Comfort Plan Membership Agreement (Residential)

Introduction

This Membership Agreement (“Agreement”) is entered into by and between Northwood Mechanical (“Company”) and the undersigned customer (“Customer”). By enrolling in the Comfort Plan and/or authorizing recurring payments, Customer agrees to the following terms and conditions.

1. Covered Equipment And Included Services

This Agreement applies only to residential HVAC equipment located at the service address on file. For each enrolled HVAC system, Company will provide: one furnace tune-up per heating season; one air conditioner tune-up per cooling season; priority scheduling during normal business hours; a reduced diagnostic fee of 75 dollars for covered equipment; a 10 percent discount on repairs (parts and labor) performed on covered equipment; replacement of Customer-supplied standard 1-inch filters and humidifier pads during scheduled tune-ups; and a written maintenance and safety report following each tune-up.

If Customer elects the optional water heater maintenance add-on, this Agreement also applies to residential standard tank-type water heaters (gas or electric, non-tankless) located at the same service address. For each enrolled standard tank water heater, Company will provide one annual water heater maintenance visit consisting of a drain and flush where accessible, a visual and safety inspection, a temperature and pressure (T&P) relief valve test, a basic venting check on gas units, and a written maintenance and safety report.

2. Exclusions And Limitations

The Comfort Plan is a maintenance membership only. It does NOT include: consumable parts such as filters, pads, media filters, or UV bulbs; after-hours, weekend, or holiday emergency service; repairs, replacement parts, refrigerant, materials, or labor unrelated to scheduled tune-ups; cleaning or clearing of condensate lines, pumps, or drains; plumbing or electrical repair; indoor air quality equipment service; code upgrades, redesigns, duct modifications, resizing, or equipment replacement; damage caused by neglect, misuse, abuse, alteration, vandalism, pests, storms, power events, or prior improper installation by others.

With respect to any enrolled water heater, the Comfort Plan and water heater add-on do NOT include: repair or replacement of leaking or failed tanks, heat exchangers, or jackets; any water damage caused by leaks, ruptures, or discharge; anode rod replacement; expansion tanks; code upgrades or relocation; correction of improper venting or gas piping installed by others; or replacement of the water heater itself. Water heater maintenance does not guarantee against future leaks, failures, or loss of hot water.

3. Customer Responsibilities

Customer must provide safe, unobstructed, reasonable access to all equipment, including attics, crawlspaces, and mechanical rooms. Customer must keep outdoor units free of vegetation and debris, maintain filters between visits, and schedule tune-ups during Company’s designated seasonal windows. Company is not liable for minor incidental damage to access areas resulting from reasonable access.

4. Pre-Existing Conditions And Aged Equipment

Company is not responsible for pre-existing issues discovered during maintenance, including cracks, rust, rot, code violations, wiring defects, unsafe venting, condensate problems, or equipment nearing end of service life. Maintenance does not guarantee that any system—especially older units or water heaters—will operate without failure or leaks.

5. HVAC Water And Condensate Disclaimer

Customer understands HVAC and water heating systems generate and transport water. Company is not liable for water damage caused by clogged drains, failed pumps, frozen lines, improper installation by others, customer neglect, floor drain failures, or humidifier/dehumidifier overflow. Company is also not liable for water damage caused by leaks, ruptures, or discharge from any water heater tank, T&P valve, drain valve, or associated piping. Customer is responsible for ensuring floor drains and condensate and water heater discharge locations remain operational.

6. Smart Thermostat, Controls, Apps, And Wi-Fi

Company is not responsible for performance issues related to customer-installed smart thermostats, controls, apps, Wi-Fi loss, automation programming, updates, or manufacturer software problems. Customer settings, preferences, and programming are outside Company’s responsibility.

7. Payment Terms And Chargeback Policy

Customer agrees to pay 25 dollars per month per system, billed automatically in advance via the Company’s Squarespace-integrated payment platform. Customer authorizes recurring charges to the payment method on file. Payments are non-refundable except as required by law. Declined cards may suspend membership. Chargebacks are prohibited for services already rendered; Customer must notify Company and allow a reasonable opportunity to resolve any billing concern before initiating any dispute. Unpaid balances may incur collection fees and recovery costs consistent with Company’s standard Purchase Agreement terms.

If Customer elects the optional water heater maintenance add-on, Customer agrees to pay an additional 10 dollars per month per enrolled standard tank water heater, billed automatically in advance under the same payment authorization and chargeback policy described in this Section 7.

8. Term, Renewal, And Cancellation

This Agreement renews month-to-month. Customer may cancel with thirty (30) days written or electronic notice. If Customer cancels after receiving the included annual tune-up services for the applicable year, Customer agrees to pay the difference between membership pricing and Company’s standard 189-dollar tune-up rate for any services already provided. Company may cancel this Agreement at any time, with or without cause, by providing notice and refunding any unearned prepaid membership fees. For any enrolled water heater add-on, Customer understands that cancellation of the Comfort Plan automatically cancels the water heater add-on.

9. Non-Maintenance Service Calls

Membership does not include free diagnostics for breakdowns unrelated to maintenance. If Customer requests a service call for a no-heat, no-cool, no-hot-water, or functional issue on covered equipment, diagnostic fees are billed at the member rate of 75 dollars (50% off the standard 150-dollar service fee), unless Company determines, in its sole discretion, that the issue resulted directly from Company’s prior tune-up.

10. No Warranty; Disclaimer; Limitation Of Liability

This Agreement is not a warranty, insurance policy, service contract, or guarantee of performance. All manufacturer warranties remain solely between Customer and the manufacturer. Company disclaims all implied warranties to the fullest extent permitted by law. Company’s total liability arising out of or related to this Agreement is limited to the total membership fees paid by Customer in the twelve (12) months preceding any claim. Company is not liable for incidental, consequential, or special damages, including property damage, loss of use, discomfort, or inconvenience, except where caused solely by Company’s gross negligence.

11. Dispute Resolution, Governing Law, And Attorney Fees

Customer agrees to notify Company of any concern and allow inspection and a reasonable opportunity to correct issues before initiating any legal claim. This Agreement is governed by the laws of the State of Michigan. Legal venue shall lie exclusively in the state courts located in the county where services were performed. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorney fees and costs to the extent permitted by law.

12. Entire Agreement, Electronic Acceptance, And Severability

This Agreement constitutes the entire understanding between Customer and Company regarding the Comfort Plan and supersedes any prior verbal or written representations. Customer’s electronic acceptance—including checking an “I agree” box or activating recurring payments—is legally binding and the equivalent of a handwritten signature. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.