Commercial Office Warranty

OfficeGUARDIAN Warranty Terms, Conditions & Exclusions

 

Effective August 31, 2015

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PURCHASING A GUARDIAN WARRANTY, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ABOVE. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE.

 

A. COVERAGE OVERVIEW

• In accordance with the terms, conditions and exclusions of this commercial service contract, OfficeGUARDIAN Commercial Office Warranties ("GUARDIAN") will repair or replace for the Contract Holder ("Customer") selected covered items at their place of commercial business ("Service Location") so long as they:

 

1. Are in good, safe working order and correctly installed at the premises on the effective date of this warranty contract;

2. Become inoperative from normal wear and tear after the effective date of this warranty contract;

3. Are classified by the manufacturer as commercial (excluding kitchen appliances);

4. Are located within the perimeter of the office foundation;

5. Are not covered by a manufacturer, distributor, builder, extended warranty, or business insurance policy; or

6. Are reported during the term of this warranty contract.

 

• This commercial service contract covers individual freestanding or attached office suites that are less than 5,000 square feet. Offices over 5,000 square feet are covered if the applicable fee is paid and coverage is accepted by GUARDIAN. This commercial service contract covers owned or rented commercial property, not residences used for conducting business.

• This commercial service contract only covers systems and components that were installed on the premises as of the contract effective date. To be covered by this commercial service contract, systems or appliances that were installed after the effective date must be registered with GUARDIAN and applicable fees paid. Used items installed after the effective date are not covered by this commercial service contract unless they were purchased from a reputable retailer and accepted by GUARDIAN.

• Decisions to repair or replace systems or components will be at the sole discretion of GUARDIAN. When replacement is required, we are responsible for installing equipment comparable in features, capacity, and efficiency (except as noted under “Limits”). We are not responsible for matching identical colors, brands, and dimensions, or any features that do not contribute to the primary use of the covered system or appliance. 

• GUARDIAN reserves the right to offer cash instead of repair or replacement in the amount of GUARDIAN’s wholesale cost (which is typically less than retail) to repair or replace any covered item. If GUARDIAN makes the decision to provide the Customer cash instead of a repair or replacement, GUARDIAN will make payment in 30 days or less from the time that decision is made. If GUARDIAN provides cash instead of repair or replacement of a covered item, that item will not be covered for future repairs until the Customer has it correctly repaired or replaced by a professional service provider and delivers to GUARDIAN any paid invoices showing the repairs or replacement were completed.

• Coverage only includes the items listed below as being covered and excludes all others. Coverage is subject to limitations, exclusions, and provisions specified in this contract.

 

B. CUSTOMER’S OBLIGATIONS

• You are responsible for normal upkeep and maintenance of covered equipment according to the manufacturer’s suggested maintenance guidelines located in the system or appliance Owner’s Manual.

• When a malfunction happens, turn the covered item off and protect it from further damage and call GUARDIAN at 1-800-508-1850. If you fail to protect the covered item from further damage, the additional damage caused by lack of action is not covered.

• You are obligated to provide information relating to the timing, nature and cause of any malfunction. This information may include inspection reports, purchase receipts, and repair invoices.

 

C. WARRANTY TERM & EFFECTIVE DATE

• First Year:   Business Customer contract terms begin thirty (30) days after acceptance of application by GUARDIAN and receipt of plan fee and continues for 1 year. If you select the monthly payment option and GUARDIAN elects to renew your contract, you will automatically be renewed for an annual coverage period unless you notify GUARDIAN in writing 30 days prior to the expiration of the contract (See section H - RENEWAL OR TRANSFER OF WARRANTY for more details).

• Renewal:  Renewal Business Customer contract terms begin upon expiration of previous contract term and continue for one (1) year provided that the plan fee is received by GUARDIAN within 30 days after expiration. If plan fee is received by GUARDIAN after 30 days of expiration, a new 1-year contract term will begin and new plan fee pricing may differ, and the new contract term will begin ten (10) days after receipt of plan fees (See section H - RENEWAL OR TRANSFER OF WARRANTY). 

 

D. REQUESTING SERVICE (CALL 1-800-508-1850)

• You, your agent or commercial tenant must call 1-800-508-1850 as soon as the problem is discovered and prior to the expiration date for covered work to be performed under this commercial service contract.

• GUARDIAN has the sole right to select and arrange an authorized GUARDIAN service contractor to perform work covered by this commercial service contract. Only work authorized and dispatched by GUARDIAN is covered by this warranty. We will not reimburse you for service performed by you, your employee or your own contractor.

• Service Responses:  

   

1. Normal Service: Under most normal circumstances, an authorized GUARDIAN Service Contractor will contact you within 4 business hours (48 hours on weekends or holidays) to schedule a mutually convenient appointment during normal business hours to perform non-emergency service.

2. Emergency Service: An emergency is defined as a plumbing failure that causes interior flooding, a complete loss of heating or cooling in extreme temperature conditions, a substantial loss of electrical service, or any other condition that renders the interior of the office uninhabitable. GUARDIAN will make all reasonable efforts to expedite emergency service. 24-hour emergency service is only available for interior flooding. GUARDIAN will determine in its sole discretion what situations constitute an emergency and will make all reasonable efforts to prioritize and expedite emergency service.

3. Expediting Normal Service: GUARDIAN will accept a request to expedite non-emergency service only if an authorized GUARDIAN Service Contractor is available. If the Service Contractor agrees to expedite the nonemergency service, you will be responsible for additional expedite fees, including overtime pay.

 

E. TRADE SERVICE FEE

• For each separate trade item, you are responsible to pay a ninety-nine dollar ($99.00) trade service fee. The trade service fee will be due and payable to GUARDIAN at the time of scheduled service, including when:

   

1. A customer cancels a service request after the Service Contractor is already on their way to the Customer’s Service Location;

2. A customer fails to provide accessibility necessary to perform the service request;

3. A Service Contractor’s diagnosis results in a partial or complete exclusion of coverage; or

4. GUARDIAN approves a customer’s request for a second opinion.

 

• Repairs are guaranteed for 30 days. Should failure of that item occur within 30 days, another fee will not be charged.

• Failure to pay trade service fees could result in suspension or cancellation of this commercial service contract.

• GUARDIAN reserves the right to obtain a second opinion at GUARDIAN’s expense. In the event that GUARDIAN informs you the malfunction is not covered, you have the right to request a second opinion of the cause of the malfunction. You must ask GUARDIAN for a second opinion from another GUARDIAN Service Contractor within seven (7) days from the time GUARDIAN informed you the malfunction is not covered. In the event that the outcome of the second opinion is different than the first opinion, you will not owe an additional trade service fee. If you request a second opinion, you will be responsible for the payment of an additional trade service fee only if the outcome of the second opinion is the same as the initial opinion.

 

F. GUARDIAN COMPLETE PLAN COVERAGE (other plans have more limited coverage)

1. APPLIANCES COVERED: All mechanical parts and components that fail due to normal wear-and-tear of RESIDENTIAL-STYLE: • REFRIGERATOR • DISHWASHER • RANGE – OVEN – COOKTOP • BUILT-IN MICROWAVE • GARBAGE DISPOSAL • TRASH COMPACTOR.   NOT COVERED: Commercial restaurant-style appliances, detachable accessories, items that do not affect the primary operation of an appliance, maintenance items and items that do not fail as a result of normal wear-and-tear, such as but not limited to: shelves, drawers, hinges, light bulbs, glass or glass tops, food spoilage, interior linings, insulation, and filters. LIMITS: Maximum for diagnosis, repair, or replacement of all covered appliances is $1,500 per twelve month contract term. Note: This coverage is for one unit per appliance type. Extra fee is required to have multiple units of each appliance type covered by this commercial service contract. [Not Covered under Guardian Plus or Guardian Essentials Plans] Optional add-on coverage is available for CLOTHES WASHERS and DRYERS, with coverage subject to the coverages and limits stated above in this section.

2. AIR CONDITIONING & HEATING SYSTEM COVERED: Electric central air conditioning systems, gas or electric central heating systems, heat pumps, and all mechanical parts thereof including: condenser, evaporative coil, air handler and detached drain lines, metering device (evaporative coil piston and thermal expansion valve), leaks in accessible refrigerant lines, baseboard heaters, radiators, standard air filters, dial or digital thermostats, and quarterly maintenance and cleaning. NOT COVERED: Window units, portable units, evaporative coolers, chiller systems and chiller components, boiler systems, solar heating, fireplaces and key valves, radiant cable heat, oil storage tanks, heat lamps, humidifiers, electronic filters, electronic air cleaners, computerized HVAC management systems or zone controllers, flues and vents, transitions, roof jacks or stands, problems caused by dirty and/or clogged coils, condenser casings, registers, grills, deionizers, pre-coolers, non-ducted wall units, drain pans, condensate pans, condensate line stoppages, water towers, supply lines and valves external to unit, pads or pad frames, automatic or manual dampers, air conditioning with improperly sized systems, and structural modifications required in connection with any covered repair. LIMITS: Maximum for diagnosis, repair, or replacement of all systems is $2,500 per twelve month contract term. GUARDIAN will pay up to $10 per pound for recharging of refrigerant. The Customer will be responsible for costs in excess of $10 per pound. Note: This commercial service contract covers air conditioning and heating systems with a capacity not exceeding five (5) tons per unit.

3. PLUMBING SYSTEM & STOPPAGES COVERED: Leaks or breaks in water, gas, drain, sewer or vent lines that are located within the perimeter of the Service Location foundation, faucets, toilet bowls and tanks, wax seals, mechanisms, urinals, mop sink drains, circulating hot water pump, drinking fountains [Not Covered under Guardian Essentials Plans], hose bibs, pressure regulators, clearing of stoppages in sewer lines through accessible ground-level clean out, and fire suppression sprinkler systems [Not Covered under Guardian Plus or Guardian Essentials Plans]. NOT COVERED: Stoppages caused by collapsed, damaged or broken drain, vent or sewer lines outside of the office's main foundation; lines broken, infiltrated or stopped by roots or foreign objects even within the office's main foundation; toilet lids/seats, sinks, mop sinks, grouting/caulking, plumbing for solar systems, high or low water pressure, water softener equipment, water filters or conditioning equipment, storage or holding tanks, steam rooms or saunas, sounds caused by heating or flowing water, inadequate plumbing capacity, flow restrictions in water supply lines, icemaker water lines, stoppages that cannot be cleared with cable, access to sewer or drain lines from vent (rooftop line clearing), costs to locate, access, or install a ground-level clean out, hydro-jetting. LIMITS: Maximum for all diagnosis, repair, or replacement for leaks in water, drain, gas, or polybutylene piping that is underground or obstructed by concrete or any other solid surface is $1,000 per twelve month contract term. We will only provide access to plumbing systems through unobstructed walls, ceilings, and floors; and, if the area around the access hole has not sustained damage from the water leak, we will restore access openings to a “rough” finish only. Note: Toilet bowls and tanks replaced with commercial builder’s standard.

4. WATER HEATERS COVERED: Gas or electric water heaters including tankless water heaters, water tank leaks or rupture, thermostat assembly parts and components, heating elements, burner assembly and vent pipe, gas valve, drain valve, relief valve, and circulating pump (non-solar-systems). NOT COVERED: Solar water heater, solar panels and components, plumbing to solar water heaters, vents and flues, storage or expansion tanks, noise caused by sediment, drip pans, heating/water heater combination units, multi-valve manifolds, and water heater heat pump attachment. LIMITS: Coverage applies to commercial water heaters not exceeding 60 gallons and $500 per twelve month contract term.

5. ELECTRICAL SYSTEM COVERED: Wiring, conduit, outlets, switches, panels and subpanels that are inside the Service Location, circuit breakers, fuses, GFI circuit breakers, ballasts, junction boxes, built-in lighting fixtures, exit signs and restroom hand dryers (up to $250 per dryer per twelve month contract term). NOT COVERED: Inadequate wiring capacity, intercoms, power failure or surge, audio/ video/ computer/ intercom/ alarm or security wiring or cable, sensors, direct current (D.C.) wiring and components, low voltage or timed circuits including wiring and relays, light bulbs, system controllers. LIMITS: Light fixtures that are higher than 12 feet from the ground will result in extra fee. Maximum for diagnosis, repair, or replacement is $1,500 per twelve month contract term.

6. CEILING FANS & BATHROOM EXHAUST FANS COVERED: All mechanical parts and components that affect the operation. NOT COVERED: electronic controls, transistors, remotes, and heaters. LIMITS: Ceiling fans replaced with builder’s standard when necessary. Ceiling fans that are higher than 12 feet from the ground will result in an extra fee. Maximum for diagnosis, repair, or replacement is $500 per twelve month contract term. [Not Covered under Guardian Plus or Guardian Essentials Plans]

7. FIRE EXTINGUISHER RECHARGE & CERTIFICATION SERVICE COVERED:  For no trade service fee, GUARDIAN will provide an annual fire extinguisher recharge, safety inspection and certification of up to three (3) wall-mounted fire extinguishers. NOT COVERED: Fire extinguisher equipment, mounting brackets, parts and accessories.  Additional fire extinguisher services are available for an additional fee including: recharge, inspection and certification of additional fire extinguishers, replacements of fire extinguishers, and 6 year clear & recharge and 10-year cylinder certifications as mandated by fire code.

8. SMOKE DETECTORS COVERED: All mechanical parts and components that fail due to normal wear-and-tear. NOT COVERED: Batteries and low voltage wiring. Limits: Maximum for diagnosis, repair, or replacement is $500 per twelve month contract term. [Not Covered under Guardian Essentials Plans]

9. DOOR CHIMES COVERED: All mechanical parts and components that fail due to normal wear-and-tear. NOT COVERED: Door bells integrated into Intercom Systems. Limits: Maximum for diagnosis, repair, or replacement is $300 per twelve month contract term. [Not Covered under Guardian Plus or Guardian Essentials Plans]

10. DOORS COVERED: Hinges, closers, and latches. NOT COVERED: Doors, handles, deadbolt or door lock assemblies. Limits: Maximum for diagnosis, repair, or replacement is $500 per twelve month contract term. [Not Covered under Guardian Essentials Plans]

11. A/C & HEATING SYSTEM TUNE-UPS COVERED: GUARDIAN will calibrate thermostat, test temperature split, check refrigerant levels and system pressures, perform amp draw on condenser motor, evaporator motor and compressor, rinse condenser coils (as needed), check contactors, check condensate lines, clean or replace standard filters, clean & tighten electrical connections, test capacitors, and check heat operations, inspect pilot system, test safety switches, test limit switches, and clean burners on all covered units. Note:  GUARDIAN will perform one (1) initial A/C & Heating System Tune-up and Facility Assessment within 30 days of the Contract Effective Date and then each quarter of the year thereafter. Trade service fee for tune-ups is waived, unless the customer fails to provide accessibility necessary to perform the scheduled Tune-up on the appointed time and day. If contractor finds a covered problem, a trade service fee will be due at the time the repair is made. NOT COVERED: clearing of condensate line stoppages, recharging of refrigerant, evaporator/indoor coil cleaning including acid cleaning, cleaning or unclogging services required to correct problems related to the lack of manufacturer suggested maintenance.

12. EMPLOYEE TERMINATION RE-KEY SERVICE COVERED: One (1) re-key of up to 6 key holes (including deadbolts) and provide 4 copies of the key, typically after an employee termination. Note: If the covered property is outside of our normal service area, you may incur an additional fee. NOT COVERED: re-programming of security systems, exterior keypad reprogramming, lock picking, lock-out service, or new lock sets. The Customer will incur extra fees for these items. [Not Covered under Guardian Essentials Plans]

13. CARPET CLEANING SERVICE COVERED: For the applicable trade service fee, GUARDIAN will provide 1 carpet cleaning service of soiling of no more than 1,000 square feet. For more extensive carpet or upholstery cleaning, you will be charged additional fees at discounted rates. NOT COVERED: Old/permanent stain removal, odors, red stain removal, pre-existing visible carpet damage, and any stain that requires enzyme treatments. LIMITS: This service is intended for commercial office suites and may only be used once within a 90-day period. Additional floor cleaning services are available for an additional fee including: additional carpet cleaning over 1,000 square feet, tile and grout cleaning, upholstery cleaning, deodorizing treatments, enzyme stain removal treatments and more.

14. STOREFRONT WINDOW CLEANING SERVICE COVERED: For the applicable trade service fee, GUARDIAN will clean up to five (5) exterior ground-level, storefront windows every two weeks. Additional fees will be charged for additional exterior windows and/or second story windows. NOT COVERED: Hard water stain removal, paint overspray removal and interior windows. Additional fees apply for these services. 

15. SECURITY SYSTEM INSTALL & MAINTENANCE SERVICE COVERED: For the applicable equipment and service fee, GUARDIAN will install 1 wireless base station, 2 entry, 1 motion and 1 glass breakage sensors, 1 panic button and 1 security key pad with a 60-day guarantee. Additional fees will be charged for additional components or accessories. NOT COVERED: Replacement components, and security monitoring fees by contractor. Note: This service is intended for commercial office suites and requires no long-term monitoring contract or commitment.

16. PEST CONTROL SERVICE COVERED: For the applicable trade service fee, GUARDIAN will provide a monthly pest control treatment of ants, roaches, crickets, spiders, ground beetles, earwigs, silverfish, millipedes, centipedes, pill bugs, sow bugs, clover mites; and treatment for mice. Additionally, GUARDIAN will provide limited extermination treatment for rodents by placing up to four (4) traps or two (2) bait stations for the trade service fee. NOT COVERED: Treatment of infested areas outside the perimeter of the Service Location foundation, flying insects, ticks, fleas, roach infestations, mice, rats, and any other pest not listed above. LIMITS: Limited rodent extermination treatment does not cover a return trip for removal and/or disposal of traps or bait stations - an additional trade service fee is required for a return trip. Additional fees will also be required for any rodent infestation that requires more than four traps or two bait stations.

17. FLOURESCENT LIGHT BULB SERVICE COVERED: For the applicable service fee, GUARDIAN will change up to a quantity of two (2) four-foot flourescent bulbs per yearly quarter. Additional fees will be charged for additional bulb changes, as needed. 

18. R.O. FILTER CHANGE SERVICE COVERED: For the applicable service fee, GUARDIAN will change up to a quantity of three (3) Reverse Osmosis filters and a membrane per yearly quarter. Additional fees will be charged for additional filter or membrane changes, as needed. 

 

G. LIABILITY LIMITATIONS

LIABILITY LIMITATIONS This commercial service contract is intended to cover the costs to repair or replace your covered Service Location office systems and appliances when they fail due to normal wear-and-tear; however, coverage is not all inclusive. There may be situations in which you will be responsible to pay additional costs for parts or services not covered by this commercial service contract. In those cases, we will work with you to determine the best course of action to reasonably minimize your out-of-pocket-costs.

 

• General Exclusions. This contract does not cover:

 

• Known defects that existed on or before the effective date. The Customer must have all known pre-existing breakdowns and defects correctly repaired by a service professional and deliver to GUARDIAN any paid invoices evidencing the repairs before the defective item can be covered by this commercial service contract.

• Unknown, undetectable pre-existing defects are not covered.

• Routine maintenance of appliances and equipment. You are responsible for maintenance and cleaning of covered items as specified by the manufacturer, other than those noted for quarterly HVAC tune-ups and annual fire extinguisher recharge and certifications.

• Failure of parts or components caused by the lack of manufacturer recommended maintenance of this contract is not covered.

• Breakdowns that are caused by any condition that is not considered to be normal wear-and-tear such as but not limited to:

   

1. Misuse, abuse, or improper usage;

2. Lack of capacity or insufficient or undersized systems or components;

3. Improper previous repairs or modifications;

4. Missing parts, components, or equipment;

5. Fire, freezing, hail, wind damage, water damage, lightning, smoke, earthquakes, mud slides, soil movement, other acts of nature, accidents, vandalism, criminal acts, or any other risk commonly covered by business property and casualty insurance;

6. Manufacturer or builder defects;

7. Chemical, soap, or sedimentary build-up (except water heaters); or

8. Pest damage.

• Secondary, consequential, or incidental damages resulting from the malfunction of any covered item such as but not limited to loss of income, utility bills, additional business expenses, food spoilage, or the restoration or repair of walls, ceiling, flooring, cabinets, countertops, or painting.

• Repair or remediation of cosmetic defects.

• Repair, replacement, installation, or modification of any covered item that has been determined to be defective by the Consumer Product Safety Commission or for which a manufacturer has issued a warning, recall, or decision of defect.

• Electronic, computerized office management systems such as but not limited to energy, lighting, or comfort management systems.

• Systems or appliances classified by the manufacturer as residential, excluding breakroom appliances.

 

• Access Limitations:

  Except as noted under "Limits", GUARDIAN is not responsible for providing access or closing access to covered items.

  GUARDIAN is not responsible for costs of restoration of any wall or floor covering, cabinets, countertops, tile, stone, brick, paint, or the like.

 

• General Limitations of Liability:

   

1. GUARDIAN is not responsible for any additional work or costs required to comply with any federal, state, or local laws, regulations, or ordinances or utility regulations, to meet current building or zoning code requirements or correct for code violations.

2. GUARDIAN is not responsible for fees associated with:

• Legally required permits

• Recapture of refrigerants

• Disposal of old covered equipment

1. GUARDIAN is not responsible or liable for performing service, or paying remediation costs, involving toxic or hazardous substances or problems caused by pathogenic organisms including but not limited to mold, mildew, fungi, spores, bacteria, virus, yeast, and mycotoxins.

2. GUARDIAN is not responsible for repairs, replacements, or modifications of covered equipment that are merely inefficient.

3. GUARDIAN is not responsible for upgrades, components, or parts required due to the incompatibility of the existing equipment with the replacement system, appliance, component, or part thereof or new type of material or chemical utilized to run the replacement equipment including but not limited to differences in technology, refrigerant requirements, or efficiency as mandated by federal, state or local governments except as detailed in section F.2 (Air Conditioning /Heating System ) of this commercial service contract.

4. GUARDIAN is not responsible for costs of construction, carpentry, or structural modifications necessary to effect repair or replacement of covered items.

5. GUARDIAN is not responsible or liable for the costs of testing required by statute or regulation associated with the repair or replacement of covered items or components.

6. This commercial service contract does not cover common areas and common systems in multi-suite office buildings or strip malls.

7. GUARDIAN is not liable for failure to provide timely service due to conditions beyond its control including, but not limited to, delays in obtaining parts or equipment, and labor difficulties.

8. In no event will either party be liable for any indirect, incidental, punitive or consequential damages (including, but not limited to, loss of business or business interruption), lost profits or loss of use, arising out of or relating to this contract.

9. Systems and appliances that are installed at the premises any time after the effective date of this commercial service contract are not covered unless GUARDIAN agrees to provide coverage for such item.

 

H. RENEWAL, TRANSFER OR CANCELLATION OF WARRANTY

• This warranty is renewable, subject to GUARDIAN approval. Renewal is effective only upon issuance of a new warranty contract.

 

• If you select the monthly payment option and GUARDIAN elects to renew your contract, GUARDIAN will notify you of applicable rate and terms of renewal during the tenth month of your contract and you will automatically be renewed for an annual coverage period unless you notify GUARDIAN in writing 30 days prior to the expiration of the contract. Your first payment for the next contract will be construed as authorization for another 12-month contract.

 

• This warranty is transferable if the covered property is leased or sold during the term of this warranty contract. The warranty owner must notify GUARDIAN, in writing, of the change in ownership and submit the name of the new owner to transfer coverage.

 

• This contract shall be cancelable by the Customer or GUARDIAN at any time including, but not limited to for:

   

1. Nonpayment of plan or service call fees,

2. Fraud or misrepresentation of facts material to the issuance of this commercial service contract,

3. Upon mutual agreement between Customer and GUARDIAN, or

4. Discovery of pre-existing latent defects in the office systems at the time of the first HVAC tune-up and property assessment.

 

• In the event that a First Year commercial service contract is cancelled within 30 days of the effective date, the Customer shall be entitled to a full refund of the paid contract fees less any unpaid trade service fees, including a $99 charge for the initial HVAC tune-up, if underway or completed. In the event that such contract is cancelled after the 30th day from the effective date, the Customer shall be entitled to a pro-rata refund of the paid plan fee for the unexpired term less any unpaid trade service fees and a $55.00 administration fee. Cancellation of this warranty must be in writing.

 

• In the event of cancellation of a Renewal contract any time after the effective date, the Customer shall be entitled to a pro-rata refund of the paid warranty fee for the unexpired term less any unpaid trade service fees and a $55.00 administration fee. Cancellation of this warranty must be in writing.

 

I. GOVERNING LAW AND MANDATORY ARBITRATION

GUARDIAN and the Customer will attempt in good faith to resolve any controversy or dispute arising out of or relating to this commercial service contract through direct discussions. If these discussions are unsuccessful, all disputes or claims between the parties arising out of the commercial service contract or the parties’ relationship shall be resolved by final and binding arbitration administered through the American Arbitration Association (“AAA”) under the AAA Commercial Arbitration Rules. Copies of the AAA Rules and forms can be obtained by calling 1-800-778-7879 or download at www.adr.org. The arbitrator’s decision shall be final, binding, and non-appealable.

 

The parties expressly agree that this Agreement and this arbitration provision involve and concern interstate commerce and are governed by the provisions of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule. By entering into this Agreement the parties acknowledge that they are giving up the right to a jury trial, and the right to participate in any class action, private attorney general action, or other representative or consolidated action, including any class arbitration or consolidated arbitration proceeding. 

 

In all other ways, this contract will be construed, and the legal relations between the Parties hereto will be determined, in accordance with the laws of the State of Arizona, County of Maricopa, USA, as such law applies to contracts signed and fully performed in such.

 

J. SEVERABILITY 

If any provision of this contract is held to be invalid or unenforceable for any reason as a matter of law, the remaining provisions will continue to be valid and enforceable.