LIMITATIONS AND EXCLUSIONS

A. Excluded Services, Components, and Systems:

Any services, components, or systems not explicitly designated as “Included” in this Contract are expressly excluded, regardless of specific identification.

B. Coverage Period Commencement:

The coverage period becomes effective thirty (30) days following the initial payment and contract start date. It is important to note that not all problems can be diagnosed and resolved during the initial service visit. We disclaim liability for losses or damages resulting from misdiagnosis or delays in completing diagnosis or repairs.

C. Limited Accessibility Coverage:

We are not responsible for providing access to or closing access from any covered item encased in concrete or otherwise obstructed or inaccessible. This includes areas beneath crawl spaces, under floor coverings, within systems, cabinets, and similar spaces. Our liability for services on covered systems and components that are concrete encased or otherwise inaccessible is capped at $1,000 during the Coverage Period, subject to other applicable limitations outlined in this Contract.

D. Repairs Involving Openings:

In cases where repairs necessitate opening walls or ceilings, the Authorized Repair Technician will close the opening and return it to a rough finish condition, within the monetary limits specified for the respective service or covered system and component. We are not responsible for restoring wall coverings, floor coverings, plaster, cabinets, counter tops, tiling, paint, or any other surfaces. Cosmetic defects and routine maintenance are also excluded from our responsibility.

E. Exclusion of Electronic Systems:

Electronic or computerized energy management, lighting, and appliance management systems are not covered under this Contract.

F. Hazardous Substances Exclusion:

Services under this Contract do not encompass the identification, detection, abatement, encapsulation, or removal of asbestos, radon, gas, mold, or other hazardous substances. If hazardous materials are encountered during the Services, the Authorized Repair Technician is not obligated to proceed until such materials are appropriately addressed. We disclaim liability for the removal of, failure to detect, or contamination of asbestos, radon gas, mold, or other hazardous materials. Regarding lead-based paint hazards, the U.S. Environmental Protection Agency (EPA) renovation requirements may apply if certain painted surfaces are disrupted by a contractor.

G. EPA Compliance for Wall Access:

If the Services require the Authorized Repair Technician to cut into walls to access pipes and plumbing, compliance with EPA regulations is mandatory. This may result in an extension of time and/or additional costs to complete the work.

G. We do not assume responsibility for consequential or secondary damages, which encompass, but are not limited to, the repair of issues resulting from chemical or sedimentary buildup, insect infestation, mold, mildew, bacterial manifestations, misuse or abuse, failure to adhere to the equipment manufacturer’s specified cleaning and maintenance guidelines, missing parts, structural alterations, fire, freezing, electrical failure or surge, water damage, theft, intentional acts, riot, lightning, mud, earthquake, soil movement or settlement, storms, accidents, pest damage, Force Majeure Events (as defined below), failure due to excessive water pressure, or any other perils not considered loss or damage due to normal wear and tear.

H. We bear no liability for indirect, consequential, or economic damages arising from the loss of use or the inability to use the equipment, to the extent such disclaimers are permitted by law. You expressly waive the right to claim such damages.

I. We retain the sole right to determine whether a covered appliance, system, or component will be repaired or replaced. Parts and replacements will be of similar or equivalent quality and efficiency as those being replaced, subject to all other provisions, limitations, and exclusions in this contract. If replacement equipment of identical dimensions is not readily available, we are responsible for providing installation of similar quality equipment but not for the cost of construction or carpentry necessitated by different dimensions. We are not responsible for upgrade or matching color or brand. For the initial thirty (30) days of your coverage period, we are not liable for the replacement of entire systems or appliances due to the obsolescence, discontinuation, or unavailability of one or more integral parts. However, we will reimburse the costs of those parts based on a reasonable allowance for the fair value of similar parts.

J. We disclaim liability for repairs related to the adequacy or capacity of appliances, components, and systems in the home; improper installation, design, or previous repairs of appliances, components, and systems; and problems or failures subject to a manufacturer’s recall. Unless optional coverage for such is purchased, we are not liable for repairs related to the costs of construction, carpentry, or other incidental expenses associated with the alterations, modifications, or upgrades of all appliances, components, or the installation of different equipment and/or systems. Additionally, unless optional coverage for such is purchased, we are not responsible for providing upgrades, components, parts, or equipment required due to the incompatibility of the existing equipment with the replacement system, appliance, or component and/or part, including but not limited to SEER standard, R-410A and/or 7.7 HSPF equipment or higher compliant, as well as any other efficiency mandated by federal, state, or local governments.

K. We shall not be held responsible for the repair or replacement of commercial-grade equipment, systems, or appliances. Our maximum liability during the Coverage Period for professional series or similar appliances, including but not limited to brand names such as Sub Zero, Viking, Bosch, JENN-AIR, GE Monogram, Thermador, etc., is capped at $1,000 ($2,000 with the OrangePlus option), subject to all other provisions, limitations, and exclusions outlined in this Contract.

L. We retain the right to request a second opinion at our own expense.

M. Routine maintenance is not within our liability. You are accountable for performing regular maintenance, including maintenance and cleaning according to manufacturers’ specifications, such as periodic cleaning of heating and air conditioning systems, evaporator coils, and condenser coils, as well as routine filter replacement. We are not responsible for repairs to systems or components still under the manufacturer’s or distributor’s warranties. Our responsibilities are secondary to any existing manufacturer or supplier warranty, or other extended or in-home warranties or service contracts for the included systems, components, and appliances.

N. Except as specified under OrangePlus upgrade coverage, we are not responsible for the removal and disposal of old equipment or appliances. If available, you have the option to pay an additional fee to the service vendor for the removal and/or disposal of an old system, component, or appliance.

O. We reserve the right to provide cash back instead of repair or replacement, equivalent to our actual cost, which may be less than retail, to repair or replace any covered system, component, or appliance.

P. We will not cover the repair or replacement of covered systems or appliances if they are inoperable due to pre-existing conditions, deficiencies, or defects.

Q. Your sole remedy under this Contract is reimbursement for the cost of the necessary repair or replacement, whichever is less. You agree that, under no circumstances, will our liability exceed $5,000 per covered item or $15,000 in the aggregate during the Coverage Period.

R. BUILDING AND ZONING CODE REQUIREMENTS OR VIOLATIONS

  • We do not undertake services to comply with current building or zoning code requirements or to rectify code violations (except with applicable optional coverage), nor do we undertake services when permits cannot be obtained. We do not cover the cost of obtaining permits, except when optional coverage for such is purchased.
  • When required to maintain compatibility with equipment manufactured to meet the SEER standard, R-410A and/or 7.7 HSPF equipment or higher compliant, we are not responsible for upgrade or additional costs or expenses necessary to comply with current building or zoning code requirements or rectify code violations. This includes compliance with city, county, state, federal, and utility regulations and upgrades mandated by law.

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