Green Home Warranty
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Home warranty for buyers and sellers.
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- Slide 1: Home Warranty of America™, Inc. P.O. Box 850 Lincolnshire, IL 60069-0850 T: 888-492-7359 F: 888-492-7360 www.hwaHomeWarranty.com Order online: www.hwaHomeWarranty.com Phone: 888-492-7359 Fax: 888-492-7360 13 Month Programs PLEASE PRINT Warranty Programs Gold Platinum Diamond Applicant’s Last Name Service Fee per occurrence or actual cost, whichever is less. $50 $100 $100 Applicant’s First Name Covered Property Address Covered Items* Heating System/Furnace City State Zip Air Conditioning System/Cooler (if different from property) 13 SEER Equipment Upgrade Mailing Address Ductwork City State Zip Plumbing System Home Ph. Work Ph. Permanent Sump Pump Water Heater Email NEW! Tankless Water Heater Home Age Approx. Sq. Ft. NEW! Instant Hot Water Dispenser (If over 5,000 sq. ft. call for quote) Whirlpool Bath Tub Order Date Electrical System Exhaust Fan I have been offered a Home Warranty of America™ home warranty for my Ceiling Fans home and understand the terms/conditions of coverage. Burglar and Fire Alarm Systems Buyer’s Coverage, Date of Close Door Bells Seller’s and Buyer’s Coverage Central Vacuum I Decline the benefits of this coverage. Signature _____________________________________________ Dishwasher Waiver: Purchase of this coverage is not mandatory. Applicant has reviewed the home warranty Garbage Disposal plan and hereby declines coverage. Applicant agrees to hold the real estate broker and agent Built-In Microwave harmless in the event of a subsequent mechanical failure which otherwise would have been Range/Oven/Cooktop covered under the warranty plan. Trash Compactor CONFIRMATION NUMBER (when ordering by phone) Garage Door System NEW! Kitchen Refrigerator/Ice Maker — CLOSING INFORMATION Washer/Dryer Package — Closing Company Roof Leak Repair — Closing Agent Premium Coverage Includes coverage for over 30 items traditionally not covered by basic home warranty plans Phone # Fax # Premium Coverage Includes: — — • Code Violations and Permits up to $350 Closing # • Plumbing—Fixtures, faucets, shower heads, stoppages/clogs REAL ESTATE AGENT INFORMATION • Plus over 25 more items! Initiating Agent Name Check [] Program Desired: Coverage for Buyer and Seller $379 $379 $399 Who do you represent? Buyer Seller Company Name Free Sellers Coverage (except for Heating/Cooling/Ductwork/Premium Coverage) Phone # Fax # Email Optional Sellers Coverage Cost PAYMENT OPTIONS Heating/Cooling/Ductwork $50 $ $ $ To be collected at closing Optional Buyers Coverage Cost Check enclosed Premium Coverage $50 $ $ Included Check sent under separate cover Kitchen Refrigerator/Ice Maker $15 $ Included Included Credit Card: Visa MasterCard Discover Washer/Dryer Package $30 $ Included Included Cardholder Name Roof Leak Repair $50 $ Included Included NEW! OrangePlus $75 $ $ $ Cardholder Address • Unknown Pre-existing Conditions • Unknown improperly matched and/or Card # 3 Digit Code installed systems • Increases professional series appliances Exp. Date up to $2,500 • Increases toilet replacement up to $600 CLOSING INSTRUCTIONS • Removal of defective equipment Purchaser authorizes escrow/closing agent to make check payable to: NEW! GreenPlus $75 $ $ $ • Covered system or appliance will be HWA™ at P.O. Box 850, Lincolnshire, Illinois 60069-0850 replaced with an ENERGY STAR Qualified Product Signature • Dishwasher, Refrigerator and Clothes Washer Date • Heating System replacement with 90% efficiency model • Water Heater replacement with THIS SERVICE CONTRACT DOES NOT COVER KNOWN DEFECTS Tankless Water Heater All covered items must be in good working order on the effective date of coverage. Pool/Spa Combo $150 $ $ $ Please list known defects: Additional Pool or Spa $150 $ $ $ Well Pump $85 $ $ $ Septic Tank Pumping $30 $ $ $ NEW! Septic System/Sewage $50 $ $ $ Ejector pump The fee for this warranty is to be paid at closing and includes all fees payable to HWA™ for Freezer — Stand Alone $35 $ $ $ plan administration, the providing of service per the plan’s service agreement and any optional reimbursement to the real estate agent/company or acting agent for services and expenses 13 SEER Modification Coverage $50 $ $ $ to promote, process and advertise the plan. The election to purchase the protection plan is Multiple Flats /Duplex/New Construction ,— Call For Quote $ $ $ binding and is not subject to waiver or rescission. Total Optional Coverages: $ $ $ Total Cost of Program $ $ $ & Optional Coverage *See contract for specific coverage on components and parts indicates coverage provided NA7 1/08 – Indicates coverage is optional.
- Slide 2: Home Warranty of America™, Inc. P.O. Box 850 Lincolnshire, IL 60069-0850 T: 888-492-7359 F: 888-492-7360 www.hwaHomeWarranty.com Sample Coverage Terms I. COVERAGE F. CEILING FANS AND EXHAUST FANS During the coverage period, HWA’s sole responsibility will be to arrange for a qualified service contractor (“Service Provider”) to INCLUDED: Motors - Switches - Controls - Bearings - Blades. repair or replace, at HWA’s expense (up to the limits set forth below), the systems and components mentioned as “Included” in EXCLUDED: Whole house fans - Belts - Shutters - Filters - Lighting. HWA™ will pay no more than $400 maximum aggre- accordance with the terms and conditions of this contract so long as such systems and components: gate per contract. A. Are located inside the confines of the main foundation of the home or attached or detached garage G. CENTRAL VACUUM (with the exception of the exterior pool/spa, well pump, septic tank pumping and air conditioner); and INCLUDED: All mechanical system components and parts except: B. Become inoperative due to normal wear and tear; and EXCLUDED: Duct Work – Blockages – Accessories. HWA™ will pay no more than $400 maximum aggregate per contract C. Are in place and in proper working order on the effective date of this home warranty contract. for diagnosis and repair of each vacuum. It is understood that HWA™ IS NOT A SERVICE PROVIDER and IS NOT ITSELF UNDERTAKING to repair or replace any such sys- H. BURGLAR AND FIRE ALARM SYSTEMS tems or components. INCLUDED: All components and parts, except: It is further understood that HWA’s obligation to pay for the repair or replacement of covered systems and components is limited EXCLUDED: Any wiring or parts located outside the main confines of the foundation of the home - Batteries - Video cam- to $5,000 per covered item and $15,000 in the aggregate. eras - Video monitors - Sprinkler alarms & systems. HWA™ will pay no more than $400 maximum aggregate per con- This contract only covers single-family homes, town homes and condominiums (including manufactured housing) under 5,000 tract for diagnosis and repair of each burglar and fire alarm system. square feet, unless an alternative dwelling type (i.e. 5,000 square feet or more, new construction or multiple units) is applied for I. GARAGE DOOR SYSTEMS by phoning 1-888-HWA-RELY. Coverage is for owned or rented residential-use property, not commercial property. INCLUDED: All components and parts except: This contract describes the basic coverage and options available. For the specific coverage detail on your home, see the front of EXCLUDED: Garage doors - Infra-red sensors - Chains - Tracks - Rollers - Springs - Remote receiving/transmitting devices. this contract as it relates to Articles IV, V & VI. Coverage includes only the items stated as included and excludes all others. Coverage PREMIUM COVERAGE INCLUDES: Remote receiving/transmitting devices. is subject to limitations and conditions specified in this contract. Please read your contract carefully. Note: this is not a contract for insurance. V. ADDITIONAL COVERAGE OF THE FOLLOWING ITEMS FOR THE HOME BUYERS OF ALL PLANS AVAILABLE II. COVERAGE PERIOD ONLY AFTER CLOSE OF SALE AND OPTIONAL TO THE HOME SELLER OF THE GOLD, PLATINUM AND DIAMOND Home seller’s coverage for the listing and sale period starts the date the application is received and accepted by HWA™ and PLANS: continues until the expiration of the initial listing period (up to 180 days or until close of sale or listing cancellation whichever If the seller’s option is taken, then 1) Seller’s limitations of liability still apply; and 2) the following covered items in this section are is first). Free listing coverage is only available if residence is listed with a licensed real estate professional, and the listing resi- subject to a maximum combined $500 limitation during the listing period. dence is owner occupied at time order is placed. If a telephone application is received, then coverage will start immediately A. HEATING SYSTEM OR BUILT-IN WALL UNIT (IF MAIN SOURCE OF HEAT TO HOME NOT EXCEEDING 5 TON upon issuance of a confirmation number by HWA™. HWA™ reserves the option to extend seller’s coverage after 180 days. CAPACITY AND DESIGNED FOR RESIDENTIAL USE). Home Owner’s and Buyer’s coverage begins and ends pursuant to the period noted at the top front of this contract provided INCLUDED: All components and parts necessary for the operation of the system (including heat pumps which cool or heat payment is made in full on or before the first day of the period. HWA™ provides a 14-day payment grace period for contracts the home), For units below 13 SEER and when HWA™ is unable to facilitate repair/replacement of failed covered involved in a real estate transaction and ordered by a licensed real estate professional, title company or financial institution. equipment at the current SEER rating, repair/replacement will be performed with 13 SEER equipment and/or 7.7 HSPF New construction coverage is available (call for quote for 2, 3, and 4 year terms) and begins one year after the date of closing. or higher compliant. except: EXCLUDED: Baseboard casings - Oil storage tanks - Portable units - Solar heating systems - Fireplaces and key valves - Filters - Electronic air cleaners - Registers - Grills - Clocks - Timers - Heat lamps - Fuel Storage Tanks - Flues and Vents - III. SERVICE CALLS… FOR SERVICE CALL: 1-888-HWA-RELY Humidifiers - Commercial grade equipment - Geothermal Systems - Gas Heat Pump Systems - Improper use of meter- A. You or your agent (including tenant) must notify HWA™ for work to be performed under this contract as soon as the prob- ing devices (ie. thermal expansion valves) – HWA™ is not responsible for the costs associated with matching dimen- lem is discovered. HWA™ will accept service calls 24 hours a day, 7 days a week, 365 days a year at 1-888-HWA-RELY. Notice sions, brand or color made – Except for when Option VI.H. is purchased with this contract, HWA™ will not pay for of any malfunction must by given to HWA™ prior to expiration of this contract. any modifications necessitated by the repair of existing equipment or the installation of new equipment - Condensate B. HWA™ will immediately dispatch your call to a Service Provider (48 hours on weekends and holidays). HWA™ will deter- pumps - After market inducer fan motors - Pellet Stoves - Cable heat – Wood stoves - Solar Heating and Components mine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service (emergency usu- - Cost for crane rentals. During the period of Buyer’s coverage, HWA™ will pay no more than $1,500 per covered ally considered to be loss of life or peril). If you should request HWA™ to perform non-emergency service outside of normal item for diagnosis, access, and repair or replacement of any hot water or steam circulating heating systems or any gly- business hours, you will be responsible for any additional fees and/or overtime charges. col system. C. HWA™ has the sole and absolute right to select the Service Provider to perform the service; and HWA™ will not reimburse for services performed without its prior approval. Wisconsin residents refer to section XII.H. PREMIUM COVERAGE INCLUDES: Filters and Heat Lamps. D. You will pay $50.00 or $100.00 (see the front of this contract for specific service fee) for each trade service call, (“Service B. DUCTWORK Fee”) or the actual cost, whichever is less. The Service Fee is for each visit by an HWA™ approved Service Provider, except INCLUDED: Duct from heating unit to point of attachment at registers or grills, except: as noted in this Article III (E), and is payable to the HWA™-approved Service Provider at the time of each visit. The service EXCLUDED: Registers and grills - Insulation - Asbestos-insulated ductwork - Flues, vents and breaching - Ductwork exposed fee applies to each call dispatched and scheduled, including but not limited to those calls wherein coverage is included, to outside elements - Separation due to settlement and/or lack of support - Damper Motors - Diagnostic testing of, or excluded, or denied. The service fee also applies in the event you fail to be present at a scheduled time, or in the event you locating leaks to ductwork, including but not limited to, as required by any federal, state or local law, ordinance or cancel a service call at the time a service contractor is in route to your home or at your home. Failure to pay the Service Fee regulation, or when required due to the installation or replacement of system equipment. When covered repairs will result in suspension of coverage until such time as the proper Service Fee is paid. At that time, coverage will be rein- require access to ductwork, HWA™ will only provide diagnosis, repair, sealing, or replacement to ductwork through stated, but the contract period will not be extended. unobstructed walls, ceilings or floors (obstructions include but are not limited to floor coverings, appliances, systems E. If service work performed under this contract should fail, then HWA™ will provide for the necessary repairs without an addi- and cabinets). If the ductwork is accessible only through concrete encased floor, wall, or ceiling, HWA™ will pay no tional Service Fee for a period of 90 days on parts and 30 days on labor. more than $500 for diagnosis, repair or replacement of such ductwork, including returning the access to rough fin- ish, but will not cover any costs as a result of or determined by diagnostic testing. IV. COVERED SYSTEMS AND APPLIANCES C. AIR CONDITIONING/COOLER (not exceeding 5 ton capacity and designed for residential use) The following items labeled “Included” are covered for the home seller and home buyer for all other programs. Certain limitations INCLUDED: Ducted electric central air conditioning, ducted electric wall air conditioning and water evaporative coolers - All of liability apply to Included systems and appliances. (See Articles I, II, III, VII, VIII, & IX). components and parts, For units below 13 SEER and when HWA™ is unable to facilitate repair/replacement of failed A. PLUMBING SYSTEM covered equipment at the current SEER rating, repair/replacement will be performed with 13 SEER equipment and/or INCLUDED: Leaks and breaks of water, drain, gas, waste or vent lines, except if caused by freezing or roots - Toilet tanks, 7.7 HSPF or higher compliant. except: bowls and mechanisms (replaced with builder’s standard as necessary), toilet wax ring seals - Instant Hot Water EXCLUDED: Gas air conditioning systems - Condenser casings - Registers and Grills - Filters - Electronic air cleaners - Window Dispensers - Valves for shower, tub, and diverter angle stops, rinses and gate valves - Permanently installed interior units - Non-ducted wall units - Water towers - Humidifiers - Improperly sized units - Chillers - Commercial grade equip- sump pumps (used for storm water only) - Built-in bathtub whirlpool motor and pump assemblies, except: ment - Geothermal Systems - All exterior condensing, cooling and pump pads - Roof mounts, jacks, stands or sup- EXCLUDED: Stoppages/Clogs - Collapse of or damage to water, drain, gas, waste or vent lines caused by freezing, settle- ports - Condensate pumps - Air conditioning with mismatched condensing unit and evaporative coil per manufac- ment and/or roots - Fixtures, cartridges, shower heads & shower arms - Bathtubs and showers - Shower enclosures turer specifications – Improper use of metering devices (ie. thermal expansion valves) - HWA™ is not responsible for and base pans - Bath tub drain mechanisms - Sinks - Toilet lids and seats - Cabling or grouting - Whirlpool jets - Septic the costs associated with matching dimensions, brand or color made – Except for when Option VI.H. is purchased tanks - Water softeners - Pressure regulators - Inadequate or excessive water pressure - Flow restrictions in fresh water with this contract, HWA™ will not pay for any modifications necessitated by the repair of existing equipment or the lines caused by rust, corrosion or chemical deposits - Sewage ejector pumps - Holding or storage tanks - Saunas or installation of new equipment - Cost for crane rentals. steam rooms - Back up and battery sump pump systems - Polybutylene piping - hose bibs - Basket strainers. PREMIUM COVERAGE INCLUDES: Filters, costs related to Freon recapture and window units. PREMIUM COVERAGE INCLUDES: Fixtures and Cartridges, faucets, shower heads and shower arms (replaced with chrome builders standard) - Interior Hose bibs - Toilets of like quality ($500 limit) - Stoppages/clogs which can be VI. OPTIONAL COVERAGE AVAILABLE ONLY TO HOME BUYER (NOTE: Items B, C and D are included in the cleared with standard sewer cable one time only. base coverage for home buyers and sellers of the Platinum and Diamond Plans, and item G is also included in B. WATER HEATER (Gas, Tankless, Electric or Oil) the base coverage for home buyers of the Diamond Plan): INCLUDED: All components and parts, including circulating pumps, except: A. POOL AND/OR SPA EQUIPMENT EXCLUDED: Solar water heaters - Solar components - Fuel, holding or storage tanks - Noise - Energy management systems INCLUDED: Both pool and spa (including exterior hot tub and whirlpool) are covered if they utilize common equipment - - Flues and vents - Problems resulting from sediment - Commercial grade equipment and units exceeding 75 gallons If they do not utilize common equipment, then only one or the other is covered unless an additional coverage fee is - Drain Pans and Drain Lines - HWA will pay no more than $1,000 for repair or replacement of Tankless or Oil Water paid - Coverage applies to all above ground components and parts of the heating, pumping and filtration system, Heaters and the like. including timers (this section is subject to $1,000 aggregate maximum) except: PREMIUM COVERAGE INCLUDES: Problems caused by sediment. EXCLUDED: Pool sweep motors - Lights - Liners - Concrete encased above ground or underground electrical, plumbing or C. ELECTRICAL SYSTEM gas lines - Structural defects - Solar equipment - Jets - Fuel Storage Tanks - Built in or detachable cleaning equipment INCLUDED: All components and parts, including built-in exhaust fans, except: – Control Panels – Control Switches – Computerized Control Boards - Ornamental fountains and other waterfall type EXCLUDED: Fixtures - Carbon monoxide alarms, detectors or related systems - Intercoms and door bell systems associated equipment – Pool cover and related equipment – Disposal filtration medium. with Intercoms - Inadequate wiring capacity - Solar power systems and panels - Direct current (D.C.) wiring or com- B. KITCHEN REFRIGERATOR w/Ice Maker (2nd Refrigerator, Stand Alone Ice Maker & Stand Alone Freezer use below) ponents - Attic fans - Commercial grade equipment - Damages due to power failure or surge, or loads greater than INCLUDED: All components and parts, including integral freezer unit, except: the system’s design - Circuit Overload - Solar Components - Energy Management Systems. EXCLUDED: Racks - Shelves - ice crushers, beverage dispensers and their respective equipment - Water lines and valve to ice D. KITCHEN APPLIANCES maker - Interior thermal shells - Freezers which are not an integral part of the refrigerator - Food spoilage - Door seals 1. Dishwasher (Built-in or Portable) - Lighting and handles - Units moved out of the kitchen. - Audio/Visual Components and Inter Connection Equipment INCLUDED: All components and parts, except: – HWA will pay no more than $1,000 for repair or replacement of Stand Alone Ice Maker. EXCLUDED: Racks - Baskets - Rollers - Door seals. C. WASHER/DRYER PACKAGE PREMIUM COVERAGE INCLUDES: Racks - Baskets - Rollers - Door seals. 1. Clothes Washer 2. Garbage Disposal INCLUDED: All components and parts, except: INCLUDED: All components and parts, including entire unit. EXCLUDED: Plastic mini-tubs - Soap dispensers - Filter screens - Knobs and dials - Damage to clothing - Door seals. EXCLUDED: Problems and/or jams caused by bones and foreign objects other than food. 2. Clothes Dryer 3. Built-in Microwave Oven INCLUDED: All components and parts, except: INCLUDED: All components and parts, except: EXCLUDED: Venting - Lint screens - Knobs and dials - Damage to clothing - Door seals. EXCLUDED: Interior linings - Door glass - Clocks - Shelves - Portable or counter top units - Meat probe assemblies - Rotisseries D. ROOF LEAK REPAIRS - Door seals - Lighting and handles - Glass. INCLUDED: Leaks in rolled, asphalt shingle, or clay tile roof structures only - $300 aggregate maximum per contract. EXCLUDED: Gutters - Drains - Leaks involving roof mounted installations - Ice dam build-up - Deck or balcony roofs - PREMIUM COVERAGE INCLUDES: Interior linings - Rotisseries - Clocks - Door seals - Lighting and handles. Unattached garage roofs - Wood and underlayment - Counter flashing - Leaks resulting from or caused by any one of 4. Range/oven/cooktop (Gas or Electric; Built-in, Portable or Free Standing) the following: Missing or broken shingles - Acts of God - Damages due to persons walking or standing on roof - Repairs INCLUDED: All components and parts, except: made by others - Failure to perform normal maintenance. EXCLUDED: Clocks (unless they affect the cooking function of the oven) - Meat probe assemblies - Rotisseries - Racks - E. WELL PUMP Handles - Knobs - Sensi-heat burners will only be replaced with standard burners - Door seals - Lighting and Handles INCLUDED: All components and parts of well pump utilized for main dwelling only (HWA™ will pay no more than $1,500 - Glass. per contract term for diagnosis, repair or replacement), except: PREMIUM COVERAGE INCLUDES: Racks - Rotisseries - Clocks - Door seals - Lighting - Handles and Knobs. EXCLUDED: Well casings - Pressure tanks - Pressure switches - Hoisting or removal - Piping or electrical lines leading to or 5. Trash Compactor (Built-in or Portable) connecting pressure tank and main dwelling - Holding or storage tanks - Redrilling of wells. INCLUDED: All components and parts, except: F. SEPTIC TANK PUMPING EXCLUDED: Lock and key assemblies - Removable buckets - Door seals. INCLUDED: Main Line Stoppages/Clogs (one time only, must have existing access or clean out). If a stoppage is due to a septic tank back up, then we will pump the septic tank one time during the term of the plan. Coverage can only PREMIUM COVERAGE INCLUDES: Removable buckets - Door seals. become effective if a septic certification was completed within 90 days prior to close of sale. HWA™ may require a E. DOOR BELLS copy of the certification prior to service dispatch. INCLUDED: All components and parts. EXCLUDED: The cost of gaining or finding access to the septic tank; the cost of sewer hook ups; Disposal of waste; Chemical EXCLUDED: Door Bells associated with Intercom Systems. treatments; Tanks; Leach lines; Cess pools; Mechanical pumps/systems. NA7 1/08
- Slide 3: Home Warranty of America™, Inc. P.O. Box 850 Lincolnshire, IL 60069-0850 T: 888-492-7359 F: 888-492-7360 www.hwaHomeWarranty.com Sample Coverage Terms Continued G. PREMIUM COVERAGE PLAN (INCLUDED IN DIAMOND PLAN, OPTIONAL TO ALL OTHER PLANS) 16. HWA™ will pay no more than $2,000 maximum aggregate for any and all plumbing and electrical repairs required INCLUDED: This plan adds certain coverages to the heating, cooling, plumbing, and kitchen appliances that are otherwise due to rust and corrosion (subject to all other contract limitations) nor more than $1,500 per contract period for well excluded. Will pay up to $350 aggregate to correct a code violation and permits in relation to a heating, electrical, or pump repairs or replacements and no more than $1,000 for tankless or oil water heaters and Stand Alone Ice Makers plumbing service call if necessary to effect repair or replacement. See each covered item’s sections for details. and the like. H. 13 SEER Modifications INCLUDED: If Government regulations prevents HWA™ from repairing or replacing a covered air conditioning system, or 17. Unless option VI.J. is purchased HWA™ will not pay for the repairs or replacement of any covered sys- heating system with like efficiency or capacity, and HWA™ provides an upgraded unit pursuant to Section V. of this tems or appliances if they are inoperable as a result of pre-existing conditions, deficiencies and/or Contract, then HWA™ will also pay for up to $500 aggregate per contract of modifications to valves, line sets, evap- defects. orator coils, sheet metal, transitions, plenums, pads, stands, electrical, plumbing, flues and crane charges required to 18. HOME OWNER agrees that HWA™ is not liable for the negligence or other conduct of the Service Provider, nor is complete the replacement installation of the heating or air conditioning system. HWA™ an insurer of Service Provider’s performance. HOME OWNER also agrees that HWA™ is not liable for conse- EXCLUDED: Permits, cleaning, disposal or ductwork testing and/or sealing quential, incidental, indirect, secondary, or punitive damages. HOME OWNER expressly waives the right to all such I. SEPTIC SYSTEM (Per Tank)/SEWAGE EJECTOR PUMP INCLUDED: Aerobic pump, jet pump, sewage ejector pump, septic tank and line from house to tank. Cost to diagnose, damages. repair and/or replace the systems, including pumps, septic tank and or line is limited to a total of $500 per contract. HOME OWNER’s sole remedy under this agreement is recovery of the cost of the required repair or replacement, EXCLUDED: Tile fields and leach beds, leach lines, lateral lines, insufficient capacity, cleanout, pumping (except if purchased whichever is less. HOME OWNER agrees that, in no event, will HWA™’s liability exceed $5,000 per covered item or under separate option), pumping, seepage pits. $15,000 in the aggregate. J. ORANGEPLUS INCLUDED: Increases toilet replacement of like quality up to $600 – Increases professional series appliances to $2,500 - VIII. BUILDING AND ZONING CODE REQUIREMENTS OR VIOLATIONS Removal of all defective equipment that is replaced by HWA™ under the terms of this contract –Unknown pre-exist- ing conditions and Unknown improperly matched and/or installed systems defined as follows: HWA™ will repair or A. HWA™ will not contract for services to meet current building or zoning code requirements or to correct for code violations replace a covered system or appliance that fails or identified due to an associated failure that was either pre-existing (except when option VI. H. is purchased), nor will it contract for services when permits cannot be obtained. HWA™ will not or not properly matched in size or efficiency, and/or improperly installed prior to or during the contract term, provid- pay for the cost to obtain permits (except when option VI. H is purchased). ed that it was unknown or could not be known to the seller, buyer or agent by a visual inspection or simple mechan- B. Except as required to maintain compatibility with equipment manufactured to be 13 SEER and/or 7.7 HSPF or higher com- ical test prior to the start of the contract. If a service request is made pursuant to this contract option, HWA™ reserves pliant, HWA™ is not responsible for upgrade or additional costs or expenses that may be required to meet current building the right to request a copy of any visual or mechanical test that may have been performed by a home inspector or or zoning code requirements or correct for code violations. This includes city, county, state, federal and utility regulations other licensed mechanical contractor. and upgrades required by law. K. HWA™ GREENPLUS INCLUDED: If a covered appliance (limited to Dishwasher, Refrigerator, Clothes Washer), Heating System (limited to Furnace), or Water Heater breaks down per section H. above and subject to all other contract inclusions, exclusions IX. LEASE OPTIONS and limitations, and it can not be repaired, HWA™ will replace as follows: the appliance with an ENERGY STAR Coverage on lease options is available for the lessee only, and begins upon payment of contract fee and receipt of applica- Qualified product (subject to availability), one with all other like kind and features as existing appliance; the Heating tion by HWA™. Coverage continues for one full year from receipt of application and contract fee. Listing coverage is not System with a 90 percent efficiency model; and Water Heater with a tankless water heater, except: available for sellers of investment and/or rental property. EXCLUDED: All other contract limitations of liability and exclusions apply. HWA™ will pay no more than $1500 for upgrade replacement of tankless water heater and will only be paid upon proof of replacement. Receipt for replacement must be obtained by HWA™ within contract period. No costs for modifications or alterations will be paid for heating sys- X. MULTIPLE UNITS AND INVESTMENT PROPERTY tem. A. If the contract is for duplex, triplex, or fourplex dwelling, then every unit with in such dwelling must be covered by an HWA™ contract with applicable optional coverage for coverage to apply to com- VII. ARBITRATION & LIMITATIONS OF LIABILITY mon systems and appliances. A. ARBITRATION B. If this contract is for a unit within a multiple unit of 5 or more, then only items contained within the confines of each individ- If a dispute arises from or relates to this agreement or its breach, and if the dispute cannot be settled through direct ual unit are covered. Common systems and appliances are excluded. Listing coverage is not available to seller. discussions, the parties agree to try first to settle the dispute by mediation administered by the American Arbitration C. Except as otherwise provided in this section, common systems and appliances are excluded. Association under its Commercial Mediation Rules. If they are unable to do so, they agree to submit all disputes that are not resolved to arbitration before the American Arbitration Association in accordance with its Commercial Arbitration Rules. XI. TRANSFER OF CONTRACT & RENEWALS If the parties agree, the mediator involved in the parties’ mediation can serve as the arbitrator. A. If your Included property is sold during the term of this contract you must notify HWA™ of the change in ownership and Any award of the arbitrator against HWA™ cannot exceed $5,000 per claim or $15,000 in the aggregate. HOME submit the name of the new owner by phoning 1-888-HWA-RELY in order to transfer coverage to the new owner. OWNER expressly waives all claims in excess of, and agrees that its recovery shall not exceed, these amounts. Any such B. This contract may be renewed at the option of HWA™ and where permitted by state law. In that event you will be notified of award shall be in satisfaction of all claims by HOME OWNER against HWA™. the prevailing rate and terms for renewal. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction. Wisconsin Residents: The Arbitration clause is not valid in the state of Wisconsin B. LIMITATIONS OF LIABILITY XII. CANCELLATION 1. The following are not Included for the home seller or for the first 30 days after the close of sale for the home This contract shall be noncancelable by company except for: owner/buyer; (i) malfunction or improper operation due to rust or corrosion of all systems and appliances, (including A. Nonpayment of contract fees; plumbing systems, heating systems, electrical systems, built-in wall units or heat pumps) and/or air conditioning sys- B. Fraud or misrepresentation of facts material to the issuance of this contract; tems/coolers or pools/spas, (ii) collapsed ductwork. C. When contract is for listing coverage and close of sale does not occur. 2. HWA™ is not responsible for providing access to or closing access from any covered item which is concrete-encased D. If contract is canceled, the Home Owner shall be entitled to a pro rata refund of the paid contract fee for the unexpired term, or otherwise obstructed or inaccessible (ie. Beneath crawl spaces, floor coverings, systems, cabinets etc.). HWA™ will pay no more than $500 for diagnosis, repair or replacement of any covered components within Section IV.A. less service and administrative costs incurred by HWA™; If listing coverage is cancelled after service has been performed, and (Plumbing) or Section V.B. (Ductwork) that are concrete encased or otherwise inaccessible or obstructed. the policy fee has not yet been paid, policy holder will be responsible for purchase of policy, or reimbursement to HWA™ 3. During the period of Buyer’s coverage, HWA™ will pay no more than $1,500 per covered item for diagnosis, access, of service costs incurred, whichever is less. and repair or replacement of any hot water or steam circulating heating systems. E. Cancellation within 30 days of acceptance of HWA™ if no service request has been made. If so canceled by the Contract 4. At times it is necessary to open walls or ceilings to make repairs. The Service Provider obtained by HWA™ will close holder, the Contract holder is entitled to a full refund of the contract proceeds less a cancellation fee of the lesser of $30 or the opening, and return to a rough finish condition, subject to the monetary limits outlined in this article VII, Sections 10% of the Contract fee. 2 and 3 above. HWA™ is not responsible for restoration of any wall coverings, floor coverings, plaster, cabinets, count- er tops, tiling, paint, or the like. Similarly, HWA™ is not responsible for the repair of any cosmetic defects or perform- F. Illinois residents: In addition to the terms stated in Section XII. E., HWA™ and Illinois residents may cancel the Contract ance of routine maintenance. at any other time and the Contract holder will be entitled to a pro-rata refund of the Contract proceeds (based on the num- 5. Electronic or computerized energy management or lighting and appliance management systems, solar systems and ber of complete months remaining) less the value of any service received and less a cancellation fee of the lesser of $30 or equipment are not included. 10% of the Contract fee. 6. HWA™ is not liable for service involving hazardous or toxic materials including but not limited to mold, lead paint, or G. Oklahoma residents: In addition to the terms stated in Section XII. A, B, and C above, if contract is canceled by the Association asbestos, nor costs or expenses associated with refrigerant recovery, recycling, reclaiming or disposal. HWA™ is not (Company), return of premium shall be based on 100% of the unearned pro rata premium. Sections XII. D, E, and F do not liable for any failure to obtain timely service due to conditions beyond its control, including, but not limited to, labor apply. This contract may be canceled by the Home Owner at any time. If so, return of premium shall be based on 90% of the difficulties or delays in obtaining parts or equipment. 7. HWA™ is not liable for repair of conditions caused by chemical or sedimentary build up, misuse or abuse, failure to unearned pro rata premium. clean or maintain as specified by the equipment manufacturer, missing parts, structural changes, fire, freezing, elec- H. Virginia Residents: If you cancel this contract within 20 days and if no claim has been made, you will be entitled to a full trical failure or surge, water damage, lightening, mud, earthquake, soil movement, soil settlement, storms, accidents, refund of the purchase price. pest damage, or acts of God. I. Wisconsin Residents: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF 8. HWA™ has the sole right to determine whether a covered appliance, system or component will be repaired or THE COMMISSIONER OF INSURANCE. If you cancel this plan, no deduction shall be made from the refund for the cost replaced. Parts and replacements will be of similar or equivalent quality and efficiency to those being replaced subject, of any services received. This plan shall not be cancelled due to unauthorized repair of covered equipment. however, to limitations stated in this contract. Where replacement equipment of identical dimensions is not readily available, HWA™ is responsible for providing installation of like quality equipment but not for the cost of construction or carpentry made necessary by different dimensions. HWA™ is not responsible for upgrade or matching color or XIII. MISCELLANEOUS brand. During the listing period, and for the first 30 days of the buyers period, HWA™ is not liable for replacement of A. Attorneys’ Fees. If either party is required to defend itself in litigation, arbitration, or otherwise, then the defending party entire systems or appliances due to obsolete, discontinued or unavailability of one or more integral parts. However, is entitled to recover from the instigating party the amount of attorneys’ fees and expenses the defending party incurs in HWA™ will provide reimbursement for the costs of those parts determined by reasonable allowance for the fair value defending the litigation, arbitration, or other proceeding unless the instigating party substantially prevails in the litigation, of like parts. arbitration, or other proceeding. To the extent that the instigating party seeks monetary relief, to substantially prevail means 9. HWA™ is not liable for repairs related to: adequacy or capacity of appliances, components and systems in the home; improper installation, design or previous repair of appliances, components and systems: problems or failures caused that the instigating party must recover at least 50% of whatever that party is seeking. by a manufacturer’s defect. Except as otherwise noted or, if Option VI.H. is purchased, HWA™ is not liable for repairs B. Connecticut Residents: The expiration date of this Plan shall automatically be extended by the duration that the prod- related to costs of construction, carpentry or other incidental costs associated with alterations or modifications of appli- uct is in our custody while being repaired. In the event of a dispute with administrator, you may contact The State of ances, components or installation of different equipment and/or systems. Except as required to maintain compatibil- Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint ity with equipment manufactured to be 13 SEER and/or 7.7 HSPF or higher compliant, HWA™ is not responsible for must contain a description of the dispute, the purchase price of the product, the cost of repair of the product and a copy providing upgrades, components, parts or equipment required due to the incompatibility of the existing equipment of the Plan. with the replacement system, appliance or component/part, including but not limited to efficiency as mandated by Kansas Residents: This plan is not an insurance policy. federal, state or local governments. 10. HWA™ is not liable for the repair or replacement of commercial grade equipment, systems or appliances. HWA™ shall North Carolina Residents: The purchase of this contract is not required either to purchase or to obtain financing for a pay no more than $1,000 in aggregate for professional series or like appliances such as, but not limited to, brand home appliance. names such as Sub Zero, Viking, Bosch, JENN-AIR, GE Monogram, Thermador, and etc. Oklahoma Residents: This service warranty is not issued by the manufacturer or wholesale company marketing the prod- 11. HWA™ reserves the right to require a second opinion. uct. This warranty will not be honored by such manufacturer or wholesale company. 12. HWA™ is not liable for normal or routine maintenance. HWA™ will not pay for repairs or failures that result from the South Carolina Residents: If you cancel this contract within 20 days of acceptance by HWA and if no claim has been Contract holder’s failure. The contract holder is responsible for performing normal and routine maintenance. For made under the service contract, you are entitled to a refund of the full purchase price. example, you are responsible for providing 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 Virginia Residents: If you are unable to contact or obtain satisfaction from the home service contract provider you may con- filter replacement. HWA™ will not be responsible for repairs of systems or components arising from a manufacturer’s tact the Commission at: Virginia Bureau of Insurance; 800-552-7945; 1300 East Main Street, Richmond, Virginia 23219. defect or recall or while still under manufacturer’s or distributor’s warranties. HWA’s responsibilities will be secondary WashingtonResidents: If you cancel this contract, cancellation (and required notice) will be in conformance with Section to any other extended or in-home warranties that exist for the included systems, components and appliances. RCW 48.110.070 of the Washington Insurance Code. 13. Unless Option VI.J. is purchased HWA™ is not responsible for removal and hauling away of old equipment or appli- Wyoming Residents: If you cancel this contract, cancellation will be in conformance with Section RCW 26-49-103 of the ances. Where available, you may be charged an additional fee by the service vendor for removal and/or disposal of an Wyoming Insurance Code. Contract holder can cancel within 20 days of acceptance of HWA™ if no service request has been old system, component or appliance. 14. HWA™ reserves the right to offer cash back in lieu of repair or replacement in the amount of HWA’s actual cost to made. If so cancelled by the contract holder the contract holder is entitled to a full refund. The service contract provider is repair or replace any covered system, component or appliance. Home Warranty of America™, Inc., PO Box 850, Lincolnshire, IL 60069-0850. 15. HWA™ will pay no more than $400 maximum aggregate per contract for diagnosis and repair of each burglar and C. Obligations of the provider under this service contract are backed by the full faith and credit of the provider. Home Warranty fire alarm systems, fans and vacuums. of America™, Inc. PO Box 850 Lincolnshire, IL 60069-0850. Limits of liability are $5,000 per claim or $15,000 in aggregate. NA7 1/08
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