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GENERAL TERMS AND CONDITIONS FOR SERVICES

PETERMAN HEATING, COOLING AND PLUMBING, INC.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING CUSTOMER’S RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

  1. Applicability.
    1. These terms and conditions (these “Terms”), the Protection Club Membership Form (the “Membership Form”) and/or invoice(s), as applicable, (collectively, this “Agreement”) comprise the entire agreement between Peterman Heating, Cooling and Plumbing, Inc. d/b/a Peterman Brothers (“Peterman”) and the Peterman customer (“Customer”) concerning the Services (as defined below) and the Membership (as defined below), if applicable, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. This Agreement is the only agreement that governs the provision of services by Peterman to Customer, whether in connection with Customer’s purchased Peterman Protection Club Membership (the “Membership”) or otherwise.
    2. In the event of any conflict between these Terms, the Membership brochure, the Membership Form, and/or the invoice(s), the order of precedence shall be: (I) for Membership Services (as defined below): (a) the completed Membership Form, (b) these Terms, and (c) the invoice; and (II) for Non-Membership Services (as defined below): (a) the invoice, and (b) these Terms.
    3. These Terms are effective on the date of Customer’s signature on the Membership Form or the Customer invoice, as applicable, or for Non-Membership Services, the Customer’s receipt of the Services, whichever is earlier (the “Effective Date”). Except as otherwise set forth in Section 7the latest version of these Terms will be posted on Peterman’s website at https://www.petermanhvac.com/terms, which Customer should regularly review for updates to the Terms. Customer’s continued use of the Services and/or continued enrollment in the Membership after a posted change in these Terms shall constitute Customer’s acceptance of and agreement to all such changes.
  2. Services; Membership.
    1. Subject to Customer’s compliance with terms and conditions of the Agreement, Peterman agrees to provide the agreed upon services as described on the Membership Form (“Membership Services”) or on the Customer invoice for all services not otherwise part of the Membership, including but not limited repairs, one-time or ongoing maintenance, or any other services provided by Peterman (“Non-Membership Services”), as applicable. Except where noted otherwise, Membership Services and Non-Membership Services shall be collectively referred to as the “Services.”
      1. Customer hereby acknowledges and agrees that Customer’s Membership Services depend on the specific Membership selected by Customer and identified on the Membership Form, subject to certain exclusions and restrictions in accordance with Peterman’s current policies and procedures. Customer’s Membership does not provide for any service other than as specified herein and as selected by Customer and identified on the Membership Form.
      2. Services, benefits, and products excluded from all Memberships include, but are not limited to, the following, which may change from time to time in Peterman’s sole discretion: (a) repair/install discounts; (b) discounted rate memberships; (c) HVAC filters and filter changes; (d) HVAC IAQ accessory maintenance; (e) duct and dryer vent cleaning; (f) septic tank evacuation; and (g) and any other exclusions and restrictions that may be imposed or declared by Peterman in connection with the Services.
      1. Prior to or as part of any Services being provided, all existing equipment that is eligible for maintenance, repairs, servicing, and/or any equipment subject to Services under the Agreement, as provided in the Customer invoice or Membership Form, as applicable (the “Equipment”), must be located in, or able to be installed by the Peterman technician in, a single-family residential property leased (in which event all consents to authorize the Services must have been duly obtained by Customer) or owned by the Customer (the “Residence”). If the Residence is a townhouse, condominium, apartment unit, modular home, or manufactured home, the Services shall be provided only with respect to the Equipment and systems serving the individual unit, not any common areas or shared systems in multiple unit dwellings.
      2. Peterman reserves the right, but not obligation, to inspect any existing Equipment and any repairs deemed necessary will be reported to the Customer and an estimate will be provided in the event Customer does not elect to participate in the Membership. If Customer accepts the estimate, all such services shall be performed in accordance with terms and conditions of this Agreement.
  • If Customer’s Residence changes during the term of the Agreement, Customer shall provide Peterman prior written notice of such change. Upon receipt of such notice, Peterman may, in its full discretion: (a) terminate the Agreement without liability; or (b) offer to transfer the Membership to Customer’s new Residence or to the current Residence’s new homeowners for the remainder of the Membership term, subject to all other requirements and policies of Peterman (including, but not limited to, any inspections or assessments).
  1. Customer acknowledges and agrees that Customer has been informed by Peterman of the risks associated with installing a portion of new HVAC Equipment or any other Equipment while connecting to Customer’s existing system. In the event of system performance issues occurring upon or after Installation (as defined below), Peterman shall not be liable for any expense related to repairing Customer’s system. Despite being made aware of these risks, Customer acknowledges and agrees that Customer would like to forfeit the professional recommendation of the entire system replacement.
  2. For all Equipment, whether installed by Peterman or serviced by Peterman, Customer is responsible for any additional cost to repair unforeseen damage and/or inadequate ductwork that prevents proper Installation or the function of the Equipment. During the HVAC Equipment Installation process, Peterman will be connecting to the existing duct system, refrigerant line set, gas piping, flues, drains, drain pans, electrical circuits, HVAC-related accessories, zoning systems, and controls (including thermostats), unless otherwise noted in the Customer invoice or Membership Form. Utility rebates, if any, including assistance in claiming of rebates, shall be Customer’s sole responsibility and Peterman shall not have any obligation or responsibility related thereto.
  3. All line set replacements are contingent upon accessibility. If line set replacement is not achievable, the existing line set will be properly flushed and reused if possible.
  • Any conditions or circumstances, including but not limited to any unanticipated site conditions or impediments, which increase the cost of Installation or any other service provided by Peterman in connection with the Equipment or otherwise shall be Customer’s sole responsibility and will be invoiced to Customer in accordance with Peterman’s current policies and procedures. For the avoidance of doubt, Peterman shall not be obligated to install the Equipment on Customer’s system or perform any Services if there is any condition or other impediment prohibiting, restricting, or making it impractical or impossible (in Peterman’s technician’s sole discretion) to complete the Installation or the provision of the Services, as applicable. Customer shall be responsible for removing any obstacles or hazards that may be required to be removed in order to properly perform the Services, Installation, and/or removal of the Equipment.  Peterman shall not be responsible for replacement or damage to any items or any other real or personal property in connection with its performance of the Services hereunder, except to the extent cause by Peterman’s willful misconduct.
  1. Installation of New Equipment.
    1. If any Equipment is made available to Customer under the Agreement, and if Customer agrees to the installation of the Equipment in connection with Customer’s system (the “Installation”), Peterman shall be authorized to install the Equipment. Customer shall comply with all reasonable requests of Peterman in connection with the Installation of the new Equipment. The Installation shall be deemed Services as defined in this Agreement and may be completed by Peterman or Peterman’s affiliates, subcontractors, or agents. During the Installation process, Customer may be required to accept terms and conditions required by the Equipment’s original manufacturer. By accepting this Agreement, the Installation, and/or the Equipment, Customer shall be deemed to have accepted such terms and conditions, if applicable, in order to complete the Installation.
    2. If any Equipment is made available to Customer under the Agreement, and if Customer agrees to Installation, Customer agrees to: (a) Use the Equipment in accordance with all documentation, information, and other written instructions provided to Customer by Peterman, including any original manufacturer requirements as set forth above in Section 2(D)(I)(b) Install or allow the installation of any fixes, updates, or upgrades reasonably requested by Peterman, at Customer’s cost, unless specified otherwise by Peterman in writing; (c) Immediately notify Peterman upon discovery of an emergency condition related to the Equipment; (d) Not do anything, permit or allow to exist any condition or circumstances, which would cause the Equipment to not operate as intended; (e) Permit Peterman, after reasonable notice and at a mutually agreed upon time, to inspect the Equipment for proper operation and to make necessary repairs and replacements, at Customer’s cost, unless specified otherwise; and (f) Not make any modifications, improvements, revisions, or additions to the Equipment without Peterman’s prior written consent.
  • If any Equipment is made available to Customer under the Agreement, and if Customer agrees to Installation, Customer shall not attempt to, nor allow any third party to: (a) Modify, translate, adapt, arrange, develop or create derivative work of, decompile, disassemble, decrypt, extract, reverse engineer or assemble the Equipment or any part thereof; (b) Create additional connections of the Equipment to other software or systems without Peterman’s prior written approval; (c) Remove from the Equipment any notices of proprietary rights or other product identification contained on or within the Equipment or alter or obscure such notices; or (d) Use the name of Peterman or any affiliated party or their trade names or trademarks, or obtain access to the source code of the Equipment.
  1. Building and Zoning Code Requirements or Violations. If current building or other code violations are discovered by the Peterman technician before or during the performance of the Services, Peterman shall stop work until Customer completes the necessary corrective work at Customer’s sole expense and/or Peterman confirms that continuing the Services is compliant with all applicable law. If a permit is required to perform the Services, the cost of such permit may be charged to Customer. Peterman will not perform the Services if the appropriate permits cannot be obtained.
  2. Unavailable Parts or Non-Repairable Equipment. Unless otherwise provided on Customer’s Membership Form, complete replacement of the Equipment is not covered by this Agreement. Peterman shall use commercially reasonable efforts to obtain a replacement part or an appropriate substitute to repair the Equipment. Customer understands that limited availability of certain parts may result in delays from time to time. If Peterman cannot repair the Equipment because a part is obsolete, no longer available, or Peterman cannot obtain it at a commercially reasonable cost, Peterman shall not be liable to make the replacement and Customer may terminate this Agreement by providing Peterman written notice to the address set forth in Section 17. Customer acknowledges and agrees that special order parts are nonreturnable. If a part order is cancelled after approval by Customer, Customer is responsible for the total amount owed for such part order. All materials and parts are warranted by the manufacturers’ or suppliers’ written warranty only (if any and to the extent available), and Peterman makes no warranties whatsoever, expressed or implied, with respect to any materials and parts, and its technicians are not authorized to make any such warranty on behalf of Peterman.

 

  1. Not a Contract for Insurance. This Agreement provides for the repair and/or replacement of specified parts and/or Equipment as identified in Customer’s Membership Form. This Agreement is not a contract for insurance.
  2. Hazardous Materials. The Services do not include the identification, detection, abatement, encapsulation, or removal of asbestos, radon gas, mold, or products or material containing asbestos, radon gas, mold, or other hazardous substances. If any hazardous materials are encountered in the course of performing the Services at the Residence, the Peterman technician shall have no obligation to continue the work until such products or materials are abated, encapsulated, or removed, or it is determined that no hazard exists (as the case may require). Peterman shall have no obligation whatsoever to arrange for and shall have no liability for the removal of, failure to detect, or contamination as a result of its failure to detect any asbestos, radon gas, mold or other hazardous products or materials.
  1. Customer’s Acts or Omissions. If Peterman’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer, Peterman shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
  2. Customer Obligations. Peterman’s provision of Services is contingent upon Customer’s compliance with this Agreement, Peterman’s policies applicable to the Services, and all applicable laws.
    1. In addition to all other requirements, Customer hereby agrees to:
      1. ensure the Residence and the working area where Peterman technicians provide Services are easily accessible and free of health and safety hazards for Peterman technicians;
      2. cooperate with Peterman in all matters relating to the Services and provide such access to Customer’s premises, including the Residence, for the purposes of performing the Services;
  • obtain all requisite authorizations, consents, permissions, and otherwise comply with all applicable laws in relation to the Services, the Membership, and the Agreement;
  1. indemnify, defend, and hold Peterman and its affiliates, employees, agents, licensors, subcontractors, and representatives (“Peterman Group”) harmless from and against any and all losses, damages, claims, demands, expenses, and injuries of whatever kind and nature, including attorneys’ fees, asserted against Peterman Group as a result of or otherwise arising out of: (a) any acts or omissions of Customer or any third-party in connection or otherwise related to the Equipment, Services, Residence, or Membership; (b) breaches of any obligations, representations, or warranties of Customer contained herein; (c) any injuries or property damages related to or otherwise arising in connection with this Agreement (including those arising as a result of Peterman Group’s negligence, but not Peterman’s gross negligence or willful misconduct); or (d) any violation of applicable laws by Customer or anyone acting on Customer’s behalf.
  1. Customer’s failure to comply with any of the obligations contained in this Agreement and/or any other Peterman policies may result in Peterman technicians’ refusal to perform or complete scheduled Services (without any liability on behalf of Peterman), Peterman technicians’ departure from the Residence prior to commencing or completing any Services, and/or additional charges to Customer’s account.
  1. TermExcept for surviving provisions, and unless terminated sooner in accordance with this Agreement, the coverage period of this Agreement shall commence on the Effective Date and shall continue thereafter: (A) for Non-Membership Services, until the completion of the Non-Membership Services and payment of all invoices by Customer; or (B) for Membership Services, for the period set forth in Customer’s Membership Form, in any case, either for one (1) month for Monthly Memberships (as defined in the Membership Form) or one (1) year for Annual Memberships (as defined in the Membership Form) (each, as applicable, the “Initial Coverage Period”). FOR MEMBERSHIP SERVICES, AT THE END OF THE INITIAL COVERAGE PERIOD, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ADDITIONAL ONE-MONTH TERMS FOR ALL MONTHLY MEMBERSHIPS OR ONE-YEAR TERMS FOR ALL ANNUAL MEMBERSHIPS, AS APPLICABLE, AT THEN CURRENT PRICES (EACH, A “RENEWAL PERIOD” AND TOGETHER WITH THE INITIAL COVERAGE PERIOD, THE “COVERAGE PERIOD”) UNLESS TERMINATED AS PROVIDED IN THIS AGREEMENT; PROVIDED, HOWEVER, THAT A MINIMUM MEMBERSHIP ENROLLMENT OF THREE (3) MONTHS IS REQUIRED BEFORE CUSTOMER MAY TERMINATE THE AGREEMENT FOR EITHER THE ANNUAL MEMBERSHIP OR THE MONTHLY MEMBERSHIP.
  2. Fees; Billing.
    1. Non-Membership Fee. In consideration of the provision of the Non-Membership Services by Peterman and the rights granted to Customer under this Agreement, Customers not enrolled in a Membership shall pay the fees set out in the invoice provided to Customer (the “Fee”). Payment to Peterman of such Fees pursuant to this Section 6(A) shall constitute payment in full for the performance of the Non-Membership Services.
    2. Membership Fee. In consideration of the provision of the Membership Services by Peterman and the rights granted to Customer under this Agreement and pursuant to the Membership, Customers enrolled in a Membership shall pay a monthly or an annual, as applicable, membership fee at the rate and interval set forth in Customer’s Membership Form (the “Membership Fee”). For the avoidance of doubt, Peterman reserves the right to change the Membership Fee, any terms of this Agreement, or the Membership subject to Section 7.
    3. Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.
    4. Automatic Billing.
      1. This Agreement provides for an Electronic Fund Transfer, Automated Clearing House, or preauthorized credit card process for the purpose of Membership Fee payment, if applicable to Customer. Monthly or annual payments of the Membership Fee shall be drafted automatically using Customer’s designated payment method as set forth in the Membership Form. Customer understands and acknowledges that the purchased Monthly Membership or recurring Annual Membership, if applicable, shall be billed automatically to Customer to maintain an active Membership with automatic Membership Fee payments occurring each month or each year, as applicable, until cancelled in accordance with this Agreement. In addition to the Membership Fee, Customer may be billed for applicable taxes or surcharges associated with Customer’s state of residence.
      2. The initial Membership Fee charge shall be submitted for billing on the date set forth in the Membership Form. Each subsequent Membership Fee charge (annual or monthly, as applicable) shall be submitted for billing, in perpetuity, on or about the same day of the month or the year, as applicable, as Customer’s initial Membership Fee charge was submitted.
  • The Membership Fee charge for this Agreement on Customer’s bill or credit card shall serve as the invoice for the Services. Customer will not receive a monthly bill. THE MEMBERSHIP FEES MY BE INCREASED OR DECREASED BY PETERMAN IN ITS SOLE DISCRETION.
  1. Non-Automatic Invoiced Billing.
    1. In the event Peterman invoices the Fee for Non-Membership Services, as identified on the applicable Customer invoice, residential Customers shall pay all invoiced amounts due to Peterman at the time the Services are performed in the form of credit/debit card, personal check, cashier’s check, money order, wire transfer, or financing (for qualified Customers and subject to all terms and conditions of such financing which shall be subject to a separate agreement). Cash shall not be accepted.
    2. For Membership Fee payments, Customer shall pay in accordance with the terms and conditions set forth on the Membership Form.
  2. Late or Missed Payments. In the event Customer fails to make a payment of the Fee or the Membership Fee, or Customer’s designated payment method is declined, when due for any reason, Peterman reserves the right to: (a) charge interest on any such unpaid amounts at a rate of two percent (2%) per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; (b) suspend or delay performance for any or all Services until payment has been made in full (including all interest); (c) seek reimbursement of all costs related to Peterman’s collection efforts, including but not limited to attorney’s fees and all other expenses; and (d) otherwise seek all other remedies available to Peterman at law or in equity. For the avoidance of doubt, and without limiting the generality of the preceding sentence, if Customer fails to make a payment of the Fee or Membership Fee when due, Peterman shall have the right, in its sole discretion, to automatically and without notice cancel the Membership, the Services, or this Agreement in accordance with Peterman’s processes and procedures, in addition to all other rights and remedies available to Peterman under this Agreement, at law or in equity.
  1. Material Membership Changes. Subject to Section 1(C), Peterman may provide Customer written notification of any material changes to this Agreement thirty (30) days in advance of the implementation of such changes. For purposes of this Section 7, a “material change” means an increase in the Membership Fee greater than 5%; and (B) a substantial and permanent decrease in the scope of the Membership Services that materially alters and essentially nullifies the benefits agreed to by the Customer as of the Effective Date. Upon notice of a material change, Customer may terminate this Agreement and the Membership, if applicable, by providing Peterman written notice to the address or email address set forth in Section 17 or by submitting a cancellation form to Peterman within the 30-day period prior to the effective date of the change. If Customer does not terminate this Agreement prior to the expiration of the 30-day period, the change shall be deemed accepted by Customer. For the avoidance of doubt, Peterman reserves the right to increase the Fee and/or Membership Fee by up to 5% per year and make routine or other necessary adjustments to the scope of the Membership Services without notice to Customer.
  2. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of Peterman in the course of performing the Services, shall be owned by Peterman or its licensors.
  3. Limited Services Warranty.
    1. Peterman warrants to Customer that during the Warranty Period (as defined herein) it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services (the “Limited Services Warranty”); provided, however, that, for Membership Services, Customer must be enrolled in an active Membership with no lapse in Membership at any time and no outstanding account balance to be eligible for the Limited Services Warranty.
    2. Peterman’s responsibility for a breach of the Limited Services Warranty shall be limited to repair or re-performance of such Services as determined by Peterman in its sole discretion.
    3. The Limited Services Warranty shall not extend to the Equipment, parts, or materials.
    4. The Limited Services Warranty extends only to Customer. The Limited Services Warranty shall not extend to any subsequent transferee or other beneficiary of the Services. Peterman may procure from time to time from third parties certain Equipment, parts, materials, hardware, software, or third-party support contracts (“Third-Party Products”). Customer acknowledges that Peterman is not the manufacturer of such Third-Party Products. To the fullest extent permitted by law, Peterman makes no representation or warranties whatsoever, express or implied, in relation to such Third-Party Products. Third party warranties may vary from product to product. It is Customer’s responsibility to consult the applicable Third-Party Products documentation for specific warranty information. In addition, Customer acknowledges that certain Third-Party Product warranties may limit or void the remedies that they offer if unauthorized persons perform support service on such Third-Party Products. It is Customer’s responsibility to ensure that any impact that Peterman’s delivery of Services might have on third party warranties is acceptable to Customer, unless specified otherwise by Peterman in writing. To the extent there are any assignable warranties, if any, Peterman may be able to pass through such warranties for Customer’s benefit; provided that such pass-through third-party warranties, if any, must be enforced through such third parties.
    5. The Limited Services Warranty starts on the Effective Date and lasts for a period of one (1) year from the date of the performance of the Services (the “Warranty Period”). The Warranty Period shall not be extended if Peterman repairs or replaces a warranted product or re-performs a warranted service. Peterman may change the availability of the Limited Services Warranty in its sole discretion, but any such changes shall not be retroactive.
    6. To obtain warranty service, Customer must call (317) 859-4270, or email Peterman’s Customer Service/Scheduling Department at Leads@Petermanhvac.com during the Warranty Period. A Peterman technician shall then determine, in Peterman’s sole discretion, Limited Services Warranty eligibility upon evaluation at the Residence.
  4. Disclaimer of Warranties.EXCEPT FOR THE LIMITED SERVICES WARRANTY DESCRIBED IN SECTION 9, PETERMAN MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, THE MEMBERSHIP, EQUIPMENT, OR THIS AGREEMENT, INCLUDING ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
  5. Limitation of Liability.
    1. THE REMEDIES DESCRIBED IN SECTION 9(B) ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND PETERMAN’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE LIMITED SERVICES WARRANTY.
    2. IN NO EVENT SHALL PETERMAN OR ANY OF PETERMAN’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, TECHNICIANS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS (COLLECTIVELY, THE “PETERMAN GROUP”) BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT LOSSES, INCLUDING ANY PROPERTY DAMAGE, LOSS OF USE, REVENUE OR PROFIT, LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OF PETERMAN GROUP OR OTHERWISE) or any other claims or losses caused by any fault, failure, delay or defect in providing any Services performed by Peterman Group, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PETERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    3. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL PETERMAN GROUP’S AGGREGATE LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS ARISING OUT OF OR RELATED TO, IN ANY MANNER, THIS AGREEMENT, THE SERVICES, PRODUCTS, EQUIPMENT, THE MEMBERSHIPS OR ANY OTHER OFFERINGS PROVIDED BY PETERMAN GROUP, REGARDLESS OF THE FORM OR NATURE OF THE DAMAGES, LOSSES, OR CLAIMS (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OF PETERMAN GROUP OR OTHERWISE), OR STRICT LIABILITY) EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO PETERMAN BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, DAMAGE, OR LOSS.
  1. The limitation of liability set forth in Section 11(C)above shall not apply to liability resulting from Peterman’s gross negligence or willful misconduct.
    1. Peterman Cancellation. Peterman may at any time with or without prior written notice, unless otherwise required by law, immediately cancel the Membership for Customer’s non-payment, fraud, material misrepresentation, or violation of the terms and conditions of this Agreement. Peterman may cancel the Membership without cause and terminate this Agreement at any time and for any reason by providing Customer with thirty (30) days’ notice. Peterman reserves the right to not renew the Membership or this Agreement for any reason.
    2. Customer Cancellation. Customer may cancel the Membership and this Agreement at any time by providing Peterman written notice to the address or email address set forth in Section 17 or by submitting a cancellation form to Peterman. Customer’s cancellation of this Agreement shall not affect payments which may be required from Customer to Peterman for other services Customer may be receiving from Peterman. Customer may also cancel this Agreement if Customer moves outside of Peterman’s service area. In the event Customer cancels its Membership within the first ninety (90) days of enrollment and with an outstanding account balance, Peterman shall be entitled to recoup the amount of any verifiable discounts provided to Customer upon Customer’s Membership enrollment and Customer shall not be entitled to enroll in Monthly Memberships in the future. All Membership coupons, discounts, and credits, including Peterman Protection Club bucks, if any, shall be used prior to cancellation and are void upon cancellation. All Membership Fees in connection with Peterman Memberships are non-refundable upon cancellation.
  2. Waiver. No waiver by Peterman of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Peterman. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  3. Privacy. All personal data collected from Customer in connection with Customer’s purchase of the Membership or otherwise in connection with the Services shall be subject to Peterman’s Privacy Policy, available at petermanhvac.com.
  4. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Customer to make payments to Peterman hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, epidemic, pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 15, either party may thereafter terminate this Agreement upon thirty (30) days’ notice.
  5. Governing Law/Jurisdiction. All matters arising out of or relating to this Agreement or otherwise related to the parties’ rights and obligations, irrespective of the location where the Services are received or provided, are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Indiana in each case located in the City of Greenwood and County of Johnson, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. If any term or provision of this Agreement is invalid, illegal, or unenforceable as determined by the court with jurisdiction over this Agreement, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  6. Peterman Contact Information. Should Customer need to schedule Service, cancel this Agreement, submit a Limited Services Warranty claim, or otherwise contact Peterman, Customer shall contact Peterman as set forth herein:

Mailing Address: 677 Commerce Pkwy W Drive Greenwood, IN 46143-7533

Email Address: PPC@Petermanhvac.com

Telephone: (317) 859-4270

  1. Except as set forth in Section 2(C)(III), Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Peterman. Any purported assignment or delegation in violation of this Section 18 is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. If any term or provision of this Agreement is invalid, illegal, or unenforceable as determined by the court with jurisdiction over this Agreement, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Provisions of these Terms, which by their nature should apply beyond their terms, shall remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Customer’s Acts or Omissions; Membership Fee; Billing, Intellectual Property, Limited Services Warranty, Disclaimer of Warranties, Limitation of Liability, Force Majeure, Governing Law/Jurisdiction, and Miscellaneous.
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