Preventive Maintenance Plan Program
Terms and Conditions
Applicability
These Preventive Maintenance Plan Program Terms and Conditions (this "Agreement") govern the preventive maintenance program offered by Gengatorz Power Systems (the "Company") to the customer identified in the Purchase Agreement (the "Customer"). The Company shall perform the preventive maintenance services described in the Company's presentation guide provided to the Customer during the in-home consultation and reflected on the Company's website (the "Services") at the visit frequencies and price points set forth therein (the "Plan"). The Customer's purchase of the Plan and the Company's provision of the Services are subject in all respects to this Agreement.
1. Plan Enrollment and Eligibility
1.1 The Plan applies exclusively to compatible standby generator systems and covers preventive maintenance only. The Company will not perform Services on inoperable or non-compliant generator systems. When a generator is determined to be ineligible for Service, a complete diagnostic may be performed at additional cost to identify the corrective actions required to bring the system into compliance. Eligible findings include, without limitation, installation-related safety code violations identified during the initial onsite assessment.
1.2 Pricing is determined by equipment class (air-cooled or liquid-cooled) and the generator's nominal output rating, expressed in kilowatts, for liquid-cooled units up to 150 kW. Diesel-powered generators are not eligible for Plan pricing but may be offered as a standalone service subject to separate fees. Units with a nominal rating exceeding 150 kW are not eligible for Plans; however, one-time specialized service may be offered on a case-by-case basis.
1.3 Active Plans in good standing may be upgraded at any time, subject to additional fees not to exceed the price differential between Plans. All upgrades are billed at then-current prices, regardless of when the original Plan was first purchased.
2. Payment and Renewal
2.1 Payment is due in full at the time of enrollment or renewal. Special financing may be available upon request through the Company's preferred lenders. Partial or split payments are not offered at this time. Payment must be tendered in valid U.S. dollar currency. Acceptable forms of payment, subject to change without notice, include cash, check, and major credit cards (Visa, Mastercard, American Express, and Discover).
2.2 Each annual Plan has a one-year term measured from the effective date of enrollment or renewal. Plans renew automatically at the then-current rate at the end of each term. To opt out of automatic renewal, the Customer must notify the Company in writing prior to the start of the renewal period. The Company will use reasonable efforts to notify Customers of an upcoming renewal in advance, typically thirty (30) days prior to expiration; however, the Customer remains responsible for managing the Customer's renewal status. Cancellation or downgrade requests received after the renewal period are subject to the Company's sole discretion and are evaluated based, in part, on benefits and Services already received.
2.3 All Plan sales are final and non-refundable, except as required by applicable law. Plans are non-transferable and may not be assigned to another person, entity, property, or unit.
2.4 In consideration of the provision of the Services by the Company in accordance with this Agreement and the rights granted to the Customer under this Agreement, the Customer shall pay the fees set forth in the Plan. If the Company does not receive payment within thirty (30) days after it becomes due, the Company, in addition to any other legal and equitable remedies available, may:
(i) charge interest on the unpaid amount at a rate of twelve percent (12%) per annum or, if lower, the maximum rate permitted by applicable law, from the date payment was due until the date paid;
(ii) file a lien on the Customer's premises, or enter the premises and take possession of and remove all materials furnished by the Company in connection with the Services; and
(iii) suspend performance of all Services until payment is made in full.
2.5 The Company, in its sole discretion, reserves the right to require the Customer to pay a deposit prior to the provision of Services. Any such deposit will be credited against fees due under this Agreement as Services are performed. Any unused portion of the deposit, less actual costs incurred by the Company, will be refunded to the Customer upon completion of the Services or earlier termination of this Agreement.
3. Service Scheduling and Delivery
3.1 Routine preventive maintenance Services are performed according to schedule. Major Services are typically scheduled on the anniversary of installation or activation, or at a set interval following the most recently completed Service. When a Service becomes due, the Company will use all reasonable means to contact the Customer for scheduling, including telephone, text message, and email. Service appointments require Customer confirmation before a technician may be dispatched, and Services will not be scheduled or performed without confirmed access to the property.
3.2 The Company will make at least three (3) attempts to contact the Customer for the purpose of scheduling Service. If the Company is unable to reach the Customer, the Customer is responsible for contacting the Company to request a service visit. Failure to do so may result in the Service not being completed. Missed Services will not be rescheduled or provided after the Plan expiration date; in such cases, the Plan must be renewed before
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