AGREEMENT
TERMS AND CONDITIONS
This Agreement is a recurring monthly service agreement and is not an insurance policy or an extended warranty. This Agreement is between Fix My Gen, LLC (hereinafter referred to as FMG) and you as the Purchaser/Customer (hereinafter referred to as Customer) and provides for certain services for your home standby generator bearing the serial number you entered above. This Agreement is for Residential 7kW-26kW Air Cooled Generators and 15kW-60kW Liquid Cooled Generators Only. Commercial, Industrial, and 3Phase units do not apply
1. FMG agrees to perform the services listed professionally and to furnish materials of good quality.
2. Customer agrees to provide access to the generator at all times and permits FMG to stop and start all relevant equipment as necessary to fulfill the terms of this Agreement.
3. Customer agrees and understands that the generator and correlating equipment is subject to an inspection at the sole discretion of FMG.
4. Customer may contact FMG to schedule the annual maintenance service. Such service will be scheduled and completed during normal business hours. If the scheduled annual maintenance service is prior to the twelfth (12th) month subscription date, the balance owed for the annual maintenance will be due and the Customer’s credit card on file for the subscription services will be charged.
5. For a priority or diagnostic call under the Power and Premier Plans, FMG will use reasonable efforts to provide Customer with priority response and assistance in the scheduling of Customer’s call.
6. In order to qualify for the monitoring services, FMG will need a dedicated 2.4G network to connect the generator to. Customer understands that mesh Wi-Fi systems flip back and forth between 2.4G and 5G networks and the built in Wi-Fi Mobile Link monitoring does not connect to 5G. Therefore, there may be connection issues and Customer should call Customer’s internet provider to separate the networks internally on the router. Customer also understands it is Customer’s responsibility to be sure there are no firewalls, high security settings, or VPN options on or for Customer’s network in addition to making sure that ports 123, 53, 443, 8080, and 881 are open. WPA settings must be 2 or less. If Customer’s Wi-Fi monitoring does not meet all these standards, Customer will need to purchase an additional cellular device from FMG to qualify for the monitoring services and additional Wi-Fi extenders may also need to be purchased and installed in order for the Wi-Fi to reach out to Customer’s generator. Service/Diagnostic/Priority calls and/or trouble shooting for Customer’s Wi-Fi connection are not included in any of the subscriptions and all costs/services related to same will be invoiced separately and the credit card that the Customer has provided for the recurring subscription payments will be charged for all parts and labor at the time services are rendered.
7. Parts and the labor to repair Customer’s generator are not included in the corresponding priority and/or diagnostic calls and will be invoiced separately. Customer agrees that the credit card given for the subscription plan will be charged for all additional labor, parts, and/or services at the time rendered.
8. Customer understands and agrees and gives permission to FMG that the credit card that the Customer has provided for the reoccurring subscription payments will be charged for additional parts and labor that are not covered under the subscription plans or under any existing warranty.
9. This Agreement may be cancelled: (a) automatically if Customer stops paying the monthly fee or if the payment is declined by the merchant processing center; (b) upon receipt of information that the Customer no longer owns the generator; (c) by Customer providing thirty (30) days written notice to FMG of Customer’s decision to cancel; (d) by FMG if Customer has a past due account and/or has failed to pay for any services or goods rendered by FMG, whether in connection with this Agreement or otherwise.; and/or (e) by FMG for any fraud or material misrepresentation made by Customer.
10. This Agreement may be transferred to a new owner of Customer’s residence only upon a written request by the Customer and upon receiving all required executed documents by the new Owner to continue the subscription, including credit card information, without a lapse in subscription payments by prior Customer. FMG may inspect the generator upon this occurrence and reserves the right to decline continuance of the subscription services upon such inspection.
11. Customer agrees and understands that if the generator is serviced, repaired, modified, altered, and/or changed by any company other than FMG, this Agreement may be adjusted accordingly or terminated by FMG. Customer also agrees and understands that if the generator is moved by any company other than FMG, this Agreement may be adjusted accordingly or terminated by FMG.
12. Customer agrees and understands that any and all payments made by Customer to FMG prior to any cancellation of this Agreement are non-refundable and all obligations of FMG to perform any services, including annual maintenance services not yet completed, are terminated and cease immediately.
13. This Agreement begins upon receipt of Customer’s first monthly payment.
LIMITATIONS OF LIABILITY AND INDEMNITIES
1. FMG is not liable for damage, loss, or interruption of service caused by delay due to fire, flood, corrosive substance in the air, strike lockout, dispute with workers, inability to obtain material or services, commotion, war, act of nature, or any other cause beyond FMG’s reasonable control.
2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise, is FMG or its suppliers, employees, or agents liable for any special, consequential, incidental, or penal damages including, but not limited to loss of profit or revenues, loss of use of any products, machinery, or equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of any Customer’s customers for such damages.
3. No warranty is given hereunder and no other affirmation of FMG, by word or action, shall constitute a warranty.
DEFINITIONS
Annual Maintenance Service – One annual service wherein FMG’s technician will change the oil, spark plugs, oil filter, air filter, update the computer’s firmware, check and service the battery (clean terminals, top off with fluid if needed, clean the generator, and test the ATS/generator to ensure the system is working properly.

Priority Call – A situation that results in an afterhours call or a call that requires FMG’s immediate attention during normal business hours and the call was not previously on the day’s schedule due to a generator failing to provide power to a residence or commercial building during a utility power outage, and/or an Air-Conditioning unit inoperable caused by the generator or generator’s equipment. Parts and/or labor are not covered under a priority call; only the dispatch and diagnosis of such issue is covered under the respective subscription plan. Labor and/or parts needed for any repairs/services will be invoiced separately and Customer agrees that the credit card Customer provided for the recurring subscription plan charges will be charged for all parts and/or labor.

Service/Diagnostic Call – A non-priority call in which a technician is dispatched to service/diagnose a generator. A Service Call consists of one (1) diagnosis or up to one (1) hour of technician’s time (whichever occurs first). Technician’s time includes arrival, set up, work performed, and completion of paperwork before leaving. All work over the initial diagnosis or first hour of technician’s time will be additional labor. A Service Call does not include parts and/or additional labor for non-covered components of repairs such as fuses, belts, hoses, or damages caused by surges, pests, water damage, corrosion, rust, acts of God, et al. Note: These components are not covered by any warranty; for full details, please see your warranty disclosure. Labor and/or parts needed for any repairs/services will be invoiced separately and Customer agrees that the credit card Customer provided for the recurring subscription plan charges will be charged for all parts and/or labor.

Battery Coverage – A battery is covered for replacement if it is deemed to have caused the generator to fail by FMG’s technician and the labor to replace the battery will be included. If it is determined that the battery did not cause the generator to fail, Customer is responsible for the Service Call and all parts and labor not covered under Customer’s subscription plan. Labor and/or parts needed for any repairs/services will be invoiced separately and Customer agrees that the credit card Customer provided for the recurring subscription plan charges will be charged for all parts and/or labor.