LandAmerica Home Warranty
Plan--Southwest
Issued by Best Home Warranty Company (BHWC)
This home warranty contract is backed by
the full faith and credit of Best Home Warranty Company.
YOU MUST FIRST CONTACT COMPANY FOR SERVICE. WE DO NOT REIMBURSE OR PAY FOR REPAIRS MADE
WITHOUT PRIOR APPROVAL.
1.
SHUT OFF the
system or appliance to prevent further damage.
2.
MAKE SURE THE
PROBLEM IS COVERED. Problems left by
the previous owner are not covered. We
only cover systems and appliances that fail due to normal wear and tear. Certain exclusions and limitations could
have an effect on coverage. PLEASE READ
YOUR CONTRACT.
3.
Is coverage in
effect? Has BHWC been paid? Has the contract expired?
HOW TO OBTAIN SERVICE
Call
(800) 521-2492, or to save $5.00 on
non-emergency service requests go to www.bhwc.com
, or fax request to (888) 217-9051.
BHWC is available to accept service requests 24 hours a day, 365 days a
year. BHWC will dispatch a contractor
who will call you directly to schedule an appointment during normal working
hours.
On weekends and holidays, the
contractor will contact you within 48 hours.
Emergency service (see LIMITATIONS ON LIABILITY, paragraph #1 for the
definition of an emergency) will commence no later than 24 hours after the
report of the malfunction. BHWC will
determine what constitutes an emergency, and will make reasonable efforts to
expedite emergency service. If you request BHWC to perform non-emergency
service outside of normal business hours, you will be responsible for payment
of additional fees, including overtime.
TRADE CALL FEE: You are
responsible for the payment of a trade call fee each time a service technician
is dispatched (except where more than one visit is required to remedy the same
problem, in which case multiple visits will be considered a single service
trade call fee). The trade call fee is
due and payable at completion of the trade call. BHWC will provide no additional service if a
prior trade call fee is delinquent.
OTHER SERVICE INFORMATION
Because
of your property location or other circumstances, BHWC may permit you or
request that you obtain your own technician, and BHWC will only pay its
usual and customary repair cost in your specific area, and will pay for service
only if the following conditions are met:
A. You must first call BHWC to report
the malfunction and obtain a work order number.
B. Prior to work commencement, you
must call BHWC with the technician’s estimate and obtain a payment
authorization number. BHWC reserves
the right to use a technician of BHWC’s choice if the estimate is, in BHWC’s
opinion, unreasonably expensive.
C. After completion of work, mail or fax
invoice to BHWC. Invoice must include
work order number and authorization number to be paid. Also, indicate who is to be paid, you or the
technician. The trade call fee will be deducted from the total.
D. This method of service is for repairs
only, not replacements. All other
terms and conditions of this contract are still applicable.
PLAN
EFFECTIVE DATES
The effective and expiration
dates are listed on the declaration sheet accompanying this contract. Coverage will begin at close of sale
provided the plan fee is received by BHWC within 14 days; if the plan fee is
not received by BHWC within that period, the effective date will be the date
the plan fee is received. BHWC will
accept plan fee up to 30 days after the closing without requiring an inspection.
Contracts or requests for additional coverage received more than 30 days after
close of sale may be subject to a waiting period and must be accompanied by a
current inspection report or contractor certification showing items to be
covered are operating properly.
If this contract is a renewal of a previously
issued contract, there will be no lapse of coverage if payment of plan fee is
received before the expiration date of the previous contract. If payment of plan fee is received after the
expiration date of the previous contract, coverage will begin 30 days after
receipt of payment. BHWC reserves the right to inspect covered
systems and appliances during this 30-day waiting period. The homeowner agrees to cooperate. (See
LIMITATIONS ON LIABILITY, paragraph #17, “RENEWAL/TRANSFER”.)
New Construction Plan coverage and any optional
coverage begins on the first anniversary of the close of sale and continues for
four years from that date, provided the New Construction Plan fee is received
by BHWC within 14 days from the close of sale.
All systems and appliances must be in good working condition at the time
coverage begins on the first anniversary after the close of sale.
BHWC will repair
or replace covered systems and appliances if they become inoperative due to normal
wear and tear during the term of this contract. Only those systems and appliances
specifically mentioned are covered, and only if they are properly and
permanently installed and located within the perimeter of the main foundation
of the home and/or detached garage, and were functioning in a safe and proper
manner on the effective date of this contract.
KITCHEN APPLIANCES: OVEN/RANGE (Gas or Electric);
DISHWASHER; GARBAGE DISPOSAL; HOT WATER DISPENSER; BUILT-IN TRASH COMPACTOR;
BUILT-IN MICROWAVE OVEN. NOT COVERED: COSMETIC PROBLEMS, SUCH AS CHIPS, DENTS OR
SCRATCHES; TRIM KITS; RACKS; ROLLERS; BASKETS; LIGHTS; INTERIOR LININGS;
CLOCKS; HANDLES; KNOBS; BUCKETS, LOCK & KEY ASSEMBLIES; SHELVES;
SELF-CLEANING MECHANISMS; TIMERS; MEAT PROBES; REFRIGERATOR/STOVE COMBINATION
UNITS; HALOGEN UNITS; ELECTROMAGNETIC INDUCTION UNITS.
HEATING SYSTEM:
Coverage is available on gas or electric heating systems not to exceed 2
units. FURNACES: Forced Air, Floor, Gravity, or Wall. SYSTEMS:
Heat pump, Hot Water, or Radiant.
If BHWC determines that replacing a heat pump system is required, BHWC
will replace with a unit that meets 13 SEER and/or 7.7 HSPF requirements,
including replacing any covered components that are necessary to maintain
compatibility with the replacement unit, including the air handler, evaporative
coil, transition, plenum, indoor electrical, duct connection, accessible
refrigerant and condensate drain lines, and thermostatic expansion valves. REPAIR AND REPLACEMENTS TO HOT WATER,
GLYCOL, LITHIUM, RADIANT AND GRAVITY FLOW SYSTEMS ARE LIMITED TO $1,500. REPLACEMENTS ARE SOMETIMES SUBJECT TO
CERTAIN LIMITS; SEE OTHER SERVICE INFORMATION, PARAGRAPHS #6, #7, AND #9. NOTE:
ON DUAL PACK SYSTEMS, THE AIR CONDITITIONING SIDE WILL ONLY BE COVERED
IF THE AIR CONDITIONING OPTION WAS REQUESTED AND THE ADDITIONAL PREMIUM HAS
BEEN PAID. NOT COVERED: MALFUNCTIONS CAUSED BY A FAILURE TO PERFORM
ROUTINE MAINTENANCE, INCLUDING, BUT NOT LIMITED TO FILTER CHANGES AND CLEANING;
REGISTERS, GRILLS, HEAT LAMPS, FIREPLACES AND KEY VALVES; WOOD OR PELLET
STOVES; OIL, DIESEL, OR KEROSENE UNITS; GEO-THERMAL SYSTEMS; CRANE CHARGES;
COLLAPSED, CRUSHED, DISINTEGRATED OR WATER DAMAGED DUCTWORK; FLUES AND VENTS;
HUMIDIFIERS; CLEANING; FILTERS; AIR FILTRATION SYSTEMS; PORTABLE HEATERS; ZONE
CONTROL SYSTEMS; SOLAR HEATING SYSTEMS; STANDS.
ELECTRICAL SYSTEM:
ELECTRICAL PANELS; SWITCHES;
PLUGS; CENTRAL VACUUM SYSTEMS; REPAIRS ONLY TO WIRING AND LOW VOLTAGE LIGHTING
SYSTEMS. NOT COVERED: LIGHT FIXTURES; REMOTE CONTROLS; STRETCHED
PLUGS; REMOVABLE ATTACHMENTS, ACCESSORIES, HOSES OR CENTRAL VACUUM BLOCKAGES;
REPLACEMENT OF LOW VOLTAGE SYSTEMS; ENERGY MANAGEMENT OR LIGHTING AND APPLIANCE
MANAGEMENT SYSTEMS; SMOKE DETECTORS.
PLUMBING SYSTEM:
WATER HEATER (Gas/Electric, max
75 gal.): FLUSHING MECHANISMS; TOILET
TANK AND BOWL (replaced with two piece white builder’s standard when
necessary); TUB AND SHOWER VALVES; GAS, WATER, DRAIN/WASTE PIPE LEAKS; BUILT-IN
BATHTUB WHIRLPOOL MOTOR AND PUMP ASSEMBLY; PRESSURE REGULATOR AND INLINE
SHUTOFF VALVE. NOT COVERED: FAUCETS; WATER CONDITIONIING EQUIPMENT,
LANDSCAPING OR FIRE SPRINKLING SYSTEMS; MAIN SHUT OFF VALVE; SOLAR WATER
HEATERS; FLUES AND VENTS; WATER FLOW AND/OR CAPACITY LIMITATIONS CAUSED BY
RUST, CALCIFICATION AND/OR MINERAL DEPOSITS; ELECTROLYSIS; WATER DISCOLORATION;
BATHTUB JET PLUMBING; SHOWER HEADS AND ARMS; BATHTUBS; FIXTURES; SINKS; TUB AND
SHOWER BASE PANS; TILE; CAULKING.
TANKLESS AND/OR DIRECT VENT WATER HEATER REPAIRS AND REPLACEMENTS ARE
LIMITED TO $500. BHWC WILL NOT REPLACE A
WATER HEATER BECAUSE OF NOISE OR PAY FOR REPIPING OF DWELLING.
DRAIN LINES/SEPTIC TANK PUMPING: BHWC
will clear mainline stoppages that can be cleared through an existing ground
level cleanout without excavation. If
the stoppage is due to septic tank backup, BHWC will pump only one septic tank,
one time only. NOT COVERED: HYDRO-JETTING; BROKEN OR COLLAPSED SEWER
LINES OUTSIDE THE FOUNDATIONS; STOPPAGES
OR ROOTS THAT PREVENT THE EFFECTIVE USE OF AN EXTERNALLY APPLIED SEWER MACHINE
CABLE; THE COST OF FINDING OR GAINING
ACCESS TO THE CLEANOUT OR SEPTIC TANK; REMOVAL OF TOILET; COSTS TO INSTALL A
GROUND LEVEL CLEANOUT; CHEMICAL TREATMENT OF THE SEPTIC TANK AND/OR SEWER
LINES; LEACH LINES; SEPTIC SYSTEM PUMPS; CESSPOOL.
PUMPS: SUMP PUMPS; RECIRCULATING PUMPS; SEWAGE EJECTOR
PUMP, .NOTE: COSTS TO REPAIR AND/OR REPLACE PUMPS ARE
LIMITED TO $500. NOT COVERED: AEROBIC PUMP; JET PUMP; SEPTIC SYSTEM;.
FANS: Kitchen/bathroom exhaust fans, attic fans, whole house
fans, and ceiling fans, All fans, including deluxe and premium, will be
replaced with builder’s standard. NOT
COVERED: NOISE; WOBBLING; LIGHT
FIXTURES; REMOTE TRANSMITTERS.
GARAGE DOOR OPENER:
If replacing, BHWC will install
system of comparable capacity and one that conforms to applicable legal
standards.
NOT COVERED: DOORS; SPRINGS; REMOTE TRANSMITTERS; LIGHTS;
HINGES.
AIR
CONDITIONING SYSTEM: Coverage is available on
cooling systems with cooling capacity not exceeding 5 tons per unit (2 units
maximum). CONDENSER; COIL; EVAPORATIVE COOLING UNIT;
COMPRESSOR AND MOTORS. If BHWC
determines that replacing an air conditioning system is required, BHWC will
replace with a unit that meets 13 SEER and/or 7.7 HSPF requirements, including
replacing any covered components that are necessary to maintain compatibility
with the replacement unit, including the indoor furnace or air handler,
evaporative coil, transition, plenum, indoor electrical, duct connection, accessible
refrigerant and condensate drain lines, and thermostatic expansion valve. NOTE: REPLACEMENTS ARE SOMETIMES SUBJECT TO CERTAIN
LIMITS; SEE OTHER SERVICE INFORMATION, PARAGRAPHS #6, #7, AND #9. BHWC WILL PAY FOR THE RECAPTURING OF R-22
FREON ONLY. REPAIRS AND/OR REPLACEMENTS
TO SYSTEMS THAT DO NOT UTILIZE R-22 FREON WILL BE LIMITED TO $1,000 PER
CONTRACT. REPLACEMENTS WILL BE SUBJECT
TO REVIEW BY BHWC DURING THE FIRST 30 DAYS OF COVERAGE.
NOT
COVERED: MALFUNCTIONS CAUSED BY A
FAILURE TO PERFORM ROUTINE MAINTENANCE, INCLUDING, BUT NOT LIMITED TO FILTER
CHANGES AND CLEANING; GAS OR PROPANE AIR CONDITIONING SYSTEMS; INACCESSIBLE
REFRIGERANT AND CONDENSATE DRAIN LINES; GEO-THERMAL SYSTEMS; WATER COOLED
SYSTEMS; MISMATCHED SYSTEMS; CLEANING; FILTERS; CHILLERS; FLUES AND VENTS;
HUMIDIFIERS; AIR FILTRATION SYSTEMS; ZONE CONTROL SYSTEMS; COLLAPSED, CRUSHED,
DISINTEGRATED OR MOISTURE DAMAGED DUCTWORK; DUCTWORK TESTING AND/OR SEALING;
CRANE CHARGES; PORTABLE ROOM OR WINDOW UNITS; REGISTERS; GRILLS; STANDS.
RELOCATION/MODIFICATIONS
OPTION: BHWC will pay up to $1,000 aggregate
(combined limit for the term of the contract) to perform equipment relocations
and/or modifications that BHWC deems necessary due to changes in government
regulations to complete covered repairs and replacements to heating, air
conditioning or water heaters. Coverage
extends to : structural issues; access
issues; vents; pads; stands; roof jacks; outside electrical; inaccessible
refrigerant lines; inaccessible drain lines. NOT COVERED: CLEANING, PERMITS,
DISPOSAL COSTS; DUCTWORK TESTING AND/OR SEALING.
SWIMMING POOL/SPA EQUIPMENT: Above ground
and accessible parts and components of the filtration, pumping, and heating
system (including the pool sweep pump, blower motors, motor, and timer). Both pool and spa equipment is covered if
they utilize common equipment. If they
do not utilize common equipment, then only one or the other is covered unless
an additional fee is paid. NOTE:
Heater repairs and/or replacements caused by rust, deterioration or
corrosion are limited to $500 per contract.
NOT COVERED; UNDERGROUND OR
INACCESSIBLE PARTS AND COMPONENTS; CLEANING EQUIPMENT; POOL SWEEPS; DAMAGE DUE
TO A LACK OF MAINTENANCE OR IMPROPER CHEMICAL BALANCE; LIGHTS; DISPOSABLE
FILTRATION MEDIUMS; CHLORINATORS; IONIZERS; OZONE GENERATORS; HEAT PUMPS; SALT
WATER SYSTEMS; REMOTE CONTROL SYSTEMS; MOTORIZED VALVES; VALVE ACTUATORS;
COMPUTERIZED CONTROL BOARDS; JETS; FOUNTAIN OR WATERFALL PUMPS; COVERS AND
RELATED EQUIPMENT; STRUCTURAL DEFECTS; SOLAR RELATED EQUIPMENT; SKIMMERS.
KITCHEN REFRIGERATOR: Electrical or mechanical
malfunction, except; NOT COVERED: COSMETIC PROBLEMS, SUCH AS CHIPS, DENTS OR
SCRATCHES; FILTERS; FOOD SPOILAGE; LIGHTS; INTERIOR THERMAL SHELLS; INSULATION;
MULTI-MEDIA CENTER; ICE MAKERS OR WATER DISPENSERS; REFRIGERATOR FREEZERS WHICH
REQUIRE AN ADDITIONAL COMPRESSOR TO FUNCTION; STAND ALONE FREEZERS;
REFRIGERATORS LOCATED OUTSIDE THE KITCHEN AREA.
WASHER AND DRYER:
Parts
and components, except; NOT COVERED:
COSMETIC PROBLEMS, SUCH AS CHIPS, DENTS, OR SCRATCHES; PLASTIC
MINI-TUBS; SOAP DISPENSERS; FILTER AND LINT SCREENS; VENTING; DAMAGE TO
LAUNDRY. MALFUNCTIONS DURING THE FIRST
30 DAYS OF CONTRACT CAUSED BY RUST ARE SUBJECT TO REVIEW BY BHWC.
ROOF COVERAGE: Leaks
resulting from rainwater penetrating the roof due to normal wear and
deterioration of the building materials covering the roof. COSTS OF DIAGNOSIS, REPAIRS,
PARTS AND MATERIALS WILL BE LIMITED TO $1,000 PER CONTRACT. Note: Service delays frequently occur during
periods of rain and storms. While we
make every effort to expedite service, no guarantees can be made. UNDER NO CIRCUMSTANCES IS BHWC LIABLE FOR
CONSEQUENTIAL DAMAGES CAUSED BY LEAKS.
NOT
COVERED: LEAKS THAT OCCUR IN A DECK OR
BALCONY WHEN SAID DECK OR BALCONY SERVES AS THE ROOF OF THE STRUCTURE BELOW;
LEAKS IN PATIOS, PORCHES, OR DETACHED GARAGES; LEAKS THAT RESULT FROM OR THAT
ARE CAUSED BY ROOF MOUNTED INSTALLATIONS; SKYLIGHTS; UN-WORKMANLIKE
CONSTRUCTION OR REPAIRS; MISSING OR
BROKEN ROOF SHINGLES OR TILES;
STRUCTURAL COLLAPSE DUE TO EARTHQUAKE, ROT OR IMPROPER DESIGN AND/OR
INSTALLATION; PERSONS WALKING OR
STANDING ON THE ROOF; FAILURE TO PERFORM
NORMAL MAINTENANCE TO ROOF AND GUTTERS;
ACTS OF GOD; LEAKS MANIFESTED
PRIOR TO THE EFFECTIVE DATE OF THE CONTRACT.
SEPTIC SYSTEM COVERAGE: Aerobic pump,
jet pump, septic tank and line from house. NOT COVERED: TILE FIELDS AND LEACH BEDS; LEACH LINES;
LATERAL LINES; INSUFFICIENT CAPACITY; INSTALLATION OF A CLEANOUT; COST TO
DIAGNOSE, REPAIR AND/OR REPLACE THE SYSTEM, INCLUDING PUMPS, SEPTIC TANK AND/OR
LINE IS LIMITED TO A TOTAL OF $500 MAXIMUM.
WELL PUMP SYSTEM COVERAGE: Well pump
system that is the primary source of water to the home and is used for domestic
purpose only: PRESSURE, HOLDING AND STORAGE
TANKS; ABOVE GROUND PIPING AND ELECTRICAL LINES BETWEEN THE TANK AND THE MAIN
DWELLING; DROP PIPE AND CABLE IN THE WELL; WELL PUMP (Maximum 2 HP).
COSTS OF REPAIR AND/OR
REPLACEMENT OF ITEMS OTHER THAN THE WELL PUMP, SUCH AS BUT NOT LIMITED TO, PLUMBING
PIPES, BOOSTER PUMP, TANKS, ELECTRICAL LINES, AND ACCESS LABOR TO REMOVE AND/OR
REPLACE WELL PUMP ARE LIMITED TO $500 PER CONTRACT.NOT COVERED: WELL CASINGS; SYSTEMS USED PARTLY OR WHOLLY
FOR IRRIGATION OR AGRICULTURAL PURPOSES; RE-DRILLING OF WELLS.
MAXIMUM UPGRADE OPTION: The following
items (which are excluded under the standard contract) will be covered under
the terms and conditions of the contract:
APPLIANCES: Racks, rollers,
baskets, interior linings, clocks, rotisseries, handles, knobs, buckets, lock & key assemblies,
self-cleaning mechanisms, and shelves.
REFRIGERATOR: Ice makers
(with purchase of kitchen refrigerator option).
If the ice maker is unavailable, BHWC’s obligation is limited to $200.
HEATING SYSTEM: Registers,
grills, built-in heat lamps.
ELECTRICAL: Smoke
detectors.
PLUMBING: Toilets
replaced with like quality up to $600 per occurrence, faucets (replaced with
chrome builder’s standard on 4 inch centers when necessary), showerheads and
arms (replaced with chrome builder’s standard when necessary), water heater
sediment.
FANS: Replacement of ceiling fans will be with like
quality.
GARAGE DOOR OPENER: Springs, remote
transmitters, hinges.
AIR CONDITIONING: (with purchase of air conditioning option) Registers,
grills, disposable filters.
CODE
UPGRADES/MODIFICATIONS: BHWC will pay for upgrades or modifications necessary to complete
the installation of, or repairs to, a covered plumbing, electrical, air
conditioning, or heating item, provided the required upgrade is the result of changes to a local ordinance
or code or 13 SEER regulation and that failure to upgrade prevents BHWC from
completing an in progress service call.
NOTE: A $500
MAXIMUM AGGREGATE LIMIT IS PLACED ON CODEUPGRADES/MODIFICATIONS PER CONTRACT. This coverage
does not include an inspection of the property to determine if a system or
appliance was or was not installed properly and proper permits were
obtained. The contract holder is
responsible for the cost for changes or upgrades relating to hazardous material
removal.
1.
EMERGENCIES: An emergency is defined as the loss of plumbing, a
substantial loss of electrical service, the loss of heating or cooling, or any
other condition within the home that renders the home uninhabitable, if the
structures, components or systems related thereto are covered by this
contract. If a malfunction has created
an emergency, as defined in this contract, a reasonable effort will be made to
provide expedited services.
2.
WHO DOES THE WORK:
BHWC will respond to your
request for service by dispatching a contractor or technician. The contractor or technician will call you to
schedule an appointment to perform the requested service. Only the work specifically authorized by BHWC
will be performed. If you experience
difficulties with the contractor or technician, you should contact BHWC.
3.
TRAVEL TIME: If the covered
property is in a remote area, or if it is necessary to hire a technician who
charges travel time, BHWC will pay up to a maximum of $75 for travel time. Travel time charges in excess of $75 will be
paid by the contract holder.
4.
ACCESS: If it becomes necessary to gain access to a
malfunctioning system or appliance by opening a wall, floor, or ceiling, BHWC
will restore the opened area to a rough finish only. BHWC will not refinish, restore or replace
countertops, cabinets, floor or wall coverings, or repair any cosmetic
defect. ACCESS TO A COVERED ITEM THAT
IS RESTRICTED OR LIMITED IS NOT COVERED, AND IT IS THE HOMEOWNER’S
RESPONSIBILITY TO PROVIDE ACCESS TO THE COVERED ITEM. If a malfunctioning system or part thereof is
encased in or covered by cement, and is within the perimeter of the main
foundation of the home or garage, the liability of BHWC for the repair or
replacement of said system is limited to $500 per contract (the $500 limitation
includes cost of leak detection).
5.
INADEQUATE SIZE OR CAPACITY: IF A SYSTEM,
APPLIANCE, OR COMPONENT IS DETERMINED TO BE UNDERSIZED OR OVERLOADED, OR IS
PROVEN TO BE INADEEQUATE, REPAIR OR REPLACEMENT OF THE MALFUNCTIONING SYSTEM OR
APPLIANCE IS NOT COVERED BY THIS CONTRACT.
6.
REPAIR OR REPLACEMENT:
BHWC solely will decide whether
a malfunctioning system or appliance should be repaired or whether it should be
replaced. Replacements and repair parts
will be similar in features, efficiency, and capacity to those being repaired
or replaced, but may not match color, brand, or dimensions. HOMEMADE, SYSTEMS CLASSIFIED BY THE
MANUFACTURERE AS COMMERCIAL, AND/OR NON-STANDARD SYSTEMS ARE NOT COVERED. BHWC reserves the right to find, have made, or
have rebuilt a hard-to-locate part or component. BHWC reserves the right to provide cash in
lieu of a repair or replacement in the amount of our actual cost (less than
retail) to repair or replace such item.
7.
MODIFICATIONS/DISPOSAL COSTS: BHWC is not
responsible for modifications to pipe runs, flues, ducts, electrical or
plumbing systems, closets or any other structural modifications and similar
conditions needed for access, repairs, or installation of a covered
system. BHWC is not responsible for any
costs to dispose of old parts or equipment.
8.
OTHER OPINIONS: BHWC reserves the right to get other opinions on the
repair or replacement cost. If BHWC
decides to obtain other opinions, that decision will not result in an additional
trade call fees to the contract holder.
9.
BUILDING CODE OR GOVERNMENT REGULATION: If local
building codes, Consumer Product Safety Commission standards, or government
regulations prevent BHWC from repairing or replacing a system or appliance with
like capacity, efficiency, or design, BHWC’s liability is limited to the amount
that it would have cost to repair or replace the system or appliance in the
absence of such code or regulation. The
contract holder is responsible for obtaining all permits and for correcting any
existing code violations and for any changes relating to upgrades required by
law or hazardous material removal.
10.
DELAYS/MANUFACTURER’S DEFECT: BHWC
is not responsible for delays due to labor difficulties, weather, delivery
problems, availability of parts, or other events beyond its control. If a failure is caused by a manufacturer’s
defect, recall, defective materials or parts, it shall not be covered. BHWC is not responsible for repair or
replacement of any system or appliance or component thereof that is determined
to be defective by the Consumer Product Safety Commission.
11.
ADDITIONAL SERVICE CRITERIA: IF A MALFUNCTION OR DEFECT IS DISCOVERED BY
AN INSPECTION COMPANY PRIOR TO THE CLOSING, OR BY A PUBLIC UTILITY COMPANY AT
THE TIME GAS OR ELECTRIC SERVICE IS TRANSFERRED TO THE CONTRACT HOLDER, THE
DEFECT OR MALFUNCTION SHALL BE CONSIDERED A NON-COVERED PRIOR CONDITION. Contract
coverage will be extended to other unknown pre-existing conditions provided the
defect or malfunction in a covered system or appliance was not discovered until
after the effective date of this contract, and provided the defect or
malfunction would not have been apparent by visual inspection and simple
mechanical test prior to effective date.
IF THE BUYER OR SELLER OR AGENT OF EITHER HAD PRIOR KNOWLEDGE OF A
DEFECT OR MALFUNCTION IT WILL NOT BE COVERED. Malfunctions to any system, appliance or
covered option caused by rust and/or calcification are subject to review by
BHWC.
12.
ACTS OF GOD, ETC.:
THIS CONTRACT DOES NOT COVER DAMAGE TO COVERED SYSTEMS AND APPLIANCES
RESULTING FROM ACTS OF GOD, MOLD, STORMS, EARTHQUAKE, NUCLEAR INCIDENTS, WAR,
RIOT, VANDALISM, FIRE, FLOOD, ACCIDENTS, MISUSE, NEGLECT, PESTS, PETS, FREEZE
DAMAGE, ODORS, ABNORMAL WEAR AND TEAR, POWER FAILURE OR SHORTAGE, SURGE OR
OVERLOAD, ATTEMPTED OR IMPROPER PREVIOUS REPAIRS, IMPROPER DESIGN OR
INSTALLATION.
13.
ELIGIBLE PROPERTIES: This contract covers a single
family dwelling, less than 5,000 square feet, used only for residential
purposes. Homes over 5,000 square feet,
multiple units, guest houses, and other structures are covered only if the
appropriate additional fees are paid. A
DWELLING USED FOR COMMERCIAL PURPOSES, OR AS A
14.
COMMON AREAS/COMMON SYSTEMS: IF THE
COVERED DWELLING IS A CONDOMINIUM, TOWNHOUSE, MOBILE HOME, OR MULTI-FAMILY
DWELLING, COVERAGE IS LIMITED TO THOSE SYSTEMS AND APPLIANCES LOCATED WITHIN
THE PARTICULAR UNIT. COMMON AREAS OF COMMON
SYSTEMS WILL NOT BE COVERED.
15.
CONSEQUENTIAL DAMAGES: THIS
CONTRACT DOES NOT PROVIDE COVERAGE FOR DAMAGE CAUSED TO THE HOME OR ITS
CONTENTS BY A MALFUNCTIONING SYSTEM OR APPLIANCE, INCLUDING, BUT NOT LIMITED
TO, FIRE, WATER, AND/OR MOLD DAMGE. BHWC
IS NOT RESPONSIBLE FOR ANY CLAIM ARISING OUT OF ANY PATHOGENIC ORGANISMS
REGARDLESS OF ANY EVENT OR CAUSE THAT CONTRIBUTED IN ANY SEQUENCE TO DAMAGE OR
INJURY. PATHOGENIC ORGANISMS MEAN
ANY BACTERIA, YEASTS, MILDEW, VIRUS, FUNGI, MOLD, OR THEIR SPORES, MYCOTOXINS
OR OTHER METABOLIC PRODUCTS.
16.
RENTAL PROPERTIES: If the covered property is a
rental unit or if it becomes a rental unit during the course of the contract,
the contract holder must notify BHWC of the mailing address of the property
owner and must designate the party responsible for the payment of any trade
call fee before service is rendered.
17.
RENEWAL/TRANSFER: Contract may be renewed at BHWC’s discretion
only. In that event, contract holder
will be notified of the prevailing rate and terms of renewal. Premium rates may increase upon renewal. This contract may be transferred if the
property is sold during the term of this contract; original contract holder
must notify BHWC of the change in ownership.
18.
REMODELING/ROUTINE MAINTENANCE, ETC.: Damage to a
covered system or appliance caused by remodeling activity or construction is
not covered. Failures or malfunctions
that result from failure to perform routine cleaning and/or maintenance,
improper previous repairs and/or missing parts, will not be covered.
19.
VACANT PROPERTIES: If a property is vacant and
utilities are not on at walk-thru, coverage will begin 10 days after all
systems and appliances have been activated, tested and determined to be
operating properly.
20.
CONTRACTORS’ WARRANTIES: BHWC
will warrant service performed while a contract is in effect as follows: 30 days labor and 90 days parts from
completion of the service call. Under no
condition will new service be initiated after the expiration date of the
contract without prior written approval.
21.
CANCELLATION: If no claims have been placed, contract
holder may cancel and receive full refund without penalty within the first 30
days after the effective date of the contract, or within 10 days of receipt of
the contract by the contract holder. In
the event the contract is cancelled by contract holder after the period
indicated above or after filing a claim, contract holder shall be entitled to a
pro rata refund of the paid contract fee for the unexpired term less any
outstanding balance on account and less a $25 administrative cost incurred by
BHWC. The right of a contract holder to
cancel contract pursuant to this section applies only to the original purchaser
of the contract. Contract is
non-cancelable by BHWC except for nonpayment of fees, fraud or
misrepresentation of facts material to the issuance of this contract; or upon
mutual agreement between contract holder and
BHWC. If contract is cancelled by
BHWC, contract will not be cancelled until at least 15 days after notice of
cancellation is mailed to the contract holder.
All requests for cancellation must be submitted to BHWC in writing.
BHWC LA SW 6-06