1. TERM OF AGREEMENT†
This Maintenance Agreement (the “Agreement”) is entered into between Varitek (“Company”) and the undersigned customer (“Customer”) and shall remain in effect for a period of one (1) year commencing on the date of purchase (the “Effective Date”). This Agreement may be renewed upon mutual consent of the parties.

2. SERVICES PROVIDED
Subject to the terms and conditions herein, the Company agrees to perform the maintenance services described below (the “Services”):

• Two (2) seasonal maintenance visits annually, consisting of inspection, cleaning, and adjustment of heating and air conditioning equipment, as detailed in Exhibit A attached hereto.
• Priority scheduling for repair services in the event of equipment breakdowns.
• A fifteen percent (15%) discount on parts for any repairs performed by the Company during the term of this Agreement.

3. PAYMENT TERMS††
Customer shall select one of the following payment options:

• Saver Plus Plan: Payment of the full contract amount in one lump sum prior to commencement of Services.
• Comfort Flex Plan: Equal monthly installments payable over a twelve (12) month period, subject to automatic billing to the Customer’s designated payment method. Failure to maintain current payments shall result in suspension or termination of Services.

4. DISCOUNTS ON REPAIRS
Active Varitek Comfort Plan members are entitled to receive a fifteen percent (15%) discount on qualifying repair services. This discount applies to standard and commonly used replacement parts necessary to restore the proper function of heating, ventilation, or air conditioning equipment.

The discount does not apply to diagnostic fees, seasonal maintenance visits, new system installations, full equipment replacements, or system upgrades. Specialty or custom-order parts may also be excluded at Varitek’s discretion. This discount cannot be combined with other promotional offers, coupons, or manufacturer warranties.

The repair discount is valid only for the customer named in the Comfort Plan agreement and is non-transferable. The discount remains in effect for the duration of the customer’s active membership term and will expire if the Comfort Plan is not renewed. Varitek reserves the right to amend or discontinue this benefit at any time.

5. REWARDS PROGRAM†††
Enrollment in the Rewards Program is automatic upon execution of this Agreement. Customer is entitled to a $25 sign-up bonus and $25 referral credits for each new Customer referred who successfully enrolls. Rewards are credited as service credits applicable to future repairs. The Company reserves the right to modify the Rewards Program at its discretion.

6. EXCLUSIONS
This Agreement does not cover:

• Major repairs or part replacements except as warranted.
• Refrigerant recharge services.
• Emergency service calls outside regular business hours.
• Equipment deemed unsafe, improperly installed, or in disrepair due to neglect.
• Damage resulting from external forces, including but not limited to weather, pests, or acts of God.

7. CUSTOMER RESPONSIBILITIES
Customer agrees to:

• Provide reasonable and safe access to all equipment for maintenance visits.
• Notify the Company of any system irregularities prior to scheduled visits.
• Respond promptly to scheduling communications.
• Maintain payment obligations if enrolled in the Comfort Flex Plan.

8. SCHEDULING AND MISSED SERVICES
The services must be utilized within the twelve (12) month term of this Agreement. Missed or unused services do not carry over and are non-refundable.

9. CANCELLATION AND REFUND POLICY
Customer may cancel this Agreement in writing prior to receipt of any Services for a full refund. If cancellation occurs after Services have been rendered, refunds will be prorated based on Services performed. Customer agrees to pay the difference between discounted plan rates and standard rates for any repairs performed using plan discounts in the event of cancellation.

10. TRANSFERABILITY
This Agreement is non-transferable without prior written consent from the Company.

11. RENEWAL
This Agreement does not automatically renew. The company will notify the Customer prior to expiration with renewal options.

12. EQUIPMENT CONDITION
The Company reserves the right to decline service on equipment that is unsafe, improperly installed, or inadequately maintained.

13. LIMITATION OF LIABILITY
The Company shall not be liable for damages arising from pre-existing conditions, improper maintenance, or external factors beyond its control. Customer agrees that Company’s liability shall be limited to the total amount paid under this Agreement.

14. MODIFICATION OF TERMS
The Company reserves the right to modify the terms or pricing of this Agreement with thirty (30) days’ written notice to Customer.

15. PRIVACY
Customer information shall be used solely for the administration of Services and communication related thereto. The company does not sell or share personal information with third parties.

16. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Exhibits

Exhibit A — Scope of Services

*Replacement parts billed separately.