HWA NA15 2018
AL, AR, CT, DC, DE, GA, IA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MS, MO, NC, ND, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, VA, VT, WI, WV, WY
BUYER PLAN COVERAGE SUMMARY
Thank you for choosing a home warranty plan from Home Warranty of America, Inc. This document summarizes items
covered under your home warranty. Please refer to your Coverage Letter to confirm the specific plan you purchased,
as well as any optional coverages. The enclosed Terms & Conditions will provide more details regarding the coverages
you have purchased, including any exclusions and limitations.
Item
Gold Plan
Platinum Plan
Diamond Plan
Appliances
Built-in Microwave
✓
✓
✓
Dishwasher (built-in only)
✓
✓
✓
Garbage disposal
✓
✓
✓
Range/oven/cooktop
✓
✓
✓
Trash compactor (built-in only)
✓
✓
✓
Kitchen Refrigerator with Icemaker
-
✓
✓
Washer/Dryer Package
-
✓
✓
Systems
Air Conditioning / Cooling System
✓
✓
✓
Ductwork
✓
✓
✓
Electrical System
✓
✓
✓
Heating System / Furnace
✓
✓
✓
Permanent Sump Pump
✓
✓
✓
Plumbing System
✓
✓
✓
Stoppages/Clogs
✓
✓
✓
Water Heater including Tankless
✓
✓
✓
Telephone line coverage (low voltage wiring)
-
✓
✓
Other Home Features
Burglar and Fire Alarm Systems
✓
✓
✓
Ceiling Fans & Exhaust Fans
✓
✓
✓
Central Vacuum
✓
✓
✓
Doorbells
✓
✓
✓
Garage Door Opener
✓
✓
✓
Instant Hot Water Dispenser
✓
✓
✓
Re-key Services
-
✓
✓
Coverage Upgrades
Premium Coverage Upgrade
-
✓
✓
SEER/R-401A Modifications Upgrade
-
✓
✓
OrangePlus Upgrade
-
-
✓
Optional Coverages
GreenPlus Upgrade
-
-
-
External Water Line Repair
-
-
-
External Water Line + Sewer & Septic Line Repair
-
-
-
Pool/Spa Combo
-
-
-
Salt Water Pool (including Pool/Spa Combo)
-
-
-
Well Pump
-
-
-
Septic Tank/Sewage Ejector Pump/Septic Pumping
-
-
-
2
nd
Refrigerator
-
-
-
Freezer – Stand Alone
-
-
-
Kitchen Refrigerator w/ Ice Maker
-
✓
✓
Washer/Dryer Package
-
✓
✓
HWA NA15 2018
AL, AR, CT, DC, DE, FL, GA, IA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MS, MO, NC, ND, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, VA, VT, WI, WV, WY
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SHOULD YOU NEED SERVICE
PLEASE READ THIS CONTRACT CAREFULLY and then place your claim at
www.HWAHomeWarranty.com or by calling 1-888-HWA-RELY.
Have your Contract Number, make or model of the Covered Items, and Covered
Property’s complete street address available. You will pay the Trade Call Fee, stated on
Your Coverage Letter, or the actual cost of Services, whichever is less, when the
Authorized Repair Technician arrives at your home. Where this Contract requires a
Covered Item to be in a certain condition as a prerequisite to coverage, or when a
Service Request is made, HWA reserves the right to request a copy of any visual or
mechanical test that may have been performed by a home inspector or other licensed
mechanical contractor.
DEFINITIONS
1. “Authorized Repair Technician” means the service contractor HWA assigns in
response to Your request for Service.
2. “Contract” means this service contract between You and HWA, including the
Coverage Letter and the Plan Coverage Summary.
3. “Coverage Letter” means the letter attached to this Contract that includes Your
specific coverage information.
4. “Coverage Period” means the duration of this contract as identified on the
Coverage Letter.
5. “Coverage Period Start Date” means the date listed on the Coverage Letter.
6. “Covered Property” means the address that is eligible for coverage and identified
on the Coverage Letter. Covered Property must not be commercial property or
residential property converted, in whole or in part, into a business.
7. “Covered Items” means: (i) systems and components as specifically described
herein as “Included” and that are located inside the confines of the Covered
Property dwelling or garage (well or septic pumps, air conditioners, or pools/spas
located at, but not necessarily inside, the Covered Property dwelling or garage are
Covered Items); (ii) are in proper working order on the Coverage Period Start
Date; and (iii) become inoperative due to normal wear and tear, including
breakdowns due to insufficient maintenance if, at the time the issue or
breakdown, was unknown. Commercial-Grade Equipment and/or non-essential
Components are not Covered Items.
8. “Home Owner” means any customer who is not a Home Seller.
9. “Home Seller” means a customer who is selling the Covered Property.
10. “HWA” “We” “Us” or “Company” means Home Warranty of America, Inc. ™
11. “Service” or “Services” means the diagnosis and performance of the work,
including parts and labor, to repair or replace any Covered Item in accordance
with the provisions set forth in this Contract.
12. “Trade Call Fee” means an amount due by You for a Service visit by an Authorized
Repair Technician as listed on the Coverage Letter.
13. “You” and “Your” and the “Customer” means the person contracting for services
covered by this Contract and/or whose name appears on the Coverage Letter.
14. “SEER Standard” mean the then-current U.S. Department of Energy Seasonal
Energy Efficiency Ratio (SEER) requirement where the Covered Property is
located.
IMPORTANT
THIS IS A CONTRACT FOR REPAIR OR REPLACEMENT OF SPECIFIED APPLIANCES AND HOME SYSTEMS.
THIS IS NOT A CONTRACT FOR INSURANCE. THE PURCHASE OF COVERAGE IS NOT MANDATORY, AND
SIMILAR COVERAGE MAY BE PURCHASED THROUGH ANOTHER RESIDENTIAL SERVICE OR INSURANCE
COMPANY. THIS CONTRACT COVERS ONLY COVERED ITEMS AND EXCLUDES ALL OTHERS UNLESS
OTHERWISE STATED. SUBJECT TO ALL LIMITATIONS CONTAINED HEREIN, THIS CONTRACT PROVIDES
COVERAGE FOR UNKNOWN DEFECTS IF THE DEFECT IS NOT DETECTABLE THROUGH VISUAL INSPECTION
OR SIMPLE MECHANICAL TEST, AND THE COVERED ITEMS ARE IN PROPER WORKING ORDER ON THE
COVERAGE PERIOD START DATE. UNLESS OTHERWISE SPECIFIED, ANY DOLLAR LIMIT MENTIONED IS IN
THE AGGREGATE. HOME WARRANTY OF AMERICA, INC. (HWA) WILL NOT REIMBURSE YOU FOR
SERVICES PERFORMED WITHOUT HWA’S PRIOR APPROVAL.
CUSTOMER SERVICE
1. You must notify HWA as soon as a problem is discovered. HWA will accept service
requests 24 hours a day, 7 days a week, 365 days a year. HWA will assign an
Authorized Repair Technician within 48 hours. If You request Service outside of
Authorized Repair Technicians’ normal business hours (i.e. usually 8 AM - 5 PM in
your time zone, M-F, subject to change), you will be responsible for any additional
fees and/or overtime charges. In emergency situations, HWA will determine what
repairs constitute an emergency (generally goods that are essential to health and
safety, such as loss of heating, cooling, plumbing or substantial electrical service,
and such service renders the home otherwise uninhabitable—and not related to
a Force Majeure Event), and will make reasonable efforts to expedite emergency
service.
2. HWA has the sole right to select the Authorized Repair Technician to perform the
Service. HWA will not reimburse for Services without its prior approval.
3. You will pay the Trade Call Fee, listed on Your Coverage Letter, or the actual cost
of Services, whichever is less, when the Authorized Repair Technician arrives at
Your home. The Trade Call Fee is for each visit by an Authorized Repair Technician,
except as noted below. The Trade Call Fee applies to each call dispatched and
scheduled, including but not limited to those calls wherein coverage is deemed
excluded or denied under Your Contract. The Trade Call Fee is due if you fail to
be present at a scheduled time, or in the event you cancel a service call at the
time when the Authorized Repair Technician is on the way to Your home, or
already at Your home. Failure to pay the Trade Call Fee will result in the
suspension of coverage until the proper Trade Call Fee is paid. After the Trade Call
Fee is paid, coverage will be reinstated; however, the Coverage Period will not be
extended to cover the suspension period.
4. No Services will be performed if the Authorized Repair Technician is prevented
from entering the Covered Property due to the presence of animals, insects,
unsafe conditions, or if the Covered Item is not easily accessible. In this event, the
Trade Call Fee will still be owed.
If Services provided under this Contract should fail, then HWA will provide for the
necessary repairs without an additional Trade Call Fee for a period of 90 days on parts
and 30 days on labor.
COVERAGE TIME, RENEWAL & PAYMENT
You must report defects or malfunctions to HWA during the Coverage Period of this
Contract.
1. Coverage begins on the Coverage Period Start Date and continues until the
Coverage Period End Date, as set forth in the Coverage Letter.
2. Optional coverage may be added within 30 days of the Coverage Period Start
Date, after which additional optional coverage eligibility is subject to a 30-day
waiting period.
3. If the Contract was entered into as part of a real estate transaction, Home Owner’s
Coverage, as set forth in the Coverage Letter will be suspended until payment is
received.
4. Offer for future coverage is at HWA’s sole discretion. You will be notified of rates
and terms for continuation of coverage 30 days prior to the expiration of the initial
Coverage Period End Date.
5. If you elect to renew coverage for an additional one-year period following the
expiration of the initial Coverage Period (Renewal Term), you will be automatically
renewed for additional one-year periods thereafter, unless you notify HWA in
writing thirty (30) days prior to the expiration of the Renewal Term by mail at P.O.
Box 850, Lincolnshire, IL 60069 or by email at cancel@hwahomewarranty.com. If
You have any questions, You may contact HWA at 1-888-492-7359.
6. You will select Your payment method upon order of this Contract or upon
renewal. Payment may be made in monthly installments or in full as indicated in
your Coverage Letter. Contracts enrolled in monthly installment payment plans
will auto-renew prior to the expiration of the initial Coverage Period and
additional renewed Coverage Periods. You agree to make payment and
understand and agree such payments will be debited from a pre-authorized credit
card or checking account (unless you pay by check), based upon the payment plan
You choose. You will not receive a monthly or annual bill. If Your payments are
not current, We may refuse to provide Service under this Contract. Except as
otherwise specifically stated in this Contract, your payments are non-refundable.
HOME OWNER’S COVERAGE
This Section discusses included coverage (indicated by a ) for the Covered Property.
HWA shows examples of components “not covered” to assist your understanding of
this Contract, and examples are not exhaustive. Your coverage depends upon the Plan
you selected and any optional coverages You purchased. Your selected Plan is listed
in the Coverage Selection section of Your Coverage Letter. The specific coverages
included in that Plan are listed on the Plan Coverage Summary included with Your
Coverage Letter. It is also important to review Limits of Liability. Some coverages listed
below may be available as stand-alone optional coverages.
HWA’s sole responsibility is to arrange for an Authorized Repair Technician to provide
Service in accordance with the terms of this Contract. HWA IS NOT AN AUTHORIZED
REPAIR TECHNICIAN and will not actually perform the repair or replacement of any
systems or components.
HWA NA15 2018
AL, AR, CT, DC, DE, FL, GA, IA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MS, MO, NC, ND, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, VA, VT, WI, WV, WY
3
HWA’s obligation to pay for the repair or replacement of Covered Items is limited to
$5,000 in the aggregate per Covered Item and $15,000 in the aggregate during the
Coverage Period, unless otherwise noted.
STANDARD COVERAGE
The following coverages are included in the Gold Plan.
Kitchen Appliances – One (1) of each kitchen appliance per Covered Property
✓ Built-in Microwave
✓ Dishwasher (built-in only)
✓ Garbage Disposal
✓ Range/oven/cooktop (Gas or electric; built-in or free-standing)
✓ Trash compactor (built-in only)
NOT COVERED: rollers, seals, problems caused by bones or foreign objects other than
food, interior linings, shelves, glass, knobs, Sensi-heat burners, portable
range/oven/cooktop, lock and key assemblies, meat probe assemblies
Plumbing System
✓ Leaks and breaks of water, drain, gas, waste or vent lines, except if caused by
freezing or roots
✓ Toilet tanks, bowls and mechanisms (replaced with builder’s standard)
✓ Toilet wax seal rings
✓ Instant hot water dispensers
✓ Valves for shower, tub, and diverter angle stops, rinses and gate valves
✓ Permanently installed interior sump pumps (used for storm water only)
✓ Built-in bathtub whirlpool motor and pump assemblies
✓ Stoppages/clogs, including hydro jetting, within 125’ of access point
✓ Polybutylene piping ($1000 limit per Coverage Period)
✓ Main line stoppages if a ground level clean out is available
NOT COVERED: stoppages and clogs that cannot be cleared by cable or hydro jetting,
or that can only be cleared through roof vent, access to drain or sewer lines from vent
or removal of water closets and/or toilets, costs to locate, access or install ground
level clean out; hose bibs, fixtures, cartridges, bathtubs and showers or their
associated faucet or drain mechanisms, sinks, toilet lids and seats, cabling or grouting,
whirlpool jets, septic tanks, water softeners, pressure regulators, recirculating
pumps, inadequate or excessive water pressure, sewage ejector pumps, re-routing of
plumbing lines, holding or storage tanks, saunas or steam rooms, back-up and battery
sump pump systems, basket strainers
LIMITATIONS: HWA WILL PAY NO MORE THAN $1,000 FOR DIAGNOSIS, REPAIR OR
REPLACEMENT OF ANY COVERED PLUMBING SYSTEM ITEM. HWA IS NOT
RESPONSIBLE FOR COSTS TO ACCCESS ANY COVERED ITEM THAT IS CONCRETE
ENCASED OR OTHERWISE INACCESSIBLE. HWA WILL PAY NO MORE THAN $2,000 IN
THE AGGREGATE DURING THE COVERAGE PERIOD FOR ANY AND ALL PLUMBING
REPAIRS REQUIRED DUE TO RUST.
Water Heater
✓ Parts and components of gas, tankless, electric, or oil water heaters, including
circulating pumps, except:
NOT COVERED: solar water heaters or components, fuel, holding or storage tanks,
noise, energy management systems, flues and vents, problems resulting from
sediment, units exceeding 75 gallons, drain lines and drain line components
LIMITATIONS: HWA WILL PAY NO MORE THAN $1,000 IN THE AGGREGATE DURING
THE COVERAGE PERIOD FOR THE REPAIR OR REPLACEMENT OF TANKLESS OR OIL
WATER HEATERS.
Electrical System
✓ Parts and components, except:
NOT COVERED: fixtures, carbon monoxide alarms, detectors or related systems,
intercoms and doorbell systems associated with intercoms, inadequate wiring
capacity, solar power systems and panels, direct current (D.C.) wiring or components,
attic and whole house fans, damages due to power failure or surge, circuit overload,
solar components, energy management systems
LIMITATIONS: HWA WILL PAY NO MORE THAN $2,000 IN THE AGGREGATE DURING
THE COVERAGE PERIOD FOR ANY AND ALL COVERED ELECTRICAL REPAIRS REQUIRED
DUE TO RUST.
Ductwork
✓ Duct from heating unit to point of attachment at registers or grills
NOT COVERED: registers and grills, insulation, asbestos-insulated ductwork, flues,
vents and breaching, ductwork exposed to outside elements, separation due to
settlement and/or lack of support, damper motors, electronic, computerized and
manual systems management and zone controllers, diagnostic testing of, or locating
leaks to, ductwork including but not limited to as required by law, ordinance or
regulation, or when required due to the installation or replacement of system
equipment
LIMITATIONS: WHEN AUTHORIZED REPAIRS REQUIRE ACCESS TO DUCTWORK, HWA
WILL ONLY PROVIDE DIAGNOSIS, REPAIR, SEALING, OR REPLACEMENT TO
DUCTWORK THROUGH UNOBSTRUCTED WALLS, CEILINGS OR FLOORS
(OBSTRUCTIONS INCLUDE BUT ARE NOT LIMITED TO FLOOR COVERINGS, APPLIANCES,
SYSTEMS AND CABINETS). IF THE DUCTWORK IS ACCESSIBLE ONLY THROUGH
CONCRETE ENCASED FLOOR, WALL, OR CEILING HWA WILL PAY NO MORE THAN
$1,000 FOR DIAGNOSIS, REPAIR, OR REPLACEMENT OF SUCH DUCTWORK, BUT WILL
NOT COVER ANY COSTS AS A RESULT OF, OR DETERMINED BY, DIAGNOSTIC TESTING.
HVAC Systems Generally (residential, 5-ton capacity or less)
IF THE MAIN HVAC SYSTEM OF HEAT IN YOUR HOME FUNCTIONS AS BOTH AN A/C
UNIT, AND A HEATING SYSTEM, THEN IT IS SUBJECT TO ALL A/C AND ALL HEATING
SYSTEM LIMITATIONS LISTED BELOW. HWA’s obligation to pay for the repair or
replacement of Covered Items is limited to $5,000 in the aggregate per type of
Covered Item. For example, if there are two HVAC units on the Covered Property,
HWA’s obligation to pay for the repair or replacement of the two HVAC units is $5,000
total for both, not $5,000 each.
✓ All components and parts of geothermal/water source heat pumps that are
located within the foundation of the home or attached garage
Heating System/Furnace (residential, 5-ton capacity or less)
✓ All components and parts necessary for the operation of the system, including
heat pumps which heat and cool the home
✓ For units below SEER and/or R-22 equipment and when HWA is unable to
facilitate repair/replacement of failed items at the current SEER rating or with
R-22 equipment, repair/replacement will be performed with SEER/R-410A
equipment and/or 7.7 HSPF or high compliant and plenum, indoor electrical
and duct connections and air handling transition when requiring SEER or R-
410A compatibility changes
NOT COVERED: baseboard casings, oil storage tanks, portable units, solar heating
systems, fireplaces, key valves, filters, electronic air cleaners, registers, grills, clocks,
timers, heat lamps, fuel storage tanks, vents, humidifiers, gas heat pump systems,
outside or underground piping and components for geothermal and/or water source
heat pumps, Management Systems (i.e. an energy management system controlled
outside of the standard controls, including but not limited to smart phone
applications that can interface with your thermostat/HVAC unit; or a built in damper
system that can modify airflow to sections of a property), improper use of metering
devices, condensate pumps, after market inducer fan motors, pellet stoves, cable
heat, wood stoves, solar heating and components
LIMITATIONS: COVERAGE UNDER THIS SECTION IS LIMITED TO THE MAIN HEATING
SOURCE NOT TO EXCEED A 5 TON CAPACITY. DURING THE COVERAGE PERIOD, HWA
WILL PAY NO MORE THAN $1,500 PER COVERED SYSTEM AND COMPONENT FOR
DIAGNOSIS, ACCESS, AND REPAIR OR REPLACEMENT OF ANY HOT WATER OR STEAM
CIRCULATING HEATING SYSTEMS OR GEOTHERMAL/WATER SOURCE HEAT PUMP.
Air Conditioning/Cooling System (residential, 5-ton capacity or less)
✓ All components and parts of ducted electric central air conditioning and ducted
electric wall air conditioning
✓ For units below SEER and/or R-22 equipment and when HWA is unable to
facilitate repair/replacement or failed items at the current SEER rating or with
R-22 equipment, repair/replacement will be performed with SEER/R-410A
equipment and/or 7.7 HSPF or higher compliant
NOT COVERED: gas-fueled systems, condenser casings, registers and grills, filters,
electric air cleaners, window and/or non-ducted wall units, water towers,
humidifiers, improperly sized units, chillers and components, all exterior
condensing, cooling and pump pads, roof mounts, jacks, stands or supports,
condensate pumps, outside or underground piping and components for
geothermal and/or water source heat pumps, electronic, Management Systems,
mismatched condensing unit and evaporative coil per manufacturer specifications,
improper use of metering devices
Doorbells
✓ All parts and components, except:
NOT COVERED: door bells associated with intercom systems, video and/or monitors,
and battery-operated door bells
Ceiling Fans & Exhaust Fans
✓ Motors
✓ Bearings
✓ Switches
✓ Blades
✓ Controls
NOT COVERED: Whole house fans, belts, shutters, filters, light fixture
HWA NA15 2018
AL, AR, CT, DC, DE, FL, GA, IA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MS, MO, NC, ND, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, VA, VT, WI, WV, WY
4
LIMITATIONS: HWA WILL PAY NO MORE THAN $400 IN THE AGGREGATE DURING THE
COVERAGE PERIOD.
Central Vacuum
✓ All mechanical system components and parts
NOT COVERED: ductwork, blockages, accessories
LIMITATIONS: HWA WILL PAY NO MORE THAN $400 IN THE AGGREGATE DURING THE
COVERAGE PERIOD FOR DIAGNOSIS AND REPAIR OF EACH VACUUM.
Burglar and Fire Alarm Systems
✓ All components and parts
NOT COVERED: any wiring or parts located outside the main confines of the home,
batteries, video and/or monitors, sprinkler alarms and systems
LIMITATIONS: HWA WILL PAY NO MORE THAN $400 IN THE AGGREGATE DURING THE
COVERAGE PERIOD FOR DIAGNOSIS AND REPAIR OF EACH BURGLAR AND FIRE ALARM
SYSTEM.
Garage Door Opener
✓ All components and parts of the garage door opener, except:
NOT COVERED: garage doors, adjustments, Infra-red sensors, chains, tracks, rollers,
hinges, and springs
Instant Hot Water Dispenser
✓ Parts and components
ADDITIONAL COVERAGE/UPGRADE OPTIONS
The following additional coverages are available at Your option. Your coverage depends
upon the Plan and optional coverages you selected. Your selected Plan and any
optional coverages are listed on Your Coverage Letter. The same standard coverage
inclusions, exclusions and limitations as Home Owner’s Coverage apply to Optional
Coverage. Additional Coverage/Upgrade Options are available for Home Owners
only, not available to add to Listing Coverage, unless stated as ‘Included’ under Listing
Coverage.
PREMIUM UPGRADE
Premium Coverage adds certain coverage to the heating, cooling, plumbing, and
kitchen appliances that are otherwise excluded. Premium Upgrade includes:
Kitchen Appliances: racks, baskets, rollers, door seals, interior linings, rotisseries,
clocks, lighting, handles and knobs, and removable buckets
Plumbing: Fixtures and cartridges, faucets, shower heads and shower arms (replaced
with chrome builders’ standard), interior hose bibs, toilets of similar quality ($500
limit on toilets)
Water Heater: problems resulting from sediment
Heating System: filters
Air Conditioning/Cooling System: Filters, costs related to refrigerant recapture, and
window units
Garage Door Opener: remote receiving/transmitting devices, hinges and springs
ORANGEPLUS UPGRADE
OrangePlus Coverage adds certain coverage to Standard coverages that are otherwise
excluded. OrangePlus offers the following upgrades:
✓ Increases toilet replacement of similar quality up to $600 in the aggregate
✓ Building code violations up to $250 in the aggregate
✓ Building permits up to $250 per occurrence
✓ Increases professional series appliances to $2,500 for each eligible appliance
✓ Removal of all defective equipment that is replaced by HWA under the terms
of this Contract
✓ Coverage of systems with mismatched components, and improperly installed
systems
LIMITATIONS: HWA WILL PAY NO MORE THAN $750 IN THE AGGREGATE DURING THE
COVERAGE PERIOD FOR ANY IMPROPERLY MISMATCHED AND/OR UNKNOWN
IMPROPER INSTALLATION. HWA WILL REPAIR OR REPLACE ANY COVERED ITEM THAT
FAILS OR IS IDENTIFIED DUE TO AN ASSOCIATED FAILURE THAT WAS NOT PROPERLY
MATCHED IN SIZE OR EFFICIENCY, AND/OR IMPROPERLY INSTALLED, PROVIDED THAT
IT WAS UNKNOWN OR COULD NOT BE KNOWN TO THE HOME SELLER, HOME OWNER,
REAL ESTATE OR OTHER AGENT BY A VISUAL INSPECTION OR SIMPLE MECHANICAL
TEST PRIOR TO THE COVERAGE PERIOD START DATE. IF A SERVICE REQUEST IS MADE
PURSUANT TO THIS CONTRACT OPTION, HWA RESERVES THE RIGHT TO REQUEST A
COPY OF ANY VISUAL OR MECHANICAL TEST THAT MAY HAVE BEEN PERFORMED BY
A HOME INSPECTOR OR OTHER LICENSED MECHANICAL CONTRACTOR.
EXCLUSION: CODE VIOLATIONS FOR ITEMS NOT LOCATED ON THE COVERED
PROPERTY.
GREENPLUS UPGRADE
✓ If a dishwasher, refrigerator, clothes washer, heating system (limited to gas
furnace), or water heater breaks down and it cannot be repaired, HWA will
replace as follows:
o The dishwasher, refrigerator and clothes washer will be replaced with an
ENERGY STAR Qualified product (subject to availability), including a unit with
all other similar features as the existing one
o The heating system will be replaced with a 90 percent efficiency model
o The water heater will be replaced with a tankless water heater
LIMITATIONS: HWA WILL PAY NO MORE THAN $1500 FOR UPGRADE REPLACEMENT
OF TANKLESS WATER HEATERS AND WILL ONLY PAY UPON PROOF OF REPLACEMENT.
RECEIPT FOR REPLACEMENT MUST BE PROVIDED TO HWA WITHIN THE COVERAGE
PERIOD. NO COSTS FOR MODIFICATIONS OR ALTERATIONS WILL BE PAID FOR A
HEATING SYSTEM.
SEER/R-410A MODIFICATIONS UPGRADE
✓ Modifications or upgrades to valve line sets, evaporator coils, stands, plumbing
✓ Additional costs associated with evacuating and cleaning the system of all R-22
refrigerant and crane charges required for completion of install of the
evaporator coil
NOT COVERED: permits, cleaning, disposal or ductwork testing/sealing
LIMITATIONS: HWA WILL PAY NO MORE THAN $1000 IN THE AGGREGATE DURING
THE COVERAGE PERIOD FOR THE ABOVE COVERAGES ONLY IN THE EVENT
GOVERNMENT REGULATIONS PREVENT HWA FROM REPAIRING OR REPLACING A
COVERED AIR CONDITIONING SYSTEM, OR HEATING SYSTEM, WITH ONE OF SIMILAR
EFFICIENCY OR CAPACITY AND HWA PROVIDES AN UPGRADED UNIT PURSUANT TO
THIS CONTRACT.
Kitchen Refrigerator w/Ice Maker
✓ Parts and components
✓ Integral freezer unit
NOT COVERED: racks, shelves, ice crushers, water and ice dispensers and their
respective equipment, water lines and valve to ice maker, mini fridges, wine coolers,
interior thermal shells, freezers which are not an integral part of the refrigerator, food
spoilage, door seals, lighting, handles, units moved out of the kitchen, audio/visual
components, and internet connection equipment
Washer/Dryer Package
✓ Parts and components of the clothes washer
✓ Parts and components of the clothes dryer
NOT COVERED: plastic mini-tubs, soap dispensers, filter screens, knobs and dials, door
seals, venting, and lint screens
Re-Key Services
✓ Re-key up to six (6) locks (including deadbolts) inside main confines of the
home or garage—attached or unattached—with up to four (4) new keys
NOT COVERED: repair or replacement of doors, door handles, knobs, or locks
Telephone Line
✓ Parts and labor costs for repairs of all fittings, splitters, outlets and other
passive equipment for inside telephone wire and telephone jacks, inside cable
wire and cable outlets, and inside internet wire and internet connections
NOT COVERED: Structured Wiring Panels, recreational vehicle wiring, outside drop
wiring, installation of new jacks, installation of additional wire beyond that which is
required to be repaired to reestablish the functions of the Covered Items, and running
additional wire through the walls
LIMITATIONS: COVERAGE IS ONLY AVAILABLE FOR COVERED PROPERTIES WITH AN
ELECTRICAL SERVICE ENTRANCE RATED AT OR BELOW 400 AMPS.
Stand Alone Appliances
✓ For each additional stand-alone refrigerator or freezer, all components and
parts, including integral freezer unit
NOT COVERED: ice crushers, water lines and valve to ice maker, mini fridges, wine
coolers, interior thermal shells, food spoilage, door seals, handles, units moved out
of the kitchen
LIMITATIONS: HWA will pay no more than $1000 in the aggregate during the Coverage
Period for repair or replacement of a Stand-Alone Freezer.
HWA NA15 2018
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Pool and/or Spa Equipment (in-ground or built into a patio or deck)
✓ All above ground components and parts of the heater, pump, filter, pool sweep
motor, and timer
o Both pool and spa are covered (including exterior hot tub and whirlpool) if
they utilize common equipment
o One pool or spa if the common equipment is not utilized (unless an
additional coverage fee is paid)
NOT COVERED: lights, liners, electrical, plumbing or gas lines, structural defects, solar
equipment, jets, fuel storage tanks, control boards, switches, panels, or any cleaning
equipment, ornamental fountains and similar equipment, pool cover and related
equipment, booster pump, disposable filtration medium, water chemistry control
equipment, fill line, fill valves, valve actuators, turbo valves, pop-up heads and similar
components
LIMITATIONS: HWA WILL PAY NO MORE THAN $1000 IN THE AGGREGATE DURING
THE COVERAGE PERIOD.
Salt Water Pool Equipment
✓ Pool/Spa Equipment Coverage (see this coverage for more details)
✓ Circuit board and salt cell of salt water pool
NOT COVERED: Salt
LIMITATIONS: HWA WILL PAY NO MORE THAN $1,500 IN THE AGGREGATE DURING
THE COVERAGE PERIOD.
External Water Line Repair (May be added within 30 days of Coverage Period Start
Date)
✓ Coverage begins 30 days after Contract Start Date or the date this coverage
was added.
✓ Leaks or breaks due to normal wear and tear of portion of the water service
line that You own between the utility’s point of responsibility or from Your well
pump discharge line (excluding casement/pitless adapter) up to the inlet side
of the water meter or shut-off valve of the Covered Property, up to a maximum
aggregate limit of $5000 each Coverage Period. This limit includes the cost of
any permits required to perform services under this Contract.
✓ If original parts are unavailable or more costly, COMPATIBLE, AFTERMARKET,
SUBSTITUTE, REMANUFACTURED, OR RECYCLED PARTS MAY BE USED FOR THE
REPAIRS.
✓ If a public sidewalk or street is required to be cut or excavated to conduct the
repairs, HWA will cover the costs to repair such section of the public sidewalk
or street, up to a maximum aggregate limit of $5,000 each Coverage Period.
✓ Landscape restoration up to a maximum aggregate limit of $500 each
Coverage Period to address any remedial action You undertake to fix
landscaping damaged by the repairs, but only if You provide HWA proper
documentation of such expenses during the Coverage Period.
NOT COVERED: relocating any water meter at the time of repair, unless required by
applicable law, external water lines not owned by You, clogs or blockage of Your
external water line, pressure switches, meter vaults, shared or branch lines, storage
or pressure tanks, main shut-off valves that are not leaking, moving any section of
Your external water line unless necessary to complete a covered repair, removal of
debris or obstacles needed to access and repair Your external waterline, repairs
required by any local, state, or federal agency inspection, unless otherwise covered
by this Contract, updates to non-leaking portion of Your external water line to meet
requirements of applicable law, movement or repair of buried wells at above ground,
well equipment or well-related components, repairing private paved, asphalt and/or
concrete surfaces or structures, costs associated with opening and closing any portion
of the Covered Property’s foundation or slab to access Your external water line, and
thawing any frozen section of the external water line.
External Sewer & Septic Line Repair (May be added within 30 days of Coverage
Period Start Date)
✓ Coverage begins 30 days after Contract Start Date or the date this coverage
was added.
✓ Leaks, blocks or breaks due to normal wear and tear or tree roots of the portion
of the dew service line You own from the utility’s point of responsibility or from
Your septic tank to the point where Your sewer or septic tank enters the
Covered Property at the foundation, up to a maximum aggregate limit of $5000
each Coverage Period (this limit includes the cost of any permits required to
perform services under this Contract), so long as the external sewer or septic
line is in proper working order on the Coverage Period Start Date.
✓ If original parts are unavailable or more costly, COMPATIBLE, AFTERMARKET,
SUBSTITUTE, REMANUFACTURED, OR RECYCLED PARTS MAY BE USED FOR THE
REPAIRS.
✓ If a public sidewalk or street is required to be cut or excavated to conduct the
repairs, HWA will cover the costs to repair such section of the public sidewalk
or street, up to a maximum aggregate limit of $5,000 each Coverage Period.
✓ Landscape restoration up to a maximum aggregate limit of $500 each
Coverage Period to address any remedial action You undertake to fix
landscaping damaged by the repairs, but only if You provide to HWA during the
Coverage Period proper documentation of such expenses.
NOT COVERED: external sewer or septic line not connected to a public sewer system
or Your septic tank, common waste branch lines, external sewer or septic line not
owned by You or damage related to the backup of sewers and drains caused by main
sewer lines, devices connected to Your external sewer or septic line, moving any
section of Your external sewer or septic line unless necessary to complete a covered
repair, removal of items necessary to access your external sewer or septic line, such
as debris or obstacles, non-conforming drain line, such as basement or storm drain
systems, connected to Your external sewer or septic line, repairs required by any
local, state, or federal agency inspection, unless otherwise covered by this Contract,
updates to non-leaking portion or any free-flowing section of Your external sewer or
septic line to meet requirements of applicable law, interior pipes, private paved,
asphalt and/or concrete surfaces or structures, and thawing any frozen section of
Your external sewer or septic line.
Septic System (Per tank)/Sewer Ejector Pump/Septic Tank Pumping
✓ Aerobic pump
✓ Jet pump
✓ Sewage ejector pump
✓ Septic tank and line from house to tank
✓ If a stoppage is due to a septic tank back up, then HWA will pump the septic
tank one time during the Coverage Period of the plan
NOT COVERED: tile fields and leach beds, leach lines, lateral lines, insufficient
capacity, cleanout, and seepage pits, the cost of gaining or finding access to the septic
tank, the cost of sewer hook ups, disposal of waste, chemical treatments, tanks, leach
lines, cesspools, and mechanical pumps/systems
LIMITATIONS: HWA WILL PAY NO MORE THAN $500 IN THE AGGREGATE DURING THE
COVERAGE PERIOD. SEPTIC TANK PUMPING COVERAGE CAN ONLY BECOME
EFFECTIVE IF A SEPTIC CERTIFICATION WAS COMPLETED WITHIN NINETY (90) DAYS
PRIOR TO CLOSE OF SALE. HWA MAY REQUIRE A COPY OF THE CERTIFICATION PRIOR
TO SERVICE.
Well Pump
✓ All components and parts of well pump utilized for main dwelling only
NOT COVERED: well casings, pressure tanks or switches, hoisting or removal, piping
or electrical lines leading to or connecting pressure tank and main dwelling, holding
or storage tanks, and re-drilling of wells
LIMITATIONS: HWA WILL PAY NO MORE THAN $1,500 IN THE AGGREGATE DURING
THE COVERAGE PERIOD.
Subterranean Termite Treatment –Optional (Only available in Florida)
✓ Spot treatment of preexisting infestation of subterranean termites in the
infested area of the main foundation of the home and attached garage
✓ Non-preexisting partial treatments of termite infested area of the main
foundation of the home and attached garage
NOT COVERED: Infestation in decks, fencing or any area outside the confines of the
main foundation of the home or attached garage, repairs caused by damages from
subterranean termites
NOTE: COVERAGE IS SUBJECT TO A ONE-TIME SERVICE FEE ($200 + TAX) PAYABLE TO
THE LICENSED PEST CONTROL CONTRACTOR UPON INITIAL VISIT TO THE HOME FOR
ANY TERMITE TREATMENT COVERED UNDER THIS CONTRACT. If an inspection is
requested and no treatment is required or performed, the Service will be subject to a
$75 + tax inspection fee in lieu of the $200 one-time Service Fee.
LISTING COVERAGE
Coverage Period for Listing Coverage for the property listed by Home Seller starts on
the Coverage Period Start Date and continues until the earliest to occur of the following:
(i) the sale of the Covered Property; (ii) the expiration or cancellation of the listing of
the Covered Property; or (iii) 180 days from the Coverage Period Start Date (the “Listing
Period”, including any extension thereof). HWA, in its sole discretion, may extend Home
Seller’s Listing Coverage after expiration of the initial 180-day Coverage Period.
LISTING COVERAGE ELIGIBILITY
- Listing Coverage is only available if property is listed with a licensed real estate
professional and the listing property is either owner occupied or vacant at the time
the initial order for coverage is placed.
- Listing Coverage is not available to an owner of investment and/or rental
properties or for a property within a multiple unit of 5 or more dwellings.
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FLORIDA RESIDENTS ONLY: LISTING COVERAGE IS OPTIONAL AND SUBJECT TO AN
ADDITIONAL CHARGE. IF LISTING COVERAGE IS INCLUDED ON YOUR COVERAGE LETTER BOTH
BASIC AND OPTIONAL LISTING COVERAGES DESCRIBED BELOW ARE INCLUDED.
BASIC LISTING COVERAGE
The following coverages are available to Home Sellers. The same standard coverage
inclusions, exclusions, and limitation as Home Owner’s Coverage apply to Listing
Coverage.
✓ Kitchen Refrigerator w/Ice Maker
✓ Doorbells
✓ Washer/Dryer
✓ Ceiling Fans & Exhaust Fans
✓ Kitchen Appliances
✓ Central Vacuum
✓ Dishwasher
✓ Burglar & Fire Alarms
✓ Built-In Microwave
✓ Garage Door Opener
✓ Range/Oven/Cooktop
✓ Plumbing System
✓ Trash Compactor
✓ Garbage Disposal
✓ Water Heater including
Tankless
✓ Instant Hot Water Dispenser
✓ Electrical System
OPTIONAL LISTING COVERAGE
Optional coverage for HVAC units must be added or removed within 24 hours of
Coverage Start Date. If Optional Listing Coverage is added, it cannot be cancelled in the
event a claim has been filed.
For Home Sellers, the following coverage is included if listed on the Coverage Letter.
The same standard coverage inclusions, exclusions, and limitation as Home Owner’s
Coverage apply to Listing Coverage.
✓ Heating System
✓ Air Conditioning/Cooling System
✓ Ductwork
LISTING COVERAGE LIMITS OF LIABILITY & EXCLUSIONS
The following Listing Coverage limits of liability and exclusions are in addition
to those limits of liability and exclusions found in the Limits of Liability and
Exclusions sections of this Contract.
1. System Replacement. During the Listing Period, and for the first 30 days of
the Home Owner’s Coverage Period, HWA is not liable for replacement of
entire systems or appliances due to obsolete, discontinuation, or
unavailability of one or more integral parts. However, HWA will provide
reimbursement for the costs of those parts determined by reasonable
allowance for the fair value of similar parts.
2. Pre-Existing Conditions. During the Listing Period, HWA will not pay for the
repair or replacement of any Covered Items if they are inoperable as a
result of preexisting conditions, deficiencies, insufficient maintenance,
and/or defects.
3. LIMITATIONS: HWA’S OBLIGATION UNDER LISTING COVERAGE IS LIMITED
TO $1,500 IN THE AGGREGATE DURING THE COVERAGE PERIOD, SUBJECT
TO THE FURTHER LIMITATIONS SET FORTH HEREIN.
ALTERNATIVE DWELLINGS
The Covered Property must be a single-family home, townhome, or condominium
(including manufactured housing, which much be anchored to a permanent foundation
and not moved during the duration of this Contract) under 5,000 square feet, unless: (i)
an alternative dwelling type—i.e. 5,000 square feet or more, new construction, or
multiple units—is applied for by phoning 1-888-HWA-RELY; and (ii) such alternative
dwelling type is approved by HWA as a Covered Property. Guest houses, mother-in-law
units, and other structures (“Guest Unit”), subject to HWA’s review and approval, are
covered if the appropriate fee is paid for additional coverage to the Guest Unit. Please
contact HWA, with details regarding the size and number of appliances in the Guest
Unit, for a quote.
If this Contract is for a duplex, triplex, or fourplex dwelling, for coverage to apply to
common systems and appliances, then every unit within such dwelling unit must be
covered by an HWA contract with applicable optional coverage.
If this Contract is for a property within a multiple unit of 5 or more dwellings, then only
items contained within the confines of each individual property are covered. Common
systems and appliances are excluded.
LIMITS OF LIABILITY
1. Delays. Problems cannot always be diagnosed and repaired on the first Service
visit. HWA is not liable for losses or damages resulting from misdiagnosis or delays
in completing diagnosis or repairs.
2. Model/Serial Numbers. HWA is not responsible for repair or replacement of a
system or appliance lacking a visible Model or Serial Number.
3. Obstructed Items. HWA is not responsible for providing access to, or closing
access from, any Covered Item which is concrete-encased or otherwise
obstructed or inaccessible (including but not limited to beneath crawl spaces,
floor coverings, systems, cabinets, etc.).
4. Opened Walls/Ceilings. If it is necessary to open walls or ceilings to make repairs,
HWA will close the opening, provided the walls and/or ceilings were not damaged
by water prior to the Authorized Repair Technician beginning its Services or
repairs, and return to a rough finish condition, subject to the monetary limits in
this Contract. HWA is not responsible for the restoration of wall coverings, floor
coverings, plaster, cabinets, countertops, tiling, paint, or other surfaces. Similarly,
HWA is not responsible for the repair of any cosmetic defects or performance of
routine maintenance.
5. Hazardous Materials. HWA will have no liability for the removal of, failure to
detect, or contamination of any asbestos, radon gas, mold, or other hazardous
products or materials as a result of failure to detect any asbestos, radon gas, mold,
or other hazardous products or materials.
6. Consequential Damages. HWA is not responsible for consequential or secondary
damages. This includes, but is not limited to, repair of conditions caused by any of
the following: chemical or sedimentary build up, insect infestation, mold, mildew
or bacterial manifestations, misuse or abuse, theft or vandalism, failure to clean
or maintain as specified by the equipment manufacturer, missing parts, structural
changes, fire, freezing, electrical failure or surge, water damage, intentional acts,
riot, lightning, mud, earthquake, soil movement or settlement, storms, accidents,
pest damage, Force Majeure events (as defined below), failure due to excessive
water pressure, or any other perils not considered loss or damage due to normal
wear and tear.
7. Force Majeure.
a. This warranty is not insurance, but covers “normal wear and tear.” Plans do
not cover any damage to Your home or home system caused by or as a direct
or indirect result of a Force Majeure Event, including but not limited to, acts
of God, fire, war, flood, earthquake, hurricanes, tornadoes, and other
natural disasters, acts of terrorism, acts of any governmental authorities,
accidents, strikes, labor troubles, shortages in supply, changes in laws, rules,
or regulations of any governmental authority, and any other cause beyond
HWA’s reasonable control.
b. When a Force Majeure Event occurs, HWA will make commercially
reasonable efforts to fulfill its obligations under this Contract. Force Majeure
Events may result in delays or HWA’s inability to perform under this
Contract. If HWA is unable to perform its obligations, in whole or in part, due
to a Force Majeure Event, then HWA’s obligations shall be suspended to the
extent made necessary by such Force Majeure Event, and in no event shall
HWA be liable to You for its failure to fulfill its obligations for damages
caused by any Force Majeure Event.
8. Loss of Use Damages. HWA IS NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR
ECONOMIC DAMAGES FOR LOSS OR DAMAGES TO ANY PERSON OR PROPERTY
ARISING FROM THE LOSS OF USE OR THE INABILITY TO USE ANY COVERED ITEMS
OR PROPERTY TO THE EXTENT SUCH MAY BE DISCLAIMED BY LAW, AND YOU
EXPRESSLY WAIVE THE RIGHT TO ALL SUCH DAMAGES.
9. Repairs/Replacements. HWA has the sole right to determine whether any
Covered Item will be repaired or replaced. Parts and replacements will be of
similar or equivalent quality and efficiency to those being replaced, subject to all
other provisions of this Contract. Where replacement equipment of identical
dimensions is not readily available, HWA is responsible for providing installation
of similar quality equipment but NOT for the cost of construction or carpentry
made necessary by different dimensions. HWA is not responsible for upgrading
or matching color or brand. During the first 30 days of the Home Owner’s
Coverage Period, HWA is not liable for replacement of entire systems or
appliances due to obsolete, discontinuation, or unavailability of one or more
integral parts. However, HWA will provide reimbursement for the costs of those
parts determined by reasonable allowance for the fair market value of similar
parts.
10. Commercial Grade Equipment. HWA is not liable for the repair or replacement of
commercial grade equipment, systems, or appliances. HWA will pay no more than
$1,500 in the aggregate (or $2,500 when coverage includes OrangePlus) during
the Coverage Period for the repair or replacement of professional series or similar
appliances, including, but not limited to brand names such as Sub-Zero, Viking,
Bosch, JENN-AIR, GE Monogram, Thermador, subject to all other provisions,
limitations, and exclusions in this Contract.
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11. Routine Maintenance. HWA is not liable for normal or routine maintenance. You
are responsible for performing normal and routine maintenance and cleaning
pursuant to the manufacturer’s specifications.
12. Warrantied Products. HWA will not be responsible for repairs of systems or
components arising from a manufacturer’s defect or recall. HWA’s responsibilities
will be secondary to any other extended or in-home warranties that exist for the
covered systems, components, and appliances.
13. Haul Away. HWA is not responsible for removal and hauling away of old
equipment or appliances, unless OrangePlus coverage has been purchased.
Where available, You may choose to pay an additional fee directly to the
Authorized Repair Technician for removal and/or disposal of an old system,
component or appliance.
14. Cash Option. HWA reserves the right to offer cash back in lieu of repair or
replacement in the amount of HWA’s actual cost for the repair or replacement
services and equipment necessary to effectuate the repair and/or replacement,
which may be less than the retail price, to repair or replace any Covered Item.
15. Authorized Repair Technician. Customer understands and agrees that HWA is not
a contractor. HWA will not be the Authorized Repair Technician and HWA will not
perform the Services under this Contract. HWA engages third party contractors to
service homes under the Contract. HWA will subcontract with Authorized Repair
Technicians that meet HWA’s standards. You understand and agree that HWA:
(i) is not liable for the negligence, omissions, or other conduct of the Authorized
Repair Technician; and (ii) is not an insurer of the Authorized Repair Technician’s
performance.
16. Second Opinions. HWA reserves the right to require a second opinion, which HWA
will obtain at its own cost.
17. Remedies. You understand and agree that Your sole remedy under this Contract
is the recovery of the cost of the covered repair or replacement, whichever is less.
You understand and agree that, in no event, will HWA’s liability exceed $5,000 per
Covered Item or $15,000 in the aggregate during the Coverage Period.
EXCLUSIONS
The following exclusions are in addition to the items listed as “NOT COVERED” in the
Coverage sections of this Contract. Where this Contract requires an Item to be in a
certain condition as a prerequisite to coverage, or when a Service Request is made,
HWA reserves the right to request a copy of any visual or mechanical test that may
have been performed by a home inspector or other licensed mechanical contractor.
1. Management Systems. Electronic or computerized energy management or
lighting and appliance management systems are excluded from coverage.
2. Non-essential Components. Items not required for Covered Items to function,
which may include but is not limited to: accessories, clocks, timers, racks, baskets,
lights, shelves, meat probe assemblies, rotisseries, removable buckets,
audio/visual components, internet connectivity devices, remote control devices,
freezers or dispensers which are not an integral part of a refrigerator, lock and key
assemblies.
3. Hazardous Substances. Services do not include the identification, detection,
abatement, encapsulation, or removal of asbestos, radon gas, mold, or other
hazardous substances, and HWA has no obligation to arrange for, and will have
no liability for, the removal of the hazardous substance(s). If any hazardous
materials are encountered while performing the Services, the Authorized Repair
Technician has no obligation to continue the work until the hazardous materials
are abated, encapsulated, or removed, or it is determined that no hazard exists.
The Authorized Repair Technician will comply with U.S. Environmental Protection
Agency regulations regarding lead paint. This may require an extension of time to
complete the work.
4. Excluded Repairs. HWA is not liable for repairs related to adequacy or capacity of
Covered Items in the Covered Property; improper installation, design, or previous
repair of Covered Items not completed under this Contract; or problems or
failures caused by a manufacturer’s defect. Unless the optional coverage for such
is purchased, HWA is not responsible for providing upgrades, components, parts
or equipment required due to the incompatibility of the existing equipment with
the replacement system, appliance or component/part, including but not limited
to SEER standard, R-410A and/or 7.7 HSPF or higher compliant, as well as any
other efficiency required by federal, state, or local governments.
5. Common Systems and Appliances. Except as otherwise provided in the
Alternative Dwellings section, common systems and appliances are excluded.
6. Building and Zoning Code Requirements/Violations. You understand and agree
that HWA will not contract for: (i) services to meet current building and zoning
code requirements or to correct for code violations (except when optional
coverage is purchased and as set forth above); and (ii) services when permits
cannot be obtained. You further understand and agree that HWA will not pay for
the costs to obtain permits (except when optional coverage is purchased and as
set forth above).
TRANSFER OF CONTRACT
If Your Covered Property is sold during the term of this Contract, You may transfer this
Contract to the new owner by notifying HWA by phoning 1-888-HWA-RELY. You must
inform HWA of the change of ownership and provide the name, email address, and
phone number of the new owner. A copy of the Contract is available upon request. You
may not otherwise assign this Contract without HWA’s prior written consent.
HWA may assign this Contract, 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, HWA will have no further obligation to You.
CANCELLATION
Obligations of the provider under this Contract are backed only by the full faith and
credit of HWA and are not guaranteed under a reimbursement insurance policy.
You may cancel this Contract at any time. If You cancel within the first 30 days of the
Coverage Period, and no Service Request has been made, then you are entitled to a full
refund of the cost of this Contract, less a cancellation fee of the lesser of $30 or 10% of
the Contract Fee. You may not transfer the right to cancel the Contract to another
person within the first 30 days of the effective date of this Contract.
HWA cannot cancel this Contract, except for: (i) nonpayment of Contract Fees; or (ii)
fraud or misrepresentation of facts material to the issuance of this Contract; or (iii) in
the event a Contract Holder threatens acts of violence or bodily harm that would pose
risk or harm to HWA or an Authorized Repair Technician.
If HWA cancels this Contract, or You cancel after the first 30 days of the Coverage
Period, You will be entitled to a pro rata refund of the Contract Fee You paid for the
unexpired term, less an administrative fee of the lesser of $30 or 10% of the Contract
Fee, and any actual service costs incurred by HWA. If Listing Coverage is cancelled after
service has been performed, and the Contract Fee has not yet been paid, You will be
responsible for purchase of the Contract, or reimbursement to HWA of services
incurred, whichever is less.
RESOLUTION OF DISPUTES
1. This provision constitutes an agreement to resolve any disputes, claims or
controversies under this Contract through good faith negotiation. Either party
may initiate negotiations by providing written notice to the other party which lists
the subject of the dispute and the relief requested. The parties will respond to any
notices and requests in a timely and complete manner.
2. The parties agree that if a dispute cannot be resolved, trial courts within the
county where the Covered Property is located will have exclusive jurisdiction to
try the dispute. WITHOUT REGARD TO CONFLICTS OF LAW ANALYSIS, ANY
OBJECTIONS AS TO JURISDICTION OR VENUE IN SUCH COURT ARE EXPRESSLY
WAIVED.
3. BOTH PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN
ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER BASED UPON
CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS
CONTRACT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATIONS,
ADMINISTRATION, PERFORMANCE, OR ENFORCEMENT HEREOF.
4. Unless otherwise required by the laws of the state where the Covered Property is
located, this Contract will be governed, construed and enforced in accordance
with the laws of the state of Texas without regard to principles of conflicts of law.
5. Any legal or judicial proceeding commenced by or on behalf of You under this
Contract (including the assertion by you of any counterclaim) will take place on an
individual basis. Class actions, collective actions, and other similar representative
proceedings of any kind or nature (whether pursued though the courts, through
arbitration, or through any other judicial forum) are not permitted. BY ENTERING
INTO THIS CONTRACT YOU UNDERSTAND AND AGREE THAT YOU MAY BRING
CLAIMS AGAINST HWA OR ITS AFFILIATES ONLY IN YOUR INDIVIDUAL CAPACITY,
AND WAIVE ANY RIGHT TO BRING CLAIMS AGAINST HWA OR ITS AFFILIATES AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE
ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
6. Any failure by HWA to assert a right or enforce a requirement under this Contract
shall not be deemed a waiver of that or any other right or requirement and shall
not preclude HWA from asserting any right or enforcing the requirement at any
time.
PERSONALLY IDENTIFIABLE INFORMATION
For purposes of this Section only, “HWA,” “We,” “Us,” and “Our” also include any
Related Company. A “Related Company” includes, without limitation, any current or
future franchisor, franchisee, licensee, parent company, subsidiary, third party, or
affiliate of the brands (including Direct Energy) that We operate under. Personally
Identifiable Information (PII) includes any information that You have shared with Us,
that We have collected about you during the Coverage Period, and/or We collected in
the course of providing services to You, that may be used to specifically identify or
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contact You, such as Your name, mailing address, email address, phone number, or fax
number.
By being a Customer under this Contract, using Our products and services, or by
submitting Your PII to Us, You are consenting to the terms of this notice and Our privacy
policy located at www.HWAHomeWarranty.com/privacy. If You would like to limit Our
use of Your PII, You may request so in writing at Direct Energy/Home Warranty of
America, 12 Greenway Plaza, Ste, 250, Houston, TX 77046, Attn: Privacy Officer, c/o
Compliance Department or by email at privacy@directenergy.com.
CONTRACT TERMS
HWA will provide You with written notification of any material changes to this Contract
30 days in advance of the implementation of such changes. You may not receive a
notice when the changes are favorable to You or when changes are mandated by a
regulatory agency. After notice of a material change, You may terminate this Contract
by providing written notice within the 30-day period prior to the effective date of the
change. If you do not respond prior to the expiration of the 30-day period, you will be
deemed to have accepted the change.
Alabama Residents – In addition to Your cancellation rights listed above, if the
Contract is cancelled, the Home Owner shall be entitled to a pro rata refund of the
paid Contract Fee for the unexpired term, less service and a $25 administrative cost
incurred by HWA. If the Contract is cancelled within 20 days of the date the service
Contract was mailed or within 10 days of delivery if the Contract is delivered at the
time of sale and no claims have been made, the contract holder is entitled to a refund
of 100% of the premium. 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.
Arkansas Residents - In addition to Your cancellation rights listed above, You may
cancel this Contract within 20 days of the date this Contract was mailed to You or
within 10 days of delivery if this Contract is delivered to You at the time of sale or
within a longer time period permitted under this Contract. If You have not received
any Service, You are entitled to a full refund of the amount paid by You under this
Contract. 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 Contract.
Georgia Residents – All provisions of this section apply, except if a Home Owner
cancels the Contract, the Home Owner shall be entitled to a refund of 90% of the
unearned pro-rata amount of the paid contract fee; and if HWA cancels the contract,
the Home Owner shall be entitled to a refund of 100% of the unearned pro-rata
amount of the paid contract fee. No service, cancellation or administrative fees will
be charged or deducted.
In Georgia, the obligations under this Contract are guaranteed by a surety bond
executed by Federal Insurance Company, 15 Mountain View Road, Warren, NJ 07059
– telephone number (908) 903-2000.
Iowa Residents - 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 issue may be sent to the insurance division.
Kentucky Residents - You are entitled to make a direct claim against the surety
insurer if We fail to pay any covered claim within 60 days after the claim has been
filed. The Surety Insurer is Federal Insurance Company, 15 Mountain View Road,
Warren, NJ 07059 – telephone number (908) 903-2000.
Louisiana Residents - In addition to Your cancellation rights listed above, You may
cancel this Contract within 20 days of the date this Contract was mailed to You or
within 10 days of delivery if this Contract is delivered to You at the time of sale or
within a longer time period permitted under this Contract. If You have not received
any Service, You are entitled to a full refund of the amount paid by You under this
Contract. 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 Contract. If this Contract
is cancelled by HWA, HWA shall mail a written notice to You at the last known address
at least 15 days prior to cancellation by HWA. 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 - In addition to Your cancellation rights listed above, You
may cancel this Contract within 20 days of the date this Contract was mailed to You or
within 10 days of delivery if this Contract is delivered to You at the time of sale or
within a longer time period permitted under this Contract. If You have not received
any Service, You are entitled to a full refund of the amount paid by You under this
Contract. 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 Contract.
Minnesota Residents - In addition to Your cancellation rights listed above, You may
cancel this Contract within 20 days of the date this Contract was mailed to You or
within 10 days of delivery if this Contract is delivered to You at the time of sale or
within a longer time period permitted under this Contract. If You have not received
any Service, You are entitled to a full refund of the amount paid by You under this
Contract. 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 Contract.
New Hampshire Residents - In the event you do not receive satisfaction under this
Contract, 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 York Residents - In addition to Your cancellation rights listed above, You may
cancel this Contract within 20 days of the date this Contract was mailed to You or
within 10 days of delivery if this Contract is delivered to You at the time of sale or
within a longer time period permitted under this Contract. If You have not received
any Service, you are entitled to a full refund of the amount paid by You under this
Contract. 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 Contract.
North Carolina Residents - The purchase of this Contract is not required either to
purchase or to obtain financing for a home appliance.
Oklahoma Residents - This Contract is not issued by the manufacturer or wholesale
company marketing the product. This Contract will not be honored by such
manufacturer or wholesale company. Coverage afforded under this Contract is not
guaranteed by the Oklahoma Insurance Guaranty Association. Home Warranty of
America, Inc. is both the obligor and administrator.
South Carolina Residents - In addition to Your cancellation rights listed above, You
may cancel this Contract within 20 days of the date this Contract was mailed to You
or within 10 days of delivery if this Contract is delivered to You at the time of sale or
within a longer time period permitted under this Contract. If You have not received
any Service, You are entitled to a full refund of the amount paid by You under this
Contract. 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 Contract.
Vermont Residents - In addition to Your cancellation rights listed above, You may
cancel this Contract within 20 days of receipt of this Contract if You have not received
any Service for a full refund of the amount paid by You under this Contract.
Virginia Residents - In addition to Your cancellation rights listed above, You may
cancel this Contract within 20 days of the date this Contract was mailed to You or
within 10 days of delivery if this Contract is delivered to You at the time of sale or
within a longer time period permitted under this Contract. If You have not received
any Service, You are entitled to a full refund of the amount paid by You under this
Contract. 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 Contract.
If you are unable to contact or obtain satisfaction from the home service contract
provider then you may contact the Bureau of Insurance at P.O. Box 1157, Richmond,
VA 23218-1157 or by calling 1-877-310-6560.
Wisconsin Residents - In addition to Your cancellation rights listed above, You may
cancel this Contract within 15 days of the date this Contract was delivered to you for
a full refund. This Contract shall not be cancelled due to unauthorized repair of
covered equipment. If You cancel this Contract, no deduction shall be made from the
refund for the cost of any service received.
THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE
COMMISSIONER OF INSURANCE. Provided notice or proof of loss is furnished as soon
as reasonably possible and within one (1) year after the time it was required by this
Contract, failure to furnish such notice or proof within the time required by this
Contract does not invalidate or reduce a claim unless Home Warranty of America is
prejudiced thereby and it was reasonably possible to meet the time limit. This
Contract shall be governed, construed and enforced in accordance with the laws of
the State of Wisconsin without regard to principles of conflicts of law.
Wyoming Residents – In addition to Your cancellation rights listed above and in
accordance with Section 26-49-103 of the Wyoming Insurance Code, You may cancel
this Contract within 20 days of the date this Contract was mailed to You or within 10
days of delivery if this Contract is delivered to You at the time of sale or within a
longer time period permitted under this Contract. If You have not received any
Service, You are entitled to a full refund of the amount paid by You under this
Contract. 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 Contract. If this Contract
STATE SPECIFIC CANCELLATION PROVISIONS AND NOTICES
HWA NA15 2018
AL, AR, CT, DC, DE, FL, GA, IA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MS, MO, NC, ND, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, VA, VT, WI, WV, WY
9
is cancelled by HWA, HWA shall mail a written notice to You at the last known
address at least ten (10) days prior to cancellation by HWA. 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.
Paragraphs 1 (dispute resolution), 2 (venue), 3 (waiver of jury trial), 4 (governing
law) and 5 (waiver of class action) of the Resolution of Disputes Section of this
Contract do not apply to Wyoming residents.
