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1. What We Provide and Cover
This Residential Protection Warranty is between you (Client) and NY CITY BOILERS with an address at 2337 MCDONALD AVE, Brooklyn, NY 11223. This Warranty is available for residential customers located in one-OR-two family homes in Brooklyn , whose Equipment (as defined below) is used primarily for residential purposes. The Warranty provides coverage only for (a) gas fired central equipment with an hourly input no greater than 300,000 BTUs, and up to three heating zones (b) and at an additional cost, gas or electric water heating equipment with an hourly input no greater than 95,000 BTUs. All equipment must meet state and local installation codes.
2. When Service Starts
Coverage under each Warranty will commence within fifteen (15) business days after Ny City Boilers receipt of payment together with a copy of the Enrollment Form signed by Client, and will continue for one (1) year period subject to renewal as provided here. The Equipment must be in good operating condition on the day the Warranty takes effect. The Warranty does not cover pre-existing conditions. It is mandatory for Ny City Boilers to gain access as Ny City Boilers reserves the right to make an on-site inspection of the equipment before accepting the equipment for coverage under the warranty.
3. How to Obtain Service
Clients can obtain service under the Warranty by calling 718-373-3030. Ny City Boilers service center is available for calls 24 hours every day.
4. Our One-Year Warranty
Ny City Boilers warrants the Equipment to the extent and subject to the limits of the warranty provided by the manufacturer. Ny City Boilers warrants that, to the extent warranted by the manufacturer, all parts supplied by Ny City Boilers under the warranty shall be free of defects in design and workmanship. In addition, should any services or parts provided by Ny City Boilers prove defective during a one (1) year period following performance or installation, Ny City Boilers shall, at its option, either repair, replace or issue a credit for any such parts, or services: provided, however, that the defect was not caused in any way by the Client or Client’s agents. This warranty is expressly in lieu of any and all warranties, expressed or implied. Ny City Boilers makes no warranty that such parts are merchantable or fit for any particular purpose, and Ny City Boilers has made no warranties, affirmation of act, or promises, either express or implied, which extend beyond the face of this agreement. Ny City Boilers obligation to repair, replace, or issue credit for any defective part or service shall be Client’s exclusive remedy under this agreement
5. Client's Right to Cancel the Warranty
Client has the right to cancel his or her Warranty by written notice sent to Ny City Boilers within (20) days from the date Client returns the signed Enrollment form to Ny City Boilers . Client's written notice of cancellation must be delivered to Ny City Boilers at 2337 McDonald Ave., Brooklyn, NY 11223. If client made no claim under the Warranty within the 20-day period, the Warranty will be become void and all monies paid by the Client will be refunded within 30 days of receipt of cancellation.
6. Ny City Boilers Right to Cancel the Warranty
Ny City Boilers reserves the rights to cancel any Warranty on fifteen (15) days advance written notice sent to Client's last known address. If Client fails to provide access to the Equipment, if Client fails to service or replace any parts necessary to maintain the Equipment in good working order, or if Ny City Boilers determines that the Equipment is unserviceable at the time of Ny City Boilers first inspection of the Equipment, the Equipment does not qualify under the Warranty, there are unsafe working conditions at Client's premises, or the Equipment is not being used for its designed purpose. If the Warranty is canceled for any of the above reasons, Ny City Boilers will refund the Warranty price paid by the Client, less the cost of any services and parts provided by Ny City Boilers . Ny City Boilers can cancel the Warranty without notice (and seek a full recovery of its damages by Client) if the Client fails to timely pay the Warranty price, has made a material misrepresentation, or has substantially breached his/her duties relating to the equipment or its use. Any repairs or services provided after any cancellation of the Warranty will be billed at the same cost that a customer would pay who is not covered by the Warranty.
7. Warranty Renewals
Prior to the expiration of the terms of the selected Warranty; Client will be sent a renewal notice advising Client that the warranty is expiring and that payment is required to renew the Warranty and ensure continuous coverage. If Client does not wish to renew the Warranty, Client must advise Ny City Boilers before the expiration date by calling 718-373-3030. The Warranty will be renewed upon receipt of payment. Ny City Boilers reserved the right to change prices at the time of renewal.
8. Conditions Beyond NY CITY BOILERS Control
Ny City Boilers will not be responsible for any delays caused by its failure to obtain necessary parts or render appropriate services on account of or due to weather conditions, the acts of governmental entities, strikes or other labor difficulties, acts of war, or other causes or circumstances beyond Ny City Boilers control. In addition, Ny City Boilers shall not bear the cost of repairs or replacements due to vandalism, abuse, misuse, neglect, modifications not performed by Ny City Boilers , improper or insufficient maintenance by others, or any other cause beyond Ny City Boilers control. Client is responsible for all freight and shipping charges incurred when the company is required to acquire replacement parts from out-of-state sources.
9. Ny City BoilersLimited Liability
Ny City Boilers maximum liability under this Warranty shall not exceed the annual price paid by Client to Ny City Boilers. Ny City Boilers shall not be liable for any consequential or incidental damages of any nature, such as Client's loss of use of its facilities, loss or revenues, loss of anticipated profits, or the cost of replacement heat or water..Ny City Boilers is not responsible for any damage caused by and not limited to failed boiler or water heater parts such as floods, fire damage, electrical outage, property damage, etc.
10. Other Concerns
This Warranty contains the entire understanding of Ny City Boilers and the Client with respect to the subject matter hereof. Ny City Boilers may modify this Warranty unilaterally ay any time. Client may not assign the Warranty without the written consent of Ny City Boilers. Any action brought under the Warranty shall be commenced in an appropriate court located in Kings County, NY without regard to its principles of conflicts of law. These terms and conditions shall be governed by the laws of the State of NY. Ny City Boilers may assign all or any part of the contract, without the Client's consent, upon written notice, to any part of the contract, without the Client’s consent, upon written notice, to any entity that agrees in writing to assume Ny City Boilers obligations. Should any provision in this Warranty be deemed invalid or unenforceable, it shall not affect or invalidate the remainder of the Warranty. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Tune-Ups
Tune-Ups are an important part of extending the life of your equipment. Ny City Boilers Warranty includes an annual preventative maintenance and safety check. Our trained professional technicians are familiar with your gas-fired boiler. For your comfort and safety the following is just a partial list of what we will do:
- Check the thermostat.
- Clean and check the burner.
- Check for leaks.
- Replace sight glass (steam systems).
- Check electrical and gas connectors.
- Check for exhaust ventilation and clean the flue ways.
- Replace Filters (where applicable).
- Lubricate and adjust motors, circulators and blowers.
- Check safety valves and controls.
Parts Coverage
PARTS THAT ARE COVERED. A complete list of parts covered by this agreement is found herein. Interchangeable parts will be used when exact parts are not available. Guaranteed rebuilt/remanufactured parts will be covered by warranty addressed on the reversed side, Ny City Boilers will not install a replacement part if either (I) Ny City Boilers is unable to obtain a specific part or an acceptable interchangeable alternate part or (II) the removal of the defective part or the installation of a replacement part could do damage to the Equipment or create an unsafe condition.
WHAT WE DON’T COVER. Unless listed on the chart as noted, all other parts are not covered under the Warranty.
Unless prior written approval is received from Ny City Boilers, work performed (parts and/or service) by any person or entity other than Ny City Boilers is not covered under any Warranty. In addition, the Warranties specifically include all labor and materials for cleaning steam and hot water systems, or for the replacement of furnaces, boilers, boiler sections, humidifiers, and water heaters. The Warranties exclude any service that involves sheet metal work, or requires an electrician. The Warranties do not cover any materials, parts or labor required as a result of unusual circumstances, including, but not limited to, floods, fire, freezing, natural disaster, civil disobedience, riot, war, equipment abuse or the like. Clients are responsible for ordinary maintenance of the Equipment including, but not limited to, the replacement of air filters and thermostat batteries.
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