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Terms and Conditions
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LandAmerica Appliance Plan – Florida
Issued and Administered by Buyers Home Warranty Company (“Company”)
YOU MUST FIRST CONTACT THE COMPANY FOR SERVICE.
WE DO NOT REIMBURSE OR PAY FOR REPAIRS MADE WITHOUT PRIOR APPROVAL.
HOME WARRANTY COMPANIES MAY NOT PROVIDE LISTING COVERAGE FREE OF CHARGE.
CERTAIN ITEMS AND EVENTS ARE NOT COVERED BY THIS CONTRACT. PLEASE REFER TO THE EXCLUSIONS LISTED IN BOLD TYPE IN THIS DOCUMENT.
BEFORE CALLING FOR SERVICE
1. SHUT OFF the system or appliance to prevent further damage.
2. MAKE SURE THE PROBLEM IS COVERED. Problems left by the previous owner are not covered. We only cover systems and appliances that fail due to normal wear and tear. Certain exclusions and limitations could have an effect on coverage. PLEASE READ YOUR CONTRACT.
3. Is coverage in effect? Has the Company been paid? Has the contract expired?
HOW TO OBTAIN SERVICE
Call (800) 521-2492, or to save $5.00 on non-emergency service requests go to www.bhwc.com or fax request to (888) 217-9051. The Company is available to accept service requests 24 hours a day, 365 days a year. The Company will dispatch a contractor or technician who will call you directly to schedule an appointment during normal working hours.
On weekends and holidays, the contractor will contact you within 48 hours. The Company will determine what constitutes an emergency and will make reasonable efforts to expedite emergency service at no additional cost. If you request the Company to perform non-emergency service outside of normal business hours, you will be responsible for payment of additional fees, including overtime.
TRADE CALL FEE: You are responsible for the payment of a trade call fee each time a contractor is dispatched (except where more than one visit is required to remedy the same problem, in which case multiple visits will be considered a single service trade call fee). The trade call fee is due and payable at completion of the trade call. The Company will provide no additional service if a prior trade call fee is delinquent.
OTHER SERVICE INFORMATION
Because of your property location or other circumstances, the Company may permit you to or request that you obtain your own technician. The Company will pay only its usual and customary repair cost for covered repairs, and will pay for service only if the following conditions are met:
A. You must first call the Company to report the malfunction and obtain a work order number.
B. Prior to work commencement, you must call the Company with the technician’s estimate and obtain a payment authorization number. The Company reserves the right to use a technician of the Company’s choice if the estimate is, in the Company’s opinion, unreasonably expensive.
C. After completion of work, mail or fax invoice to the Company. Invoice must include work order number and authorization number to be paid. Also, indicate who is to be paid, you or the technician. The trade call fee will be deducted from the total.
D. This method of service is for repairs only, not replacements. All other terms and conditions of this contract are still applicable.
PLAN EFFECTIVE DATES
The effective and expiration dates are listed on the declaration sheet accompanying this contract. Coverage will begin 30 days after receipt of payment by the Company. If this contract is a renewal of a previously issued contract, there will be no lapse of coverage if payment of plan fee is received before the expiration date of the previous contract. If payment of plan fee is received after the expiration date of the previous contract, coverage will begin 30 days after receipt of payment. The Company reserves the right to inspect covered systems and appliances during this 30-day waiting period. The homeowner agrees to cooperate. (See LIMITATIONS ON LIABILITY, paragraph #17, “RENEWAL/TRANSFER”.)
COVERED SYSTEMS / APPLIANCES
The Company will repair or replace covered systems and appliances if they become inoperative due to normal wear and tear during the term of this contract. Only those systems and appliances specifically mentioned are covered, and only if they are properly and permanently installed and located within the perimeter of the main foundation of the home and/or detached garage, and were functioning in a safe and proper manner on the effective date of this contract.
KITCHEN APPLIANCES: OVEN/RANGE (Gas or Electric); DISHWASHER; GARBAGE DISPOSAL; HOT WATER DISPENSER; BUILT-IN TRASH COMPACTOR; BUILT-IN MICROWAVE OVEN; KITCHEN REFRIGERATOR.
Not Covered: Cosmetic problems, such as chipping, dents or scratches. Trim kits; racks; rollers; baskets; lights; interior linings; clocks; rotisseries; handles; knobs; buckets; lock & key assemblies; shelves; self-cleaning mechanisms; timers; meat probes; halogen units; refrigerator/stove combination units; refrigerator freezers that require an additional compressor to function; food spoilage; ice makers; ice crushers; beverage dispensers; electromagnetic induction units. Malfunction or improper operation due to rust or corrosion is excluded for the first 30 days after the effective date.
WASHER AND DRYER: Electrical or mechanical malfunction.
Not Covered: Cosmetic problems, such as chipping, dents or scratches; plastic mini-tubs; soap dispensers; “all in one” wash/dry units; filter and lint screens; venting; damage to laundry. Malfunction or improper operation due to rust or corrosion is excluded for the first 30 days after the effective date.
OPTIONAL COVERAGES (Coverage Provided Only If Listed on Declaration and Additional Premium has been Paid)
AIR CONDITIONING SYSTEM: Coverage is available on cooling systems with cooling capacity not exceeding 5 tons per unit (2 units maximum). CONDENSER; COIL; EVAPORATIVE COOLING UNIT; COMPRESSOR AND MOTORS. If the Company determines that replacing an air conditioning system is required, the Company will replace with a unit that meets 13 SEER and/or 7.7 HSPF requirements, including replacing any covered components that are necessary to maintain compatibility with the replacement unit, including the indoor furnace or air handler, evaporative coil, transition, plenum, indoor electrical, duct connection, accessible refrigerant and condensate drain lines, and thermostatic expansion valve. NOTE: Replacements are sometimes subject to certain limits; see LIMITATIONS ON LIABILITY, paragraphs #6, #7, and #9. The Company will pay for the recapturing of R-22 Freon or Puron only. Repairs and/or replacements to systems that do not utilize R-22 Freon or Puron will be limited to $1,000 per contract.
Not Covered: Malfunctions caused by a failure to perform routine maintenance, including, but not limited to, filter changes and cleaning; gas or propane air conditioning systems; inaccessible refrigerant and condensate drain lines; geo-thermal systems; water cooled systems; mismatched systems; cleaning; filters; chillers; flues and vents; humidifiers; air filtration systems; zone control systems; collapsed, crushed, disintegrated or moisture damaged ductwork; crane charges; portable room or window units; registers; grills; stands. Malfunction or improper operation due to rust or corrosion is excluded for the first 30 days after the effective date.
HEATING SYSTEM: Coverage is available on gas or electric heating systems not to exceed 2 units. FURNACES: Forced Air, Floor, Gravity, or Wall. SYSTEMS: Heat pump, Hot Water, or Radiant. If the Company determines that replacing a heat pump system is required, the Company will replace with a unit that meets 13 SEER and/or 7.7 HSPF requirements, including replacing any covered components that are necessary to maintain compatibility with the replacement unit, including the air handler, evaporative coil, transition, plenum, indoor electrical, duct connection, accessible refrigerant and condensate drain lines, and thermostatic expansion valve. NOTE: Repair and replacements to hot water, hydronic, glycol, lithium, radiant and gravity flow systems are limited to $1,500. Replacements are sometimes subject to certain limits; see LIMITATIONS ON LIABILITY, paragraphs #6, #7 and #9.
Not Covered: Malfunctions caused by a failure to perform routine maintenance, including, but not limited to, filter changes and cleaning; registers, grills, heat lamps, fireplaces and key valves; wood or pellet stoves; oil, diesel, or kerosene units; geo-thermal systems; crane charges; collapsed, crushed, disintegrated or water-damaged ductwork; flues and vents; humidifiers; cleaning; filters; air filtration systems; portable heaters; zone control systems; solar heating systems; stands. Malfunction or improper operation due to rust or corrosion is excluded for the first 30 days after the effective date.
ELECTRICAL SYSTEM: ELECTRICAL PANELS; SWITCHES; OUTLETS; CENTRAL VACUUM SYSTEMS; REPAIRS ONLY TO WIRING AND LOW VOLTAGE LIGHTING SYSTEMS.
Not Covered: Light fixtures; remote controls; stretched outlets; removable attachments, accessories, hoses or central vacuum blockages; replacement of low voltage lighting systems; energy management or lighting & appliance management systems; smoke detectors.
PLUMBING SYSTEM: WATER HEATER (Gas/Electric, max 75 gal.): FLUSHING MECHANISMS; TOILET TANK AND BOWL (replaced with two piece white builder’s standard when necessary); TUB AND SHOWER VALVES (replaced with chrome builder’s standard when necessary); GAS, WATER, DRAIN/WASTE PIPE LEAKS; BUILT-IN BATHTUB WHIRLPOOL MOTOR AND PUMP ASSEMBLY; PRESSURE REGULATOR AND INLINE SHUTOFF VALVE.
Not Covered: Faucets; hose bibs; water conditioning equipment, landscaping or fire sprinkling systems; main shut off valve; solar water heaters, water heater flues and vents, water flow and/or capacity limitations caused by rust, calcification and/or mineral deposits; electrolysis; water discoloration; bathtub jet plumbing; shower heads and arms; bathtubs; fixtures; sinks; tub and shower base pans; tile; caulking. Tankless and/or direct vent water heater repairs and replacements are limited to $500. The Company will not replace a water heater because of noise or pay for re-piping of dwelling.
DRAIN LINES/SEPTIC TANK PUMPING: The Company will clear mainline stoppages that can be cleared through an existing ground level cleanout without excavation. If the stoppage is due to septic tank backup, the Company will pump only one septic tank, one time only.
Not Covered: Hydro-jetting; broken or collapsed sewer lines outside the foundation; stoppages or roots that prevent the effective use of an externally applied sewer machine cable; the cost of finding or gaining access to the septic tank; removal of toilet; costs to install a ground level cleanout; chemical treatment; leach lines; septic system pumps; cesspool.
PUMPS: SUMP PUMPS; RECIRCULATING PUMPS.
Costs to repair and/or replace pumps are limited to $500.
Not Covered: Septic system; jet pump; aerobic pump; sewage ejector pump.
FANS: Kitchen/bathroom exhaust fans, attic fans, whole house fans, and ceiling fans. Fans will be replaced with builder’s standard, not deluxe or premium.
Not Covered: Noise; wobbling; light fixtures; remote transmitters.
GARAGE DOOR OPENER: If replacing, the Company will install system of comparable capacity and one that conforms to applicable legal standards.
Not Covered: Doors; springs; remote transmitters; lights; hinges.
SWIMMING POOL/SPA EQUIPMENT: Above ground and accessible parts and components of the filtration, pumping, and heating system (including the pool sweep pump, blower motors, motor, and timer). Both pool and spa equipment are covered if they utilize common equipment. If they do not utilize common equipment, then only one or the other is covered unless an additional fee is paid. NOTE: Heater repairs and/or replacements caused by rust, deterioration or corrosion are limited to $500 per contract.
Not Covered: Underground or inaccessible parts and components; cleaning equipment; pool sweeps; damage due to a lack of maintenance or improper chemical balance; lights; disposable filtration mediums; chlorinators; ionizers; ozonators; heat pumps; salt water systems; remote control systems; motorized valves; valve actuators; computerized control boards; jets; fountain or waterfall pumps; covers and related equipment; structural defects; solar-related equipment; skimmers.
LIMITATIONS ON LIABILITY
1. EMERGENCIES: The Company will consider a request for service to be an emergency ONLY if, in the opinion of the Company, the malfunction renders the house uninhabitable. Under no circumstance will failure of an appliance be considered an emergency. In the event the Company determines that a malfunction has created an emergency, a reasonable effort will be made to provide expedited services.
2. WHO DOES THE WORK: The Company will respond to your request for service by dispatching a contractor or technician. The contractor or technician will call you to schedule an appointment to perform the requested service. Only the work specifically authorized by the Company will be performed. If you experience difficulties with the contractor or technician, you should contact the Company.
3. TRAVEL TIME: If the covered property is in a remote area, or if it is necessary to hire a technician who charges travel time, the Company will pay up to a maximum of $75 for travel time. Travel time charges in excess of $75 will be paid by the contract holder.
4. ACCESS: If it becomes necessary to gain access to a malfunctioning system or appliance by opening a wall, floor, or ceiling, the Company will restore the opened area to a rough finish only. The Company will not refinish, restore or replace countertops, cabinets, floor or wall coverings, or repair any cosmetic defect. Access to a covered item that is restricted or limited is not covered, and it is the homeowner’s responsibility to provide access to the covered item. If a malfunctioning system or part thereof is encased in or covered by cement, and is within the perimeter of the main foundation of the home or garage, the liability of the Company for the repair or replacement of said system is limited to $500 per contract (the $500 limitation includes cost of leak detection).
5. INADEQUATE SIZE OR CAPACITY: If a system, appliance or component is determined to be undersized or overloaded, or is proven to be inadequate, repair or replacement of the malfunctioning system or appliance is not covered by this contract.
6. REPAIR OR REPLACEMENT: The Company solely will decide whether a malfunctioning system or appliance should be repaired or whether it should be replaced. Replacements and repair parts will be similar in features, efficiency, and capacity to those being repaired or replaced, but may not match color, brand, or dimensions. Homemade, systems classified by the manufacturer as commercial, and/or non-standard systems are not covered. The Company reserves the right to find, have made, or have rebuilt a hard-to-locate part or component. The Company reserves the right to provide cash in lieu of a repair or replacement in the amount of our actual cost (less than retail) to repair or replace such item.
7. MODIFICATIONS/DISPOSAL COSTS: The Company is not responsible for modifications to pipe runs, flues, ducts, electrical or plumbing systems, closets or any other structural modifications and similar conditions needed for access, repairs, or installation of a covered system. The Company is not responsible for any costs to dispose of old parts or equipment.
8. OTHER OPINIONS: The Company reserves the right to get other opinions on the repair or replacement cost. If the Company decides to obtain other opinions, that decision will not result in an additional trade call fee to the contract holder.
9. BUILDING CODE OR GOVERNMENT REGULATION: If building codes, Consumer Product Safety Commission standards, or government regulations prevent the Company from repairing or replacing a system or appliance with like capacity, efficiency or design, the Company’s liability is limited to the amount that it would have cost to repair or replace the system or appliance in the absence of such code or regulation. The contract holder is responsible for obtaining all permits and for correcting any existing code violations and for any changes relating to upgrades required by law or hazardous material removal.
10. DELAYS/MANUFACTURER’S DEFECT: The Company is not responsible for delays due to labor difficulties, weather, delivery problems, availability of parts, or other events beyond its control. If a failure is caused by a manufacturer’s defect, recall, defective materials or parts, it shall not be covered. The Company is not responsible for repair or replacement of any system or appliance or component thereof that is determined to be defective by the Consumer Product Safety Commission.
11. ADDITIONAL SERVICE CRITERIA: If a contract holder had prior knowledge of a defect or malfunction existing on or before the effective date of this contract it will not be covered. Malfunctions to any system, appliance or covered option caused by rust and/or calcification are subject to review by the Company.
12. ACTS OF GOD, ETC.: This contract does not cover damage to covered systems and appliances resulting from acts of God, mold, storms, wind, lightning, earthquake, nuclear incidents, war, riot, vandalism, fire, flood, accidents, misuse, neglect, pests, pets, freeze damage, odors, abnormal wear and tear, power failure or shortage, surge or overload, attempted or improper previous repairs, improper design or installation.
13. ELIGIBLE PROPERTIES: This contract covers a single family dwelling, less than 5,000 square feet, used only for residential purposes. Homes over 5,000 square feet, multiple units, guest houses, and other structures are covered only if the appropriate additional fees are paid. A dwelling used for commercial purposes, as a day care center, fraternity or sorority house, rest home, school or for any other non-residential use will not be covered.
14. COMMON AREAS/COMMON SYSTEMS: If the covered dwelling is a condominium, townhouse, mobile home, or multi-family dwelling, coverage is limited to those systems and appliances located within the particular unit. Common areas or common systems will not be covered.
15. CONSEQUENTIAL DAMAGES: This contract does not provide coverage for personal and/or property damage caused by a malfunctioning system or appliance, including, but not limited to, fire, water, and/or mold damage. The Company is not responsible for any claim arising out of any pathogenic organisms regardless of any event of cause that contributed in any sequence to damage or injury. Pathogenic organism means any bacteria, yeasts, mildews, viruses, fungi, molds, or their spores, mycotoxins or other metabolic products.
16. RENTAL PROPERTIES: If the covered property is a rental unit or if it becomes a rental unit during the course of the contract, the contract holder must notify the Company of the mailing address of the property owner and must designate the party responsible for the payment of any trade call fee before service is rendered.
17. RENEWAL/TRANSFER: Contract may be renewed at the Company’s discretion only. In that event, contract holder will be notified of the prevailing rate and terms of renewal. Contract rates may increase upon renewal. Renewal may not extend beyond what Florida Statute 634.312 (3) allows. This contract may be transferred if the property is sold during the term of this contract; original contract holder must notify the Company of the change in ownership.
18. REMODELING/ROUTINE MAINTENANCE, ETC.: Damage to a covered system or appliance caused by remodeling activity or construction is not covered. Failures or malfunctions that result from failure to perform routine cleaning and/or maintenance, improper installation and/or design, or improper previous repairs and/or missing parts, will not be covered.
19. VACANT PROPERTIES: Vacant properties are not eligible for coverage.
20. CONTRACTORS’ WARRANTIES: The Company will warrant service performed while a contract is in effect as follows: 30 days labor and 90 days parts from completion of the service call. Under no condition will new service be initiated after the expiration date of the contract without prior written approval.
21. CANCELLATION: Pursuant to Section 634.312(8), Florida Statutes, any home warranty agreement may be cancelled by the purchaser within 10 days after purchase. This home warranty agreement begins 30 days after receipt of payment (see plan effective dates), and may be canceled by the purchaser for a full refund within 40 days after receipt of payment. The refund must be 100% of the gross premium paid, less any claims paid on the agreement. A reasonable administrative fee may be charged, not to exceed 5% of the gross premium paid by the warranty agreement holder. After the home warranty agreement has been in effect for 10 days, if the contract is cancelled by the warranty holder, a return of premium shall be based upon 90% of unearned pro rata premium less any claims that have been paid. If the contract is cancelled by the association for any reason other than from fraud or misrepresentation, a return of premium shall be based upon 100% of unearned pro rata premium.
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