TERMS AND CONDITIONS OF COVERAGE
This Extended Home Protection Warranty (the "Agreement") is between UNIRISC ("we" or "us" or "our") and the buyer (referred to as “you” or “your”) of the home specified in the application. This Agreement helps pay for the costs of the repair or replacement of covered eligible home systems which have a mechanical break down due to normal wear and tear during the contract term, provided the breakdown was properly reported to our Service Department and any work specifically approved by our Service Department for payment. . The maximum payment for the total of all covered repairs or replacement during the Agreement term is limited to $10,000, subject to the sub-limits for each covered item. Limits include all applicable taxes. UNIRISC has the sole right to determine whether a covered eligible home system or appliance will be repaired, replaced or allowance offered.
Our obligations to the Buyer:Subject to the terms and conditions of this Agreement and Application, we will pay the amount approved by us for the repair or replacement to operating condition of the covered eligible home systems, less applicable deductibles.
General obligations:Repairs or replacements will be made with parts and materials of similar quality and kind to the covered eligible home systems. Our Service Department must approve all repair or replacement work before the work is begun.. Your Obligation: You have a responsibility to ensure that any pre-existing deficiency prior to the Agreement being in force is repaired to proper operating condition in order for the item to be covered.
To make a request for service:When a covered eligible home system breaks down, you must call our Service Department to report the breakdown before having any work done. We will verify your Agreement is in effect, and will advise the contractor or authorize you to contact a contractor. We will not be responsible for any work done without prior notification and our prior authorization. You are not authorized to make any commitments or obligations on our behalf to the service contractor or any other person. Any costs or charges not specifically authorized by us will be solely your responsibility. Our Service Department hours are from 8:30 AM to 5:00 PM, Eastern Time, Monday through Friday. Emergency service calls are monitored 24 hours a day. Except for emergencies, service work will be scheduled during normal working hours. The Agreement does not provide service work if you contact us after the Agreement has expired or has been canceled, even if the breakdown occurred during the contract term.
Deductibles:The repair costs including service charges covered under this Agreement are subject to a deductible, as indicated, for each breakdown on each covered eligible home system. Home Systems are subject to a $50 deductable per service call and structural repairs carry a $100 deductable per service term.
1. Contract Term: The coverage for the home buyer begins 30 days from the date WE accept your application and continues for 1-year from acceptance date.
2. Eligible Home systems:
a) Central Heating System: Covers gas, oil or electric units. Space or area type heating units are covered only where there is no central heating system. Heating systems, or components and accessories thereto shall be limited to a maximum coverage of $500.00 per contract term. Excludes pipes or vents below or encased in concrete. Excludes heat exchangers, combination heating systems, electric air cleaners, humidifiers and solar heating systems and their components, and fuel storage tanks. There is a maximum 500.00 limit on repairs to central heating systems.
b) Air Conditioning System: Includes electric forced-air, central air conditioning or evaporative cooler systems and wall units, but excluding registers and grills, condenser casings, filters and water towers. Excludes air conditioning units rated over 5 tons (60,000 BTU’s) capacity. Excludes package heating and air conditioning units and window units. Air-conditioning systems are limited to a total of $500.00 per contract term.
c) Interior Plumbing System: Covers interior water pipes, waste pipes, and sewer stoppages which can be cleared with not more than 100 feet of sewer machine cable from inside the home and permanently installed sump pumps. Excludes plumbing fixtures, leaking faucets, pipes outside the home, septic tanks and systems, ejector pumps, circulator pumps, water tanks, drain tile, pressure tanks, sewer and water laterals, connections and lawn sprinkling systems, Plumbing lines, pipes or equipment below or encased in concrete are excluded. There is a maximum of $500.00 allowed towards plumbing repairs per contract term.
d) Interior Electrical System: Covers interior wiring, fuse or breaker panels, switches and receptacles. Excludes lighting and electrical fixtures, power vents, bathroom heaters and fans, telephones, low voltage wiring, and problems caused by overload situations or code violations. There is a maximum of $500.00 allowed towards electrical repairs per contract term. We will not repair any electrical system that is not up to code.
e) Water Heater: Covers standard, gas or electric units. Excludes tankless and solar water heaters and their components. Water heater repairs are limited to $500.00 per Agreement term.
f) Roof Water Penetration Repairs: includes repair up to a maximum liability of $1500.00. Roof replacement is not covered.Excludes pre-existing leaks, gutters and drains, roof mounted installations or leaks in any deck or balcony. Also excluded are acts of God such as fire, tornado, hurricane, earthquake and lightning, mold and mildewor losses that may be covered under a home owners insurance policy..
g) Foundation Water Penetration Repairs: includes repair of leaks up to a maximum liability of $1,500. Excludes foundation cracks that do not leak, acts of god such as fire, tornado, hurricane, earthquakes, floods and lighting or mold and mildew remediation.
h) Siding Defect Repairs: includes repair up to a maximum liability of $1,000. Excludes fading, discoloration, minor warping / movement, acts of god such as fire, tornado, hurricane, earthquakes, floods, wind loads over 80Km per hour and lighting or losses covered under a homeowners policy..
i) Structural Coverage: A structural defect under this policy is defined as:
1. Any defect in work or materials that results in the significant failure of a load bearing part of the home’s structure or that adversely affects its load bearing function;
2. Any defect in work or materials that materially and adversely affects the use of the building as a home; 3. The Policy includes significant damage due to major cracks in basement walls, collapse or serious distortion of joints or roof structure that occur during the Policy period.
Covered: Exterior foundation consisting of concrete and concrete block foundations only. Floor joints, major load bearing components, exposed pilings and piers, exterior wall sheathing, exterior wall siding. There is a combined sub-limit of $2500 for covered foundation/Siding claims per contract year.
Not Covered: Minor concrete cracking, bowing (deflection) or scaling, stucco finishes, deterioration, removal or replacement of concrete to repair components such as pipes, wiring etc. Non load bearing partitions and walls, wall paper, tiles, plaster, lath or drywall, brick, stone or veneer or any type of exterior siding. Damage caused by water infiltration, or arising from dampness, condensation, mold and mildew. Any damage due to soil movement, earthquakes or floods. Normal shrinkage or cracks in floors or plaster, drywall, paint, tiles and other wall covering caused by drying after construction. Damage resulting from improper maintenance or alterations done by the home owner or their contractors. Secondary or consequential damage caused by the repair of a covered loss. Normal wear and tear such as scuffs and scratches to floors and wall surfaces.
3. Additional exclusions: This Agreement will not provide service for:
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Any home system or equipment which breaks down due to improper maintenance.
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Flashing, eaves, down spouts, walls, doors, ceilings, windows, slabs.
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Any home system or equipment, pipe or system containing or covered by asbestos.
f) (Water seepage due to outside flow, including)backup through sewers or drains or any equipment or system below or encased in concrete.
g) Any utility lines, sewer or piping outside the home, including: power lines, underground wiring, water lines, or natural gas lines to the residence. Pressure regulators inside or outside the home, collapse of piping, damage caused by roots, sewer stoppages which cannot be cleared with up to 100 feet of sewer machine cable from inside the home.
h) Adaptive, consequential or connective items which have not failed but may be replaced when installing a failed item.
i) Any light bulbs, filters, pulleys, belts, freon, lubricants or other cleaning or general maintenance type items or charges.
j) Lack of adequacy, efficiency or capacity of any system: due to low water volume or pressure; undersized equipment; improper installation; mineral or dirt build-up in lines or tanks of A/C cooling/condenser coils. Also excludes impurity or discoloration of water and low water volume or pressure due to mineral build-up.
k) Heating and/or cooling units used for any building other than the actual resident structure; such as a garage, porch, carport or shed.
4. Other limitations of our obligations:The Agreement does not cover primary or secondary repairs or consequential losses caused by home system failure, delays, negligence or improper provision of services and it does not cover primary or secondary repairs or replacements made necessary by repair or replacement work. Additional work could be required, for example, to gain access to the home system. You are responsible for the cost of gaining access to the home system and for closing and restoring the access route. We are not liable for delays in obtaining parts for any covered home system. When an equipment manufacturer is out of business, or no longer makes particular parts, or parts are otherwise unavailable, you will be allowed the estimated cost of the part toward the repair costs. We are not responsible for repair, replacement, upgrades or corrections required by provincial or federal laws, local by-laws or ordinances, building codes or requirements for qualification for government insured mortgages or loans, or any expenses related to asbestos materials, toxic chemicals, radon, dioxin, cost of proper disposal of freon, equipment or other materials, etc.
5. The Agreement does not cover the cost of repair or service of any covered eligible home system which fails or malfunctions under the following circumstances:
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Any covered eligible home system which has been altered or improperly installed, maintained, or serviced.
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The garbage disposal or drains are clogged by unsuitable foreign matter.
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Malfunction or improper operation due to rust or corrosion of any covered eligible home equipment.
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Acts of God, outside perils, wind, rain, freezing, lightning, mischief, misuses, vandalism, secondary or consequential damages, accidents and occurrences outside normal use and service, or breakdown which typically may be covered by extended coverage homeowner's insurance.
6. Cancellation:This Agreement shall be non-cancelable, except WE may cancel this Agreement automatically without further action on our part and we shall have no further obligations to you if you refuse or fail to pay the charges called for in this Agreement within 30 days of their being due and payable. We may also cancel this Agreement in the case of fraud or misrepresentation of facts material to the issuance of this Agreement or the payment of a claim.
8. Waiver:By waiving any term or condition under this Agreement, we do not make it a continuing waiver, nor a waiver of any other term or condition.
9. Further limitations of our liability:We make no express or implied warranties of any nature including but not limited to, the implied warranty of merchantability. No agent, broker or other person is authorized to make any warranties or representations or assume any liability on our behalf. We assume no liabilities other than those specified in this Agreement.
10.Application:The Application forms part of this Agreement.
11.Neither this Agreement nor any of the Buyers rights or obligations under this Agreement may be assigned.
Trisura Guarantee Insurance Company, 333 Bay Street, Suite 1610, Toronto, ON M5H 2R2 has issued a service policy to UNIRISC under which UNIRISC’s obligations as specifically set out in the Lux Residential Warrany Program, Inc. Terms and Conditions have been underwritten by Trisura Guarantee Insurance Company. Neither Trisura Guarantee nor any of its affiliates shall be liable to any person other than as set forth in such Agreement.
CHARGES NOT SPECIFICALLY AUTHORIZED BY OUR SERVICE DEPARTMENT WILL BE YOUR RESPONSIBILITY. Home Inspection personal, contractors or real estate agents do not deal with requests for service, are not in the employ of Trisura Guarantee Insurance Company and assume no personal liability under the Agreement.
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