TERMS AND CONDITIONS

 

1. What We Provide and Cover
This Residential Protection Warranty is between you (Client) and Sessa's Licensed Plumbing and Heating Inc. This Warranty is available for residential customers located in one-to-three family homes in Brooklyn and Staten Island, 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 400,000 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 Sessa’s 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 Sessa to gain access as Sessa 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 718-765-4171. Sessa’s service center is available for calls 24 hours every day.

 

4. Our One-Year Warranty
Sessa warrants the Equipment to the extent and subject to the limits of the warranty provided by the manufacturer. Sessa warrants that, to the extent warranted by the manufacturer, all parts supplied by Sessa under the warranty shall be free of defects in design and workmanship. In addition, should any services or parts provided by Sessa prove defective during a one (1) year period following performance or installation, Sessa 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. Sessa makes no warranty that such parts are merchantable or fit for any particular purpose , and Sessa has made no warranties, affirmation of act, or promises, either express or implied, which extend beyond the face of this agreement. Sessa’s 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 Sessa's Plumbing within (20) days from the date Client returns the signed Enrollment form to Sessa's Plumbing. Client’s written notice of cancellation must be delivered to Sessa's Licensed Plumbing and Heating. 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. Sessa’s Right to Cancel the Warranty
Sessa 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 Sessa determines that the Equipment is unserviceable at the time of Sessa’s 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, Sessa will refund the Warranty price paid by the Client, less the cost of any services and parts provided by Sessa. Sessa 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 Sessa Plumbing before the expiration date by calling 718-765-4171. The Warranty will be renewed upon receipt of payment. Sessa reserved the right to change prices at the time of renewal.

 

8. Conditions Beyond Sessa’s Control
Sessa 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 Sessa’s control. In addition, Sessa shall not bear the cost of repairs or replacements due to vandalism, abuse, misuse, neglect, modifications not performed by Sessa, improper or insufficient maintenance by others, or any other cause beyond Sessa’s 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. Sessa’s Limited Liability
Sessa’s maximum liability under this Warranty shall not exceed the annual price paid by Client to Sessa. Sessa 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. Sessa 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 Sessa and the Client with respect to the subject matter hereof. Sessa may modify this Warranty unilaterally ay any time. Client may not assign the Warranty without the written consent of Sessa. 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. Sessa 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 Sessa’s 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. Sessa’s 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, Sessa will not install a replacement part if either (I) Sessa 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 Sessa, work performed (parts and/or service) by any person or entity other than Sessa 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.