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This Warranty is between the Seller
and Buyer of the property shown on the reverse side ("Covered
Property") and R.S. Andrews Enterprises of Kansas, Inc. d/b/a A.B.
May Company ("Company"). Services under this Warranty are provided
by Company and other such companies under their direction may be
used to perform repair service on the home mechanical systems
outlined in this Warranty. The Company during the term of this
Warranty and subject to the following conditions, warrants to Seller
and Buyer (Seller and Buyer will sometimes hereinafter be referred
to jointly as "Covered Persons" or individually as "Covered Person")
to repair or replace, at Company's discretion, any covered appliance
or home mechanical system (plumbing, heating, air conditioning,
electrical) located at the Covered Property to normal operational
condition. This Warranty covers only the appliances and systems
which are noted on the Warranty confirmation as being covered and
which are located on the Covered Property and in normal operating
condition on the first date of the term of this Warranty.
term
The term of this Warranty for
covered appliances and systems for Seller shall commence upon
Warranty confirmation number being issued by Company and remain in
effect for the initial listing period (but no longer than 180 days).
The term of this Warranty for covered appliances and systems for
Buyer shall be 12 months from closing date, which will commence upon
full payment therefore being received by Company and Company
accepting the payment and issuing this Warranty. Company reserves
the right to inspect the Covered Property and all covered appliances
and systems before issuing this Warranty.
service
Company guarantees a response
time of 24 hours on emergency service†, 24 hours daily, and 7 days
weekly, including holidays, with FAST,
PRIORITY service on all routine service requests. For
non-emergency service requests it is the Covered Person's
responsibility to provide access to the Covered Property for repairs
during normal business hours.
service call fees
For mechanical systems Seller -
(during listing) $95.00 (or actual charges, whichever is less) fee
for each occurrence, Buyer - (after payment of Warranty is received
in full) $60 fee for each occurrence. Service fee(s) shall be
charged for each occurrence, for items repaired or replaced under
the same home mechanical system. Service calls for different trades
cannot be combined into one call. Repairs performed under this
Warranty will be warranted for 30 days on parts and labor. Service
fees are in addition to Warranty Fees.
items covered
(listed
on Warranty confirmation, some items listed as options for Buyer
only)
Sewer blockages within the property
lines; all drain cleaning; water heater-first system* (standard
residential 50 gallon max); toilet mechanisms; toilet seats;
dripping and broken faucets; all listed plumbing fixtures; hot water
dispensers; washing machine hook-ups; concealed and underground
leaks in pipes (all pipes must be within property lines); whirlpools
(motor and pump assembly); gas or electric furnace-up to two (2)*;
electric central air conditioning-up to two (2)*; heat pumps-up to
two (2)*; boiler controls (thermostat, flue damper, transformer,
thermocouple, pilot, pilot safeties, sight glass, gas valve,
electronic ignitor, coupler); humidifier (excludes maintenance);
built-in appliances-first system* (range, range hood, dishwasher,
trash compactor, microwave); home electrical systems. Optional
coverage (for Buyer only when listed on Warranty confirmation and
additional agreement fees have been paid in full) Septic tank
(distribution box, inlet & outlet Tee's and necessary pumping only);
swimming pool/spa, hot tub (pump and motor only); water softener
(excludes maintenance); sewage ejector; lawn sprinkler system;
tankless water heater; battery back-up sump pump; zone controls;
electronic air cleaner; media filters; ultra-violet germicidal light
(includes 1 bulb per year); clothes washer; clothes dryer;
refrigerator.
*Additional
fees are applicable and coverage is required for additional HVAC
systems, additional water heaters, and additional appliances.
items not covered hereunder include (but not
limited to) the following:
(Buyer/Seller)
Cosmetic defects; appliance failure resulting from rust or
corrosion; poor water pressure or rust in water where original
galvanized piping is still in place; color or purity of hot & cold
water systems; water recirculating systems; grouting, caulking,
cracked or broken ceramic, fiberglass, simulated marble, granite,
tubs, sinks, tile, walls, floors, subflooring and any fixture;
foundation and building structure; window air conditioning units;
oil furnaces and geothermal systems; gas air conditioning systems;
solar water heating and components; power vented water heaters;
electric garage door openers; built-in or sub-zero refrigerators;
lighting fixtures; exhaust fans; cracked or broken sewer lines;
intercom systems; fire, smoke & security alarm systems; batteries;
computerized/electronic management systems for energy, lighting
system, security or appliances; and doorbell when part of an
intercom system. Items damaged by abuse, negligence or improper use,
hazardous or toxic materials; mold and/or fungus; chemicals;
asbestos; duct cleaning; missing parts; detachable accessories for
any covered item. Mechanical system failures due to local code
violations, pre-existing conditions and concealed or camouflaged
damage. Damage resulting from alterations or additions made to
property or grounds and damage to any item as a result of fire,
flood, smoke, lightning, freeze, earthquake or settling of
foundation, theft, storms, accidents, war, riots, vandalism,
improper installation, acts of God, power failure or surge, pest/pet
damage, neglect (including coil and blower cleaning) or misuse.
Septic tank drain field lines and pumps within the septic tank.
Boiler sections, piping, radiators, pumps and gauges. Treatment for
wood infestation insects. Pool/Spa items not covered with optional
coverage: heaters, structural defects, liners, lighting systems,
cleaning equipment, any removable item, underground electrical,
plumbing and gas lines.
limitations
This Warranty applies only to a single family residence. This
Warranty does not cover mobile homes. This Warranty covers only
matters of which the Company is advised during the term of the
applicable Warranty, and does not cover conditions which existed
prior to the issuance of this Warranty. Company is not responsible
for matching color or brand. Replacement is based on builders
standard makes and models. Company will not reimburse other vendors
for service performed without prior approval. Company will not be
liable for consequential damages to property or personal injury
resulting from the failure of any component, system or appliance or
from Company's delay or failure to provide service due to conditions
beyond Company's control such as, but not limited to, unavailability
of materials or labor difficulties. Company is not responsible for
code violations or design limitations in systems or appliances.
Company will upgrade to code at Covered Person's expense, but such
upgrades are not covered by this Warranty. Company will not be
responsible for replacing combination appliances when failure of one
component does not affect operation of the remaining appliances
within the unit. If any system otherwise covered is rendered
inoperable due to non-availability of one or more of its parts, the
Company shall not be responsible for replacement of the entire
non-operating system or appliance. Company shall only be required to
make a reasonable allowance based on the value of comparable parts.
However, in the event a cooling system is rendered inoperable due to
failure of parts which are no longer available, Company will replace
defective parts with comparable parts or equipment to return the
system to operating condition. It is the Covered Person's
responsibility to provide access required to make repairs. The
expense incurred to gain access, or the expense of repair of damage
necessary in order to gain access such as, but not limited to
landscaping, sheetrock, flooring, carpet, ceramic tile, bath or
shower enclosures and paving and damage to finished areas such as
paint, wallpaper and cosmetic damage resulting from any repair made
under this Warranty shall be the responsibility of the Covered
Person.
limits of liability
The express warranties and agreements set forth in this Warranty
are the only obligations of the Company to the Covered Persons under
the Warranty. All other agreements, undertakings and warranties by
the Company, including but not limited to warranties of
merchantability of fitness for a particular purpose are expressly
excluded. This Warranty does not create, establish or confirm any
obligation of Company to any person not designated as a Covered
Person hereby. The maximum liability of the Company under this
Agreement shall be $2000.00 per occurrence for Buyer, $500 per
occurrence for Seller under the listing plan and a $500 maximum
coverage for the life of the contract on blue polybutylene pipe.
Under no circumstances shall the company be liable for actual,
incidental, or consequential damages arising out of its performance
or claimed nonperformance under this Agreement, including but not
limited to, liability for damage to property, personal injury or
death. In no event will Company be responsible for any loss, damage,
illness or injury resulting from condensation leaks or frozen pipes
or drains. Notice to Kansas residents - any disclaimers or
exclusions of the warranties of merchantability or warranties of
fitness for a particular purpose may be void under Kansas law.
Notwithstanding any such disclaimers or exclusions other remedies
may be available to the consumer under Kansas law.
renewal and transfer
At Company's sole discretion and option, this Warranty may be
renewed for additional one year periods upon payment to the Company
of the Company's then effective renewal charge for the renewal
Warranty requested. This Warranty may be assigned during its term to
a subsequent purchaser of the Covered Property (a "Transferee
Covered Person"), but after such assignment this Warranty will only
cover systems and appliances which are transferred to the Transferee
Covered Person as part of the sale. For an assignment of this
Warranty to be effective, the Transferee Covered Person must, within
30 days of the closing of the sale of the Covered Property, notify
the Company in writing of the sale and of the name and address of
the Transferee Covered Person. Company reserves the right to inspect
the Covered Property and all covered appliances and systems before
renewing or transferring Warranty.
performance guarantee
This is not a contract of insurance.
termination and
cancellation
This Warranty cannot be cancelled by Company except: 1) for
owner's failure to pay service call fees to Company's
Representative; 2) in the event of fraud or material
misrepresentation by homeowner of any fact or circumstances relating
to appliances, electrical or mechanical systems; 3) in the event the
Covered Property is determined to be unsafe and the conditions are
not corrected within 30 days of notification in writing by Company.
entire warranty
This Warranty and the Warranty confirmation
constitutes the entire Warranty between the parties. No oral
representation applies. This Warranty is not effective for Buyer
until payment is received in full. The named Real Estate firm, in
addition to representing the Seller/Buyer, has a business
relationship with the Company to the extent that it serves as an
agent for Company in the marketing and sale of this home service
warranty. The Warranty Fee paid at closing includes the full amount
of fees due and payable to Company for Warranty administration and
service, as well as reimbursement of expenses and payment for
services provided by the Real Estate firm. Any reimbursement of
expenses and payment is based on a good faith estimate of expenses
incurred and services rendered in promoting, selling, processing and
advertising the Warranty for the Company. Purchase of the Warranty
is not a condition for the purchase of the subject property.
†An emergency is defined as the failure of a covered item which
may cause personal injury or substantial damage to property if not
repaired within 24 hours of notification. |