SERVICE CONTRACT TERMS AND CONDITIONS This is not a by ljj12159

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									             SERVICE CONTRACT TERMS AND CONDITIONS
                             This is not a contract of insurance

1. Parties

    AMT Warranty Corp. is the service contract issuer and provider responsible for the performance of
    contractual obligations under this Service Agreement, including service performance and payment of
    cost of any benefits owable to You under the Agreement. Home Service USA Repair Management
    Corp. (“Home Service”) has designed the protection program provided to You under this Service
    Agreement, and manages and administers the delivery of benefits owed to You under the Agreement.
    Home Service will be responsible for reviewing, processing and adjusting any claim You may have for
    benefits under this Service Agreement. Home Service will serve as Your ordinary point-of-contact for
    any questions or concerns You may have with respect to Your Service Agreement; You may also
    contact the obligor and contract issuer, AMT Warranty Corp., with any further inquiries. AMT Warranty
    Corp. has given Home Service authority to act on its behalf in processing claims under this Service
    Agreement and in assisting You in processing payments and other transactions under this Agreement,
    and Home Service will act on behalf of AMT.

    Obligations under this Plan are supported by Wesco Insurance Company, 59 Maiden Lane, 6th Floor,
    New York, NY 10038. Should We fail to pay a claim or provide service within 60 days of filing a proof
    of loss with Us, You are entitled to file a claim with the insurer.

2. Special Provisions

    Note – These terms and conditions, including all provisions, limitations, definitions and exclusions, and
    the Schedule Page, constitute the entire Contract.

    Subrogation - In the event We repair or replace any covered product due to any defect for which the
    manufacturer (“MFR”) or its agents or suppliers may be legally responsible, You agree to subrogate and
    assign Your rights of recovery to Us. You will be reimbursed for any reasonable costs and expenses You
    incur in connection with the subrogation or assignment of Your rights.

3. Package Selections

    Covered products are listed on the Declaration Page of this Contract. We will restore a covered product
    to normal operating condition after it has failed during normal single family household use.

    Bronze Package: Covers Furnace/Heater & Water Heater as primary units (“Primary Units”).

    Add-On to Package: Central Air Conditioning

4. What is Covered

    The Plan covers all labor and parts costs necessary to repair your product for problems due to normal
    wear and tear and inherent defects in material. If You have more than one product installed of the
    same type (e.g., two central air/heating units), We will cover the first product for which You file a claim,
    unless You have coverage on all products of the same product type.
    Home Comfort/Furnace: Furnace, Central Air Conditioning System, Hot Water Heater.
    Not covered: duct work, refrigerant lines, drain lines, or evaporation/condenser coils if rusted or
    corroded.

    Maximum Amount Per Claim: This Plan covers up to $300 per claim for repairs to or replacement of a
    defective covered product with a maximum of $1,200 per 12 month period. If estimated repair or
    replacement costs exceed $300, you will be provided with the maximum amount per claim of $300.
    Except where precluded by law, if the maximum amount per claim is reached for coverage on a Primary
    Unit, this Contract is deemed fulfilled and We shall be excused from further performance under this Plan.
    Except where precluded by law, if the maximum amount per claim is reached for coverage, this contract
    is deemed fulfilled as to the replaced product only and coverage shall not transfer to the replacement
    product. This section governs any further obligations by Us for products deemed Non-Repairable.
 5. Location of Service

     If service is specified, service will be provided at the address identified on the Declaration Page.

 6. Coverage Period

     The coverage begins 30 days from the date you agreed to purchase this Plan and continues month to
     month until terminated. This Plan will be automatically renewed on a monthly basis, unless you notify
     Us in writing of your decision not renew. You are paying for this Plan by making monthly payments
     added to your monthly statement, your coverage will terminate if you fail to pay any monthly statement
     within 30 days of the due date for such statement.

 7. Items Covered

     The Plans identified on the Declaration Page of this Contract are the only items for which service
     coverage shall be provided.

 8. If You Need Service

     Call the following telephone number 24 hours a day, 7 days a week to schedule service 1-888-300-
     5078. Service will be available during regular working hours.

     Emergency Service - A reasonable effort will be made to expedite service in cases of emergency. In
     the case of heating or furnace failure during the winter months, service will be initiated immediately.
     Once service is initiated it will be completed as soon as reasonably possible. LIMITATION OF
     LIABILITY - WE SHALL BE LIABLE FOR FAILURE TO PROVIDE TIMELY SERVICE DUE TO
     CONDITIONS BEYOND THEIR CONTROL INCLUDING, BUT NOT LIMITED TO, DELAYS IN
     OBTAINING PARTS, EQUIPMENT, OR LABOR DIFFICULTIES.

 9. If the Owner of the Product is Changing

     This Plan is not transferable by You. If the owner of the product changes, that product is no longer
     covered under the terms of this Contract.

10. Contract Cancellation

     You may cancel your Contract at any time for any reason:
     You may notify Us in writing at the address listed on the Declaration Page, or you may call 1-888-300-
     5064. You will be entitled to a pro-rata refund less the cost of any Covered Repairs or expenses
     incurred by Us for a Technician to attend to Your property as a result of Your request for a repair. Any
     refund not paid to You by Us within 30 days is subject to a 10% monthly penalty. If We cancel, we will
     provide you with written notice of cancellation as required by law. You will be entitled to a prorata
     refund of fees paid provided no claims have been made.

11. Service Contract Limitations

     a. Indirect Damages – In no event will We be liable for special, indirect,
        incidental or consequential damages.
     b. Renewals – We are not obligated to renew your Plan.
     c. Non-Repairable Products – If We determine that the product is not repairable,
        We will either replace the product with a product of like kind, quality and
        functionality or provide you with the maximum amount per claim of $300,
        whichever is less. The section on Maximum Amount Per Claim governs
        any further obligations by Us under this Plan for products deemed Non
        Repairable.
     d. Non-Original Manufacturer and Re-Manufactured Parts – Genuine
        factory parts will be used whenever possible; however the use of non-original
        manufacturer and remanufactured parts is allowed under this Plan.
     e. Limitation of Liability – To the extent permitted by applicable law, Our
        liability, if any, for any allegedly defective covered product or part shall be
        limited to repair or replacement of the product or part at Our option, and Our
        liability, if any, for damages relating to any defective covered product or part
         shall not exceed your purchase price for the product or part in question. THIS
         CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO
         THE COVERED PRODUCT(S). ALL IMPLIED WARRANTIES WITH
         RESPECT TO THE PRODUCT(S) INCLUDING, BUT NOT LIMITED TO,
         IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
         PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED.

12. Governing Law

     Unless otherwise governed by applicable state law, your Plan shall be interpreted and enforced according to
     the laws of the state in which the covered property is located.

13. Consumer’s Promises and Assurances

     In order to keep this Plan in force during its term, you promise and assure: (1) full cooperation with Us,
     Our technicians and authorized servicers during diagnosis and repair of the covered product; (2)
     accessibility of the covered product; (3) a nonthreatening and safe environment for in-home service;
     (4) the presence of an adult at the time of scheduled service; (5) that the covered product is not used
     for business or commercial purposes; and (6) that you will provide written notice of any defect or
     deficiency in service within 90 days of discovery by you, (7) if performance of the service contract is
     interrupted because of a strike or work stoppage at Our place of business, the effective period of the
     service contract shall be extended for the period of the strike or work stoppage.

14. What is Not Covered – Your Plan does not cover:

     a. repair of product(s) upon noncompliance of any part of Section 13 by
        You;
     b. coverage, components, products or items not specifically listed herein;
     c. consumer replaceable items such as batteries, tapes, ribbons, bulbs,
        hoses, water membranes, air & water filters, fuses, belts, knobs;
     d. any repair covered by a MFR’s original warranty or initiated by the MFR,
        or recall program whether the MFR is in business or not and all new
        products with less than an original 90 day MFR’s parts & labor warranty
        and costs associated with MFR’s recommended normal maintenance;
     e. unauthorized repairs performed by third parties, inaccessible products,
        theft;
     f. failures of components such as cabinets, frames, masks, finish defects;
     g. damage or failures caused by conditions beyond Administrator’s control
        such as freezing, inadequate plumbing, wiring, power supply, power
        surge, rust, corrosion, infestation, negligence, abuse, misuse, acts
        of God, failure to follow MFR’s recommended maintenance, improper
        installation;
     h. repair or replacement for defects that existed prior to this Plan purchase;
     i. service outside the continental USA and Hawaii;
     j. products used for commercial purposes;
     k. upgraded, retrofit, or unapproved components, such as electronic
        thermostats;
     l. damper motors, pump bodies, zone valves, piping radiation, feed water
        valves, expansion tanks, boiler sections, cooling coils, heat exchangers,
        heat pumps, water tanks;
     m. upgrades to comply with regulatory laws.

15. Dispute Resolution

     Any controversy or claim relating to this Agreement (whether contract, tort, or both), or the breach of
     this Agreement shall be settled by arbitration administered by the American Arbitration Association
     (“AAA”) under its commercial arbitration rules. Arbitration hearings shall take at the capitol of your state
     or other location(s) as mutually agreed by the Parties and AAA, and judgment on the award rendered
     by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties acknowledge
     and agree that they are waiving their right to a jury trial and to an appeal. In the event litigation (not
     including arbitration) is commenced by either Party to this Agreement arising out of an alleged breach
     of any of the Terms and Conditions hereunder, the prevailing Party shall be entitled to recover, in
     addition to any other costs and damages, its reasonable attorney’s fees.

16. Definitions

     You or Your means the homeowner of a single-family residence and the purchaser of this Plan.

     We, Us, and Our means(i), Home Service USA Repair Management Corp. and its affiliates, 750 E.
     Main Street, Suite 850, Stamford, CT 06902 (“Home Service”), in its capacity as Administrator and
     manager of the benefits owed under this Service Agreement, and (ii) AMT Warranty Corp., 59 Maiden
     Lane, New York, NY 10038 (“AMT”), which underwrites and is responsible for providing the benefits
     owed to You under this Service Agreement. You may contact us at the foregoing addresses or by
     calling us toll-free at 1-888-300-5064.

     Covered Repair is any repair or replacement of eligible parts or materials as defined in these Terms
     and Conditions and not specifically excluded by these Terms and Conditions as defined under Section
     14 “What is Not Covered”.

     Plan means the covered product(s) listed on the Declaration page.

     Party or Parties shall mean either Us or You, the person that has entered into this Agreement (together
     referred to as the “Parties”).
                                           Declaration Page
        Service Agreement Number:
                                                                          Help us help you:
                                                                          Please contact one of the numbers
        Service Agreement Term From: July 1, 2009                         below for the type of issue you have
                                                                          and be sure to provide your service
        Claims Can Be Made As Of: July 1, 2009                            agreement number.

        Service Agreement Holder:                                         24-Hour Repair Hotline:
                                                                          1-888-300-5078
        Covered Address:
                                                                          Customer Service Inquiries:
                                                                          1-888-300-5064
                                                                          8 a.m. - 8 p.m. Monday-Friday
                                                                          10 a.m. - 4 p.m. Saturday




                                          Program Features
        • The Bronze Package (and Central Air add-              • Service Hotline – available 24 hours a day,
          on package, if applicable) covers up to $300            365 days a year, including all holidays
          per claim for repairs to, or replacement of, a
          defective covered product with a maximum of           • Peace of mind – a fast, reliable service offered
          $1,200 annually.                                        by local technicians

        • No repair bill to pay – we settle the bill directly
          within the service agreement limits




SE2001CTR-FNL_b&m.indd 2                                                                                   5/12/2009 10:52:37 AM

								
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