Shaw s Incorporated Winterization Agreement Terms & Conditions 1. Prior to issuing this agreement, Shaw s Incorporated will inspect equipment to be covered by this agreement. Inspections will be scheduled Monday through Friday between 8:00 AM and 4:30 PM, except holidays. Any repairs deemed necessary must be completed prior to issuing this agreement. These repairs are billable at normal rates and must be paid before issuing the agreement. Should the agreement be purchased and paid for at the time of repairs, the mobilization fee will be deducted from the price of the invoice. In order to be covered by this Agreement, all Winterization Agreement customers are required to have both a curb stop (an in-ground valve between the water meter and the house) and a main shut-off valve for their homes before coverage begins. Shaw's Incorporated reserves the right to reject any agreement, if, upon inspection by our technician, equipment is found to be in poor operating condition. 2. Under this agreement, we will provide a qualified technician for winterization and dewinterization services under the Agreement during normal business hours: Monday through Friday, 8:00 AM to 3:30 PM, except holidays. It is the responsibility of the homeowner to notify the company of desired dates for service; we recommend scheduling at least four weeks to six weeks in advance. Should the homeowner fail to make these arrangements prior to extreme weather conditions, he or she will solely be responsible for any damages that may result from freezing or thawing temperatures. You can schedule service by calling us or by completing a Service Request form on our website. If you cannot make a previously scheduled appointment, 24-hour notice is appreciated. If we are not able to access your home for a scheduled appointment, a $55 No-Show fee will be charged. Page 1 of 6
3. Under the conditions of this agreement, you, as homeowner of the covered location, agree to: operate covered equipment according to the manufacturer s and our technicians recommendations. promptly notify us of any unusual operating conditions of the equipment. permit only our service personnel to perform maintenance or repairs on the equipment. 4. The base price of this Agreement is $295. This price covers winterizing and de-winterizing a kitchen sink with disposal, 1 hose bibb, 1 outside shower, water supply lines to the washing machine and dishwasher, 1 ice maker and up to 2.5 bathrooms. For each fixture additional to those included above, $15 will be added to the Agreement For each additional outdoor shower or hose bibb over 1, $15 will be added to the Agreement For each additional ice machine, $15 will be added to the Agreement For each additional water heater, $15 will be added to the Agreement For each Whirlpool tub inside the house, an additional $15 will be added to the Agreement For each bathroom additional to those included above, $30 will be added to the Agreement 5. The effective date of this agreement is the date of receipt of payment. This agreement is non-refundable, in whole or in part. The ownership of this agreement is location-specific and transferable to a new owner for $50, up to 30 days prior to the expiration. Within 30 days of the expiration, the agreement is nontransferrable. The rates for and in this agreement may be adjusted annually to reflect current costs and warranty. No service will be rendered under this agreement if the customer has a past-due account with Shaw s Incorporated. Page 2 of 6
Equipment Coverage 1. When exposing the normally wet or submerged plumbing in your home to dry, cold air over the winter months, parts and pieces can and will dry out, crack and/or shrink. Particularly vulnerable parts and pieces include, but are not limited to o-rings, washers, gaskets and faucets. This damage is considered normal wear and tear, and therefore is not covered or guaranteed under this or any of Shaw's Incorporated Agreements. 2. Although we will winterize and de-winterize the water supply lines to the washing machine and dishwasher, Shaw's Incorporated, does not service or repair appliances. 3. Winterization and de-winterization of one water heater is included in this Agreement although service and repair of the water heater is covered under a separate Agreement. 4. Shaw's Incorporated does not cover the following under this Agreement: exterior plumbing, leaking or damaged shut-off valves and damages resultant from leaking or damaged shut-off valves, frozen pipes or fixtures or damages resultant from frozen pipes, motors or electrical wiring for Whirlpool tubs, sewer ejector pumps or sump pumps, Polybutylene piping and derivatives thereof and water heaters. They are covered under a separate Agreement. Also, please note that Shaw's Incorporated does not repair appliances. 5. All other service or repairs not listed as covered under this Agreement or addressed here will be billable at, appropriate rates. 6. Shaw's Incorporated reserves the right not to replace parts and equipment - even if they are covered under manufacturer s warranty - in the event that replacement will not correct the problem or will cause damage to the part in question. Page 3 of 6
Winterization/De-winterization Coverage 1. As part of the winterization service, Shaw's Incorporated will provide a qualified technician to perform the following: shut off the main water service underground shut off the well pump, when applicable drain water system clear piping of water using compressed air treat traps and toilets with anti-freeze clear solenoid valves at dishwasher clear solenoid valves at ice maker clear solenoid valves at clothes washer treat dishwasher with anti-freeze treat clothes washer with anti-freeze 2. During de-winterization service, the opposite services will be executed. Fixtures and pipes will be tested for proper water flow and pressure and a complete audio-visual inspection of plumbing system and fixtures within the home will be performed. 3. After water pressure builds in a plumbing system, it is possible for leaks to occur even several days after a de winterization has been completed. Shaw s Incorporated will not be held liable for any damage that may occur should a pipe, fixture, etc. leak after we have left the premises. 4. Any contents left in refrigerators at the time of winterization will be disposed of. Page 4 of 6
Repair Coverage 1. This Agreement includes parts and labor for necessary repairs to covered equipment, Monday - Friday, 8 AM to 3:30 PM. Repairs performed on holidays, weekends and after normal business hours will cost $110 per occurrence, to be paid by the customer at the time of the repair. 2. As a service agreement member, you will always receive priority for repairs over nonmembers, generally resulting in same day service. During high-volume periods, please help us take care of you by allowing us to schedule your repairs according to need: repairs for safety issues, repairs for medical needs, especially during extremely high or low temperatures, and repairs for no water or no hot water. Exclusions & Disclaimers 1. Shaw's Incorporated cannot cover or be held liable for the following under this or any of our agreements: Acts of nature. Work performed or materials provided by individuals or companies other than Shaw s Incorporated. Such instances will be cause to terminate the company s obligation under this agreement. Repairs to products beyond their useful life, for cosmetic purposes, or to parts no longer available. Work or changes which at some future date may be required by government, codes or insurance. Freight or shipping charges for special order, rush order, or other parts. Energy or fuel costs associated with the covered equipment s operation. 2. Shaw's Incorporated and its agents are not qualified mold, mildew, or fungus inspectors. Under this Agreement, Shaw's Incorporated and its agents expressly disclaim any duty to inspect or identify or report the presence or growth of any mold, mildew, fungus, or any combination thereof, on or around any equipment covered by this Agreement. Page 5 of 6
3. Shaw's Incorporated and its agents will be held harmless for any damages, including special damages and consequential damages, caused by the presence or growth of mold, mildew, fungi, or any combination thereof that is due to or related to equipment or failure of equipment covered by this Agreement. 4. This agreement may be subject to change without notice. The current agreement will always be available for download on-line or by calling our office. You may update your contact/account information by calling our office or sending us an e- mail at info@shawsair.com and receiving a confirmation e-mail. The services to be performed under this Agreement are not a guarantee against obsolescence, normal wear or malfunctioning due to misuse or negligence nor shall inspections be construed as an approval or guarantee of the condition of equipment. Any modification of these terms and conditions, written or otherwise, renders the Agreement null and void. Shaw s Incorporated will repair and maintain equipment covered by this Agreement. However, this is not an insurance policy. Shaw s Incorporated is not an insurer and will not be held liable for any and all special or consequential property damages due to or related to equipment or failure of same, including water damage due to leaks from condensate lines, indoor coils or water lines. Furthermore, Shaw s Incorporated will not be held liable for a home not continuously occupied or damages that occur during an extended period of time in which a home is vacant. Upon acceptance of this Agreement, the Customer warrants that all work areas are free of hazards (asbestos, insects, poison ivy, chemicals, mold, etc. ) and to clear or have cleared the property of any hazards or debris that would impede or prohibit an expeditious, professional installation or repair. In the event that a hazard is discovered during the course of work, all work shall cease until the Customer has taken proper abatement of the hazard at the Customer s expense. Work will be performed unless postponed by strikes, accidents, extreme weather conditions or other delays uncontrollable by the Company. This Agreement represents the entire agreement of the parties with respect to the services bargained for. This Agreement supersedes any previous or contemporaneous agreements, conditions, and understandings, whether oral or written. Any disputes arising under this Agreement will be governed by the law of the State of Maryland. The Customer agrees to pay reasonable attorneys fees as part of any judgment against him/her arising from the enforcement of this Agreement or the invoice. If any statement or clause of this Agreement is held unenforceable, it shall not negate any other clause or statement contained herein. Page 6 of 6