TERMS OF SERVICE AGREEMENT – GUARD HOME WARRANTY
EXCLUDED: Exclusions include, but are not limited to; Common branch waste lines – Any damage to the inside of Your home, including personal property, due to the backup of Your Outside Sewer Line – Movement of any working or nonleaking sewer lines– Updating non-blocked Outside Sewer Lines to comply with code, law or ordinance requirements or changes thereto – Repairs or service to Outside Sewer Lines due to conditions that are not adversely affecting the flow of water, including, but not limited to, slight separations in pipe joints – Removal of debris or obstacles needed to access and clear or repair a Blockage of Your Outside Sewer Line – Service to any Outside Sewer Line not connected to a public sewer system or the Customer’s septic tank, including leach fields – Floor drain – Any Outside Sewer Line not owned by the Customer or damage related to the backup of sewers and drains caused by sewer main lines – Clogged or Blocked lift stations, pumps or any other mechanical devices connected to Your Outside Sewer Line – Any storm-water line connected to the Outside Sewer Line or the sewer main line – Removal of obstacles necessary to access the Outside Sewer Line – Damage to the Outside Sewer Line that is caused, directly or indirectly, by the Customer, a third party, or a natural disaster – Service lines owned by the municipality/utility or connected to a commercial facility or multi-family homes – Outside Sewer Line shear offs at the foundation – Replacing trees or shrubs or repairing private paved, asphalt and/or concrete surfaces or structures – Unless the Guard Plus Add-On is purchased, any system upgrades including but not limited to the following are excluded: municipal code changes, installing clean out, pipe linings, fixing a belly/sag in line, expansion tanks and backflow devices.
(i) Code violations, Modifications to unit, Disposal of old unit and permits:
INCLUDED: Code violations, Modifications to unit, Disposal of old unit and permits. Coverage only applies when associated with an approved covered system or appliance failure.
LIMIT: The maximum aggregate liability, regardless of the number of claims is $250. Amount will go towards the maximum aggregate limit for the covered item’s repair or replacement.
(ii) Unknown Pre-existing conditions:
INCLUDED: Coverage for items that passed a visual or mechanical inspection performed by a service professional and break down due to normal wear and tear.
EXCLUDED: Known Pre-existing conditions, items that did not pass a visual or mechanical inspection prior to the purchase of this contract and items that were not tested prior to the start of the contract.
(iii) Matching compatible SEER ratio for Air Conditioning and Heat Pump:
INCLUDED: Any upgrades, components or parts for existing air conditioner or heat pump equipment required to maintain compatibility with the covered HVAC replacement system manufactured to have minimum efficiency as currently mandated by federal, state or local governments.
(iv) Additional Air Conditioning/Cooler and Heating System Units:
INCLUDED: Coverage in sections D.9 and D.16 extends to multiple Air Conditioning and Heating System Units in the house/property.
EXCLUDED: Any item mentioned as excluded under sections D.9 and D.16
(v) Water Heater Additional Coverage:
INCLUDED: Tankless and commercial water heaters up to 75 gallons.
EXCLUDED: Any item mentioned as excluded under section D.20
(vi) Ice Maker and Beverage Dispenser:
LIMIT: The maximum aggregate liability for repairs or replacement, regardless of the number of claims for repairs or replacement, or the number of units is $250.00. Amount will go towards the maximum aggregate limit for the covered refrigerator.
INCLUDED: Ice makers, ice crushers, beverage dispensers and their respective equipment, water lines and valve to ice maker. Coverage included only when equipment, parts and components are built into a covered refrigerator.
EXCLUDED: Any item mentioned as excluded under Kitchen Refrigerator (D.6) and Second Refrigerator (E.6).
(vii) Maximum liability per item doubled
INCLUDED: as specified in the limits of each covered item in section D, the maximum aggregate liability/limit for each covered item is doubled with the Guard Plus Add-On.
1. The following are not included during the contract term; (i) Secondary or consequential damage, (ii) collapsed ductwork, (iii) known or unknown pre-existing conditions, except in the case that the Guard Plus Add-On is purchased and subject to the limitations specified in Section E.11 of this contract. If a claim is a result of defects or issues identified when a covered system or appliance is used for the first time within the contract term, We will deem it as a pre-existing condition. If a claim is a result of a mechanical issue or failure identified within the first 14 days of the contract term, We will deem it as a pre-existing condition.
2. We are not responsible for providing access to or closing access from any covered item which is concrete-encased or otherwise obstructed or inaccessible.
3. At times it is necessary to open walls or ceilings to make repairs. The licensed service contractor should close the opening, and return to a rough finish condition. We are not responsible for restoration of any wall coverings, floor coverings, plaster, cabinets, counter tops, tiling, paint, or the like.
4. We are not responsible for the repair of any cosmetic defects or performance of routine maintenance.
5. Electronic or computerized energy management or lighting and appliance management systems, solar systems and equipment are not included.
6. Except in the case that the Guard Plus Add-On is purchased and subject to the limitations specified in Section E.11 of this contract, we are not liable for any additional fee charged by the licensed service contractor to dispose of an old appliance, system or component, including, but not limited to the following items: condensing units, evaporator coils, compressors, capacitors, refrigerators, freezers, water heaters, and any system or appliance which contains dangerous or hazardous materials.
7. We are not liable for service involving hazardous or toxic materials including but not limited to mold, lead paint, or asbestos, nor costs or expenses associated with refrigerant recovery, recycling, reclaiming or disposal. We are not liable for any failure to obtain timely service due to conditions beyond Our control, including, but not limited to, labor difficulties or delays in obtaining parts or equipment by the licensed service contractor.
8. We are not liable for repair of conditions caused by chemical or sedimentary build up, rust or corrosion, mildew, mold, misuse or abuse, failure to clean or maintain as specified by the equipment manufacturer, missing parts, structural changes, fire, freezing, electrical failure or surge, water damage, lightening, mud, earthquake, soil movement, soil settlement, settling of home, storms, accidents, pest damage, acts of God, or failure due to excessive or inadequate water pressure.
9. We have the sole right to determine whether a covered system or appliance will be repaired or replaced. We are responsible for installing replacement equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand or color. If parts are no longer available, We will offer a cash payment in the amount of the average cost between parts and labor of the covered repair. We reserve the right to locate parts at any time. For the first 30 days of the contract term, We are not liable for replacement of entire systems or appliances due to obsolete, discontinued or unavailability of one or more integral parts. However, We will provide reimbursement for the costs of those parts determined by reasonable allowance for the fair value of like parts. We reserve the right to rebuild a part or component, or replace with a rebuilt part or component.
10. We are not liable for repairs related to costs of construction, carpentry or other incidental costs associated with alterations or modifications of appliances, components or installation of different equipment and/or systems. We are not responsible for providing upgrades, components, parts or equipment required due to the incompatibility of the existing equipment with the replacement system, appliance, component/part or with new type of chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments, except in the case that the Guard Plus Add-On is purchased and an upgrade is required to maintain compatibility with equipment manufactured to be 13 SEER and/or 7.7 HSPF or higher compliant.
11. We are not responsible for repairs related to inadequacy, lack of capacity, improper installation, mismatched systems, oversized systems, undersized systems, previous repair or design, manufacturer’s defect, and any modification to the system or appliance.
12. We are not liable for normal or routine maintenance. We will not pay for repairs or failures that result from the Contract holder’s failure to perform normal or routine maintenance. For example, You are responsible for providing routine maintenance and cleaning pursuant to manufacturers’ specifications, such as periodic cleaning of heating and air conditioning systems, evaporator coils and condenser coils, as well as periodic filter replacement. In the event a claim is denied, and a customer seeks to have Us review that denial, We have the right to request routine maintenance records in reviewing its decision.
13. We are not liable for the repair or replacement of commercial grade equipment, systems or appliances, unless otherwise specified in this contract.
14. We reserve the right to obtain a second opinion at Our expense. In the event that We inform You the malfunction is not covered under this contract, You have the right to request a second opinion of the cause of the malfunction. You must inform Us when you are obtaining second opinion from another licensed service contractor within 7 days from Us informing you the malfunction is not covered. In the event that the outcome of the second opinion is different than the first opinion, then We may, in Our discretion, decide whether to accept coverage under this contract. If You request a second opinion, You will be responsible for the payment of an additional Trade Service Call Fee only if the outcome of the second opinion is the same as the initial opinion.
15. We are not responsible for any repair, replacement, installation, or modification of any covered system or appliance arising from a manufacturer’s recall or defect of said covered items, nor any covered item while still under an existing manufacturer’s, distributor’s, or in-home warranty.
16. We reserve the right to offer cash back in lieu of repair or replacement in the amount deemed reasonable by Us, per third-party resources
(which at times may be less than retail), to repair or replace any covered system, component or appliance.
17. We are not responsible for the repair or replacement of any system or appliance or component or part thereof that has been previously, or is subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials, formula, manufacturing process or other manufacturing defect.
18. We will not pay for the repairs or replacement of any covered systems or appliances if they are inoperable as a result of known or unknown pre-existing conditions, deficiencies and/or defects, except in the case that the Guard Plus Add-On is purchased and subject to the limitations specified in Section E.11 of this contract.
19. You agree that We are not liable for the negligence or other conduct of the licensed service contractor, nor are We an insurer of the performance of any licensed service contractor. You also agree that We are not liable for consequential, incidental, indirect, secondary, or punitive damages. You expressly waive the right to all such damages. Your sole remedy under this agreement is recovery of the cost of the required repair or replacement, whichever is less.
20. Unless the property is a multi-unit property or the Guard Plus-Add is purchased or a second unit of an appliance/system is selected as an optional coverage add-on, for an item to be covered by this warranty, the property being covered by this warranty may have no more than one unit of a particular covered item.
21. Any improper operation or malfunction due to rust or corrosion for any system or component is not covered for the first 30 days of the contract term.
22. If a service request is filed within the first 30 days of the contract term, We reserve the right to review the home inspection report for the house being covered prior to making final decisions about the service request’s approval status.
23. The maximum aggregate liability for repairs or replacement per contract term that will be paid out by Us in dollars, regardless of the number of claims for repairs or replacement, or the number of systems/units is $25,000. This maximum aggregate liability is $45,000 if the Guard Plus Add-On is purchased.
direct discussions You agree that:
1. DISPUTE RESOLUTION: Any and all disputes, claims and causes of action arising out of or connected with this Agreement (including but not limited to whether a particular dispute is arbitrable hereunder) shall be resolved exclusively by the American Arbitration Association in the county in
which the property is located under its Commercial Arbitration Rules and Consumer Arbitration Rules (“AAA Rules”). Copies of AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including without limitation contract, tort, common law, statutory, or regulatory duties or liability. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
2. CLASS ACTION WAIVER: Any and all disputes, claims and causes of action arising out of or connected with this Agreement shall be resolved individually, without resort to any form of class action, multiple plaintiff, representative, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
3. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $5,000 per claim, but in no event attorneys’ fees.
4. Under no circumstances will You be permitted to obtain awards for, and You hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
5. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, shall be governed by, and construed in accordance with the laws of the state in which the Property is located without giving effect to any choice of law or conflict of law provision or rule.
If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.
J. BUILDING AND ZONING CODE REQUIREMENTS OR VIOLATIONS
1. We will not contract for services to meet current building or zoning code requirements or to correct for code violations, nor will We contract for services when permits cannot be obtained. We will not pay for the cost to obtain permits, except as otherwise specified in this contract.
2. Except in the case that the Guard Plus Add-On is purchased and subject to the limitations specified in Section E.11 of this contract, We are not responsible for upgrade or additional costs or expenses that may be required to meet current building or zoning code requirements or correct for code violations. This includes city, county, state, federal and utility regulations and upgrades required by law.
K. MULTIPLE UNITS AND INVESTMENT PROPERTIES
1. If this contract is for a duplex, triplex, or fourplex dwelling, then all units within the dwelling must be covered by one Guard Home Warranty contract for coverage to apply to shared systems and appliances.
2. If this contract is for a multi-unit dwelling other than those specified in Section K.1, then only items contained within the confines of each individual unit are covered. Shared systems and appliances are not covered.
3. Except as otherwise provided in this Section, shared systems and appliances are not covered.
L. TRANSFER OF CONTRACT & RENEWALS
1. If Your covered property is sold during the term of this contract You must notify Us of the change in ownership and submit the name of the new owner by emailing us at email@example.com in order to transfer coverage to the new owner.
2. You may transfer this contract at any time. There is no fee to transfer contract.
3. This contract may be renewed at Our option and where permitted by state law. In that event You will be notified of the prevailing rate and terms for renewal.
4. Guard Home Warranty may, in its sole discretion, elect to renew this contract for a one year contract term, unless otherwise approved by Guard Home Warranty. In the event we elect to renew your contract, you will be notified of the terms within 60 days prior to expiration of your contract. Unless you notify Guard Home Warranty in writing at least 30 days prior to the expiration of your contract, your contract will be automatically renewed and Guard Home Warranty will continue to automatically charge the applicable contract fees. If you would like to change your payment preference please email firstname.lastname@example.org
You may cancel within 30 days of the First Day of Coverage or within 30 days of the date of first payment, whichever comes later, for a refund of the paid contract fee, less any service costs incurred by Guard Home Warranty. This contract shall be non-cancelable by Us except for:
1. Nonpayment of contract fee; or
2. Fraud or misrepresentation of facts material by You to the issuance of this contract; or
3. Mutual agreement of Us and You. If canceled after 30 days, You shall be entitled to a pro rata refund of the paid contract fee for the unexpired term, less any service costs incurred by Guard Home Warranty. All cancellation requests must be submitted in writing.
N. MISCELLANEOUS STATE PROVISIONS
GEORGIA RESIDENTS ONLY: THIS IS NOT A CONTRACT OF INSURANCE. The performance of this Agreement is guaranteed by a surety bond written by The Ohio Casualty Insurance Company, 62 Maple Ave, Keene, NH 03431. If We fail to pay any valid claim within 60 days after proof of loss has been filed with Us, you are entitled to make a direct claim against The Ohio Casualty Insurance Company at the address shown above. Arbitration results will be non-binding relative to contracts issued to Georgia residents. This Agreement only provides coverage for one-family or two-family residential building structures.
Our cancelation of this Agreement will be in writing and will be mailed at least 30 days in advance of the cancellation date. We may only cancel this Agreement for fraud, material misrepresentation or your failure to pay any amount due to us. If this Agreement is canceled, you will receive a pro-rata refund amount for the unexpired term. The refund amount will not be reduced by an administrative fee. If you cancel this Agreement in the first 20 days, a full refund of the contract price paid will be refunded and if We do not pay the refund within 45 days after receipt of the cancellation request, We will add a 10% penalty per month to the refund amount.
The second sentence of A. Coverage 3. Is replaced by the following: This contract does not cover any known pre- existing conditions as determined by an in-house inspection. The contract does cover unknown pre-existing conditions