THE HOME SERVICE CLUB
HOME WARRANTY TERMS AND CONDITIONS
The Home Service Club
305 Broadway 7th Floor New York, NY 10007
Telephone: (800) 601-1009
www.hscwarranty.com
During the coverage period, Our sole responsibility will be to arrange for a qualified Service Provider to repair or Replace, at Our option and expense, items listed as “covered” and not for items listed as “excluded” in accordance with the terms and conditions of this Agreement. It is important to review this Agreement in its entirety. Capitalized terms, not otherwise defined, are defined in Section K.
This Residential Services Contract (“Agreement,” “plan” or “contract”) is marketed, administered, and issued by Home Service Club Warranty Corp (“HSC”) except Florida where this contract is issued by Home Warranty Administrator of Florida, Inc. and in Washington State where this contract is marketed, administered, and issued by Home Service Club of Washington Corp. Throughout this Agreement, the words you and your refer to the Contract Holder shown on the Coverage Summary Page. The words HSC and our refer to the Home Service Club Warranty Corp. This is a Residential Services Contract, not an insurance policy. During the coverage period, HSC will arrange for an HSC Authorized Service Contractor (“Service Contractor”) to repair or replace the systems and appliances stated as covered on your Contract Coverage Summary Page in accordance with the terms and conditions of this contract. This Agreement is intended to provide protection against the cost of repairing certain types of mechanical breakdowns of specific items in your home. Various provisions in this Agreement restrict coverage – please read the Agreement carefully to determine your rights, duties, and what is and is not covered.
Your Agreement coverage details, effective date, and expiration date are shown on your Contract Coverage Summary Page. Items listed under “optional” will be covered only if the designated additional funds have been paid and coverage is specified on the Contract Coverage Summary Page. Types of residential service contracts are:
Homeowner Direct Warranty: available to homeowners not immediately purchasing or selling their home (e.g., when the home is not listed for sale and/or it is more than thirty (30) business days after closing).
Renewal Contract: a renewal of a previously issued contract will have no lapse in coverage, provided required payment has been received by HSC prior to the expiration date of the previous contract. If payment is received after the expiration date of the previous contract, coverage will begin thirty (30) days after receipt of new payment. HSC may require an inspection of covered systems, appliances, and components during this thirty (30) day waiting period.
Types of coverage and Optional add-on coverage HSC offers:
Optional Coverage is available, provided the required additional payment has been received by HSC within the first thirty (30) days of purchase of a Homeowner Direct Warranty, or if purchased within the first thirty (30) days after the Renewal Contract effective date.
. For work to be performed under this contract, you must notify HSC as soon as the problem is discovered. HSC will accept service calls between 9 am to 7 pm eastern standard time or 24 hours a day 7 days a week online, excluding weekends and holidays. Upon receipt of your claim, HSC will issue a claim number, which will serve as a tracking number for your repair.
Notice of any service request must be submitted to HSC prior to expiration of this contract.
Upon request for service, HSC will use best efforts to contact a Service Contractor within twelve (12) hours during normal business hours and within forty-eight (48) hours on weekends, holidays, and the days HSC is closed. The Service Contractor will contact you to schedule a mutually-convenient appointment during normal business hours. HSC will determine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service. If you should request HSC to perform non-emergency service outside of normal business hours, you will be responsible for payment of additional fees, including overtime.
HSC has the right to select the Service Contractor, which may be a service company affiliated with HSC, to perform the service. HSC will not reimburse you for services performed without HSC’s prior authorization.
You will pay a Trade Service Call Fee for each trade service call (See Terms of Coverage, Section F.3.). Additional charges may apply to certain repairs and replacements. The Trade Service Call Fee is for each call dispatched and scheduled to be run (except as noted in Section C.6.) including, but not limited to, trade service calls wherein coverage is (in whole or in part) granted, excluded, limited or denied. Please note: the Trade Service Call Fee applies in the event you fail to be present at the scheduled time of the trade service call or in the event you cancel a call at the time the Service Contractor is en route to your home or the Service Contractor has already arrived at your home. The Trade Service Call Fee will be due and payable to the Service Contractor or HSC at the time of the scheduled trade service call. HSC will not respond to any new requests for service until any previous outstanding Trade Service Call Fees or any other outstanding balances are paid in full.
At the time the work begins and at appropriate time(s) thereafter, certain repairs and replacements may require you to allow a state or local building inspector access to your home. Failure to pay any required permit fee, or to allow the building inspector access to your home will result in suspension of coverage (for that specific repair or replacement) until such time as the permit fee is paid or access is granted (if applicable). At that time, coverage will be reinstated. However, the contract term will not be extended.
In the event work performed under this Agreement should fail during the recall period (ninety (90) days on parts and thirty (30) days on labor), HSC will arrange for the necessary repairs without requiring you to pay an additional Trade Service Call Fee, so long as this contract is still in effect at the time of the failure.
This Agreement provides coverage only for those items specifically listed as being covered on your Coverage Summary Page (which is attached and included as part of this Agreement) and excludes all other breakdowns and/or items. HSC agrees to repair or replace those specific items if they become inoperative during the term of this Agreement due to mechanical failure caused by NORMAL WEAR AND TEAR, and are subject to the terms and conditions of this Agreement.
This Agreement covers only mechanical failures relating to the mechanical parts and components of those domestic-grade items that were in the home and in proper and safe operating condition and permanently installed and located within the perimeter of the main foundation of the home on the Agreement effective date. “Mechanical failure” occurs when a covered item becomes inoperable and unable to perform its designated function, subject to the limitations and conditions set forth herein. Examples of not covered: conditions that existed prior to Agreement effective date; lack of routine care and maintenance; misuse; and rust and/or corrosion. “Domestic-grade” items are those that were manufactured and marketed solely for installation and use in a residential family dwelling. The covered item will be deemed to have been in “proper operating condition” on the Agreement effective date if it was correctly located within the home, was fully connected, was capable of successfully performing all operations commensurate with the manufacturer’s original design intention, and did not pose any hazard to life or property. Determination of the operating condition as of Agreement effective date, and the nature of any failure, will be made by HSC based upon our professional opinion, reflecting but not limited to, diagnosis made by our Authorized Service Contractors or trained direct employees. The items listed in Section D as “Examples of not covered” items are not meant to be all-inclusive and are provided for illustration purposes only. They do not limit our right to decline coverage for items not specifically mentioned and should not in any way be deemed an expansion of Covered Items.
COVERED: Heating systems including: forced air (gas, electric); geothermal; wall mounted heaters; floor furnaces; package units; mini-splits; hot water or steam circulating heat; room heaters; oil heating system (if main source of heat to the home); cable heat (if main source of heat to the home or room); metering devices (e.g. thermal expansion valves); furnace; furnace transition; evaporator coils; air handling unit; air handling transition; plenum; refrigerant (freon) subject to refrigerant (freon) limits (see Section H.9), and refrigerant lines; thermostats (all thermostats replaced only with standard units). Duct connections are covered only with HSC’s comprehensive coverage (see Section E.3). When HSC determines that upgrading a heating system is necessary, coverage includes indoor electrical lines up to and including the disconnect, including when required to maintain compatibility and compliance with equipment manufactured to be 13 SEER (Seasonal Energy Efficiency Ratio) and 7.7 HSPF (Heating Seasonal Performance Factor) compliant, or compliant with higher SEER or HSPF requirements.
NOT COVERED: Chimneys, flues, and liners; cleaning and re-lighting of burners; outside or underground piping; ductwork or piping where asbestos is present; concrete encased steam or radiant heating coils or lines; filters (including electronic/electrostatic and de-ionizing filter systems); electric baseboard heat, fireplaces, grain, pellet, or wood heating units (even if only source of heating) and key valves; built-in heat lamps; well pump, and well pump components for geothermal and/or water source heat pump; geothermal piping; free-standing or portable heating units; fuel storage tanks, lines, and filters; roof jacks or stands; gas log systems, including gas feed lines; humidifiers; individual space heaters; maintenance and cleaning; panels and/or cabinetry; radiant heating systems built into walls, floors or ceilings; pressure regulators; registers/grills; secondary units; solar heating devices and components; crane charges; legally mandated diagnostic testing when replacing heating or cooling equipment; stopped up drain lines; noise; and structural components are not covered.
LIMITS: HSC will pay up to $2,000 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of Heating Systems and Air Conditioning Systems combined, including returning access openings to a rough finish. Coverage is only available on Heating Systems and Air Conditioning Systems not exceeding a five (5) ton capacity and designed for residential applications.
COVERED: Air conditioning systems including: Ducted central electric split and package units; geothermal; mini-splits; swamp coolers; wall air conditioners (if the primary cooling system in the home is comprised of wall air conditioners, up to three (3) wall air conditioner units will be covered). Mechanical parts and components including: Air handler; blower fan motors; capacitors; compressors; condenser fan motors; condenser coils; condensers; evaporator coils; fan blades; refrigerant (freon) subject to refrigerant (freon) limits (see Section H.9); (freon) gas lines interior to the unit; internal system controls; internal wiring; motors (excludes dampers); refrigerant filter dryer; refrigerant piping (excluding inter-connecting line sets); relays; thermostats (all thermostats replaced only with standard units); reversing valves; and switches and controls.
NOT COVERED: Humidifiers and electronic air cleaners; condensate drain pans, pumps, and lines; filters (including electronic/electrostatic and deionizing filter systems); heat recovery unit; interconnecting refrigerant (freon) gas lines/line sets (external of the equipment); panels and/or cabinetry; roof jacks or stands; asbestos insulated piping; outside or underground piping; recapture/reclaim/disposal of refrigerant (freon); stopped up drain lines; structural components; geothermal piping; humidifiers; zone control systems, or custom control systems; flues and vents; well pumps; well pump components for geothermal and/or water source heat pump; water pumps and lines (external of the condenser unit); remote controls; wall units (except as noted above); crane charges; legally mandated diagnostic testing when replacing heating or cooling equipment; window units; mismatched systems; water cooling towers; noise; general maintenance and cleaning; gas systems, including ammonia systems; and chillers, chiller components, water lines, chilled water systems are not covered.
LIMITS: HSC will pay up to $2,000 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of Heating Systems and Air Conditioning Systems combined, including returning access openings to a rough finish. Coverage is only available on Air Conditioning Systems not exceeding a five (5) ton capacity and designed for residential applications.
COVERED: Leaks or breaks in ductwork (sheet metal, duct board, and flex duct including vapor barrier) from heating and/or air conditioning unit(s) including registers or grills; dampers; damper-only controls; plenums.
NOT COVERED: Insulation; collapsed or crushed ductwork; ductwork where asbestos is present; ductwork damaged by moisture; water damage; damage caused by pests and/or animals; pests and/or animals; noise; underground ductwork; ductwork accessible only through a concrete floor, wall or ceiling; improperly sized ductwork; ductwork outside the perimeter of the home or in a crawl space; diagnostic testing of, or locating leaks to ductwork, including, without limitation, as required by any federal, state or local law, regulation, or ordinance; or when required due to the installation or replacement of system equipment. When covered repairs require access to ductwork, HSC will only provide access to, and sealing of ductwork through unobstructed walls, ceilings or floors, and will return access openings to a rough finish. Obstructions include, without limitation, built-in appliances, systems, cabinets, and floor coverings, general maintenance and cleaning.
LIMITS: HSC will pay up to $600 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of Ductwork.
COVERED: Mechanical parts and components of the following: interior hose bibs; angle stops; risers; p-trap; shower and tub valves; gate valves; waste and stop valves; faucets and fixtures (replaced with chrome builder’s standard); toilet tanks and bowls and related mechanisms (replaced with two-piece white builder’s standard); wax ring seals; toilet mechanisms within the toilet tank; HSC will cover up to three (3) toilets. HSC will cover up to 2 interior hose bibs and p-traps.
NOT COVERED: All piping and plumbing outside of the perimeter of the foundation or below the lowest floor of the home (under the foundation or in a crawl space); breaks in/collapse of water, waste, drain, or vent lines; any damage caused by freezing or roots; faucets and fixtures if damage is due to calcification; bathtubs and showers; shower enclosures and base pans; showerheads; shower arms; sinks; toilet lids and seats; caulking or grouting; color or purity of the water in the system; noise; water softeners; pressure regulators; inadequate or excessive water pressure; flow restrictions in fresh water lines caused by scale, rust, minerals and other deposits or any pre-existing condition; corrosion or chemical deposits; exterior hose bibs; polybutylene plumbing; water supply lines to the refrigerator; holding, storage and pressure tanks; pressure regulating devices; laundry tubs; bidets; jet plumbing; indoor/outdoor sprinkler systems; booster pumps; conditions of electrolysis; repair and finish of any walls, floors or ceilings where it is necessary to break through to effect repairs or diagnosis; septic tanks and systems in or outside of the home; sewage ejector pumps; sewer and water laterals; wells and well pumps; solar systems; water conditioning equipment; main shut off valve; water damage; water filters; water purification systems; whirlpool bathtub, spas, saunas or steam rooms and their respective plumbing and mechanical components are not covered.
LIMITS: HSC will pay up to $750 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered plumbing system. HSC is not responsible for trim, texture, paint, wallpaper, tile, carpet, or the like.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Basins and any costs associated with locating or gaining access to, or closing access from the re-circulating hot water pump.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered re-circulating hot water pump. Coverage is limited to one (1) re-circulating hot water pump per contract.
COVERED: Repair of leaks and breaks in gas lines within the perimeter of the main foundation of the home, except:
NOT COVERED: All piping outside the perimeter of the foundation or below the lowest floor of the home (not limited to but including under the foundation of the home or within a crawl space); collapse of gas lines; damage caused by a foreign object.
Note: In the event of a gas leak in your house YOU MUST call your designated emergency response from your local gas company or local authorities. They will shut off the gas in your home and mark off the spot of the leak. Once that is completed, you can call HSC and request service for a gas leak.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered gas leaks. HSC is not responsible for trim, texture, paint, wallpaper, tile, carpet, or the like or any subsequent damage caused by a gas leaks.
COVERED: Repair of leaks and breaks in water lines, toilet flanges, waste lines, drain lines, or vent lines within the perimeter of the main foundation of the home except:
NOT COVERED: All piping and plumbing outside of the perimeter of the foundation or below the lowest floor of the home (under the foundation or in a crawl space); water supply lines to the refrigerator; any damage caused by freezing, roots, or a foreign object; collapse of water, waste, drain, or vent lines; polybutylene plumbing; improper installation or repair or unworkmanlike plumbing; repair and finish of any walls, floors or ceilings where it isnecessary to break through to effect repairs or diagnosis.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered water leaks. HSC is not responsible for trim, texture, paint, wallpaper, tile, carpet, or the like or any subsequent damage caused by a water leak.
COVERED: Permanently installed sump pump for ground water only except:
NOT COVERED: Sewage ejector pump; back-up power assemblies; any unit located outside the perimeter of the foundation, or below the lowest floor of the home (not limited to but includes under the foundation of the home or within a crawl space).
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered sump pump, including returning access openings to a rough finish. HSC is not responsible for trim, texture, paint, wallpaper, tile, carpet, or the like.
COVERED: Mechanical parts and components for one primary water heater, including circulatory pumps and domestic hot-water coils attached to boilers, but excluding solar and heat recovery units; water leaks (see Section F.5); 80-gallon maximum capacity for both gas and electric water heaters; tankless, direct vents and power vents that malfunction due to normal wear and tear.
NOT COVERED: Oil-fired water heaters, anode rods (these could be considered consumable as they typically last approximately 5 years; if they fail and are not replaced, it will cause the tank to rust at a much faster rate); color or purity of water; noise; heat recovery units; stands; permits; code upgrades; flue repairs; piping; gas stop; T&P discharge line; insulation; sediment build-up; and solar heaters, including all parts and components; water heaters exceeding 80-gallon maximum capacity; Ancillary holding or storage tanks; fuel storage tank; energy conservation unit; thermal and all expansion tanks.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered water heater, including returning access openings to a rough finish.
COVERED: Mechanical parts or components as follows: general line voltage wiring (repair only); components and parts within the perimeter of the exterior walls consisting of main breaker fuse panel/box; lighting fixtures(replaced with builder’s standard); standard light switches and receptacles.
NOT COVERED: Alarm systems; burglar, fire and smoke alarms; batteries; direct current (DC) wiring and systems; door bells and chimes; exterior wiring and components (except main panels mounted to exterior wall); exhaust fans; light bulbs; permits and code upgrades; chandelier; load control devices; low voltage systems including wiring and relays; electrical generation systems; face plates; telephone systems; audio/video/computer/intercom wiring or cable; timers; touch pad assemblies; remote controls; circuit overload; garage door openers; utility meter base pans. Failures and conditions caused by inadequate wiring capacity, circuit overload, power failure/shortage or surge, and corrosion caused by moisture are not covered.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered electrical systems.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear (replaced with builder’s standard), except:
NOT COVERED: Exhaust fans used for radon; heating or lighting components are not covered.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered whole house, exhaust & attic fans, including returning access openings to a rough finish.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear (replaced with builder’s standard), except:
NOT COVERED: Light kits and remote transmitters; attic, bathroom, and/or whole house exhaust fans; light bulbs; noise; remote controls; wall fans; removable accessories are not covered.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of ceiling fans, including returning access openings to a rough finish.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear of a single primary unit as follows: motor and drive train except:
NOT COVERED: Accessories or hoses; removable attachments; clogged pipes; and maintenance related breakdowns. HSC is not responsible for the cost of gaining access to, or closing access from the floor or walls either to locate the cause of malfunction or to affect repair or replacement.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for diagnosis, repair, or replacement of a central vacuum system, including returning access openings to a rough finish.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Interior linings/walls; door glass; latch assemblies; shelves; portable or counter top units; door hinges, locks; vent and all hoods; trim kits and built in kits; springs: gasket; seal; noise; meat probe assemblies; rotisseries; clocks; removable accessories.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a microwave oven built-in.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Racks; baskets; rollers; door hinges/locks; springs; gasket; soap dispensers; noise; seal; removable accessories.
LIMITS: HSC will pay up to $600 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered dishwasher.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Cosmetic or physical damage; removable accessories.
LIMITS: HSC will pay up to $300 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered Instant hot cold water dispenser.
COVERED: You’re covered for the repair or replacement of components and parts of a single primary refrigerator that malfunctions due to normal wear and tear, except:
NOT COVERED: Racks; shelves; drawers; ice makers, ice crushers, beverage/water dispensers, and their respective equipment and water lines; interior thermal shells; door hinges: springs: gasket; seal; noise; food spoilage; light bulbs; free standing freezer; freezers which are not an integral part of the refrigerator; removable accessories; wine coolers/chillers; multi-media center; non functioning parts; latch assemblies; cosmetic damage.
LIMITS: HSC will pay up to $750 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered refrigerator. Refrigerator must be located within the kitchen. Additional coverage must be purchased for Refrigerator Built-In Units with Dual Compressors (Sub-Zero type). See Optional Coverage (Section E.36).
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Clocks (unless they affect the function of the oven); meat probe assemblies; rotisseries; racks; door hinges: springs: gasket; seal; vent and all hoods; handles; knobs; dials; interior lining; noise; sensi-heat burners; light sockets; light bulbs; indoor barbecue; removable accessories are not covered.
LIMITS: HSC will pay up to $750 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of the ovens ranges cook-tops combined.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Removable accessories, unclogging, and jammed garbage disposals are not covered.
LIMITS: HSC will pay up to $350 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered garbage disposal.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Lock and key assemblies; removable buckets; removable accessories are not covered.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered trash compactor.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Removable accessories.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered food centers built-in.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Plastic mini-tubs; soap dispensers; filter screens; noise; knobs and dials; odors; damage to clothing; latch assemblies; warping; drawers; touch pads.
LIMITS: HSC will pay up to $800 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of the clothes washer and clothes dryer combined.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Venting; lint screens; knobs and dials; dryer cabinet; fragrance/humidity center; hangers, shelves, rods, hooks, and cabinet liner; touch pads; damage to clothing; racks; warping; noise; latch assemblies; odors; drawers are not covered.
LIMITS: HSC will pay up to $800 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of the clothes washer and clothes dryer combined.
COVERED: Roaches; ants (except Fire, Pharaoh, and Carpenter varieties); Silverfish; Black Widow spiders; earwigs; Brown Recluse spiders; millipedes; mice; crickets; ground beetles; centipedes; pill bugs; sow bugs; Clover Mites.
NOT COVERED: Termites; fungus; mold; wood-boring beetles; rats; any pests not specifically listed above as covered are not covered.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for pest control coverage.
COVERED: You’re covered for the mechanical parts and components of a single primary mechanical screw, belt or chain driven unit as follows: motor; wiring; receiver board; relays; switches and sensors; and drive trains.
NOT COVERED: Garage Doors; batteries; damage caused by door malfunctions; remotes; light bulbs; all door assemblies including door panels, tracks, rollers, hinges, cables and springs; guides; noise; frequency interference; lights; sending units; exterior mounted keypads; and transmitters.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of the garage door opener.
COVERED: Burglar alarm wiring used for residential alarm service located within the perimeter of the main foundation of the home.
NOT COVERED: Plugs; lights; transformers or any other power units; cover plates, alarm units; motion detectors; glass breakers; door and window contacts; alarm circuits; fuses; wiring which is the property of the alarm company
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered alarm wiring.
COVERED: Burglar alarm wiring used for residential alarm service located within the perimeter of the main foundation of the home.
NOT COVERED: Plugs; lights; transformers or any other power units; cover plates, alarm units; motion detectors; glass breakers; door and window contacts; alarm circuits; fuses; wiring which is the property of the alarm company.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered alarm wiring.
COVERED: You’re covered for the repair or replacement of battery operated and hardwired smoke detector components and parts that malfunction due to normal wear and tear.
NOT COVERED: Batteries
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered smoke detectors.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Batteries; intercom systems.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered doorbells.
COVERED: Mechanical parts and components of one whirlpool motor and pump assemblies as follows: accessible electrical controls; accessible plumbing lines; drains; gaskets; and primary circulation pump and motor.
NOT COVERED: Bathtub shell; caulking and grout; failures due to dry operation of equipment; gaining access to piping, electrical and component parts; tiles and marble; and tub enclosure.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered whirlpool motor and pump assemblies. HSC is not responsible for trim, texture, paint, wallpaper, tile, carpet, or the like
COVERED: Clearing of sink, bathtub, shower, and toilet stoppages; clearing of mainline drain and sewer stoppages up to 100 feet (standard sewer cable) from access point; mainline stoppages are only cleared when an accessible cleanout (without excavation) is either available or can be installed (installation is not covered); Clearing of lateral drain line stoppages up to 100 feet from access point including, but not limited to, accessible cleanout, p-trap, drain or overflow access points, and removing a toilet for a toilet stoppage only
NOT COVERED: Costs to locate or access cleanouts not found or inaccessible, or costs associated with installing cleanouts; stoppages caused by collapsed, damaged, frozen, or broken drain, vent, or sewer lines, inside or outside of the home’s main foundation; stoppages due to roots or foreign objects; lines broken or infiltrated by roots, or otherwise stopped by roots, even if within the home’s main foundation; access through roof vents; septic tanks are not covered.
LIMITS: HSC will pay up to $500 per covered property per each twelve month period from the effective date of the initial contract for plumbing stoppage coverage. Coverage is limited to one clearing per cause of stoppage.
COVERED: Mechanical parts and components of one freestanding icemaker as follows: Belts; compressor; condensers; control timers; defrost heaters; electronic components; evaporators; fan motors; hoses; internal wiring; motors; power cords; pumps; pulleys; ram assembly; switches and relays; solid state control boards; thermostats; water valves.
NOT COVERED: Any and all commercial units or commercial grade units. Parts or components that are not specifically listed as covered including but not limited to latch assemblies; hinges; noise; touch pads.
LIMITS: HSC will pay up to $400 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered freestanding icemaker, including returning access openings to a rough finish. HSC is not responsible for trim, texture, paint, wallpaper, tile, carpet, or the like.
COVERED: Repair or replacement necessary to remedy a leak, break, tear, or rupture which occurs as a result of normal wear and tear in your Sprinkler System / Home Irrigation System. Coverage for Sprinkler System / Home Irrigation System is defined as an underground (subsurface) water line irrigation system buried at a depth of twelve (12) inches or less, which supplies water from your home and delivers water to the sprinkler heads attached to the sprinkler / home irrigation lines.
NOT COVERED: Failure caused by: not winterizing; backflow preventers; insurable events; lines that are not leaking; lines connected to a well; negligence; vandalism; excavations; defects or insufficiencies resulting from decrease in water main static pressure; changes to landscaping; changes to plant growth; sprinkler heads; control systems; subsurface condition that obstructs the line; lines that run through or under a body of water, dwelling, structure, sidewalks, driveways; flaws in system design; failure caused by tree roots; upgrade or additions to any line; meters or movement of any meter; concrete encased lines; lines that are not connected and ready for use; lines that have a blockage or low pressure; fire sprinkler systems; failure caused by natural disaster; failure caused by you or a third party; lines not in good working order, without any leaks or failures, at the effective date of the home warranty; lines not located on land you own.
LIMITS: HSC will pay up to $750 per contract term for repair, or replacement of your Sprinkler System / Home Irrigation System. This Agreement does not cover landscaping or restoration of landscaping or replanting of trees, and will return all landscaping to a rough finish.
COVERED: Mechanical parts and components affecting the proper operation of one freestanding freezer, covered mechanical parts and components include only the following: belts; compressor; condensers; control timers; defrost heaters; electronic components; evaporators; fan motors; hoses; internal wiring; motors; power cords; pumps; pulleys; ram assembly; switches and relays; solid state control boards; thermostats.
NOT COVERED: Ice and beverage dispensers; buckets; commercial units; drawers; door seals; drip pans; filters and screens; food spoilage; ice maker; interior lining; internal shelves; knobs and handles; light bulbs and fixtures; latch assemblies; touch pads; water valves; lock and key assemblies; panels and/or cabinetry; racks; removable mini-tubs or buckets; noise; hinges; secondary units; shelves; springs; stopped-up drain lines; structural components; cosmetic problems, such as chipping, dents, or scratches; trays; venting; and water flow restrictions due to mineral deposits, such as, but not limited to, lime.
LIMITS: HSC will pay up to $550 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of one covered freestanding freezer.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear for one freestanding additional refrigerator except:
NOT COVERED: Racks; shelves; drawers; ice makers, ice crushers, beverage/water dispensers, and their respective equipment and water lines; interior thermal shells; door hinges: springs: gasket; seal; food spoilage; light bulbs; free standing freezer; freezers which are not an integral part of the refrigerator; removable accessories; wine coolers/chillers; noise; multi-media center; non functioning parts; latch assemblies; cosmetic damage.
LIMITS: HSC will pay up to $550 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered refrigerator. Additional coverage must be purchased for refrigerator built-in units with dual compressors (Sub-Zero type). See Optional Coverage (Section E.36).
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear, except:
NOT COVERED: Food spoilage; racks; shelves; drawers; interior thermal shells; noise; removable accessories; multi-media center.
LIMITS: HSC will pay up to $2,000 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of one covered refrigerator built-in unit with dual compressors.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear of a well pump utilized as the main source of water to the home, except:
NOT COVERED: Well pump and well pump components for geothermal and/or water source heat pump; holding or storage tanks; pressure tanks; failure attributed to well impurity; damage due to low water table; contamination or lack of water; above or underground piping, cable or electrical lines leading to or from the well pump, including those that are located within the well casing; well casings; pressure switches not located on the pump; holding, booster pumps; re-drilling of wells; joint wells; excavation or other charges necessary to gain access to remove and/or repair well pump system. Systems used partially or wholly for irrigation or agricultural purposes are not covered.
LIMITS: HSC will pay up to $1,000 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered well pump.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear. Covered mechanical parts and components include only the following: accessible electrical controls; accessible plumbing lines; air pumps; drains; gaskets; and primary circulation pump and motor.
NOT COVERED: Bathtub shell; caulking and grout; failures due to dry operation of equipment; gaining access to piping, electrical and component parts; tiles and marble; noise; and tub enclosure.
LIMITS: HSC will pay up to $650 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered jetted bathtub.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear of basic single and twin water softener units, including central head assembly; piping to and from unit(s) and system tanks.
NOT COVERED: Any and all treatment, purification, odor control, iron filtration components and systems; discharge drywells; failure due to excessive water pressure or freeze damage; noise; failures due to mineral and/or sediment; resin bed replacement; and salt are not covered.
LIMITS: HSC will pay up to $650 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered water softener.
COVERED: Leaks that occur in the roof of the structure covered by the Agreement, provided the leaks result from rain water penetrating the roof due to normal wear and deterioration of the building materials covering the roof.
NOT COVERED: Leaks that occur in a deck or balcony when that deck or balcony serves as the roof of the structure below; leaks in patio, porches, or detached garages; leaks that result from or that are caused by roof-mounted installations, including skylights; un-workmanlike construction or repairs; missing or broken shingles or tiles; holes made in roof, including but not limited to display of decorative lighting; foam roofs; structural collapse due to earthquake, rot, or improper design; leaks that result from or are caused by persons walking or standing on the roof; acts of G-d; leaks manifested prior to the effective date of this Agreement; structural leaks or leaks at, adjacent to, or caused by, including but not limited to appendages of any kind including gutters, downspouts, flashing, patio covers, solar equipment, vents, heating or cooling equipment, antennas, chimneys, built-up roofs. Failure to perform normal or preventative maintenance to the roof or gutters will not be covered. Under no circumstances will HSC be liable for consequential damages caused by leaks from a roof of a covered property.
LIMITS: HSC will pay up to $2,000 per each twelve month period from the effective date of the initial contract, or anniversary thereof, for the repair of specific roof leaks that are a result of rain and/or normal wear and tear provided the roof was in good, watertight condition at the start of contract. HSC will pay a maximum of $200 per incident. If replacement of the existing roof is necessary, in whole or in part, HSC’s liability is limited to one incident payment in lieu of the estimated cost of repair of the leaking area only, as if the repair of that area were possible.
Shared equipment is covered. If the equipment is not shared, then only one or the other is covered unless an additional fee is paid.
COVERED: Coverage applies to above ground, accessible, working components, pumping, and filtration system as follows: pump; motor; filter; filter timer; gaskets; blower; timer; valves, limited to back flush, actuator, check, 2-way and 3-way valves; relays and switches; pool sweep motor and pump; above ground plumbing pipes and wiring, excludes portable or above ground spas, and pools.
NOT COVERED: Excludes portable or above ground spas, and pools; automatic feeders and chemicals; chlorinators, and ionizers; “creepy crawlers” and similar cleaning units; electrical lines; filter elements or media (e.g., cartridges, grids and sand); heater; lighting; pop-up heads and turbo valves; secondary/auxiliary cleaning equipment and accessories including built-in or detachable cleaning equipment; auxiliary pumps; skimmers; liners; salt water generators and components; remote control systems; noise; pool sweeps; ornamental fountains, waterfalls and their pumping systems; lights; solar heaters and related components; freon reclamation; disposable filtration mediums; structural and/or cosmetic defects; fill line and fill valves; liner or shell of the pool; heat pump; underground water, gas, and electrical lines; dehumidifiers; timer systems; underground and/or concrete encased plumbing; pool cover and related equipment; damage due to lack of general maintenance or improper chemical balance; jets; electronic/computerized controls and/or control panels; fuel storage tanks; multi-media centers; and cost of access to make repairs or replacements are not covered.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered pool & spa.
COVERED: You’re covered for the repair or replacement of components and parts that malfunction due to normal wear and tear. Covered mechanical parts and components include only the following: above ground accessible plumbing lines leading to and from unit; air pumps; blower motor; filters (free-standing housing body, laterals, pressure gauges, back flush valves); gaskets; impellers; internal spa pack heater; internal switches; primary circulator pump and motor; relays; mechanical components and parts of gas, electric, oil, and heat pump units.
NOT COVERED: Automatic feeders and chemicals; chlorinators; “creepy crawlers” and similar cleaning units; electrical lines; filter elements or media (e.g., cartridges, grids and sand); lighting; pop-up heads and turbo valves; freon reclamation; secondary/auxiliary cleaning equipment and accessories including built-in or detachable cleaning equipment; skimmers; remote control systems; fountain and waterfall pumps; solar heaters and related components; structure, liner or shell of the pool; noise; timer systems; and underground and/or concrete encased plumbing.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of a covered spa and spa heater.
COVERED: All parts and components that affect operation, except:
NOT COVERED: Basins and any costs associated with locating or gaining access to, or closing access, from the sewage ejector pump.
LIMITS: HSC will pay up to $500 per each twelve month period from the effective date of the initial contract for access, diagnosis, repair, or replacement of covered sewage ejector pump, including returning access openings to a rough finish. Coverage is limited to one sewage ejector pump per contract.
This Coverage provides the service to repair or replace your Utility & Home Service Lines, a combined package of service which includes Sections E.44 Outside Water Line Coverage, E.45 Outside Power / Electric Line, E.46 Outside Sewer Line Coverage, E.47 Outside Gas Line Coverage, E.48 Grinder Pump System, E.49 Sprinkler System / Home Irrigation System Line Coverage covered under this optional coverage in compliance with all applicable provisions of this Agreement, provided you have this coverage added on to your home warranty and payment has been received by us.
COVERED: Repair or replacement necessary to remedy a leak, break, tear, or rupture which occurs as a result of normal wear and tear or inherent defects in material or craftsmanship in your Outside Water Line. Outside Water Line is defined as: water piping that connects from the dwelling to a public water supply system; a single water supply line from the curb box to the inlet valve of the meter located inside your home. If the meter is located outside your home, the Outside Water Line includes the water line from the outlet of the meter to the exterior of the foundation of your home.
NOT COVERED: Failures caused by insurable events; lines that are not leaking; supply line connected to a well; piping that runs through or under a body of water, including but not limited to a swimming pool, pond or lake; failure caused by tree roots; failures caused by freezing of pipes; piping that runs through or under the dwelling or other structure; upgrade to any line; meters or movement of any meter; concrete encased lines; piping that is not connected and ready for use; storm water drain piping; outside water line that has a blockage or low pressure; connections or extensions; any water lines not leading directly to the dwelling or branches off the main line.
LIMITS: HSC will pay up to $5,000 per each twelve month period from the effective date of the initial contract for access for repair or replacement of Utility & Home Service Line Coverage combined for E.44-49. HSC will pay a maximum of $2,000 per incident. Should the covered repair or replacement require Sidewalk Repair, then Utility & Home Service Line Coverage provides a separate Limit of up to $1,000 to apply solely to the Sidewalk Repair, and HSC will pay a maximum of $500 per incident for Sidewalk Repair. This Agreement does not cover landscaping or restoration of landscaping or replanting of trees, and will return all landscaping to a rough finish.
COVERED: Repair or replacement necessary to remedy a failure due to normal wear and tear or inherent defects in material or craftsmanship of your Outside Power / Electric Line. Service applies to, service of overhead/underground customer service electric lines and components that connect your home to the utility owned service lines; includes the weatherhead, conduit, meter base, service entrance cable and ground wire/rod.
NOT COVERED: Failures caused by insurable events; wiring lines that run through or under a body of water, including but not limited to a swimming pool, pond or lake; wiring lines that run under the dwelling or other structure; failure caused by tree roots; upgrade to any line; meters or movement of any meter; concrete encased lines; wiring lines that provide electricity to outdoor property, including but not limited to, light fixtures and electric fencing; wiring lines that branch off the main line; wiring that is not connected and ready for use.
LIMITS: HSC will pay up to $5,000 per each twelve month period from the effective date of the initial contract for access for repair or replacement of Utility & Home Service Line Coverage combined for E.44-49. HSC will pay a maximum of $2,000 per incident. Should the covered repair or replacement require Sidewalk Repair, then Utility & Home Service Line Coverage provides a separate Limit of up to $1,000 to apply solely to the Sidewalk Repair, and HSC will pay a maximum of $500 per incident for Sidewalk Repair. This Agreement does not cover landscaping or restoration of landscaping or replanting of trees, and will return all landscaping to a rough finish.
COVERED: Repair or replacement necessary to remedy a leak, break, tear, or rupture which occurs as a result of normal wear and tear or inherent defects in material or craftsmanship in your Outside Sewer Line. Outside Sewer Line is defined as a single sewage drain line located outside your home that collects and conveys raw sewage from individual house drains out to the utility or public-owned sewer main line or septic tank.
NOT COVERED: Failures caused by insurable events; lines that are not leaking; clean up or removal of pollutants, hazardous material, waste or sewage; piping that runs through or under a body of water, including but not limited to, a swimming pool, pond or lake; failure caused by tree roots; failures caused by freezing of pipes; piping that runs under the dwelling or other structure; storm water drain piping; upgrade to any line; meters or movement of any meter; concrete encased lines; lines that have a blockage or low pressure; connections or extensions; any piping that is not leading directly to the dwelling or any piping that branches off the main line.
LIMITS: HSC will pay up to $5,000 per each twelve month period from the effective date of the initial contract for access for repair or replacement of Utility & Home Service Line Coverage combined for E.44-49. HSC will pay a maximum of $2,000 per incident. Should the covered repair or replacement require Sidewalk Repair, then Utility & Home Service Line Coverage provides a separate Limit of up to $1,000 to apply solely to the Sidewalk Repair, and HSC will pay a maximum of $500 per incident for Sidewalk Repair. This Agreement does not cover landscaping or restoration of landscaping or replanting of trees, and will return all landscaping to a rough finish.
COVERED: Repair or replacement necessary to remedy a leak, break, tear, or rupture which occurs as a result of normal wear and tear or inherent defects in material or craftsmanship in your Outside Gas Line. Outside Gas Line is defined as a natural gas supply line from the curb box to the inlet valve of the meter located at the home; for meters located in the yard, coverage includes the natural gas line from the outlet of the meter to the exterior of the foundation of the home.
NOT COVERED: Failures caused by insurable events; meters or movement of any meter; concrete-encased lines; lines that are not leaking; failure caused by tree roots; piping that runs through or under a body of water, including but not limited to, a swimming pool, pond or lake; piping that runs under the dwelling or other structure; piping that is not connected and ready for use; upgrade to any line; lines that have a blockage or low pressure; connections or extensions; any gas lines not leading directly to the dwelling.
LIMITS: HSC will pay up to $5,000 per each twelve month period from the effective date of the initial contract for access for repair or replacement of Utility & Home Service Line Coverage combined for E.44-49. HSC will pay a maximum of $2,000 per incident. Should the covered repair or replacement require Sidewalk Repair, then Utility & Home Service Line Coverage provides a separate Limit of up to $1,000 to apply solely to the Sidewalk Repair, and HSC will pay a maximum of $500 per incident for Sidewalk Repair. This Agreement does not cover landscaping or restoration of landscaping or replanting of trees, and will return all landscaping to a rough finish.<
COVERED: Repair or replacement necessary to remedy a failure due to normal wear and tear of your Grinder Pump Station. Coverage applies to a standard, single residential Grinder Pump System that was installed by a licensed installer, and that collects and conveys raw sewage to the low pressure sewage line to the utility-owned valve pit and sewer main line. Low pressure sewage lines are only covered if you have a Grinder Pump Station connected and operating properly to manufacturer’s specification at the effective date of this home warranty.
NOT COVERED: Failures caused by insurable events; utility owned valve pit and sewer main line.
LIMITS: HSC will pay up to $5,000 per each twelve month period from the effective date of the initial contract for access for repair or replacement of Utility & Home Service Line Coverage combined for E.44-49. HSC will pay a maximum of $2,000 per incident. Should the covered repair or replacement require Sidewalk Repair, then Utility & Home Service Line Coverage provides a separate Limit of up to $1,000 to apply solely to the Sidewalk Repair, and HSC will pay a maximum of $500 per incident for Sidewalk Repair. This Agreement does not cover landscaping or restoration of landscaping or replanting of trees, and will return all landscaping to a rough finish.
COVERED: Repair or replacement necessary to remedy a leak, break, tear, or rupture which occurs as a result of normal wear and tear in your Sprinkler System / Home Irrigation System. Coverage for Sprinkler System / Home Irrigation System is defined as an underground (subsurface) water line irrigation system buried at a depth of twelve (12) inches or less, which supplies water from your home and delivers water to the sprinkler heads attached to the sprinkler / home irrigation lines.
NOT COVERED: Failure caused by: not winterizing; backflow preventers; insurable events; lines that are not leaking; lines connected to a well; negligence; vandalism; excavations; defects or insufficiencies resulting from decrease in water main static pressure; changes to landscaping; changes to plant growth; sprinkler heads; control systems; subsurface condition that obstructs the line; lines that run through or under a body of water, dwelling, structure, sidewalks, driveways; flaws in system design; failure caused by tree roots; upgrade or additions to any line; meters or movement of any meter; concrete-encased lines; lines that are not connected and ready for use; lines that have a blockage or low pressure; fire sprinkler systems; failure caused by natural disaster; failure caused by you or a third party; lines not in good working order, without any leaks or failures, at the effective date of the home warranty; lines not located on land you own.
LIMITS: HSC will pay up to $5,000 per each twelve month period from the effective date of the initial contract for access for repair or replacement of Utility & Home Service Line Coverage combined for E.44-49. HSC will pay a maximum of $500 per incident. Should the covered repair or replacement require Sidewalk Repair, then Utility & Home Service Line Coverage provides a separate Limit of up to $1,000 to apply solely to the Sidewalk Repair, and HSC will pay a maximum of $500 per incident for Sidewalk Repair. This Agreement does not cover landscaping or restoration of landscaping or replanting of trees, and will return all landscaping to a rough finish.
General Terms UTILITY & HOME SERVICE LINE COVERAGE PACKAGE: The contractor will ensure compliance with applicable building codes at the time of
repair. After the Protected Line or Protected System is repaired, the contractor will provide basic site cleanup to the affected area. Contractor will not restore the
affected area (i.e. landscaping).
Coverage is not eligible for: 1. Lines that were not installed by a licensed contractor according to the applicable building code(s). 2. Any section of E.44-49 that
you share with any third party. 3. Any lines not in use and in good working order without any leaks or failures at the effective date of the home warranty. 4.
Consequential or incidental damages, including, but not limited to, any damages necessary to reasonably access the repair area. 5. Work that cannot be
performed in a safe manner. 6. Asbestos coverings in any form. 7. Clogs due to corrosion. 8. Any obstruction inside of a line.
It is solely your responsibility to have or obtain any right-of-way needed by the contractor(s) to repair or replace any Protected Lines. Covered Utility & Home
Service Lines must be attached to your covered residence and located on land you own and you must be liable for the repair or replacement for coverage to be
applicable to a covered utility line.
When repair or replacement services covered by this Agreement are required, you must contact HSC’s customer service representatives either by making a claim online 24 hours a day at www.hscwarranty.com or by calling HSC at (800) 601-1009. HSC’s customer service representatives are available 9am to 5pm EST, closed on weekends and holidays. You must notify HSC immediately upon the discovery of a mechanical failure and while the contract is in effect. All repair and/or replacement work covered by this Agreement must be performed by an authorized contractor and approved by HSC in advance. Any and all unauthorized work, or work done without prior approval from HSC, will not be covered by this Agreement. Should the contract holder contract directly with others or do the work themselves, HSC will not be responsible for that cost. Any incurred cost or subsequent damage that may have occurred or have been caused by an unauthorized service contractor will be assumed by you.
HSC has sole authority to select authorized contractors. HSC will provide you with a referral to an authorized contractor. HSC will use best efforts to provide a referral to a service contractor within twelve (12) hours after the service request is received during normal business hours and within twenty-four to forty-eight (24 – 48) hours for requests received after normal business hours and on weekends or holidays. In situations where an authorized contractor is not available, HSC may authorize repairs done as “customer reimbursement”. This means the contract holder will pay for the approved repairs and submit the invoice to HSC for reimbursement of the covered repair cost. HSC does not provide overtime service. Repairs are scheduled during normal business hours. Should you agree to pay overtime charges, the company will pay the repair costs applicable to normal business hours, but the overtime labor charges are the responsibility of the contract holder. Any and all claim repairs must be authorized by an HSC claims agent prior to being made; only the amount authorized will be covered by HSC
This Agreement includes a “Trade Service Call Fee” listed on your Contract Coverage Summary Page that you must pay per repair or replacement. A repair is defined as the necessary work performed to correct a single covered failure for the equipment and components listed as covered on the Contract Coverage Summary Page. A service call includes, without limitation, the action of inspecting, diagnosing, and performing service for the repair or replacement of a malfunctioning item. You will be responsible for and shall pay the authorized contractor directly or HSC for the service call and for actual work performed and/or items installed, up to the amount of the Trade Service Call Fee at the time of the visit(s), in a manner acceptable to the authorized contractor or HSC. Any amounts due for services performed or parts installed that are not covered under the terms, conditions, provisions, and limitations of this Agreement are also your responsibility and shall be paid directly to the service contractor or HSC by you. If it is determined by HSC agents that the failure is not covered under this agreement, you are responsible for the reimbursement to the service provider for any trip, diagnostic, repair, or replacement charges. This would include any amount in excess of the Trade Service Call Fee. HSC will provide no additional service if a prior Trade Service Call Fee is unpaid. If the Trade Service Call Fee is not paid and a repair or replacement has been performed, you will be liable for all charges including: parts, labor, diagnostics, drive time, arrival fees, court and legal fees, collection costs, etc. for the repair or replacement.
. You agree to make premises available during normal business hours for the authorized contractor to affect needed repairs you requested. You agree to pay our authorized contractor any service charge and additional charges assessed by our authorized contractor resulting from your failure to provide access and/or for missed appointments. These charges may be in excess of the Trade Service Call Fee. HSC requires someone eighteen (18) years or older to provide access during normal business hours to affect repairs.
Water Heater (Section E.9): Water Heater leaks are subject to coverage only after thirty (30) days of continuous coverage
HSC reserves the exclusive right to make the decision between providing pre-approved reimbursement of itemized costs, or payment back in lieu of repair, or replacement of the covered system or appliance. The decision to provide pre-approved reimbursement of itemized costs or payment back in lieu of repair or replacement is solely our decision. The amount of such payment shall be equal to the approved cost of repair or the estimated cost of replacement (less the Trade Service Call Fee). This amount will be established by HSC at our sole discretion, based on what HSC would have spent on the repair or replacement of the item in question (which may be less than retail or at actual cost) the age of covered items applies when determining deprecation value for cash disbursements. Acceptable proof of your actual itemized documentation supporting that the item in question has been repaired or purchased and replaced must be presented to HSC prior to receiving reimbursement. HSC is not liable to match specific features, dimensions, color or brand name. Once HSC provides reimbursement, coverage for that item will be fulfilled for the remainder of the Agreement term. In cases where parts are not readily available, HSC’s obligation is limited to cash, in lieu of the repair or replacement, for the cost of the repair or the remainder of limits set forth in Section E for each prospective System and Appliance, whichever is the lower amount. Please note all pre-approved reimbursement of itemized costs or payment back in lieu of repair or replacement are subject to the limitations set forth in Section E for each prospective System and Appliance.
HSC is not responsible for payment of any costs in excess of the limitations set in section E for each prospective System and Appliance.
HSC reserves the right to replace a covered item rather than repair it. The decision to replace rather than repair items is solely our decision. Should HSC choose to replace an item, the replacement will be the base model that meets all applicable federally-mandated minimal manufacturers’ standards, will perform the same primary function, and will have a capacity comparable with the covered item, when available with domestically assembled units. With respect to appliances, HSC will make reasonable efforts to provide replacement items of similar mechanical capabilities and/or efficiency of the original unit, when available. HSC is not responsible for like-for-like replacement of appliances if the appliance contains any features that do not contribute to the appliance’s primary function including, without limitation, TVs or radios in refrigerators. HSC is not liable to provide exact match in dye, lot, type or brand. In the event HSC replaces a stainless steel appliance, HSC will match the product with a comparable stainless steel appliance, if available. When replacing systems or appliances, HSC will not be responsible for the installation of the replacement item or the cost of the construction, modifications, carpentry or transitional work made necessary in order to accommodate the replacement, nor for any costs to upgrade or modify items for any reason. Once a covered system has been replaced, that portion of coverage has been fulfilled for the remainder of the Agreement term. Please note all replacements are subject to the limitations set forth in Section E for each prospective System and Appliance.
HSC reserves the right and may require for homes that are sold within twelve months of purchase of an HSC residential services contract, a home inspection report prior to issuing service. For homes that are purchased through a “short sale” or “foreclosure” HSC reserves the right to require a home inspection report prior to issuing service.
HSC reserves the right to obtain, at our expense, a second opinion by an authorized service contractor prior to determining eligibility for coverage.
All replacements may either be new or factory refurbished and must carry a manufacturer’s warranty in order to qualify as a replacement under the terms of this agreement.
This is a service contract agreement for repair, replacement, or partial replacement of the systems and appliances listed in Section E that are deemed manufactured or sold by the manufacturer and are stated as covered on your Contract Coverage Summary Page. This is not a contract of insurance.
You may cancel this contract within the first thirty (30) days following the date you ordered the initial contract (the “First 30 Days”) for any reason and shall be entitled to a refund of the paid contract fees less any service (claims) costs that were incurred by HSC and an administrative fee of up to $45 (where permitted by law).
After the First 30 Days and within one (1) year of the effective date of the initial contract, if you request to cancel or refuse to renew the contract you shall be entitled to a pro rata refund of the paid contract fees for the unexpired term of your contract, less: (a) an administrative fee of up to $45 (where permitted by law); and (b) any service (claims) costs that were incurred by HSC. If the cost of services incurred by HSC is greater than the fees you have paid at the time of cancelation, then you shall pay HSC the lesser of either (x) the amount by which the service costs exceed the fees you have paid, or (y) the amount by which twelve times your monthly fee exceeds the fees you have paid.
After the First 30 Days and more than one (1) year after the effective date of the initial contract, if you request to cancel or refuse to renew the contract you shall be entitled to a pro rata refund of the paid contract fees for the unexpired term, less: (a) an administrative fee of up to $45 (where permitted by law); and (b) any service (claims) costs that were incurred by HSC. If HSC has provided services during that subsequent year and the cost of the services incurred by HSC during that subsequent year is greater than the fees you have paid during that subsequent year, then you shall pay HSC the lesser of either (x) the amount by which the service costs exceed the fees you have paid during that subsequent year, or (y) the amount by which twelve times your monthly fee exceeds the fees you have paid during that subsequent year. Each subsequent year shall be measured twelve (12) months from the anniversary of the effective date of the initial contract.
In determining the amount of any pro rata refund that may be due you under Section G.2.II. or Section G.2.III., if you purchased and paid in full for an agreed number of consecutive months of coverage (e.g., twelve, twenty-four or thirty-six months) based on a promotional rate rather than the Standard Contract Rate indicated on your Contract Coverage Summary Page, the refund will be based on the Standard Contract Rate for the period during which you were covered. For example, if you pay in full up-front for twelve months of coverage for a promotional rate of $499 and the Standard Contract Rate is $599 for twelve months of coverage, if you cancel your contract three months after inception of your initial contract, your refund would be equal to $374.25 (representing the fees for the unused nine months of coverage), less $25 (the difference between what you would have owed at the Standard Contract Rate ($149.75) and what you paid at the promotional rate ($124.75) for the three months of coverage you received), subject to any adjustment for any amount you owe under Section G.2.II. or Section G.2.III.
This contract may be cancelled by HSC and/or HSC can refuse to renew the contract at any time for the following reasons: (a) nonpayment of contract fees or charges; (b) mutual agreement of HSC and you; or (c) fraud or misrepresentation by you and/or your representative of facts material to HSC’s issuance of this contract. If you and/or your representative either threatens to harm or actually harms the safety or well-being of: (i) HSC; (ii) any employee of HSC; (iii) a Service Contractor; or (iv) any property of HSC or of the Service Contractor, you will be in breach of this contract, and HSC may refuse to provide service to you and may cancel this contract. Following the expiration of the initial term for which this contract is issued, HSC may cancel this contract if there is a change in laws or regulations that has a material effect on the business of HSC or HSC’s ability to fulfill its obligations under this contract. If HSC cancels this contract for any of the reasons listed herein other than your nonpayment, you shall be entitled to a pro rata refund of the paid contract fees for the unexpired term, less: (a) an administrative fee of up to $45 (where permitted by law); and (b) any service (and claims) costs that were incurred by HSC.
If the contract fees are billed through a mortgage loan that is later sold or paid in full, then uninterrupted coverage can be arranged by immediately calling (800) 601-1009 to establish an alternate payment method. This Agreement will be deemed cancelled if the Contract Holder fails to initiate such payment arrangements within thirty (30) days.
This Agreement covers a single family residence (under 5,000 square feet), including a condominium, townhouse or villa, or a multi-family property of two (2) to four (4) units (duplex, triplex, or fourplex) used solely for residential purposes. An appropriate fee for each type of property must be paid for coverage to be valid. Any dwelling used in whole or in part for commercial purposes such as, but not limited to, a day care facility, group home (5 or more unrelated individuals cohabiting in same household), rest home, church or school will not be covered. Homes listed in any historical register are not covered. Whether or not this contract covers a condominium unit, mobile home, manufactured home, or any multifamily dwelling (e.g., duplex, triplex, or fourplex), any repairs and/or replacements will be limited to the items solely used by and located and serviceable within such single unit (unless specified otherwise). No common area items or items shared by non-warranted units will be covered by this Agreement. Single-family residences over 5,000 square feet require an additional square footage plan and fee.
Mobile homes are eligible for coverage, provided they are permanently secured to the ground and the land they are located on is owned by you. Mobile/manufactured homes that are located in a division operated similar to a condominium, where maintenance is provided, are also eligible for coverage.
This Agreement provides coverage for the mechanical failure of only those items listed as covered on your Contract Coverage Summary Page.
This Agreement does not cover system replacements necessitated due to missing or illegible model and/or serial numbers. In such situations HSC will issue a payment equal to the industry standard for the required repairs or the replacement value of the unit’s current worth as though it were in operating condition.
This Agreement does not cover failures which may result from other causes, such as without limitation: abuse or misuse; improper installation; improper or insufficient maintenance; failure to clean; neglect; impact damage; physical damage; lightning strikes; missing parts; animal, pet and/or pest damage; casualty; acts of G-d; structural and/or property damage; structural changes; flood; smoke; earthquake; freeze damage; fire; electrical failure or surge; water damage; mud, soil movement, storms, accidents, or failure due to excessive or inadequate water pressure; accidents; war; nuclear explosion; acts of terror; reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property
HSC is not responsible or liable for repairs related to inadequacy, lack of capacity, misuse, improper installation, previous repair or design, manufacturer’s defect, and any modification to the system or appliance. HSC does not perform routine maintenance. You are responsible for performing and providing routine maintenance and cleaning on covered items as specified by the manufacturer to ensure continued coverage on such items. For example: heating and air conditioning systems require periodic cleaning and/or replacement of filters and cleaning of evaporator and condenser coils. Water heaters require periodic flushing.
HSC is not responsible or liable for repair of conditions or replacement caused by chemical or sedimentary build up.
Items are not covered if they are: illegal or in violation of applicable laws and/or regulations; mismatched (including but not limited to: systems with incompatible components with different capacity ratings; and/or different brands); modified from the original manufacturer design or application; under factory recall due to manufacturer defect or class action lawsuit; improperly installed; or located outside the perimeter of the main foundation (e.g., outside the outer load bearing walls of the structure) or below the slab, basement floor, crawl space, or the lowest floor of the home (except where noted above).
This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations (such as 13 SEER federal mandate effective January 23, 2006). If a system, appliance, or component is determined to be undersized or overloaded, or inadequate, repair or replacement of the malfunctioning system, appliance, or component is not covered by this contract.
HSC is responsible when repairing or replacing covered systems to maintain compatibility with equipment manufactured to be 13 SEER or 7.7 HSPF compliant, or compliant with any higher SEER or HSPF requirements. HSC is not responsible or liable for components, parts or equipment required due to: (a) the incompatibility of the existing equipment with the replacement system or appliance or component or any part thereof; or (b) any new type of chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments. HSC is not responsible or liable for the cost of construction, carpentry, or other modifications made necessary by the existing equipment or installing different equipment.
This Agreement covers refrigerant (freon); HSC will pay up to $15 per pound per occurrence for refrigerant. Customer is responsible for payment of any costs in excess of $15 per pound.
This Agreement does not cover: fees associated with the removal and disposal of old systems, appliances and components; or losses or other costs, including, but not limited to, disposal fees arising from hazardous or toxic material, asbestos, refrigerant or freon reclamation, costs associated with any upgrades; systems and appliances that were not present and/or not properly installed and/or connected in the home at time of service will not be subject to coverage; or modifications to comply with federal, state, local law, code, regulation, or ordinance and any building or zoning permits that are deemed necessary.
HSC is not under any circumstances liable for the diagnosis, repair, removal or remediation of mold, mildew, termite damage, bio-organic growth, rot or fungus, or any damages resulting from or related to mold, mildew, rot or fungus, even when caused by or related to the malfunction, repair or replacement of a covered system or appliance.
HSC reserves the right to rebuild a part or component, or replace with a rebuilt part or component.
This Agreement does not cover repair or replacement of systems, appliances or components classified by the manufacturer as commercial-grade.
HSC will not contract to perform service nor pay costs involving hazardous or toxic materials including, but not limited to, asbestos, mold, lead paint, and sanitation of sewage spills.
This Agreement does not cover (a) fees associated with use of cranes or other lifting equipment required to service roof-top heating or air conditioning units; or (b) excavation or other charges associated with gaining access to the well pump; or (c) electronic computerized energy management systems or devices, or lighting and/or appliance management systems.
HSC is not responsible for electronic or computerized home management systems including, but not limited to, energy, lighting, security, appliances, entertainment, comfort or audio systems.
HSC is not liable for charges incurred to gain access to a system, appliance or component in situations where there is inadequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, permanently installed fixtures, cabinets, personal property, counter tops, tiling, paint, or the like. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, HSC is not responsible for restoring such openings, items, or property. HSC is not responsible for the repair of any cosmetic defects. HSC is also not responsible for reconfiguring space to accommodate replacement equipment when equipment of identical dimensions is not readily available.
HSC is not responsible for additional fees the contractor may charge related to additional manpower or additional equipment (e.g. a crane) required to repair or replace a system, appliance, or component on a roof, in an attic, or in any other area not readily accessible.
HSC is not responsible or liable for delays or failure caused by, or related to: any of the exclusions listed herein; shortages of labor and/or materials and parts; delays in shipping or delivery of parts; or any other cause beyond our reasonable control. HSC is not liable for additional charges to access or transport materials, supplies, or authorized contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to required use of ferries or barges and/or remote locations.
HSC is not responsible for damage that results from an authorized contractor’s service, delay in service or neglect in providing services. HSC is not responsible for incidental and/or consequential loss or damages resulting from the mechanical failure of any item including, without limitation, food spoilage, loss of income, utility bills, additional living expenses, personal and/or property damage. In no event shall HSC or any associates of HSC be held liable for any personal injury, death or extraneous damages directly or indirectly caused by any item covered by this Agreement.
Should any item covered by this Agreement be covered by insurance, warranties or guarantees, including but not limited to a manufacturer’s, contractor’s, builder’s, distributor’s, or in-home warranty, HSC is not liable for repairs or replacements covered by such insurance, warranties, or guarantees. If a claim covered by this Agreement is also covered by an insurance policy, warranty, other service contract, or manufacturer’s recall, HSC shall pay only for the amount of the cost to repair or replace such covered system, appliance, or component in excess of the amount due from that other insurance, warranty, service contract, or manufacturer’s recall (subject to the limitations in section E). HSC’s coverage is secondary to such insurance, warranties, or guarantees.
Subject to the specific item limitations listed above in section E all limitations are less the deductible charge referred to as a “Trade Service Call Fee”, our liability does not exceed $2,000.00 per claim (A “claim” is payment made as a result of a request for service due to the failure of a single covered item). For Standard Coverage our liability does not exceed $6,000.00 in aggregate per each twelve month period from the effective date of the initial contract. For Comprehensive Coverage our liability does not exceed $9,000.00 in aggregate per each twelve month period from the effective date of the initial contract.
If you authorize or perform any improper alterations, installations or repairs or improperly modify any system, appliance or component covered by this Agreement, or damage it in the course of remodeling or repair, HSC will no longer be obligated to cover such item(s).
Consumable items, unless specifically listed as covered, are not covered. Consumable items are defined as any part that is considered consumable by the manufacturer and/or any item that is designed to be consumed during the life of the appliance or system, regardless if it is consumer replaceable or not. Consumable items include, but are not limited to bulbs or light bulbs or lamps, batteries and gases.
Obligations. Obligations of the provider under this service contract are backed by the full faith and credit of the provider
Term. This is a subscription agreement; it is effective for one month and shall renew automatically each month until you or HSC cancels the contract.
Renewal. On or around the __ of every month, your monthly payment will be charged to your credit card; this contract will not expire unless there is a problem processing the monthly payment or unless you or the contract is canceled as provided in Section G. In the event there is any problem processing the monthly payment, the contract holder will be contacted & payment is due within 5 business days to avoid cancellation. Should there be any updates/changes to the terms and conditions of this Agreement, such updates/changes will be applicable to new and renewed contracts only, and not any existing contracts. If payment for this contract is received by HSC within 15 days after the expiration date of the prior month’s contract, coverage starts the date the prior month’s contract expires (Effective Date) and continues for 30 days from that date. If payment is received later than 30 days after the expiration date of prior month’s contract, coverage starts at a date HSC will determine as new coverage start date (alternative Effective Date) and continues for 30 days from that date.
Assignment. In the event of assignment or transfer of title of the covered property, this Agreement may be assigned and/or transferred at our discretion, for a fee not to exceed $55, except where specifically governed otherwise by state law.
Installment Billing. In certain cases you may be permitted, at our option, to pay for your coverage on an installment basis. Should you suffer a mechanical failure covered by this Agreement at a time when there are unpaid installments due from you, whether or not such payments are due or overdue, HSC may require payment of the entire remaining unpaid balances prior to covering the loss for you, as HSC deems necessary or desirable.
Waiver. Should HSC waive or choose not to exercise any of our contractual rights, such waiver will not constitute a future waiver of said rights.
Contract Issuance. HSC reserves the right to refuse the issuance of a contract prior to the contract effective date without reason, and issue a refund of paid contract fees.
Abuse of Plan. Any abuse of this Agreement by you including, but not limited to, seeking repair of systems or appliances not belonging to you, may result in termination of this Agreement.
Dispute Resolution. Any claim, dispute, or controversy regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. The parties expressly agree that this Agreement and this arbitration provision involve and concern interstate commerce and are governed by the provisions of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
CLASS ACTION WAIVER. . 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 plaintiffs, 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.
Disclosure. The price of the Agreement includes the full amount of all fees due and payable as well as the costs of processing and administration for HSC, the Issuing Company, and its agents where allowable by law. Any applicable state or local sales taxes are in addition to the price of the Agreement.
Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior agreement and understandings of the parties hereto, oral or written, with respect to the subject matter hereof. Except as provided herein, all other warranties, expressed or implied, are hereby disclaimed.
Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision(s) shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its terms.
Titles and Subtitles. The titles of the paragraphs and subparagraphs of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement.
For Residents ofAlabama, Arkansas, Hawaii, Iowa, Massachusetts, Minnesota, Nevada, New Mexico, New York, South Carolina, Wyoming, and Washington Residents: The following provisions of this Section I.11 apply to the extent, and only to the extent, inconsistent with any provision above: Under Section G.2.I above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), if no claim has been made under this Agreement, you have the right to return this Agreement within 20 days of the date this Agreement was mailed to you, or within 10 days of delivery if this Agreement was delivered to you at the time of sale. In such a case, this Agreement will be void and HSC will refund to you the full amount of the purchase price of this Agreement. A 10% penalty per month will be added to a refund that is not made within 45 days in Alabama, Arkansas, Hawaii Massachusetts, Minnesota, Nevada, South Carolina & Wyoming (30 days in Iowa, New York, & Washington and 60 days in New Mexico) of return of this Agreement to HSC. This right to void this Agreement is not transferable and applies only to the original Agreement purchaser.
In Alabama: This contract is governed under the laws of Alabama. I. Section G Paragraph 2.I 2.II 2.III & The last sentence of Paragraph 2.V (CANCELLATION, VOIDABILITY, & ELIGIBILITY) is replaced with the following:
2.I You may cancel this contract within the first thirty (30) days following the date you ordered the initial contract (the “First 30 Days”) for any reason at no charge and shall be entitled to a refund of the paid contract fees less any service (claims) costs that were incurred by HSC.
2.II After the First 30 Days and within one (1) year of the effective date of the initial contract, if you request to cancel or refuse to renew the contract you shall be entitled to a pro rata refund of the paid contract fees for the unexpired term of your contract, less: (a) an administrative fee of up to $25; and (b) any service (claims) costs that were incurred by HSC. If the cost of services incurred by HSC is greater than the fees you have paid at the time of cancelation, then you shall pay HSC the lesser of either (x) the amount by which the service costs exceed the fees you have paid, or (y) the amount by which twelve times your monthly fee exceeds the fees you have paid.
2.III After the First 30 Days and more than one (1) year after the effective date of the initial contract, if you request to cancel or refuse to renew the contract you shall be entitled to a pro rata refund of the paid contract fees for the unexpired term, less: (a) an administrative fee of up to $25; and (b) any service (claims) costs that were incurred by HSC. A ten percent (10%) penalty per month will be added to a refund that is not paid or credited to you within forty-five (45) days after the cancellation of this Agreement. If HSC has provided services during that subsequent year and the cost of the services incurred by HSC during that subsequent year is greater than the fees you have paid during that subsequent year, then you shall pay HSC the lesser of either (x) the amount by which the service costs exceed the fees you have paid during that subsequent year, or (y) the amount by which twelve times your monthly fee exceeds the fees you have paid during that subsequent year. Each subsequent year shall be measured twelve (12) months from the anniversary of the effective date of the initial contract.
2.V If HSC cancels this contract for any of the reasons listed herein other than your nonpayment, you shall be entitled to a pro rata refund of the paid contract fees for the unexpired term, less: (a) an administrative fee of up to $25; and (b) any service (and claims) costs that were incurred by HSC. Paragraph 9.1 of Section I (MISCELLANEOUS) is replaced with the following: 9.1 Dispute Resolution.
II. 9.1 Any claim, dispute, or controversy regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
In Arizona: The following provisions of this Section J.3 apply to the extent, and only to the extent, inconsistent with any provision above:
I. The third sentence of the second paragraph of Section D (COVERED ITEMS) is replaced with the following sentence:
Not covered: conditions of items, while owned by you, that existed prior to the Agreement effective date if such conditions were known or should reasonably have been known by HSC or the person selling this Agreement on HSC’s behalf; lack of routine care and maintenance; misuse; and rust and/or corrosion.
II. The “NOT COVERED” subparagraph of Paragraph 4 (Plumbing Systems (Standard Coverage) of Section E (SYSTEMS AND APPLIANCES) is replaced with the following: NOT COVERED: All piping and plumbing outside of the perimeter of the foundation or below the lowest floor of the home (under the foundation or in a crawl space); breaks in/collapse of water, waste, drain, or vent lines; any damage caused by freezing or roots; faucets and fixtures if damage is due to calcification; bathtubs and showers; shower enclosures and base pans; showerheads; shower arms; sinks; toilet lids and seats; caulking or grouting; color or purity of the water in the system; noise; water softeners; pressure regulators; inadequate or excessive water pressure; flow restrictions in fresh water lines caused by scale, rust, minerals and other deposits or any pre-existing condition if such condition was known or should reasonably have been known by HSC or the person selling this Agreement on HSC’s behalf; corrosion or chemical deposits; exterior hose bibs; polybutylene plumbing; water supply lines to the refrigerator; holding, storage and pressure tanks; pressure regulating devices; laundry tubs; bidets; jet plumbing; indoor/outdoor sprinkler systems; booster pumps; conditions of electrolysis; repair and finish of any walls, floors or ceilings where it is necessary to break through to effect repairs or diagnosis; septic tanks and systems in or outside of the home; sewage ejector pumps; sewer and water laterals; wells and well pumps; solar systems; water conditioning equipment; main shut off valve; water damage; water filters; water purification systems; whirlpool bathtub, spas, saunas or steam rooms and their respective plumbing and mechanical components are not covered.
III. Under Section G.2 above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), this contract may be cancelled by you at any time for any reason. If you or HSC cancel this contract, instead of the $45 administrative fee, you will be charged an administrative fee not to exceed ten percent (10%) of the gross amount paid by you for this contract.
IV. Paragraph 23 of Section H (LIMITS OF LIABILITY) is replaced with the following: If you authorize or perform any improper alterations, installations or repairs or improperly modify any system, appliance or component covered by this Agreement, or damage it in the course of remodeling or repair, HSC will no longer be obligated to cover such item(s) unless such alterations, installations or repairs were conducted by a Service Contractor authorized by HSC in accordance with this Agreement.
V. Paragraph 9.1 (Dispute Resolution) of Section I (MISCELLANEOUS) is amended by the following: Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. §20-1095.09, Unfair trade Practices as outlined by the Arizona Department of Insurance and Financial Institutions. To learn more about this process, You may contact the Arizona Department of Insurance and Financial Institutions at 100 N. 15th Ave., Suite 261, Phoenix, AZ 85007-2630, Attn: Consumer Protection. You may directly file any complaint with the A.D.I.F.I. against a Service Company issuing an approved Service Contract under the provisions of A.R.S. §§ 20-1095.04 and/or 20- 1095.09 by contacting the Consumer Protection Division of the A.D.I.F.I. at 800-325-2548.
In Arkansas: Under Section G.2.V above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), we will notify you within fifteen (15) days of the date of termination in the event we terminate this Agreement. However, prior notice is not required if the reason for cancellation is nonpayment of the provider fee to us, a material misrepresentation by you to us, or a substantial breach of duties by you relating to a covered item or its use.
In California: This Home Warranty Agreement (“Agreement,” “plan” or “contract”) is marketed and issued by Home Service Club of California, Inc. 8910 University Center Lane, Ste. 400 San Diego, CA 92122 and administrated by the Home Service Club Warranty Corp, 305 Broadway, 7th Floor, New York, NY 10007, Telephone (800) 601-1009, www.hscwarranty.com (“HSC”). Throughout this Agreement, the words you and your refer to the Contract Holder shown on the Coverage Summary Page. The words us, we and our refer to Home Service Club of California, Inc. This is a Residential Service Contract, not an insurance policy. During the coverage period, we will arrange for our Authorized Service Contractor (“Service Contractor”) to repair or replace the systems and appliances stated as covered on your Contract Coverage Summary Page in accordance with the terms and conditions of this contract. This Agreement is intended to provide protection against the cost of repairing certain types of mechanical breakdowns of specific items in your home. Various provisions in this Agreement restrict coverage – please read the Agreement carefully to determine your rights, duties, and what is and is not covered.
In Florida: The following provisions of this Section J.6 apply to the extent, and only to the extent, inconsistent with any provision above:
Purchase Price. The rate charged for this contract is not subject to regulation by the Florida Office of Insurance Regulation.
Cancellation. Under Sections G.2.II and G.2.III above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), if you request to cancel this contract after the First Thirty Days, return of paid contract fees will be based upon 90% of unearned pro rata paid contract fees less any claims that have been paid or less the cost of repairs on your behalf. Under Section G.2.V above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), if we cancel this contract for any reason other than fraud or misrepresentation, return of paid contract fees will be based upon 100% of unearned pro rata fees less any claims paid or the cost of repairs made on your behalf.
Assignment. Under Section I.4 above (MISCELLANEOUS),you have the right to assign this Agreement within fifteen (15) days from the date the covered property is sold or transferred to a subsequent retail purchaser. Thereafter, this Agreement may be assigned and/or transferred at our discretion. In either case, we may charge an assignment fee not to exceed $40.
Listing Period. This Agreement does not provide listing period coverage free of charge.
In Georgia: The following provisions of this Section J.7 apply to the extent, and only to the extent, inconsistent with any provision above:
I. The third sentence of the second paragraph of Section D (Covered Items) is amended to read as follows: Examples of items not covered: conditions that existed prior to the Agreement effective date that could be detected by a routine home inspection; lack of routine care and maintenance; misuse; and rust and/or corrosion.
II. HSC may cancel this Agreement only for fraud, material misrepresentation, or failure to pay. You will be provided 30 days written notice regardless of the reason for cancellation. Refunds will be issued on a 100% pro-rata basis with no fees being deducted from the refund.
III. You may cancel this Agreement at any time upon demand and surrender of the Agreement, in which case HSC will refund the excess of consideration paid above the customary short rate for the expired term of the Agreement.
IV. Claims paid will not be deducted from any refund.
V. This Agreement is bonded by Platte River Insurance Company, P.O. Box 5900, Madison, WI 53705-0900 (the “insurer”). You are entitled to make a direct claim against the insurer in the event HSC fails to pay any claim within 60 days after the claim has been filed with HSC.
VI. Any arbitration under Paragraph 9.1 Dispute Resolution of Section I shall be nonbinding.
In Illinois: The following provisions of this Section J.8 apply to the extent, and only to the extent, inconsistent with any provision above: Under Section G.2 above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), if you cancel this Agreement within thirty (30) days after you purchase this Agreement and no service has been provided, HSC will refund the total cost of this Agreement less a cancellation fee. At any other time, you will be provided a pro rata refund for the unexpired term of this Agreement, based upon the elapsed term of this Agreement less the value of any service received and a cancellation fee. No cancellation fee will exceed the lesser of 10% of the plan price or $50.
In Iowa: The following provisions of this Section J.9 apply to the extent, and only to the extent, inconsistent with any provision above:
I. Paragraphs 2.II and 2.III & 2.V of Section G above (CANCELLATION, VOIDABILITY, & ELIGIBILITY) are amended as follows: If you cancel this Agreement outside of the applicable time as provided in Paragraph 2.I or after a claim is made under this Agreement, HSC will refund you in an amount equal to 100% of the unearned purchase price paid, calculated on a pro rata basis based upon elapsed time, less any claims paid. HSC may also charge a reasonable administrative fee in an amount no greater than 10% of the total purchase price.
II. 2.V If HSC cancels this Agreement, HSC will mail a written notice of termination to you at least 15 days before the date of termination. Prior notice of cancellation by HSC is not required if the reason for cancellation is nonpayment of the purchase price, a material misrepresentation by you to HSC, or a substantial breach of duties by you relating to a covered product or its use. If HSC cancels this Agreement for any reason other than nonpayment of the purchase price, HSC will refund to you an amount equal to 100% of the unearned purchase price paid, calculated on a pro rata basis based upon elapsed time, less any claims paid. HSC may also charge a reasonable administrative fee in an amount no greater than 10% of the total purchase price.
III. Complaints which are not settled by the issuer of this Agreement may be sent to the insurance division of the department of commerce of the state of Iowa. The address of the division is 2 Ruan Center, 601 Locust Street, 4th Floor, Des Moines, IA 50309; and the division’s telephone number is (515) 281-5705.
In Kentucky: The following additional terms and conditions apply and shall govern to the extent of any express conflict with a provision above. This contract is bonded by Platte River Insurance Company, P.O. Box 5900, Madison, WI 53705-0900 (the “insurer”). You are entitled to make a direct claim against the insurer in the event we fail to pay any claim within sixty (60) days after the claim has been filed with us.”
In Michigan: The following provision(s) of this Section J.11 apply to the extent, and only to the extent, inconsistent with any provision above: With respect to the repair of any home appliance covered by this contract, if performance of this contract is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of this contract shall be extended for the period of the strike or work stoppage.
In Nevada: The following provisions of this Section J.12 apply to the extent, and only to the extent, inconsistent with any provision above: Cancellation. HSC will not cancel this Agreement, if it has been in effect for at least seventy (70) days, before the expiration of the term or one (1) year after the effective date of this Agreement, whichever occurs first except for: (a) failure to pay by You any amount under this Agreement when due; (b) your conviction of a crime which results in an increase in the service required under this Agreement; (c) discovery of fraud or material misrepresentation by you in obtaining this Agreement, or in presenting a claim under this Agreement; or, (d) your act or omission, or your violation of any condition of this Agreement, the discovery of which occurs after the effective date of this Agreement and which substantially and materially increases the service required under this Agreement. Cancellation of this Agreement as permitted hereunder is effective fifteen (15) days after HSC mails the cancellation notice to you. HSC will not cancel this Agreement, if it has been in effect for at least seventy (70) days, before the expiration of the term or one (1) year after the effective date of this Agreement, whichever occurs first except also for a material change in the nature or extent of the required service or repair which occurs after the effective date of this Agreement and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that this Agreement was issued or sold. In the event of cancellation, you will be provided a pro rata refund less any outstanding balance on your account. HSC will not charge an administrative fee or a cancellation fee, or any other type of fee, for cancellation of this Agreement.
Assignment. HSC will not charge a fee of more than $25 for the assignment or transfer of this Agreement under Paragraph I(4) above.
Emergency Repair. Weekend, holiday and evening service will be performed only in the event of a failure or malfunction of a covered system or appliance, for which repair is prescribed under this Agreement, which is essential to your health and safety (“Emergency Repair”). An event will qualify for Emergency Repair if the emergency involves the loss of heating or cooling, loss of plumbing or substantial loss of electrical service and the emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling. Repairs will commence within 24 hours after the report of the claim and will be completed as soon as reasonably practicable thereafter; and, if HSC determines that an Emergency Repair cannot practicably be completed within 3 calendar days after the report of the claim, HSC will provide a status report to you and the Nevada Commissioner of Insurance.
Regulation by the Division of Insurance. If you are not satisfied with the manner in which HSC is handling your claim under this Agreement, you may contact the Nevada Division of Insurance toll-free at (888) 872-3234.
In North Carolina: The following provisions of this Section J.13 apply to the extent, and only to the extent, inconsistent with any provision above: I. The purchase of this Agreement is not required either to purchase or obtain financing for a home appliance. II. Under Sections G.2.I, G.2.II or G.2.III above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), you may cancel this Agreement at any time after purchase and receive a pro rata refund less any claims paid and an administrative fee of up to 10% of the pro rata refund. This 10% administrative fee shall be in lieu of the $45 administrative fee indicated in Sections G.2.I, G.2.II or G.2.III. III. Under Section G.2.V above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), HSC may only cancel this Agreement for nonpayment or for your direct violation of any Agreement provision including, but not limited to, any factor set forth in Section G.2.V.
In New Hampshire: In the event you do not receive satisfaction under this Plan, you may contact the New Hampshire insurance department, at 21 South Fruit Street, Suite 14, Concord, NH 03301, or (603) 271-2261, or in state toll free (800) 852-3416.
In New York: Under Section G.2.V above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), if HSC cancels this Agreement, at least 15 days before cancellation, HSC will mail a written notice to you at your last known address contained in HSC’s records. The notice will state the effective date of the cancellation and the reason for cancellation. Written notice is not required if the reason for cancellation is for nonpayment, a material misrepresentation, or a substantial breach of duties by you relating to a covered item or its use.
In Oklahoma: Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Also, Oklahoma’s service warranty statutes do not apply to any commercial use references in service warranty contracts.
In Oregon: HSC is licensed in Oregon as a home services contractor, License No. 216302 issued by the Oregon Construction Contractors Board.
In South Carolina: In the event of a dispute with the provider of this Agreement, you may contact the South Carolina Department of Insurance, at Capitol Center, 1201 Main Street, Ste. 1000, Columbia, SC 29201, or (800) 768-3467.
In Texas: Under Section G above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), this is a service contract agreement for repair, replacement, or partial replacement of the systems and appliances listed in Section E that are deemed manufactured or sold by the manufacturer and are stated as covered on your Contract Coverage Summary Page. This is not a contract of insurance, home warranty, extended warranty, or implied warranty; in the state of Texas, HSC offers “residential service contracts” rather than “home warranties.” Laws Governing This Contract. This contract is governed under the laws of Texas.
Electronic Signature/Counterparts. The signatures on this Agreement may be by facsimile, or other similar electronic means, and a facsimile or other electronic reproduction shall be deemed an original signature for all purposes and have the same force and effect as a manually-signed original. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall be deemed to constitute one instrument.
NOTICE: THIS COMPANY PAYS PERSONS NOT EMPLOYED BY THE COMPANY FOR THE SALE, ADVERTISING, INSPECTION OR PROCESSING OF A RESIDENTIAL SERVICE CONTRACT UNDER TEXAS OCCUPATIONS CODE § 1303.304. This contract is issued pursuant to a license granted by the Texas Real Estate Commission, and complaints in connection with this contract may be directed to the Commission at P.O. Box 12188, Austin, Texas 78711, 512-936-3049. The purchase of a residential service contract is optional and similar coverage may be purchased through other residential service companies or insurance companies authorized to transact business in Texas. NOTICE: YOU, THE BUYER, HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL’S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY OR THE ATTORNEY OF YOUR CHOICE. Signed:
In Utah: The following provisions of this Section J.20 apply to the extent, and only to the extent, inconsistent with any provision above:
Emergency Repair Weekend, holiday and evening repair will be performed only in the event of a failure or malfunction of a covered system or appliance, for which repair is prescribed under this Agreement, which is essential to your health and safety (“Emergency Repair”). An event will qualify for Emergency Repair if the emergency involves the loss of heating or cooling, loss of plumbing or substantial loss of electrical service and the emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling.
In the case of an Emergency Repair, you will not be required to obtain HSC’s prior authorization for service. Only in the case of an Emergency Repair, you may directly contact a qualified and insured Service Contractor to obtain service in the event of failure or malfunction of a covered system or appliance, for which repair is prescribed under this Agreement. Upon completion of the service, the Service Contractor must provide you an itemized invoice for the charges. You should try to find a Service Contractor who will charge a fair and reasonable cost for parts and labor as you will be responsible for paying the Service Contractor directly for the services rendered, including the Trade Service Call Fee or similar charge up to the Trade Service Call Fee, as well as all costs over and above those charged during normal business hours such as overtime. You will then submit the itemized invoice to HSC for reimbursement up to the limit of coverage under this Agreement. Please call HSC at (800) 601-1009 to find out the best way to submit the paid invoice; or, you may submit the paid invoice by mailing it to HSC at 305 Broadway, 9th Floor, New York, NY 10007 with an explanation of the emergency, when it occurred, your name, your account number and your contact information. HSC may need to contact you for further information.
Cancellation Paragraph 2.V of Section G (CANCELLATION, VOIDABILITY, & ELIGIBILITY) is replaced with the following:
2. V HSC may cancel this contract at any time for any reason, if this contract has not been previously renewed, and if this contract has been in effect less than sixty (60) days when the written notice of cancellation is mailed or delivered. After this contract has been in force for sixty (60) days, this contract may be cancelled by HSC for the following reasons: (a) nonpayment of contract fees when due; (b) mutual agreement of HSC and you; (c) material misrepresentation; (d) substantial change in the risk assumed, unless HSC should reasonably have foreseen the change or contemplated the risk when entering into this contract; or (e) substantial breaches of contractual duties, conditions, or warranties. Cancellation for these reasons, except cancellation for nonpayment of contract fees, is effective no sooner than thirty (30) days after the delivery or first-class mailing of a written notice to you. Cancellation for nonpayment of contract fees is effective no sooner than ten (10) days after delivery or first class mailing of a written notice to you. If HSC cancels this contract within the first thirty (30) days you will NOT be charged an administrative fee, and you shall be entitled to a refund of the paid contract fees less any service (claims) costs that were incurred by HSC. If HSC cancels this contract after the thirtieth (30th) day from contract effective date, you shall be entitled to a pro rata refund of the paid contract fees for the unexpired term, less: (a) an administrative fee of up to $45; and (b) any service (and claims) costs that were incurred by HSC.
Dispute Resolution ANY MATTER IN DISPUTE BETWEEN YOU AND HSC MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, A COPY OF WHICH IS AVAILABLE ON REQUEST FROM HSC. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND HSC. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY’S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION. Regulation This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guaranty Association.
In Virginia: If any promise made in this Agreement has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at https://www.vdacs.virginia.gov/pdf/OCRPregulatorycomplaintform.pdf to file a complaint.
In Vermont: The following provisions of this Section J.22 apply to the extent, and only to the extent, inconsistent with any provision above:
Voidability. Under Section G.2.I above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), if no claim has been made under this Agreement, you have the right to return this Agreement within 20 days of the date this Agreement was mailed to you or delivered to you at the time of sale. In such a case, this Agreement will be void and HSC will refund to you the full amount of the purchase price for this Agreement. This right to void this Agreement is not transferrable and applies only to the original Agreement purchaser.
Dispute Resolution. Under Section I.9.2 (Dispute Resolution) above, unless you decide to file a claim solely in your individual capacity in small claims court and notify HSC in advance of your decision to do so, any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by arbitration as described in Section I.9.2.
In Washington: The following provisions of this Section J.23 apply to the extent, and only to the extent, inconsistent with any provision above:
Roof Coverage. The term “Roof Coverage” is deleted from Paragraph 3 (Types of coverage) of Section B (AGREEMENT). Paragraph 40 (Roof Coverage) is deleted from Section E (SYSTEMS AND APPLIANCES).
Emergency Repairs. Under Section C.2 (CUSTOMER SERVICE), weekend, holiday and evening service will be performed only in the event of a failure or malfunction of a covered appliance or component, for which repair is prescribed under this Agreement, which is essential to your health and safety (“Emergency Repair”). An event will qualify for Emergency Repair if the emergency involves the loss of heating or cooling, loss of plumbing or substantial loss of electrical service and the emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling. Repairs will commence within 24 hours after the report of the claim and will be completed as soon as reasonably practicable thereafter.
Trade Service Call Fee. The Trade Service Call Fee under Section C.4 (CUSTOMER SERVICE) will be set forth on your Contract Coverage Summary Page, apply on a per occurrence basis and qualify as a deductible under this Agreement. As a deductible, your benefits will be reduced for each occurrence.
Cancellation by HSC. Under Section G.2.V above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), HSC may cancel this Agreement upon 21 days prior written notice to you.
Dispute Resolution. Under Section I.9.2 above (Dispute Resolution), arbitration proceedings may be held at a location in closest proximity to your permanent residence.
In Wyoming: The following provisions of this Section I.11 apply to the extent, and only to the extent, inconsistent with any provision above:
Service Contract Provider. HSC is both the Service Contract Provider and the contract obligor under this Agreement.
Nonrenewal. Under Sections G.2.I, G.2.II and G.2.III above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), if you refuse to renew this Agreement, you will not be subject to an administrative fee.
Cancellation. Under Section G.2.V above (CANCELLATION, VOIDABILITY, & ELIGIBILITY), HSC will mail a written notice to you at your last known address at least 10 days prior to cancellation by HSC. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by you to HSC or a substantial breach of duties by you relating to the covered item or its use. Also, if HSC cancels this Agreement, you will not be subject to an administrative fee.
Dispute Resolution. Under Sections I.9.1 (Dispute Resolution) and I.9.2 (CLASS ACTION WAIVER), at the time of any dispute, the parties hereto may agree to resolve their difference by arbitration in a separate written agreement.
