Terms and Conditions 2021
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Home Maintenance (Terms & Conditions)
Home Side Assistance services are for providing you with informational driven services, limited to virtual telephone oriented, email or online tasks. Our consultants will not physically provide any work such as contractor or professional services. In addition, concierge requests do not include providing any secretarial services such checking email, creating spreadsheets or placing postings online. Other than that, we can find, research, book, call, remind, order online and do just about everything else you'd like for us to do on your behalf. Limitation of Liability In no event will hold HomeMembership, any of its partners, providers, affiliates, including their respective officers, directors, employees or representatives, liable for any indirect, incidental, compensatory or punitive damages or damages resulting from property damage or liability from the results of use of the service. You agree to indemnify, defend and hold harmless HomeMembership, its service providers, and each of their subsidiaries, affiliates, officers, directors, shareholders, beneficiaries, members, partners, employees, consultants, attorneys and agents and their respective successors and assigns, if any, (collectively the "Indemnified Parties") from and against all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys' fees and costs) arising from or relating to your use of the Services . Recommendations of third-party vendors are at your own risk and HomeMembership shall not be held responsible for any dissatisfaction from any service or merchandise. The decision to use any third-party service vendor is totally your own and is only a recommendation by us and holds no guarantees for satisfaction. All complaints, refunds, etc. should be directed to the specific vendor and not to HomeMembership. The concierges' comments and recommendations presented are based on research and opinions collected by the concierges and are subject to change at any time. In addition, all responses will be provided based upon REASONABLE research and efforts on behalf of our staff and other members feedback. We do not recommend utilizing our services for financial, legal, tax or other sensitive matters. We use all reasonable endeavors to monitor the goods and/or services provided by our service partners, but we cannot accept responsibility for any loss, liability or cost incurred by you as a result of any acts or omissions of service partners nor can we guarantee the accuracy of information supplied to you by service partners. No guarantees can be given on behalf of any service partners. You shall require seeking compensation for any loss or damage suffered directly from the service partner.
Lockout / Locksmith Service
If you are a HomeMembership member and you become locked out of your home, you can receive up to $100 in locksmith services to pick or drill the lock to gain access to your home from the outside. Home lockout service is reserved for a HomeMembership member’s primary residence only and excludes all other buildings or locked areas. The service provides up to $100 for the cost of rekeying, changing locks or making a new key only when the lock must be drilled to gain entry to the home or if keys are lost or stolen. Any charges in excess of $100, as well as all charges associated with any other residential locksmith services, are at the expense of the member. Home lockout service is limited to one (1) usage per HomeMembership household per membership year. Home lockout service is not transferable to any other person. The HomeMembership member must be present at the time of service. Identification and proof of residence is required. In the case of rental property, approval of the property owner may be required. Service is provided by independent locksmiths and is subject to availability; if HomeMembership cannot dispatch service, the member will be referred to a commercial locksmith and will be reimbursed for covered service up to $100. Locksmith arrival time is based on locksmith availability. Pre-negotiated discounted rate for our members will provide up to $100 max limit for this service.
Water Heater Flush/Maintenance
Annual (One) Water Heater (up to 50-gallon tank only) located in the confines of the home, additional units not purchased with the plan will be charged at service providers regular rate. Hard to access units may be subject to an upcharge. Member will be notified of any upcharges before work begins and be responsible for those charges or forgo service. Any repairs, replacement parts or upgrades are not included. This service if for (1) one standard cleaning and flush only. Pre-negotiated discounted rate for our members will provide up to $100 max limit for this service. Additional units can be serviced on the property with an additional upcharge fee, members can select additional units when they purchase the maintenance package.
Annual Smoke Detector Battery Change Out
Annual (One) Smoke detector battery change outs are for up to 6 smoke detectors either hard wired or standalone that use a standard 9-volt battery. Smoke detectors that are encased or require a 10-year lithium ion battery are not covered under this plan. Members are responsible to request this service. HomeMembership is not responsible for keeping logs or records on battery change out for members and in no way will be liable for any damages resulting in bodily injury or property damage for failure to request. Includes annually up to (4) standard sized smoke detectors using and standard 9-volt batteries, service includes batteries Anything over 6 units will be charged at service providers regular rate. As this is a THIRD-PARTY SERVICE, we are not responsible for examining or evaluating any services offered by any third parties whose icons, products, advice, services or hyperlinks appear on the site. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party HomeMembership is not liable for any service done that as a result may cause bodily injury or property damage. Pre-negotiated discounted rate for our members will provide up to $100 max limit for this service.
Cleaning includes one- or two-story homes up to 3,000 above grade square feet. Three story homes or a two-story home with a high reach (two story home with a high reach or three story would be 25 ft or higher from ground level) ) are not included in this service and would be considered an upcharge to be billed directly to member. A market standard cleaning includes cleaning out leaves and debris clogging gutters and bagging the waste and flushing the entire system. Any repairs, replacement parts, upgrades or homes that are larger than 3,000 above grade square feet are not included. Member will be notified of any upcharges before work begins and be responsible for those charges or forgo service. Please see “third party services” in terms for scheduling and cancelling information.
HVAC One Seasonal Maintenance Check
HVAC annual (1) one seasonal maintenance check for (1) one unit (Furnace or AC unit) will be a standard industry maintenance and check. The following can be expected for this service. Anything additional would be at the cost of the member: Clean and adjust burner assembly; Clean ignition assembly; Monitor refrigerant pressure; Test started capabilities; Test safety controls; Clean and replace standard air filters; Tighten electrical connections; Measure volts and amps; Clean condensate drains; Measure temperature difference; Clean outside unit. Anything involving repair work discovered during the course of the maintenance would not be covered, the member would be responsible for the costs involved for additional services. Pre-negotiated discounted rate for our members will provide up to $100 max limit for this service. Additional units can be serviced on the property with an additional upcharge fee, members can select additional units when they purchase the maintenance package.
Annual Dryer Vent Cleaning
Annual (One) Dryer Vent cleaning is for one vent only located in the confines of the home, additional units will be charged at service providers regular rate. Hard to access units may be subject to an upcharge. Member will be notified of any upcharges before work begins and be responsible for those charges or forgo service. Any repairs, replacement parts or upgrades are not included. This service if for one standard cleaning only. Pre-negotiated discounted rate for our members will provide up to $150 max limit for this service.
(12) months furnace filters will be sent when add on is purchased. Only standard sized filters sold in the marketplace will be sent based on size selected. Specialty filters, and non-standard sized filters are not included in price. From the time order is placed shipping could take 15-45 days depending on stock and if size is on backorder.
Bathroom Exhaust Fan Cleaning
This service includes up to (2) two bathrooms Not included in this service are areas of heavy build up that have been neglected and hardened which may take a few visits to remove, Kitchen exhaust fan is not included. Only one standard cleaning and visit is included with this service, all subsequent visits would be the members responsibility. Any repairs, replacement parts or upgrades are not included. Member will be notified of any upcharges before work begins and be responsible for those charges or forgo service. Please see “third party services” in terms for scheduling and cancelling information.
Cleaning is for (1) one standard cleaning for an open fireplace only. Stoves or fireplace inserts are not included in this service. Standard cleaning means a scrape of all the coating that has built up from fires off of the chimney lining so that it falls down the chimney to be vacuumed and swept away. Any repairs, replacement parts or upgrades are not included. Member will be notified of any upcharges before work begins and be responsible for those charges or forgo service. Please see “third party services” in terms for scheduling and cancelling information.
All Third Party Services (including - Seasonal HVAC Maintenance & Inspection, Emergency HVAC Response, Annual Dryer Vent Cleaning, Smoke Detector Battery Change Out and Annual Water Heater Maintenance)
Any service that requires scheduling an appointment must be done in the first 11 months of policy period, the last 30 days of the plan is considered the renewal period and service appointments will not be scheduled. When a member schedules their appointment if they cannot keep it or need to reschedule, they must call service provider to cancel. If the member does not reschedule and the provider goes to their home this will still be considered using their service for the year even though no work was performed. For battery change out service, if a member schedules an appointment with the provider to check if batteries need to be replaced and no work was done. This would also still count as the service for the check even though batteries were not changed. HomeMembership is not responsible for scheduling appointments with the third party servicer or the time frame in which the appointment can be set up in. The service and the time it may take for the service to be done is solely between you and service provider. We are not responsible for examining or evaluating any services offered by any third parties whose icons, products, advice, services or hyperlinks appear on the site. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, damages, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the service provider any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party. We are not involved in any actual transaction between any site user (including any so-called "expert", "moderator", "blog-editor" or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any site user and third party relating to or arising out of any transaction between such parties. We urge site users and third parties to cooperate with one another to resolve any such disputes.
Changing of /or New Service Offerings
HomeMembership and its partners from time to time, may contact you to offer other new services to enhance and add value to your HomeMembership experience. This may be through phone or email that you provide us when you joined.
Any plan or service not redeemed during the membership term is not subject for refund.
- All plans are annual contracts and billed annually or monthly to the members checking account or credit card. Receipt of notification is not required by the member for the plan to continue to renew.
Plans automatically renew every year and will not be canceled unless the member notifies HM via email ([email protected]) or U.S. Mail with their request to cancel. If any third party service has been rendered for the member and paid for by HomeMembership, member will still owe the balance of the annual contract before cancellation takes effect and non-renews.. If no third-party services have been used the member can cancel and all payments and coverage will cease at the end of canceling month. Third party services include but not limited to HVAC Maintenance, Emergency HVAC Response, Dryer Vent Cleaning, Locksmith Service, Smoke Detector Battery Replacement.
- If member uses a service provider not contracted with HM, we will reimburse member up to their service limit for the actual amount paid, with a company paid receipt. Add-on services would be reimbursed for the actual amount paid up to the service plan cost with a company paid receipt. Member is required to call HM first to be set up with one of our contracted providers, only when it's not available can member go outside of our network and use an out of network provider.
WIFI Performance Service
Services include a comprehensive walk-through measuring your WiFi strength and diagnostic software to identify problem areas. One (1) performance check per contract term allowed at the home address listed when member signed up for the Maintenance Package. HomeMembership makes no warranties of any kind, either express or implied, regarding this information, including warranties of its accuracy. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you and HomeMembership cannot guarantee the continued availability of any particular component of the Services. You specifically acknowledge that HomeMembership is not responsible or liable for any unauthorized access to or alteration of your materials, data or other transmissions entered into through the Services or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights. Pre-negotiated discounted rate for our members will provide up to $75 max limit for this service.
Home Warranty (Terms and Conditions)
A SERVICE OVERVIEW
- In accordance with the terms of the Service Contract, HomeMembership, hereinafter referred to as HM, We, Us, or Our, agrees to repair or replace systems and appliances mentioned as covered for the Seller, Buyer, Direct Consumer (Homeowner), FSBO, hereinafter referred to as You, Your, They, Member, Client, Holder. HM offers home service contracts, which are not warranties. Terms may vary by state. HM reserves the right to revise this agreement at any time and you are deemed to be apprised of and bound by any changes to this agreement.
- HM will provide service on listed covered systems or appliances that:
- a) are installed and located within the perimeter of the Main Foundation and Garage (attached). Additional living space in garages or separate from main home are not covered unless additional Option chosen. Systems or appliances located on the exterior or the outside of the home (including porch and patio) are not covered. Any additional detached structures are not covered unless specified as an option. Only finished homes are eligible for coverage, unfinished homes do not qualify for warranty coverage.
- b) were properly installed, have a current city/state inspection sticker and are in good and safe working order on the Effective Date of this Contract.
- c) have become inoperable due to normal usage after the Effective Date of this Contract.
- d) are reported during the term of this Contract.
- This Contract does not cover defects known prior to the Effective Date of coverage. Known defects are excluded from coverage until proof of repair(s) is received by us. Direct consumer memberships purchased online will only cover items that are less than twenty years old. This WOULD NOT apply to real estate transaction memberships or to members who already have a membership and upon renewing each year caused their system or appliance to exceed twenty years of age. New home closings that do not have a home inspection done may be subject to a partial payout or denial on any claim.
- Coverage is for Home Buyer/Seller Single Family Dwelling/Homeowner/FSBO less than 5,000 sf. Coverage for homes over 5,000 sf. requires additional fees in the amount of $100 for every additional 1,000 sq. Ft. Coverage is for owned residential properties, not commercial properties or residences used as businesses (including daycares, nursing homes, etc.) All warranty plans pertain to single family homes, condominiums, or townhomes. No coverage for rental homes, multi-family or commercial. Homes that have an active warranty in place cannot be vacant for more than 30 consecutive days for coverage to apply. Home must be lived in continuously, If property was not lived in continuously for a period beyond the initial 30 days any claims can be denied by the warranty company.
- Where the premises covered by this Contract are a condominium or multiple units, obligations are limited to the confines of the unit. Common equipment is not eligible for coverage. Damage to items in your unit are not covered if caused from other units in condominium complex.
- Pricing, fees, terms, and coverage listed are for properties involved in a resale Real Estate transaction, direct consumer (Homeowner) or For Sale by Owner (FSBO). Some Homeowner and FSBO pricing, fees, terms and coverage may differ and will be marked by asterisks (*Homeowner and *FSBO).
- This contract/brochure is an exemplification of coverage. The contract you receive from HM at inception may differ from prior marketing material. HM cannot honor preceding marketing/contracts that have been dissolved.
- Direct Consumer memberships have a 30-day review and question period. The purpose of the 30-day review is to allow new members a sufficient amount of time to ask questions and fully understand the terms of their membership. Our priority is making sure our members receive the utmost clarity, so we encourage our members to ask questions, so they fully understand their service contract and to make sure they have selected the proper membership plan and add-on coverages for their home. If a member decides to cancel during their 30-day period, all payments are fully refundable.
- If the part or service required does not affect the functioning of the working unit, it is not covered. This Contract covers only the items mentioned as covered and excludes all others. Coverage is limited to one system or appliance (unless specifically noted or additional options purchased). Buyers and Direct Consumer (Homeowner) may purchase Optional Coverage up to 30 days after the Effective Date of Coverage; however, coverage shall commence upon receipt of payment and will expire one year after the Effective Date of Coverage. New Construction Contract: Optional Coverage must be purchased within 30 days after Close of Sale and becomes effective one year after the Close of Sale. For service or to order additional Buyer Options please call or process online.
- Payment made on this contract authorizes HM to contact you by phone, mail, and/or electronically for any other products or services offered by HM.
- HomeMembership reserves the right to request an itemized receipt in order to issue reimbursement checks.
- We may contact our members via social media or other outlets including but not limited to, Phone, Email, Text, Voicemail, Direct Mail, and others.
- Only items noted by the home inspector to be in good operational condition would be covered. Anything the inspector recommends being repaired, replaced, or further evaluated would not be covered unless the seller or buyer has proceeded with the repair/replacement of said items or can provide a paid invoice showing an evaluation of approval by a licensed company.
B CONTRACT EFFECTIVE DATES
- Buyer's Coverage: becomes effective at Close of Sale and is in effect for one full year. (Payment must be received within 14 days after Close of Sale for coverage to be active. An order made via the HM website, phone app, or call in, is only active if payment is received within 14 days after closing.) If payment is not received within 14 days after closing, coverage will not be active on property and any pre-existing claims will not be covered. If payment is received at a later date, the new effective date will be the day the check is received by HM. It is the responsibility of the closing company and the real estate agents involved to confirm payment has been received by HM. The two year special purchase option is for realtor closings only, this offer is not extended to direct consumer, renewals or FSBO.
- Seller's Coverage: The Listing/Escrow Period becomes effective the day the application is received by us, and continues until the expiration of the Initial Listing Period (up to 180 days), Close of Sale, or Listing Termination, (whichever occurs first). Seller's Coverage is not available on multiple units. In the event Close of Sale does not occur in the 180-day period, we may, at our sole discretion, extend the Seller's Coverage period. Should close of sale not occur, any charges or claims filed will be charged in full to the Seller less any deductibles. Pre-existing conditions are not covered for the Seller. Seller’s coverage does not extend to items the Buyer asks Seller to repair or replace as part of the Buyers request for repairs. Coverage provided for Home Seller's on any one system is subject to a $500 maximum diagnosis, repair or replacement limit during the Seller's Coverage Period. All Limitations of Liability apply.
- Direct Consumer / Homeowner: Coverage becomes effective for one year after the 30-day review and question period Coverage will start exactly 30 days from the date payment is made.
- For Sale By Owner / FSBO: Are required to submit a completed home inspection that is no more than 30 days old or order an HVAC inspection through HM. Once home inspection or HVAC inspection is completed, it can be uploaded during check out for FSBO membership. Coverage becomes effective for Buyer the day of closing. It’s the responsibility of the Seller to notify HM of the closing date and the home purchaser's information. (*FSBO coverage only extends to the Buyer of the property and does not warrant any coverages for the Seller while for sale. If Seller is unable to sell their home, but has purchased a FSBO membership, HM will fully refund FSBO cost of the membership upon notice.)
C TO REQUEST SERVICE
- We are available to accept service requests 24 hours a day, 365 days a year. All service requests should be made rough our website or through our member portal. Any question or inquiry on an existing claim or general claim questions should be sent to [email protected]
- When you submit with a Service Request, we will contact an Independent Contractor who will contact you to schedule a convenient appointment during normal business hours.
- Under normal circumstances, HM will initiate the performance of services within 96 hours (4 Business Days) we always try to have our member serviced within 48 hours, but we do not guarantee a time of service. Regular business hours are 8:30 am to 5:30 pm (EST) Monday - Friday. All claims filed after 5:30 pm (EST) Monday-Friday will be scheduled the next business day during regular business hours. Only HVAC claims received on Saturdays before 2:00pm (EST) will be dispatched to a technician and accompany a $150-weekend rate when approved by member. All other claims received outside of regular business hours, will be scheduled on the next business day and accompany a $100 deductible. Once scheduled, you will receive a window of time for the service provider to arrive. Be sure to give service provider your correct information and answer all phone calls from unknown numbers as it may be the service provider calling to confirm service. After several attempts to contact you and no answer, you will be rescheduled on the next available business day. Also, please allow an additional 30-minute grace period outside of the scheduled service providers window of given arrival time before you email [email protected] on the status of your service provider.
- We require you to contact us so we may have the opportunity to select an Independent Contractor to perform the service. We will not reimburse you for services performed by your own contractor without prior authorization.
- Each Service Request placed will pertain to one covered item, additional covered items opened within the same Service Request will be subject to an additional $100 Deductible. Deductible is due whether service is covered or denied. Any promotional deductibles do not apply to weekend, after hours, holidays or emergency calls. Calls on the same claim within 30 days of original claim will not be charged an additional deductible unless it is a different component issue/failure, after the 30 days a new $100 will be charged. It is the Contract Holder's obligation to select the trade type when requesting service. In the event the Contract Holder selects the wrong trade type, the Contract Holder is required to pay a second Deductible to re-dispatch the appropriate service request. We cannot respond to a new Request of Service until all previous Deductibles are paid. Failure to pay the Deductible will result in suspension of coverage until such time as the proper fee is paid. At that time, coverage will be reinstated, but the contract period will not be extended. If an additional service request is made and the problem is deemed operator error, member will still need to pay the $100 deductible. If member has scheduled an appointment with service contractor and the member has not contacted HM direct within 2 hours of scheduled appointment to cancel, member will still be responsible for paying the $100 deductible to contractor for any No Shows, Failure to Call, Failure to Cancel, Not Home, or any other related situation that does not allow service contractor to perform repair at the time of the scheduled appointment. If member attempts to reschedule a second appointment for any of the reasons mentioned above, they will need to pay the original $100 deductible and pay a new $100 deductible before any services will be performed.
- To ensure you receive reputable and unbiased service, we have built an extensive network of Independent Contractors who provide service to our Contract Holders. Our network, however, is not all-inclusive for every trade, in every town. For that reason, we may authorize or require you to contact your own Independent (out of network) Contractor directly to obtain service. HM requires that the service provider diagnose your problem, and then contact HM for approval of the proposed work. The contractor must be licensed and bonded.
- It is the Contract Holder's responsibility to have the Area of Service Work free and clear of non-related items for the Independent Contractor. In the event the area is not accessible the contractor will return at a later date and the Contract Holder will be responsible for an additional Deductible.
D THIS CONTRACT DOES NOT COVER:
- Repairs or replacement required as a result of Fire, Freeze, Flood or other Acts of God, Accidents, Vandalism, Improper Installation, Cosmetic Defects, Design Flaws, Manufacturers' Defects, Structural Defects, Power Failure, Shortage, Surge, Overload or Inadequate Capacity, Rust or Corrosion, Water Damage, Self-diagnoses and/or repair.
- Failure to Clean or Maintain, Improper Previous or Attempted Repair, Routine Maintenance, Odors, Noises, Damage due to Pests or Pets, Neglect, Misuse, Abuse, Missing Parts, or Adjustments.
- HM is not responsible for Consequential or Secondary Damage (including Consequential Damages due to a Service Contractor's conventional repair efforts of the primary item) nor for failure to provide timely service due to conditions beyond our control; including but not limited to, part or equipment delays or labor difficulties. Additional work performed by the independent service contractor or a secondary company they contract for you, will be at your sole cost and risk. HM will not have any liability or monetary responsibility.
- HM does not cover systems or appliances classified by the manufacturer as Commercial, Commercial Equipment modified for domestic use, or single-family dwellings used for commercial purposes.
- You are responsible for providing 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 filters and cleaning of evaporator and condenser coils. HM will not clean or maintain regular maintenance to any covered item.
- HM is not, under any circumstances, responsible for the diagnosis, repair, removal or remediation of Mold, Mildew, Rot or Fungus, or any damages resulting from or related to Mold, Mildew, Rot or Fungus, Water Damage, even when caused by or related to the malfunction, repair or replacement of a covered system or appliance.
- HM is not responsible for additional charges to remove or install systems, appliances, or non-related equipment in order to make a covered repair; nor do we cover the cost of restoration of drywall, plaster, wall coverings, floor coverings, countertops, etc.
- HM does not cover cost for cranes or other lifting equipment.
- CODE UPGRADES/TOXIC MATERIALS/PERMITS/DISPOSAL: If upgrades are required, HM cannot perform service until you complete corrective work. If additional costs are incurred in order to comply with regulations, we will not be responsible for the added expense, nor will we pay any cost relating to permits. HM will not perform services involving hazardous or toxic materials including, but not limited to, Asbestos, Mold, Lead Paint, or Sanitation of Sewage Spills, nor will we pay costs related to recapture and/or disposal of Refrigerator/Freezer Refrigerants, Contaminants, Hazardous or Toxic Materials, Systems or Appliances, nor do we pay cost related to recapture, recovery, recharge and/or disposal of any refrigerants (freon), contaminants, hazardous, or toxic materials systems or appliances.
10.REPAIR/REPLACEMENT/UPGRADING: HM is not responsible for delay in obtaining parts or replacement equipment. We reserve the right to repair and/or replace systems and appliances with non-original manufacturer's parts, including rebuilt or refurbished parts. We reserve the right to obtain a second opinion at our expense. We will not upgrade any covered item. We are responsible for providing installation of equipment comparable in features, capacity and efficiency, but not for matching in dimensions, color, or brand. We are not responsible for the cost of construction, carpentry, or other modifications made necessary by existing or installing different equipment. We reserve the right to provide cash in lieu of repair or replacement in the amount of our actual cost of the part. HM will not upgrade or replace a unit if a part is not available, a cash payment will be made to the member for the cost of the part. If the cost to repair covered item supersedes the maximum limit amount, HM reserves the right to pay contract holder the current market value of covered item in lieu of repairs. Payment will be provided based on our negotiated rates with our Independent Contractors and Supply Warehouses, which may be less than retail. If Contract Holder accepts cash towards replacement of covered item, item will be valued based off today’s fair market value of said item. We are not responsible for work performed once you accept cash in lieu of service. If we provide reimbursement or cash in lieu of service, the approximate time to issuance of a check is 10 business days. All maximum and limit amounts are per contract term and include all previous amounts paid, we do not cover any products which can be controlled by a phone, tablet, smart speaker or other Wi-Fi/internet connected devices.
11.For coverage to apply to REO, Bank Owned, Short Sale, As-Is, or Foreclosed properties: Buyer would need to complete a home inspection and have the Seller repair or replace any pre-existing conditions. If Seller will not repair or replace items that were deemed insufficient in the home inspection report, these items would not be covered during the life of the warranty Contract.
12.HM is not responsible for upgrades, components, parts, or equipment required due to the incompatibility of the existing equipment with the replacement system, or appliance, or component, or part thereof, or with 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 (except noted in Air Conditioning/Heating).
13.This Contract excludes any service, check-up, maintenance or replacement performed by another company on a covered product without written authorization by HM. Improper repairs or installation of equipment prior to Contract is not covered. If Contract Holder contacts third party vendor to look at covered item prior to HM approval, HM could deny coverage for that occurrence. If problem to covered item is on an appliance or operating system that is less than one year old or still under a manufactures warranty. Service call for said item should be made directly to manufacture of covered item or to the vendor who installed covered item. Members who accepted, received, or purchased warranty coverages or supplemental coverages for items covered/inspected by a third-party (i.e., Home Inspector, Plumber, Electrician, etc.) should make claims with third-party first. Third-party coverages will take precedence over home warranty coverages provided by HM.
14.Coverages, incentives or promotional packages that were offered, but have since expired.
15.Seller/Buyer coverage cannot be placed on listed homes if they plan to be or have been vacant for more than 30 consecutive days. Buyer coverage can be placed if a formal home inspection is completed by Buyer and Seller has made necessary repairs or replacements of items covered in package choice.
16.If a home inspection is performed on covered property and the Heating and Cooling systems are not tested as part of the inspection or cited as past life expectancy, HM may apply depreciation to repair or replacement. Non-testing due to outside temperature does not void these terms.
17. Warranty coverage only covers breakdowns or failure to operate. HM does not warrant temperature differential, insufficient capacity, efficiencies, or failure of the HVAC system to maintain temperatures in extreme weather. Nor do we cover inadequate insulation or reimbursement of subsequent deductibles because of items listed above.
18.Cost associated to access hard to reach A-Coils, Furnaces, or any other covered items deemed not accessible by service provider. Cost to hire a third party or for our service provider to access and rectify would be the responsibility of the contract holder.
19.Any expense incurred by contract holder not specifically mentioned as a covered item in this contract. Including, but not limited to: Food spoilage, Relocation, Traveling, Animals, Kennel, Living Expenses, Gas, Meals, etc.
E COVERAGE DETAILS
Primary Gas, Oil or Electric Heater, Radiant Heater, Heat Pump, Thermostat, Ductwork only as part of a new install (including Geothermal and/water source heat pump components and parts located within the foundation of the home or attached garage which cool and/or heat the home). Outside Package Unit.
- NOTE: Coverage available on Heating Systems that are the main source of heat to the home, with capacity not exceeding five (5) tons unit.
- EXCLUSIONS: Mini-split ductless systems, Heat Lamps, Filters, Electronic Air Cleaners. Humidifiers, Furnace Vents & Flues. Asbestos Covered Ductwork, Wood or Pellet Stoves (even if only source of heating), Fireplaces (of any kind) and Key Valves, Inserts, Insulation, Dampers, Collapsed or Crushed Ductwork, Improperly Sized Systems or Systems with Mismatched Capacity per Manufacturer's Specifications, Systems without Inspection Sticker, Improper sized heating room/closet to fit replaced unit, Zone Control Systems, PTAC Systems, Zone Valves, Solar Space Heating and Cooling Systems, Outside or Underground Piping and Components for Geothermal and/or Water Source Heat Pumps, Well Pumps and Well Pump Components for Geothermal and/or Water Source Heat Pumps. Freestanding Units, Maintenance or Cleaning, Noises, Cages.
- LIMITS: $1,500 maximum for diagnosis, repair or replacement of Geothermal, Hot Water, Boiler, Radiant Heat (including cable heat) Steam Circulating Heating System, and Water Source Heat Pumps. (2) $500 maximum for diagnosis, repair or replacement of Ductwork. (3) $500 maximum to repair or replace variable speed motors and control boards. (3) If member receives money toward replacement or repair of covered item, and they choose to use their own contractor, member to provide receipt of completed work before further repairs can be made on heating and cooling system. (4) Contract Holder is responsible to clear any obstructions and return access opening to desired finish (drywall, tape, and mud). (5) The maximum aggregate liability for repairs or replacement, regardless of the number of claims for repairs or replacement, or the number of systems/units $2,500. Package units have a maximum aggregate of $2500.
Electric Central Air Conditioning including Condensers, Evaporative Coils, Compressors, Air Handler. Leaks in accessible Refrigerant Lines, Water Evaporative Coolers and Thermostat.
- NOTE: Coverage available on Cooling Systems with capacity not exceeding five (5) tons unit.
- EXCLUSIONS: Mini-split ductless systems, Gas Units, Filters, Dampers, Maintenance, Cleaning, Noise, Condenser Housing, Pads, Water Towers, Water Trays or Drip Pans of any kind, Roof Jacks & Stands, Improperly Sized Systems or Systems with Mismatched Capacity per Manufacturers Specifications, Systems without Inspection Sticker, Inaccessible or Not Visible Coil Lines, Zone Control Systems, PTAC Systems, Chillers, Pre-Coolers, Electric A/C Window Units, Cages.
- LIMITS: (1) The maximum aggregate liability for repairs or replacement, regardless of the number of claims for repairs or replacement, or the number of systems/units $2,500. Control boards up to $500. (2) If member receives money toward replacement or repair of covered item, and they choose to use their own contractor, member to provide receipt of completed work before further repairs can be made on heating and cooling system. HM will reimburse member or cover refrigerant based on our cost or industry standard at $15 per pound.
Plumbing Pipe Leaks, Water Heater (includes tankless), Angle Stops & Gate Valves, Interior Hose Bibs, Toilets, Pressure Regulator Valve, Shower Valve, Diverter Valve, Failure due to sediment in Water Heater, Drain Line Stoppages (inside confines of home).P traps (bathroom sink and kitchen sink only),Risers, Instant Hot Water Dispenser, and Sump Pumps.
- EXCLUSIONS: Gas leaks, Adjustments, Plumbing Fixtures including Faucets, Shower Head and Arm, Bathtub, Shower Base Pans, drain assembly /p-trap & enclosures, Toilet Lids & Seats toilet wax rings and resetting at base, Sprinkler or Solar Systems, Stop & Waste Valves, Water Heater Vents & Flues, Vent Pipes, Septic Tank, Stoppages that cannot be cleared with Cable, Hydro Jetting, Stoppages due to Roots, Water Heater, Heat Pump Attachment, Sewage Ejector Pump, Grinder Pumps, External Hose Bibs, Expansion Tanks, Energy Conservation Units, Noise, Electrolysis, Water Softener, Whirlpool Jets, Water Filters, Water Purification Systems, Bidets, Jet Pumps, Conditions caused by Chemical, Calcium, or Sediment Build-up, Caulking, Grouting, Inadequate or Excessive Water Pressure, Flow Restrictions in Fresh Water Lines caused by Rust, Corrosion, or Chemical Deposits, Basket Strainers, Pop-up Assemblies, Stoppers, Diesel or Oil Fired Water Heaters, Heat Pump/ Water Heater Combination Units, Repair or Replacement of Leaks in Concrete Encased Water, Drain, Gas, or Polybutylene Piping, Leaks/ Damage caused by Roots, Water Heater Drip Pans, Ice Maker Water Lines, Main Water Shut-off Valve, Holding or Storage Tanks, Saunas or Steam Rooms, Basket Strainers, Septic Tanks, Septic Pumping, Septic Components, Improper Install, Unlevel Pipes/Proper Leveling, Inadequate or Excessive Water Pressure, Camera Pipe Inspection or Reimbursement, Damage to any type of Floor Coverings or Drywall from Water. Stoppages caused by Foreign Objects, Roots, Collapsed or Broken Lines outside the main foundation, main sewer line blockages outside the confines/perimeter of home, access to Drain or Sewer Lines from Roof Vent, costs to locate, access or install a ground level cleanout and removal of Water Closets (Toilets), Plumbing stack.
- LIMITS: (1) Toilet Tanks & Bowls replaced with Builders Standard when necessary ($125 Max on Toilet Replacement, up to 1). (2) We will not provide access through walls, ceilings, and floors only. Contract Holder will be responsible for removing and returning access opening to desired finish (drywall, tape, and mud). Obstructions to Plumbing are the Contract Holder's responsibility to remove, and include: Tile, Cabinetry, or any other items permanently affixed or requiring additional work to remove. (3) Limit for water, drain or line stoppages, waste, vent piping, leaks and breaks in the plumbing systems or any other covered plumbing items, including sump pumps is $350 per occurrence with a $1000 max aggregate per contract term (1 year). (4) We clear stoppages which can be cleared with standard drain line cable through an existing clean-out located inside the home without excavation up to industry standard in labor hours. HM will not be responsible for access to Drain or Sewer Lines from vent or removal of toilet. (5) We are responsible for only one drain line clearing where accessible within confines/perimeter of home. (6) $1000 maximum for diagnosis, repair or replacement of Tank, Tankless, Oil, or Power Vent Water Heaters. (7) Re-pipe of leak length only (No upgrade to piping) Limit $150.
Dishwasher (Built-In), Garbage Disposal, Oven/Range/ Cooktop, Built-In Microwave, Main Kitchen Refrigerator, Washer and Dryer, Trash Compactor and all mechanical components and parts, which affect their operation.
- EXCLUSIONS: Appliances that are not located in the primary kitchen (i.e. Attached or Detached Garage, Shed, Sunroom, Basement, etc.), haul away fees, items under manufacturer’s warranty, displays or backlighting. Dishwasher - Racks, Baskets, Rollers, Tub and Inner Liners, Hinges, Springs, Latch Assemblies and Soap Dispensers. Garbage Disposal - Problems and/or jams caused by bones and foreign objects other than food. Oven/Range/Cooktop - Clocks, Meat Probe Assemblies, Rotisseries, Racks, Handles, Knobs, Sensi-Heat Burners will only be replaced with standard burners, Door Seals, Lighting, Handles, Glass, Self-Cleaning Mechanisms and Latch Assemblies. Built-In Microwave - Interior Lighting, Door Assemblies/Glass, Clocks, Shelves, Turntable Platforms, Rollers, Portable Countertop units, Meat Probe Assemblies, Rotisseries. Kitchen Exhaust Fan - Belts, Shutters, Filters, Lighting. Miscellaneous Items - Whole Trays, Lights or Light Sockets, Baskets, Buckets, Rollers, Racks, Handles, Door Seals, Runner Guards, Shelves, Doors, Interior Linings, Timers & Clocks (that do not affect the heating or cleaning operation of the unit), Portable or Countertop Microwaves, Trim Kits, Halogen Units, Refrigerator/Oven Combination Units, Ceramic or Glass Stove Tops, Glass, Oven Door Glass, Range Hoods, Hoods attached to Microwave. Washer/ Dryer - Touchpad Assembly, Plastic Mini Tubes, Soap Dispenser, Knobs, Filter, Lint Screens, Venting, Dials, Interior Thermal Shells, Trim Kits, All-In-One-Wash/Dry Units, Bellow or Boot Seal, Kitchen Refrigerator - any non-accessible refrigeration unit, Wet Bar Refrigerator, Refrigerant Recapture/Recovery/Recharge, Touchpad Assembly. Plastic Mini Tubes, Ice Crushers, Beverage Dispensers and their respective equipment, Display Screens and Monitors, Coffee and Cappuccino units, Interior Thermal Shells, Racks, Shelves, Removable Buckets and Trays, Food Spoilage, Trim Kits, Ice Maker Water Line, Freon or Coolant, Refrigerators not located in the kitchen, Water Inlet Valve.
- LIMITS: Electromagnetic Induction Cooktops replaced with Builder's Standard when necessary. $500 maximum to diagnose, repair or replace Dishwasher, Garbage Disposal, Oven/Range/Cooktop, Washing Machine, Dryer. Microwave Repair Limit $200 (No-Deductible Applied) Reimbursement Only w/Receipt or Invoice. Ice Maker Repair Limit $100 (No-Deductible Applied) Reimbursement Only w/Receipt or Invoice. $300 maximum to diagnose, repair or replace Trash Compactor. $500 maximum limit to repair or replace control boards. $1200 Maximum annual aggregate towards repairs (Kitchen refrigerator, or built-in is subject to $600 per repair limit or buy out). Labor hours available for reimbursement is a maximum of one hour based on industry standards for appliance repair, with a maximum of $75 hour. Labor hours are part of the maximum limit aggregate assigned to each covered appliance.
Wiring, Panels and Subpanels, Plugs, Switches and Fuses, Junction Boxes (inside the perimeter of the home), Circuit Breakers, Conduit Ceiling & Exhaust Fans, Garage Door Opener Unit, Attic & Whole House Fans Garage Door Opener- Motor, Capacitor, Eye Sensors, Switches, Receiver Unit, Carriage, Push Arm, Central Vacuum.
- EXCLUSIONS: Light Fixtures and Wireless/Remote Switches or Controls including those on Ceiling Fans, Bulbs, Ballasts, Vents. Removable Attachments, Accessories or Hoses. Telephone Wiring, Heat Lamps, Intercoms, Alarms, Low-Voltage Relay Systems, Electronic or Computerized Energy Management or Lighting and Appliance Management Systems, Doorbell and related Wiring, Chimes, Saunas or Steam Rooms, Smoke Detectors, Upgrades to panel size or Fuse Replacement because of insufficient capacity, circuit overload, permits and code upgrades, utility meter base pans, power failure/shortage or surge, failures and conditions caused by inadequate wiring capacity, corrosion caused by moisture or water damage are not covered, electrical meter base, meter socket and electrical weather head are not covered. Garage Doors, Hinges, Springs, Remote Transmitters, Keypads, Chains.
- LIMITS: Ceiling Fans & Exhaust Fans replaced with Builder's Standard. Limit $250. Maximum Aggregate liability for electrical repairs is $500 per occurrence, $1000 total for the contract term. Panel replacement limited to $600. Central Vacuum limit $350 per contract term.
HOTEL STAY COVERAGE
Pertaining to cooling and heating repairs for Buyer coverage and Direct Consumer (Not Seller), HM will pay up to a maximum of $75.00 per night for hotel reimbursement, provided policyholder does elect to stay in a hotel.
The following conditions apply:
1) To be eligible for reimbursement, Policyholder must request service at 502-365-9805 or 1-888-365-9805.
2) HM is permitted 24 hours to complete all required repairs before Policyholder is eligible for reimbursement.
3) Dwelling’s interior temperatures must exceed 90ºF or drop below 40ºF.
4) For reimbursement, Policyholder must mail original hotel invoice (with the hotel authorization number printed on top) to HM (133 Evergreen Rd, Ste 203, Louisville, KY 40243 or email to [email protected]).
5) HM will mail a reimbursement check no later than 30 days after invoice has been received.
6) The maximum annual hotel liability is $300.00
7) Room service, mini bar, movies, phones charges, dry-cleaning or any other room charges will not be covered.
RENEWAL / TRANSFER / CANCELLATION (Service Contracts are Annual)
This Contract is transferable for a $100 Administration Fee. You must notify HM of this transfer by calling 502-365-9805 or 1-888-365-9805.
This Contract may be renewed at our discretion. In that event, you will be notified of the prevailing rate and terms of Renewal. Payment Rates may increase upon Renewal. To ensure there is no lapse of coverage, payment must be received prior to Contract expiration. HM has the right to non-renew after first year of coverage. If a two-year contract is in place, the contract holder will receive a refund for 100% of the discounted second year. Memberships issued as part of a real estate closing (Buyer or Seller) that are renewed by member, will convert to a Direct Consumer (Homeowner) membership.
- RENEWAL CONTRACT / INSTALLMENT BILLING:
If monthly or annual payment contract was previously selected and we elect to renew your Contract, you will be automatically renewed for an additional one-year coverage term unless you notify us in writing prior to expiration sent to [email protected] In certain cases, you may be permitted, at our sole and exclusive discretion, 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, we reserve the right to deduct all or any portion of any unpaid amounts from the amount of loss covered by this agreement for such incident, or to require payment of the entire remaining unpaid balances prior to covering the loss for you as we deem necessary or desirable. Our failure to exercise any such right on one occasion shall not be deemed a waiver of such right on other occasions. If HM is unsuccessful in debiting monthly funds from Contract Holder’s checking account because of insufficient funds, Contract Holder will be responsible for payment of any additional fees charged by HM or Contract Holder's bank because of insufficient funds. Some forms of payment may incur a handling fee or other service-related fee.
- POST REAL ESTATE CLOSING / FUTURE RENEWAL MONTHLY INSTALLMENTS:
If a member has just closed on a property and has signed up to pay monthly installments towards next year’s renewal, the monthly payments are fully refundable if non-renewed prior to expiration. If cancellation occurs after yearly expiration date then any excess funds will be returned to the client on a pro-rata basis for the remaining term. Any balance, monies owed to contractors or owed deductibles will be subtracted from the pro-rata funds returned to member.
a) HM may not cancel this Contract during the initial term for which it was issued, except for any of the following reasons: (1) the Contract Holder does not pay a fee or charge due under the terms of this Contract; (2) the Contract Holder engages in fraud or misrepresentation of facts material to the issuance of the Contract; (3) an interest in the residential property covered under this Contract is sold, and the Contract is contingent on an interest in the property not being sold, (4) HM and Contract Holder have mutually agreed to a refund of Contract cost in lieu of repairs or to cover dispute. (5) HM may cancel this contract for abuse, misuse, suspicion of fraud or misrepresentation of facts to receive compensation or services on a past or open claim. A return of premium shall be based upon 100 percent of premium, less any claims paid on the agreement throughout the contract term. Any deductibles previously paid would be non-refundable. If Contract is canceled by a homeowner who purchased the warranty themselves, that is not a part of a real estate transaction and they decide to cancel, they should be entitled to a pro rata refund of the paid Contract fee for the unexpired term, less a $100 administrative fee, and any actual service costs incurred by HM. Contract holder is to submit notice of cancellation via email or letter.
b) If Contract was purchased by Seller for Buyer as part of a Real Estate Transaction, Contract cannot be canceled by Buyer for a refund. If Contract is canceled by a homeowner who purchased the warranty themselves, that is not a part of a real estate transaction and they decide to cancel, they should be entitled to a pro rata refund of the paid Contract fee for the unexpired term, less a $100 administrative fee, and any actual service costs incurred by HM. . Contract holder to submit notice of cancellation via email or letter.
c) If Contract is canceled by us, cancellation will be effective no sooner than 10 days for paragraphs a.1, and 30 days for a.2 and a.3 after delivery by email or first class mailing of a written notice to the Contract Holder.
d) ) HM service contracts are annual, but if member has opted to sign up for monthly installments to pay their annual term and member wants to cancel, member will have coverage until the last day of the canceling month and will incur a $100 cancellation fee. If member has had a claim(s) and the amount incurred by HM to service the claim is more than what has been paid in monthly installments, the balance of the claim(s) up to the annual contract amount, will be added to cancelation fee. If the member has paid for the service contract in full and would like to cancel, contract will be canceled at the end of current month they are in and prorated refund will be issued for the remainder of months that would have been left on the contract minus the $100 cancelation fee.
e) New Member Price Lock is billed monthly and will automatically renew at the same monthly price when the warranty renews. The monthly charge and plan will only be canceled with a written request sent to us at [email protected]. Kentucky Residents Only: This is not a contract of insurance, however, a surety bond written by Great American Insurance Company at 100 2nd Ave. South, Suite 150, Edmonds, WA 98020, guarantees the performance of this agreement. If the service fails to pay any valid claim within 60 days after proof of loss has been filed, a claimant is entitled to make a claim directly against Great American Insurance Company at the address shown above. Ohio Residents Only: This Contract is non-cancelable by purchaser or person entitled to benefit under this Contract.
DISPUTE / DISCLOSURE / AGREEMENT
Any dispute arising from this contract shall be brought in a court of competent jurisdiction located in Jefferson County Kentucky. The parties further agree that any such action shall be governed exclusively by Kentucky law and that such dispute shall be brought within 6 months from the date that the dispute arose.
The real estate agent offering this program does so as a service to protect their client’s best interest. They receive no direct commission or compensation from HM. Obligations for repair or service under this agreement are solely those of the service provider and are not the obligation of any real estate firm. The purchase of a residential home warranty service agreement is optional and similar coverage may be purchased through other residential service companies.
Signatures by Seller or Buyer are not required to make this Contract binding. Seller accepting Buyer/Seller coverage during listing period and/or offering to purchase home warranty for Buyer acknowledges consent of home warranty. Buyer accepting this home warranty is also expressing consent of said warranty. Seller also acknowledges that he or she has read this home warranty service agreement, including all terms and conditions. Seller hereby represents that known pre-existing defects have been declared to the Buyer and that all items for which coverage is provided are in satisfactory operating condition. Buyer acknowledges that he or she has read this home warranty service agreement, including all terms and conditions, and understands that the services obligation to perform hereunder is conditional upon the truth and accuracy of the statements made in these declarations and upon full performance hereunder by the Seller and the Buyer. Buyer and/or Seller also agree to provide a copy of the home inspection report for warranted property if requested by HM.