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  • Please finalize your 18 Month Home Warranty. Step one is to review the warranty (displayed in the box below – use the scroll bar on the right of the box to read through all the warranty info). Please read through this information and confirm the information by TYPING YOUR NAME into the Electronic Signature Box at the bottom of this page. Then click “NEXT” to complete your registration.
  • Schedule 1(a)
    (Bronze Level Plan)
    PLAN COVERAGE:
    RE-KEY

    INCLUDED: Provider will re-key up to 6 exterior door locks and provide not more than 4 copies of new key. Customer is responsible to call to schedule appointment through Provider.

    LIMITS: Customer is responsible to pay the $75 service call fee at each scheduling of each re-key

    SPRING & FALL A/C & HEATING TUNE-UPS

    INCLUDED: Provider will provide one spring tune up for A/C between March 1st & May 15th, and will subsequently in the fall months one for heat between September 1st and October 31st. Coverage is for 1 unit.

    For Heat: Provider will calibrate thermostat, check/clean/secure electrical connections within furnace, replace owner supplied filters, clean burners, check limit & safety switches, and visual inspections of unit.

    For Air: Provider will sequence the thermostat, replace owner supplied filters, clean & tighten connections, check safety switches, check refrigerant levels, test the condenser motor, capacitors, visually inspect line set.

    EXCLUDED: Recharging of Freon, filters, coil cleaning, any service to correct issues from lack of required manufacturers maintenance specifications.

    (Customer is responsible for calling Provider to schedule listed tune-ups.)

    LIMITS: Customer is responsible to pay the $75 service call fee at each scheduling of each tune-up. ofThere is a $40 charge for a tune-up of each additional unit.

    Carpet Care

    INCLUDED: Carpet cleaning of up to 3 rooms or 350 sq ft.

    LIMITS: No guarantee is given that any stain in the carpet will be completely removed. One time per contract.

    HEATING SYSTEM

    INCLUDED: Gas, propane, electric, and oil heaters, heat pumps, radiant heaters that are located inside the foundation/or attached garage of the home. (Must be main source of heat to home and designed for residential application; not to exceed a 5-ton capacity)

    EXCLUDED: Solar heating systems, glycol systems, outside and or underground piping and components for geothermal and/or water source heat pumps, well pump and well pump components for geothermal and/or water source heat pumps, portable and free-standing units, humidifiers and electronic air cleaners, fuel and water storage tanks, registers and grills, filters, heat lamps, fireplaces, wood, pellet or gas stoves (even if only source of heating), chimneys, noises, smells, flues, vents, fireplace inserts and key valves, cable heat (in ceiling), clocks, timers, inaccessible refrigerant and condensate drain lines, general maintenance and cleaning, improper use of metering devices, systems improperly sized and or installed with mismatched equipment according to manufacturers specifications.

    LIMITS: The access, diagnosis, repair or replacement of any hot water or steam circulating heating system(s) is limited to $1,500.00 aggregate per applicable Term.

    DUCTWORK

    INCLUDED: Ducts from heating and/or cooling unit to connection at register or grill located inside the foundation/or attached garage of the Residence.

    EXCLUDED: Registers, grills, dampers, insulation, improperly sized ductwork and or equipment not sized to manufacturers specifications, collapsed or crushed ductwork, ductwork where asbestos is present, moisture damaged equipment, costs for inspections, diagnostic testing, verification and permits as required by any federal, state or local law, regulation or ordinance.

    LIMITS: The access, diagnosis, repair through readily accessible areas in ceilings, walls, and floors. All accessed areas will be returned to a rough finish. Limited to a maximum $500 aggregate per applicable Term.

    AIR CONDITIONER

    INCLUDED: Electric central air conditioning units, condensers, compressors, leaks in accessible lines, evaporative coils, water evaporative coolers. (Not to exceed a 5-ton capacity)

    R-410A: If Provider determines that the replacement of the air conditioner is necessary, and once R-22 equipment is no longer available, Provider will replace with a unit that uses R-410A refrigerant and meets federal and state construction compliance codes, including the replacement of 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 .

    EXCLUDED: Gas cooler units, filters, maintenance & cleaning, condenser housing, pads, filters, noises, smells, water towers, dampers, water trays/drip pans, roof stands or jacks, coil lines not visible or inaccessible, zone control systems, chillers, pre-Coolers, improper use of metering devices, Freon recapture/recovery or recharge, and systems improperly sized and or installed with mismatched equipment according to manufacturers specifications.

    LIMITS: The access, diagnosis, repair and or replacement, is limited to $1,500.00 per applicable Term. Must be designed for residential application and is limited to 5 ton unit.

    PLUMBING SYSTEM/STOPPAGES

    INCLUDED: Plumbing leaks found within the main foundation area of the Residence or garage, shower/tub valves/diverters, toilets, wax ring seals, permanently installed sump pumps (ground water only), built-in whirlpool motor & pump, waste line stoppages, gas/electric water heater, tank-less water heaters, recirculating pumps. (Up to 50-gallon tank)

    EXCLUDED: Stoppages and/or collapse of water, adjustments, drain, or gas lines caused by roots, shower heads, shower arms, angle stops, fixtures, faucets, bathtubs, sinks, shower enclosures and base pans, caulking and grouting, filters, hose bibs, sewage ejector pumps, toilet seats and lids, septic tanks, water softeners, Pressure regulators in fresh water lines, access to drain or sewer lines from vent, saunas, steam rooms, bidets, whirlpool bathtub jet plumbing, indoor/outdoor sprinkler systems, booster pumps, conditions of electrolysis, excavation, pressure regulators, pop-up assemblies, solar units and/or components, holding tanks, flues & vents, tank-less water heaters where water softener unit not installed, failure of water heater due to sediment, calcium, or corrosion.

    LIMITS: The access, diagnosis and repair of leaks located in concrete-encased or inaccessible plumbing lines are limited to $500.00 aggregate per contract term. Replacements of toilets will be white builder’s standard, stoppages to be cleared with standard sewer cable (125’) through an existing accessible mainline cleanout. (Excavation is not included.) Plumbing stoppages are limited to one clean out of waste lines. Subject to the $800.00 limit maximum for all plumbing/water heater repairs and replacements per Term. Provider is not responsible for trim, texture, paint, wallpaper, tile, carpet, or the like.

    APPLIANCES

    INCLUDED: Range, oven, cooktop, dishwasher, disposals, built-in microwaves-ovens, compactors, & kitchen exhaust fans located in the Residence.

    EXCLUDED: Meat probe assemblies, light sockets, indoor barbecue, clocks (unless it affects the operation of the unit), rotisseries, racks, handles, knobs, dials, interior lining, rollers, baskets, door glass, shelves, portable or countertop microwave units, removable accessories including buckets, knobs, lock and key assemblies, light kits and remote transmitters.

    LIMITS: Electromagnetic induction burners replaced with standard burners. Listed appliances are subject to diagnoses, repair/replace at maximum cost of $1,000 per applicable Term.

    ELECTRICAL SYSTEM

    INCLUDED: Panels/subpanels, wiring, switches, fuses, conduit, breakers, junction boxes, bathroom exhaust fans, ceiling fans, central vacuum.

    EXCLUDED: Fixtures, alarms/intercoms and circuits, inadequate wiring capacity, power failure or surge, low voltage wiring and their pertinent parts, remote switches for lights and fans, direct current (D.C.) wiring or components, lights, bulbs, heat lamps, door bell and chimes, smoke detectors, batteries, piping for central vacuum, removable hoses, accessories, clogged pipes. Telephone jacks, plugs, lights, transformers and other power units, cover plates, telephone units, answering devices, burglar alarms/intercoms and circuits, telephone fuses, wiring which is the property of a telephone company, audio/video/computer or other cable.

    LIMITS: Ceiling fans are replaced with the builder standard. (Color and size may not match) Maximum of one fan change.

    GARAGE DOOR OPENER

    INCLUDED: Wiring, motor, switches, receiver unit, track drive assembly.

    EXCLUDED: Garage doors, hinges, springs, rollers, guides, remote transmitters, keypads, any unit not in line with current safety standards.

    Schedule 1(b)
    (Silver Level Plan)
    PLAN COVERAGE
    All items identified in the Bronze Level Plan, plus the following coverage:

    MISMATCHED SYSTEMS:

    INCLUDED: Provider will repair or replace a system or appliance that has failed due to a mismatch in capacity or efficiency provided the system is not undersized relative to the square footage of area being cooled or heated.

    LIMITS: If the mismatched system violates a code requirement, the $250.00 Code Violation aggregate applies as stated.

    IMPROPER INSTALLATIONS, REPAIRS OR MODIFICATIONS:

    INCLUDED: Provider will repair or replace a system or appliance that has failed due to improper installation, repair or modification.

    LIMITS: If the improper installation, repair or modification violates a code requirement, the $250.00 Code Violation aggregate applies as stated.

    REMOVAL OF DEFECTIVE EQUIPMENT: Provider will pay the costs to dismantle and dispose of an old appliance, system or component when Provider is replacing a covered appliance, system or component.

    REFRIGERANT RECAPTURE, RECOVERY AND DISPOSAL: Provider will pay the costs related to the recapture, recovery and disposal of refrigerant as required. Permits: Provider will pay the cost of obtaining permits for Provider-approved repairs and replacements up to $250.00 per occurrence per applicable Term.

    CODE VIOLATIONS: Provider will pay to correct code violations and/or code upgrades if necessary to affect Provider-approved repair or replacement of a covered system or appliance up to the combined aggregate of $250.00 per applicable Term.

    PLUMBING SYSTEM: Provider will replace faucets (replaced with chrome builder’s standard), shower heads, angle stops, gate valves, shower arms, hose bibs. Replacement toilets will be builders standard.

    PLUMBING STOPPAGES: Hydro jetting if drain line stoppage is unable to be cleared with sewer cable up to the combined aggregate of $250.00 per applicable Term.

    HEATING SYSTEM: Provider will repair or replacement of registers, filters, grills, heat lamps.

    RANGE/OVEN/COOKTOP/DISHWASHER/BUILT-IN MICROWAVE OVEN: Provider will repair or replacement of clocks, rotisseries, racks, handles, knobs, dials, interior lining, rollers, baskets, door glass, shelves.

    TRASH COMPACTOR: Removable buckets, knobs, lock and key assemblies. Garage Door Opener: Hinges, springs, remote transmitters.

    Schedule 1(c)
    (Gold Level Plan)
    PLAN COVERAGE

    Includes all items identified in Bronze Level Plan, plus Silver Lever, Plan plus Standard Refrigerator coverage.

    Schedule 1(d)
    (Platinum Level Plan)
    PLAN COVERAGE

    Includes all items identified in Bronze Level Plan, plus Silver Lever Plan, plus Gold Level Plan, plus Washer and Dryer coverage.

    Schedule 2
    (Add-On Plans)

    ADD-ON PLAN COVERAGE

    Add-On Plan:Base Plan Fee/ Extension Fee:
    SWIMMING POOL AND/OR SPA EQUIPMENT COVERAGE OPTIONS$150
    ADDITIONAL SPA OR EQUIPMENT $70


    INCLUDED: All above ground and accessible parts and components of the filtration, pumping and heating system (including the pool sweep pump, pump motor,blower motor and timer).

    EXCLUDED: Lights, liners, solar related equipment, underground water, gas and electrical lines, skimmers, chlorinator or ozinator, ornamental fountains, waterfalls and their pumping systems, structural and/or cosmetic defects, cost of access to make repairs or replacements, inaccessible portion of the spa jets, pop-up heads, turbo or motorized valves, electronic/computerized controls and/or control panels, pool sweeps and related cleaning equipment, salt.

    LIMITS: Both pool and spas are covered when they use common equipment. Limited to $1,000 per applicable Term.

    SALT WATER SWIMMING POOL EQUIPMENT $320


    INCLUDED: Includes the Swimming Pool and/or Spa Equipment Coverage Option and the control unit, salt cell, flow sensor for the salt water chlorinator.

    EXCLUDED: Lights, liners, solar related equipment, underground water, gas and electrical lines, skimmers, chlorinator or ozinator, ornamental fountains, waterfalls and their pumping systems, structural and/or cosmetic defects, cost of access to make repairs or replacements, inaccessible portion of the spa jets, pop-up heads, turbo or motorized valves, electronic/computerized controls and/or control panels, pool sweeps and related cleaning equipment, salt.

    LIMITS: The access, diagnosis, repair or replacement of the control unit, salt cell, and flow sensor for the salt water chlorinator is limited to $1,500.00 aggregate per applicable Term.

    WASHER/DRYER PACKAGE OPTION (one set) $80


    INCLUDED: All parts and components that affect the operation.

    EXCLUDED: Knobs, dials, touch pads, plastic mini tubs, lint screens, venting, dispensers, damage to clothing.

    LIMITS: $1,500 maximum to diagnose, repair, or replace per set per applicable Term.

    WATER SOFTENER: $50


    COVERED: All part and components that affect the operation of the unit.

    EXCLUDED: All softeners, conditions occurring from calcium or sediment build up caused by and not restricted to chemicals, filter components, filtration and purification systems.
    LIMITS: This coverage is limited to one unit per house. Diagnose repair or replace $500 maximum per applicable Term.

    STANDARD REFRIGERATOR COVERAGE OPTIONS $50


    INCLUDED: All parts and components that affect the operation for the various types of refrigerator options when the option is purchased. Icemaker/water dispenser, provided parts are available. (One unit)

    EXCLUDED: Any removable component, which does not affect the primary function – ice crushers, internal thermal shells/insulation, food spoilage, freezers that are not an integral part of the refrigerator – multi-media centers – wine chillers, filters, trims, trays, buckets, etc.

    LIMITS: In cases where parts are not available, Provider’s obligation is limited to cash in lieu of repair based on the cost of the replacement parts.

    Kitchen Refrigerator Option (including dual compressors units) $55

    INCLUDED: Same as Standard Refrigerator Coverage (One unit)

    EXCLUDED: Same as Standard Refrigerator Coverage, provided compressors are covered; Unit must be located in the Kitchen. (Must purchase Standard Refrigerator Coverage option in addition to this option for compressor units.)
    LIMITS: The access, diagnosis, repair or replacement is limited to $1,500.00 aggregate per applicable Term.

    Additional Refrigerator Option $50


    INCLUDED: Same as Standard Refrigerator Coverage (One Unit)

    EXCLUDED: Same as Standard Refrigerator Coverage; provided option may only be purchased when the Kitchen Refrigerator option is purchased.

    LIMITS: Refrigerators with more than one compressor are not covered under this option.

    Wet Bar or Wine Refrigerator Option$25

    INCLUDED: Same as Standard Refrigerator Coverage

    EXCLUDED: Same as Standard Refrigerator Coverage

    LIMITS: The access, diagnosis, repair or replacement of the unit is limited to $500.00 aggregate per option per applicable Term. Wine Refrigerator is limited to 6.0 cubic feet.

    WELL PUMP$85


    INCLUDED: All parts and components that affect the operation of one well pump; must be utilized as the main source of water to the home.

    EXCLUDED: Holding or storage tanks, pressure tanks, booster pumps, access to remove and/or repair well pump system, all piping and electrical lines, well casing, redrilling wells, damage due to low water table.

    WELL PUMP & BOOSTER PUMP$150


    INCLUDED: Well pump & booster pump used for the primary source of water to the home.

    EXCLUDED: Holding or storage tanks, pressure tanks, booster pumps, access to remove and/or repair well pump system, all piping and electrical lines, well casing, re-drilling wells, damage due to low water table, control boxes, pressure switches, outside and underground piping, capacitors and relays, components used for geothermal or water source heat pumps.


    SEPTIC TANK SYSTEM (Per Tank)$50
    SEPTIC TANK PUMPING OPTION (Per Tank)$40


    INCLUDED: All parts and components that affect the operation of one aerobic pump, one jet pump, septic tank, pumping of septic tank, waste line from Residence to tank. (One Tank)

    EXCLUDED: Collapsed or broken waste lines outside the foundation except the line from Residence to tank, stoppages or roots that prevent the effective use of an externally applied sewer cable, the cost of finding or gaining access to the septic tank, the cost of sewer hook-ups, disposal of waste, chemical treatment of the septic tank and/or waste lines, tile fields and leach beds, leach lines, cesspools, seepage pits, lateral lines, insufficient capacity, cleanouts, excavation.

    LIMITS: The access, diagnosis, repair or replacement of the aerobic pump, jet pump, septic tank and line from Residence to tank is limited to $500.00 aggregate per applicable Term. If the stoppage is due to a full septic tank, Provider will pump the septic tank (1500 Gallon tank or less) once during the applicable Term.

    SEWAGE EJECTOR/GRINDER PUMP OPTION $150

    INCLUDED: All parts and components that affect the operation of one sewage ejector/grinder pump.

    EXCLUDED: Basins and any costs associated with locating or gaining access to, or closing access from the sewage ejector pump.

    LIMITS: The access, diagnosis, repair or replacement of the sewage ejector pump is limited to $500.00 aggregate per applicable Term.

    GUEST/POOL HOUSE $150

    INCLUDED: See Bronze Level Plan coverage for applicable coverage.

    EXCLUDED: See Bronze Level Plan coverage for applicable coverage

    LIMIT: Subject to a house of no more than 1600 sq. ft. and is detached from Residence. Coverage cannot be added to use as a protection for a house over 5,000 sq. ft.

    Schedule 3
    (Additional Plan Conditions)
    ADDITIONAL FEES/LIMITAITONS:
    HOUSES 5000-6500 + SQ. FT. $85
    (Per each additional 500 sq. ft.)

    SERVICE CALL FEE $75


    GENERAL TRAVEL LIMITS: Residence must be located inside urban areas. For Residences located outside urban areas, additional fees may apply.

    MASTER HOME REPAIR AND MAINTENANCE SERVICE PLAN ARGEEMENT
    THIS MASTER HOME REPAIR AND MAINTENANCE SERVICE PLAN AGREEMENT (the “Agreement”), is entered into effective __________________, 20_____ (the “Effective Date”), by and between 18MHW, a __________________________ (“Provider”), and _________________________________________ (“Customer”).
    RECITALS:

    A. Customer recently purchased a new personal residence located at the following address: _______________________________________________________ (the “Residence”).
    B. Provider is in the business of, among other things, offering home repair and maintenance services to personal residences, including those such as the Residence (the “Services”).
    C. Provider, for a fee, offers the Services in the form of various levels of maintenance and repair services plans and add-ons (collectively, the “Service Plans,” and each, a “Service Plan”).
    D. Customer desires to purchase from Provider the Services, and Provider desires to provide to Customer the Services, each pursuant to the Service Plan selected by Customer below, and otherwise on the terms and conditions set forth in this Agreement.

    AGREEMENT:


    NOW, THEREFORE, in consideration of the payment of the fees, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the premises and agreements hereinafter set forth, the parties hereby agree as follows:

    1. Service Plans. The various Service Plans made available for purchase by Customer under this Agreement shall include, and shall be comprised of the following: (a). The Bronze Level Plan. The “Bronze Level Plan” shall include those maintenance and repair services, terms, and conditions, as set forth in Schedule 1(a). (b) The Silver Level Plan. The “Silver Level Plan” shall include those maintenance and repair services, terms, and conditions, as set forth in Schedule 1(b). (c) The Gold Level Plan. The “Gold Level Plan” shall include those maintenance and repair services, terms, and conditions, as set forth in Schedule 1(c). (d) The Platinum Level Plan. The “Platinum Level Plan” shall include those maintenance and repair services, terms, and conditions, as set forth in Schedule 1(d).

    2. Add-On Plans. In addition to each of the Service Plans set forth above, Provider offers certain additional add-on plans relating to the maintenance and/or repair of specifically identified systems, components, and/or improvements relating to personal residences (each, and “Add-On Plan”). Each Add-On Plan shall include those specific maintenance and repair services as set forth in Schedule 2. For the purpose of this Agreement, the term “Services” shall include any maintenance or repair services provided to a Customer pursuant to any Service Plan or any Add-On Plan. The Service Plans and any Add-On Plan may sometimes be referred to herein collectively, as the “Plans”).

    3. Plan Pricing. Subject to and in addition to any additional fees outlined in each Plan, as provided in the Schedules attached hereto (including the Additional Plan Conditions provided in Schedule 3), each Plan may be purchased by the Customer at the respective fees set forth as follows (the “Base Plan Fees”)
    (a) The Bronze Plan Base Plan Fee shall cost $___300_________.
    (b) The Silver Plan Base Plan Fee shall cost $___400____________.
    (c) The Gold Plan Base Plan Fee shall cost $_____450__________.
    (d) The Platinum Plan Base Plan Fee shall cost $_____500__________.
    The Base Plan Fees for each Add-On Plan shall be as provided in Schedule 2 to this Agreement.

    4. Duration of Plan Coverage; Option to Extend. Each Plan shall be effective for a period of eighteen (18) months from the Effective Date, or the Provider’s receipt of the applicable Plan Fee, whichever is earlier (the “Initial Plan Term”). The Initial Plan Term for any Plan may be extended for an additional period of eighteen (18) months (the “Extended Plan Term,” with the Initial Plan Term and any Extended Plan Term being referred to together, as the “Term”)) by Customer’s payment of the following respective extension fees (the “Extension Fees”): (a) The Bronze Plan Extension Fee shall cost $____400___________.
    (b) The Silver Plan Extension Fee shall cost $_____500__________.
    (c) The Gold Plan Extension Fee shall cost $_______550________.
    (d) The Platinum Plan Extension Fee shall cost $_____600__________.
    Each Add-On Plan may be extended for the Extension Fees provided in Schedule 2 to this Agreement.

    5. Certain Definitions. The term “Covered Item” and “Covered Items” refer to the specific product, system, components, and/or apparatuses which the particular Plan selected by the Customer under this Agreement expressly covers. The terms “you” and “your” refer to the Customer. The terms “we”, “us” and “our” refer to the Provider.

    6. Services in General;Service Request Procedure and Fees; Other Service Related Items.

    (a) In General. Subject to the other provision herein, Payment of any particular Plan provides the Customer with the following:

    (1) Coverage for Repairs. We will directly pay on your behalf the cost of parts and services that are needed to maintain the proper operating condition of your Covered Items, consistent with the applicable Plan purchased by the Customer. Replacement parts may be new or refurbished to meet the manufacturer’s specifications of the original product. Services constituting repair work will be performed as provided in Section 6(b).

    (2) Coverage for Replacement. Subject to the terms of the applicable Plan purchased by the Customer, we have the sole right to determine whether a Covered Item will be repaired or replaced. If we determine that a Covered Item is not repairable due to unavailability of functional parts or technical information (a “Non-Repairable Covered Item”) we will replace the Non-Repairable Covered Item with a comparable product (color and specifications will be limited to standard). We will not be responsible for reconfiguring space to accommodate a replacement product when a product of identical dimensions is not available. Where applicable, reinstallation of any replacement product or item will be performed as provided in Section 6(b).

    (b) Service Procedure – Generally. For all Services provided under a Plan, the following service request procedure shall apply:

    (1) When you call for a service request(Provider’s local number is 385-275-2929 or toll free number is 844-921-1914), we will call one of our independent contractors who will call you directly to schedule a convenient appointment during normal business hours Monday-Friday. (Excluding Holidays).

    (2) There is a $75.00 Service call fee due for each trade call paid to the independent service contractor at the time of Service request. If, for example, both a plumber and an electrician are called to the Residence-both will require a separate $75 service charge fee. For A/C and Heating Tune-Ups of multiple units, additional charges will apply. If the service charge fee is not paid-this will result in a suspension of applicable coverage requested. Paying the Service charge fee may reinstate coverage. The Term of this Agreement will not be extended for time lost during suspension. Service requests must be received prior to the expiration of the applicable Term.

    (3) When a request for Service is made, Provider will contact and notify an independent contractor in connection with your request. The independent contractor, under normal circumstances, will initiate their performance of service within 24-48 hours. During business hours (Monday through Friday from 8:30 a.m. until 5 p.m.), call Provider at (local 385-275-2929 or toll free 844-921-1914) 801-898-1728 to report an emergency. After business hours or on weekends or holidays, contact (local 385-275-2929 or toll free 844-921-1914.

    (4) Without limiting any other provision in this Agreement, should the Customer employ others or perform the work himself or herself, Provider will not be responsible for any reimbursement of the costs or subsequent repairs.

    (c) Authorization. If Provider grants the Customer authorization to contact their chosen independent contractor to perform any particular Service, and such Services are thereafter so performed, Provider will reimburse the Customer subject to the following:

    (1) the independent contractor providing the Services must provide certification of being Licensed and insured. (Insurance to include general liability and worker compensation certifications.);

    (2) the independent contractor providing the Services must provide fair and reasonable rates, as determined by Provider;

    (3) the Customer must confirm by calling Provider regarding the covered Services to be performed under the applicable Plan, at or prior to the time the independent contractor arrives at the Residence and prior to performing any Services of which the Customer will seek reimbursement hereunder.

    (d) Guarantee of Work. All Service work performed by the independent contractor shall be guaranteed (without an additional service trade call fee) for 30 days on labor and 90 days on parts, provided any failure is not a lack of maintenance. Provided, the 30/90-day guarantee only applies to malfunctions that are reported to Provider during such time and within the applicable Term.

    (e) Second Opinion. Provider reserves the right to obtain a second opinion of the Services to be performed or the rate to be charged by the independent contractor, at its own expense. The Customer may order and select another (second) opinion but shall be responsible for the cost of said opinion.

    (f) Safety And Accessibility. In the event that the independent contractor determines that it cannot provide Service to a Covered Item due to poor accessibility or unsafe working conditions or that it cannot restore your Covered Item to safe working conditions due to reasons beyond the scope of this Agreement, such as, but not limited to, code violations, improper storage, improper installation that was not performed or authorized by Provider, use or movement of the product or equipment, including the failure to follow the owner’s manual instructions including the failure to place the product or equipment in an area that complies with the manufacturer's published space or environmental requirements, the independent contractor will not be required to proceed until you remedy the applicable cause. In order for us to provide the quality service you expect, you should cooperate fully with the Service technician while in your home; provide a safe, non-threatening environment and clear access to the Covered Item. Failure to comply with these conditions may be cause for cancellation of this Agreement.

    7. Service and Coverage Limitations.
    (a) Size of Residence. This Agreement covers single-family dwellings under 5,000 square feet, unless agreed upon otherwise in writing by Provider prior to the start of any Service coverage Term.

    (b) Business or Commercial Use. This Agreement is not intended for Covered Items that are used for used for business or commercial purposes. A Covered Item is “used for business or commercial purposes” if it is used for any purpose other than single family household purposes.

    (c) Scope of Services – Generally. Services will only be provided for Covered Items listed in this Agreement and located within the contiguous foundation of the Residence. Any detached structures are not covered unless other applicable options have been chosen.

    (d) Non-Covered Items. The Services and Plan do not apply as follows:

    (1) Accessories or attachments to any Covered Item;

    (2) Repair of any Covered Item which is damaged or malfunctioning due to causes beyond our control including, but not limited to, repairs necessitated by operator or owner negligence such as the failure to maintain the product or item according to the owner's manual instructions, improper installation, accidental damage, abuse, misuse, vandalism, theft, mold, mildew, rust or corrosion, animal or insect infestation, damage caused by lightning and other acts of nature such as hurricanes, tornadoes, floods, etc.

    (3) Replacement of Covered Items will not be authorized for product mismatch; product upgrades; or components or accessories; including, without limitation, for electronic, computerized, or remote energy management systems including, but not limited to, zone controlled systems, lighting, energy, security, pool/spa, entertainment/media/audio, or appliances, or solar systems and related components;

    (4) Services required as a result of any alteration of the Covered Item or repairs made during the Agreement Term which are not authorized by us, or are made by parties not specifically authorized by us, such as, but not limited to, Covered Items that are in a disassembled state;

    (5) The following products, parts and services: installation (other than re-installation required to complete a covered repair or covered replacement), antenna systems, pulling and re-installing of deep well, jet or submersible well pumps;

    (6) Except as otherwise expressly provided in a Plan, telephone, water, gas, electrical or other lines, drains, or ductwork connecting to the product or equipment. Upgrades to your Covered Item, permits or any additional expense incurred in order to comply with local, state or federal building codes and other laws and regulations are your responsibility.

    (7) This Agreement also does not cover any nonfunctional repairs, parts or cosmetic defects of Covered Items that were purchased as “Reconditioned” or “Used”.

    (e) Covered Items. Except as otherwise provided herein, the Services and each Plan do apply as follows:
    (1) To Covered Items specifically mentioned as covered;

    (2) To Covered Items that were and are properly installed and in good and working order on the Effective Date of this Agreement; and

    (3) To Covered Items that have become inoperable due to normal usage during the Term, provided the lack of maintenance of any such Covered Items, outside of the Services provided under the Customer’s purchased Plan, may void any part, system, appliance from being covered under a Plan.

    (4) To Covered Items as specifically provided in this Agreement and any Schedule.

    (f) Condominiums; Multiple House Units. The Services and Plans are limited to the inside of the unit for condominiums, and multiple house units. Any equipment, part, system, or appliance found in common space shall not be covered under this Agreement.

    8. Additional Terms and Conditions.
    (a) Provider Discretion. Except as otherwise noted in this contract, replacements of Covered Items will be of similar features, capacity and efficiency as the item being replaced. Provider is not responsible for matching brand, color and/or dimensions. When parts are necessary for completion of Service, Provider will not be responsible for delays that may occur in obtaining those parts. Provider reserves the right to repair systems and appliances with non-original manufacturer’s parts, including rebuilt or refurbished parts. Repairs and/or replacements that are subject to a manufacturer’s warranty are excluded from coverage under this Agreement. Unless otherwise noted herein, Provider is not responsible and is not liable for the disposal cost(s) of appliances, systems, and equipment and/or of components of equipment including refrigerant, contaminants, and/or other hazardous or toxic materials.

    (b) Conduct. When federal, state or local regulations, building and/or similar code criteria require improvements and/or additional costs to provide Services a Covered Item, including permits, the costs to meet the proper code criteria shall be the sole responsibility of the Customer. Provider will be responsible for repairs and/or replacement of Covered Items after the proper code criteria are met, except if otherwise noted in this contract. When upgrading Covered Items to maintain compatibility with equipment manufactured to be compliant with R-410A and 13 SEER (Seasonal Energy Efficiency Ratio) standards, Provider is neither responsible nor liable for the cost of construction, carpentry, or other structural modifications made necessary by installing different equipment. In no event, is Provider required to perform Services involving hazardous or toxic materials and/or conditions of asbestos.
    (c) Additional Circumstances Limiting Services. Without limiting any other provision herein, Provider is not responsible for repairs or replacement due to misuse or abuse, disassembled or missing parts nor for failures or damage due to: fire, flood, smoke, lightning, freeze, earthquake, theft, storms, accidents, riots, war, vandalism, animals or pests, power failure, surge and/or overload, soil movement, structural changes, design deficiency, manufacturer’s recall, inadequate capacity, land subsidence, slope failure or cosmetic defects. Failures due to improper previous repair or installation of appliances, systems or components are not covered under any Plan. Except as provided in the applicable Plan purchased by the Customer, Provider will not perform routine maintenance or cleaning of Covered Items, and Customer shall responsible for providing routine maintenance and cleaning of Covered Items as specified by the manufacturer to ensure continued coverage of such items.

    (d) Access; Repair. Provider is not responsible for providing access to repair or replace a Covered Item unless otherwise specifically provided in this Agreement. When access is provided hereunder, restoration to walls, closets, floors, ceilings, or the like, will be to a rough finish only. Provider is not responsible for the cost of modifications necessary to repair or replace a Covered Item, including but not limited to pipe runs, flues, ductwork, structures, electrical, or other modifications.

    (e) Substitute. Without limiting any other provision herein, Provider has the right to offer cash in lieu of repair or replacement of a Covered Item and/or appliance in the amount of Provider’s actual cost to repair or replace such a Covered Item. The amount reimbursed or paid as cash in lieu may be less than the retail or actual costs incurred by the Customer for such Covered Item.

    (f) Other conditions. In no event shall Provider be responsible for the diagnosis, repair, removal, or remediation of mold, mildew, rot, or fungus and/or damages resulting from the above mentioned, even when caused by, or related to the malfunction, repair, or replacement of a Covered Item.

    (g) Other Warranties. This Agreement runs concurrently with any home warranty or manufacturers’ warranties covering any Covered Item, it does not replace it. This Agreement provides benefits in addition to any such home warranty and/or manufacturers’ warranties.

    (h) Complaints. This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.

    (i) Property and Casualty Guaranty Association. Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guaranty Association.

    9. LIMITATION OF LIABILITY.
    EXCEPT AS MAY OTHERWISE BE REQUIRED BY LAW, WE AND OUR AGENTS, CONTRACTORS OR LICENSEES ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF COVERED ITEM OR ANY OTHER DAMAGES RESULTING FROM (1) OUR PERFORMANCE OF THE SERVICES; (2) THE BREAKDOWN OR FAILURE OF ANY COVERED ITEM; (3) DELAYS IN PROVIDING THE SERVICES; (4), AVAILABILITY OF REPLACEMENT ITEMS; (5) THE INABILITY TO PROVIDE SERVICES TO ANY COVERED ITEM; (6) REPAIRS OR REPLACMETS MADE BY CUSTOMER OR A THIRD PARTY INCONSISTENT WITH THE TERMS OF THIS AGREMENT; OR (7) DAMAGES TO THE RESIDENCE. UNDER NO CIRCUMSTANCES WILL THE OBLIGATIONS OF THE PROVIDER TO YOU UNDER THIS AGREEMENT FOR MONETARY RECOVERY EXCEED THE BASE PLAN FEE AND ANY EXTENSION FEE PAID BY YOU HEREUNDER.

    10. Transfer. Subject to the payment of a transfer fee of $40.00, this Agreement is transferable to any subsequent owner of the Residence, subject to the terms and conditions of this Agreement.

    11. Cancellation. You may cancel this Agreement at any time for any reason by mailing written notice of cancellation to Provider at the following address: ______________________________________________________. 1291 West 12600 South, Suite 103, Riverton, Utah 84065. We may cancel this Agreement upon thirty (30) days written notice if you fail to pay any required Base Plan Fee and or Extension Fee, make a material misrepresentation, substantially breach your duties under this Agreement, or if Provider or its representatives determines that it cannot provide the Services to your Covered Item due to the causes listed in Section 7(d) or Section 8 of this Agreement. If this Agreement has been in effect less than sixty (60) days, we may cancel this Agreement with ten (10) days written notice.

    12. General

    (a) Nothing in this Agreement, or in a Plan, shall be construed as a product warranty, or as a change or modification to any Covered Items’ manufacturer’s equipment warranty.

    (b) This Agreement, together with its schedules, is the complete agreement between Provider and Customer relating to the subject matter hereof. Any statements or representations made by employees or agents or Provider that are inconsistent with this Agreement shall not be binding upon Provider. No amendment or modification shall be binding unless made in writing and signed by an authorized representative of Provider.

    (c) If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

    (d) This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.

    (e) This Agreement is not a contract of insurance.

    13. Selection of Plan. Customer selects the following Plan for the Initial Term (circle one of following): BRONZE LEVEL PLAN  SILVER SERVICE PLAN  GOLD SERVICE PLAN  PLATINUM SERVICE PLAN Customer selects the following Add-On Plan for the Initial Term: IDENTIFY ADD-ON PLAN(S): ___________________ __________________________________ [This space intentionally left blank. Signatures appear on following page.] BY SIGNING BELOW, CUSTOMER INDICATES THAT HE OR SHE HAS READ, UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS SET FORTH HEREIN. CUSTOMER ALSO AUTHORIZES PROVIDER TO BILL CUSTOMER’S CREDIT CARD FOR THE APPLICABLE FEE OF $_____________________ ON THE EFFECTIVE DATE. CUSTOMER: Address: ________________________ ____________________________________ ________________________ City_________, State_____, Zip _________ Client Signature Date: ___________________ PROVIDER: By: _____________________ Its: _____________________ Date: ___________________