UNIT REPLACEMENT PROGRAM

TERMS AND CONDITIONS

(Available in the US and Canada only. Void where prohibited.)

Last updated: July 2022

IF YOU PARTICIPATE IN THE UNIT REPLACEMENT PROGRAM, YOU WILL BE BOUND BY, AND MUST COMPLY WITH, THE TERMS AND CONDITIONS OF THIS AGREEMENT.   This Agreement is subject to change at Allied Air’s sole discretion upon at least thirty (30) days’ prior written notice, unless a longer term is required by law, in which case such longer notice period will apply.  Each participant agrees that notice via e-mail transmission or by posting to https://go.alliedair.net/aaeurp are acceptable means of notice.  If participant does not object to such amendment within thirty (30) days (or longer period if required by law) of the date of such notice, participant will be deemed to have accepted the amendments, and this Agreement shall automatically be amended accordingly without further action on the part of any party.  In the event participant objects within such period, this Agreement shall automatically terminate at the conclusion of such thirty (30) day period (or longer period if required by law) from the date of the notice; provided, however, that if a participant in any way participates in or benefits from the Program (as defined below) after receiving notice of any change to this Agreement, participant will be deemed to have consented to, and be bound by, this Agreement as changed or amended.

PART ONE – ELIGIBILITY

Allied Air Enterprises LLC (“Allied Air”) is pleased to offer buyers of qualifying equipment with its Unit Replacement Program (the “Program”).  The Program consists of three (3) plans (each, a “Program Plan” and, collectively, the “Program Plans”):

*Program Plan eligibility is based on the Participating Dealer’s program tier and Eligible Equipment, both as further defined below.

Eligible Equipment – Subject to the exclusions in Part Two below, the following Armstrong Air, Air Ease and Armstrong Air and AirEase ProSeries[1] systems are eligible for coverage under the Program:

• Residential gas furnaces
• Residential air conditioners and heat pumps sold as an AHRI-matched system
• Residential air handlers and evaporator coils sold as an AHRI-matched system
• Residential packaged units
• Residential mini-splits with at least 10-years of limited parts coverage (ductless)
• Comfort Sync® A3 Thermostat installed with a system

(collectively, “Eligible Equipment”).

Eligible Distributors – Any distributor that directly purchases Eligible Equipment from Allied Air and maintains at least one (1) Level 3 or Level 4 Distributor Service Representative (a “DSR”) is eligible to participate in the Program and offer the Program to its dealers (each, an “Eligible Distributor”).  If, and only if, an Eligible Distributor goes to AlliedConnect and elects Program participation for its dealers, it is considered a “Participating Distributor” hereunder.  A Participating Distributor may only elect those Program Plans available to the particular dealer’s Program Tier:  Premier Dealers and ComforTeam Dealers may offer the 2-Year Unit Replacement Plan on Armstrong Air and AirEase-branded Eligible Equipment.  ProTeam Dealers may offer the 5-Year Unit Replacement Plan on Armstrong Air and AirEase-branded Eligible Equipment and the 10-Year Unit Replacement Plan on Armstrong Air and AirEase ProSeries-branded Eligible Equipment.

Eligible Dealers – Any dealer that directly purchases Eligible Equipment from a Participating Distributor who is offering participation in the Program to its dealers and elects participation for such dealer on AlliedConnect is eligible to participate in the Program (an “Eligible Dealer”).  An Eligible Dealer who offers the Program to its customers is considered a “Participating Dealer” hereunder.  Each Participating Dealer may offer only those Program Plans elected for it by its Participating Distributor on AlliedConnect and applicable to the Eligible Equipment. 

Participating Distributor and Participating Dealer Representations and Warranties – By participating in the Program, each Participating Distributor and Participating Dealer represents and warrants that:

• It has complied and will continue to comply with all applicable laws, regulations and statutes.
• It will not market, advertise or represent the Program, any Program Plan or any coverage thereunder as a warranty or limited warranty.
• Dealer will install the Eligible Equipment that was promised at the point of sale and register all Eligible Equipment within sixty (60) days of installation of the equipment.
• It has not and will not make any unauthorized, inaccurate or misleading statements or representations regarding Allied Air, Allied Air’s products (including, without limitation, the Eligible Equipment), the Program, any Program Plan or any coverage thereunder.
• In no event will it charge any amount for Program participation or for any unit replacement that is covered by the applicable Program Plan.

Covered Equipment – In order for Eligible Equipment to be covered under a Program Plan, the Participating Dealer must register Eligible Equipment via the dealer path at www.alliedairregistration.com  (while the Participating Dealer and the Participating Distributor are participating in the Program) and, if required by the Participating Distributor, include the Participating Distributor’s approved Installation Sheet, both within sixty (60) days of the date of the Eligible Equipment’s installation by the Participating Dealer (“Covered Equipment”). Timely and proper registration is the sole responsibility of the Participating Dealer. Eligible Equipment that is not timely and/or properly registered shall not be deemed Covered Equipment and is not eligible for coverage under any Program Plan regardless of kind or type. Allied Air has no liability whatsoever in the event that the Participating Dealer fails to timely and/or properly satisfy one of the terms or conditions of this paragraph or this Agreement and, as a result, Eligible Equipment does not become Covered Equipment and thus does not have coverage under any Program Plan.  Upon registration, Allied Air will send the Participating Dealer and its customer a Certificate of Coverage with the specifics of its Covered Equipment and applicable Program Plan.

For the avoidance of doubt, for homeowners who purchase Eligible Equipment in California, Quebec or where registration to effectuate a warranty is otherwise prohibited by law, registration is not required to obtain or receive coverage under any Basic Limited Warranty or Extended Limited Warranty (collectively, the “Allied Air Limited Warranty”) that is offered with the Eligible Equipment. Failure to register Eligible Equipment will not impact any rights or coverage under any applicable Allied Air Limited Warranty.  None of the Program Plans is a warranty or limited warranty.

Coverage Period – Program coverage begins as of the date of Covered Equipment installation and ends after expiration of the coverage period (the “Coverage Period”) specific to the applicable Program Plan. The Coverage Period for each Program Plan is as follows:

Thus, by way of example, if a homeowner obtains the 2-Year Replacement Plan with their Covered Equipment, the homeowner will receive two (2) years of unit replacement coverage, starting from the date of installation.

Unit Replacement – To the extent a Covered Component (as defined below) in Covered Equipment experiences at least one (1) failure during the applicable Program Plan’s Coverage Period, then coverage under the applicable Program Plan allows for full replacement of the affected unit. To the extent Allied Air still produces the affected Covered Equipment’s make and model, the replacement will be identical to the unit replaced.  To the extent Allied Air has discontinued production of the affected Covered Equipment’s make and model, or such make and model are not available, the Participating Distributor’s DSR will work with the Participating Dealer to agree on an Allied Air replacement that most closely matches that of the replaced unit.  Program coverage refers to the replacement of the Covered Equipment itself and not to any labor or other charges, fees or costs associated therewith (which remain the responsibility of the homeowner).  The following components within Covered Equipment qualify as a “Covered Component” under the Program:  compressor, heat exchanger, coil assembly, and reversing valve.

In addition to qualifying for ten (10) years of full unit replacement of Covered Equipment, the 10-Year Unit Replacement Plan also includes a one-time credit of $500 to the Participating Dealer when it replaces Armstrong Air or AirEase ProSeries-branded equipment under the Program Plan.

Transferability – Program coverage is provided to the homeowner that originally purchased the Covered Equipment and is not transferable to subsequent homeowners. 

Privacy and Data Sharing – By participating in the Program, each party acknowledges and agrees to the terms and conditions of Allied’s Privacy Policy, which can be reviewed at https://www.lennoxinternational.com/home/Home/privacy.html.

PART TWO - EXCLUSIONS

Exclusions to Coverage – Notwithstanding anything to the contrary in this Agreement, the following items are not covered under the Program and are not eligible for unit replacement under any Program Plan:

1. Single units or equipment with less than ten (10) years of limited parts coverage (e.g., entry-level mini-splits with only five (5) years of limited parts coverage are not eligible).
2. Covered Equipment or Covered Components that are not maintained during the Coverage Period in accordance with the installation, operation and maintenance instructions applicable to the equipment/component. Allied Air reserves the right to request maintenance records and to deny any request or claim for coverage under any Program Plan if adequate records are not provided or if the records fail to demonstrate that the Covered Equipment or Covered Component was properly maintained.
3. Covered Equipment installed or used in non-residential applications.
4. Costs associated with shipping, freight and handling charges, as well as all fees and costs relating to servicing the Covered Equipment, including, without limitation, all trip charges, labor costs or other costs involved in diagnostic calls or in removing, repairing, servicing or replacing the unit, or increases in electrical or fuel costs for any reason, including, without limitation, addition of supplemental heat.
5. Scratches or discoloration of decorative finishes or any panels or other cosmetic damage.
6. Normal maintenance items such as filters, fan belts, fuses, refrigerant, refrigerant line sets, oil nozzles, driers or other consumable items or installation of accessories or kits.
7. Damage caused by misuse, shipping and handling, failure to properly maintain, accident, inappropriate procedure or acts of God.
8. External wiring, piping, venting or attachment of accessory products not integral to the equipment, including, without limitation, humidifier, air cleaner, vent damper or other mechanical devices not manufactured by Allied Air.
9. Covered Equipment that has been operated in a corrosive atmosphere or otherwise in contact with corrosive material (i.e., chlorine, fluorine, salt, recycled waste water, urine, fertilizers, halogenated hydrocarbons or other corrosive elements) that damage or otherwise cause deterioration to metal surfaces or integral components.
10. Covered Equipment that has not been installed in accordance with published instructions, applicable local, state/province or national codes and/or the Air Conditioning Contractors of America’s (ACCA) published standards.
11. Covered Equipment moved from its original place of installation.
12. Any compressor-bearing unit not installed with Air-Conditioning, Heating, and Refrigeration Institute (AHRI) or Allied Air-listed matching refrigerant components.
13. Operation of electrical equipment at voltages other than the range specified on the unit nameplate (includes damage caused by brownouts).
14. Operation of furnaces with return air temperatures of less than 60ºF (16ºC), or furnaces that have been installed downstream of a cooling coil.
15. Use of contaminated or alternate refrigerant.
16. Covered Equipment outside of its Coverage Period.
17. Covered Equipment that was not purchased from or installed by a Participating Dealer.
18. Any other limitations and exclusions set forth in any applicable Allied Air Limited Warranty,  SystemShield™ Program/SystemShield™ Package or Program Plan applicable to the Covered Equipment.

PART THREE – REQUESTING COVERAGE AND Claims under ANY PROGRAM PLAN

To request coverage and submit a claim for coverage under any Program Plan:

• To request coverage under a Program Plan, the homeowner must first contact the installing Participating Dealer. If the homeowner is unable to contact the installing Participating Dealer, or the installing Participating Dealer is unable to assist the homeowner, the homeowner must then contact the Participating Distributor via its contact information set forth on the Certificate of Coverage. The Participating Distributor will provide the homeowner with the name of another Participating Dealer in the homeowner’s area that can provide the applicable Program Plan’s services. If the homeowner is unable to locate or obtain the contact information for the installing Participating Dealer or the Participating Distributor, the homeowner must contact Allied Air at 1-800-448-5872.
• The servicing Participating Dealer must contact the Participating Distributor.  Prior to providing a replacement unit to the affected Covered Equipment to the Participating Dealer and submitting a claim for coverage under the Program, the Participating Distributor’s DSR (Level III or above) must seek prior authorization by contacting Allied Air’s dedicated Technical Service DSR line for authorization and assignment of a case number.  Upon authorization, the DSR must submit a completed and accurate Equipment Replacement Form (“ERF”), including all requested documentation (dealer invoice, job site sheet and copy of rating plate), to WarrantyClaims@alliedair.com withing sixty (60) days from the date of authorization. 
• For a properly submitted claim, Allied Air will issue a credit to the Participating Distributor equal to the purchase price the Participating Distributor paid to Allied Air (excluding shipping) for the Allied Air equipment the Participating Distributor provides to the Participating Dealer to replace the affected Covered Equipment. If the Covered Equipment qualified for the 10-Year Unit Replacement Plan, Allied Air will also issue a one-time credit of $500 to the Participating Distributor, which the Participating Distributor is solely responsible for then crediting to the Participating Contractor.   
• In the event that the Participating Distributor and/or Participating Dealer fails to timely and properly submit a claim for Program Plan coverage, the claim will be denied. Each participating party acknowledges and agrees that any and all claims, causes of action, liabilities and damages arising out of or relating to a Participating Distributor and/or Participating Dealer failing to timely or properly submit a claim shall be solely between the homeowner and the Participating Distributor or Participating Dealer, as applicable. In no event shall Allied Air have any duties, obligations or liabilities to a homeowner, Participating Distributor or Participating Dealer arising out of or relating to the timely or proper submission of a claim for coverage under any Program Plan.
• The claim must satisfy all the requirements of this Agreement, including, but not limited to, the requirements for Covered Equipment.
• The claim must not be subject to an exclusion.

ALLIED AIR’s obligation to pay CREDITS under THESE TERMS AND CONDITIONS, the Program and any PROGRAM PLAN is to the Participating Distributor, not a participating Dealer. A Participating Dealer’s Participating Distributor is solely responsible for, and the Participating Dealer shall not and cannot hold Allied Air responsible for, providing the above credits or any other amounts due the Participating Dealer arising out of or relating to Participating Dealer’s performance hereunder. A Participating Dealer shall look solely to its Participating Distributor for any funds or compensation it claims it is owed, or is owed, under the Program, including, without limitation, for any replacement made under the Program.

PART FOUR – LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

LIMITATION OF LIABILITY - IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (II) DAMAGES FOR CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, DIMINUTION IN BUSINESS VALUE, OR HARM TO GOODWILL OR REPUTATION. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LOSSES ARE DIRECT LOSSES OR INDIRECT LOSSES; WHETHER ARISING FROM CLAIMS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), A STATUTORY OR REGULATORY VIOLATION OR OTHERWISE; AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. 

WARRANTY DISCLAIMER - THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN ANY APPLICABLE ALLIED LIMITED WARRANTY, NO PARTY IS PROVIDING TO THE OTHER PARTY AN EXPRESS OR IMPLIED WARRANTY OF ANY KIND AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE QUALIT