This document sets
forth the entire agreement between Warranty Global Group, Inc. and the Contract
holder. Warranty Global Group, Inc. is contractually obligated to You to
provide service under this Contract where in accordance with, and as allowed
by, state law. Please refer to Your Certificate of Coverage for applicable
state disclosures.This is not an
insurance policy. Obligations under this Contract are provided by
Warranty Global Group Inc. The Administrator’s performance under this Contract
is insured by an insurance policy issued by Dealers Assurance Company, P.O. Box 1829, Addison, TX 75001,
Telephone 1-800-282-8913. If a covered claim is not paid within sixty (60) days
after proof of Cost has been filed, You may file a
claim with Dealers Assurance Company at the address listed above.
SECTION 1. IMPORTANT
INFORMATION
It is hereby agreed
that Warranty Global Group, Inc., in consideration of the fee(s) paid, will
provide coverage for the authorized repair or replacement of the Covered Items
described in this Contract, when such Covered Items become inoperative due to Operational
Failure during coverage periods. This Contract is subject to the limitations
and provisions as set forth herein and any amendatory endorsements attached
hereto. The Administrator assumes
no obligation or liability that does not appear in this Service Contract. Please refer to the certificate of coverage for
Your name, covered Residence address, coverage dates, coverage plan, options,
and fees.
SECTION 2.
DEFINITIONS
· Administrator, We, Us,
Our: Warranty Global Group, Inc.
· Contract, Service Contract:
This document in its entirety.
·
Cost(s):
The actual reasonable cost for repair or replacement of Covered Items or their
Parts and Components when the repair or replacement is made necessary by
Operational Failure during the Contract term.
·
Covered Item(s): Property subheadings listed in
“SECTION 3. COVERED ITEMS” and “SECTION 4. OPTIONS,” for which this Contract
provides coverage, subject to the terms and conditions herein.
·
Emergency
Repairs: Repairs necessary outside Our business hours that are due to the loss
of heating or cooling, loss of plumbing, substantial loss of electrical
service, or any other conditions that render a dwelling uninhabitable.
·
Exterior:
The area outside of the Perimeter.
· Interior: The area
inside of the Perimeter.
· New Construction: A new Residence that retains a twelve (12) month
warranty from the builder and that has not been occupied prior to the Contract
sale date.
· Operational
Failure(s): A mechanical breakdown due to normal wear, tear, and use, resulting
in the failure of Parts and Components.
·
Parts
and Components: The elements of any Covered Item of the Residence that either
are located within the Interior, are considered part of the Interior, or belong
to covered pool/spa equipment, water
well pumps, or air conditioning units.
·
Perimeter:
The internal boundary of the Residence that ends at the external walls to the
sides, the roof above, and the foundation line, slab, or lowest man-made
flooring of the premises below.
· Residence: The single-family
dwelling covered by this Contract, which is used for residential purposes only.
A dwelling unit is a residential area that contains no less than the following:
sleeping quarters, a bathroom, a kitchen area, and a separate entryway to the
unit (cannot exceed 5,000 total livable square feet per residential dwelling
unit, without prior approval). Any unit that does not meet the above defined
minimums or exceeds the maximums shall not be covered. The Residence includes
the primary physical structure, as well as attached garages that share a
connecting wall with the dwelling. A Residence may be a condominium unit.
·
You,
Your: The Contract holder.
SECTION 3. COVERED ITEMS
3.1
CENTRAL HEAT SYSTEM
NOTE: We will pay no
more than $5,000.00 for this Covered Item per Contract term. Additionally, We will pay no more than $1,500.00 per Contract term for
access, diagnosis, and repair or replacement of any glycol system, self-contained
package unit, or domestic hot water system (boiler), or geo-thermal system.
For failures due to rust, sediment, or corrosion: (a)
We will pay no more than $1,000.00 per Contract term, (b) no coverage will be
provided for units older than thirteen (13) years, measured from the unit
manufactured date, and (c) no coverage will be provided within the first thirty
(30) days from the effective date of this Contract.
NOT COVERED:All coal and wood burning equipment,
conversions from coal to gas or coal to oil systems, oil storage tanks, fuel
oil lines, space heaters, chimneys, fireplaces, flue liners, air filters, gas
logs.
3.2
CENTRAL AIR SYSTEM
NOTE: We will pay no
more than $5,000.00 for this Covered Item per Contract term. We will pay no more than $20.00 per pound for
refrigerant. Additionally, We will pay no more
than $1,500.00 per Contract term for access, diagnosis, and repair or
replacement of any self-contained package unit or geo-thermal system. For
failures due to rust, sediment, or corrosion: (a) We will pay no more than
$1,000.00 per contract term, (b) no coverage will be provided for units older
than thirteen (13) years, measured from the unit manufactured date, and (c) no
coverage will be provided within the first thirty (30) days from the effective
date of this Contract.
NOT COVERED: Well pump and well pump components for
geothermal or water source heat pumps.
3.3
DUCTWORK
COVERED: Ducts from heating or cooling unit to point
of attachment at registers or grills, flex ductwork, and costs related to
accessing ductwork through unobstructed walls, ceilings, or floors.
NOTE: In the event of a covered claim requiring
ductwork, We will cover costs to return the access
opening to a rough finish condition. We will pay no more than $500.00 per
Contract term for concrete encased ductwork.
3.4
PLUMBING
COVERED:
Piping: gas, hot and cold water,
drain and waste lines, vent, branch, and riser lines. Plumbing Component Parts: fixtures, faucets, shower heads,
toilets, and tubs, as well as wax ring seals, trip levers, risers, and in-line
shut-off or supply valves leadinginto
sinks, toilets, or tubs. Sump Pumps:all Parts and Components of the
primary unit, except those listed below. Whirlpool: motors and jets. Sewage Removal Pump: All Parts and
Components, except those listed below. Coverage is limited to one (1) ejector pump
unit or one mounted grinder pump unit only.Domestic Water Softeners: All Parts and Components.
Other: costs related to clearing septic and drain line
stoppages, and costs related to accessing plumbing systems through unobstructed
walls, ceilings, or floors.
NOTE: In the
event of a covered claim requiring plumbing work, We
will cover costs to return the access opening to a rough finish condition. We
will pay no more than $500.00 per Contract term for concrete encased plumbing. We
will pay no more than $500.00 per Contract term for repairs or replacements due
to polybutylene line leaks. If a sewer
cable can clear a septic or drain line stoppage through an existing,
accessible ground-level clean-out point, such as the main line, removable
p-trap (branch line), or the drain line to the street, We will cover the cost of the sewer cable service, subject to the terms
and conditions herein.
NOT
COVERED: Water filters; waste water filters; water purification systems; lines, pipes, or connectors belonging to covered pumps;
any water well system; shower base pans; shower enclosures or doors; sinks;
tubs; instant hot water devices; drain tile; iron filters; lawn sprinkler
systems; drain fields; leach beds; cesspools; energy conservation unit flues
and vents; saunas; standalone jacuzzi-type tubs; whirlpool tubs; main body of
bathtub enhancement units; main body; caulking; grout; tiles; aerator systems
for treating sewage and aerator system components; septic or drain-line
stoppages that cannot be cleared with a sewer cable through an existing,
accessible ground-level clean-out point; or failures due to screws, nails, vegetation
roots, rust, sediment, or corrosion.
3.5
ELECTRIC
COVERED:
Wiring main service panel, sub-panels, receptacles, outlets, switches, fuse
boxes, breakers, and electric wiring to central heating and cooling systems,
doorbell, and permanently mounted lighting fixtures and ceiling fans.
NOTE:
We will pay no more than $500.00 per Contract term for repairing or replacing
the wiring main service panel.
NOT
COVERED: Fixtures commonly known as
chandeliers; audio/video surveillance systems; intercom systems; monitors
working in conjunction with the doorbell system; telephone wiring; hobby
items; generators or other items that are gas-fueled, oil fueled, battery-powered,
or considered antique (50 years of age or older).
3.6
WATER
HEATERS
COVERED:
Electric, Gas, or Tankless Water Heaters: All Parts and Components.
NOTE:
For failures due to rust, sediment, or corrosion, no coverage will be provided
within the first thirty (30) days from the effective date of this Contract.
NOT COVERED: Oil, solar, or
solar-assisted water heating units; units with a capacity of over 100 gallons.
3.7
KITCHEN
REFRIGERATOR
COVERED: All Parts and Components, except those listed
below. Coverage is limited to one (1) kitchen unit only.
NOT COVERED: Icemakers,
ice crushers, water and ice dispensers, shelves, thermal shells, and doorliner.
3.8
DISHWASHER
COVERED: All Parts and Components, except those listed
below. Coverage is limited to one (1) kitchen unit only.
NOT COVERED: Rollers.
3.9
FOOD
WASTE DISPOSER
COVERED: All Parts and Components. Coverage is limited
to one (1) kitchen unit only.
NOT COVERED: Stoppage,
damage, or failure caused by material other than food.
3.10 COOKING RANGE/OVEN/COOKTOP
COVERED: All Parts and Components, except those listed
below. Coverage is limited to one (1) kitchen unit only.
NOT COVERED: Box,
door glass, lights, rotisseries, timers that do not affect the functions of the
oven, sensi-heat burners, filters, and magnetic
induction ranges/ovens/cooktops. Cracking of glass-top ranges or cooktops.
3.11 TRASH COMPACTOR
COVERED: All Parts and Components, except those listed
below. Coverage is limited to one (1) kitchen unit only.
NOT COVERED: Removable
buckets.
3.12 OVER THE RANGE OR BUILT-IN
MICROWAVE
COVERED: All Parts and Components, except those listed
below. Coverage is limited to one (1) kitchen unit only.
NOT COVERED: Door
glass, cavity lining, clocks, lights, shelves, rotisseries, meat probe
assemblies, countertop microwaves.
SECTION 4. OPTIONS
The following options are
available at the time this Service Contract is sold. Desired options must be
selected at the time of sale for corresponding benefits to apply. Please see
descriptions below.
4.1
HOME
INSPECTION-RELATED SERVICES
COVERED: Pre-Existing
Conditions: We will cover Covered Items or Parts and Components that were not
in proper working order on the Contract sale date, if not detected during the
home inspection. Permits: We will cover costs for obtaining permits, up to
$250.00 per occurrence. Code Violations: We will pay up to $250.00 per Contract
term to correct code violations or for upgrades to Covered Items made necessary
because of code violations. Improper Installation, Repairs, or Modifications:
We will pay up to $1,000.00 per Contract term to repair or replace Covered
Items that were improperly installed, repaired, or modified prior to or during
the Contract term, if not detected during the home inspection. Removal of
Defective Equipment: We will cover costs to dispose of any Covered Items or any
Parts and Components of any Covered Items replaced under this Contract.
Refrigerant Recapture, Reclamation, and Disposal: We will cover costs to
dispose of any replaced refrigerant, not to exceed $20 per pound or $250,
whichever is less.
NOTE:In
order for this coverage to apply, a written home inspectionmust be performed
within ninety (90) days of the Contract sale date.Coverage applies
only to Covered Items listed in this Contract, and in no case shall coverage
for any Covered Item exceed any applicable limit.
4.2
CLOTHES
WASHER AND DRYER
COVERED: All Parts and Components,
except
those listed below.
NOT COVERED: Venting, lint
screens, rails, plastic mini-tubs, soap dispensers, and filter screens.
4.3
ALL SWIMMING
POOL/SPA EQUIPMENT OPTIONS
COVERED: All Parts and Components
of the heating, pumping and filtration system, blower, pool sweep motor, and
pump. The Salt Water Pool Equipment option provides coverage for the salt water
pool circuit board and cell.
NOTE: The Swimming Pool/Spa
Equipment option provides coverage for a swimming pool and any covered Parts
and Components that it shares with a spa. The Salt Water Pool Equipment option
provides coverage for the salt water pool circuit board and cell only. If
Your pool is a salt water pool, You must select and pay
for both the Swimming Pool/Spa Equipment option and the Salt
Water Pool Equipment option for full coverage of the components listed above to
apply to Your salt water pool. If Your spa is a stand-alone spa, You must select and pay for the Stand-Alone Spa Equipment
option for coverage to apply to Your stand-alone spa.
NOT COVERED: Lights; liners; concrete
encased or underground electrical wiring; plumbing or gas lines; any mechanism
used in association with a waterfall, fountain, or any other attachment not
associated with the primary function of the covered equipment; structural
defects; solar equipment; jets; fuel storage tanks; built-in or detachable
cleaning equipment including pop-up heads, turbo valves, and stand-alone pool
cleaning devices.
4.4
STAND-ALONE ICE
MAKER
COVERED: All Parts
and Components of a freestanding or under the counter ice maker that is not
incorporated into a refrigerator or freezer, except those listed below. Coverage
is limited to one (1) kitchen unit only.
NOT COVERED:
Ice crusher, plastic buckets, thermal shells, doorliner.
4.5
REFRIGERATOR ICE
MAKER
COVERED: All Parts
and Components of an ice maker that is incorporated into a refrigerator or
freezer, except those listed below. Coverage is limited to one (1) kitchen unit
only.
NOT COVERED: Ice crusher, plastic buckets, thermal
shells, doorliner.
4.6
ADDITIONAL
REFRIGERATOR OR FREEZER
COVERED: All Parts
and Components, except those listed below. Coverage is limited to one (1) additional
refrigerator or freezer unit, which is separate from the kitchen refrigerator
covered in 3.7.
NOT COVERED: Icemakers,
ice crushers, shelves, water and ice dispensers, thermal shells, doorliners, or
walk-in freezers.
4.7
GARAGE DOOR OPENER
COVERED: All
Parts and Components, including touch pads, transmitters, hinges, and springs.
NOT COVERED: Remote
controls.
4.8
CENTRAL VACUUM
COVERED: Motor,
relay, switches, and wiring.
NOTE: We
will pay no more than $400.00 per Contract term for access, diagnosis, and
repair, or replacement.
NOT COVERED: Attachments, hoses, panels, powerhead assembly, secondary
units, and structural components. Clogged lines.
4.9
WATER WELL PUMP
COVERED: All Parts and Components of the pump,
motor, tank, and shaft.
NOTE: We will pay no more than $1,200.00 per Contract term for access,
diagnosis and repair, or replacement.
NOT COVERED: Above or underground piping, cable or electrical lines
leading to and from the well pump, including those that are located within the
well casing, well casings, pumps that service buildings
other than the Residence, pressure switches not located on the pump-booster
pumps, well pump and all well components for geothermal or water source heat
pumps.
SECTION 5. LIMITS OF
LIABILITY
The total of all
benefits that will be paid under this Service
Contract will not exceed $25,000.00.
Coverage is limited to $1,500.00
per Covered Item, except as specifically indicated otherwise in this Contract.
There may be other monetary limits for specific Covered Items or specific Parts
and Components of those Covered Items, as noted in the appropriate section.
Costs for any Covered Item will not exceed any specified limits, whether the Covered
Item is repaired or replaced. If We decide to replace a
Covered Item, yet You request that Covered Item be repaired instead, We will honor that request, but the individual
coverage limit for that Covered Item will be considered met for the remainder
of the Contract term, once the requested repair is complete. Once the
aggregate limit of liability for the life of this Contract has been reached, this Contract and all benefits, including transfer and cancellation
rights, terminate.
SECTION 6. WHAT THIS
CONTRACT DOES NOT COVER
Property, equipment, and services not specifically listed as covered (or
listed as not covered) are not covered. In addition, this Service Contract does
not cover the following:
1.
Covered
Items or Parts and Components that were not in proper working order on the
Contract sale date (i.e. pre-existing conditions). If the Home
Inspection-Related Services Option was selected and a home inspection was
performed within ninety (90) days of the Contract sale date, pre-existing
conditions will be covered according to the stipulations listed in 4.1.
2.
Costs
of correcting faulty workmanship, improper installation, or any failure or
damage caused by improper installation to any Covered Item by any person or
party, either before or after issuance of this Contract. If the Home
Inspection-Related Services Option was selected and a home inspection was
performed within ninety (90) days of the Contract sale date, these failures
will be covered according to the stipulations listed in 4.1.
3.
The
costs of disposing of any replaced Covered Items or Parts and Components,
coolant recovery fees, or other environmental fees or charges. If the Home
Inspection-Related Services Option was selected and a home inspection was
performed within ninety (90) days of the Contract sale date, these costs will
be covered according to the stipulations listed in 4.1.
4. The
cost of correcting any code violations (local, state, or federal), upgrades to
any Covered Item made necessary because of code violations, or costs of
obtaining permits. If the Home Inspection-Related Services Option was selected
and a home inspection was performed within ninety (90) days of the Contract
sale date, these costs will be covered according to the stipulations listed in
4.1.
5. Defects in any Covered Item or their Parts and Components due to the
manufacturer’s errors or improper construction.
6. Any Operational Failure covered by any other collectible insurance, homeowner insurance
policy, warranty, guarantee, or other
coverage available to You.
7.
Any
Operational Failure that occurred prior to the non-timely receipt of payment of
Contract fees.
8.
Any repair or replacement that has not received
prior authorization from the Administrator. This exclusion does not apply to
Emergency Repairs.
9. Damage
caused by fire; wind; freezing; hail; sleet; snow; ice or water back-up due to
ice; explosions; riots; civil commotion; aircraft; vehicles; smoke; vandalism;
malicious mischief; glass breakage; theft; burglary; falling objects; weight of
ice or snow; discharge of water or steam from plumbing, heating, air
conditioning systems, or appliances; war or any act of aggression; acts of God;
accidents due to negligence or misuse; nuclear contamination; flood; surface
water; waves or tidal waves; earthquakes; landslides; mud flows; seepage; rot;
dry rot; condensation; lightning; or destruction caused by rodents, termites,
insects or vermin.
10.
Damage
that does not cause Operational Failure to any of the Parts and Components of
Covered Items.
11.
Failure
due to rust, sediment, or corrosion, except as otherwise indicated.
12.
Electrical
surges, excessive or inadequate voltage, power failure or shortage, electricity
generators, or damage caused by electricity generators.
13.
Conditions
of excessive, low, reduced, or insufficient water pressure or water flow; water
line blockages; mechanical failures resulting from lack of water; repair of
piping damage caused by screws, nails, or vegetation roots; digging new/deeper
wells or redrilling wells; shared water wells; hydro-jetting;
discolored or impure water.
14.
Any
systems damage or malfunction due to lack of capacity, failure to maintain the
temperature in the Residence above freezing, or incorrect use or contamination
of fuel or energy.
15.
Damage
to the physical structure of the Residence including, but not limited to,
bearing walls, walls, roof, roof supports, structural floor base, foundation or
slabs, and ceilings except where specifically identified as covered.
16. Costs associated with cosmetic texture, paint, or
tile work or any other repairs to walls, floors, or ceilings, beyond returning
them to a rough finish condition after repairs to plumbing or ducts.
17. Fees
associated with new installation hook-ups to city or municipal sewage systems
or other utilities.
18. Covered
Items or any Parts and Components that have been abused, misused, or used to
perform unusual or abnormal functions.
19. Cabins,
boarding houses, dormitories, fraternities, sororities, other cooperatives,
mobile homes not permanently attached and without metered utilities, and
apartments with written leases less than one (1) year.
20.
Any incidental or
consequential property damage, including but not limited to damage to
automobiles or clothing.
21.
Lost time, lost
data, or failure to provide timely service due to conditions beyond Our control,
including, but not limited to, part or equipment delays and labor difficulties.
22.
Any of the following,
except as otherwise indicated elsewhere in this Contract: Cabinetry, light
bulbs, plastic, porcelain or enamel parts, finishes, knobs, dials, hinges, lock
and key assemblies, handles, racks, baskets, probes or rotisseries, or trim or
other appearance parts.
23. Portable
units.
24. Temporary
repairs not intended to fully resolve the cause of Operational Failure.
25. System
resets, maintenance, maintenance inspections, cleaning, lubrication services, pumping
of septic tanks, capacity increases for any system, or adjustments of covered
property.
26. Food
spoilage.
27. Commercial
structures or space and any properties where commerce occurs.
28.
Commercial equipment and
equipment that services commercial space, even if it simultaneously services
covered residential unit(s).
29. Leased,
rented, or custom-built systems or equipment.
30. Costs
associated with the installation or delivery of kitchen appliances.
31. Equipment,
Covered Items, or systems that are owned by a condominium association,
designated for use in condominium common areas, or that serve more than one (1) condominium unit.
32.
Detached garages,
garages not sharing a wall with the dwelling, or garages attached to the
dwelling only by roofing.
33.
Out buildings,
site improvements, or any grounds surrounding the Residence.
34.
Any Exterior
system or equipment, including the Exterior of condominiums, as well as any
systems or equipment located outside the Perimeter. This exclusion does not
apply to covered pool/spa equipment, water well pumps, or air conditioning
units resting on man-made flooring outside the Perimeter.
SECTION
7. OBTAINING SERVICE
7.1
REQUIRED
NOTICE
You shall give notice to Us of any occurrence of any
failure that may be covered by Us within 48 hours of discovery. You shall take
every precaution to protect the property from further damage until the
necessary repair or replacement is authorized by Us and is completed. You must notify Us of any Operational Failure
prior to actual repair or replacement. We shall not be liable for any Costs
unless said notice is given prior to the expiration of Your coverage,
regardless of when the Operational Failure occurred.
7.2
REQUESTING
SERVICE
When service is needed, please call 1-866-237-4980,
Monday through Friday, 8 am – 7 pm Central Standard Time. Outside of these
hours or on holidays, You will be able to leave a
voice mail message twenty-four (24) hours per day, seven (7) days per week. At Your
discretion, You may utilize a licensed and insured
service provider of Your choice.You
and the repair technician shall provide Us with sufficient information as to
the cause and nature of the occurrence, as well as other pertinent information
relating to the claim to the best of Your knowledge and belief. This
information may also include estimates relating to repair or replacement of the
Parts and Components that failed. We reserve the right to request additional
opinion(s). We must speak with the technician
and authorize and approve all work prior to repairs for coverage to apply,
except in the case of Emergency Repairs. If Emergency Repairs are
necessary, You are responsible for providing
authorization to the technician. In such a case, You
must pay for any expenses and seek reimbursement from Us. Industry-standard
overtime rates and emergency labor rates are paid at the discretion of the
Administrator.
7.3
WHAT
WE WILL DO WHEN A CLAIM IS REPORTED
Provided You call Us during Our regular business hours, We will attempt to contact an authorized representative and
arrange a service call within two (2) business days. If You call outside Our
business hours, We will begin this process within two
(2) business days from the start of the next business day.We have the sole right to determine
if Covered Items or any of their Parts and Components should be repaired or
replaced. In the event of repairs, non-original manufacturer’s parts may be
used to make repairs, at Our discretion. In the event of replacement, We will provide for replacement with Parts and Components or
equipment of similar dimensions and like kind and quality, but not necessarily
with the same brand, color, or custom features. If a Covered Item is non-repairable due to the Operational Failure of
Parts and Components that are unavailable, We are not responsible for
replacement of the entire Covered Item; We will be obligated only to make a
reasonable payment based upon the value of installing comparable Parts and
Components that are available, subject to any per occurrence or aggregate
maximums.
NOTE: Coverage
is provided under the terms and conditions of this Contract, and not according
to the interpretations or opinions of the retailer, technician, or service
provider. Any retailer, technician, service provider, or home inspection
companies or inspection personnel are not Our agents.
7.4
DEDUCTIBLE
AND SERVICE CALL FEES
For all covered repairs on each trade service call, You will pay a deductible
of seventy-five dollars ($75.00), or the actual cost of
the repair, whichever is less, to the service provider. If a covered
repair is required on the same covered property as a prior claim that occurred
within the last thirty (30) days, We agree to waive
Your obligation to pay this deductible for that service call.
If no Operational
Failure or other defect covered by this Contract is discovered or repaired
during a service call, You are responsible for the
entire service call fee. You will also
pay the service call fee for each call dispatched in events such as the
following: You fail to be present at the scheduled time of the trade service
call, You cancel a call when technician is in route to Your home, or You cancel
a call after the technician has already arrived at Your home.
Your
payment must be made prior to completion of each service call, including trade
service calls where coverage was granted, excluded, limited, or denied in whole
or in part. We have the option to suspend this Contract for
non-payment of deductibles or service call fees until such time as payment is
received.
7.5
REIMBURSEMENT
REQUIREMENTS
You may be required to pay the service provider directly
and seek reimbursement from Us if the service provider will not bill Us
directly or in the event of Emergency Repairs performed outside Our business
hours. Reimbursement requests covered under this Contract must be submitted to
Us within 60 days once the claim is authorized. You must submit any documents
requested, including, but not limited to, any documents showing proof of Cost or
invoices showing payment. We
will reimburse You for Your approved coverage within 30 days of receipt of a
paid invoice from the service provider or other proof of payment acceptable to
Us.
7.6
OTHER
INSURANCE, WARRANTY, OR GUARANTEE
Should We deem it necessary, You
shall supply Us with all requested information with regard to manufacturer
warranties on all appliances and systems prior to Our payment for the repair or
replacement.
SECTION 8. BUILDING
CODES
If the Home Inspection-Related Services Option was selected and a home
inspection was performed within ninety (90) days of the Contract sale date, We will pay up to the amounts listed in section 4.1 for
those services, according to the terms and conditions listed therein. In all
other cases, neither the cost of bringing any Covered Item up to code nor the
cost of obtaining permits is a covered expense. When restoration of a Covered
Item to original condition is not permitted by zoning, building codes, or any
other law, or if the code requires upgrades, permits, or other non-covered
fees, We will not be liable for the additional
material, labor, or expenses. When code corrections are necessary prior to
repair or replacement, You shall be responsible for
making the corrections, and We shall have no obligations to pay for that repair
or replacement until the corrections have been made. When permits cannot be
obtained due to code violations, We will have no
obligation to pay for repair or replacement of affected
Covered Items until the violations have been remedied in full.
SECTION 9. RIGHTS TO
RECOVERY
In the event of any payment under this Contract,
We shall be subrogated to all of Your rights of
recovery against any person or organization. Said rights shall include, but are
not limited to, access to all inspection reports, listing agreements, offers to
purchase and acceptance, deeds or other instruments of conveyance or transfer,
and any and all oral representations made by builders or builders’
representatives. You shall provide instruments and documents and do whatever
else is necessary to secure such rights. You shall do nothing to prejudice such
rights. We shall not be bound to pay
any Costs if You have impaired any right of recovery for said Cost.
SECTION 10.
CANCELLATION
CANCELLATION BY THE
ADMINISTRATOR
The Administrator may cancel this Contract for material
misrepresentation or substantial breaches of contractual duties, conditions, or
warranties, or for non-payment of the Service
Contract price. This includes misrepresentation/fraud by You in reporting an Operational Failure or the amount of
the Cost. Collusion between
repair personnel and You to
defraud Warranty Global Group, Inc. shall be construed as misrepresentation.
CANCELLATION BY THE
CONTRACT HOLDER
You
may cancel this Service Contract
at any time by notifying the Administrator
in writing. This notification must include Your name, address, contract number, date, and signature.
CANCELLATION
PROVISIONS
If We receive Your written request to cancel this Contract within the first sixty (60) days of the covered term, We will
refund the full purchase price of the Service Contract, less the cost of any
claims paid. If We receive Your request to cancel this Contract after the first sixty (60)
days past the Contract sale date, You will receive a pro rata refund, less the cost of any
claims paid. Pro rata refunds are determined by multiplying the amount You paid for this Service Contract bythe following: the number of covered
days remaining on the Service Contract divided
by the original number of covered days. A cancellation fee of $50 will be
charged for all pro rata cancellations made by the Contract Holder. If this Contract is cancelled by Us
at any time, You
will receive a full refund of the price You
paid for this ServiceContract, less the cost of any claims
paid.
NOTE: If
YourResidence is a New Construction, You will receive a full refund
if cancellation occurs prior to the beginning of the Contract term. Transferred Service
Contracts are not eligible for cancellation refunds.
SECTION 11.
TRANSFER/RENEWAL
TRANSFERS
If ownership and
legal title of the Covered Residence is transferred during the Contract term,
the coverage afforded under the terms and conditions of this Contract may be
transferred to the new home owner for the remainder of the Contract term,
unless Your Residence retains a warranty from the builder or Your Residence has
not been occupied prior to the Contract sale date. You must notify the Administrator
of the transfer of ownership in writing and must include the following:
a transfer fee of $50 and the name of the new owner. The assignee takes the
Contract on the same terms, conditions and expiration date as the assignor.
Call 1-866-445-3604 to request a transfer of coverage form; transfer of
coverage will be processed once We receive this form.
NOTE: If Your
Residence is a New Construction, this
Contract is not eligible for transfer to ensuing owners.
RENEWALS
This Contract may be
renewed at the sole discretion of the Administrator. If the Administrator
elects to renew Your Contract, You will be notified of
the plan fee and terms for the renewal during the tenth month of Your Contract
term. Your first payment for the next Contract term will serve as Your final
authorization for another Contract term.
SECTION 12.
ARBITRATION
Any controversy or claim arising out of or
relating to this Contract, or breach thereof, will be settled by binding
arbitration in accordance with the Commercial Arbitration Rules of the American
Arbitration Association. A judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
