Terms and Conditions
The following are the terms and conditions for use of the Nationwide Refrigeration, Inc (“NRI”) Preventative Maintenance Agreement (“PM Agreement”). Please read them carefully before using the Service. By signing the NRI PM Agreement each party agrees to be bound by these Terms and Conditions, including signed proposals, all payment terms, policies, practices, rules, standards and guidelines provided to Customer in writing (and/or available at https://www.nri-2.com/PMterms) related to the Services (collectively, the “Agreement”).
1. Prior to issuing this Agreement, NRI will inspect your equipment, scheduled Monday through Friday between 7:00 AM and 4:00 PM, except holidays.
2. Any repairs deemed necessary must be agreed to prior to issuing this agreement.
3. Should the Agreement be purchased and paid for at the time of repairs, the 10% material and $30 labor discount will be applied to the cost of repairs.
4. NRI reserves the right to reject any Agreement, if, upon inspection by our technician, equipment is found to be in poor operating condition.
5. Under this Agreement, we will perform an annual check, cleaning, and tune-up for each piece of covered equipment for each commitment term, scheduled Monday through Friday between 7:00 AM and 4:00 PM, except holidays.
6. It is the responsibility of the Customer to notify the company of desired dates for maintenance; we recommend scheduling at least four weeks to six weeks in advance.
7. As a PM agreement customer, you agree to be contacted via phone by a live representative, or a prerecorded message reminding you it is time to schedule your annual tune-ups for each piece of covered equipment. If you do not wish to receive these reminders, you can opt-out by calling us at 703-330-7500 or by email at info@NRI-2.com (Email)
8. You can schedule service by calling us or by completing a “Service Request” form on our website.
9. If you cannot accommodate a previously scheduled appointment, 24-hour notice is appreciated.
10. It is the responsibility of the customer to notify NRI if reasonable parking accommodations are not available. NRI may charge at cost if payment is required to park to service the customers location.
11. During prolonged extreme weather conditions – heat and cold spells – maintenance appointments may be rescheduled to accommodate Agreement members without heat or air conditioning.
12. Under the conditions of this Agreement the Customer at the covered location, agrees to:
Operate covered equipment according to the manufacturers and our technicians’ recommendations.
Promptly notify us of any unusual operating conditions of the equipment.
Schedule service appointments: NRI will not reimburse services not scheduled within the commitment term.
Permit only our service personnel to perform maintenance or repairs on the equipment. This clause can be waived if NRI is unable to accommodate a service request within 48 hours (about 2 days).
13. The base price of this Agreement is renewable annually automatically at the base price plus a 3% increase to accommodate for inflation.[TM2] [RS3]
14. The commitment period for NRI PM Agreement service is 12 months, unless otherwise noted on the PM Agreement, and will renew for a period of the same commitment length unless the customer notifies NRI via email or mail of cancellation no less than 30 days (about 4 and a half weeks) prior to the end of the commitment period.
15. You may cancel your Agreement before the commitment term is fulfilled by writing to us, stating that you would like to discontinue your coverage. Upon receipt of cancellation notice, your account will be reviewed and any services and/or discounts received under the terms of this Agreement during the current commitment term will be charged to the credit card on file. No additional payments will be processed.[JD4]
16. By subscribing to NRI PM Agreement, you authorize NRI to bill you through your credit card company or ACH payment in accordance with this Agreement. ACH payments are preferred.
17. You acknowledge and agree that NRI in its sole discretion, may suspend, discontinue or refuse any and all current and future access to or use of any portion of the services at any time without notice to you in the event NRI reasonably believes that you have breached this Agreement. You acknowledge and agree that NRI shall have no liability or responsibility to you for the termination in the event, you breach this Agreement, and that no portion of your fees will be refunded in such case.
18. The effective date of this Agreement is the date of receipt of payment.
19. This Agreement is non-refundable, in whole or in part.
20. There will be no refunds or credits for partial service. No exceptions will be made. Upgrades will be handled on a case-by-case basis. The customer agrees to submit any disputes regarding any charge to your account in writing to NRI within ten (10) days of such charge, otherwise, such dispute will be waived, and such charge will be final and not subject to challenge.
21. If you cancel the service before the end of your contract term, no additional discount, benefits, or other Agreement features will be valid.
22. The ownership of this Agreement is location-specific and transferable to a new owner within thirty (30) days of the change.
23. The rates for and in this Agreement may be adjusted annually to reflect current costs and warranty.
24. No service will be rendered under this Agreement if the customer has a past-due account with NRI.
Agreement Services and Benefits Defined
1. PM Agreement Discounts
This agreement covers cleaning, checks, adjustments, and air filter replacements as outlined in the document. Any additional repairs that are needed will be quoted to the customer with the following benefits applied by Tier:
- Priority Service
- Priority Service
- %10 Discount on material and equipment
- Priority Service
- %10 Discount on material and equipment
- $30 / hr discount on all service calls*
- No truck fees
*This includes our night and weekend rates which are higher than our normal hourly rates. A Saturday emergency service call will be charged at weekend rates less $30 per hour.
2. Priority Service
As a service Agreement member, you will always receive priority for repairs over non-members, resulting in same or next 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 to prevent loss of assets will take priority.
3. Refrigeration Preventative Maintenance Visit
Check: Overall condition includes cleanliness, wiring, motors, venting, condensate drain, etc.
- Clean or replace the system air filters
- Clear clogs and clean drain lines to ensure proper flow.
- Clean evaporator coils and condensers
- Replace worn belts
- Replace all air filters
- Replace water filters if included in contract or requested by customer at material price less 10%
- Inspect for remaining dust, mold, debris, etc.
- Check the refrigerant charge if a sight glass is present and check for any possible leaks
- If applicable: Check system for proper refrigerant charge level, superheat and subcool diagnostic.
- Follow manufacturers service guidelines
- Check final temperatures
4. HVAC PM Service Visit
Check: Overall condition includes cleanliness, wiring, blower motor and fan operations, and safety limit operation.
- Check thermostat for proper operation
- Clean evaporator coils and condensers
- Check/clean air filter if between replacement periods
- Check condensates drain for leakage, proper insulation, plumbing components, and traps intact, secondary drain in place, drains free from obstruction, drain pan free of biological growth
- Check evaporator coil and air flow
- Check fan and motor, tighten connections, check fan rotation, check the blower wheel for dust/debris, check bearings for proper lubrication
- Check all accessible refrigerant lines for leaks, kinks, crushed sections, or restrictions
- Check condenser coil for dirt/debris or damage
- Check condenser fan motor, tighten connections, check fan rotation, check lubrication
- Check system for proper refrigerant charge level, superheat and subcool diagnostic
- Follow the manufacturer’s service guideline
The labor charge as recorded relative to service and repairs performed under the terms of this Agreement is guaranteed for a period of twelve (12) months from the date the service is performed. NRI does not guarantee other parts than those we supply. If repairs later become necessary due to other defective parts, they will be charged separately.
5. Discounted repairs
Repair services performed while this Agreement is active are provided at a discounted rate of 10% off our standard repair charges for material (Gold and Silver Members only) and $30/hr off our standard labor rates (Gold Members only).
6. Referral Rewards
For every customer you refer to NRI who purchases a PM Agreement, we will reduce one payment cycle by 25%.
Exclusions & Disclaimers
1. NRI 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 NRI. Such instances will be caused 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.
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 the equipment.
NRI will maintain equipment covered by this Agreement. However, this is not an insurance policy. NRI is not an insurer and will not be held liable for any and all special or consequential property damage 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, NRI will not be held liable for a business not continuously occupied or damage that occurs during an extended period of time in which a location 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.
Any disputes arising under this Agreement will be governed by the laws of the State of Virginia. 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.
1. If any statement or clause of this Agreement is held unenforceable, it shall not negate any other clause or statement contained herein.
2. NRI and its agents are not qualified mold, mildew, or fungus inspectors. Under this Agreement, NRI 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.
3. NRI 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. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party. This Agreement constitutes the entire agreement between the parties regarding the use of the Services and the Agreement, and supersedes all prior or contemporaneous agreements, conditions, and understandings, whether oral or written, with respect to the Agreement and the Services. If any provision (or part thereof) of this Agreement is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms.
5. You agree to indemnify, hold harmless and defend NRI, at your expense, against any and all third party claims, actions, proceedings, and suits brought against NRI or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by NRI or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the NRI Services. In such a case, NRI will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. NRI reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6. NRI has the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting modified Terms and Conditions of the Agreement to the NRI website located at www.NRI-2.com/PMterms or such other URL as NRI may provide. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of NRI or (ii) you continue to use the Service after NRI has posted updates to the Agreement or to any policy governing the Service.
7. Each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party’s prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party. The term “Confidential Information” shall mean any information disclosed by one Party to the other Party in connection with this Agreement which is disclosed in writing or orally and is identified as “Confidential” or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by NRI that relates to the Agreement. Notwithstanding the foregoing, Confidential Information shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.