How To Repair A Covered Product

Transcription

1 SAMPLE TERMS and CONDITIONS Terms & Conditions 365 HOME WARRANTY TM Plan Terms and Conditions. This is a SAMPLE contract for viewing purposes only. By purchasing this 365 Home Warranty TM ( 365 ) Plan and making payment for this Plan, you acknowledge that you have had the opportunity to carefully read and understand the terms and conditions set forth herein and agree with each provision of this document. Please retain this document for your records. These terms and conditions, along with your receipt for payment and your application, constitute the entire agreement between the parties to this Plan inclusive of all obligations and duties (collectively, the Plan ). This is not a contract of insurance. Throughout this Plan, the terms we, us and our refer to our third party administrator ( Administrator ), as the sole party obligated to perform the services described in this Plan (the Obligor ). However, in Connecticut, California, Georgia, North Carolina, Oregon and Utah, the dealer from which you purchased the registered covered product ( Dealer ) shall be the Obligor to which these terms apply. The terms you and your refer to you, the Plan holder, as identified on your application and/or receipt for payment. 1. Term. Term under this Plan begins immediately, coverage subject to a thirty (30) day waiting period, and will extend for twelve (12) months as shown on your application. Contract expiration is measured from the date on which you purchased this Plan. 2. Registration. Registration of the covered product will be done upon receipt of the completed application by Administrator and remittance of payment for the Plan. At the time of purchase, you will be provided instructions on how to obtain customer service. 3. Your Responsibilities. Covered Products must be in good working condition at the time of Plan purchase; any faults identified within thirty (30) days of the initial purchase will be recorded as a pre-existing defect and will not be covered. You must follow the manufacturer s instructions for proper use, care and maintenance of the covered product. Maintenance records will be required when initiating a claim for covered Products. Please retain these terms for your records. Products owned by anyone other than you will not be covered under the Plan. Any abuse by you including, but not limited to, seeking repair of products not belonging to you, may result in termination of the Plan. You authorize us to install any component, wiring and parts to your covered product, as needed, to provide the services described under this Plan. You acknowledge and agree that neither we nor 365 will be responsible for any secondary or consequential damages. 4. Coverage. This Plan provides for the repair to normal operating condition after the covered product has failed due to defects in materials during normal use during the Term of this Plan. This Plan covers qualifying products residing in the United States of America or Canada only. Systems and items indicated on page 1 of this plan that are installed in the home and in proper working condition on the effective date of this plan. Coverage starts 30 days after acceptance of application by Us and receipt of applicable contract fees and continues for 365 days from that date. A. APPLIANCES Basic Plan List Includes - Exhaust hood/kitchen fan, Clothes Washer, Clothes Dryer, Microwave builtin/countertop, Oven, Cooktop, Range, Dishwasher, Garbage Disposal, Instant hot water dispenser, Refrigerator w/ built- in Ice Maker, Freezer (standalone), Trash Compactor.

2 Standard and Premium Plans List Also Includes Attic Fan, Bathroom Exhaust Fan, Ceiling Fans, Door Bell, Garage Door Opener. Not Covered: Automatic deodorizers; buckets; commercial units; damage to clothing; doors; door cables; door glass; door seals; drawers; drip pans; drums; exhaust fan not solely for venting range/cooktop fumes; filters and screens; food spoilage; standalone or self-contained icemakers and ice/water dispensers; water supply lines, independent telescoping range exhaust; interior lining; internal shelves; knobs and handles; light bulbs and fixtures; lock and key assemblies; panels and/or cabinetry; racks; removable minitubs; rollers other than clothes dryer drum rollers; rooftop exhaust units; rotisseries and probes; secondary units; self-cleaning mechanisms including door latches; sensitemp/sensi-heat burners; shelves; springs; structural components; timers and clocks; trays; tubs; venting; washing machine agitators; conditions of water flow restriction due to scale, minerals and other deposits. B. PRIMARY CENTRAL HEATING (FURNACE) SYSTEM (if applicable) Central Heating System is defined as the main heat source of the dwelling to include heat pump. Mechanical parts and components of one (1) system, either hot water and steam heating system or centrally ducted forced air/gas/electric heating system or electric baseboard units, if providing the primary source of heat in dwelling, as follows: accessible ductwork from covered heating unit to point of attachment to register/grill; blower fan motors; burners; controls; fan blades; heat/ cool thermostats (electronic set back units will be replaced only with standard units); heat exchangers; heating elements; igniter and pilot assemblies; internal system controls, wiring, and relays; motors (excludes dampers); and switches. Electric baseboard units are covered if they are the primary source of heating for the property. Not Covered: Chimneys, flues, and liners; cleaning and re-lighting of burners; concrete encased or inaccessible ductwork; concrete encased steam or radiant heating coils or lines; conditions of water flow restriction due to scale, minerals and other deposits; fossil fuel control systems and other energy management systems and controls; dampers; asbestos insulated ductwork or piping; electric baseboard heat unless primary heating system in home; filters (including electronic/electrostatic and de-ionizing filter systems); fireplaces and their respective components and gas lines; free-standing or portable heating units; fuel storage tanks, lines, and filters; gas log systems, including gas feed lines; humidifiers; inaccessible water/steam lines leading to or from system; individual space heaters; maintenance and cleaning; panels and/or cabinetry; pressure regulators; radiant heating systems built into walls, floors or ceilings; registers and grills; secondary units; solar heating devices and components; and structural components. C. PRIMARY AIR CONDITIONING SYSTEM (if applicable) Mechanical parts and components of one (1) centrally ducted air conditioning system, heat pumps system, evaporative (swamp) cooler unit, as follows: accessible ductwork from the air conditioning unit to the point of attachment at registers/grills; air handler; blower fan motors; capacitors; compressor; condenser; condenser fan motor; condenser coil; evaporator coil; fan blades; refrigerant gas lines interior to the unit; internal system controls; internal wiring; motor (excludes dampers); primary condensate drain pan; refrigerant (excludes reclamation); refrigerant filter dryer; refrigerant piping (excluding inter-connecting line sets and geo-thermal piping); relays; reversing valves; switches and controls; and thermostats (electronic set back units will be replaced only with standard units). We cover system with maximum of five (5) ton capacity, and designed for residential application. Not Covered:

3 Primary/secondary condensate, pumps, and lines; asbestos insulated ductwork or piping; concrete encased or inaccessible ductwork; dampers; filters (including electronic/ electrostatic and de-ionizing filter systems); fossil fuel control systems and other energy management systems and controls; geothermal piping; heat recovery unit; humidifiers; interconnecting refrigerant lines (external of the covered product); panels and/or cabinetry; registers and grills; recapture/reclaim of refrigerant; structural components; water pumps, valves and lines (external of the condenser unit); wall units (except as noted above); window units, and water cooling towers. Gas systems, including ammonia systems, and chilled water systems, are not covered. D. DUCTWORK (if applicable) Plan covers all ductwork when repair or replacement of the heating and air conditioning unit is required. This agreement does not cover registers, grills, insulation and concrete encased ductwork if access is required to normally inaccessible ductwork the servicer will only restore opening to a rough finish condition. E. ELECTRICAL SYSTEM (if applicable) Plan covers standard mechanical parts or components located within the perimeter of the outer load bearing walls consisting of the following: ceiling fan motors and their controls (excluding transmitters and remotes); 2 garage door openers; interior standard light switches, main breaker or fuse panel/box receptacles and general line voltage wiring. Not Covered: batteries; direct current (DC) wiring and systems; exterior wiring and components (except main panels mounted to exterior wall); any wiring or components servicing a detached structure; fire, smoke or carbon monoxide alarm and/or detection systems and batteries; garage door assemblies including door panels, tracks, rollers, hinges, cables and springs; intercom or speaker systems; lighting fixtures; load control devices; low voltage systems including wiring and relays; sending units; service entrance cables; telephone systems; timers; touch pad assemblies; transmitters and remotes; utility meter base pans; and wall fans. Failures and conditions caused by inadequate wiring capacity, circuit overload and power failure/ shortage or surge, are not covered. F. HOT WATER HEATER (if applicable) Plan covers Mechanical parts and components of one (1) water heater, including circulatory pumps and domestic hot water coils attached to boilers, but excluding solar and heat recovery units. Includes mechanical failure resulting from sediment buildup. Not Covered: Auxiliary and secondary holding/storage tanks; base pans; color or purity of water; flues; vent pipes/lines; insulation and insulation blankets; heat recovery units; any noise without a related mechanical failure; point of service and/or hot water dispensers; racks; straps; timers; and solar heaters, including all parts and components G. PLUMBING (if applicable) Plan covers breaks and leaks on exposed water, gas, and drain lines within the perimeter of the main dwelling. Servicer will clear all drain and waste line stoppages which can be cleared with 100 feet of sewer cable, EXCEPT the recurrence of stoppage within 15 days of a previous stoppage. Mechanical parts and components of the following: garbage disposal; interior hose bibs; shower and tub valves;

4 toilet tanks, bowls, and toilet mechanisms within the toilet tank; a sump pump assembly located within the home and hard piped installed. Not Covered: assembly parts within the water closet tank, toilet wax ring seal, plumbing fixtures, faucets sewage ejector pumps, holding tanks, caulking, grouting, shower base pans, enclosures, tub, shower and diverter valves, pop-up drain parts and components, toilet tanks, toilet bowls, toilet lids or toilet seats. Also, water restrictions caused by inadequate supply or improper design, rust or other deposits within the pipes, septic tanks, collapse of piping or damage caused by freeze or root damage. Items behind walls, floors or ceiling are not covered. H. OPTIONAL COVERAGES Applicable only if indicated on page 1 of this plan and if appropriate payment is received by Administrator. Optional coverage available as stated below. 1. SECONDARY HEATING or AIR CONDITIONING SYSTEM(S) - Optional coverage includes parts and components same as the primary units with a capacity of 5 tons or less. 2. SWIMMING POOL, SPA AND WHIRLPOOL EQUIPMENT - Optional coverage includes filters, heaters, pumps, motors, gaskets, relays, impellers, timers, backflush valve and above ground plumbing lines leading to and from the pool, spa or whirlpool. Not Covered: cleaning covered product, pool sweeps, concrete encased or underground plumbing, electrical lines and lights, structural defects, code violations, solar water heaters, liners or freeze damage. 3. SEPTIC SYSTEM Optional coverage includes sewage ejector pump, jet pump, aerobic pump, septic tank and line from house. Not Covered: leach lines, Field lines, lateral lines, tile fields and leach beds, insufficient capacity, pump out, and cleaning. We will pay no more than $500 per Plan term for access, diagnosis and repair and/or replacement. 5. Value Limitation on Claims. Under this Plan, you are limited to repairs with a twelve (12) month Plan limit not to exceed $500 or $1000 per individual claim (see below for details) and an aggregate per System/Component limit not to exceed $1500. Central Heating and Central Air Conditioning Systems are subject to a $1, per service incidence cap. Appliances, Water Heater, Ductwork, and all other systems are subject to a $ per service incidence cap. All Systems/Components combined are subject to a $3, aggregate annual limit. In no event shall we be liable for claims in excess of the claim limits or aggregate limit per calendar year from the agreement effective date. 6. Payment. You agree to pay for this Plan at the same time your application is submitted to us. Coverage will not begin until payment is received and the Term commences; and, non-payment will result in rejection of your application. All charges, plus all applicable taxes, will be due and payable by the due date stated on your application. 7. Exclusions from Coverage. This Plan does not cover the following: a. Any failure resulting from wear and tear, any failure resulting from electrical failure due to low or improper battery charge, collision; internal or external fire; theft; vandalism; riot; explosion; lightning; earthquake; freezing; rust or corrosion; windstorm; hail; water or flood; salt; environmental damage; contamination or loss of fluids, fuels, coolants or lubricants; b. Any failure caused by misuse; abuse; negligence; lack of normal maintenance required by the manufacturer s maintenance schedule for your covered product; improper servicing by you after the effective date of this contract; sludge build-up or not maintaining proper levels of lubricants and/or coolants; or not protecting the covered product from further damage when a failure has occurred; c. Any repair or replacement of a covered

5 part if a failure has not occurred or if the wear on that part has not exceeded the field tolerances permitted by the manufacturer; d. Any product that has received alterations; or, if you are using, or have used, your covered product in a manner not recommended by the manufacturer; e. Any liability for property damage or injury or death of any persons arising out of the operation, maintenance or use of your covered product, whether or not related to the parts covered. Loss of time, profit, inconvenience, or any other loss that results from a failure; f. Repairs to seized or damaged covered products due to continued operation without sufficient lubricants or coolant; g. Any failure covered by an insurance policy; warranty from the manufacturer including; a repairer s guarantee/warranty; or failures for which the manufacturer has announced its responsibility through any means, including recall campaigns and factory service bulletins; h. Any failure occurring prior to the contract purchase date, or if information provided by you or a repair facility cannot be verified as accurate or is found to be deceptively inaccurate; i. Any covered product that has been registered for less than thirty (30) days; j. Liquid immersion of any kind or failure due to general environmental conditions including, but not limited to, rust, corrosion, mold or dust; animal or insect damage; k. Improper electrical wiring and connections; improper installation, or setup; user facilitated minor adjustments and settings outlined in the covered product s owner s manual; inaccessible covered product or parts; l. Acts of God such as fire, lightning, water, windstorm, sand, dirt, hail or earthquake; civil disorder; riot; nuclear accident; malicious mischief; m. Any consumable part, such as remote controls or batteries or failure due to batteries; costs due to routine maintenance, customer education, or no problem found; n. Peripherals, adjunct devices or any device that is not built into your covered product s housing; o. Unintentional or accidental loss or damage not resulting from normal and customary use and handling of the covered product such as, but not limited to, the spilling of liquid on the covered product or the dropping of the covered product; p. Damage to, failure of, or defect in cosmetic or non-operational components that do not inhibit the proper operation and performance of a covered item such as, but not limited to, appearance parts or decorative finishing; q. Problems caused by abuse, misuse, improper installation, or collision with any object; r. Problems resulting from the original manufacturer's design plan or manufacturing process (as determined solely by us); s. Special, indirect, consequential or incidental damage; loss of use, or property damage or loss of the covered product while in storage or in the course of transit, delivery or redelivery; t. Theft or loss of the covered product. 8. Cancellation. This Plan may be canceled by you at any time for any reason by notifying us by calling (800) (or other number that we may designate for such purpose). We may elect to cancel this Plan by thirty (30) days written notice to you at your last known address. Prior notice is not required if the reason for cancellation is nonpayment of the fee for this Plan, a material misrepresentation by you directly or indirectly to Administrator or a substantial breach of duties by you relating to the covered product or its use. Upon any other termination or cancellation by you or us you will have coverage provided, at no cost from the date of termination or cancellation plus an additional thirty (30) days. 9. Claims Process. Homeowner (including tenant) must notify Administrator of any malfunction of a covered system or appliance by calling (800) Administrator will not be responsible for work started or performed, before authorization is given by Administrator. All failures must occur and repairs must be made within the United States of America or Canada. Service will be initiated by, and under the direction of Administrator within 48 hours after the request is made by the homeowner or tenant.. After Administrator authorizes your claim, Administrator will arrange payment for service and Administrator will cover the reasonable cost of parts and labor that Administrator authorizes. There is a

6 per-occurrence Service Charge, payable to Administrator, via credit card, at the time of your claim. Repair service will be available Monday through Friday during regular business hours, except holidays. Weekend, holiday and evening service will be performed only when a failure or malfunction is life or health threatening,, we will warrant a repair service for thirty (30) days from the date of repair completion. Coverage under this Plan continues after each repair. If Administrator determines at its sole discretion that your covered product cannot be repaired, Administrator will provide a replacement of like kind and quality, or, at the sole discretion of Administrator, issue a check made payable to you in an amount up to the limit of this Plan and this will satisfy our full obligations under this Plan. Administrator has the sole right to select the servicing contractor. Homeowner shall not obtain repair or replacement without prior authorization from Administrator. 10. Limitation of Liability. Important Note: Some systems, parts and components of systems which are in many homes are not covered by this plan. These non-covered systems include, but are not limited to, any solar device, gas log lighters and septic tanks. Unless a specific system or component is described herein as covered, coverage is not applicable. Administrator will have the sole right to determine whether or not a malfunction is to be corrected by repair or replacement. Such repair or replacement will be made with material of like kind and quality. If such replacement item is not available, replacement may be made with an item(s) of like or similar service and use. Administrator is not responsible for matching color or finish. NO coverage is provided for cosmetic or finish deficiencies. 1. This plan provides for the costs for repair or replacement of covered systems, items, or appliances necessitated by electrical or mechanical failures during normal usage. Commercial systems or covered products modified for home usage and commercial usage items are not covered. 2. Except for certain plumbing, heating and ductwork repairs specifically described herein, this plan does not provide for the cost of gaining access to and closing access from the system or appliance; nor does it provide for restoration of walls, floor coverings, cabinets, or for cosmetic items. 3. This plan does not provide for additional cost and expense when current zoning or building codes prevent restoration to original condition or when additional zoning or building code requirements must be met in order to effect or complete the repair of a system. 4. General exclusions: The plan does not provide coverage for normal maintenance, adjustments, abuse, defect or failure of any system or appliance caused by fire, flood, wind, water, lightning, earthquake, freeze, ice, snow, sleet, rust, corrosion, atmospheric or geologic conditions, animal or insect damage, explosion, war, act of civil or military authority, vandalism, crime, malicious mischief or accident. Nor does it provide coverage for any damage of defect covered by that which is commonly covered by homeowner s insurance. This plan does not provide coverage for repair of internal cavity parts or internal and external cabinet parts of appliances or systems. 5. In the event of default of the mortgage or abandonment, the plan becomes null and void and may not be transferred to any subsequent owner. 6. In the event of total loss of the home by fire, wind, theft or other Acts of God, Administrator s obligations hereunder shall be suspended until receipt of a Certificate of Occupancy, issued in accordance with local statutes. Upon receipt, Administrator will reactivate coverage under this plan to the completion of the original term written. Neither we nor our vendors, suppliers or licensors are liable for any direct or indirect damages arising out of or in connection with any: (a) act or omission by you, or another person or company; (b) provision or failure to provide services; (c) interruptions or failures in accessing or attempting to access any services. Certain portions of the services will be provided by parties that are independent contractors to us. Except as described in these terms and conditions, these services are provided "as is" and all express

7 and implied warranties related to the services are hereby disclaimed, including any implied warranties related to the services, including any implied warranty of non-infringement, merchantability, or fitness for a particular purpose. We do not promise uninterrupted or error-free service and you will hold us harmless for all such and similar issues. We disclaim and are not liable for any act or omission committed by any such independent contractors. If we are found to be responsible to you for monetary direct damages relating to these services, you agree that any such damages will not exceed the charge you paid for this Plan. 11. Force Majeure. We will not be held responsible for any delay or failure in performance under any part of this Plan to the extent that such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, or other similar cause beyond our control. 12. Abuse of Plan. Any abuse of this Plan by you including, but not limited to, seeking repair of covered product not belonging to you, may result in termination of the Plan. 13. Transferability. You may not transfer or assign this Plan, any interest in this Plan, or any benefits under this Plan, to another party. 14. Renewability. This Plan may renew once the Term has completed. 15. Financial Responsibility. Obligations under this Plan are backed by the full faith and credit of the Obligor as identified above, the address for which, in the case of Administrator, is 360 Market Place, Roswell, GA 30075; and, in the case of the Dealer, as indicated on your receipt. 16. Additional Terms and Conditions. The following additional terms and conditions apply only to Plans purchased in the states indicated below and shall govern to the extent of any express conflict with a provision above. For Plans purchased over the telephone or Internet, refer to the state in which you reside. AL, AR, MN, MO, NM, NY, NV, SC, TX, WA and WY Only. If no claim has been made under this Plan, you have the right to return this Plan within 20 days of the date this Plan was mailed to you, or within 10 days of delivery if this Plan was delivered to you at the time of sale. In such a case, this Plan will be void and we will refund to you the full amount of the purchase price of this Plan. This right to void this Plan is not transferable and applies only to the original Plan purchaser. AL and WA Only. A 10% penalty per month will be added to a refund that is not made within 30 days of return of this Plan to us. AR, MN, NV, SC, TX and WY Only. A 10% penalty per month will be added to a refund that is not made within 45 days of return of this Plan to us. FL and OK Only. If you cancel this Plan, return of premium will be based upon 90% of unearned pro rata premium less any claims that have been paid or less the cost of repairs on your behalf. If we cancel this Plan, return of premium will be based upon 100% of unearned pro rata premium less any claims paid or the cost of repairs made on your behalf. AL Only. If you submit a written request to cancel this Plan, you will be provided a pro rata refund less reasonable handling costs, any claims that may have been paid, and an administrative fee of up to $25. FL Only. The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. GA Only. We may cancel this Plan only for fraud, material misrepresentation, or failure to pay. You may cancel this Plan at any time upon demand and surrender of the Plan, in which case we will refund the excess of consideration paid above the customary short rate for the expired term of the Plan. IL Only. If you cancel this Plan within 30 days after you purchase this Plan and no service has been provided, we will refund the total cost of this Plan less a cancellation fee. At any other time, you will be provided a pro rata refund for the unexpired term of this Plan, based upon the elapsed term of this Plan less the value of any service received and a cancellation fee. No cancellation fee will exceed the lesser of 10% of the Plan price or $50. KY Only: This Plan is bonded by Platte River Insurance Company, P.O. Box 5900, Madison, WI (the "insurer"). You

8 are entitled to make a direct claim against the insurer in the event we fail to pay any claim within 60 days after the claim has been filed with us. MI Only. If the performance of this Plan is interrupted because of a strike or work stoppage, the effective period of this Plan shall be extended by the period of the strike or work stoppage. NV Only. If any payment required under this Plan is not made when due, we have the right to cancel this Plan. In such a case, you will be provided a pro rata refund less any outstanding balance on your account. If you are the original Plan purchaser and you submit a written request to cancel this Plan, you will be provided a pro rata refund less any outstanding balance on your account and a cancellation fee of $25 or 10% of the Plan fee, whichever is less. You will be provided a pro rata refund less any outstanding balance on your account. Cancellation of this Plan is effective 15 days after we mail the cancellation notice to you. This Plan may be canceled pursuant to the terms above, or a claim may be denied or delayed, if the serial plate on your phone has been removed or in any way made illegible. NC Only. The purchase of this Plan is not required either to purchase or obtain financing for a home appliance. We may only cancel this Plan for nonpayment or for your direct violation of any Plan provision. You may cancel this Plan at any time after purchase and receive a pro rata refund less any claims paid and an administrative fee of up to 10% of the pro rata refund. OH Only. This Plan does not cover covered product malfunction or failure caused by power surge. OK Only. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. SC Only. In the event of a dispute with the provider of this Plan, you may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina or (800) TN Only. This Plan is automatically extended while the product is being repaired. TX Only. If you purchased this Plan in Texas, unresolved complaints concerning a provider or questions concerning the regulation of providers may be addressed to the Texas Department of Licensing and Regulation, PO Box 12157, Austin, TX or (512) or (800) WA Only. We may cancel this Plan upon 21 days prior written notice to you. WI Only. THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE. This Plan will only be cancelled mid-term for material misrepresentation, substantial change in the risk assumed, or a substantial breach of contractual duties, conditions or warranties. You may, within 15 calendar days of the delivery of this Plan, reject and return this Plan for a full refund less actual costs or charges needed to issue and service this Plan. If you cancel this Plan at any time during the coverage period, claims will not be considered when calculating any refund due.