LandAmerica/Buyers Home Warranty Plan--California
Home Warranty Contract Issued by Buyers Home Warranty Company (BHWC)
YOU MUST FIRST CONTACT COMPANY 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. Certain paragraphs under “Limitations on
Liability’ could have an affect on coverage. PLEASE READ YOUR CONTRACT.
3. IS COVERAGE IN EFFECT? Has BHWC been paid? Has the contract expired? FOR
SERVICE CALL (800) 521-2492 or go to www.bhwc.com. REQUESTS FOR SERVICE
MUST BE MADE WHILE CONTRACT IS IN EFFECT.
4. Service contractor must be given access during normal working hours.
Our service department can be reached 24 hours a day, 7 days a week. BHWC will
normally respond to your request for service within 36 hours and within 48
hours if service is requested on a holiday or a weekend. Emergencies will be
handled as soon as possible (see OTHER SERVICE INFORMATION, paragraph #1
“EMERGENCIES” for the definition of an emergency). UNDER NO CIRCUMSTANCES WILL
BHWC PAY FOR UNAUTHORIZED WORK, OR REIMBURSE A CONTRACT HOLDER FOR SUCH WORK.
TRADE CALL: The contract holder is 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). The trade call fee is due and payable at completion of the service call. BHWC will provide no additional service if a prior trade call fee is delinquent.
Buyers Home Warranty Company (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, or are part of, the mobile home and were functioning in a safe and proper manner on the effective date of this contract see LIMITATIONS ON LIABILITY, paragraph #19 “Vacant Properties”. The term of this contract is six (6) or twelve (12) months. Items listed under "optional” will be covered only if the designated additional premium has been paid and coverage is acknowledged on the declaration sheet. Requests for service must be made during the term of the contract.
EFFECTIVE DATE
The effective and expiration dates are listed on the declaration sheet accompanying this contract. Coverage will begin at close of escrow provided the premium is received by BHWC within 14 days; if the premium is not received by BHWC within that period, the effective date will be the date the premium is received. BHWC will accept the premium up to 30 days after the closing without requiring an inspection. . Contracts or requests for additional coverage received more than 30 days after closing may be subject to a waiting period and must be accompanied by an inspection report or contractor certification showing all 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 premium is received before the expiration date of the previous contract. If payment of premium is received after the expiration date of the previous contract, coverage will begin 30 days after receipt of payment. BHWC may require an inspection of covered systems and appliances during this 30 day waiting period. The homeowner agrees to cooperate. (See LIMITATIONS ON LIABILITY, paragraph #17, “RENEWAL”)
KITCHEN APPLIANCES: BHWC will repair or replace a covered appliance
provided it was in place and functionally operable on the effective date of
this contract. The covered appliances are: 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 porcelain chipping, dents or
scratches; malfunctions of features such as racks, rollers, baskets, interior
linings, clocks, rotisseries, handles, knobs, buckets, lock & key
assemblies, shelves, self-cleaning mechanisms,or meat probes.
HEATING SYSTEM: BHWC will repair or replace the following types of
furnaces and heating systems, provided the system and/or furnace was in place,
functionally operable, and permanently installed within the mobile home on the
effective date of this contract: FURNACES: FORCED AIR, OR WALL. Repair or
replacement limited to $500 per 6 month contract or $1000 per 12 month
contract. Not Covered: Malfunctions caused by a failure to perform
routine maintenance, including, but not limited to, filter changes and
cleaning; registers; grills; built-in heat lamps; fireplaces and key valves;
wood or pellet stoves; oil, diesel, or kerosene units; 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: BHWC will repair or replace the following parts of
the mobile home electrical system, provided the item was in place, functionally
operable, and permanently installed within the mobile home on the effective
date of this contract: ELECTRICAL PANELS; BREAKERS; SWITCHES; PLUGS; REPAIRS ONLY
TO WIRING AND LOW VOLTAGE LIGHTING SYSTEMS.
Not Covered: Light fixtures; remote controls; stretched plugs;
replacement of low voltage lighting systems; smoke detectors.
PLUMBING SYSTEM: BHWC will repair leaks or breaks in water and gas lines
and will repair or replace parts of the plumbing system provided the parts were
permanently installed within the perimeter of the mobile home and in operable
condition on the effective date of this contract. Coverage extends to: WATER
HEATER (Gas/Electric, max 50 gal.); GAS PIPES; FLUSHING MECHANISMS. TOILET TANK
AND BOWL (builder’s standard white, not decorator); WATER PIPES; FAUCETS
(replaced with chrome builder’s standard on 4” centers when necessary);
DRAIN/WASTE PIPES within the mobile home. Not Covered: Water
conditioning equipment; landscaping or fire sprinkling systems; solar water
heaters; water heater flues and vents; water flow and/or capacity limitations
caused by rust, calcification and/or mineral deposits; water discoloration.
BHWC will not replace a water heater because of noise. Polybutylene plumbing
not covered due to manufacturer’s defect. For assistance call 1-800-876-4698
for resolution.
FANS: BHWC will repair or replace exhaust fan located in the kitchen or a bathroom provided the fan was permanently installed and functionally operable on the effective date of this contract. Not Covered: Attic fans and ceiling fans.
OPTIONAL COVERAGES
(Coverage Provided Only If Additional Is Paid)
ROOF
COVERAGE: BHWC will
repair leaks that occur after the effective date of this contract at the roof
marriage line, roof vent areas, and ridge beam cap, provided the leaks result
from rain water penetrating the roof due to normal wear and deterioration of
the building materials covering the roof. Repairs to roof will be limited to
$500 per 6 month contract or $1000 per 12 month contract. This contract is
limited to only those roofs that can be repaired. Under no circumstances will
the dollar limitation be applied towards 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 damage caused by leaks.
Not Covered: Those leaks caused by installations of awnings or
located at windows, and/or additions to mobile homes; leaks to roofs of patios,
carports, garages, and porches; leaks that result from or that are caused by
roof mounted installations; unworkman like 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; leaks manifested prior to the effective
date of coverage.
AIR CONDITIONING SYSTEM/EVAPORATIVE COOLERS: BHWC will repair or replace all components if the air conditioning or evaporative system was permanently installed and functionally operable on the effective date of this contract. 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 air handler, evaporative coil, transition, plenum, indoor electrical, duct connection, accessible refrigerant and condensate drain lines, and thermostatic expansion valve (coverage will not exceed the stated contract limit). Repair or replacement is limited to $750 per 6 month contract or $1500 per 12 month contract. NOTE: Replacements are sometimes subject to certain limits(see LIMITATIONS ON LIABILITY, paragraphs #6, #7, and #9). BHWC will pay for the recapturing of R-22 Freon or Puron only.
Not Covered: Malfunctions caused by a failure to perform routine maintenance, including, but not limited to, filter changes and cleaning; cooler pads; gas or propane air conditioning systems; inaccessible refrigerant lines 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; roof jacks or stands.
WASHER AND DRYER: Electrical or mechanical malfunction.
Not Covered: Cosmetic problems such as porcelain chipping, 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.
RED TAG OPTIONsm: If at the time of transfer of ownership a public utility company red tags a covered system or appliance declaring it unsafe to operate and declining to activate it - BHWC will repair or replace said system or appliance. Not Covered: Public utility red tag issued prior to the effective date of this contract. (See “Building Code or Government Regulation”, paragraph # 9 and “Vacant Properties”, paragraph #19).
OPTIONAL COVERAGES (CONTINUED)
KITCHEN REFRIGERATOR: Electrical or mechanical malfunction.
Not Covered: Cosmetic problems, such as chipping, dents or scratches; food spoilage; lights; interior thermal shells; insulation; multi-media center; ice makers or beverage dispensers filters; stand alone freezers.
FOR SERVICE CALL (800) 521-2492 or go to www.bhwc.com. REQUESTS FOR SERVICE MUST BE MADE WHILE CONTRACT IS IN EFFECT.
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 mobile home uninhabitable. Under no circumstance will the 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 local 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. UNDER NO CIRCUMSTANCES WILL BHWC PAY FOR UNAUTHORIZED WORK, OR REIMBURSE A CONTRACT HOLDER FOR SUCH WORK.
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: BHWC is not responsible for the cost of removing or replacing roof mounted air conditioning units. Nor is BHWC responsible for the cost of restoration of such items as wall coverings, paneling, floor coverings, counter tops, floor or ceilings to perform a covered service. 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. BHWC only agrees to restore surface to rough finish. If the repair requires any disassembling of the mobile home to perform service, BHWC is not responsible for these additional costs.
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, commercial, or non-standard systems are not covered. BHWC reserves the right to find, or have made, 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, 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. BHWC will upgrade a malfunctioning system or appliance if the contract holder has agreed to pay the additional costs, for which BHWC may request payment in advance. 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 close of escrow, or by a public utility company at the time gas or electric service is transferred to the contract holder, the defective system or appliance 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. 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, attempted or improper previous repairs, improper design or installation. Problems caused by the mobile home not being level will not be covered.
13. ELIGIBLE PROPERTIES: This contract covers a mobile home used only for residential purposes. A mobile home used for commercial purposes, or as a day care center, a rest home, a school, or for any other non-residential use will not be covered.
14. COMMON AREAS/COMMON SYSTEMS: When service is requested, the liability of BHWC is to repair covered systems within the covered individual unit owned or occupied by the homeowner named in this contract. This contract does not provide service to a system which serves more than one mobile home. Common grounds and facilities are excluded.
15. CONSEQUENTIAL DAMAGES: This contract does not provide coverage for damage caused to the mobile 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, yeast, mildew, virus, fungi, mold, or their spores, mycotoxins or other metabolic products.
16. RENTAL PROPERTIES: If the mobile home 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 mobile home owner and must designate the party responsible for the payment of any trade call fee before service is rendered.
17. RENEWAL/TRANSFER: This contract may be extended for an additional term. Contract holder must call BHWC prior to expiration for renewal information and current price. BHWC reserves the right to require an onsite inspection if the request to renew is received after the initial contract has expired. If renewed, contract may be another version filed with the California Department of Insurance. 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 through, 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 homeowner 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.
For Claims Service Call 800 521-2492 or go to www.bhwc.com
BHWC MH 7/2007