CONTRACT
A. SERVICE OVERVIEW
UT-ID-OR-RE-3.16
1. In accordance with the terms of this Contract, Landmark Home Warranty, hereinafter also referred to as LHW, agrees to repair or replace systems and appliances mentioned as covered for the Contract Holder, hereinafter also referred to as You.
2. LHW will repair or replace systems and appliances mentioned as covered that: a. Are in proper working order on the effective date of this Contract. b. Have become inoperable due to normal usage after the effective date of this Contract and are reported during the term of this Contract. c. Are properly installed and located within the perimeter of the main foundation or detached garage, except those noted with an“*”.
3. LHW will repair or replace covered systems and appliances whose malfunctions, defects, and improper conditions precede the effective date of this Contract, including subsequent repairs required due to rust, corrosion, sediment, and / or lack of maintenance if: a. The malfunctions, defects, and improper conditions would not have been detectable through a visual inspection and simple mechanical test performed within 60 days prior to the effective date. i. A visual inspection of the covered item verifies that it appears structurally intact, properly cleaned and maintained, and without damage or missing parts that would indicate inoperability or imminent failure. ii. A simple mechanical test is defined as turning the item on and off to ensure that it is fully operational. While turned on, the item should operate as intended, without causing damage, irregular sounds, smoke, or other abnormal outcomes. b. The Contract Holder provides a home inspection report performed within 60 days prior to the effective date by a state licensed inspector, and covered items are documented as inspected and in proper working order and without indication that the covered item is in need of maintenance, repair, or suggestion of imminent failure. In the event the inspector notes recommend further evaluation by a trade specific professional, coverage may not apply.
4. LHW will determine, at its sole discretion, whether a covered system or appliance will be repaired or replaced.
5. Homes that have been sold for more than 30 days, and are not listed for sale, or are not part of an imminent real estate transaction at the time the Contract is received by us, do not qualify for coverage under the terms of this Contract. Call 888.493.5596 for quote.
6. Contract is for Contract Holder’ s residential dwelling, less than 5,000 square feet. Homes over 5,000 square feet require additional fees. Call 866.306.2999 for quote.
7. Where the premises covered by this Contract are a condominium or multiple units, obligations are limited to the confines of the unit. Common equipment is excluded.
8. LHW reserves the right to repair and / or replace systems and appliances with non-original manufacturer parts, including rebuilt or refurbished parts. We are responsible for providing installation of equipment comparable in features, capacity, and efficiency, but not dimensions, color, or brand.
9. LHW reserves the right to provide cash in lieu of repair or replacement when an item is not repairable and a replacement item is no longer available. The cash in lieu amount is the dollar amount LHW would pay( which can be less than retail cost) for parts and labor of said covered items, less the incurred cost of the contractor’ s diagnosis. Once cash in lieu is provided, LHW is no longer responsible for repair or replacement of the system or appliance for the duration of the Contract.
10. This Contract is limited to one unit per covered system or appliance( unless specifically noted or additional options purchased).
11. This Contract covers only the items mentioned as covered and excludes all others.
B. CONTRACT EFFECTIVE DATES
1. Real Estate Transaction Contract: becomes effective at close of sale and is in effect for one full year. Payment must be received within 14 days after close of sale. If Contract Holder takes possession prior to close of sale, the payment is due and coverage will begin upon receipt of payment.
2. Seller’ s Coverage Contract: effective the day the Contract is confirmed by us, and continues until the expiration of the initial listing period, up to 180 days, close of sale, or listing termination, whichever occurs first. Seller’ s Coverage contracts are offered in full faith that Contract Holder( home seller) will purchase a Real Estate Transaction Contract for the home buyer upon the close of sale of the home. a. You must contact LHW on or before the close of sale of the home in order to convert the Contract to a Real Estate Transaction Contract. i. See Contract Effective Dates 1, for Real Estate Transaction Contract payment terms. b. If the Seller’ s Coverage Contract is not converted to a Real Estate Transaction Contract through the sale of the home, the Contract will be cancelled at the end of the 180-day term and no additional Contract fee will be due upon cancellation. c. Seller’ s Coverage is not available on multiple units.
3. New Construction Contract: begins on the first anniversary of the close of sale and continues for three years from that date, provided the Contract
fee was received by LHW within 14 days from close of sale. All systems and appliances to be covered must be in proper working order at the time coverage begins on the first anniversary after close of sale.
4. Annual Contracts may be paid monthly or in full. All monthly contracts automatically renew, unless cancelled by the Contract Holder or are nonrenewed by LHW. Monthly payments must be made by credit or debit card( Visa, MasterCard, Discover or American Express) and are subject to a $ 5 per month transaction processing fee.
C. TO REQUEST SERVICE
1. Service can be initiated online at www. landmarkhw. com or via phone at 866.306.2999, 24 hours a day, 7 days a week.
2. LHW must be notified as soon as the malfunction is discovered and prior to expiration of the Contract term. 3. LHW will select an independent contractor to perform the service. 4. Under normal circumstances, services will be initiated within 48 hours after your service request is made to LHW. 5. $ 60 service call fee is due to the service contractor upon their arrival to your covered property. 6. If you request the wrong trade for services, you’ ll be responsible to pay an additional service call fee, payable to the appropriate service contractor.
7. Failure to pay the service call fee will result in a suspension of warranty coverage. LHW will not respond to a new service request until all previous service call fees are paid. If warranty coverage is suspended and service call fees are paid in full, the coverage will be reinstated, but the Contract period will not be extended.
8. It is your responsibility to provide access and clear non-related items away from the area that requires service. In the event the area is not accessible, the contractor will return at a later date, and you will be responsible for an additional service call fee.
9. LHW will determine what constitutes an emergency and will make reasonable efforts to expedite service within 24 hours. An emergency is defined by LHW as a failure resulting in: a. Plumbing failure that causes interior flooding b. Complete loss of heat or A / C and interior home temperatures are below 45 degrees Fahrenheit or above 90 degrees Fahrenheit c. System or appliance failure causing ongoing secondary damage to the home d. A condition that immediately endangers health or safety e. A condition that interferes with healthcare support of occupants f. No electricity, gas, water, or toilet facilities to the entire home
10. If LHW does not deem your service request an emergency and you request service to be performed outside of normal business hours, you will be responsible for payment of additional fees, including overtime.
11. LHW reserves the right to obtain a second opinion at LHW’ s expense. LHW may, at its sole discretion, authorize your request for a second opinion by a LHW contractor, and you will be responsible for the payment of an additional service call fee. 12. Service work is guaranteed for 30 days. 13. In some instances, LHW may offer you the option of finding your own contractor to provide diagnosis and possible subsequent repair. In this instance, your contractor must provide a diagnosis and itemized bid to LHW before any work is performed. LHW will not reimburse you for services performed by your own contractor without prior authorization.