HARMONYHOMEWARRANTY.COM
This Service Agreement, hereinafter referred to as the
“Agreement” or “service contract”, is issued by the entity listed for your
state on the Coverage Summary page. Such entity is hereinafter referred to as
“HHW”, “we”, “us”, and/or “our”, or “provider”. The owner of the property
covered by this Agreement is hereinafter referred to as “you” and/or “your”, or
“contract holder”. HHW offers home service contracts, which are not warranties.
Terms may vary in different states. HHW reserves the right to revise this
Agreement at any time and you are deemed to be apprised of and bound by any
changes to this Agreement. For the most updated version of this agreement visit
HarmonyHomeWarranty.com/customer-portal
I. BASIS FOR COVERAGE
During the term of this Agreement,
we agree to pay the covered costs to repair or replace the items listed as
covered on your Agreement Coverage Summary if any such items become inoperable
due to mechanical failure caused by normal wear and tear. Determination of Coverage including the
operational condition as of the Agreement effective date for any claim will be
made solely by us, considering but not limited to, our independent contractor’s
diagnosis, hereinafter referred to as the “Service Contractor”. This Agreement does not cover any known or
unknown pre-existing conditions. It is
understood that WE ARE NOT A SERVICE CONTRACTOR and is not itself undertaking
to repair or replace any such systems or components. This Agreement covers single-family
homes, new construction homes, condominiums, townhomes, and mobile homes under
5,000 square feet, unless an alternative dwelling type (i.e. above 5,000 square
feet or multi-unit home) is applied, and appropriate fees are paid.
A. Become
inoperable due to normal wear and tear; and
B. Are
in place and in proper working order on the effective date of this Agreement;
and
C. Are
located inside the confines of the main foundation of the home or attached or
detached garage, with the exception of the air conditioner, exterior pool/spa,
septic system, and well pump.
II. TERM
Coverage starts 30 days after
acceptance of application by us and receipt of applicable Agreement fees and
continues for 365 days from that date.
We reserve the right to waive the 30-day grace period so long as you
provide proof or prior coverage, showing no lapse of coverage, from another
home service provider. Waiving of the
30-day waiting period is at the sole discretion of us.
III. REQUESTING SERVICE – CALL (855) 510-4370
A. We
must be notified as soon as the malfunction is discovered and prior to
expiration of the Agreement. You can
request service by calling (855)
510-4370. We will accept service
requests 24 hours a day, 7 days a week.
We will not provide service until all past due Trade Service Call Fees
and Plan Fees are made current.
B. Upon
request for service under normal circumstances, we will contact an authorized
Service Contractor within two (2) days during normal business hours and four
(4) days on weekends and holidays after you request service. The authorized
Service Contractor will contact you to schedule a mutually convenient
appointment during normal business hours. We will determine what repairs
constitute an emergency and will make reasonable efforts to expedite emergency
service. We will accept your request to
expedite scheduling of non-emergency service only when a Service Contractor is
available. If the Service Contractor
agrees to expedite scheduling of a non-emergency service request, you may be
required to pay an additional fee.
C. We
have the sole and absolute right to select the Service Contractor to perform
the service. We will not reimburse for
services performed without its prior approval.
D. We
reserve the right to obtain a second opinion at our expense. In the event that we inform you the
malfunction is not covered under this Agreement, you have the right to request
a second opinion of the cause of the malfunction. You must ask us for a second opinion from
another Service Contractor within seven (7) days from us informing you the
malfunction is not covered. In the event
that the outcome of the second opinion is different than the first opinion,
then we may, in our discretion, decide whether to accept Coverage under this
Agreement. If you request a second opinion, you will be responsible for the
payment of an additional Trade Service Call Fee only if the outcome of the
second opinion is the same as the initial opinion.
E. In
the event we authorize or request you to contact an independent service
contractor to perform a covered service, we will provide reimbursement for an
authorized amount of the cost you incur for the repair or replacement services. Acceptable proof of the repair and your
actual itemized costs must be provided to and approved by us before any
reimbursement will be paid. We are not
responsible for expenses you incur without our express consent. We will not reimburse you for any costs
associated with unauthorized repairs or work performed by unauthorized
contractors.
F. If
service work performed under this contract should fail, then we will make the
necessary repairs without an additional Trade Service Call Fee for a period of
90 days on parts and 30 days on labor.
IV. TRADE SERVICE CALL FEE
NOTE: The amount of your Trade
Service Call Fee is listed on your Agreement Coverage Summary.
A. You
are required to pay a Trade Service Call Fee for each trade service request you
submit to us.
B. The
Trade Service Call Fee applies to each call dispatched and scheduled, including
but not limited to those calls where Coverage is approved or denied, included
or excluded, covered or not covered. The
Trade Service Call Fee also applies in the event you fail to be present at a
scheduled time, or in the event you cancel a service request at the time a
Service Contractor is in route to your home or at your home. Failure to pay the Trade Service Call Fee
will result in suspension or cancellation of Agreement until such time as the
proper Trade Service Call Fee is paid.
At that time, the Agreement may be reinstated; however, the contract
period will not be extended.
C. If
a particular repair or replacement fails within 30 days, we will send a Service
Contractor to repair the failure and you will not be charged an additional
Trade Service Call Fee.
V. COVERAGE
Coverage is dependent on plan
you selected. Please refer to your Agreement Coverage Summary page. Coverage is for no more than one (1) unit,
system, or appliance, unless additional fees are paid or specified
otherwise. If no additional fees are
paid, covered unit, system, or appliance is at our sole discretion. Certain limitations of liability apply to
covered systems and appliances.
A. Air
Conditioning System
Note: Coverage available on
Air Conditioning units up to a 5-ton capacity, and for residential use only.
COVERED: Mechanical parts and
components of two (2) ducted electric central air conditioning systems. All
components and parts for units below 13 SEER and/or R-22 equipment, and when we
are unable to facilitate repair and/or replacement of failed covered equipment
at the current SEER rating or with R-22 equipment, repair and/or replacement
will be performed with 13 SEER/R410A equipment and/or 7.7 HSPF or higher
compliant,
B. Heating
System
Note: Coverage available on
units up to a 5-ton capacity, and for residential use only.
COVERED: Mechanical parts and
components of two (2) systems, either hot water and steam heating system or
centrally ducted forced air gas/electric/oil heating system or electric
baseboard units, if providing the primary source of heat in dwelling, as
follows: accessible ductwork from covered heating unit to point of attachment
to register/grill; blower fan motors; burners; controls; fan blades; heat/cool
thermostats (programmable and electronic set back units will be replaced only
with standard units); heating elements; ignitor and pilot assemblies; internal
system controls; wiring; and relays; motors (excludes dampers); and switches.
Electric baseboard units are covered if they are the primary source of heating
for the property.
C. Refrigerator
Note: Refrigerator must be
located in the kitchen.
COVERED: All components and
parts, including integral freezer unit,
D. Clothes
Washer
COVERED: All components and
parts,
E. Clothes
Dryer
COVERED: All components and
parts,
F. Plumbing
System and Stoppage
Note: Mainline stoppages are
only covered if there is an accessible ground level cleanout.
COVERED: Leaks and breaks of
water, drain, gas, waste or vent lines, except if caused by freezing or roots;
toilet tanks, bowls and mechanisms within the toilet tank (replaced with
builder’s grade as necessary); toilet wax ring seals; built-in bathtub
whirlpool motor and pump assemblies; stoppages and/or clogs in drain and sewer
lines up to 100 feet from access point. Repair and finish of any walls or
ceilings where it is necessary to break through to effect repair is only
covered to the following extent: repair of walls or ceilings to rough finish up
to $1500 per claim. Rough finish is defined to include hanging of drywall,
patching of drywall, stucco, and lath. Repair to rough finish does not include
supplies or labor for paint, sanding, wall texture, wallpaper and/or tile work.
G. Water
Heater
COVERED: All components and
parts for gas and/or electric hot water heaters, including circulating pumps,
H. Whirlpool
Bathtub
COVERED: Mechanical parts and
components including accessible electrical controls; accessible plumbing lines;
air pumps; gaskets; and primary circulation pump and motor.
I. Electrical
System
COVERED: All components and
parts,
J. Oven/Range/Stove/Cooktop
COVERED: All mechanical
components and parts,
K. Built-In
Microwave
COVERED: All mechanical
components and parts,
L. Dishwasher
COVERED: All mechanical
components and parts,
M. Garbage
Disposal
COVERED: All components and
parts, including entire unit,
N. Trash
Compactor
COVERED: All components and
parts,
O. Ductwork
COVERED: Duct from heating and
air conditioning unit to point of attachment at registers or grills,
P. Garage
Door Opener
Note: Coverage is for no more
than one (1) unit, system, or appliance, unless additional fees are paid. Coverage pertains strictly to belt
drive units, jack shaft units are excluded
COVERED: All components and
parts,
Q. Ceiling
and Exhaust Fans
Note: Coverage is for no more
than two (2) units, systems, or appliances, unless additional fees are paid.
Builder's standard equipment is used when replacement is necessary.
COVERED: Motors; switches;
controls; bearings,
VI. OPTIONAL COVERAGE
Optional Coverage requires
additional payment per item, system, or appliance. You may purchase any Optional Coverage for up
to 30 days after commencement of Coverage. However, Coverage shall not commence
until receipt of payment by us and such Coverage shall expire upon expiration
of Coverage period in section II.
A. Pool/Spa
Equipment
Note: Shared equipment is
covered. If equipment is not shared, then only one or the other is covered
unless an additional fee is paid.
COVERED: Above ground
components and parts of the pumping, and filtration system including pool sweep
motor and pump; pump motor; blower motor and timer; filter; filter timer;
gaskets; timer; valves, limited to back flush, actuator, check, and 2 and 3-way
valves; relays and switches; above ground plumbing pipes and wiring,
B. Limited
Roof Leak
Note: Coverage applies to
single family homes only.
COVERED: Repair of shake and
composition roof leaks over the occupied living area.
C. Central
Vacuum
COVERED: All mechanical
components and parts,
D. Sump
Pump
COVERED: Mechanical parts and
components of permanently installed sump pump for groundwater, within the
foundation of the home or attached garage,
E. Well
Pump
COVERED: All components and
parts of well pump utilized as a main source of water to the home,
F. Septic
System
COVERED: Sewage ejector pump
for septic system only; jet pump; aerobic pump. Clearing of stoppages within
the connecting waste line (leading from the house to the primary septic tank)
which are attributable to normal wear and tear and can be accessed through an
existing clean out without excavation.
G. Septic
Tank Pumping
COVERED: The septic tank will
be pumped once during the Agreement term if the stoppage is due to septic back
up only. Coverage applies to main line stoppages and/or clogs and must have
existing access or clean out. Coverage can only become effective if a septic
certification was completed within 90 days prior to the close of sale. We
reserve the right to request a copy of the certification prior to service
dispatch.
H. Second
Refrigerator
COVERED: All components and
parts, including integral freezer unit,
I. Stand
Alone Freezer
COVERED: All components and
parts,
J. Water
Softener
COVERED: Mechanical parts and
components of basic single water softener unit, including central head
assembly; multi-level/twin softeners; piping to and from unit(s) and system
tanks.
K. Refrigerator
Ice Maker
COVERED: Mechanical components
and parts related to the kitchen refrigerator ice maker only,
L. Free
Standing Ice Maker
COVERED: All mechanical
components and parts,
M. GREENguard™
COVERED: If a covered system
or appliance (limited to Clothes Washer, Clothes Dryer, Refrigerator, and
Dishwasher) fails per section I above and subject to all other Agreement
inclusions, exclusions and limitations, and it cannot be repaired, we will
replace the appliance with an ENERGY STAR qualified product (subject to
availability, exclusions and limitations), one with similar and like features
as existing appliance,
N. Lawn
Sprinkler System
Note: Coverage is for lawn
sprinkler systems only.
COVERED: Timers; valves;
stoppages,
VII. GENERAL LIMITATIONS OF LIABILITY
A. The
following are not included during the contract term; (i) malfunction or
improper operation due to rust or corrosion of all systems and appliances, (ii)
collapsed ductwork, (iii) known or unknown pre-existing conditions,
deficiencies and/or defects.
B. We
are not responsible for the repair of any cosmetic defects or performance of
routine maintenance.
C. You
agree that we are not liable for the negligence or other conduct of the Service
Contractor, nor are we an insurer of Service Contractor’s performance. You also
agree that we are not liable for consequential, incidental, indirect,
secondary, or punitive damages. You expressly waive the right to all such
damages. Your sole remedy under this Agreement is recovery of the cost of the
required repair or replacement, whichever is less. You agree that, in no event,
will our liability exceed $15,000 per contract item for access, diagnosis,
repair and/or replacement.
VIII. MULTIPLE UNITS AND INVESTMENT PROPERTIES
A. If the Agreement is for 2-family, 3-family,
or 4-family dwelling, then every unit within such dwelling must be covered by
the Agreement with applicable Optional Coverage for Coverage to apply to shared
systems and appliances.
B. If
this Agreement is for a unit within a multiple unit of five (5) or more, then
only items contained within the confines of each individual unit are covered.
Shared systems and appliances are excluded.
C. Except
as otherwise provided in this section, shared systems and appliances are
excluded.
IX. MEDIATION
In the event of a dispute over
claims or Coverage you agree to file a written informal claim with us and allow
us twenty (20) calendar days to respond to the claim. The parties agree to
mediate in good faith before resorting to mandatory arbitration. All written
claims should be mailed to HARMONY HOME WARRANTY, LLC, Mediation Department, 90
East Halsey Road Suite 333 #171 or e-mailed to support@HarmonyHomeWarranty.com
.Except where prohibited, if a dispute arises from or relates to this Agreement
or its breach, and if the dispute cannot be settled through direct discussions
you agree that:
A. 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 under its
Commercial Mediation Rules. 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.
B. Any
and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred to a maximum of $1000 per claim, but in no event attorneys'
fees.
C. Under
no circumstances will you be permitted to obtain awards for, and you hereby
waive all rights to claim, indirect, punitive, incidental and consequential
damages and any other damages, other than for actual out-of-pocket expenses,
and any and all rights to have damages multiplied or otherwise increased. All
issues and questions concerning the construction, validity, interpretation and
enforceability of this Agreement, shall be governed by, and construed in
accordance with, the laws of the State of New Jersey, U.S.A. without giving
effect to any choice of law or conflict of law rules (whether of the State of
New Jersey or any other jurisdiction), which would cause the application of the
laws of any jurisdiction other than the State of New Jersey.
D. Any
claim must be brought in the parties’ individual capacity, and not as a
plaintiff or class member in any purported class, collective, representative,
multiple plaintiff, or similar proceeding (“Class Action”). The parties
expressly waive any ability to maintain any Class Action in any forum. The
arbitrator shall not have authority to combine or aggregate similar claims or
conduct any Class Action nor make an award to any person or entity not a party
to the arbitration. Any claim that all or part of this Class Action Waiver is
unenforceable, unconscionable, void, or voidable may be determined only by a
court of competent jurisdiction and not by an arbitrator. THE PARTIES
UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO
HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR
REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS
DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
X. SEVERABILITY
If any provision of this
Agreement is found to be contrary to law by a court of competent jurisdiction,
such provision shall be of no force or effect; but the remainder of this
Agreement shall continue in full force and effect.
XI. RENEWALS AND TRANSFER OF AGREEMENT
A. HHW
may, in its sole discretion, elect to renew this Agreement for a one year
contract term, unless otherwise approved by HHW . In the event we elect to
renew your Agreement, you will be notified of the terms within sixty (60) days
prior to expiration of your Agreement. Unless you notify HHW prior to
expiration of your Agreement, your Agreement will be automatically renewed and
you will be charged applicable plan fees.
B. If
you select the monthly payment option and we elect to renew your Agreement, we
will notify you of applicable rate and terms of renewal during the tenth month
of your Agreement. You will automatically be renewed for a monthly coverage
period unless you notify us in writing thirty (30) days prior to the expiration
of the Agreement. Your first payment for the next contract term will be
construed as authorization for month-to-month charges.
C. If
your covered property is sold during the term of this Agreement, you must
notify us of the change in ownership and submit the name of the new owner by
phoning 1- (855) 510-4370 in order
to transfer Agreement to the new owner.
D. You
may transfer this Agreement at any time.
There is no fee to transfer the Agreement.
XII. CANCELLATION
A. This
Agreement may be cancelled by HHW for the following reasons: (i) nonpayment of
Agreement fees or other breach of this Agreement by the customer; (ii)
nonpayment of Trade Service Call Fee, as stated in section IV; (iii) fraud or
misrepresentation by the customer and/or customer representative of facts material
to HHW’s issuance of this Agreement; or (iv) a change in laws or regulations
that has a material effect on the business of HHW or HHW’s ability to fulfill
its obligations under this Agreement.
B. You
may cancel this Agreement within the first thirty (30) days of the order date
for a full refund of the paid contract fees, less any service costs incurred by
us.
C. XII. CANCELLATION A. This Agreement may be cancelled by
HHW for the following reasons: (i) nonpayment of Agreement fees or other breach
of this Agreement by the customer; (ii) nonpayment of Trade Service Call Fee,
as stated in section IV; (iii) fraud or misrepresentation by the customer
and/or customer representative of facts material to HHW’s issuance of this
Agreement; or (iv) a change in laws or regulations that has a material effect
on the business of HHW or HHW’s ability to fulfill its obligations under this
Agreement. B. You may cancel this Agreement within the first thirty (30) days
of the order date for a full refund of the paid contract fees, less any service
costs incurred by us. C. Mutual agreement of us and you. If this Agreement is
canceled after thirty (30) days, you shall be entitled to a pro rata refund at
the standard contract fee rate for the unexpired term, less a $100
administrative fee and any service costs incurred by us. At HHW's sole
discretion a cancellation release form may be requested and if so it will be
mandatory to both complete this form and abide by its terms. If we have
provided services and the amount of the service costs incurred by us is greater
than the contract fees paid, then no refund will be due to you. If a refund
calculation results in You owing Us payment for services provided, in states
where permitted we may bill You for the greater of the net amount due to Us or
the unpaid annual term contract fee. We will bill or you any balance owed to Us
through the same mechanism as any previous installment billings, or We will
direct bill You if such a mechanism is not available. All cancellation
requests must be submitted in writing.