage to your property caused by excess moisture in the home or any resulting consequential damages.
Manufacturer Warranties
For installation of new equipment by Comfort Monster, we assign all manufacturers warranties relating to your system which have their own terms and conditions. Many manufacturers require registration of your equipment to be eligible for warranty and coverage may be limited to the original system purchaser. Typical manufacturers warranties are five to ten years based on their specific terms. Verify your warranty with the convenient links below.