Warranty Policy

Terms & Conditions

 

PERFORMANCE OF SERVICE

Please read your coverage carefully. Should you need service, telephone the Customer Service department at 1-800-648-5006 or visit aphw.com to start a claim online. Service is available 24 hours a day, seven days a week; you must have telephone approval before having any work done. The Customer Service department will make every effort to expedite service in emergencies. You will be required to pay a deductible per trade call, or the actual cost, whichever is less. If any additional repairs have been made during a service call to items not covered by this agreement, you will be required to pay those expenses.

 

PAYMENT

Payment is due to ensure coverage.

 

DEFINITIONS

1. Agreement, Contract, Service Contract, Home Warranty means this Agreement which You have purchased from Us and which includes the completed agreement on page 11 of the contract.

2. “Company” means America’s Preferred Home Warranty, Inc. (APHW), 5775 Ann Arbor Rd. Jackson, MI, 49201, 1.800.648.5006.

3.  “Component Part” means covered item as listed on the “What Is Covered?” page.

4. Contract Fee means the amount you paid for this Agreement, as shown on the Supreme Home Warranty Agreement Page.

5. Deductible means the amount You are required to pay, as shown on pages 5 and 11 of the contract, per repair for covered Breakdowns.

6. Breakdown means a failure of a covered item that is due to normal wear and tear.

7. Provider means the party obligated to perform or arrange to perform services pursuant to the terms of this Agreement and is also known as the Obligor, Extended Service Contract Provider, Service Contract Provider and Service Contract Maker. The Provider of this Agreement is America’s Preferred Home Warranty, Inc., 5775 Ann Arbor Rd. Jackson, MI, 49201 1-800-648-5006.

8. Agreement Page (page 11 of the contract) means the document which must be attached to and becomes part of this Agreement. It lists information regarding You, Your Covered Property, Plan selected, and other vital information.

9. We, Us, Ours means the Provider of this Agreement.

10. You and Your means the Agreement holder as shown on the Agreement Page (page 11 of the contract), or the person to whom this Agreement was properly transferred.

11. The term “non-payment” as used in this Agreement shall include any monthly payment that does not clear, is returned as dishonored, is declined, or otherwise fails, on being first processed.

 

CONTRACT COVERAGE

This contract provides protection, at a reasonable cost, against breakdown of specific items you have due to normal wear and tear. This Agreement is not intended to replace responsibility for minor repairs or normal maintenance. It does not cover everything. It may not cover the entire cost of repair or replacement of a covered item. A deductible is required for each APHW covered repair. Please read the following terms and conditions carefully. They describe the terms of your coverage and how to obtain service.
 

THIS CONTRACT COVERS ONLY THOSE ITEMS WHICH ARE:

1. Located in a single-family residence and/or condo.

2. In place, operative and located within the main perimeter of the main foundation of the home, including any attached garage, located at the address shown, on the effective date of the contract.

3. Not located in rooms or buildings used for commercial or business purposes.

4. Specified as “Covered” on the page of the Agreement brochure titled “What Is Covered?” If a system and/or item is not listed as covered, then it is NOT COVERED.

 

CUSTOMER SERVICE

1. Telephone service is available 24 hours a day, 7 days a week. You must contact the Company to place a claim. No claim forms are used. When service is required call APHW at 1.800.648.5006 or visit aphw.com to start a claim. After receiving a claim number you may call the licensed contractor of your choice. After your contractor has diagnosed the situation, you must call one of our customer service representatives so they can speak to the contractor while they are at your home to approve the repair and set up payment with the contractor. Please remember, there is no payment or reimbursement without prior approval. In case of furnace failure during periods of freezing temperatures, service will be initiated immediately and will be completed as soon as reasonably possible. If service cannot be initiated immediately due to conditions beyond the control of the Company and the homeowner must leave the home, upon prior authorization by the Company, the Company will pay up to $75.00 per night for no more than a three-night hotel stay.

2. A deductible is required for each APHW covered repair. If repairs are made to parts of additional systems, a separate deductible will apply to each system repaired.

3. It is the discretion of the Company to determine whether a covered system or component is to be replaced or repaired. Replacement is based on like kind or of better efficiency. For air conditioning or heating equipment, like kind includes equal or a better energy efficiency rating. For air conditioning equipment, this is the SEER rating. When replacement systems of exact dimensions are not available, the Company will be responsible for installation of like kind equipment, but not for the cost of carpentry or construction to necessitate the different dimensions. The Company is not responsible for upgrades or matching colors or brands and is not limited to brand names. Determination of the operating condition as of the agreement effective date and the nature of any failure will be made by us based upon the professional opinion of our claim staff reflecting, but not limited to, your approved contractor’s diagnosis.

4. APHW allows the homeowner to choose their own licensed contractor. You must call APHW first. APHW requires that the service provider diagnose your problem, and then contact APHW for approval of the proposed work. APHW will recommend a licensed contractor for you if you do not have an approved licensed contractor in your area, or if you would rather have APHW recommend the licensed contractor. The contractor must be licensed and bonded.

5. If no covered defects are discovered or repaired during a service call, the homeowner is responsible for the entire cost of the service call.

6. No additional deductible will be required where service work fails within 30 days after the service call, except where otherwise noted.

 

LIMITATIONS OF COVERAGE

A. The maximum aggregate liability of the Warranty is $25,000.

B. Commercial-like or Ultra-Premium Appliances or Combination Appliances: $1,000 maximum (e.g. Viking, Wolf, Dacor, and all commercial-like or ultra-premium appliances).

C. The maximum aggregate liability for repairs or replacement, regardless of the number of claims for repairs or replacement, or the number of systems/units:

1. Heating systems $2,250 (see item C3 for systems that heat or cool) ($1,500 for steam or hot water heating systems): hot water heat system boiler must have auto boiler feed; steam heat must have low water cut-off valve. $1,500 for geothermal and/or water source heat pump components and parts located within the foundation of the home or attached garage which cool and/or heat the home. The Company covers multiple systems for heating and air conditioning (Hot water, steam and geothermal systems are not covered for multiple systems). EXCEPT: Not Covered: outside or underground piping and components for geothermal and/or water source heat pumps, well pump and well pump components for geothermal and/or water source heat pumps.

2. The air conditioning system is $2,250.

3. Systems that heat and cool, unless otherwise specified $2,250. This includes but is not limited to, Gas Pack and Heat Pump systems.

4. Roof leak repair, $550; roof vent not covered.

5. Concealed plumbing or enclosed wiring (drains, vent piping, leaks and breaks in plumbing or wiring) duct work, $500. This limit includes access, diagnosis, repair or replacement and restoring or resurfacing to a rough finish.

6. Pool/spa (must be built-in) heater and filtration system & jetted bathtub is limited to $600. Premium/saltwater pool/spa upgrade is $1,200.

7. Washer and dryer, water well pump (must be primary source of water), and septic is $400.     
                          
8. Water softener is $600.

9. Humidifier is $500.

10. The special electrical package is limited to $1,000 per contract. (See “Limitations of Coverage,” C18, Special Electric Coverage).

11. Sump Pump: Primary sump pump only. Auxiliary pump not covered.

12. Water heater is $500 (chemical, mineral deposits, and sediments are covered with Preferred Upgrade only).

13. Refrigerator is $1,000.

14. Additional Refrigerators $1,000.

15. Termite Control is $500.

16. Sprinkler Systems is $250.

17. Gas Fireplace is $400.

18. Preferred Upgrades: Central Heat adds: registers, grills and heat lamps. Central Air adds: refrigerant recovery, reclaim and disposal, registers and grills. Cost for crane to install roof mounted covered replacement air conditioner unit $200 maximum. Plumbing adds: toilets replaced with like quality up to $200 per occurrence. Water Heater adds: sediment build-up. Special Electrical Package Includes: fire/burglar alarm, lighting fixtures, doorbell, garage door opener - hinges, springs, keypads and remote transmitters, ceiling fans. Appliances/Additional Refrigerators adds: refrigerator control board, refrigerator refrigerant recovery, ice maker and ice/beverage dispenser and their respective equipment; trash compactor lock and key assembly, buckets; built-in dishwasher racks, baskets and rollers; built-in microwave interior lining, glass door, clocks and shelves; oven/range interior lining, clocks, rotisseries, racks, handles, knobs and dials. Ceiling Fan: must be located in main dwelling. Code violations: when the correction of code violation(s) is required to affect a covered repair or replacement of a heating, plumbing or electrical “Component Part,” APHW will pay up to $250 aggregate to correct the code violation(s). APHW will not simply pay to remove the violation. IMPORTANT: If the Buyer Preferred Upgrade has been selected and the property is a multiple family dwelling, the upgrade package must be purchased for each unit; if it is not selected for each unit, any shared systems and/or appliances will not be covered.

 

LIMITS OF LIABILITY

1. The Company will not reimburse you for services performed without Company authorization. You must call APHW at 1.800.648.5006 or visit aphw.com to start a claim online for service. No claims will be honored after coverage period. You must have a claim number from APHW before calling a contractor.

2. The Company will not pay for any additional costs or related expenses which may be required to complete repairs, nor will the Company upgrade equipment or improve due to lack of capacity, previous improper installation, previous repair of or design of appliances, systems and components; or problems occurring because of modifications or alterations to appliances, systems or components, or failure to meet building or zoning code requirements or violations, city, county, state, federal, or any utility regulations or upgrades required by law.

3. Common areas or facilities of mobile home parks and condominiums are not covered.

4. Company is not responsible for repairs or replacements required as a result of: missing parts, fire, war, flood, smoke, water damage, lightning, freeze-up, earthquake, theft, storms, accidents, nuclear explosions, reaction, radiation or radioactive contamination, insurrection, extreme or unusual climate conditions, rust-out, corrosion, riots, vandalism, code violations, improper installation, acts of God, pest damage or misuse, structural changes, water failure and/or electrical surges, soil movement or mud, or failure to clean or maintain as instructed by the equipment manufacturer. Nor is the Company responsible for repairs of any cosmetic defects or cost of cleaning of equipment or parts.

5. Company is not liable for consequential or secondary damage from any covered item for property damage or personal injury, nor for service relating to any toxic materials or asbestos.

6. Company has the sole responsibility in determining whether to repair or replace.

7. Company’s liability is limited to systems failure due to normal wear and tear. Approval amounts for systems beyond manufacturer’s/industry standard life expectancy are the sole discretion of the Company.

8. Company is not responsible for any computerized or electronic energy management, lighting, or appliance management systems.

9. Company is not responsible for failure to provide reasonable service due to conditions beyond its control; including but not limited to delays in obtaining equipment, parts, or labor difficulties.

10. Items not covered for the first 30 days after are: any improper operation or malfunction due to rust for any system or component, appliance or pools/spas, and collapsed duct work.

11. Company is not responsible for additional charges to install or remove non-related equipment or systems in order to make a covered repair.

12. This contract is non-cancellable except for non-payment of contract fees, deductibles and/or service call fees, fraud or misrepresentation of facts, material to the issuance of the contract.

13. Company will not be obligated to service any system or appliance classified by manufacturer as commercial, leased equipment, stolen, vandalized, not properly maintained or connected, misused, neglected, consequential damages, abnormal use or damages due to inadequate capacity as determined/diagnosed by a licensed service contractor in the specific field and/or Company.

14. The type of service, repair or replacement and/or second opinion, will be at the Company’s sole discretion. APHW is not responsible for any costs due to repair, replacement, installation and labor of any covered system or part while under existing manufacturer’s warranty or third party service plan/agreement. Any inspections, reports, findings and/or disclosures will be made available to APHW upon request.

15. Anyone doing work on covered items is in no way a representative or agent of Company.

16. Coverage will not be provided if APHW is not notified when a problem is discovered and in all events prior to the expiration of this contract. All repairs under this Contract must be completed within 30 days of the date Company is first notified or the claim will be permanently closed unless, for good cause shown by the homeowner, Company agrees in writing to permit consideration of the claim at a later time.

 

GENERAL

1. The parties agree that Venue for any dispute arising under this Agreement shall be Jackson County, Michigan. The parties further agree that, in any action arising under this Agreement, if APHW is the Prevailing Party it shall recover its costs and actual reasonable attorney fees.

2. This Agreement may be renewed at the option of the Company and where permitted by State Law. Prior to renewal, the Company will notify the homeowner of the proposed renewal terms and costs.

3. The Company reserves the right to seek a second opinion for any service call.

4. The Company reserves the right to purchase back the warranty program if the party is not satisfied with the Home Warranty Plan. APHW will return the pro-rated purchase price of this Agreement, less any fees and/or costs incurred for repairs, to the party that purchased this Agreement.

5. This Agreement may be terminated by either party upon written notice to the other for any of the following reasons:

a. Misrepresentation concerning any covered item or any other fact related to the Agreement;

b. Non-payment of contract fees or service fees;

c.  If the listing agreement for the covered property terminates or expires without sale of the property, or upon mutual agreement of the parties.

d. Abuse, threatening or harming, or endangering the safety and/or well-being of any APHW employee.

6. America’s Preferred Home Warranty, Inc. is bonded.

7. By signing this contract, you authorize APHW to contact you by phone, mail and/or electronically.

8. This is not an insurance policy; our obligations under this agreement are backed by its Full Faith and Credit.

9. If ownership of the covered premises changes during the contract term, you must notify APHW at 1.800.648.5006, within 30 days of property transfer for the contract to be transferred to the new owner of the covered premises.


MULTIPLE UNITS

1. If this contract is for a duplex, triplex, or fourplex dwelling, all units within such dwelling must be covered by an APHW warranty agreement for coverage to apply to common systems and appliances (e.g. Triplex = 3 warranty agreements).     

2. Except as otherwise provided in this section, common systems
and appliances are not covered.


MANUFACTURED HOMES          

1. Manufactured homes must have a permanent address.

2. Manufactured homes over 20 years old have a $500 limit on heating. There is also a $500 limit on air conditioning.

3. Manufactured homes during the moving of location from one to another will not be covered from the time of disconnect until 30 days after hook-up (by an approved contractor) to the second location. Notice must be given to the warranty company of the moving and address change of the home.

 

SPECIAL STATE REQUIREMENTS:

Regulation of Home Warranty Agreements may vary widely from state to state. Any provision within this Agreement which conflicts with the laws of the state where the covered home is located shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Agreement was purchased in one of the following states and supersede any other provision within Your Agreement terms and conditions to the contrary.

 

ALABAMA RESIDENTS ONLY:

The venue for any dispute arising under this agreement by Alabama contract holders will be interpreted and enforced according to the laws of the State of Alabama.

Cancellations and Refunds

You may cancel this Agreement by informing Us of Your cancellation request within 30 days of the purchase of the Agreement and You will receive a 100% refund of the full Agreement Fee of Your Agreement, provided no claims have been paid. If Your cancellation request is made more than 30 days from the date of purchase, or if a claim has been paid within the first 30 days, You will receive a pro-rata refund of the Contract Fee, minus any paid claims and less an administrative fee not to exceed 10% of the Contract Fee.


If You request cancellation of this Agreement within thirty (30) days of the purchase date of the Agreement and the refund is not paid or credited within forty-five (45) days after return of the Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Agreement. If You cancel this Agreement, the administrative fee shall not exceed the lesser of 10% of the Contract Fee or twenty-five dollars ($25.00). Any refund may be credited to any outstanding balance of Your account and the excess, if any, returned to You.


If We cancel this Agreement We must provide You with a written notice at least 5 days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Contract Fee, or a material misstatement by You relating to the covered property or its use. If We cancel this Agreement, You will receive a refund based upon one-hundred percent (100%) of the unearned pro-rata
Contract Fee of this Agreement.


Transfer of Coverage/Agreement

If ownership of the covered premises changes during the contract term, you must notify APHW at 1.800.648.5006, within 30 days of property transfer for the contract to be transferred to the new owner of the covered premises.


Use of Non-Original Manufacturer Parts

We will approve the use of non-original manufacturer parts in providing the services we are required to perform under this Agreement.

 

ARIZONA RESIDENTS ONLY:

Cancellations and Refunds

If Your cancellation request is made more than thirty (30) days from the date of purchase, or if a claim has been paid within the first thirty (30) days, You will receive a pro-rata refund of the Contract Fee, less an administrative fee not to exceed 10% of the pro-rata refund. We may not cancel this Agreement except for fraud, material misrepresentation, or nonpayment by You. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. This Agreement will be interpreted and enforced according to the laws of the state of Arizona. In no event will claims be deducted from any refund.

 

ARKANSAS RESIDENTS ONLY:

Cancellations and Refunds


You may cancel this Agreement by informing Us of Your cancellation request within 30 days of the purchase of the Agreement and You will receive a 100% refund of the full Contract Fee of Your Agreement, provided no claims have been paid. If Your cancellation request is made more than 30 days from the date of purchase, or if a claim has been paid within the first 30 days, You will receive a pro-rata refund of the Contract Fee, minus any paid claims and less an administrative fee not to exceed 10% of the Contract Fee.


If You request cancellation of this Agreement within thirty (30) days of the purchase date of the Agreement and the refund is not paid or credited within forty-five (45) days after return of the Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Agreement.


If We cancel this Agreement We must provide You with a written notice at least 15 days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Contract Fee or a material misrepresentation or substantial breach of duties by You relating to the covered property or its use. If We cancel this Agreement, You will receive a refund based upon one-hundred percent (100%) of the unearned pro-rata Contract Fee of this Agreement.


Transfer of Coverage/Agreement

If ownership of the covered premises changes during the contract term, you must notify APHW at 1.800.648.5006, within 30 days of property transfer for the contract to be transferred to the new owner of the covered premises.


Use of Non-Original Manufacturer Parts
 

We will approve the use of non-original manufacturer parts in providing the services we are required to perform under this Agreement.

 

COLORADO RESIDENTS ONLY:

This service contract 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.R.S., and that a party to such a contract may have the right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.

 

FLORIDA RESIDENTS ONLY:

A home warranty may not provide listing period coverage free of charge. If Seller Upgrade Plan is selected all fees are due and payable and will be invoiced accordingly upon termination of the listing or at closing. Seller Upgrade Plan is only available with the purchase of a Buyer Coverage Plan.

 

GEORGIA RESIDENTS ONLY:

This is not a contract of insurance.

This Agreement does not cover consequential damages that result from a covered breakdown or normal wear and tear.

This Agreement only provides coverage for one-family or two-family residential building structures. This Agreement also does not provide coverage for condominium units if they are within a building structure that houses more than two families.

Our obligations under this Agreement are insured under a Surety Bond issued by Philadelphia Indemnity Insurance Company, 4050 Crums Mill Road, Suite 201 Harrisburg, PA 17112. You are entitled to make a direct claim against this company if We fail to pay any claim or refund within 60 days after You have filed proof of loss with Us.

Arbitration results will be non-binding relative to contracts issued to Georgia residents.

Cancellations and Refunds

You may cancel this Agreement by informing Us of Your cancellation request within 30 days of the purchase of the Agreement and You will receive a 100% refund of the full Agreement Fee provided no claims have been paid. If Your cancellation request is made more than thirty (30) days from the date of purchase, or if a claim has been paid within the first thirty (30) days, You will receive a pro-rata refund, less 10% of the refund amount due. We may not cancel this Agreement except for fraud, material misrepresentation, or nonpayment by You. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If We cancel this Agreement, You will receive a 100% pro-rata refund. In no event will claims be deducted from any refund. This Agreement will be interpreted and enforced according to the laws of the state of Georgia.

 

ILLINOIS RESIDENTS ONLY:

THIS IS NOT A CONTRACT FOR INSURANCE.


IOWA RESIDENTS ONLY:

The issuer of this contract 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 ONLY:

This is not an insurance policy; APHW is backed by its Full Faith and Credit. The holder of this service contract shall be entitled to make a direct claim against the insurer upon the failure of the maker to pay any claim within 60 days after the claim has been filed with Philadelphia Indemnity Insurance Company, 4050 Crums Mill Road, Suite 201 Harrisburg, PA 17112.

 

MISSOURI RESIDENTS ONLY:

Obligations of the provider under this service contract are backed only by the Full Faith and Credit of the provider (issuer) and are not guaranteed under a reimbursement insurance policy.


This agreement does not cover any pre-existing defects. In order to qualify for coverage, potentially covered items must be fully operational and in satisfactory working condition upon occupancy of the home.


Cancellations and Refunds

You may cancel this Agreement by informing Us of Your cancellation request within 30 days of the purchase of the Agreement and You will receive a 100% refund of the full Agreement Fee of Your Agreement, provided no claims have been paid. If Your cancellation request is made more than 30 days from the date of purchase, or if a claim has been paid within the first 30 days, You will receive a pro-rata refund of the Contract Fee, minus any paid claims and less an administrative fee not to exceed 10% of the Contract Fee.


Use of Non-Original Manufacturer Parts
 

We will approve the use of non-original manufacturer parts in providing the services we are required to perform under this Agreement.

 

NEVADA RESIDENTS ONLY:

Cancellations and Refunds

If You are not satisfied with the manner in which We are handling a claim on the contract, You may contact the Commissioner by calling (888) 872-3234. You may cancel this Agreement by returning the service contract to Us within 20 days of your receipt of the service contract (the “free-look period”) and You will receive a 100% refund of the full Agreement Fee of Your Agreement, provided no claims have been paid. If Your cancellation request is made after the free-look period, or if a claim has been paid during the free-look period, You will receive a pro-rata refund of the Contract Fee, less a $25.00 cancellation fee. If You request cancellation of this Agreement within the free-look period and the refund is not paid or credited within 45 days after return of the Agreement to Us, a 10% penalty will be added to the refund for every 30 days the refund is not paid. This provision applies only to the original purchaser of the Agreement. Any such refund may be credited to an outstanding balance of Your account, and the excess, if any, returned to You. The cost of benefits paid or services provided during the current contract year will be deducted from any refund issued pursuant to the holder’s cancellation of this contract. We may cancel this Agreement if the reason for cancellation is nonpayment by You of the Contract Fee, or a material misstatement by You relating to the covered property or its use, an act or omission by You, or a violation by You of any condition of the service contract, which occurred after the effective date of the service contract and which substantially and materially increases the service required under the service contract, however, no such cancellation may become effective until at least 15 days after the notice of cancellation is mailed to you. You will receive a pro-rata refund of the Contract Fee.

THERE IS A 30-DAY WAITING PERIOD FOR: WATER WELL, SEPTIC and THE BUYER OF A FORECLOSURE OR A REPOSSESSED HOME. There is no coverage for the seller of a foreclosure or a repossessed home.

 

NEW JERSEY RESIDENTS ONLY:
 

You may cancel this Agreement by informing APHW of your cancellation request within 30 days of the purchase of the Agreement and you will receive a 100% refund of the full Agreement fee, provided no claims have been paid. If your cancellation request is made more than 30 days from the date of purchase, or if one or more claim has been paid, you will receive a pro-rata refund of the Agreement fee, minus the amounts paid by APHW on claims.

If you request cancellation of this Agreement within 30 days of the purchase date of the Agreement and the refund is not paid or credited within 45 days after cancellation of the Agreement to APHW, a 10% penalty will be added to the refund for every 30 days the refund is not paid.

If APHW cancels this Agreement APHW must provide you with a written notice at least 5 days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for the cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Agreement and/or material misrepresentation or substantial breach of duties by you relating to the covered property or its use. If APHW cancels, you will receive a pro rata refund of the Agreement based upon the length of the Agreement and the time the Agreement has been in effect as of the date of cancellation.

APHW will approve the use of refurbished, reconditioned, non-original manufacturer parts in performing our obligations under the Agreement.

Obligations of the provider under this service contract are backed by the Full Faith and Credit of the provider.

 

NEW MEXICO RESIDENTS ONLY:

Cancellations and Refunds

You may cancel this Agreement by informing Us of Your cancellation request within 30 days of the purchase of the Agreement and You will receive a 100% refund of the full Contract Fee of Your Agreement, provided no claims have been paid. If Your cancellation request is made more than 30 days from the date of purchase, or if a claim has been paid within the first 30 days, You will receive a pro-rata refund of the Contract Fee, minus any paid claims and less an administrative fee not to exceed 10% of the Contract Fee.

If You request cancellation of this Agreement within thirty (30) days of the purchase date of the Agreement and the refund is not paid or credited within sixty (60) days after return of the Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Agreement.

If We cancel this Agreement We must provide You with a written notice at least 15 days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Contract Fee or a material misrepresentation or substantial breach of duties by You relating to the covered property or its use.

 

OHIO RESIDENTS ONLY:

This contract is non-cancellable by buyer or person entitled to benefits under this contract.

 

SOUTH CAROLINA RESIDENTS ONLY:

This is not a contract of insurance.


You may cancel this Agreement by informing Us of Your cancellation request within 30 days of the purchase of the Agreement and You will receive a 100% refund of the full Contract Fee of Your Agreement, provided no claims have been paid. If Your cancellation request is made more than 30 days from the date of purchase, or if a claim has been paid within the first 30 days, You will receive a pro-rata refund of the Contract Fee, minus any paid claims.


If You request cancellation of this Agreement within thirty (30) days of the purchase date of the Agreement and the refund is not paid or credited within forty-five (45) days after return of the Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Agreement.


If We cancel this Agreement We must provide You with a written notice at least 15 days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Contract Fee or a material misrepresentation or substantial breach of duties by You relating to the covered property or its use. If We cancel this Agreement, You will receive a refund based upon one-hundred percent (100%) of the unearned pro-rata Contract Fee of this Agreement.


If You have any questions regarding this Contract, or a complaint against the provider, you may contact the South Carolina Department of Insurance, 1201 Main St. Ste. 1000, Columbia, SC 29201 or Post Office Box 100105, Columbia, SC 29202-3105, or (800) 768-3467.

 

Transfer of Coverage/Agreement

If ownership of the covered premises changes during the contract term, you must notify APHW at 1.800.648.5006, within 30 days of property transfer for the contract to be transferred to the new owner of the covered premises.

 

Use of Non-Original Manufacturer Parts

We will approve the use of non-original manufacturer parts in providing the services we are required to perform under this Agreement.

 

TEXAS RESIDENTS ONLY:
 

Anyplace in the contract where the term “deductible” appears Texas Residents should read this as a “Plan Fee.” The Plan Fee varies in amount, as shown on pages 5 and 11, depending on the Plan you selected when you purchased the Warranty, and is the amount You are responsible to pay per repair for covered Breakdowns.

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 CONTRACT.

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.

This contract is issued by a Residential Service Company licensed by the Texas Real Estate Commission. Complaints about this contract or company may be directed to the Texas Real Estate Commission at P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3049. The purchase of a residential service contract or home warranty contract is optional and similar coverage may be purchased from other residential service companies or insurance companies authorized to conduct business in Texas.

 

UTAH RESIDENTS ONLY:

This service contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this contract is not guaranteed by the Property and Casualty Guaranty Association.

LISTSECURE® IS NOT AVAILABLE IN UTAH.

Page 7, GENERAL, item 5 is deleted and replaced with; Grounds for cancellation include material misrepresentation, substantial change in risk, and substantial breaches of contractual duties. Notice of cancellation is effective no sooner than 30 days after the delivery or first class mailing of a written notice to You. Cancellation for nonpayment is effective no sooner than 10 days after delivery or first class mailing of the notice.

Items with pre-existing conditions are excluded from coverage; all items on which a claim may be made must be properly installed and fully operational on the effective date of this service contract.

 

WASHINGTON RESIDENTS ONLY:

This contract is inapplicable to and does not provide services for items that are prohibited or excluded by Washington law.

 

WISCONSIN RESIDENTS ONLY:

Cancellations and Refunds

This Agreement may be cancelled by the provider only for nonpayment of the provider fee, material misrepresentation by the contract holder to the provider or administrator, or substantial breach of duties by the service contract holder relating to the covered product or its use. In the event of a total loss of property covered by this Agreement that is not covered by a replacement of the property pursuant to the terms of this Agreement, you are entitled to cancel this Agreement without a cancellation fee, less any claims paid.

You may cancel this Agreement by informing Us of Your cancellation request within 30 days of the purchase of the Agreement and You will receive a 100% refund of the full Agreement Fee of Your Agreement, provided no claims have been paid. If Your cancellation request is made more than 30 days from the date of purchase, or if a claim has been paid within the first 30 days, You will receive a pro-rata refund of the Contract Fee, minus any paid claims and less an administrative fee not to exceed 10% of the Contract Fee.

If You request cancellation of this Agreement within thirty (30) days of the purchase date of the Agreement and the refund is not paid or credited within forty-five (45) days after return of the Agreement to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Agreement. If You cancel this Agreement, the administrative fee shall not exceed the lesser of 10% of the Contract Fee or twenty-five dollars ($25.00). Any refund may be credited to any outstanding balance of Your account and the excess, if any, returned to You.

If We cancel this Agreement We must provide You with a written notice at least 5 days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Contract Fee, or a material misstatement by You relating to the covered property or its use. If We cancel this Agreement, You will receive a refund based upon one-hundred percent (100%) of the unearned pro-rata Contract Fee of this Agreement.

THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.

 

WYOMING RESIDENTS ONLY:

Holding a service contract covering a home in Wyoming:

Cancellations and Refunds

The following terms, restrictions or conditions shall govern cancellation of this service contract prior to the termination or expiration date of the service contract by either the provider or by the service contract holder. APHW shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the provider at least ten (10) days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to APHW or a substantial breach of duties by the service contract holder relating to the covered product or its use.

The original service contract holder may return the service contract within twenty (20) days of the date the service contract was mailed to the service contract holder or within ten (10) days of delivery if the service contract is delivered to the service contract holder at the time of sale or within a longer time period permitted under the service contract. Upon return of the service contract to APHW within the applicable time period, if no claim has been made under the service contract prior to its return to APHW, the service contract is void and APHW shall refund to the service contract holder, or credit the account of the service contract holder, with the full purchase price of the service contract. The right to void the service contract provided in this subsection is not transferable and shall apply only to the original service contract purchaser, and only if no claim has been made prior to its return to APHW. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the service contract to APHW.

The contract holder may terminate the contract for any reason.

Arbitration

The arbitration clause in the main body of this service contract does not apply. In the event of any disagreement the parties may agree to arbitration in a separate written agreement.

 

CUSTOMER CONTRACT TERMS

NOTE: See your Contract Agreement for specific contract term.
 

1. Renewal Customers

Renewal Customer’s contract starts upon the expiration of the previous contract terms, and continues for 1 year provided the contract fees have been received. No claims will be accepted by APHW unless the contract fees have been paid per the Renewal Customer’s payment plan choice. (SEE PAGE 11 OF THE CONTRACT)

2. Direct to Consumer (DTC)

First Year Non-Real Estate Transaction Customers

DTC contract starts 30 days post contract acceptance, and will continue for the remainder of one full year provided the contract fees have been received. No claims will be accepted by APHW unless the contract fees have been paid per the Customer’s payment plan choice. (SEE PAGE 11 OF THE CONTRACT )

3. Ownership Transfer

If ownership of the covered premises changes during the contract term, please notify APHW at 1.800.648.5006, for transfer of the contract to the new owner of the covered premises.

 

RENEWAL AND CANCELLATION

1. APHW reserves the right to renew the contract or cancel at our discretion. You will be notified when your renewal is to expire, as well as the plan costs and terms and conditions.

2. If you have chosen the monthly payment plan, it will be at the sole discretion of APHW to continue the contract. APHW will notify you within 60 days of your contract’s expiration, and the contract will continue for 1 full year upon expiration of the previous contract term. If you wish to cancel the agreement, you will need to notify APHW in writing, 30 days prior to the end of the contract term. The first payment of your next contract term will serve as authorization for another contract term.

3. A. APHW reserves the right to cancel the contract for the following reasons, but not limited to:

1. Nonpayment of agreed contract fees

2. Misrepresentation or fraud concerning any covered item or any other fact related to the agreement

3. Abuse, threatening or harming, or endangering the safety and/or well-being of any APHW employee

B. This contract may be cancelled:

1. Within the first 30 days of the contract term

2. If agreed upon between APHW and the contract holder

3.  If the contract holder is on a multiple payment plan, they can cancel at any time, and the contract will cancel at the end the specific month APHW was notified.

NOTE: In any case in section 3:B, APHW will provide a full refund to the contract holder less service (claims) costs incurred by APHW.

C. If it is agreed to allow the contract holder to cancel after the 30th day, then the contract holder will be entitled to a pro-rated refund of the paid contract fees for the unexpired term, less a) an administrative fee up to $45; and b) any service (claim) costs incurred by APHW (collectively the “Cancellation Fees”). APHW will charge a 10% monthly penalty to funds not paid or credited to APHW within 30 days of the return of this contract to APHW.

 

 

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