Comfort Protection Plan™ Terms and Conditions
1. Agreement and enrolled equipment
These Terms and Conditions, the customer’s enrollment form (“Enrollment Summary”), and the attached maintenance checklist constitute the entire Comfort Protection Plan™ agreement (“Plan”) between Hensley Heating & Air Conditioning Co., Inc. (“Hensley”) and the customer identified in the Enrollment Summary (“Customer”).
The Plan applies only to the HVAC equipment specifically identified in the Enrollment Summary by type, location, manufacturer, model, or serial number (“Enrolled Equipment”). Equipment that is not listed is not included.
If these Terms conflict with the Enrollment Summary, the Enrollment Summary controls as to the Plan price, term, number of visits, Enrolled Equipment, and specified discounts.
2. Nature of the Plan
The Comfort Protection Plan™ is a preventive-maintenance membership. It is not an equipment warranty, breakdown-repair agreement, replacement plan, or insurance policy.
The Plan includes only:
The number of preventive-maintenance visits stated in the Enrollment Summary;
The maintenance tasks listed in the included maintenance checklist;
The member discounts are expressly stated in the Enrollment Summary.
Unless expressly included in the Enrollment Summary, the Plan does not pay for or include diagnostic services, parts, repairs, refrigerant, emergency service, code upgrades, permits, system modifications, or equipment replacement.
Maintenance cannot eliminate all breakdowns or guarantee continued equipment operation, energy savings, indoor comfort, air quality, or a particular remaining service life.
3. Plan term and renewal
The Plan begins on Date Payment Received and expires on Anniversary of that date, unless cancelled earlier under these Terms.
The Plan currently does not renew automatically. The Customer must affirmatively purchase a new term to continue Plan benefits after the End Date. Hensley may send a courtesy renewal notice approximately 30 days before expiration, but the Plan will expire even if the notice is not received. The Customer does not need to cancel to prevent renewal.
Any future automatic-renewal option will be communicated with the customer complying with applicable Tennessee law.
4. Plan price and payment
The current plan price can be obtained by contacting Hensley Heating & Air Conditioning Co., Inc. at (901) 794-3074.
The Customer authorizes Hensley to collect only the charges and according to the schedule shown in the Enrollment Summary. Charges for diagnostic work, repairs, parts, replacement equipment, or other services outside the Plan require separate Customer authorization.
Failure to pay an amount when due may result in suspension or cancellation after written notice and a reasonable opportunity to cure.
5. Included maintenance services
Hensley will perform the preventive-maintenance tasks bi-annually (typically Spring & Fall, but may commence upon enrollment season). One visit addresses cooling system, one visit addresses heating system:
Performance Furnace Tune-Up
Test for carbon monoxide leaks
Clean burner assembly
Clean ignition assembly
Clean blower motor
Inspect filtration system Replace 1” Disposable Filter where applicable
Adjust blower components
Test and adjust safety controls
Tighten electrical connections
Check flue draft
Check combustion
Inspect vent piping
Inspect humidification system
Performance Air Handler Tune-Up
Inspect evaporator coil
Clean blower motor
Inspect filtration system Replace 1” Disposable Filter where applicable
Adjust blower components
Test and adjust safety controls
Tighten electrical connections
Inspect humidification system
Inspect electrical heating elements
Performance Air Conditioner Tune-Up
Clean condenser coil
Inspect evaporator coil if accessible
Clean condensate drain
Clean blower motor
Inspect filtration system Replace 1” Disposable Filter where applicable
Adjust blower components
Inspect for refrigerant leaks
Test condensate pump
Tighten electrical connections
Test starting capabilities
Measure air temperature differential
Monitor refrigerant pressure
Measure amperage and voltage
Performance Heat Pump Tune-Up
Clean condenser coil
Clean condensate drain
Check defrost controls
Inspect auxiliary heaters
Inspect filtration system-Replace 1” Disposable Filter where applicable
Inspect for refrigerant leaks
Test condensate pump
Tighten electrical connections
Test starting capabilities
Measure air temperature differential
Monitor refrigerant pressure
Measure amperage and voltage
An inspection or maintenance visit does not include disassembly, destructive testing, engineering, code-compliance certification, environmental testing, or evaluation of concealed or inaccessible conditions unless separately agreed in writing.
If Hensley identifies a condition requiring diagnostic work, repair, replacement, or another service, Hensley will explain the condition and obtain the Customer’s authorization before performing chargeable work.
6. Exclusions
The Plan does not cover or require Hensley to correct:
Preexisting defects or failures;
Equipment that was not functioning when enrolled, unless expressly accepted in writing;
Improper installation, sizing, application, or system design;
Ductwork defects, air balancing, building-envelope problems, or inadequate insulation;
Plumbing, electrical, structural, roofing, drainage, or other work outside the Enrolled Equipment;
Code violations, permit requirements, or manufacturer-mandated modifications;
Inaccessible, concealed, obsolete, discontinued, or unsafe equipment;
Cosmetic conditions;
Damage caused by misuse, abuse, neglect, unauthorized modification, pests, vandalism, fire, freezing, flood, lightning, power interruption or surge, contaminated water, or another event outside Hensley’s reasonable control; or
Any task, part, material, repair, or service not expressly included in the maintenance checklist or Enrollment Summary.
These exclusions do not relieve Hensley from responsibility for damage caused by Hensley’s own negligent performance.
7. Scheduling and access
Maintenance visits will ordinarily be performed during normal business hours, Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays.
The Customer is responsible for scheduling included visits and providing safe, reasonable access to the Enrolled Equipment. Hensley may reschedule because of severe weather, unsafe conditions, technician availability, emergencies, supply disruptions, or circumstances outside Hensley’s reasonable control.
Unused visits expire at the end of the Plan term unless:
The Customer timely requested the visit; and
Hensley was unable to perform it before expiration.
In that event, Hensley will either extend the Plan long enough to complete the visit or refund the portion of the Plan price reasonably allocated to that visit.
The Customer must disclose known hazards, equipment defects, water leaks, electrical problems, access restrictions, animals, or environmental conditions that may affect safe performance.
8. Services outside the Plan
Breakdown calls, diagnostic services, repairs, parts, refrigerant, after-hours service, emergency service, and other work outside the Plan will be charged separately at Hensley’s rates in effect when the work is authorized, less any applicable member discount.
Hensley will provide the applicable price or pricing method and obtain the Customer’s authorization before performing chargeable work, except when immediate action is reasonably necessary to protect persons or property and the Customer has expressly authorized such emergency action.
9. Member discounts
Discounts apply only while the Plan is active;
Discounts apply only to the Enrolled Equipment;
Repair discounts do not apply to diagnostic fees;
Discounts cannot be combined with coupons, special offers, or other promotions;
Discounts are not retroactive.
Member discounts do not apply to projects quoted before Plan enrollment when the Customer enrolls after a proposal or contract has been issued, unless the applicable proposal or contract expressly states otherwise.
A discount does not apply to work performed or purchased before enrollment.
10% Discount on Non-Warranty Parts & Service Repair Fees
10% Discount on Refrigerant (R-407C, R-410A, R-134, R-454B)
10% Discount on Replacement of Covered Equipment
15% Discount on Comfort Accessories (Smart Thermostats, Indoor Air Quality Products such as Air Cleaners, UV Germicidal Lights, Dehumidifiers)
10. Work by other providers
The Customer may use another service provider. The Customer must notify Hensley of material repairs, adjustments, or alterations before Hensley’s next visit and provide available service records.
Advance notice is not required for emergency work.
Hensley may suspend affected services if third-party work creates a safety hazard or materially prevents Hensley from performing the included maintenance. When reasonably possible, Hensley will provide written notice and an opportunity for the Customer to correct the condition or permit an inspection before cancelling the Plan.
11. Equipment eligibility and cancellation by Hensley
Hensley may inspect the Enrolled Equipment to confirm eligibility.
If the initial inspection shows that the equipment is unsafe, inaccessible, materially defective, improperly identified, or unsuitable for preventive maintenance, Hensley may reject the equipment and cancel the Plan. Hensley will then refund the full Plan price, less separately authorized services performed at the inspection.
After the initial eligibility determination, Hensley may cancel the Plan for:
Nonpayment;
Repeated denial of reasonable access;
A material safety hazard;
Material misrepresentation concerning the equipment or property;
Third-party alterations that materially prevent safe service; or
Threatening, abusive, or unlawful conduct toward Hensley personnel.
Except when immediate suspension is reasonably necessary for safety, Hensley will provide written notice describing the reason and a reasonable opportunity to cure. Upon cancellation, Hensley will refund the unused prepaid portion as provided below.
12. Cancellation by the Customer
The Customer may cancel the Plan at any time by sending written notice to:
Email: cpp@hensleyheat.com
Mail: PO BOX 1068 Memphis, TN 38101-1068
No particular wording is required as long as the notice identifies the Customer and reasonably communicates the intent to cancel.
Cancellation is effective when Hensley receives the notice, except when applicable law provides an earlier effective date.
For a prepaid Plan, the refund will equal:
Plan price paid × number of unused calendar days remaining in the Plan term ÷ total calendar days in the Plan term
Separately authorized charges already earned remain payable. Discounts properly received while the Plan was active will not be retroactively revoked.
Hensley will issue the refund to the original payment method, when reasonably available, within 30 days after cancellation.
Nothing in this section limits a cancellation or refund right provided by applicable law.
13. Sale of the property
If the covered residence is sold, the Customer may:
Cancel the Plan and receive the applicable refund; or
Request in writing that the remaining Plan term be transferred to the new owner.
A transfer is effective only after Hensley receives the new owner’s name and contact information and confirms the transfer in writing. Transfer does not add or change Enrolled Equipment.
14. System failures and property damage
Hensley is not responsible for a system failure, equipment breakdown, water leak, condensate overflow, frozen pipe, electrical event, or related damage that Hensley did not cause.
The Customer remains responsible for monitoring the property, responding to visible or known problems, maintaining utilities and drainage, replacing customer-supplied filters, and taking reasonable steps to prevent further damage.
Hensley remains responsible for direct physical damage proximately caused by Hensley’s negligent performance of included services. Nothing in the Plan excludes or limits liability for gross negligence, reckless or intentional misconduct, fraud, personal injury, or a right or remedy that cannot lawfully be waived.
To the extent permitted by law, neither party is liable for remote, speculative, or special damages that were not reasonably foreseeable when the Plan was purchased.
15. Delays beyond reasonable control
Hensley is not in breach for a reasonable delay caused by severe weather, natural disaster, fire, government action, labor or supply disruption, utility failure, unsafe conditions, or another circumstance outside Hensley’s reasonable control.
This section excuses only the delay. It does not eliminate the Customer’s right to receive an included visit, an appropriate extension, or a refund for a service Hensley ultimately cannot provide.
16. Changes to the Plan
Hensley may change the price, benefits, exclusions, or other material terms only for a future renewal term after providing advance written notice.
During an existing prepaid term, Hensley may make a change only when:
Required by applicable law;
Necessary to correct an obvious clerical error; or
The change does not materially reduce the Customer’s benefits.
If a legally required midterm change materially reduces Plan benefits, Hensley will notify the Customer in writing and permit cancellation with an appropriate refund.
17. Notices
Notices to the Customer may be delivered to the mailing address or email address in the Enrollment Summary. The Customer is responsible for notifying Hensley of changes to that information.
Notices to Hensley must be sent to the email or physical address stated in Section 12.
18. Tennessee law and nonwaivable rights
Tennessee law governs the Plan, without requiring the application of another state’s law to a Tennessee consumer-protection claim.
Nothing in the Plan waives or restricts any right or remedy that cannot lawfully be waived, including applicable rights under the Tennessee Consumer Protection Act.
19. Entire agreement; severability; no waiver
The Plan documents constitute the entire agreement regarding the Comfort Protection Plan™. A sales statement or advertisement changes the Plan only if incorporated into the Enrollment Summary or confirmed by Hensley in writing.
If a provision is held unenforceable, it will be enforced to the maximum lawful extent, and the remaining provisions will continue in effect.
A party’s failure to enforce a provision on one occasion does not waive the right to enforce it later.
Tennessee in-home enrollment notice
BUYER’S RIGHT TO CANCEL
If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before twelve o’clock midnight (12:00) of the third business day after you sign this agreement. The notice must be mailed to: PO BOX 1068 MEMPHIS, TENNESSEE 38101-1068
This notice reflects Tenn. Code § 47-18-704. The manual-renewal structure avoids Tennessee’s automatic-renewal requirements; if Hensley later adopts automatic billing, the enrollment workflow and contract must be revised under Tenn. Code § 47-18-133.