Home Energy Center (we) agrees to provide the Customer (you) a comprehensive maintenance program for the equipment listed on the front of this form. Our maintenance and service programs are designed to provide for specific needs of the equipment listed. This program will also satisfy the recommendation to have once-a-year maintenance from a licensed contractor as may be stipulated in your equipment’s original parts and labor warranty from us. All services will be scheduled, administered, monitored, and updated by Home Energy Center. All services performed are based on manufacturers’ recommendations, equipment location, run time, equipment type and our own experience. All services will be performed by trained technicians.

The annual investment to be paid by you under this Agreement is based upon the maintenance of the equipment listed on the face of this agreement. In the event additional equipment is added (or deleted) to your heating or air conditioning system, the same will be covered at an increase (decrease) of the annual charge. This agreement does not apply (1) to any diagnostic fees, trip charges, or additional cost associated with the service, repair, or opera-tion of any equipment not listed in this Agreement.

You may cancel this agreement by mailing a written notice of cancellation to us. If cancelled, you will receive a pro-rated refund of any multi-year payments made by you for the remaining term of this agreement. We reserve the right to immediately terminate this Agreement in the event you fail to fulfill payment terms contained on the front side.

This agreement is transferable to the subsequent owner of the home in which the equipment listed are located provided that we receive written notification of the sale of the property within 60 days of transfer.

Home Energy Center warrants work shall be free from defects in workmanship for a period of twelve months from the date said work was performed. Only the manufacturer's warranty is provided on any parts or materials provided in connection with the work. Our obligation for defective products and/or workmanship or any dam- age caused thereby, shall be limited to the replacement of any defective parts or workmanship and shall be conditional upon our receiving notice of said facts within an applicable warranty period(s). The foregoing warranties are exclusive and in lieu of all other expressed or implied warranties including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We shall not be subject to and disclaim all consequential, incidental and contingent damages whatsoever.

This Agreement sets forth the entire Agreement between the parties and supersedes all other Agreements either written or oral concerning the subject of this Agreement.