IMPORTANT: Please read these terms and conditions carefully. They describe the terms of your coverage, limitations, exclusions, and how to obtain service. Refer to the Exclusions Section for a list of exclusions. The Confirmation Pages are part of this contract. This is not an insurance policy and as such does not replace Your Homeowners Insurance.

 a) COVERAGE, COVERAGE TYPES AND COVERAGE PERIOD

1. 1.  The term Your Agreement is in effect, Your Agreement Fee, Your Service Fee, and Your systems covered under this Agreement, are set forth in Your Coverage Details. Additional costs may apply in accordance with other sections of this contract.
2. 2.  All systems (a) must become inoperative due to normal wear and tear; (b) with the exception of pool/spa, well pump, septic tank pumping, irrigation system, external water line, external sewer and septic line, outdoor kitchen and air conditioner, must be located inside the main foundation or detached garage (c) except as specifically described for Home owner’s coverage, must be in proper working order on the effective date of this home warranty Agreement.
3. 3.  This Agreement covers occupied homes under 5,000 square feet unless additional fees are paid.

 

 

1. b) DEFINITIONS
2. Agent refers to the real estate agent or representative that is assisting You on the purchase or sale of Your home.
3. Agreement refers to this Home Warranty Terms of Service Agreement.
4. Agreement Fee refers to the amount listed as Your “Rate” on Your Coverage Details and the amount You paid for this Agreement.
5. Annual Monthly Agreement Fee refers to the Agreement Fee for each respective 12-month period beginning on the Order Date or Your coverage effective date (whichever is later).
6. Breakdown means a full or partial failure of a Covered Item due to normal wear and tear during the manufacturer’s or industry standard life expectancy of the Covered Item.
7. Component Part means covered parts of a Covered Item as listed in the “What Is Covered” section.
8. Confirmation Page means the pages of this Service Contract that list information regarding You, Us, and the Service Contract.
9. Contract Administrator means the party performing customer service and claims processing Services for the Contract Obligor/ Provider. The Contract Administrator is not liable for any of the obligations of the Contract Obligor/Provider. The Contract Administrator is shown on the Confirmation Page.
10. Contract End Date means the date this contract ends. No claim will be accepted after this date. The Contract End Date is shown on the Confirmation Page.
11.   Contract Fee means the amount paid for this Service Contract, as shown on the Confirmation Page. Payment is due at closing and must be received within seven (7) business days to ensure coverage.
12.   Contract Obligor/Provider means the party obligated to perform or arrange to perform Services pursuant to the terms of this Service Contract. The Contract Obligor/Provider is shown on the Confirmation Page and is also referred to as “We”, “Us” and “Our”.
13.   Contract Start Date means the date this coverage begins. No claim will be accepted prior to this date. The Contract Start Date is shown on the Confirmation Page.
14.   Covered Home means the residential dwelling covered by this Service Contract. The address of the Covered Home is shown on the Confirmation Page.
15.   Covered Item means those items shown to be covered on the Confirmation Page, which must be:
16. Located in a single-family or multi-family residence;
17. Fully operational, and not experiencing a Breakdown
    as of the Contract Start Date;
18. Located within the main perimeter of the main foundation of the Covered Home or within an attached garage (unless otherwise indicated) as of the Contract Start Date;
19. Located in a building or room not being used for commercial or business purposes.
20.   An item not indicated as covered on the Confirmation Page or that is indicated as Not Covered in the “What Is Covered” section or that does not meet these requirements is NOT a Covered Item.
21.   Deductible means the minimum amount You are required to pay for each claim. The Deductible is shown on the Confirmation Page.
22.   Emergency Condition means a situation that could affect Your ability to live in the Covered Home or a condition that if not addressed may result in serious damage to the Covered Home or injury to occupants, such as, but not limited to, loss of heating or cooling, loss of plumbing or a plumbing leak, or loss of electrical service to the Covered Home.
23.   Licensed Contractor means the person or entity You choose. Your Licensed Contractor must be licensed and bonded where the law requires, and where licenses are not required, must be lawfully permitted to perform installation or repairs or other regular service on the Covered Item that has a Breakdown. Your Licensed Contractor is not Our representative or agent.
24.   Primary Purpose refers to a Covered Item’s primary operating function. An example of a failure that does not affect the primary operating function is a failed light bulb or ice maker in a refrigerator.
25.   Replace or Replacement of a Covered Item means for clothes dryer, clothes washer, built-in microwave, oven/range/cooktop, dishwasher, refrigerator, and garbage disposal, We are responsible only for replacement equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand, or color. For all other Covered Items, We will replace with builder’s standard grade equipment that is the basic option that typically comes in standard sizes, colors, and standard configurations designed to fit most homes. We shall not be responsible for costs of equipment or labor in excess of builder’s standard grade equipment.
26.   Service Contract means this agreement which has been purchased from Us and which includes the Confirmation Pages and any amendments. The Service Contract contains all the coverages, limitations and exclusions.
27.   Service means answer claim calls from You or Licensed Contractors, assign claim numbers, assist in locating a Licensed Contractor, speak to Your Licensed Contractor(s), make claim determinations, explain coverage, exclusions, and payment or reimbursement options, pay approved claim amounts, and otherwise administer claims. Services to be performed by Contract Obligor/Provider do not include diagnostics or work to repair or replace your Covered Item(s). Diagnostics and/or work to repair or replace your Covered Item(s) are to be performed by Your Licensed Contractor. We do not and are under no obligation to dispatch Licensed Contractors.
28.   Service Provider refers to a qualified service contractor within Our network that complete work under this Agreement. Service Providers are third parties not employees of Ours.
29.   You or Your refers to the Agreement holder(s).
30.   WAITING PERIOD MEANS THE PERIOD OF TIME STARTING ON THE CONTRACT START DATE, AS SHOWN ON THE CONFIRMATION PAGE, DURING WHICH NO CLAIMS ARE CONSIDERED FOR COVERAGE.

 

1. c) SERVICE CONTRACT INTRODUCTION

This Service Contract provides assistance to You if a Breakdown occurs on a Covered Item due to normal wear and tear. This Service Contract is not intended to shift responsibility for minor repairs or normal maintenance. It does not cover everything. It may not cover the entire cost of repair or replacement of a Covered Item. A Deductible is required for each claim. Please read the following terms and conditions carefully. They describe the terms of Your coverage and how to obtain Service.

 

1. d) WHAT IS COVERED

See Your Confirmation Page to determine which of the following are included in Your Service Contract as a Covered Item. Only those indicated on the Confirmation Page as covered are included and no coverage is provided on any product or system not indicated as covered on the Confirmation Page. Covered Items are different for each plan as shown on the Confirmation Page.

  

Silver Plan

o   Kitchen Faucet: All parts and components are covered.

o   Bathroom Faucet: All parts and components are covered.

o   Toilet: All parts and components except Toilet Seat and Lid; Toilet Tank Lid are covered.

o   Shut-Off Valves: All parts and components are covered.

o   Sump Pump: Permanently installed sump pump (ground water only) is covered. Not covered: Sewage ejector pumps or lift stations; any unit located outside the covered home; backup battery power supply and pump.

o   Snake Toilet: All parts and components are covered.

o   Snake Sink: All parts and components are covered.

o   Snake Bathtub: All parts and components are covered.

o   Outlets: All parts and components are covered.

o   Switches: All parts and components are covered.

o   Light Fixtures: All parts and components are covered.

 

Gold Plan

o   Kitchen Faucet: All parts and components are covered.

o   Bathroom Faucet: All parts and components are covered.

o   Toilet: All parts and components except Toilet Seat and Lid; Toilet Tank Lid are covered.

o   Shut-Off Valves: All parts and components are covered.

o   Water Heater: All parts and components of water heaters including the tank, circulating pumps, mixing valves, and thermal expansion tanks. Not covered: Tempering tanks (holding and storage tanks); or fuel storage tanks.

o   Sump Pump: Permanently installed sump pump (ground water only) is covered. Not covered: Sewage ejector pumps or lift stations; any unit located outside the covered home; backup battery power supply and pump.

o   Snake Toilet: All parts and components are covered.

o   Snake Sink: All parts and components are covered.

o   Snake Bathtub: All parts and components are covered.

o   Snake Main Line: All parts and components are covered.

o   GFCI Outlets: All parts and components are covered.

o   Ceiling Fans: All parts and components are covered.

o   Hardware Door Bells: All parts and components of a hard-wired doorbell unit. Not covered: Any doorbell that is part of an intercom, video monitoring, or security system.

o   Light Fixtures: All parts and components are covered.

o   Panels: Electrical panels that provide electrical power to the Covered Home. Not covered: Electrical panel boxes that solely provide electrical power to items or structures located outside the main foundation of the Covered Home.

o   Wiring: Interior wiring including main breaker panel or fuse box, general wiring, receptacles, and standard light switches. Not covered: Wiring or electrical system components servicing additional or optional items for which no coverage has been purchased; heat lamps; load control devices; wall, bathroom, attic, exhaust, or whole house fans; failures and conditions caused by inadequate wiring capacity.

 

Diamond Plan

o   All covered items from Silver and Gold Plans are included.

o   Sewer Pump: All parts and components are covered.

o   Camera Inspection: All parts and components are covered.

o   Electric: All parts and components are covered.

o   Washing Machine: All parts and components except fabric softener dispensers; filter screens; knobs and dials; and damage to clothing are covered.

o   Dryer: All parts and components except venting; knobs and dials; and damage to clothing are covered.

o   Dish Washer: All parts and components including portable units in home at time of Agreement inception. Not covered: Cleaning or repair due to failure caused by foreign objects, scale, rust, minerals, and other deposits; soap/rinse aid dispenser; handles and knobs; racks; door seals/gaskets; baskets; and rollers.

o   Microwave: All parts and components except countertop, portable, convection, infrared or high speed units; interior linings; glass; shelves; handles; meat probe assemblies or rotisseries; and venting components are covered.

o   AC Units: All parts and components of permanently installed air conditioning systems up to a 5-ton capacity, including the condensation line, of the following types: Ducted central and electric split and package units, geothermal, evaporative coolers, wall air conditioners; and mini splits. Not covered: All parts and components of geothermal systems located outside or under the Covered Home’s main foundation; fuel storage tanks; window or portable air conditioning units; water towers and chiller systems; and humidifiers; dehumidifiers; ultraviolet lights; home purification systems.

o   Heat: All parts and components of permanently installed heating systems up to a 5 ton capacity of the following types: forced air (gas, electric, and oil), geothermal, wall mounted heaters; floor furnaces, package units; heat pumps; mini-splits, hot water or steam circulating heat, and electric baseboard. Not covered: All parts and components of geothermal systems located outside or under the Covered Home’s main foundation; Fuel storage tanks; Window or portable heating units; Humidifiers; dehumidifiers; radiant cable heat; fireplaces; grain, pellet, coal, or wood heating units; ultraviolet lights; home purification systems.

 

1. e) WHAT IS NOT COVERED (EXCLUSIONS)

Specific exclusions related to individual Covered Items are shown in the “Not Covered” section of each Covered Item. Exclusions listed here may apply to any Covered Item.

1. Any claim submitted during any WAITING PERIOD shown on the Confirmation Page is not covered.
2. We will not pay for any additional costs or related expenses which may be required to complete repairs, nor will We upgrade or remedy any lack of capacity, previous improper installation, previous repair of or design of appliances, systems and components; problems occurring because of modifications or alterations to appliances, systems or components; failure to meet building or zoning code requirements or violations; city, county, state, federal, or utility regulations or upgrades required by law.
3. Systems, components, or parts experiencing a Breakdown as of the Contract Start Date are not covered.
4. Items in common areas or facilities of mobile home parks, condominiums, and townhomes are not covered.
5. We are not responsible for repairs or replacements required as a result of missing parts, fire, war, flood, smoke, water damage, lightning, freeze-up, earthquake, theft, storms, accidents, nuclear explosions, reaction, radiation or radioactive contamination, insurrection, extreme or unusual climate conditions, rust-out, corrosion, riots, vandalism, code violations, improper installation, acts of God, pest/animal damage, structural changes, water failure and/or electrical surges, soil movement or mud, or failure to clean or maintain as instructed by the equipment manufacturer. Nor are We responsible for repairs of any cosmetic defects or cost of cleaning of equipment or parts.
6. We are not liable for consequential or secondary damage from any Covered Item for property damage or personal injury, nor for service relating to any toxic materials or asbestos in any way related to or arising from any Covered Item.
7. We are not responsible for any computerized or electronic energy management, lighting, or appliance management systems.
8. We are not responsible for failure to provide reasonable service due to conditions beyond Our control; including, but not limited to delays in obtaining equipment, parts, or labor difficulties.
9. We are not responsible for additional charges to install or remove unrelated equipment or systems in order to make a covered repair.
10.   Vacant or unoccupied homes are covered during the listing period as long as they are maintained and not abandoned.
11.   We will not be obligated to service any system or appliance classified by the manufacturer as commercial, or products that are leased, stolen, vandalized, not properly maintained or connected, misused, neglected, or that break down due
    to abnormal use or damages due to inadequate capacity as determined/diagnosed by a Licensed Contractor in the specific field and/or by Us.
12.   We will not pay for any consequential damage.
13.   We are not responsible for any costs due to repair, replacement, installation and labor of any Component Part while under existing manufacturer’s warranty or third-party service plan/agreement that covers any portion of the Covered Item for parts and/or labor. Any inspections, reports, findings and/or disclosures will be made available to Us upon request.
14.   Anyone doing work on Covered Items is in no way a representative or agent of Us or the Contract Administrator.
15.   Coverage will not be provided if We are not notified when a problem is discovered and prior to the Contract End Date.
16.   All repairs under this Contract must be completed within 30 days of the date We are first notified or the claim will be permanently closed unless, for good cause shown by You, We agree in writing to permit consideration of the claim at a later time.

 

1. f) MULTIPLE UNITS AND INVESTMENT PROPERTIES
2. No coverage is allowed for separate in-law/guest suite, duplex, triplex, or fourplex dwellings, unless the particular unit within such dwelling is covered by this Agreement with applicable optional coverage for coverage to apply to Common Systems.
3. If this Agreement is for a particular unit within a multiple unit dwelling with 5 or more units, then only items contained within the confines of Your individual unit are covered. Common Systems are excluded.
4. Except as otherwise provided in this Section, Common Systems are excluded.

 

1. g) TRANSFER OF AGREEMENT & RENEWALS
2. You may transfer this Agreement at any time without additional cost.
3. Unless You cancel this Agreement, You will automatically be renewed to a Monthly Plan at the end of Your Agreement term at your current coverage level. For Fixed Term Plans, We will notify you, in writing, at least 30 days (or such other time period required by law) prior to the end of your Agreement term with the rate and terms for the automatic renewal.
4. For Monthly Plans, you will be automatically renewed each month at Your current coverage level and at your current rate. We will notify You, in writing, at least 30 days (or such other time required by law) prior to any change in rate or terms of Your Monthly Plan.

 

1. h) GENERAL
2. This Service Contract will be interpreted and enforced according to the laws in the State in which the Covered Home is located.
3. Any dispute arising under this Service Contract shall be submitted for binding arbitration under the auspices of the American Arbitration Association’s local office. Each party shall pay for its own representative(s) and shall bear arbitration costs equally. The Arbitrator’s Award shall be final and binding and may be enforced by any Court and law.
4. Coverage for a lease purchase agreement is available for the Lessee only. This coverage begins upon payment of the Contract Fee and the acceptance of the lease purchase agreement by Us.
5. This Service Contract may be renewed at Our option and where permitted by State Law. Prior to renewal, We will notify You of the proposed renewal terms, price, and payment options.
6. Cancellation: You may cancel this Service Contract by notifying the Contract Administrator in writing. If You cancel within thirty (30) days of the Contract Start Date, We will pay 100% of the Contract Fee paid minus any claims paid. If You cancel more than thirty (30) days after the Contract Start Date, We will pay an amount equal to the pro-rated portion of the Contract Fee paid for the time remaining to the Contract End Date, minus any claims paid, and minus an administrative fee up to the lesser of 10% of the Contract Fee or $50.00. Any refund may be credited to any outstanding balance of Your account and the excess, if any, will be refunded. Any cancellation payment will be payable to the owner of the Covered Home. If the cancellation payment is not made within thirty (30) days of the date We receive Your written cancellation request, We will add an extra 10% for every thirty (30) days payment is delayed beyond the first thirty (30) days.

We may cancel this Service Contract upon fifteen (15) days advance written notice to You, including the reason for cancellation and the cancellation date, at the last known email or street address We have for You. We may cancel this Service Contract for any of the following reasons:

1. Material misrepresentation concerning any Covered Item, or the use of the Covered Item, or any other fact related to the Service Contract;
2. Non-payment of Contract Fee or Deductible;
3. If the listing agreement for the Covered Home terminates or expires without sale of the property;
4. Abuse, threatening, harming, or endangering the safety and/or wellbeing of any of Our employees, or
5. Upon mutual agreement of You and Us.

 

Notice in advance is not required if the reason for Our cancellation is nonpayment of the Contract Fee, and/or upon a material misrepresentation or breach of duties by You relating to any Covered Item or its use. If We cancel this Service Contract, any refund due will be the pro-rated amount of the Contract Fee paid for the time remaining to the Contract End Date, minus any claims paid. No administrative fee applies if We cancel the contract.

 

6. Buyers and/or Sellers, by accepting this Service Contract, give Us, the Contract Administrator, and Our affiliates authorization to contact them by phone, mail and/or electronically.
7. If ownership of the Covered Home changes during the Contract term, You must notify the Contract Administrator within thirty (30) days of property transfer for the Service Contract to be transferred to the new owner of the Covered Home.
8. This is not an insurance policy. If a Contract Insurer is shown on the Confirmation Page, Our obligations are insured by a reimbursement insurance policy. If We fail to pay any claim for which We are liable or fail to pay any refund after cancellation within sixty (60) days of the date We received proof of loss or the date of cancellation, You are entitled to submit a claim direct to the Contract Insurer. When no Contract Insurer is shown on the Confirmation Page, this Service Contract is backed solely by the Full Faith and Credit of the Obligor/Provider.
9. If the Covered Home is in a multi-family dwelling with four (4) units or less, the Service Contract must be purchased for each unit in the multi-family dwelling; if it is not purchased for each unit in the multi-family dwelling, any shared systems and/or appliances will not be covered. If the multi-family dwelling has more than four (4) units, shared systems and/or appliances are not covered in any case.
10.   Manufactured Homes: Manufactured homes must have a permanent address. Manufactured homes during the moving of location from one to another will not be covered from the time of disconnect until thirty (30) days after hook-up by a Licensed Contractor to the second location. Notice must be given to the Contract Administrator of the moving and address change of the Covered Home.