General Exclusions and Limitations. 1. This Agreement shall not cover any item(s) if they are: mismatched systems with components having incompatible capacity ratings; modified from the original manufacturer design or application; items determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items outside the main perimeter. 2. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglect; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure. 3. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations. 4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 11 contracts
Sources: Home Service Agreement, Home Service Agreement, Home Service Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any Items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(sItem(s) if they are: mismatched (systems with incompatible components having incompatible with different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unitunits, main electrical panel) or unless specifically covered with optional coverage purchased for items panels mounted on outside the main perimeterwalls, pool, spa and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as as, without limitation: abuse, misuse and/or or neglect; improper installation; improper or insufficient maintenance; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items Covered Items due to, but not limited towithout limitation, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or appliance or component, or part thereof. This Agreement also does not cover any costs associated with or due to any incompatibility between any existing equipment, system or Item and any new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing installation of different equipment. This Agreement does not cover any costs associated with any upgrades or modifications required to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 9 contracts
Sources: Home Warranty Agreement, Home Warranty Agreement, Home Warranty Agreement
General Exclusions and Limitations. 1. This Agreement shall not cover any item(sItem(s) if they are: mismatched (systems with components having incompatible capacity ratings); modified from the original manufacturer design or application; items determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items outside the main perimeter.
2. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as as, without limitation: abuse, misuse and/or or neglect; improper or insufficient maintenance; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
3. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, to the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing installation of different equipment. This Agreement does not cover any costs associated with any upgrades or modifications required to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 8 contracts
Sources: Home Warranty Agreement, Home Warranty Agreement, Home Warranty Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(s) if they are: mismatched systems with components having incompatible capacity ratings; modified from the original manufacturer design or application; items determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items panel mounted to the outside the main perimeterwall, pool, spa, septic tank, and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglect; improper installation; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 8 contracts
Sources: Home Warranty Agreement, Home Warranty Agreement, Home Warranty Agreement
General Exclusions and Limitations. 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around covered items and/or systems to ensure that these items and/or systems are able to function properly as specified by the manufacturer.
2. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, home service agreement or home warranty. Our coverage is secondary to such insurance, warranties, or guarantees.
3. This Agreement shall not cover any item(s) if they are: mismatched systems with • systems, appliances or components having incompatible capacity ratingsclassified by the manufacturer as commercial-grade; modified from the original manufacturer design or application• flues, venting, chimneys, and exhaust lines; items • determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s manufacturers improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or • below the slab or basement floor of the home; or except as otherwise specified in this Agreement; • located outside the perimeter of the main foundation or a detached garage (i.e., i.e. outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel, water heater) or unless specifically covered with optional coverage purchased for items outside the main perimeter. These exceptions must be installed for diagnose and must be manufactured for outside use or be located in a structure which protects items from the elements; • damaged by you in the course of remodeling or unauthorized repair.
24. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from causes other causesthan normal wear and tear, such as without limitation: • abuse, misuse and/or neglect; • lightning strikes, power failure, power surge; • missing partscomponents, parts or equipment; • animal, pet and/or pest damage; power failure; power surge; • fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; acts of God; • manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other • structural and/or property damage; • accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property; • any noise without a related mechanical failure.
5. This Agreement does not cover mechanical failures resulting directly failures, damages or indirectly from or caused by remediation due to: • mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot rot, regardless of the source, origin, or location and any other cause location; • lack of capacity in the existing system or event contributing concurrently or appliance, under/oversized systems in any sequence relation to the mechanical failure.
3. This Agreement does not cover upgrading square footage for the area being heated or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized)cooled; dimensional or design change; • conditions of insufficient or excessive water pressure; • conditions of inadequate wiring capacity; , circuit overload; , power failure and/or surge.
6. This Agreement does not cover costs for (except as otherwise specified in this Agreement): • construction, carpentry, dimensional or design change, or other modifications necessary to remove, relocate or install equipment; • providing or closing access to covered items; • equipment to gain access or permit serviceability such as but not limited to scaffolding; • restoration of any wall or floor coverings, cabinets, counter tops, tiling, paint or the like; • failure to meet building code(s); , zoning requirements; , utility regulations; or • failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply ; • compliance with federal, state, and/or local law, code, regulation, or ordinance; • for testing required by state or local municipalities, such as but not limited to, load calculation or duct certification; • for additional charges to access or transport materials, supplies, or independent contractors to the covered property, such as but not limited to: tolls, required use of ferries, or barges; • permits; • code upgrades; • modifications.
7. All such costs are your responsibilityThis Agreement does not cover: • removal and/or disposal of hazardous or toxic material or asbestos; • the use of cranes or other lifting equipment required to service any item or system; • excavation or other charges associated with gaining access to a well pump; • electronic computerized, or home energy management systems or devices; LCD displays that do not affect the primary operation of the unit unless otherwise stated in this agreement; • lighting and/or appliance management systems, unless otherwise stated in this agreement; • radon monitoring systems, fire sprinkler systems, and solar systems and components.
8. This Agreement does not cover delays or failures to provide service caused by, or related to: • any of the exclusions listed herein; • shortages of labor and/or materials; • any other cause beyond our reasonable control.
Appears in 4 contracts
Sources: Home Service Agreement, Home Service Agreement, Home Service Agreement
General Exclusions and Limitations. 1. This Agreement shall not cover any item(s) if they are: mismatched systems with components having incompatible capacity ratings; modified from the original manufacturer design or application; items determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items panel mounted to the outside the main perimeterwall, pool, spa, septic tank, and well pump).
2. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglect; improper installation; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
3. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 2 contracts
General Exclusions and Limitations. 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around covered items and/or systems to ensure that these items and/or systems are able to function properly as specified by the manufacturer.
2. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees,
3. This Agreement shall not cover any item(s) if they are: mismatched systems with • systems, appliances or components having incompatible capacity ratingsclassified by the manufacturer as commercial-grade; modified from the original manufacturer design or application• flues, venting, chimneys, and exhaust lines; items • determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s manufacturers improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or • below the slab or basement floor of the home; or except as otherwise specified in this Agreement; • located outside the perimeter of the main foundation or a detached garage (i.e., i.e. outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel, water heater) or unless specifically covered with optional coverage purchased for items outside the main perimeter. These exceptions must be installed for diagnose and must be manufactured for outside use or be located in a structure which protects items from the elements; • damaged by you in the course of remodeling or unauthorized repair.
24. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from causes other causesthan normal wear and tear, such as without limitation: • abuse, misuse and/or neglect; • lightning strikes, power failure, power surge; • missing partscomponents, parts or equipment; • animal, pet and/or pest damage; power failure; power surge; • fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; acts of God; • manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other • structural and/or property damage; • accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property; • any noise without a related mechanical failure.
5. This Agreement does not cover mechanical failures resulting directly failures, damages or indirectly from or caused by remediation due to: • mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot rot, regardless of the source, origin, or location and any other cause location; • lack of capacity in the existing system or event contributing concurrently or appliance, under/oversized systems in any sequence relation to the mechanical failure.
3. This Agreement does not cover upgrading square footage for the area being heated or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized)cooled; dimensional or design change; • conditions of insufficient or excessive water pressure; • conditions of inadequate wiring capacity; , circuit overload; , power failure and/or surge.
6. This Agreement does not cover costs for (except as otherwise specified in this Agreement): • construction, carpentry, dimensional or design change, or other modifications necessary to remove, relocate or install equipment; • providing or closing access to covered items; • equipment to gain access or permit serviceability such as but not limited to scaffolding; • restoration of any wall or floor coverings, cabinets, counter tops, tiling, paint or the like; • failure to meet building code(s); , zoning requirements; , utility regulations; or • failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply ; • compliance with federal, state, and/or local law, code, regulation, or ordinance; • for testing required by state or local municipalities, such as but not limited to, load calculation or duct certification; • for additional charges to access or transport materials, supplies, or independent contractors to the covered property, such as but not limited to: tolls, required use of ferries, or barges; • permits; • code upgrades; • modifications.
7. All This Agreement does not cover: • removal and/or disposal of hazardous or toxic material or asbestos; • the use of cranes or other lifting equipment required to service any item or system; • excavation or other charges associated with gaining access to a well pump; • electronic computerized, or home energy management systems or devices; LCD displays that do not affect the primary operation of the unit unless otherwise stated in this agreement; • lighting and/or appliance management systems, unless otherwise stated in this agreement; • radon monitoring systems, fire sprinkler systems, and solar systems and components.
8. This Agreement does not cover delays or failures to provide service caused by, or related to: • any of the exclusions listed herein; • shortages of labor and/or materials; • any other cause beyond our reasonable control.
9. This Agreement does not cover replacement of functional components of HVAC systems for reasons of compatibility or efficiency requirements of the manufacturer unless additional coverage for such costs are your responsibilitycircumstance is purchased. This additional coverage must be purchased within 30 days from the effective date of this Agreement. To obtain this coverage, call the number on you Agreement Coverage Summary page or visit ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.
Appears in 2 contracts
Sources: Home Service Agreement, Home Service Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any Items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(sItem(s) if they are: mismatched (systems with incompatible components having incompatible with different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unitunits, main electrical panel) or unless specifically covered with optional coverage purchased for items panels mounted on outside the main perimeterwalls, pool, spa and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or or neglect; improper installation; improper or insufficient maintenance; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items Covered Items due to, but not limited towithout limitation, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or appliance or component, or part thereof. This Agreement also does not cover any costs associated with or due to any incompatibility between any existing equipment, system or Item and any new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing installation of different equipment. This Agreement does not cover any costs associated with any upgrades or modifications required to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 2 contracts
Sources: Home Service Agreement, Home Service Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(s) if they are: mismatched (systems with incompatible components having incompatible with different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unitunits, main electrical panel) or unless specifically covered with optional coverage purchased for items panels mounted on outside the main perimeterwalls, pool, spa, sump pump and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglectabuse or misuse; lightning improper installation; improper or insufficient maintenance; neglect or misuse; lightening strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or appliance or component, or part thereof or with new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 2 contracts
Sources: Home Service Agreement, Home Service Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any Items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(sItem(s) if they are: mismatched (systems with incompatible components having incompatible with different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unitunits, main electrical panel) or unless specifically covered with optional coverage purchased for items panels mounted on outside the main perimeterwalls, pool, spa and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as as, without limitation: abuse, misuse and/or or neglect; improper installation; improper or insufficient maintenance; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items Items due to, but not limited towithout limitation, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or component, or part thereof. This Agreement also does not cover any costs associated with or due to any incompatibility between any existing equipment, system or Item and any new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing installation of different equipment. This Agreement does not cover any costs associated with any upgrades or modifications required to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 2 contracts
Sources: Home Service Agreement, Home Service Agreement
General Exclusions and Limitations. 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around covered items and/or systems to ensure that these items and/or systems are able to function properly as specified by the manufacturer.
2. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, home service agreement or home warranty. Our coverage is secondary to such insurance, warranties, or guarantees.
3. This Agreement shall not cover any item(s) if they are: mismatched systems with • systems, appliances or components having incompatible capacity ratingsclassified by the manufacturer as commercial-grade; modified from the original manufacturer design or application• flues, venting, chimneys, and exhaust lines; items • determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s manufacturers improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or • below the slab or basement floor of the home; or except as otherwise specified in this Agreement; • located outside the perimeter of the main foundation or a detached garage (i.e., i.e. outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel, water heater) or unless specifically covered with optional coverage purchased for items outside the main perimeter. These exceptions must be installed for diagnose and must be manufactured for outside use or be located in a structure which protects items from the elements; • damaged by you in the course of remodeling or unauthorized repair.
24. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from causes other causesthan normal wear and tear, such as without limitation: • abuse, misuse and/or neglect; • lightning strikes, power failure, power surge; • missing partscomponents, parts or equipment; • animal, pet and/or pest damage; power failure; power surge; • fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; acts of God; • manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other • structural and/or property damage; • accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property; • any noise without a related mechanical failure.
5. This Agreement does not cover mechanical failures resulting directly failures, damages or indirectly from or caused by remediation due to: • mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot rot, regardless of the source, origin, or location and any other cause location; • lack of capacity in the existing system or event contributing concurrently or appliance, under/oversized systems in any sequence relation to the mechanical failure.
3. This Agreement does not cover upgrading square footage for the area being heated or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized)cooled; dimensional or design change; • conditions of insufficient or excessive water pressure; • conditions of inadequate wiring capacity; , circuit overload; , power failure and/or surge.
6. This Agreement does not cover costs for (except as otherwise specified in this Agreement): • construction, carpentry, dimensional or design change, or other modifications necessary to remove, relocate or install equipment; • providing or closing access to covered items; • equipment to gain access or permit serviceability such as but not limited to scaffolding; • restoration of any wall or floor coverings, cabinets, counter tops, tiling, paint or the like; • failure to meet building code(s); , zoning requirements; , utility regulations; or • failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply ; • compliance with federal, state, and/or local law, code, regulation, or ordinance; • for testing required by state or local municipalities, such as but not limited to, load calculation or duct certification; • for additional charges to access or transport materials, supplies, or independent contractors to the covered property, such as but not limited to: tolls, required use of ferries, or barges; • permits; • code upgrades; • modifications.
7. All This Agreement does not cover: • removal and/or disposal of hazardous or toxic material or asbestos; • the use of cranes or other lifting equipment required to service any item or system; • excavation or other charges associated with gaining access to a well pump; • electronic computerized, or home energy management systems or devices; LCD displays that do not affect the primary operation of the unit unless otherwise stated in this agreement; • lighting and/or appliance management systems, unless otherwise stated in this agreement; • radon monitoring systems, fire sprinkler systems, and solar systems and components.
8. This Agreement does not cover delays or failures to provide service caused by, or related to: • any of the exclusions listed herein; • shortages of labor and/or materials; • any other cause beyond our reasonable control.
9. This Agreement does not cover replacement of functional components of HVAC systems for reasons of compatibility or efficiency requirements of the manufacturer unless additional coverage for such costs are your responsibilitycircumstance is purchased. This additional coverage must be purchased within 30 days from the effective date of this Agreement. To obtain this coverage, call the number on you Agreement Coverage Summary page or visit ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.
Appears in 2 contracts
Sources: Home Service Agreement, Home Service Agreement
General Exclusions and Limitations. 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around covered items and/or systems to ensure that these items and/or systems are able to function properly as specified by the manufacturer.
2. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees,
3. This Agreement shall not cover any item(s) if they are: mismatched systems with • systems, appliances or components having incompatible capacity ratingsclassified by the manufacturer as commercial-grade; modified from the original manufacturer design or application• flues, venting, chimneys, and exhaust lines; items • determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s manufacturers improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or • below the slab or basement floor of the home; or except as otherwise specified in this Agreement; • located outside the perimeter of the main foundation or a detached garage (i.e., i.e. outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel, water heater) or unless specifically covered with optional coverage purchased for items outside the main perimeter. These exceptions must be installed for diagnose and must be manufactured for outside use or be located in a structure which protects items from the elements; • damaged by you in the course of remodeling or unauthorized repair.
24. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from causes other causesthan normal wear and tear, such as without limitation: • abuse, misuse and/or neglect; • lightning strikes, power failure, power surge; • missing partscomponents, parts or equipment; • animal, pet and/or pest damage; power failure; power surge; • fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; acts of God; • manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other • structural and/or property damage; • accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property; • any noise without a related mechanical failure.
5. This Agreement does not cover mechanical failures resulting directly failures, damages or indirectly from or caused by remediation due to: • mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot rot, regardless of the source, origin, or location and any other cause location; • lack of capacity in the existing system or event contributing concurrently or appliance, under/oversized systems in any sequence relation to the mechanical failure.
3. This Agreement does not cover upgrading square footage for the area being heated or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized)cooled; dimensional or design change; • conditions of insufficient or excessive water pressure; • conditions of inadequate wiring capacity; , circuit overload; , power failure and/or surge.
6. This Agreement does not cover costs for (except as otherwise specified in this Agreement): • construction, carpentry, dimensional or design change, or other modifications necessary to remove, relocate or install equipment; • providing or closing access to covered items; • equipment to gain access or permit serviceability such as but not limited to scaffolding; • restoration of any wall or floor coverings, cabinets, counter tops, tiling, paint or the like; • failure to meet building code(s); , zoning requirements; , utility regulations; or • failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply ; • compliance with federal, state, and/or local law, code, regulation, or ordinance; • for testing required by state or local municipalities, such as but not limited to, load calculation or duct certification; • for additional charges to access or transport materials, supplies, or independent contractors to the covered property, such as but not limited to: tolls, required use of ferries, or barges; • permits; • code upgrades; • modifications.
7. All such costs are your responsibilityThis Agreement does not cover: • removal and/or disposal of hazardous or toxic material or asbestos; • the use of cranes or other lifting equipment required to service any item or system; • excavation or other charges associated with gaining access to a well pump; • electronic computerized, or home energy management systems or devices; LCD displays that do not affect the primary operation of the unit unless otherwise stated in this agreement; • lighting and/or appliance management systems, unless otherwise stated in this agreement; • radon monitoring systems, fire sprinkler systems, and solar systems and components.
8. This Agreement does not cover delays or failures to provide service caused by, or related to: • any of the exclusions listed herein; • shortages of labor and/or materials; • any other cause beyond our reasonable control.
Appears in 1 contract
Sources: Home Service Agreement
General Exclusions and Limitations. 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine
2. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, home service agreement or home warranty. Our coverage is secondary to such insurance, warranties, or guarantees.
3. This Agreement shall not cover any item(s) if they are: mismatched systems with systems, appliances or components having incompatible capacity ratingsclassified by the manufacturer as commercial-grade; modified from the original manufacturer design or application flues, venting, chimneys, and exhaust lines; items determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s manufacturers improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or except as otherwise specified in this Agreement; located outside the perimeter of the main foundation or a detached garage (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel, water heater) or unless specifically covered with optional coverage purchased for items outside the main perimeter. These exceptions must be installed for diagnose and must be manufactured for outside use or be located in a structure which protects items from the elements; damaged by you in the course of remodeling or unauthorized repair.
24. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from causes other causesthan normal wear and tear, such as without limitation: abuse, misuse and/or neglect; lightning strikes, power failure, power surge; missing partscomponents, parts or equipment; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; acts of God; manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; structural and/or property damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property; any noise without a related mechanical failure.
5. This Agreement does not cover mechanical failures resulting directly failures, damages or indirectly from or caused by remediation due to: mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot rot, regardless of the source, origin, or location and any other cause location; lack of capacity in the existing system or event contributing concurrently or appliance, under/oversized systems in any sequence relation to the mechanical failure.
3. This Agreement does not cover upgrading square footage for the area being heated or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized)cooled; dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; , circuit overload; , power failure and/or surge.
6. This Agreement does not cover costs for (except as otherwise specified in this Agreement): construction, carpentry, dimensional or design change, or other modifications necessary to remove, relocate or install equipment; providing or closing access to covered items; equipment to gain access or permit serviceability such as but not limited to scaffolding, restoration of any wall or floor coverings, cabinets, counter tops, tiling, paint or the like; failure to meet building code(s); , zoning requirements; , utility regulations; or failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply ; compliance with federal, state, and/or local law, code, regulation, or ordinance; for testing required by state or local municipalities, such as but not limited to, load calculation or duct certification; for additional charges to access or transport materials, supplies, or independent contractors to the covered property, such as but not limited to: tolls, required use of ferries, or barges; permits; code upgrades; modifications.
7. All such costs are your responsibilityThis Agreement does not cover: removal and/or disposal of hazardous or toxic material or asbestos; the use of cranes or other lifting equipment required to service any item or system; excavation or other charges associated with gaining access to a well pump; electronic computerized, or home energy management systems or devices; LCD displays that do not affect the primary operation of the unit unless otherwise stated in this agreement; lighting and/or appliance management systems, unless otherwise stated in this agreement; radon monitoring systems, fire sprinkler systems, and solar systems and components.
8. This Agreement does not cover delays or failures to provide service caused by, or related to: any of the exclusions listed herein; shortages of labor and/or materials; any other cause beyond our reasonable control.
Appears in 1 contract
Sources: Home Service Agreement
General Exclusions and Limitations. SAMPLE
1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine
2. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, home service agreement or home warranty. Our coverage is secondary to such insurance, warranties, or guarantees.
3. This Agreement shall not cover any item(s) if they are: mismatched systems with • systems, appliances or components having incompatible capacity ratingsclassified by the manufacturer as commercial-grade; modified from the original manufacturer design or application• flues, venting, chimneys, and exhaust lines; items • determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s manufacturers improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or • below the slab or basement floor of the home; or except as otherwise specified in this Agreement; • located outside the perimeter of the main foundation or a detached garage (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel, water heater) or unless specifically covered with optional coverage purchased for items outside the main perimeter.. These exceptions must be installed for diagnose and must be manufactured for outside use or be located in a structure which protects items from the elements; • damaged by you in the course of remodeling or unauthorized repair;
24. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from causes other causesthan normal wear and tear, such as without limitation: • lack of routine maintenance and cleaning as specified and recommended by the manufacturer; • abuse, misuse and/or neglect; • lightning strikes, power failure, power surge; • missing partscomponents, parts or equipment; • animal, pet and/or pest damage; power failure; power surge; • fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; acts of God; • manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; • structural and/or property damage; • accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property; • any noise without a related mechanical failure.
5. This Agreement does not cover mechanical failures resulting directly failures, damages or indirectly from or caused by remediation due to: • mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot rot, regardless of the source, origin, or location and any other cause location; • lack of capacity in the existing system or event contributing concurrently or appliance, under/oversized systems in any sequence relation to the mechanical failure.
3. This Agreement does not cover upgrading square footage for the area being heated or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized)cooled; dimensional or design change; • conditions of insufficient or excessive water pressure; • conditions of inadequate wiring capacity; , circuit overload; , power failure and/or surge.
6. This Agreement does not cover costs for (except as otherwise specified in this Agreement): • construction, carpentry, dimensional or design change, or other modifications necessary to remove, relocate or install equipment; • providing or closing access to covered items; • equipment to gain access or permit serviceability such as but not limited to scaffolding, • restoration of any wall or floor coverings, cabinets, counter tops, tiling, paint or the like; • failure to meet building code(s); , zoning requirements; , utility regulations; or • failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply ; SAMPLE • compliance with federal, state, and/or local law, code, regulation, or ordinance; • for testing required by state or local municipalities, such as but not limited to, load calculation or duct certification; • for additional charges to access or transport materials, supplies, or independent contractors to the covered property, such as but not limited to: tolls, required use of ferries, or barges; • permits; • code upgrades; • modifications.
7. All such costs are your responsibilityThis Agreement does not cover: • removal and/or disposal of hazardous or toxic material or asbestos; • the use of cranes or other lifting equipment required to service any item or system; • excavation or other charges associated with gaining access to a well pump; • electronic computerized, or home energy management systems or devices; Wi-Fi enabled systems and or appliances; LCD displays that do not affect the primary operation of the unit;, unless otherwise stated in this agreement; • lighting and/or appliance management systems, unless otherwise stated in this agreement; • radon monitoring systems, fire sprinkler systems, and solar systems and components.
8. This Agreement does not cover delays or failures to provide service caused by, or related to: • any of the exclusions listed herein; • shortages of labor and/or materials; • any other cause beyond our reasonable control.
Appears in 1 contract
Sources: Home Service Agreement
General Exclusions and Limitations. 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around covered items and/or systems to ensure that these items and/or systems are able to function properly as specified by the manufacturer.
2. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees,
3. This Agreement shall not cover any item(s) if they are: mismatched systems with • systems, appliances or components having incompatible capacity ratingsclassified by the manufacturer as commercial-grade; modified from the original manufacturer design or application• flues, venting, chimneys, and exhaust lines; items • determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s manufacturers improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or • below the slab or basement floor of the home; or except as otherwise specified in this Agreement; • located outside the perimeter of the main foundation or a detached garage (i.e., i.e. outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel, water heater) or unless specifically covered with optional coverage purchased for items outside the main perimeter. These exceptions must be installed for diagnose and must be manufactured for outside use or be located in a structure which protects items from the elements; • damaged by you in the course of remodeling or unauthorized repair.
24. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from causes other causesthan normal wear and tear, such as without limitation: • abuse, misuse and/or neglect; • lightning strikes, power failure, power surge; • missing partscomponents, parts or equipment; • animal, pet and/or pest damage; power failure; power surge; • fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; acts of God; • manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; • structural and/or property damage; • accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property; • any noise without a related mechanical failure.
5. This Agreement does not cover mechanical failures resulting directly failures, damages or indirectly from or caused by remediation due to: • mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot rot, regardless of the source, origin, or location and any other cause location; • lack of capacity in the existing system or event contributing concurrently or appliance, under/oversized systems in any sequence relation to the mechanical failure.
3. This Agreement does not cover upgrading square footage for the area being heated or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized)cooled; dimensional or design change; • conditions of insufficient or excessive water pressure; • conditions of inadequate wiring capacity; , circuit overload; , power failure and/or surge.
6. This Agreement does not cover costs for (except as otherwise specified in this Agreement): • construction, carpentry, dimensional or design change, or other modifications necessary to remove, relocate or install equipment; • providing or closing access to covered items; • equipment to gain access or permit serviceability such as but not limited to scaffolding; • restoration of any wall or floor coverings, cabinets, counter tops, tiling, paint or the like; • failure to meet building code(s); , zoning requirements; , utility regulations; or • failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply ; • compliance with federal, state, and/or local law, code, regulation, or ordinance; • for testing required by state or local municipalities, such as but not limited to, load calculation or duct certification; • for additional charges to access or transport materials, supplies, or independent contractors to the covered property, such as but not limited to: tolls, required use of ferries, or barges; • permits; • code upgrades; • modifications.
7. All such costs are your responsibilityThis Agreement does not cover: • removal and/or disposal of hazardous or toxic material or asbestos; • the use of cranes or other lifting equipment required to service any item or system; • excavation or other charges associated with gaining access to a well pump; • electronic computerized, or home energy management systems or devices; LCD displays that do not affect the primary operation of the unit unless otherwise stated in this agreement; • lighting and/or appliance management systems, unless otherwise stated in this agreement; • radon monitoring systems, fire sprinkler systems, and solar systems and components.
8. This Agreement does not cover delays or failures to provide service caused by, or related to: • any of the exclusions listed herein; • shortages of labor and/or materials; • any other cause beyond our reasonable control.
Appears in 1 contract
Sources: Home Service Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(s) if they are: mismatched systems (appliances with incompatible components having incompatible with different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items outside the main perimeterstructure.
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglectabuse or misuse; improper installation; improper or insufficient maintenance; neglect or misuse; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement appliance or component, or part thereof or with new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
6. This Agreement does not cover: fees associated with the removal and disposal of old appliances and components; any fees or costs, including but not limited to, disposal fees arising from hazardous or toxic material, asbestos, freon or freon reclamation.
7. This Agreement does not cover repair or replacement of appliances or components classified by the manufacturer as commercial-grade.
8. This Agreement does not cover (a) fees associated with use of cranes or other lifting equipment required to service any item or appliance; or (b) electronic computerized energy management systems or devices, or lighting and/or appliance management systems.
9. This Agreement does not cover any costs incurred to gain access to a covered item, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property.
10. This Agreement does not cover delays or failures to provide service caused by, or related to: any of the exclusions listed herein; shortages of labor and/or materials; or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.
11. This Agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any item or appliance, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.
12. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or in-home warranty’s. Our coverage is secondary to such insurance, warranties, or guarantees.
13. This Agreement does not cover any mechanical failure when the covered item or appliance has been repaired, modified, disabled or adjusted in any way which prevents us or our independent contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. If you authorize or perform any improper alterations, installations or repairs or improperly modify any appliance or component covered by this Agreement, or damage it in the course of remodeling or repair, we will no longer be obligated to cover such item(s).
14. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and appliances as specified and recommended by the manufacturer. Any mechanical failures resulting from your failure to provide routine maintenance as specified in this paragraph, or as otherwise required in this Agreement, shall not be covered in accordance with Section IV, Paragraph 3 of this Agreement.
15. We are not liable for any damages that result from an independent contractor’s service, delay in providing service or failure to provide service. We are not liable for any incidental, consequential, special, and/or punitive damages, whether caused by negligence or any other cause, and you agree to waive any and all claims for such damages, arising from, resulting from or related to any independent contractor’s service, delay in providing service or failure to provide service, including, but not limited to, damages, resulting from delays in securing parts and/or labor, the failure of any equipment used by an independent contractor, labor difficulties, and/or the negligent, tortious and/or unlawful acts or omissions of any independent contractor.
16. Under any and all circumstances, our maximum liability, in the aggregate, for any and all claims submitted per term of this Agreement shall be $10,000. This aggregate maximum liability per term of the Agreement includes any and all covered claims made in accordance with the terms of this Agreement, as well as any and all claims, causes of action and/or rights of action, whether filed in arbitration or any court of law, for breach of contract, negligence, torts, strict liability, claims arising under any state or federal statute (to the extent such limitations are permitted by law), indemnification, contribution, and/or subrogation.
Appears in 1 contract
Sources: Home Service Agreement
General Exclusions and Limitations. 1. This Agreement agreement between Mountain and Inspector provides coverage for the mechanical failure of only those appliances, systems, and components listed as covered. This agreement does not cover any items not specifically listed as covered.
2. This agreement shall not cover any item(s) items if they are: mismatched systems with components having incompatible capacity ratings; modified from the original manufacturer design or application; items are determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items outside the main perimeter.
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to agreement does not cover failures that may result from causes other than ordinary wear and tear. Accordingly, the Agreement does including but not cover failures which may result from other causes, such as without limitationlimited to: abuse, misuse and/or neglectimproper installation; lightning lightening strikes; missing parts; animal, pet and/or pet, or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damageGod or Nature; flood; smoke; earthquake; freeze damage; accidentswater damage; war; or the tortious or criminal acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of propertyothers.
4. This Agreement agreement does not cover mechanical failures failures, damage, or conditions resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or water, water leaks, water penetration, moisture, wet or dry rot regardless of the source, origin, or location and any other cause or event condition contributing concurrently or in any sequence to the mechanical failure.
35. This Agreement agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulationsimprovements.
46. This Agreement agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement agreement does not cover cosmetic repairs.
7. This agreement does not cover the removal and disposal of old appliances, systems, or components.
8. This agreement does not cover appliances, systems, or components deemed by MISA as commercial- grade or not standard grade.
9. This agreement does not cover asbestos insulation.
10. This agreement does not cover any costs associated with secondary, incidental, consequential, special and/or punitive damages that results from or was caused by a failure, defect, or problem.
11. This agreement does not cover repairs or replacements of any item covered by other insurance, warranties, or guarantees.
12. This agreement does not cover insulation in the attic, walls, ceilings, or floors. This agreement does not cover the absence, presence, inadequate thickness, or improper installation of insulation.
13. This agreement does not cover systems or components that are beyond the scope of a home inspection according to the Standards of Practice to which the inspection was performed. The Standards of Practice should be clearly identified in the home inspection report.
14. This agreement does not cover auxiliary or detached structures, and all systems and components related to those structures; playground structures and equipment; landscaping structures, ponds, and water pools; and swimming pools and related systems and components.
15. This agreement does not cover water penetration or moisture infiltration into the structure, including flooding, water leaks, and roof leaks.
16. This agreement does not cover any property damaged resulting from or caused by water or moisture.
17. This agreement does not cover potentially hazardous plants or animals including, but not limited to, rodents, vermin, wood-destroying insects, wood destroying organisms or diseases harmful to humans including molds or mold-like substances.
18. This agreement does not cover the presence of any environmental hazards including, but not limited to, asbestos, radon, lead, toxins, carcinogens, noise, and contaminants in paint, soil, water, air, and building material.
19. This agreement does not cover the removal, repair, or replacement of walls, ceiling, flooring, roof covering, or masonry in order to repair or correct.
20. This agreement does not cover improvements, modifications, upgrades and bringing-up to code, rule, or modifications to comply with regulation.
21. This agreement does not cover damages or conditions caused by violations of code or building standards, whether federal, state, and/or local lawor local.
22. This agreement does not cover regular maintenance, codeservice, regulationand care of systems, components, and appliances. This agreement does not cover conditions, damage, failure, or ordinanceinoperability caused by or resulting from lack of regular maintenance, service, and care. All such costs are your responsibilityThis agreement does not cover conditions that existed prior to the inspection date; lack of routine maintenance and care; misuse; and rust and/or corrosion.
23. This agreement does not cover interior flues of chimneys, stoves, or fireplaces.
24. This agreement does not cover failure caused by rust, corrosion, or moisture.
25. This agreement does not cover improvement or correction of the soil or ground, or grading.
Appears in 1 contract
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any Items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(sItem(s) if they are: mismatched (systems with incompatible components having incompatible with different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unitunits, main electrical panel) or unless specifically covered with optional coverage purchased for items panels mounted on outside the main perimeterwalls, pool, spa and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as as, without limitation: abuse, misuse and/or or neglect; improper installation; improper or insufficient maintenance; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items Covered Items due to, but not limited towithout limitation, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.. SAMPLE
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or appliance or component, or part thereof. This Agreement also does not cover any costs associated with or due to any incompatibility between any existing equipment, system or Item and any new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing installation of different equipment. This Agreement does not cover any costs associated with any upgrades or modifications required to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 1 contract
Sources: Home Warranty Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(s) if they are: mismatched systems with components having incompatible capacity ratings; modified from the original manufacturer design or application; items determined to be defective by the Consumer Product Safety Commission or the th e manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure structur e with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items panel mounted to the outside the main perimeterwall, pool, spa, septic tank, and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglect; improper installation; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 1 contract
Sources: Home Warranty Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(s) if they are: mismatched (systems with incompatible components having incompatible with different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unitunits, main electrical panel) or unless specifically covered with optional coverage purchased for items panels mounted on outside the main perimeterwalls, pool, spa, sump pump and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglectabuse or misuse; improper installation; improper or insufficient maintenance; neglect or misuse; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or appliance or component, or part thereof or with new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 1 contract
Sources: Home Service Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(s) if they are: mismatched systems with components having incompatible capacity ratings; modified from the original manufacturer design or application; items determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure structur e with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items panel mounted to the outside the main perimeterwall, pool, spa, septic tank, and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglect; improper installation; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordinance. All such costs are your responsibility.
Appears in 1 contract
Sources: Home Warranty Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(s) if they are: mismatched systems (incompatible components with components having incompatible different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items outside the main perimeterstructure).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglectabuse or misuse; improper installation; improper or insufficient maintenance; neglect or misuse; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorismterrorism ; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity c apacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure failur e to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement appliance or component, or part thereof or with new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
6. This Agreement does not cover: fees associated with the removal and disposal of old appliances and components; any fees or costs, including but not limited to, disposal fees arising from hazardous or toxic material, asbestos, freon or freon reclamation.
7. This Agreement does not cover repair or replacement of appliances or components classified by the manufacturer as commercial-grade. In no event shall we be liable for claims in excess of $1,000 in the aggregate, per agreement term, per commercial-like or ultra-premium appliance such as, but not limited to: brand names such as Sub-zero, GE Monogram Series, Thermador, JENN-AIR, Viking, and Delfield (individual trademarks are owned by the brand name company).
8. This Agreement does not cover (a) fees associated with use of cranes or other lifting equipment required to service any item; or (b) electronic computerized energy management systems or devices, or appliance management systems.
9. This Agreement does not cover any costs incurred to gain access to a covered item, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to m ove such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property. This Agreement does not cover any costs associated with equipment to gain access or permit serviceability such as but not limited to scaffolding.
10. This Agreement does not cover delays or failures to provide service caused by, or related to: any of the exclusions listed herein; shortages of labor and/or materials; or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.
11. This agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any item, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.
12. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, inclu ding but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or in-home warranty’s. Our coverage is secondary to such insurance, warranties, or guarantees.
13. This Agreement does not cover any mechanical failure when the covered item has been repaired, modified, disabled or adjusted in any way which prevents us or our independent contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. If you authorize or perform any improper alterations, installations or repairs or improperly modify any appliance or component covered by this Agreement, or damage it in the course of remodeling or repair, we will no longer be obligated to cover such item(s).
14. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around covered items to ensure that these items are able to function properly as specified by the manufacturer. Any mechanical failures resulting from your failure to provide routine maintenance as specified in this paragraph, or as otherwise required in this Agreement, shall not be covered in accordance with Section IV, Paragraph 3 of this Agreement.
15. Subject to the limitations and exclusions in this Agreement, our maximum liability per covered claim submitted pursuant to this Agreement (i.e. a payment made as a result of a request for service due to a single mechanical failure of a single covered item) shall not exceed $15,000.
16. We are not liable for any damages that result from an independent contractor’s service, delay in providing service or failure to provide service. We are not liable for any incidental, consequential, special, and/or punitive damages, whether caused by negligence or any other cause, and you agree to waive any and all claims for such damages, arising from, resulting from or related to any independent contractor’s service, delay in providing service or failure to provide service, including, but not limited to, damages, resulting from delays in securing parts and/or labor, the failure of any equipment used by an independent contractor, labor difficulties, and/or the negligent, tortious and/or unlawful acts or omissions of any independent contractor.
17. Under any and all circumstances, our maximum liability, in the aggregate, for any and all claims submitted per term of this Agreement shall be $15,000. This aggregate maximum liability per term of the Agreement includes any and all covered claims made in accordance with the terms of this Agreement, as well as any and all claims, causes of action and/or rights of action, whether filed in arbitratio n or any court of law, for breach of contract, negligence, torts, strict liability, claims arising under any state or federal statute (to the extent such limitations are permitted by law), indemnification, contribution, and/or subrogation.
Appears in 1 contract
Sources: Home Service Agreement
General Exclusions and Limitations. 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine
2. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, home service agreement or home warranty. Our coverage is secondary to such insurance, warranties, or guarantees. SAMPLE
3. This Agreement shall not cover any item(s) if they are: mismatched systems with • systems, appliances or components having incompatible capacity ratingsclassified by the manufacturer as commercial-grade; modified from the original manufacturer design or application• flues, venting, chimneys, and exhaust lines; items • determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s manufacturers improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or • below the slab or basement floor of the home; or except as otherwise specified in this Agreement; • located outside the perimeter of the main foundation or a detached garage (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel, water heater) or unless specifically covered with optional coverage purchased for items outside the main perimeter.. These exceptions must be installed for diagnose and must be manufactured for outside use or be located in a structure which protects items from the elements; • damaged by you in the course of remodeling or unauthorized repair;
24. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from causes other causesthan normal wear and tear, such as without limitation: • lack of routine maintenance and cleaning as specified and recommended by the manufacturer; • abuse, misuse and/or neglect; • lightning strikes, power failure, power surge; • missing partscomponents, parts or equipment; • animal, pet and/or pest damage; power failure; power surge; • fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; acts of God; • manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other • structural and/or property damage; • accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property; • any noise without a related mechanical failure.
5. This Agreement does not cover mechanical failures resulting directly failures, damages or indirectly from or caused by remediation due to: • mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot rot, regardless of the source, origin, or location and any other cause location; • lack of capacity in the existing system or event contributing concurrently or appliance, under/oversized systems in any sequence relation to the mechanical failure.
3. This Agreement does not cover upgrading square footage for the area being heated or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized)cooled; dimensional or design change; • conditions of insufficient or excessive water pressure; • conditions of inadequate wiring capacity; , circuit overload; , power failure and/or surge.
6. This Agreement does not cover costs for (except as otherwise specified in this Agreement): • construction, carpentry, dimensional or design change, or other modifications necessary to remove, relocate or install equipment; • providing or closing access to covered items; • equipment to gain access or permit serviceability such as but not limited to scaffolding, • restoration of any wall or floor coverings, cabinets, counter tops, tiling, paint or the like; • failure to meet building code(s); , zoning requirements; , utility regulations; or • failure to comply with local, state or federal laws or regulations.
4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply ; • compliance with federal, state, and/or local law, code, regulation, or ordinance; • for testing required by state or local municipalities, such as but not limited to, load calculation or duct certification; • for additional charges to access or transport materials, supplies, or independent contractors to the covered property, such as but not limited to: tolls, required use of ferries, or barges; • permits; • code upgrades; • modifications.
7. All This Agreement does not cover: • removal and/or disposal of hazardous or toxic material or asbestos; • the use of cranes or other lifting equipment required to service any item or system; SAMPLE • excavation or other charges associated with gaining access to a well pump; • electronic computerized, or home energy management systems or devices; Wi-Fi enabled systems and or appliances; LCD displays that do not affect the primary operation of the unit;, unless otherwise stated in this agreement; • lighting and/or appliance management systems, unless otherwise stated in this agreement; • radon monitoring systems, fire sprinkler systems, and solar systems and components.
8. This Agreement does not cover delays or failures to provide service caused by, or related to: • any of the exclusions listed herein; • shortages of labor and/or materials; • any other cause beyond our reasonable control.
9. This Agreement does not cover replacement of functional components of HVAC systems for reasons of compatibility or efficiency requirements of the manufacturer unless additional coverage for such costs are your responsibilitycircumstance is purchased. This additional coverage must be purchased within 30 days from the effective date of this Agreement. To obtain this coverage, call the number on you Agreement Coverage Summary page or visit ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.
Appears in 1 contract
Sources: Home Service Agreement
General Exclusions and Limitations. 1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This Agreement does not cover any items not specifically named as covered on your Agreement Coverage Summary.
2. This Agreement shall not cover any item(s) if they are: mismatched (systems with incompatible components having incompatible with different capacity ratings); modified from the original manufacturer design or application; items previously, or subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unitunits, main electrical panel) or unless specifically covered with optional coverage purchased for items panels mounted on outside the main perimeterwalls, pool, spa, sump pump and well pump).
23. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation: abuse, misuse and/or neglectabuse or misuse; lightning improper installation; improper or insufficient maintenance; neglect or misuse; lightening strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.
34. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.
45. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or appliance or component, or part thereof or with new type of fuel, 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. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or and local law, code, regulation, or ordinance. All such costs are your responsibility.
6. This Agreement does not cover: fees associated with the removal and disposal of old systems, appliances and components; any fees or costs, including but not limited to, disposal fees arising from hazardous or toxic material, asbestos, freon or freon reclamation.
7. This Agreement does not cover repair or replacement of systems, appliances or components classified by the manufacturer as commercial-grade. In no event shall we be liable for claims in excess of $1,000 in the aggregate, per agreement term, per commercial-like or ultra-premium appliance such as, but not limited to: brand names such as Sub-zero, GE Monogram Series, Thermador, JENN-AIR, Viking, and Delfield (individual trademarks are owned by the brand name company).
8. This Agreement does not cover (a) fees associated with use of cranes or other lifting equipment required to service any item or system; or (b) excavation or other charges associated with gaining access to the well pump; or (c) electronic computerized energy management systems or devices, or lighting and/or appliance management systems.
9. This Agreement does not cover ductwork with the sole exception of ductwork that is exposed and readily accessible to service a mechanical failure of a covered air conditioning or heating system or item. This Agreement does not cover: asbestos insulated ductwork; concrete encased or inaccessible ductwork; crushed/collapsed ductwork; ductwork damaged by moisture, water, pests and/or animals; insulation; registers, grills and dampers; underground ductwork. Inaccessible ductwork refers to ductwork that is used in central heating and/or air conditioning systems that is not exposed and cannot readily be accessed for replacement or repair due to design and installation obstacles such as, but not limited to, permanent partitions, chimneys, etc., and ductwork embedded in floors, walls or ceilings.
10. This Agreement does not cover any costs incurred to gain access to a covered item, system, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property. This Agreement does not cover any costs associated with equipment to gain access or permit serviceability such as but not limited to scaffolding.
11. This Agreement does not cover delays or failures to provide service caused by, or related to: any of the exclusions listed herein; shortages of labor and/or materials; or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.
12. This agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any item or system, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.
13. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or in-home warranty’s. Our coverage is secondary to such insurance, warranties, or guarantees.
14. This Agreement does not cover any mechanical failure when the covered item or system has been repaired, modified, disabled or adjusted in any way which prevents us or our independent contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. If you authorize or perform any improper alterations, installations or repairs or improperly modify any system, appliance or component covered by this Agreement, or damage it in the course of remodeling or repair, we will no longer be obligated to cover such item(s).
15. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around covered items and/or systems to ensure that these items and/or systems are able to function properly as specified by the manufacturer. Any mechanical failures resulting from your failure to provide routine maintenance as specified in this paragraph, or as otherwise required in this Agreement, shall not be covered in accordance with Section IV, Paragraph 3 of this Agreement.
16. Subject to the limitations and exclusions in this Agreement, our maximum liability per covered claim submitted pursuant to this Agreement (i.e. a payment made as a result of a request for service due to a single mechanical failure of a single covered item) shall not exceed $10,000.
17. We are not liable for any damages that result from an independent contractor’s service, delay in providing service or failure to provide service. We are not liable for any incidental, consequential, special, and/or punitive damages, whether caused by negligence or any other cause, and you agree to waive any and all claims for such damages, arising from, resulting from or related to any independent contractor’s service, delay in providing service or failure to provide service, including, but not limited to, damages, resulting from delays in securing parts and/or labor, the failure of any equipment used by an independent contractor, labor difficulties, and/or the negligent, tortious and/or unlawful acts or omissions of any independent contractor.
18. Under any and all circumstances, our maximum liability, in the aggregate, for any and all claims submitted per term of this Agreement shall be $15,000. This aggregate maximum liability per term of the Agreement includes any and all covered claims made in accordance with the terms of this Agreement, as well as any and all claims, causes of action and/or rights of action, whether filed in arbitration or any court of law, for breach of contract, negligence, torts, strict liability, claims arising under any state or federal statute (to the extent such limitations are permitted by law), indemnification, contribution, and/or subrogation.
Appears in 1 contract
Sources: Home Service Agreement