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SERVICE CONTRACT TERMS & CONDITIONS
SAMPLE
These Terms & Conditions describe the service contract coverage provided to you
by Select.
THE COVERAGE PROVIDED IS SUBJECT TO THE REQUIREMENTS AND LIMITATIONS DESCRIBED
IN THESE TERMS AND CONDITIONS. PLEASE READ THESE PROVISIONS CAREFULLY. Certain
items and events are not covered by this contract. Please refer to the
exclusions listed below. PLEASE NOTE THAT SELECT IS NOT AN INSURANCE COMPANY OR
A SERVICE PROVIDER.
Definitions.
1. “Agreement” means this service contract between You and Us, including the
Coverage Details.
2. “Coverage Details” means the document attached to this service contract that
includes Your specific coverage information.
3. “Covered Property” means the address identified on the Coverage Details that
is eligible for coverage under this Agreement. Covered Property must not be
commercial property or residential property converted, in whole or in part,
into a business.
4. “Independent Service Technician” means the qualified service contractor
and/or technician Select has arranged to repair or replace the systems and
appliances under this Agreement.
5. “We,” “Us,” “Our,” “Obligor,” and “Select” means Select Home Warranty, LLC
for residents of D.C. and all covered states except for (1) residents in
Texas and Oklahoma, in which it shall mean XPD Warranty Group, In.; (2)
residents in Virginia, in which it shall mean SHWP of VA, LLC; (3) residents
in Illinois, Iowa and Georgia, in which it shall mean SHWP of Illinois, LLC;
and (4) residents in California, in which it shall mean Select Home Warranty
of CA Inc.
6. “You”, “Your,” and “Customer” mean the person contracting for Services
covered by this Contract and whose name(s) appear on the Coverage Letter.
1. Binding Agreement.
This Agreement is a legally binding document between You and Select. This
Agreement constitutes the entire and only Agreement between You and Select.
This Agreement supersedes all prior or contemporaneous agreements,
representations, warranties and understandings between You and Select. This
Agreement provides for home service contract services only and should not
be confused with an insurance contract. Your home service contract remains
with the Covered Property and cannot be transferred to a different home
except as provided under the Transfer of Agreement section below. This
Agreement covers household appliances and systems when they become
inoperable due to normal wear and tear. This Agreement sets forth all of
the household appliances and systems covered under this Agreement and the
specific items that are excluded from coverage. In the event an appliance
or system is not mentioned in this Agreement, it will not be covered under
this Agreement. Please read the entire Agreement before retaining the
services of Select.
2. Obligations.
In consideration for Your payment to Select, and subject to all of the
terms of this Agreement, Select will arrange for an Independent Service
Technician to repair or replace the systems and appliances covered under
this Agreement, when they become inoperable due to normal wear and tear.
Obligations of Select under this Agreement are backed only by the full
faith and credit of Select and are not guaranteed under a reimbursement
insurance policy.
3. Covered Property.
This Agreement only covers systems and appliances in the single-family
dwelling, individual condominium unit, town house or modular home listed on
Your Coverage Details as Covered Property. Only those systems and
appliances properly and permanently installed and located within the living
area of the Covered Property will be covered. This Agreement will not cover
systems or appliances within (i) commercial properties; (ii) residential
properties used for business purposes, including, but not limited to,
dwellings used for rest homes, day care centers, schools and/or
professional offices; and (iii) common areas of condominiums, multi-family
houses (unless otherwise stated above) and/or cooperatives (iv)
foreclosed/short sale. This Agreement will not cover any system or
appliance designated by the manufacturer as being used for commercial use.
4. Term.
The term of Your service contract, as set forth in this Agreement, shall
begin 30 days following Select's receipt of all outstanding payments and
premiums due to Select are received by Select ("Effective Date") please add
an additional 5 days for credit/debit card payments. In the event Select
does not receive all outstanding payments and/or premiums outstanding, for
any reason, Your service contract coverage term will not begin. Your
service contract coverage will begin on the Effective Date and remain in
effect for one (1) calendar year following the Billing Date ("Termination
Date"). Coverage waiting period may be expedited with proof of prior
coverage's expiration date provided there was no lapse in coverage.
5. Claims Procedure.
5.1. Before Making a Claim. Prior to making a claim you should:
1. Contact the proper authority in the event the malfunctioning appliance
or system has the potential to cause injury to you or anyone else
present in or near your home;
2. Shut down the malfunctioning appliance or system to prevent further
damage; and
3. Determine if the malfunctioning appliance or system is covered under
this Agreement.
5.2. If Covered. If this Agreement covers the malfunctioning appliance or
system, you MUST contact Select PRIOR to obtaining service on the
malfunctioning appliance or system. Your failure to contact Select prior to
obtaining service may render your claim invalid. Select will not reimburse
You if You use your own service technician without first obtaining Select's
prior authorization.
5.2.1. Select Service Call Fee/ Deductible. Each time a Independent Service
Technician is scheduled and dispatched to Your home, You will be required
to pay the Select service fee as agreed (the “Select Service Call Fee”).
You will be required to pay the Select Service Call Fee regardless of
whether all or part of the claim is granted, excluded, limited or denied by
Select. You will be required to pay the Select Service Call Fee once the
Independent Service Technician begins traveling to your home, regardless of
whether you are able to provide access to your home for the Independent
Service Technician or if you cancel the appointment while the Independent
Service Technician is traveling to your home, a separate service call fee
will be charged for each issue. Additional charges may apply to the Select
Service Call Fee. The Select Service Call Fee, which must be paid at the
time and place of appointment, shall be paid by You to the Independent
Service Technician or directly to Select, at Select's option. In the event
You fail to pay the Select Service Call Fee, You will not be able to
schedule any additional service calls and your home service contract will
be suspended until all outstanding fees are paid in full. Suspension of
your home service contract will not alter or extend the Termination Date of
your home service contract.
5.3. Contact Information. A Select representative can be reached Toll Free
by telephone at 1-855-267-3532 or by e-mail at info@selecthomewarranty.com.
5.4. Non-Emergency Claims. To make a claim for repair you must contact
Select within 3 days following discovery of the malfunctioning and/or
inoperability of the system or appliance. The Select service technician
will be instructed to provide repair of the appliance or system within two
(2) days during normal business hours and four (4) days on weekends and
holidays following submission of the claim. If covered by this agreement,
the system and/or appliance repaired or replaced will be paid for by Select
within a reasonable time following submission of the claim. Select will not
be liable for any delay in the repair and/of the inoperable appliance or
system.
5.5 Emergency Claims. In the event of an emergency, in order for Select to
make a determination if the system/or appliance caused the emergency is
covered under this Agreement, You must contact Select prior to having the
repair or replacement work performed. In the event the emergency pertains
to gas, fire or has the potential to cause injury to You or anyone else
present in or near your home, you should take all reasonable steps,
including, but not limited to, vacating the premises and contacting the
proper authority to ensure the safety of You and those present. Once the
determination is made by the proper authority that your home is safe to
re-inhabit, You must contact Select immediately and advise them of this
claim.
6. Covered Systems and Appliances.
6.1. Generally.
6.1.1. Proper Working Order. All systems and appliances must be in proper
working order on the Effective Date of the warranty coverage, as set forth
in the schedule page accompanying this Agreement. Any pre-existing
conditions or defects causing the malfunction of system or appliance during
the term will not be covered by this Agreement. If a defective or
malfunctioning system or appliance is discovered by an inspection company
prior to the transfer of ownership of the property or by a utility company
at the time of the transfer of ownership, said condition shall be deemed a
pre-existing condition and not covered under this Agreement.
6.1.2. Manufacturer's Warranty. All systems and appliances covered under
either the manufacturer's, distributor's, or any other express or implied
warranty will not be covered under this Agreement.
6.2. Appliances Covered. This Agreement covers the following appliances:
6.2.1. Refrigerator.
This Agreement covers one (1) refrigerator located within the kitchen of
the covered home. This Agreement covers all modules, components and parts
of the refrigerator necessary to the functionality of the refrigerator.
(i)control boards (ii) compressor (iii) thermostats (iv) damper control
(v)wire harness (vi)evaporator fan motor(vii)condenser fan motors (viii)
pressure switches (ix) relays (x) contactors (xi) start assist (xii)
thermistors. Excluded: (i)sealed system
6.2.2. Oven/Range/Stove Top.
This Agreement covers all modules, components and parts of the gas or
electric oven, range and stovetop necessary to the functionality of the
oven, range and/or stove top. (i) Burners (ii) control boards
(iii)thermostats (iv) broilers (v) temp controls (vi) heating elements
(vii) igniter (viii) ignition module (ix) spark igniters. Excluded: (i)
range hood
6.2.3. Built-In Microwave.
This Agreement covers all modules, components and parts of the built-in
microwave necessary to the functionality of the built-in
microwave. Excluded: portable, combo or countertop microwaves.
6.2.4. Dishwasher.
This Agreement covers all modules, components and parts of the dishwasher
necessary to the functionality of the dishwasher. (i)Control board (ii)
pump (iii) switches (iv) drain pump (v) temp control (vi) heating elements
(vii) drain lines. Excluded: (1) racks/rollers
6.2.5. Garbage Disposal
This Agreement covers all modules, components and parts of the garbage
disposal necessary to the functionality of the garbage disposal.
6.2.6. Clothes Washer/Clothes Dryer.
This Agreement covers all modules, components and parts of the clothes
washer and clothes dryer necessary to the functionality of the clothes
washer and clothes dryer. (i)Motors (ii) drain pumps(iii) control boards
(iv) gas vales(v)heating elements (vi) igniters(vii) thermostats(viii)
fuses(ix) wire harness(x) ignition modules(xi) tub assembly(xii) tub
bearings(xiii) motor bearings.
6.2.7. Water Heater.
This Agreement covers all modules, components and parts of the water heater
necessary to the functionality of the water heater. (i)Control board (ii)
thermostats (iii) gas valves (iv) burner assembly(v) heating
elements(vi)pressure switches(vii)thermocouple(viii)ignition module(ix) and
igniter. Excluded: solar or tankless water heating systems, leaks and
pumps.
6.3.1. Plumbing System.
This Agreement covers the following plumbing system components: (i) line
leaks in water, drain, waste or vent lines not caused by damage resulting
from freezing or from roots; (ii) line breaks in water, drain, waste or
vent lines not caused by damage resulting from freezing or from roots;
(iii)toilet bowls; (iv) toilet tanks; (v) toilet flushing mechanisms; (vi)
angle stops; (vii) risers. Excluded: (i) water softeners; (ii)slab leaks.
6.3.2. Plumbing Stoppages.
This Agreement covers stoppages in drain, vent and sewer lines up to 100
feet from the access point, except if caused by roots. Mainline stoppages
are only cleared when there is an accessible ground level clean out.
This Agreement does not cover Stoppages caused by collapsed, damaged or
broken drain, vent or sewer lines outside the confines of the main
foundation if the home. Stoppages due to roots or foreign objects. If the
lines are broken or infiltrated by roots or are otherwise stopped by roots,
even if the break, infiltration or stoppage is within 100 feet from the
access point, it is not covered. Access to drain or sewer lines from the
vent or the removal of the water closet. Costs to locate, access or install
a ground level clean out. Septic tanks.
6.3.3. Heating System.
This Agreement covers ALL module, components and parts of the heating
system necessary to the functionality of the heating system. This Agreement
covers the primary heating system of the covered home. (i) Condenser Fan
motors; (ii) compressors; (iii) condensers; and (iv)thermostats
(v)Capacitors (vi)relays (vii)Contactors (viii)pressure switch
(ix)thermistor (x) cut in switches (xi) transformers (xii) inducer motors
(xiii) defrost boards (xiv) Blower motors. Excluded: solar heating systems
or zone systems or wall units or the components thereof, (i) air cleaners;
(ii) humidifiers;(iii) flues; (iv) coils; (v) heat exchanger;(vi)
geothermal heating/cooling units.
6.3.4. Electrical.
This Agreement covers the following electrical system components: (i)
wiring; (ii) service panels; (iii) sub-panels (iv) switches; (iv) breakers;
(v) outlets; (vi) junction boxes; (vii) ground fault interrupters. This
Agreement does not cover damage to the electrical system caused by flood,
fire, water, rust. This Agreement does NOT cover the following list of
modules, components and parts relating to the electrical system: (i)
fixtures; (ii) inadequate wiring capacity; (iii) attic/exhaust fans; (iv)
damage caused by a power surge; (v) damage caused by a power
failure(vi)wire tracing.
6.3.5. Ducts.
This Agreement covers all ducts from heating and/or cooling unit to the
point of attachment at registers or grills. Excluded: (i) crushed ductwork;
and (ii) improperly sized ductwork/duct system.
6.3.6. Air Conditioning (Central).
This Agreement covers the primary floor air conditioning unit of the
covered home. This Agreement covers the following air conditioning
components: (i) Condenser Fan motors; (ii) compressors; (iii) condensers;
and (iv)thermostats (v)Capacitors (vi)relays (vii)Contactors (viii)pressure
switch (ix)thermistor (x) cut in switches (xi) transformers (xii) Start
Assist (xiii) defrost boards (xiv) Blower motors. Excluded: window, wall,
portable air conditioning units. This Agreement does not cover (i)Freon;
(ii) geothermal systems;(iii) air filtration systems; (iv) humidifiers; (v)
condensation leaks; (vi) mismatched systems;(vii) freon leaks;(viii)damage
caused by freon leak.
6.3.7. Garage Door Opener.
This Agreement covers the following garage door opener components: (i)
control board; (ii) motors; (iii) chains; (iv) belts; (v) gears; (vi)
pulley; (vii) sheave fork; (viii) axle bolts; and (ix) switches. Excluded:
(i) garage doors; (ii) springs; (iii) brackets; (iv) tracks; (v) rails.
6.3.8. Ceiling Fan.
This Agreement covers all modules, components and parts of ceiling fan
affixed in the covered home necessary to its functionality.
6.4. Additional Coverage Options.
The following is a list of covered systems and appliances which You have
the option to purchase from Select. The following components will only be
covered if You advise Select that you wish to add the additional home
warranty coverage and Select is in receipt of the additional payment for
said coverage. You may purchase the additional for up to thirty (30) days
following the Purchase Date of the home warranty coverage but coverage for
the additional coverage option will not take effect until payment is
received by Select for the additional coverage and the additional coverage
will terminate on the Termination Date.
6.4.1. Plumbing and Lighting Fixtures.
Plumbing fixtures: faucets filter, showers head, shower arm, electrical
switches, smoke detector, florescent fixtures, Outlets, Dials, Knobs,
Cartridges.
6.4.2. Limited Roof Leak.
This Agreement applies to roof leak repairs over the occupied living area
of single family homes only. This Agreement covers the roof leaks
only. Excluded: (i) patios;(ii) metal roofs; (iii) shingles;(iv) cracked
and/or missing material; (v) tiles; (vi) tar and gravel; (vii) flat or
built-up roofs; (viii) structural leaks; (ix) gutters; (x) downspouts; (xi)
skylights; (xii) flashing;(xiiii) solar components; (xiv) attic vents;
(xxv) satellite components; (xvi) antennae; and (xvii) chimney components.
This Agreement does not cover repairs requiring partial or complete
replacement of the roof.
6.4.3. Pool/Spa Equipment.
This Agreement applies to the following list of pool/spa components: (i)
pumping system; (ii) filtration system; (iii) heating system. This
Agreement covers both the pool and/or hot tub or spa if they use common
equipment. In the event the pool and spa or hot tub do not use the common
equipment, then only one will be covered. Excluded: portable pools, spas or
hot tubs. (i)computerized control boards; (ii) heat pumps; (iii)leaks.
6.4.4. Well Pump.
This Agreement covers all components of well pump, provided the well is the
primary water source to the covered home. Excluded: (i)holding and storage
tanks; (ii) piping or electrical lines (iii) booster pumps.
6.4.5. Sump Pump.
This Agreement covers all components of sump pump for groundwater, provided
the pump is within the foundation of the covered home. Excluded: (i)
portable pumps; and (ii) sewer ejector pumps.
6.4.6. Central Vacuum.
This Agreement covers all modules, components and parts of central vacuum
system necessary to its functionality. Excluded: (i)clogged pipes.
6.4.7. Second Refrigerator.
This Agreement covers all modules, components and parts of the refrigerator
necessary to the functionality of the refrigerator. (i)control boards (ii)
compressor (iii) thermostats (iv) damper control (v)wire harness
(vi)evaporator fan motor(vii)condenser fan motors (viii) pressure switches
(ix) relays (x) contactors (xi) start assist (xii) thermistors. Excluded:
(i)sealed system
6.4.8. Stand Alone Freezer.
This Agreement covers all modules, components and parts of a stand alone
freezer necessary to its functionality. (i)control boards (ii) compressor
(iii) thermostats (iv) damper control (v)wire harness (vi)evaporator fan
motor(vii)condenser fan motors (viii) pressure switches (ix) relays (x)
contactors (xi) start assist (xii) thermistors. Excluded: (i)sealed system
6.4.9. Lawn Sprinkler System.
This Agreement covers all mechanical components that affect
operation. Excluded: lack of water pressure- Damage due to (i) freezing,
(ii) heads.
6.4.10. Septic System Coverage.
Aerobic pump, sewage ejector, jet pump, septic tank. Excluded: Tile fields
and leach beds, leach lines, lateral lines, insufficient capacity, clean
out, pumping.
6.4.11. Refrigerator's Ice Maker.
This Agreement covers all components and parts.(i)ice maker (ii)motor
(iii)thermostat. Excluded: (i) Stand alone ice maker, (ii)dispenser,
(iii)valves(iv)water line.
7. Independent Service Technicians.
Select has the exclusive right to select an Independent Service Technician
to perform the necessary repair and/or replacement services. Select will
not reimburse You in the event a service technician performs, or attempts
to perform, any repair and/or replacement services without first being
authorized by Select. If You experience any difficulties or have any
disputes with an Independent Service Technician, You must contact Select
immediately.
8. Select’s Option.
Select shall have the sole and exclusive option to:
1. Select the Independent Service Technician to perform repair and/or
replacement services;
2. In the event a covered system or appliance is deemed irreparable or it
is not cost effective to repair, Select may replace the system or
appliance with a system or appliance of like capacity, the price of
which shall not exceed the depreciated value of the system or appliance
being replaced;
3. In lieu of replacing a system or appliance that is deemed irreparable or
it is not cost effective to repair, said determination being made by
Select, Select may choose to pay a cash settlement for the irreparable
component of the system or appliance. Select is not responsible for
installation. The cash settlement shall be in an amount not to exceed
the depreciated value of the component/appliance being replaced;
4. Select the manufacturer, make and model of any replacement parts used in
the repair of the defective system or appliance; and
5. Obtain a second opinion with regard to the cost of replacement without
any additional cost to You.
9. Exclusions to Coverage.
9.1. Exclusions Generally. The following is a list of systems and/or
appliances that are NOT covered by this Agreement. In the event this
paragraph conflicts with any other provisions in this Agreement, this
paragraph shall be controlling.
9.1.1. Hazardous Material. This Agreement does not cover any systems,
appliances and/or services relating to hazardous or toxic material
including, but not limited to, acids, asbestos, lead and lead based
products, red-tagged units, gas leaks and any other hazardous contaminants.
9.1.2. This Agreement does not cover any systems or appliances that have
had previous repair or that require repair as a result of improper
installation, previous repair, damage caused by any construction activity,
improper wiring, inadequate or lack of capacity, power failures, power
surges, overloads, missing parts, failure to properly maintain, failure to
properly clean, neglect, misuse, corrosion, rust, sediment and any
modification to the system or appliance. You are responsible for providing
annual maintenance and cleaning by a licensed technician on covered items
to ensure continued coverage on such items. Select reserves the right to
request prior years (3) maintenance records and/or pictures, without proper
maintenance records and pictures the maximum payout on any system/appliance
is up to $150.00. For example: heating and a/c systems require periodic
cleaning and/or replacement of filters and cleaning of evaporator and
condenser coils. Water heaters require periodic flushing. This policy
covers mechanical breakdowns, it does not cover shelves, door handles,
doors, hinges, knobs and buttons, door seals, freon, damage caused by freon
leak, displays, latches, timers, leveling equipment, clogged drains or
lines, cosmetic issues, gaskets, leak searches, lights, noise,
refrigerants, valves, dispensers, installation, electrical failures,
upgrades.
9.1.3. Acts of Nature. This Agreement does not cover systems or appliances
that require repair as a result of Acts of Nature.
9.1.4. Foundation/Structure. This Agreement does not cover any damage
and/or defects to the structural components of the covered home, including,
but not limited to, the foundation and any beams of the covered home.
9.1.5. Manufacturer's Defect. This Agreement does not cover any system or
appliance that has malfunctioned as a result of the manufacturer's defect,
recall and/or defective materials or parts.
10. Select’s Liability.
10.1 Dimensions, Brand and Color, Limits. Select will not be responsible
for matching a system or appliances color, brand, or dimensions and only is
responsible for repairing and/or replacing systems or appliances of similar
builder’s grade. The following guidelines will be implemented to provide a
repair/replacement allowance. For heating or cooling equipment (hvac), the
repair/replacement allowance is $3000. For appliances, plumbing and
electrical (non-heating or cooling) the repair/replacement allowance is
$500. For additional coverage options the repair/replacement allowance is
$400. If Freon coverage is selected as an option the limit is
$200.Furthermore you agree that during the first 30 days of coverage, no
coverage will be provided for replacement of entire systems or appliances
or Evaporator Coils, condenser coils. Compressors, control boards, motors
of any kind.
10.2. Removal/Disposal. Select will not be responsible for any costs
associated with the removal and/or disposal of any system and/or appliances
repaired, or any waste or debris associated with the repair and/or
replacement services.
10.3. Local/State/Federal Government Violation. Select will not be
responsible for repair of any system or appliance which said repair would
violate any local, state and/or federal laws, rules, codes or regulations.
If a system or appliance cannot be repaired or replaced without violating a
local, state or federal law, rule, code or regulation, then Select's
liability will be limited to a cash settlement which shall be in an amount
not to exceed the depreciated cost of the product in need of repair. If a
violation of any local, state and/or federal law, rule, code or regulation
is discovered before or during the repair service, Select will not be
required to initiate and/or complete the repair service until the violation
and/or potential violation is corrected by You. Select will not be
responsible for any additional costs associated with the correction of the
violation and/or potential violation. Select will not be responsible for
any improvements, services and/or costs required to comply with any local,
state and/or federal laws, regulations, ordinances.
10.4. Access. It is your responsibility to provide access to the system or
appliance in need of repair.
10.5. Delay. Select will not be responsible for delays in repairing or
replacing a system or appliance resulting from events beyond its control.
11. Hold Harmless.
You shall keep, save and hold harmless Select from any and all damages and
liability arising out of any fault or negligence by You or any failure on
Your part to comply with any of the covenants, terms and conditions herein
contained. In case Select shall, without fault on its part, be made a party
to any litigation commenced by or against You, You shall protect and hold
Select harmless and shall pay all costs, expenses and reasonable attorneys'
fees incurred or paid by Select in connection with such litigation. You
shall also pay all costs, expenses and reasonable attorney's fees that may
be incurred or paid by Select in enforcing the covenants and terms of this
Agreement. We are not liable for the negligence or other conduct of the
Service Provider, nor are We an insurer of Service Provider's performance.
12. Consequential Damages Will Not Be Covered.
This Agreement does not provide coverage for damage caused by a
malfunctioning or inoperable appliance or system, including, but not
limited to, water, fire and mold spores. Select, its employees, agents,
shareholders or parent company shall in no way be responsible for any
damages, whether in contract or tort, for any malfunctioning or inoperable
appliance or system.
13. Cancellation.
13.1 Cancellation By Select.
Select may only cancel this Agreement, therefore voiding this Agreement if
it is deemed that You have either:
1. Fraudulent conduct by You;
2. Misrepresentations by You; or
3. Failed to make the required payments to Select;
If Select cancels this Agreement, Select will provide you notice of such
cancellation at least thirty (30) days prior to the effective date of
cancellation. The notice of cancellation will provide the reason for
cancellation. You shall be entitled to a pro rata refund of payments made
regarding Your service contract for the remaining term, less an
administrative fee and any service costs incurred by Select.
13.2. Cancellation by You. You may cancel this Agreement within thirty (30)
days from the Order Date of this Agreement, as set forth on the schedule
page accompanying this Agreement. In the event you cancel within the thirty
(30) day period, the You shall be entitled to a full refund if and only if,
no service has been provided under the contract. After the thirtieth day,
you may receive a refund pro-rated at the non-discounted annual plan cost.
A $75 cancellation fee will be charged and any service costs incurred by
Select.
14. Renewal.
In the event You wish to renew this Agreement for an additional term, as
set forth in the schedule page accompanying this Agreement, You must
contact a Select representative prior to the expiration of your current
term. You will be notified by a Select representative as to the new rates
and the new terms of coverage. Select reserves the right to deny your
request for renewal for any reason and change the rate and terms of
coverage for the renewed term.
14.1. Automatic Renewal. In the event You select the monthly payment option
and Select elects to renew Your Agreement, Select will notify You of the
rate and term for the renewal period during the tenth month of Your
Agreement and You will be automatically renewed for an annual coverage
period unless you notify Select in writing thirty (30) days prior to the
Termination Date. Your first payment for the renewed term will be deemed as
authorization for another twelve (12) month term.
14.2 Arbitration. Any disputes resulting from this Agreement or any dispute
resulting to Select's home warranty service shall be construed and enforced
under the laws of the State of New Jersey. You hereby submit to the
jurisdiction of the courts of New Jersey and waive any objection to venue
with respect to actions brought in such courts. Except where prohibited,
you agree that any and all disputes, claims and causes of action arising
out of or connected with this Agreement shall be resolved individually,
without resort to any form of class action, and exclusively by the American
Arbitration Association in the State of New Jersey. Controversies or claims
shall be submitted to arbitration regardless of the theory under which they
arise, including without limitation contract, tort, common law, statutory,
or regulatory duties or liability.
15. Transfer of Agreement.
If Your Covered Property is sold during the term of this Agreement, You may
transfer this Agreement to the new owner by notifying Select by phoning
1-855-267-3532. You must inform Select of the change of ownership and
provide the name, email address, and phone number of the new owner. A copy
of the Agreement is available upon request. You may not otherwise assign
this Agreement without Select’s prior written consent.
Select may assign this Agreement, in whole or in part, without Your
consent, to the fullest extent allowed by law. You understand and agree
that, in the event of such an assignment, We will have no further
obligation to You.
16. Severability.
If any provision of this Agreement is held invalid, illegal, or
unenforceable, the validity, legality, or enforceability of the remaining
provisions shall in no way be affected or impaired thereby.
17. Miscellaneous State Provisions
Alabama Residents –The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. If this Agreement is cancelled, You will receive a refund of the
unearned portion of the purchase price based on time expired, less a
cancellation fee of $25. Any refund due to You under this Agreement may be
credited to an outstanding balance of Your account, and the excess, if any,
shall be refunded to the original purchaser. For purposes of calculating a
refund of the contract price owed to You upon cancellation, the contract
price will include any application fee You paid. A 10% penalty per month
shall be added to a refund that is not paid or credited within 45 days
after return of the service contract to the provider. In the event of
cancellation for nonpayment or material misrepresentation, We may demand
immediate payment of the cost of all services provided to You, less Your
payments made, and no refund of any kind will be issued. Any disputes
resulting from this Agreement or any dispute resulting to Select's home
warranty service shall be construed and enforced under the laws of the
State of Alabama.
Arizona Residents – This Agreement does not exclude any preexisting
conditions if such conditions were known or reasonably should have been
known by Us or the person selling the Agreement on Our behalf. If this
Agreement is cancelled at any time, You will receive a pro-rata refund
after deducting for claims paid and expenses associated with the
cancellation. The cancellation expenses may not exceed ten percent (10%)
of the gross amount paid by you for the Agreement. We may not cancel or
void this Agreement for any of the following reasons: (1) Preexisting
conditions that were known or that reasonably should have been known by Us
or Our subcontractors; (2) prior use or unlawful acts relating to the
product; or (3) misrepresentation by Us or Our subcontractors. Neither We,
Our assignees, nor Our subcontractors may cancel or void coverage under
this Agreement due to Our failure to provide correct information or Our
failure to perform the services or repairs provided in a timely, competent,
and workmanlike manner.
Notwithstanding the above arbitration provision in Section 14.2, You may
elect to resolve disputes under the Provisions of Arizona Rev. Stat.
§§20-1095.09 and 20-461 Unfair Trade Practices as outlined by the Arizona
Department of Insurance and Financial Institutions. You may file a
complaint against Us with the Department of Insurance and Financial
Institutions by calling 800-325-2548 or online at difi.az.gov/complaint.
Arkansas Residents –The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. Otherwise, if this Agreement is cancelled, You will receive a
refund of the unearned portion of the purchase price based on time expired
less an administrative fee of the lesser of $30 or 10% of the purchase
price. A 10% penalty per month must be added to a refund that is not paid
or credited to You within 45 days after the cancellation of this Agreement.
A claim against Us may include a claim for the return of the unearned
provider fee.
California Residents – We may not cancel this Agreement during the initial
term for which it was issued except for: (i) Nonpayment of protection
contract fees; and (ii) fraud or misrepresentation of facts material to the
issuance of such contract.
Colorado Residents - Action under this Agreement may be covered by the
provisions of the “Colorado Consumer Protection Act” or the “Unfair
Practices Act” articles 1 and 2 of title 6, C.S.R., and a party to such an
agreement may have the right of civil action under such laws, including
obtaining the recourse or penalties specified in such laws.
Connecticut Residents - If We are unable to resolve any disputes with You
regarding this Agreement, You may file a written complaint to the: State of
Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816,
Attn: Consumer Affairs. The written complaint must describe the dispute,
identify the price of the product and cost of repair, and include a copy of
this Agreement.
D.C. Residents – The right to void the service contract during the first 30
days is not transferable and applies only to the original contract
purchaser. A 10% penalty per month shall be added to a refund that is not
paid or credited within 45 days after return of the service contract to Us.
In the event of cancellation by You, We may charge a reasonable
cancellation fee, not to exceed 10% of the gross provider fee.
Florida Residents - Listing Coverage cannot be included at no charge.
Listing Coverage is available for an additional fee. Fees and rates for
coverage under this Agreement are NOT subject to regulation by the Florida
Office of Insurance Regulation. If You cancel this Agreement within the
first thirty (30) days from the purchase date, You will be refunded 100% of
the gross premium paid, less any claims paid under the Agreement. We may
also charge You a reasonable cancellation fee, not to exceed 5% of the
gross provider fee paid. Otherwise, if You cancel this Agreement, You will
be refunded 90% of the unearned pro rata premium, less any claims paid. We
reserve the right to cancel this Agreement upon at least thirty (30) days
prior written notice mailed to Your last known address. However, in the
event of customer fraud, material misrepresentation, failure to pay, or a
substantial breach of Your duties under this Agreement, Our cancellation
may be immediate and without prior notice. The notice of cancellation will
include the reason and the effective date of cancellation.
Georgia Residents –. If We cancel this Agreement, We will refund any
unearned portion of the purchase price on a pro rata basis. Claims paid
will not be deducted from any refund due under this Agreement. Any refund
owed and not paid as required is subject to a penalty equal to 25% of the
refund owed and interest of 18% per year until paid; however, such penalty
shall not exceed 50% of the amount of the refund. Cancellations will comply
with Section 33-24-44 of the Code of Georgia. If a claim covered by this
Agreement is also covered by another service contract, then the claim will
be paid on a pro-rata basis with such other service contract. If a claim
covered by this Agreement is covered by an insurance policy, manufacturer’s
warranty, or recall, or is the subject of any legal action, We shall pay
only for the amount of the cost to repair or replace such covered product
in excess of the amount due from that other insurance policy,
manufacturer’s warranty, recall, or legal action. In no event, however,
shall We pay more than the applicable Limit of Liability.
In Georgia, the obligations under this Contract are guaranteed by a surety
bond executed by RLI Insurance Company, 9025 N. Lindbergh Dr., Peoria, IL
61615 – telephone number 800-645-2402. Disputes shall be construed and
enforced under the laws of the State of Georgia. Arbitration is nonbinding
Pre-existing conditions known to you or reasonably should be known to you
are not covered under this Agreement.
Hawaii Residents –The right to void the Agreement during such period is not
transferrable and applies only to the original contract purchaser. A 10%
penalty per month must be added to a refund that is not paid or credited to
You within 45 days after the cancellation of this Agreement.
Illinois Residents – In the event You cancel this Agreement, We may charge
a reasonable cancellation fee in the amount of the lesser of $50 or 10% of
the purchase price.
Iowa Residents –The right to void the service contract during such period
is not transferable and applies only to the original contract purchaser. In
the event You cancel this Agreement, we charge a reasonable cancellation
fee in an amount no greater than 10% of the total purchase price. A 10%
penalty per month shall be added to a refund that is not paid or credited
within 30 days after return of the service contract to the provider. The
issuer of this Agreement is subject to regulation by the insurance division
of the Department of Commerce of the State of Iowa. Complaints which are
not settled by the issuer may be sent to the insurance division.
Kentucky Residents- In Kentucky, the obligations under this Contract are
guaranteed by a surety bond executed by RLI Insurance Company, 9025 N.
Lindbergh Dr., Peoria, IL 61615—telephone number 800-645-2402. You are
entitled to make a direct claim against the surety insurer if We fail to
pay any claim within 60 days after the claim has been filed.
Louisiana Residents –The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 45 days after the cancellation of this
Agreement. Prior notice is not required if the reason for cancellation is
nonpayment of the provider fee, material misrepresentation or substantial
breach of duties by You.
Massachusetts Residents –The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 45 days after the cancellation of this
Agreement.
Maryland Residents –The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 45 days after the cancellation of this
Agreement. Your service contract is extended automatically if We fail to
perform the services under the service contract and will not terminate
until the services are provided in accordance with the terms of the service
contract.
Maine Residents –The right to void the service contract during such period
is not transferable and applies only to the original contract purchaser. A
monthly penalty equal to 10% of the outstanding provider fee must be added
to a refund that is not paid or credited within 45 days after return of the
service contract to Us. In the event of a cancellation by You, We may also
charge You a reasonable administrative fee, not to exceed 10% of the
contract price. We may cancel this Agreement by providing You with at
least 15 days prior written notice of cancellation mailed to Your last
known address.
Michigan Residents – If performance of this Agreement is interrupted
because of a strike or a work stoppage at Our place of business, the
effective period of this Agreement will be extended for the period of the
applicable strike or work stoppage.
Minnesota Residents - The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 45 days after the cancellation of this
Agreement. If We cancel this Agreement, a pro-rata refund will be issued
for the unexpired term, less the costs of any claims paid. In the event of
cancellation for customer fraud or material misrepresentation, We may
demand immediate payment of the cost of all services provided to You, less
any payments made, and no refund of any kind will be issued.
Missouri Residents –The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 45 days after the cancellation of this
Agreement.
New Hampshire Residents - In the event You do not receive satisfaction
under this Agreement, You may contact the New Hampshire Insurance
Department at 21 South Fruit St. Suite 14, Concord, New Hampshire, 03301 or
by calling 800-852-3416.
New Jersey Residents - The right to void the service contract during the
first 30 days from the purchase date is not transferable and applies only
to the original contract purchaser. A 10% penalty per month must be added
to a refund that is not paid or credited to You within 45 days after the
cancellation of this Agreement.
New Mexico Residents –The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 60 days after the cancellation of this
Agreement.
No administrative fee will be imposed if We cancel the Agreement. If You
cancel this Agreement, We may charge a cancellation fee not to exceed 10%
of the purchase price. If this Agreement has been in effect for at least
seventy (70) days, We may not cancel this Agreement before the expiration
of the agreed term or one year after this Agreement’s effective date,
whichever occurs first, except for the following reasons: (1) Your failure
to make full payment by the due date; (2) Your conviction of a crime that
results in an increase in the service required under the Agreement; (3)
discovery of fraud or material misrepresentation by You in obtaining this
Agreement or in presenting a claim for service thereunder; or (4) discovery
of an act or omission by You or a violation by You of any condition under
this Agreement, if it occurred after the effective date of this Agreement
and substantially and materially increased the service required under this
Agreement.
New York Residents - The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 30 days after the cancellation of this
Agreement.
North Carolina Residents - The purchase of this Agreement is not required
either to purchase or to obtain financing for a home appliance.
Oklahoma Residents - Coverage afforded under this Agreement is not
guaranteed by the Oklahoma Insurance Guaranty Association. XPD Warranty
License Number is: 44201649. NOTICE: This home warranty is not issued by
the manufacturer or wholesale company marketing the product. This warranty
will not be honored by such manufacturer or wholesale company.
Oregon Residents - The license number for [insert provider and license
number]. The obligor of this contract can be contacted by mail at 1
International Blvd, Mahwah, NJ 07495 or by phone at 1-855-267-3532.
South Carolina Residents –The right to void the service contract during
such period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 45 days after the cancellation of this
Agreement. In the event of a dispute with the provider of this Agreement,
You may contact the South Carolina Department of Insurance, Capitol Center,
1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201, Telephone #:
(800) 768-3467.
Texas Residents –This contract is issued pursuant to a license granted by
the Texas Real Estate Commission, and complaints in connection with this
contract may be directed to the Commission at PO Box 12188, Austin, TX
78711, phone # 512-936-3049. The purchase of a home warranty contract is
optional and similar coverage may be purchased through other residential
companies or insurance companies authorized to transact business in Texas.
We may not cancel this Agreement during the initial term unless (i) You do
not pay a fee or charge due under the terms of the Agreement, (ii) You
engage in fraud or misrepresentation of facts material to the issuance of
the Agreement, or (iii) an interest in the residential property covered
under this Agreement is sold, and the Agreement is contingent on an
interest in the property not being sold. NOTICE: YOU THE BUYER HAVE OTHER
RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER
PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE
UNDER THIS AGREEMENT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT
THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL’S OFFICE, YOUR
LOCAL DISTRICT OR COUNTY ATTORNEY, OR THE ATTORNEY OF YOUR CHOICE.
Utah Residents – This Agreement is subject to limited regulation by the
Utah Insurance Department. To file a complaint, contact the Utah Insurance
Department. Coverage afforded under this Agreement is not guaranteed by
the Property and Casualty Guarantee Association. Emergency Repairs: In the
event an emergency repair is required outside of Our normal business hours,
You may engage Your own licensed repair provider without prior
authorization. Emergency repair is defined as a failure that creates a risk
to health or property and that such failure requires an immediate repair be
made. Proof of Loss: Proof of loss should be furnished by You to Us as soon
as reasonably possible. Failure to furnish such notice or proof within the
time required by this Agreement does not invalidate or reduce a claim if it
was not reasonably possible to provide proof within the required time and
proof is provided as soon as reasonably possible thereafter. Grounds for
cancellation include only material misrepresentation, substantial change in
risk, or substantial breach of contractual duty.
Virginia Residents – If any promise made in the Agreement has been denied
or has not been honored within 60 days after Your request, You may contact
the Virginia Department of Agriculture and Consumer Services, Office of
Charitable and Regulatory Programs at
http://www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml
to file a complaint.
Wisconsin Residents- THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE
OFFICE OF THE COMMISSIONER OF INSURANCE. Obligations of the provider under
this service are backed by the full faith and credit of the provider. We
may cancel this Agreement only for nonpayment of the provider fee, material
misrepresentations to Us by You, or substantial breaches of duties by You
with regard to this Agreement. The right to void the service contract
during such period is not transferable and applies only to the original
contract purchaser. A 10% penalty per month must be added to a refund that
is not paid or credited to You within 45 days after the cancellation of
this Agreement.
Wyoming Residents –The right to void the service contract during such
period is not transferable and applies only to the original contract
purchaser. A 10% penalty per month must be added to a refund that is not
paid or credited to You within 45 days after the cancellation of this
Agreement. We may cancel this Agreement by providing You with at least 10
days prior written notice of cancellation mailed to Your last known
address. Prior notice is not required if the reason for cancellation is
nonpayment of the provider fee, material misrepresentation or substantial
breach of duties by You.
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