LifeTimeHomeWarranty.com
This Service Agreement,
hereinafter referred to as the “Agreement” or “service contract”, is issued by
the entity listed for your state on the Coverage Summary page. Such entity is
hereinafter referred to as “LHW”, “we”, “us”, and/or “our”, or “provider”. The
owner of the property covered by this Agreement is hereinafter referred to as
“you” and/or “your”, or “contract holder”. LHW offers home service contracts,
which are not warranties. Terms may vary in different states. LHW reserves the
right to revise this Agreement at any time and you are deemed to be apprised of
and bound by any changes to this Agreement. For the most updated version of
this agreement visit LifeTimeHomeWarranty.com/customer-portal
I. BASIS
FOR COVERAGE
During the term of this Agreement, we agree to pay the covered
costs to repair or replace the items listed as covered on your Agreement
Coverage Summary if any such items become inoperable due to mechanical failure
caused by normal wear and tear.
Determination of Coverage including the operational condition as of the
Agreement effective date for any claim will be made solely by us, considering
but not limited to, our independent contractor’s diagnosis, hereinafter
referred to as the “Service Contractor”.
This Agreement does not cover any known or unknown pre-existing
conditions. It is understood that WE ARE
NOT A SERVICE CONTRACTOR and is not itself undertaking to repair or replace any
such systems or components. This Agreement covers single-family homes, new
construction homes, condominiums, townhomes, and mobile homes under 5,000
square feet, unless an alternative dwelling type (i.e. above 5,000 square feet
or multi-unit home) is applied, and appropriate fees are paid.
A. Become inoperable due to normal
wear and tear; and
B. Are in place and in proper working
order on the effective date of this Agreement; and
C. Are located inside the
confines of the main foundation of the home or attached or detached garage,
with the exception of the air conditioner, exterior pool/spa, septic system,
and well pump.
II. TERM
Coverage starts 30 days after acceptance of application by us
and receipt of applicable Agreement fees and continues for 365 days from that
date. We reserve the right to waive the
30-day grace period so long as you provide proof or prior coverage, showing no
lapse of coverage, from another home service provider. Waiving of the 30-day waiting period is at
the sole discretion of us.
III. REQUESTING
SERVICE
A. We must be notified as soon as the
malfunction is discovered and prior to expiration of the Agreement. You can request service by calling visiting LifeTimeHomeWarranty.com/claims We will accept service requests 24 hours a
day, 7 days a week. We will not provide
service until all past due Trade Service Call Fees and Plan Fees are made
current.
B. Upon request for service under
normal circumstances, we will contact an authorized Service Contractor within
24 hours after you request service. The authorized Service Contractor will
contact you to schedule a mutually convenient appointment during normal
business hours. We will determine what repairs constitute an emergency and will
make reasonable efforts to expedite emergency service. We will accept your request to expedite
scheduling of non-emergency service only when a Service Contractor is
available. If the Service Contractor
agrees to expedite scheduling of a non-emergency service request, you may be
required to pay an additional fee.
C. We have the sole and
absolute right to select the Service Contractor to perform the service. We will not reimburse for services performed
without its prior approval.
D. 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 Agreement, you have the right to request a second opinion of the cause of
the malfunction. You must ask us for a
second opinion from another Service Contractor within seven (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 Agreement. 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.
E. In the event we authorize or
request you to contact an independent service contractor to perform a covered
service, we will provide reimbursement for an authorized amount of the cost you
incur for the repair or replacement services.
Acceptable proof of the repair and your actual itemized costs must be provided
to and approved by us before any reimbursement will be paid. We are not responsible for expenses you incur
without our express consent. We will not
reimburse you for any costs associated with unauthorized repairs or work
performed by unauthorized contractors.
F. If service work performed under
this contract should fail, then we will make the necessary repairs without an
additional Trade Service Call Fee.
IV. TRADE
SERVICE CALL FEE
NOTE: The amount of your Trade Service Call Fee is listed on
your Agreement Coverage Summary.
A. You are required to pay a Trade
Service Call Fee for each trade service request you submit to us.
B. The Trade Service Call Fee applies
to each call dispatched and scheduled, including but not limited to those calls
where Coverage is approved or denied, included or excluded, covered or not
covered. The Trade Service Call Fee also
applies in the event you fail to be present at a scheduled time, or in the
event you cancel a service request at the time a Service Contractor is in route
to your home or at your home. Failure to
pay the Trade Service Call Fee will result in suspension or cancellation of
Agreement until such time as the proper Trade Service Call Fee is paid. At that time, the Agreement may be
reinstated; however, the contract period will not be extended.
C. If a particular repair or
replacement fails, we will send a Service Contractor to repair
the failure and you will not be charged an additional Trade Service Call Fee.
V. COVERAGE
Coverage is dependent on plan you selected. Please refer to your
Agreement Coverage Summary page.
Coverage is for no more than one (1) unit, system, or appliance, unless
additional fees are paid or specified otherwise. If no additional fees are paid, covered unit,
system, or appliance is at our sole discretion.
Certain limitations of liability apply to covered systems and
appliances.
A. Air Conditioning System
Note: Coverage available on Air Conditioning units up to a 5-ton
capacity, and for residential use only.
COVERED: Mechanical parts and components of two (2) ducted
electric central air conditioning systems. All components and parts for units
below 13 SEER and/or R-22 equipment, and when we are unable to facilitate
repair and/or replacement of failed covered equipment at the current SEER
rating or with R-22 equipment, repair and/or replacement will be performed with
13 SEER/R410A equipment and/or 7.7 HSPF or higher compliant,
B. Heating System
Note: Coverage available on units up to a 5-ton capacity, and
for residential use only.
COVERED: Mechanical parts and components of two (2) systems,
either hot water and steam heating system or centrally ducted forced air
gas/electric/oil heating system or electric baseboard units, if providing the
primary source of heat in dwelling, as follows: accessible ductwork from
covered heating unit to point of attachment to register/grill; blower fan
motors; burners; controls; fan blades; heat/cool thermostats (programmable and
electronic set back units will be replaced only with standard units); heating
elements; ignitor and pilot assemblies; internal system controls; wiring; and
relays; motors (excludes dampers); and switches. Electric baseboard units are
covered if they are the primary source of heating for the property.
C. Refrigerator
Note: Refrigerator must be located in the kitchen.
COVERED: All components and parts, including integral freezer
unit,
D. Clothes Washer
COVERED: All components and parts,
E. Clothes Dryer
COVERED: All components and parts,
F. Plumbing System and Stoppage
Note: Mainline stoppages are only covered if there is an
accessible ground level cleanout.
COVERED: Leaks and breaks of water, drain, gas, waste or vent
lines, except if caused by freezing or roots; toilet tanks, bowls and
mechanisms within the toilet tank (replaced with builder’s grade as necessary);
toilet wax ring seals; built-in bathtub whirlpool motor and pump assemblies;
stoppages and/or clogs in drain and sewer lines up to 100 feet from access
point. Repair and finish of any walls or ceilings where it is necessary to
break through to effect repair is only covered to the following extent: repair
of walls or ceilings to rough finish up to $1500 per claim. Rough finish is
defined to include hanging of drywall, patching of drywall, stucco, and lath.
Repair to rough finish does not include supplies or labor for paint, sanding,
wall texture, wallpaper and/or tile work.
G. Water Heater
COVERED: All components and parts for gas and/or electric hot
water heaters, including circulating pumps,
H. Whirlpool Bathtub
COVERED: Mechanical parts and components including accessible
electrical controls; accessible plumbing lines; air pumps; gaskets; and primary
circulation pump and motor.
I. Electrical System
COVERED: All components and parts,
J. Oven/Range/Stove/Cooktop
COVERED: All mechanical components and parts,
K. Built-In Microwave
COVERED: All mechanical components and parts,
L. Dishwasher
COVERED: All mechanical components and parts,
M. Garbage
Disposal
COVERED: All components and parts, including entire unit,
N. Trash Compactor
COVERED: All components and parts,
O. Ductwork
COVERED: Duct from heating and air conditioning unit to point of
attachment at registers or grills,
P. Garage Door Opener
Note: Coverage is for no more than one (1) unit, system, or
appliance, unless additional fees are paid. Coverage pertains strictly to belt
drive units, jack shaft units are excluded
COVERED: All components and parts,
Q. Ceiling and Exhaust Fans
Note: Coverage is for no more than two (2) units, systems, or
appliances, unless additional fees are paid. Builder's standard equipment is
used when replacement is necessary.
COVERED: Motors; switches; controls; bearings,
COVERED: By paying your service call fee a Terminix technician will inspect and treat the full exterior of your home and any accessible areas of the interior of the home as deemed necessary, in accordance with applicable pest control laws and regulations, as well as provide a free estimate.
VI. OPTIONAL COVERAGE
Optional Coverage requires additional payment per item, system,
or appliance. You may purchase any
Optional Coverage for up to 30 days after commencement of Coverage. However,
Coverage shall not commence until receipt of payment by us and such Coverage
shall expire upon expiration of Coverage period in section II.
A. Pool/Spa Equipment
Note: Shared equipment is covered. If equipment is not shared,
then only one or the other is covered unless an additional fee is paid.
COVERED: Above ground components and parts of the pumping, and
filtration system including pool sweep motor and pump; pump motor; blower motor
and timer; filter; filter timer; gaskets; timer; valves, limited to back flush,
actuator, check, and 2 and 3-way valves; relays and switches; above ground
plumbing pipes and wiring,
B. Limited Roof Leak
Note: Coverage applies to single family homes only.
COVERED: Repair of shake and composition roof leaks over the
occupied living area.
C. Central Vacuum
COVERED: All mechanical components and parts,
D. Sump Pump
COVERED: Mechanical parts and components of permanently
installed sump pump for groundwater, within the foundation of the home or
attached garage,
E. Well Pump
COVERED: All components and parts of well pump utilized as a
main source of water to the home,
F. Septic System
COVERED: Sewage ejector pump for septic system only; jet pump;
aerobic pump; tanks. Clearing of stoppages within the connecting waste line (leading
from the house to the primary septic tank) which are attributable to normal
wear and tear and can be accessed through an existing clean out without
excavation.
G. Septic Tank Pumping
COVERED: The septic tank will be pumped once during the
Agreement term if the stoppage is due to septic back up only. Coverage applies
to main line stoppages and/or clogs and must have existing access or clean out.
Coverage can only become effective if a septic certification was completed
within 90 days prior to the close of sale. We reserve the right to request a
copy of the certification prior to service dispatch.
H. Second Refrigerator
COVERED: All components and parts, including integral freezer
unit,
I. Stand Alone Freezer
COVERED: All components and parts,
J. Water Softener
COVERED: Mechanical parts and components of basic single water
softener unit, including central head assembly; multi-level/twin softeners;
piping to and from unit(s) and system tanks.
K. Refrigerator Ice Maker
COVERED: Mechanical components and parts related to the kitchen
refrigerator ice maker only,
L. Free Standing Ice Maker
COVERED: All mechanical components and parts,
M. GREENguard™
COVERED: If a covered system or appliance (limited to Clothes
Washer, Clothes Dryer, Refrigerator, and Dishwasher) fails per section I above
and subject to all other Agreement inclusions, exclusions and limitations, and
it cannot be repaired, we will replace the appliance with an ENERGY STAR
qualified product (subject to availability, exclusions and limitations), one
with similar and like features as existing appliance,
N. Lawn
Sprinkler System
Note: Coverage is for lawn sprinkler systems only.
COVERED: Timers; valves; stoppages,
VII. GENERAL LIMITATIONS OF LIABILITY
A. The following are not included
during the contract term; (i) malfunction or improper operation due to rust or
corrosion of all systems and appliances, (ii) collapsed ductwork, (iii) known
or unknown pre-existing conditions, deficiencies and/or defects.
B. We are not responsible for the
repair of any cosmetic defects or performance of routine maintenance.
C. You agree that we are not
liable for the negligence or other conduct of the Service Contractor, nor are
we an insurer of Service Contractor’s performance. 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. You agree that, in no event, will our liability
exceed $15,000 per contract item for access, diagnosis, repair and/or
replacement.
VIII. MULTIPLE
UNITS AND INVESTMENT PROPERTIES
A. If
the Agreement is for 2-family, 3-family, or 4-family dwelling, then every unit
within such dwelling must be covered by the Agreement with applicable Optional
Coverage for Coverage to apply to shared systems and appliances.
B. If this Agreement is for a unit
within a multiple unit of five (5) or more, then only items contained within
the confines of each individual unit are covered. Shared systems and appliances
are excluded.
C. Except as otherwise
provided in this section, shared systems and appliances are excluded.
IX. MEDIATION
In the event of a dispute over claims or Coverage you agree to
file a written informal claim with us and allow us twenty (20) calendar days to
respond to the claim. The parties agree to mediate in good faith before
resorting to mandatory arbitration. All written claims should be emailed to
LIFETIME HOME WARRANTY, LLC, Mediation Department, Support@LifeTimeHomeWarranty.com
.Except where prohibited, if a dispute arises from or relates to this Agreement
or its breach, and if the dispute cannot be settled through direct discussions
you agree that:
A. 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, and
exclusively by the American Arbitration Association under its Commercial
Mediation Rules. 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.
B. Any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred to a maximum of
$1000 per claim, but in no event attorneys' fees.
C. 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. 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 of Delaware, U.S.A. without giving effect to any choice of law or
conflict of law rules (whether of the State of Delaware or any other
jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Delaware.
D. Any claim must be brought
in the parties’ individual capacity, and not as a plaintiff or class member in
any purported class, collective, representative, multiple plaintiff, 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.
X. SEVERABILITY
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.
XI. RENEWALS
AND TRANSFER OF AGREEMENT
A. LHW may, in its sole discretion,
elect to renew this Agreement for a one year contract term, unless otherwise
approved by LHW . In the event we elect to renew your Agreement, you will be notified
of the terms within sixty (60) days prior to expiration of your Agreement.
Unless you notify LHW prior to expiration of your Agreement, your Agreement
will be automatically renewed and you will be charged applicable plan fees.
B. If you select the monthly payment
option and we elect to renew your Agreement, we will notify you of applicable
rate and terms of renewal during the tenth month of your Agreement. You will
automatically be renewed for a monthly coverage period unless you notify us in writing
thirty (30) days prior to the expiration of the Agreement. Your first payment
for the next contract term will be construed as authorization for
month-to-month charges.
C. If your covered property
is sold during the term of this Agreement, you must notify us of the change in
ownership and submit the name of the new owner in order to transfer Agreement
to the new owner.
D. You may transfer this
Agreement at any time. There is no fee
to transfer the Agreement.
XII. CANCELLATION
A. This Agreement may be cancelled by
LHW for the following reasons: (i) nonpayment of Agreement fees or other breach
of this Agreement by the customer; (ii) nonpayment of Trade Service Call Fee,
as stated in section IV; (iii) fraud or misrepresentation by the customer
and/or customer representative of facts material to LHW’s issuance of this
Agreement; or (iv) a change in laws or regulations that has a material effect
on the business of LHW or LHW’s ability to fulfill its obligations under this
Agreement.
B. You may cancel this Agreement
within the first thirty (30) days of the order date for a full refund of the
paid contract fees, less any service costs incurred by us.
C. XII.
CANCELLATION A. This Agreement may be cancelled by LHW for the following
reasons: (i) nonpayment of Agreement fees or other breach of this Agreement by
the customer; (ii) nonpayment of Trade Service Call Fee, as stated in section
IV; (iii) fraud or misrepresentation by the customer and/or customer
representative of facts material to LHW’s issuance of this Agreement; or (iv) a
change in laws or regulations that has a material effect on the business of LHW
or LHW’s ability to fulfill its obligations under this Agreement. B. You may
cancel this Agreement within the first thirty (30) days of the order date for a
full refund of the paid contract fees, less any service costs incurred by us.
C. Mutual agreement of us and you. If this Agreement is canceled after thirty
(30) days, you shall be entitled to a pro rata refund at the standard contract
fee rate for the unexpired term, less a $100 administrative fee and any service
costs incurred by us. At LHW's sole discretion a cancellation release form may
be requested and if so it will be mandatory to both complete this form and abide
by its terms. If we have provided services and the amount of the service costs
incurred by us is greater than the contract fees paid, then no refund will be
due to you. If a refund calculation results in You owing Us payment for
services provided, in states where permitted we may bill You for the greater of
the net amount due to Us or the unpaid annual term contract fee. We will bill
or you any balance owed to Us through the same mechanism as any previous
installment billings, or We will direct bill You if such a mechanism is not
available. All cancellation requests must be submitted in writing.