LandAmerica Home Warranty Plan
Issued by Best Home Warranty Company (BHWC)
YOU MUST FIRST CONTACT BHWC FOR SERVICE. WE DO NOT REIMBURSE OR PAY FOR REPAIRS MADE WITHOUT PRIOR APPROVAL.
BEFORE CALLING FOR SERVICE
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 after effective date. 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 for non-emergency service requests go to www.bhwc.com , or fax request to (800) 593-2359. BHWC is available to accept service requests 24 hours a day, 365 days a year. BHWC will dispatch a contractor or technician who will call you directly to schedule an appointment during normal working hours. BHWC will normally respond to your request for service within 36 hours, and within 48 hours if service is requested on a holiday or weekend. Emergencies will be handled as soon as possible (see LIMITATIONS ON LIABILITY, paragraph #1 “EMERGENCIES,” for the definition of an emergency). 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 contractor 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. BHWC will pay only its usual and customary repair cost for covered repairs, 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. Buyer’s 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. During this 30 day period, the Buyer may purchase optional coverage, which will be effective upon receipt of payment by BHWC and will expire on the expiration date of the standard plan.
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 begins on the first anniversary of the close of sale and continues for four years from that date, provided the New Construction Plan fees are received by BHWC within 14 days from the close of sale. All covered items must be in good working condition at the time coverage begins on the first anniversary after the close of sale. Optional Seller’s Coverage, when selected, begins upon acceptance by BHWC and continues for 180 days, close of sale, or listing termination (whichever occurs first). Seller’s coverage only covers the Standard Plan items and if selected, Termite Treatment, Maximum Upgrade, and Garage Door Opener. Seller’s Coverage is not available on multi-units, homes over 5,000 square feet, or for sale by owner transactions. When the Optional Seller’s Coverage is selected, the heating, air conditioning, and ductwork are limited to a combined aggregate of $1,500.00 maximum during listing period for diagnosis, repair and/or replacement. Seller’s Coverage period may be extended at the sole discretion of BHWC. Pre-existing conditions are not covered for the seller.
COVERED SYSTEMS / APPLIANCES
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; BUILT-IN FOOD CENTER. Not Covered: Cosmetic problems, such as chipping, dents or scratches; trim kits; racks; rollers; baskets; lights; interior linings; clocks; rotisseries; handles; knobs; buckets; lock & key assemblies; shelves; removable accessories; 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 in the course of providing a covered repair, BHWC determines that upgrades to a ducted heat pump system are required to comply with 13 SEER and/or 7.7 HSPF requirements, BHWC will replace 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. Repair and replacements to hot water, hydronic, glycol, lithium, oil, diesel, radiant and gravity flow systems are limited to $1,500. Not Covered: Inaccessible refrigerant and condensate lines; registers; grills; built-in heat lamps; fireplaces and key valves; wood or pellet stoves; cable heat (in ceiling); geo-thermal systems; 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.
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; BUILT-IN WALL UNITS. If in the course of providing a covered repair, BHWC determines that upgrades to a ducted air conditioning system are required to comply with 13 SEER and/or 7.7 HSPF requirements, BHWC will replace 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. BHWC will cover fees associated with the use of cranes required to service roof-top air conditioning units. Not Covered: Cooler pads; 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; portable room or window units; registers; grills; stands; locating leaks to ductwork; diagnostic testing of ductwork when required by law or when replacing equipment.
ELECTRICAL SYSTEM: ELECTRICAL PANELS; SWITCHES; PLUGS; CENTRAL VACUUM SYSTEMS; SMOKE DETECTORS; REPAIRS ONLY TO WIRING AND LOW VOLTAGE INTERIOR LIGHTING SYSTEMS. Not Covered: Light fixtures; remote controls; stretched plugs; removable attachments, accessories, hoses or central vacuum blockages; meter and base; replacement of low voltage lighting systems; energy management or lighting & appliance management systems.
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: Fixtures; faucets; hose bibs; water conditioning equipment; landscaping or fire suppression systems; sewage ejector pump; main shut off valve; solar water heaters; water heater flues and vents; water flow restrictions in fresh water lines; 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 repipe the dwelling.
DRAIN LINES: BHWC will clear mainline stoppages that can be cleared through an existing cleanout without excavation. Not Covered: Hydro-jetting; broken or collapsed sewer lines outside the foundation; stoppages or roots that prevent the effective use of an externally applied sewer machine cable; removal of toilet; costs to install a ground level cleanout.
PUMPS: SUMP PUMPS; RECIRCULATING PUMPS. Costs to repair and/or replace pumps are limited to $500. Not Covered: Septic system; jet pump; aerobic pump; sewage ejector pump.
FANS: Kitchen/bathroom
exhaust fans; attic fans; whole house fans; and ceiling fans. Fans will be
replaced with builder’s standard (not deluxe or premium).
Not Covered: Noise;
wobbling; light fixtures; remote transmitters.
OPTIONAL COVERAGE FOR BUYERS AND SELLERS
The Seller must agree to additional payment in order to receive the following optional coverage. The buyer is covered for the following optional coverage when additional payment has been made at closing.
MAXIMUM UPGRADE OPTION: The following items (which are excluded under the standard contract) will be covered under the terms and conditions of the contract:
KITCHEN APPLIANCES: Trim kits; racks; rollers; baskets; interior linings; clocks; rotisseries; handles; knobs; buckets; lock & key assemblies; self-cleaning mechanisms; and shelves.
HEATING SYSTEM: Registers; grills; built-in heat lamps.
PLUMBING: Faucets (replaced with chrome builder’s standard); hose bibs; shower heads and arms (replaced with chrome builder’s standard); toilets replaced with like quality up to $600 per occurrence; water heater sediment.
FANS: Replacement of ceiling fans will be with like quality.
GARAGE DOOR OPENER: Springs; remote transmitters; hinges.
AIR CONDITIONING: Registers; grills; disposable filters.
LIMITED CODE UPGRADES: BHWC will pay up to $250 in the aggregate to correct code violations and/or code upgrades in relation to a covered heating, air conditioning, electrical, plumbing, or water heater service if necessary to affect repair or replacement. BUILDING PERMITS: BHWC will pay the cost for obtaining necessary permits for approved repairs and replacements up to $250 per occurrence. REFRIGERANT RECAPTURE: BHWC will pay for the cost of refrigerant recapture, reclamation and disposal when necessary.
DISPOSAL COSTS: BHWC will pay the costs to dispose of an old system or appliance being replaced under this contract. MISMATCHED/IMPROPER INSTALLATION: BHWC will repair or replace a system that was improperly installed, modified, repaired, or was not properly matched in size or efficiency at any time prior to or during the contract term, provided the system is not undersized for the home. If said system violates a code requirement, the $250 code limit applies.
SUBTERRANEAN TERMITE TREATMENT (Available only in Texas): BHWC will arrange for a Structural Pest Control licensee to treat homes under 5,000 square feet, using the partial treatment method, as defined by the Texas Structural Pest Control Board Regulations. Not Covered: Preventative treatments; baiting; infestations outside the main foundation of the home or attached garage; decks; fences; repair of the damaged areas.
NOTE: Trade call deductible for this coverage is a one time fee of $200, plus applicable sales tax. Repeat visits during the 12-month coverage period, if needed, are free of charge. This coverage is non-renewable, and not available on direct to consumer contracts or in states other than Texas.
GARAGE DOOR OPENER: Electrical or mechanical malfunction. If replacing, BHWC will install system of comparable capacity and one that conforms to applicable legal standards. Not Covered: Doors; springs; remote transmitters; keypads; hinges.
OPTIONAL COVERAGE FOR BUYERS
The buyer is covered for the following optional coverage when additional payment has been made at closing.
RELOCATION/ALTERATION OPTION: BHWC will pay up to $1,000 aggregate (combined limit for the term of the contract) to perform equipment relocations and/or alterations that BHWC deems necessary to effect covered repairs and replacements to heating, air conditioning, or water heaters. Coverage extends to: structural items; access issues; vents; pads; stands; roof jacks; outside electrical; inaccessible refrigerant lines; inaccessible condensate 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, including ice makers and beverage dispensers. Not Covered: Insulation; racks; shelves; handles; lights; interior thermal shells; filters; food spoilage; stand alone freezers; refrigerator/stove combination units; multi-media center; refrigerators located outside the kitchen area. NOTE: Coverage for diagnosis, access, repair or replacement of built-in kitchen refrigerators is limited to a maximum of $5,000. WASHER AND DRYER: Electrical or mechanical malfunction. Not Covered: Cosmetic problems, such as chipping, dents or scratches; plastic mini-tubs; soap dispensers; “all in one” wash/dry units; filter and lint screens; venting; damage to laundry.
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. This contract is limited to only those roofs that can be repaired. Under no circumstances will the dollar limitation be applied toward replacement. 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; 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 TANK PUMPING: In the event a drain stoppage is due to a septic tank backup, BHWC will pump one septic tank, one time only. Not Covered: The cost of finding or gaining access to the septic tank; chemical treatments; leach lines; septic system pumps; cesspool.
SEPTIC SYSTEM/SEWAGE EJECTOR PUMP: Aerobic pump; sewage ejector pump; jet pump; septic tank and line from house. Not Covered: Tile fields and leach beds; leach lines; lateral lines; insufficient capacity; clean out; pumping. 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.
LIMITATIONS ON LIABILITY
1. EMERGENCIES: BHWC will consider a request for service to be an emergency ONLY if, in the opinion of BHWC, the malfunction renders the house uninhabitable. Under no circumstance will failure of an appliance be considered an emergency. In the event BHWC determines that a malfunction has created an emergency, 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 inadequate, 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 manufacturer 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 additional trade call fees to the contract holder.
9. BUILDING CODE OR GOVERNMENT REGULATION: If building codes, Consumer Product Safety Commission standards, or government regulations prevent BHWC from repairing or replacing a system or appliance with like capacity 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, correcting existing code violations, hazardous material removal/recapture and for any changes required by law.
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: Contract coverage will be extended to 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 corrosion are excluded during the Seller’s Coverage period. Defects found at the time of a home inspection report are excluded from coverage until proof of repair is received 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, lightning, 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 day care center, fraternity/sorority house, rest home, or a school or for any other non-residential use will not be covered.
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 or 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 damage. BHWC is not responsible for any claim arising out of any pathogenic organisms regardless of any event of 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. Contract 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 installation and/or design, or 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: This plan is non-cancelable by BHWC, except for non-payment of contract or trade call fees, for fraud or misrepresentation concerning any material fact pertaining to the coverage provided in this contract, or upon mutual agreement between the contract holder and BHWC. If the contract is cancelled, the contract holder shall be entitled to a pro-rata refund of the paid contract fee for the unexpired term less service cost, less a $25 administrative charge. All requests for cancellation must be submitted to BHWC in writing.
BHWC LA TX 9-2007