Ryan Inc., ComfortPlus© Maintenance

Preventive Maintenance - Ryan shall provide the labor and components to perform the applicable building system Preventive Maintenance items.

Priority Service - Ryan shall provide emergency Priority Service. Priority Service (available only to ComfortPlus© Clients) shall be queued in front of all non-priority service.

Free Diagnostic - Ryan shall provide free Diagnostic Service on covered equipment to ComfortPlus© clients.

Discount - Work not covered will be billed at Ryan’s normal rates less a 20% discount.

Documentation - As equipment is serviced, Ryan shall collect, maintain and make accessible all available specifications, instructions, owner/service manuals and service records for each system covered.

Coverage - All systems registered and billed shall be covered under ComfortPlus© and shall include all components. Ancillary items such as air cleaners, humidifiers, etc. shall be included and priced accordingly.

Warranty & Liability - All work shall be completed in a workmanlike manner according to standard industry practices. Ryan shall not be liable for direct, indirect or consequential damages, injuries or losses (including, but not limited to, damage to premises, environmental damage, loss of revenues/profits, loss of use of equipment/facilities, intangible losses or the cost of procurement of substitute goods/ services) arising from the failure, inoperability or malfunctioning of any serviced or installed building system. This Warranty constitutes the entire warranty provided. This warranty is exclusive and is in lieu of all other warranties, whether written, oral or implied, including the warranty of merchantability and the warranty of fitness for a particular purpose.

Access - The customer shall provide access to the system at a convenient time for both parties in order to perform ComfortPlus© services. Customers shall contact Ryan to schedule a convenient time for access.

Price - ComfortPlus© pricing is stated on the ComfortPlus© Registration Form. The price is based on the ComfortPlus© term and not on the value of services rendered. There shall be no reimbursement of charges in the event that preventive maintenance services are not rendered.

Discounts - Major-equipment (i.e. non-ancillary items) coverage at one location shall be entitled to the following discounts: 5% for 2 to 3 systems, 10% for 4 to 7 systems, 15% for 8 to 16 systems, 20% for 17 to 32 systems, 25% for 33 to 64 systems, and 30% for 65 or more systems. Discounts cannot be combined with any other special offer.

Payment - Charges and payment shall be made automatically on the first of each month by credit card or ACH checking account transactions.

Coverage - ComfortPlus© coverage shall commence on the date signed. ComfortPlus© has a minimum period of 12 months.

Renewal - ComfortPlus© shall automatically renew monthly. The renewal may contain changes in both price and content and shall automatically reflect the current state of equipment.

Termination - Either party may cancel ComfortPlus© by giving a written notice. Coverage shall end at midnight on the day the notice is received. If ComfortPlus© is canceled by the Customer, the Customer agrees to have paid a minimum 12 months of ComfortPlus© value for each maintenance completed. If ComfortPlus© is canceled by Ryan, the Customer agrees to pay the prorated ComfortPlus© amount up to the cancellation date. If ComfortPlus© is restarted after a termination, the Customer agrees to pay for the terminated period.

Terms - Sales are non-refundable. Past due balances over 30 days shall be subject to a monthly finance charge of 1½%, a $25 per month late-payment fee, and administrative costs incurred. There shall be a $25 handling fee for returned bank items. Accounts placed into collection shall be liable for collection fees equal to 33% of the unpaid balance. If payment is not made as agreed, Client authorizes payment by all means necessary including, but not limited to, access to credit card and bank accounts on file. Client also authorizes Ryan to suspended ComfortPlus© coverage.

ADR - Should a dispute arise, Ryan employs an Alternative Dispute Resolution (ADR) System: First, the party who has a dispute can notify the other party that there is a dispute and would like to resolve it using Informal Mediation, either verbal or written. This is an informal process where, within 48 hours of the Notice, the other party will review the specifics of the dispute and attempt to resolve the matter. Second, if the matter cannot be resolved using Mediation, both parties agree to Binding Arbitration using the American Arbitration Association. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Information about the American Arbitration Association can be found on the Internet at www.adr.org. If the Claim is less than $3,000, both parties agree to reserve the right to pursue this matter in Small Claims Court.

Arbitration - This agreement provides that all disputes between you and Ryan will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. The arbitration procedures are simpler but more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

Changes - These terms and conditions constitute the entire agreement between Ryan and the Customer. The terms and conditions may be changed only by a written agreement signed by both parties.