This Warranty Agreement (“Warranty”) is between the Seller and Buyer of the Property identified above and the Company. Services under this Warranty are provided by the Company and such other companies or vendors as may be selected by the Company to perform repair service on the Property.
WARRANTY During the term of the Warranty and subject to the terms herein, the Company warrants to Seller and Buyer (Seller and Buyer will sometimes hereinafter be referred to jointly as “Covered Persons” or individually as “Covered Person”) to repair or replace, at the Company’s discretion, to normal operating condition, any of the Covered Items, as defined below, which are located at the Property and which are identified on the Warranty Confirmation Notice provided by the Company upon payment of charges for this Warranty. All Items Covered must be in proper operating condition on the first date of the term of this Warranty. Standard Warranty rates apply if the property is 5,000 square feet or less. If the Property is more than 5,000 square feet, additional charges will apply.
TERM All Warranties shall commence upon the receipt of a Warranty Confirmation Notice from the Company. The term of this Warranty for the Seller Shall be 13 months. The term of this Warranty for the Buyer shall be 13 months from the date Buyer takes title to the Property, but in no event shall the Buyer’s Warranty remain effective more than a total of 15 months. Company reserves the right to inspect the Property and all Items Covered before issuing this Warranty.
SERVICE => FAST - PRIORITY Company guarantees a response time of 24 hours on emergency service†, 24 hours daily, and 7 days weekly, including holidays, with fast priority service on all routine service requests. For non-emergency service requests it is the Covered Person’s responsibility to provide access to the Property for repairs during normal business hours.
SERVICE CALL FEES Once the Warranty is in effect but before the Buyer takes title to the Property, the Company shall only charge the Seller the lesser of $95.00 or the actual retail charges, per occurrence. Once Buyer takes title to the Property, the Company shall only charge the Buyer $95.00 for each occurrence. The Warranty shall cover up to $2,000 of retail labor and/or parts per occurrence for a Buyer and up to $500 of retail labor and/or parts per occurrence for a Seller. For purposes of this Warranty, an occurrence shall mean any service call. Service call for different trades cannot be combined into one call. Repairs performed under this Warranty will be warranted for 30 days on parts and labor. Service call fees are in addition to Warranty purchase fees.
ITEMS COVERED Sewer blockages within the property lines up to 100 feet; all drain cleaning; interior gas piping; water heater-first system* (standard residential 50 gallon max); toilet mechanisms; toilet seats; garbage disposal, permanently installed sump pump; tub and shower valves (one rebuild); faucets (1 rebuild); hot water dispensers; washing machine hook-ups; concealed and underground leaks in pipes (all pipes must be within covered property foundation); gas or electric furnace-up to two (2)*; duct work; condensate pump; electric central air conditioning-up to two (2)*; heat pumps-up to two(2)*; boiler and boiler controls (thermostat, flue damper, transformer, thermocouple, pilot, pilot safeties, sight glass, gas valve, electronic ignitor, coupler); humidifier (excludes maintenance); built-in appliance-primary system* (range, range hood, oven, dishwasher, trash compactor, microwave, clothes washer, clothes dryer, refrigerator); home wiring; switches; receptacles; electrical panel; doorbell.
OPTIONAL COVERAGE Buyer may elect to have the following items covered and listed on the Warranty Confirmation Notice, for additional fees: Septic tank (distribution box, inlet & outlet Tee’s and necessary pumping only); water softener (excludes maintenance); sewage ejector; tankless water heater; battery back-up sump pump; zone controls; electronic air cleaner; ultra-violet germicidal light (includes 1 bulb per year); second clothes washer; second clothes dryer; second refrigerator; freezer; second range and range hood; second oven; second dishwasher; second trash compactor; second built in microwave.
*Additional fees are applicable and coverage is required for additional HVAC systems, additional water heaters, and additional appliances.
ITEMS NOT COVERED The list of “Items Covered” shall control this Warranty; however, notice is given that the following items are not covered by this Warranty: Major Structural Changes; Cosmetic defects; faucet finishes/veneers; appliance failure resulting from rust or corrosion; poor water pressure or rust in water where original galvanized piping is still in place; color or purity of hot & cold water systems; water leaks and attached fixtures where water pressure exceeds 80 PSI; backflow preventers; pressure reducing valves; water recirculating systems; grouting, caulking, cracked or broken ceramic, fiberglass, simulated marble, granite, tubs, sinks, tile, walls, floors, subflooring and any fixture; foundation and building structure; window/wall air conditioning units; oil furnaces and geothermal systems; flues, chimneys, registers and grills; gas air conditioning systems; solar water heating and components; electric garage door openers; built-in or sub-zero refrigerators; refrigerator sealed systems; clothes washer rear bearings; lighting fixtures; exhaust fans; sewers or drains that are broken (roots), cracked, offset, improperly pitched or settled; any drain or sewer that is blocked due to misuse; intercom systems; fire, smoke & security alarm systems; fire suppression systems; low voltage system and wiring; batteries; computerized/electronic management systems for energy, lighting system, security or appliances; and doorbells as part of an intercom system. Items damaged by abuse, negligence or improper use, hazardous or toxic materials; mold and/or fungus; chemicals; asbestos; duct cleaning; inadequate airflow; missing parts; detachable accessories for any covered item. Mechanical system failures due to local code violations, pre-existing conditions and concealed or camouflaged damage. Damage resulting from alterations or additions made to property or grounds and damage to any item as a result of fire, flood, smoke, lightning, freeze, earthquake or settling of foundation, theft, storms, accidents, war, riots, vandalism, improper installation, acts of God, power failure or surge, pest/pet damage, neglect (including non performance of routine maintenance) or misuse. Septic tank drain field lines and pumps within the septic tank. Well pump. Boiler sections, piping, radiators, pumps and gauges. Treatment for wood infestation insects, fuel storage tanks, disposable filtration mediums, heat pump, multi media centers, dehumidifiers. Removal and disposal of appliances. Repairs will not be made on equipment deemed to be unsafe or in violation of local codes. Permit fees are not covered under Warranty. Fees will be $100 or the cost of the permit plus an administrative fee of $50 whichever is greater. There shall be a $500 maximum coverage by the Company on blue polybutylene piping; in no event shall the Company be required to provide more than $500 on blue polybutylene piping.
LIMITATIONS This Warranty can apply to a single family home or a multi-family building; however, if the Property consists of more than one living unit, each separate living unit must be covered under its own Warranty or it is not subject to this Warranty. This Warranty does not cover mobile homes nor any intentionally or negligently caused damage to the Items Covered. This Warranty covers only matters of which the Company is advised during the term of the applicable Warranty, and does not cover conditions which existed prior to the issuance of this Warranty or which were discovered following the termination of the Warranty, regardless of when the condition may have started. Company not responsible for matching color, dimension or brand. Replacement is based on builders’ standard makes and models. Company will not reimburse other vendors for services performed with out prior approval. Company will not be liable for consequential damages to property or personal injury resulting from the failure of any component, system or appliance or from Company’s delay or failure to provide service due to conditions beyond Company’s control such as, but not limited to, unavailability of materials or labor difficulties. Company is not responsible for code violations or design limitations in systems or appliances. Company will upgrade to code a Covered Person’s expense, but such upgrades are not covered by this Warranty. Company will not be responsible for replacing combination appliances when failure of one component does not affect operation of the remaining appliances within the Property. If any system otherwise covered is rendered inoperable due to non-availability of one or more of its parts, the company shall not be responsible for replacement of the entire non-operating system or appliance. Company shall only be required to make a reasonable allowance based on the value of comparable parts. However, in the event a heating or cooling system is rendered inoperable due to failure of parts which are no longer available, Company will replace defective parts with comparable parts or equipment to return the system to operation condition. It is the Covered Person’s responsibility to provide access required to make repairs. The expense incurred to gain access, or the expense of repair of damage necessary in order to gain access such as, but not limited to landscaping, sheetrock, flooring, carpet, ceramic tile, bath or shower enclosures and paving and damage to finished areas such as paint, wallpaper and cosmetic damage resulting from any repair made under this Warranty shall be the responsibility of the Covered Person.
LIMITS OF LIABILITY There are no warranties which extend beyond the description on the face here of. The express warranties and provisions set forth in this Warranty are the only obligations of the Company to the Covered Persons. This Warranty shall run to and directly benefit only the Buyer and Seller listed above, unless an approved assignment takes place. This Warranty does not create, establish nor is it intended to benefit any other person or entity not set forth herein. The liability of the Company shall be limited to return of the goods and repayment of the price paid to the Company or to repair and replace nonconforming goods or parts. The Covered Persons hereby agree to this limitation of liability as the exclusive and sole remedy. Under no circumstances shall the company be liable for actual, incidental, or consequential damages arising out of its performance or claimed nonperformance under this Agreement, including but not limited to, liability for damage to property, personal injury or death. In no event will Company be responsible for any loss, damage, illness or injury resulting from condensation leaks or frozen pipes or drains. This is not a contract of insurance.
RENEWAL AND TRANSFER At Company’s sole discretion and option, this Warranty may be renewed for addition alone year periods upon payment to the Company of the Company’s then effective renewal charge for the renewal term of this Warranty. This Warranty may be assigned during its term to a subsequent purchaser of the Property (a “New Buyer”), but upon such assignment, this Warranty will only cover those specific Items Covered which are purchased by the New Buyer. For an assignment of this Warranty to be effective, the New Buyer must, within 30 days of taking title to the Property, notify the Company in writing of the purchase, provide written proof the assignment of this Warranty and have tendered to the Company its then current Transfer Fee Payment. Company reserves the right to inspect the Covered Property and all Items Covered before renewing or transferring this Warranty. This Warranty may only be assigned to a person holding fee title to the Property.
TERMINATION AND CANCELLATION This Warranty cannot be cancelled by the company except: 1) for holders’ failure to pay service call fees to the company; 2) in the event of fraud or material misrepresentation by the Buyer, Seller or New Buyer of any fact or circumstances relating to appliances, electrical or mechanical systems; 3) in the event the Property is determined to be unsafe and the conditions are not corrected within 30 days of the notification in writing by the Company. Before any claim against the Company can be initiated, the Covered Persons here by agree to provide the Company with no less than 30 days written notice of the problem and to allow the Company to inspect the problem and determine if it desires to make repairs and/or replace the improvements causing the problem; this shall be a condition precedent to any claim or litigation against the Company.
ENTIRE WARRANTY This Warranty and the Warranty Confirmation Notice constitute the entire agreement between the parties. No oral representation will be relied upon by any party. In the event of any litigation stemming from this Agreement, the Company shall be entitled to collect its costs, expenses and attorney’s fees incurred.
PROCEEDS The Agent named above, in the addition to representing the Seller and/or Buyer, has a business relationship with the Company, to the extent that refers potential customers to the Company. Purchase of the Warranty is not a condition for the purchase of the Property.
†An emergency is defined as the failure of a covered item which may cause personal injury or substantial damage to property if not repaired within 24 hours of notification.