LIMITED LIFETIME LABOR WARRANTY/GUARANTEE
Michael & Son Plumbing Heating Cooling and Electric, Inc., a Virginia Corporation d/b/a Michael & Son Services (“Michael & Son”), warrants and guarantees to the original purchaser (“Customer”), that should Customer accept and purchase Michael & Son’s recommended repair (“Covered Repair”) or Replacement (see definitions below), such repair/replacement shall be free from defect in materials and workmanship under normal use and conditions for as long as the Customer owns the residence in which the Covered Repair was performed or until the Unit in which the Covered Repair was performed, if applicable, is replaced (“Limited Lifetime Labor Warranty/Guarantee”). This Limited Lifetime Labor Warranty/Guarantee shall hereinafter be referred to as this “Warranty.”
This Warranty shall apply only to the recommended Covered Repair(s) and Replacement(s) performed by Michael & Son and as explicitly indicated on the Customer’s sales invoice. All non-recommended repairs and all non-repair services, including without limitation, drain cleaning services, Acrylic Bath Solutions and HVAC installation services, if performed by Michael & Son, shall be covered by Michael & Son’s applicable warranty as explicitly indicated on the appropriate sales invoice issued to the Customer. This Warranty does not cover normal wear and tear or consumable products including, but not limited to bulbs, batteries, filters, refrigerant, leak tests, coil cleanings, fuses, or certain safety devices that have a limited lifespan including without limitation smoke and carbon monoxide detectors. This Warranty does not extend or apply to customer supplied equipment or materials. This Warranty does not apply to equipment that was not installed by Michael & Son; repairs that were not performed by Michael & Son; or repairs made necessary due to failure of a non-covered part causing damage, whether in whole or in part, to the Covered Repair.
Michael & Son shall not be responsible for and this Warranty shall be void in the event of damage or repairs resulting from abuse, misuse or improper use, neglect, Acts of God, unauthorized alteration, modification or repair including repair or service of the Covered Repair by others, or improper operation. This Warranty shall be void if Customer does not finalize permit inspections (if required), which is Customer’s obligation, or if the Customer fails to perform the manufacturer’s suggested maintenance or upkeep on the Covered Repair.
Customer agrees that Michael & Son’s responsibility with respect to claims made under this Warranty shall be limited solely to the necessary service and repairs or replacement, at Michael & Son’s sole option and discretion, the replacement of the Covered Repair if found by Michael & Son in its sole discretion to be defective. If Michael & Son determines that the Covered Repair will be replaced under this Warranty, Michael & Son does not guarantee that the identical make or model of parts used in the Covered Repair will be available and thus reserves the right to use parts of approximately equal size and performance as those used in the original Covered Repair. This Warranty shall terminate and become null and void if and when, as determined in Michael & Son’s sole discretion, the original parts used in the Covered Repair and parts of approximately equal size and performance are no longer available and Michael & Son cannot make repairs under this Warranty.
This Warranty provided by Michael & Son applies only to workmanship as specified on the Customer’s sales invoice, from the date of the performance of the Covered Repair and terminates on the date that the Customer no longer owns the residence in which the Covered Repair/Replacement was performed or upon the replacement of the Unit that contains the Covered Repair, whichever occurs earlier. This Warranty is not transferable and has no independent monetary value. This Warranty shall terminate and become null and void if and when Michael & Son provides any refund, full or otherwise, to the Customer in connection with the Covered Repair or if the equipment is deemed unfit by a qualified Michael & Son technician.
Michael & Son assumes no obligation to incorporate any modifications or improvements developed by the manufacturer in any goods or materials previously sold or in service. This Warranty provided is separate from and independent of any manufacturer’s warranty. In the event of a recall of any portion of the Covered Repair, whether voluntarily by the manufacturer or mandated by a government authority, the manufacturer’s warranty shall be primary and Customer shall comply with all manufacturer requirements for claims under such manufacturer’s warranty before making any claim under this Warranty. This Warranty shall in no way affect or alter the determination of liability or fault for any alleged damages, including without limitation those for personal injury or property damage, sustained by a Customer or anyone else in connection with a Covered Repair or any parts used in that Covered Repair.
Michael & Son reserves the right to perform warranty service during normal business hours. Emergency services are defined as situations that could create substantial damage to property or risk of injury in which case additional fees may apply.
This Warranty does not apply to any portion of a Covered Repair that has not been paid for according to the applicable terms of such purchase. The terms and conditions of this Warranty cannot be altered without Michael & Son’s written consent. No agent of Michael & Son has any authority to give any warranty that exceeds that listed in this Limited Lifetime Warranty, and the Customer is therefore warned to read this Warranty carefully to make sure it correctly reflects those terms that are important to the Customer.
Michael & Son shall not in any event be liable for any incidental or consequential damages, including without limitation lost or duplicated time, expenses or wages, accruing for any reason whatsoever to Customer, whether such claim is made in contract or in tort or under any warranty or in negligence, indemnity or otherwise, even if Michael & Son has been advised of the possibility of such damages.
This Limited Lifetime Warranty is exclusive and in lieu of all other express, statutory and implied warranties, including those of merchantability and fitness for any particular purpose that may otherwise be owed by Michael & Son.
Covered Repair: A repair recommended by Michael & Son that is covered by this Lifetime Labor Warranty and is accordingly identified as Covered Repair on the applicable sales invoice to the Customer. Michael & Son maintains a complete listing of all recommended repairs that constitute and make up the full range of Covered Repairs under this Warranty. A Customer will be informed in advance of a purchase if the repair work contemplated is a Covered Repair and this will be indicated on the Customer’s sales invoice along with the applicable terms and conditions.
Unit: An assembly of more than one part; for example and without limitation, a furnace. If a recommended Covered Repair is a part within the furnace, once the furnace has outlived its useful life and is replaced, the Warranty on such part within the Unit (in this example, the furnace) is terminated.