TERMS OF SERVICE AGREEMENT CHOICE HOME WARRANTY
During the coverage period, Our sole responsibility will be to arrange for a qualified service contractor (“Service Provider”) to repair or replace, at Our expense in accordance with the terms and conditions of this contract.
- Your contract term (the dates that Your contract is in effect), Your contract fee, Your Service Fee, and Your equipment, systems, and appliances covered under this contract, are set forth in Your Coverage Details.
- All systems (a) must become inoperative due to normal wear and tear; (b) must be located inside the main foundation or detached garage (with the exception of pool/spa, well pump, septic tank pumping and air conditioner); (c) must be in proper working order on the effective date of this home warranty contract. Known or unknown pre-existing conditions are not covered.
- This contract covers occupied homes under 5,000 square feet, unless an appropriate fee is paid.
- Coverage starts 30 days after receipt of contract fee. Your coverage may begin before 30 days if We receive proof of prior coverage showing no lapse, through another carrier.
B. SERVICE REQUESTS
- You must request service as soon as the malfunction is discovered and prior to the expiration of Your contract term. (Refer to Your Coverage Details for information on how to request service.)
- Upon request for service, We will initiate service within four (4) hours. You will receive the name, phone number, and appointment date and time upon acceptance of the request by a Service Provider. In some circumstances, it could take more than forty-eight (48) hours for a Service Provider to accept the request.
- We will not reimburse for services performed without prior approval.
- You will pay a trade service call fee in the amount set forth in Your Coverage Details (“Service Fee”) to the Service Provider for each service request you submit to Us.
- If work performed under this contract should fail within 30 days, We will correct the failure without a Service Fee.
- We have the sole right to select the Service Provider.
C. COVERAGE (COVERAGE DEPENDENT ON PLAN)
Except for Air Conditioning and Heating Systems, the Coverage is for no more than one unit, system, or appliance, unless additional fees are paid.
- CLOTHES DRYER – COVERED: All components and parts.
- CLOTHES WASHER – COVERED: All components and parts.
- BUILT-IN MICROWAVE – COVERED: All components and parts.
- OVEN/RANGE/COOKTOP – COVERED: All components and parts.
- DISHWASHER – COVERED: All components and parts.
- GARBAGE DISPOSAL – COVERED: All components and parts.
- REFRIGERATOR – COVERED: All components and parts, including integral freezer unit. EXCLUDED: Audio/Visual equipment and internet connection components.
- CEILING AND EXHAUST FANS – COVERED: All components and parts. (Builder’s standard is used when replacement is necessary.)
- GARAGE DOOR OPENER – COVERED: All components and parts, EXCLUDED: Door or door track assemblies.
- Air Conditioning/Heating/Ductwork – COVERED: All components and parts of the following systems: Ducted Central Electric Split and Package Units, Forced Air (gas, electric, oil), Geothermal, Wall Mounted Units, Mini-splits, Heat Pumps, Floor Furnace, Hot Water or Steam Circulating Heat, Electric Baseboard; and Duct from unit to point of attachment at registers or grills. If replacing, only the failed components and parts will be upgraded to meet government mandated guidelines. EXCLUDED: Outside or underground piping, well pump, and well pump components for geothermal and/or water source heat pump-Window units – Water towers – Chillers, chiller components, and water lines – Refrigerant line sets – Portable Units – Fuel Storage Tanks – Chimneys – Pellet stoves, Cable heat, Wood stoves (even if only source of heating) – Insulation – Collapsed Ductwork – Damper Motors – Legally mandated diagnostic testing when replacing heating or cooling equipment. We will not pay for any modifications necessitated by the repair of existing equipment or the installation of new equipment including but not limited to the required replacement of Air Handlers when replacing Condensers, and Condensers when replacing Air Handlers.
- WATER HEATER (Gas/Electric) – COVERED: All components and parts, including tankless water heaters and circulating pumps. EXCLUDED: Holding or storage tanks – Vents and flues – Thermal expansion tanks -Fuel, holding or storage tanks – Noise – Energy management systems – units exceeding 75 gallons.
- ELECTRICAL SYSTEM – COVERED: All components and parts, including Direct Current (D.C.) wiring, lighting fixtures (Builder’s standard is used when replacement is necessary), and built-in exhaust/vent/attic fans. EXCLUDED: Audio/video/computer/intercom/alarm or security wiring or cable – Telephone wiring – Circuit overload – Face plates.
- PLUMBING SYSTEM/STOPPAGE – COVERED: Leaks and breaks of water, drain, gas, waste or vent lines – Toilets and related mechanisms, toilet wax ring seals, faucets, shower heads, shower arms, valves for shower, tub, and diverter, angle stops, risers and gate valves (Builder’s standard is used when replacement is necessary) – Hose bibs – Basket strainers – Built-in bathtub whirlpool motor, pump, and air switch assemblies – Pressure regulators – Expansion tanks – Sewage ejector pump (septic system sewage ejector pumps are not covered unless optional coverage D.9 is purchased) – Clearing of sink, bathtub, shower, and toilet stoppages – Clearing of mainline drain and sewer stoppages through an accessible cleanout up to 100 feet from access point – Clearing of lateral drain line stoppages up to 100 feet from access point including accessible cleanout, p-trap, drain or overflow access points. EXCLUDED: Stoppages caused by collapsed, damaged or broken drain, vent or sewer lines outside the home’s main foundation – Lines broken, infiltrated or stopped by roots or foreign objects, even if within the home’s main foundation – Bathtubs – Sinks – Showers – Shower enclosures and base pans – Toilet lids and seats – Jets – Caulking or grouting – Septic tanks -Water filtration/purification system – Holding or storage tanks – Saunas or steam rooms – Costs to locate or access cleanouts not found or inaccessible, or to install cleanouts – Access through roof vents.
D. OPTIONAL COVERAGE (Requires Additional Payment)
- POOL AND/OR SPA EQUIPMENT – Both pool and built-in spa equipment are covered if they utilize common equipment. If they do not utilize common equipment, then only the pool is covered unless an additional fee is paid. COVERED: Above ground components and parts of the heating, pumping, and filtration system including: Pool sweep motor and pump – Pump motor – Blower motor and timer – Plumbing pipes and wiring – Plumbing and electrical. EXCLUDED: Portable or above ground spas – Lights – Liners – Jets – Ornamental fountains, waterfalls and their pumping systems – Auxiliary pumps – Pool cover and related equipment – Fill line and fill valves – Built-in or detachable cleaning equipment including, without limitation, pool sweeps, pop-up heads, turbo valves, skimmers, chlorinators, and ionizers- Fuel storage tanks- Disposable filtration mediums – Heat pump – Multi-media centers – Dehumidifiers – Salt water generators and components.
- WELL PUMP – COVERED: All components and parts of well pump utilized for main dwelling only. EXCLUDED: Above or underground piping, cable or electrical lines leading to or from the well pump, including those that are located within the well casing -Well casings- Pressure switches not located on the pump – Holding, storage or pressure tanks – Booster pumps – Redrilling of wells – Well pump and all well pump components for geothermal and/or water source heat pumps. We will pay no more than $500 per contract term for access, diagnosis and repair and/or replacement.
- SUMP PUMP – COVERED: Permanently installed sump pump for ground water. EXCLUDED: Portable pumps – Backflow preventers – Check valves.
- CENTRAL VACUUM – COVERED: All mechanical system components and parts. EXCLUDED: Ductwork – Hoses – Blockages – Accessories.
- LIMITED ROOF LEAK (Single Family Homes Only) – COVERED: Repair of shake, shingle, and composition roof leaks over the occupied living area. EXCLUDED: Porches- Patios- Cracked and/or missing material – Foam roofs – Tar and gravel or metal roof – Cemwood shakes – Masonite shingles – Flat or built-up roof – Structural leaks adjacent to or caused by appendages of any kind – Downspouts Flashing – Gutters – Skylights – Decks – Patio covers – Solar equipment – Roof jacks – Antennae – Satellite components – Chimneys – Partial roof replacement – Preventative maintenance. We will pay no more than $500 per contract term for access, diagnosis and repair and/or replacement. NOTE: If roof must be partially or completely replaced to effect repair, this coverage does not apply.
- STAND ALONE FREEZER/ SECOND REFRIGERATOR – COVERED: All components and parts, including integral freezer unit. EXCLUDED: Audio/Visual equipment and internet connection components.
- SEPTIC TANK PUMPING – COVERED: Main line stoppages/clogs. If a stoppage is due to a septic tank back up, then We will pump the septic tank one time during the contract term We will pay no more than $250 per contract term for access, diagnosis and repair and/or replacement.
- SEPTIC SYSTEM – COVERED: Sewage ejector pump – Jet pump – Aerobic pump – Septic tank and line from house. EXCLUDED: Leach lines – Field lines – Lateral lines – Tile fields and leach beds – Insufficient capacity – Clean out – Pumping. We will pay no more than $500 per contract term for access, diagnosis and repair and/or replacement.
E. LIMITATIONS OF LIABILITY
- This Agreement does not cover routine maintenance or malfunction due to misuse, abuse, neglect, or failure to maintain any system or appliance in accordance with manufacturer specifications. This Agreement only covers failures due to normal wear and tear. In the event a Service Request is denied, and a You seek to have Us review that denial, We have the right to request routine maintenance records in reviewing Our decision.
- You agree that, in no event, will Our liability exceed $3,000 per contract item for access, diagnosis and repair or replacement. You hereby waive all rights to claim, attorneys’ fees, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
- We will pay up to $500 to provide access to covered items through unobstructed walls, ceilings or floors, concrete covered, embedded, encased or otherwise inaccessible covered items, and will return the access opening to rough finish condition. Our authorized Service Provider will close the access opening and return to a rough finish condition, subject to the $500 limit.
- We have the sole right to determine whether a covered system or appliance will be repaired or replaced. We are responsible for installing replacement equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand or color. We reserve the right to offer cash back in lieu of repair or replacement in the amount of Our actual cost (which at times may be less than retail) to repair or replace any covered system, component or appliance.
- We are not responsible for upgrades, modifications, 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.
- We are not responsible for service to meet current building or zoning code requirements or to correct for code violations including when replacement of systems is necessary.
- We are not responsible for any repair, replacement, installation, or modification of any covered system or appliance arising from a manufacturer’s recall or defect of said covered items, nor any covered item while still under an existing manufacturer’s or distributor’s warranty.
- You may be charged an additional fee by the Service Provider to dispose of an old appliance, or system.
- We are not responsible for the cost to obtain permits.
- Electronic or computerized energy management or lighting and appliance management systems, solar systems and equipment are not included.
- Coverage is not for commercial property or residences used as businesses or for the repair or replacement of commercial grade equipment, systems or appliances.
- You agree that We are not liable for the negligence or other conduct of the Service Provider, nor are We an insurer of Service Provider’s performance.
- We reserve the right to obtain a second opinion at Our expense.
F. MULTIPLE UNITS AND INVESTMENT PROPERTIES
- If the contract is for duplex, triplex, or fourplex dwelling, then every unit within such dwelling must be covered by Our contract with applicable optional coverage for coverage to apply to common systems and appliances.
- If this contract is for a unit within a multiple unit of 5 or more, then only items contained within the confines of each individual unit are covered. Common systems and appliances are excluded.
- Except as otherwise provided in this section, common systems and appliances are excluded.
G. TRANSFER OF CONTRACT & RENEWALS
- You may transfer this contract at any time. There is no fee to transfer contract.
- This contract may be renewed at Our option. In that event You will be notified of the prevailing rate and terms for renewal. If You selected the monthly payment option, You will automatically be renewed unless You notify Us in writing 30 days prior to the expiration of the contract.
- This contract may be cancelled by Us for:
- Nonpayment of contract fee by You;
- Nonpayment of Service Call Fee by You;
- Fraud or misrepresentation by You of facts material to the issuance of this contract;
- Mutual agreement of Us and You.
- You may cancel this contract at any time for any reason.
- If You cancel within the first 30 days of the order date for a refund of the paid contract fee.
- If you cancel at anytime after the first 30 days of the order date:
- if We have not provided any services, You will receive a pro rata refund of the contract fees paid for the unexpired term;
- if We have provided services and Our service costs are less than the contract fees paid for the unexpired term, You will receive a pro rata refund of the contract fees paid for the unexpired terms, less the service costs incurred by Us (unless prohibited by law);
- if We have provided services and Our service costs are greater than the contract fees paid, You shall pay us the lesser of:
- the difference between Our service costs and the contract fees paid; or
- the amount by which the annual rate listed on Your Coverage Details page exceeds the contract fees paid.
- In addition, You shall be responsible for an administrative fee of the lesser of:
- $50 or
- Such amount as is permitted by law.
I. RESOLUTION OF DISPUTES-MANDATORY ARBITRATION
- MEDIATION: In the event of any dispute or controversy arising out of or relating to this Agreement, You agree to file a written claim with Us and allow Us thirty (30) calendar days to respond to the claim.
- MANDATORY ARBITRATION: Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise, arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the of filing. Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.). Neither party shall sue the other party in any court other than as provided herein for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.” THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED THROUGH ARBITRATION.
- CLASS ACTION WAIVER: Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise, arising out of or relating to this agreement or the relationships among the parties hereto must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
- CHOICE OF LAW/VENUE: All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules. Any proceeding commenced pursuant to this Agreement shall take place in the State of New Jersey unless otherwise prohibited by law or agreed to by the parties.
If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.
L. Party Definitions
Throughout this Agreement (“Agreement,” “plan” or “contract”) the words “We”, “Us” and “Our” refer to American Global Obligors, Inc., 90 Washington Valley Road, Bedminster, NJ 07102, the Obligor of this Agreement, except in Alabama, Arkansas, Arizona, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, Oklahoma, South Carolina, Texas, Utah, Vermont, Virginia, Washington, D.C., Wisconsin, and Wyoming. In Alabama, the company obligated under this Agreement is Home Warranty Administrator of Alabama, Inc. (HWA-AL). In Arizona, the company obligated under this Agreement is Home Warranty Administrator of Arizona, Inc. (HWA-AZ). In Florida, the company obligated under this Agreement is Home Warranty Administrator of Florida, Inc. (HWA-FL). In Georgia, the company obligated under this Agreement is Choice Home Warranty, 2147 Route 27 South, 4th Floor, Edison, NJ 08817. In Illinois, the company obligated under this Agreement is Home Warranty Administrator of Illinois, Inc. (HWA-IL). In Louisiana, the company obligated under this Agreement is DMM Results of LA, Inc. (DMM-LA). In Nevada, the company obligated under this Agreement is Home Warranty Administrator of Nevada, Inc. (HWA-NV). In New York, the company obligated under this Agreement is DMM Results of NY, Inc. (DMM-NY). In Oklahoma, the company obligated under this Agreement is Home Warranty Administrator of Oklahoma, Inc. (HWA-OK). In South Carolina, the company obligated under this Agreement is Home Warranty Administrator of South Carolina, Inc. (HWA-SC). In Texas, the company obligated under this Agreement is HWAT, Inc. (HWA-TX). In Washington D.C., the company obligated under this Agreement is Home Warranty Administrator of DC, Inc. (HWA-DC). In Arkansas, Hawaii, Iowa, Kentucky, Massachusetts, Minnesota, New Hampshire, New Mexico, Utah, Vermont, Virginia, Wisconsin, and Wyoming, the company obligated under this Agreement is TMI Solutions, LLC (TMIS). HWA-AL, HWA-AZ, HWA-FL, HWA-IL, HWA- NV, HWA-OK, HWA-SC, HWA-TX, HWA-DC, are located at 90 Washington Valley Road, Bedminster, NJ 07921. DMM-NY and DMM-LA are located at 1 Gateway Center, Ste. 2600, Newark, NJ 07102. TMIS is located at 360 Market Place, Roswell, GA 30075. Warranty Administration Services, Inc., 90 Washington Valley Road, Bedminster, NJ 07921 (WASI) is the administrator of this contract.
“Service Provider” refers to the members of Our network of third party Authorized Service Providers that complete the work under this agreement. Our obligations under this agreement are backed by the full faith and credit of the Obligor. (See section L for Party Definitions.)
We offer service contracts which are not warranties.
This is not a contract of insurance.
Terms may vary in different states.