We, Us and Our
We, Us and Our means (i) Home Service USA Repair Management Corporation, 1506 Klondike Road, Suite 105, Conyers, GA 30004 (“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 issued 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
You and Your means the Service Agreement Holder listed on the Declaration Page.
Plan means Water Service Line Coverage.
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 the section titled “WHAT THIS AGREEMENT DOES NOT COVER.”
Enrollment Date means the date Your payment was received by Us.
Effective Date is the date You become eligible for Covered Repairs. Your Effective Date is 30 days after Your Enrollment Date.
Party or Parties shall mean either Us or You, the person that has entered into this Service Agreement (together referred to as the “Parties”).
Service Agreement means this Terms & Conditions document and the Declaration Page.
Term means the period listed under ‘Service Agreement Term’ on the Declaration Page. This Service Agreement continues for the Term and will continue to renew for like Terms unless cancelled within 30 days of the end of the Term of your current Service Agreement or cancelled as provided in this Service Agreement. However, in the first year of coverage you may not make a Service Call within 30 days of the effective date listed on the Declaration Page. In order for your Service Agreement to remain in effect, You must continue to make full payment for Your Service Agreement in accordance with the schedule listed under ‘Payment Details’ on the Declaration Page.
Reinstatement means back-filling of any necessary outside excavation to leave the ground level.
Emergency Breakdown means the sudden failure to the External Water Services due to defects in workmanship and or materials, breakdowns due to normal wear and tear, or breakdowns arising in the course of ordinary functioning and usage, which immediately:
a) Exposes You to a risk to Your health.
b) Creates a risk of or damage to Your property or any of Your belongings normally contained within the property; or
c) Makes Your home uninhabitable.
Service call(s) means repair or replacement or unblocking work performed by a licensed plumber or licensed service provider to diagnose and eliminate a single covered Emergency Breakdown.
Provider means the party (Us) obligated to perform under the terms of this Service Agreement.
Service Agreement Fee: The amount you paid for this Service Agreement.
AMT Warranty Corp. is the Service Agreement 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 Service Agreement. 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 Service 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 Service Agreement 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 Service Agreement, and Home Service will act on behalf of AMT Warranty Corp in providing these services to You. Obligations under this Service Agreement are issued and supported by contractual liability insurance procured by AMT, as detailed in the applicable state disclosures attached to this Service Agreement. All other Terms and conditions of this Service Agreement are subject to, and modified by, the allocation of responsibilities set forth in this paragraph, unless otherwise indicated for residents of Your state as detailed in the applicable state disclosures attached to this Service Agreement.
This Service Agreement is only valid after Our acceptance of the application and receipt of payment.
This Service Agreement continues for one (1) year from the Effective Date listed on the Declaration Page. However, in the first year of coverage you may not make a Service call within the 30 days of the Effective Date listed on the Declaration Page. Payment is due the same time You sign up and must be received by Us for Your Service Agreement to be effective.
This Service Agreement will only cover systems for which You have responsibility. We do not cover any repairs for systems that landlords, utilities or other entities are responsible for repairing.
During the Service Agreement coverage Term, We agree, in the event of a covered Emergency Breakdown, to arrange and pay for a licensed plumber or licensed service provider to provide a Service call to the following:
External Water Services
If You have an Emergency Breakdown to Your external water service line from the boundary of Your property to the point of entry into the building within Your property for which You have responsibility, You should call the Emergency Service Hotline and We will:
• Arrange for a licensed plumber or licensed service provider to provide a diagnosis of the problem.
• Pay for covered Emergency Breakdown. (Subject to limits of liability)
• During the Service Agreement coverage Term, We agree, in the event of a covered Emergency
• Breakdown, under normal circumstances, that we will initiate the performance of services within 48 hours after the Service Agreement holder requests the services.
Covered Emergency Breakdown includes but is not limited to:
1. Locate, excavate and repair service line leak
2. Replace section of service line
We will not pay for any Services performed without Our prior approval. Notice of any Emergency Breakdown must be given to Us upon discovery and during the coverage Term.
In the event of an Emergency Breakdown under this Service Agreement, You must:
a) Call the 24 hour Emergency Service Hotline immediately at 1-877-444-7737.
b) Cooperate and assist Us in any matter concerning a covered Emergency Breakdown.
c) Provide the licensed plumber or licensed service provider with access to Your property.
d) You must take every reasonable precaution to protect the property until the necessary repair or replacement or unblocking is authorized by Us and the work is completed.
You will not have to complete any claim forms. You will need to sign a form to confirm that repairs have been completed. We will make payment directly to the licensed plumber or licensed service provider after the work is completed. In some cases, it may be necessary for You to pay for the Service call, in which case, We will reimburse You when We receive Your paid invoice(s) and process Your payment.
We are not responsible for any of the following:
A) THAWING OF TEMPORARILY FROZEN PIPES, WHICH HAVE NOT RESULTED IN AN EMERGENCY BREAKDOWN;
B) EMERGENCY BREAKDOWN ARISING FROM THE DISCONNECTION FROM OR INTERRUPTION TO THE MAIN WATER SUPPLY;
C) ANY EMERGENCY BREAKDOWN WHICH EXISTED PRIOR TO, OR WAS CAUSED BY A CONDITION WHICH EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT;
D) EMERGENCY BREAKDOWN CAUSED BY FAULTY CONSTRUCTION, IMPROPER MAINTENANCE OR A LACK OF MAINTENANCE;
E) EMERGENCY BREAKDOWN ARISING FROM A CONTROLLABLE LEAK WHERE YOU COULD HAVE CONTAINED OR SHUT-OFF THE LEAK YOURSELF;
F) SWIMMING POOLS OR DECORATIVE FEATURES (SUCH AS PONDS, FOUNTAINS AND ANY ASSOCIATED EQUIPMENT), SPA, SPRINKLER AND FIRE LINE SYSTEMS;
G) REPAIR OR REPLACEMENT OR UNBLOCKING OF COVERED PARTS, EQUIPMENT AND/OR SYSTEMS DUE TO THE GRADUAL REDUCTION IN PERFORMANCE CAUSED BY NORMAL WEAR AND TEAR WHERE AN EMERGENCY BREAKDOWN HAS NOT OCCURRED;
H) EMERGENCY BREAKDOWN TO PROPERTY HAVING REMAINED UNOCCUPIED FOR MORE THAN 30 CONSECUTIVE DAYS;
I) REPAIRS OR REPLACEMENT WHEN PARTS ARE OBSOLETE;
J) COSTS TO CORRECT OR UPGRADE ANY PART, EQUIPMENT AND/OR SYSTEM IN ORDER TO COMPLY WITH ANY FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, ORDINANCE OR UTILITY REGULATIONS;
K) COSTS ASSOCIATED WITH TREATMENT, REMOVAL, RECOVERY, OR DISPOSAL OF HAZARDOUS MATERIAL;
L) REPAIR OR REPLACEMENTS OR UNBLOCKING WITHOUT OUR PRIOR AUTHORIZATION;
M) REPAIR OR REPLACEMENTS OR UNBLOCKING ARISING FROM MANUFACTURER’S RECALLS, DEFECTS OR CLASS ACTION SUITS;
N) COST OF CLOSING WALLS, FLOORS OR CEILINGS;
O) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
P) INJURY, ILLNESS, DAMAGE, INCONVENIENCE OR LOSS OF USAGE CAUSED BY DELAYS, NON-AVAILABILITY OF PARTS, LABOR DIFFICULTIES OR OTHER CONDITIONS BEYOND OUR CONTROL;
Q) ANY AND ALL COSTS ASSOCIATED WITH A REPAIR VISIT, IF IT IS DETERMINED THAT COVERAGE UNDER THIS SERVICE AGREEMENT DOES NOT APPLY, OR NO COVERED EMERGENCY BREAKDOWN IS DISCOVERED;
R) COST ASSOCIATED IN OBTAINING PERMITS;
S) COST ASSOCIATED WITH REINSTATEMENT OF HARD OR SOFT LANDSCAPING (INCLUDING BUT NOT LIMITED TO: DRIVEWAYS, PATHWAYS, WALLS, PATIOS, DECKS, FLOWERBEDS, TREES AND LAWNS);
T) COVERAGE ON MOBILE HOMES, RECREATIONAL VEHICLES, MULTIPLE-UNIT DWELLINGS, COMMERCIAL BUILDINGS, OR ANY RESIDENTIAL HOME OVER 5,001 SQ. FT.;
U) EMERGENCY BREAKDOWN CAUSED BY OR RESULTING FROM: INSECT, VERMIN, PETS, MISUSE, ABUSE, NEGLIGENCE, VANDALISM, THEFT, WAR, RIOT, MILITARY UNREST, NUCLEAR ACCIDENT, FLOODING, WATER FLUCTUATIONS, FIRE, HAIL, WIND, LIGHTNING, EARTHQUAKES, EARTH MOVEMENT, LANDSLIDE, SAND, CHEMICALS;
V) CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL SUCH AS EXTREME WEATHER CONDITIONS, POWER AND/OR SYSTEM FAILURE, INDUSTRIAL ACTION OR STATE OR FEDERAL AUTHORITIES EMERGENCY DIRECTIVES, DELAYS IN OBTAINING OR ISSUING PERMITS.
Our obligations for a covered Emergency Breakdown are limited to:
a) Two Service calls per coverage Term.
b) A maximum of $3,500 for any one Service call.
If You cancel this Service Agreement within 30 days of the effective date We will refund Your payment in full. You may cancel this Service Agreement after 30 days from the effective date by providing written notice. You will be entitled to a pro-rata refund less any claims paid. Any refund not paid to You within 30 days is subject to a 10% monthly penalty.
This Service Agreement shall be non-cancelable by Us, except for:
a) Nonpayment of Service Agreement fees;
b) Fraud or misrepresentation of facts material to the issuance of this Service Agreement.
If We cancel, You will be notified in writing five days prior to cancellation. You will be entitled to a pro-rata refund of fees paid provided no Service Call has been made.
b. CUSTOMER SERVICE:
We strive to provide You with the highest standards of service. If You feel that Our service has not met Your expectations or You have a question, please contact Us at:
5301 Blue Lagoon Drive, Suite 400, Miami, FL 33126, or call 1-877-444-7730.
c. PAST DUE AMOUNT(S):
If You fail to make full payment on Your payment due date Your Service Agreement coverage will immediately be suspended until the full past due amount is paid.
d. WAITING PERIOD:
You have 30 days from the date You sign-up before You can make a Service call. During that period if You decide You do not want the Service Agreement You can notify Us and We will provide a full refund of fees paid.
e. PERMANENT REPAIRS:
All permanent repairs will have a minimum of one year repairer’s guarantee.
Your rights and duties under this Service Agreement are transferable to a subsequent purchaser of your property only and must be completed within 30 days from the date of sale to the subsequent owner. All transfers are for the balance of the remaining Term and are subject to any outstanding Service Agreement fees and the new owner registering into the program.
g. OVERLAPPING COVERAGE:
If You find You have another Service Agreement or insurance policy which provides similar benefits, You can notify Us immediately. We will refund Your Service Agreement fee as long as no Service call has been provided. You may be required to provide a copy of the Agreement/policy showing similar coverage.
h. RIGHTS OF RECOVERY:
If We pay for an Emergency Breakdown, We may require You to assign Us Your rights of recovery against others. We will not pay for an Emergency Breakdown if You impair these rights to recover. Your right to recover may not be waived.
i. REPAIR, REPLACEMENT AND/OR UNBLOCKING:
At Our discretion a covered Emergency Breakdown may be remedied by repair, replacement and/or unblocking.
j. SECOND OPINION:
We reserve the right to obtain a second opinion paid for by Us by a licensed repairer of Our choosing on any repair or replacement diagnosis.
k. FRAUD AND/OR MISREPRESENTATION:
Misrepresentation or any attempt to defraud Us, including collusion between You and plumber or service provider, shall result in cancellation of coverage, and We shall seek reimbursement and may pursue remedies under applicable law.
Customer information collected during the purchase and administration of this Service Agreement is not disclosed to other companies for the purposes of marketing other products and services. Such information may be disclosed to other companies (such as the repair technician) in order to provide services under this Service Agreement. Should you have any questions about our policy please contact us on 1-877-444-7730.
Telephone calls may be recorded/and or monitored.
m. DISPUTE RESOLUTION
Any controversy or claim relating to this Service Agreement (whether contract, tort, or both), or the breach of this Service Agreement shall be settled by individual arbitration administered by the American Arbitration Association (“AAA”) under its commercial arbitration rules. Class action arbitration is prohibited. Arbitration hearings shall take place 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 Service 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.
THIS PLAN IS NOT AN INSURANCE CONTRACT, AND IS NOT TRANSFERABLE BY YOU. THIS PLAN PROVIDES REPAIR OR REPLACEMENT SERVICE (PURSUANT TO THE TERMS AND CONDITIONS OF THIS PLAN) FOR COVERED REPAIRS REQUIRED DUE TO NORMAL WEAR AND TEAR INCLUDING INHERENT DEFECTS IN MATERIAL. WE SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT ARISE FROM (1) ANY DEFECTS IN MATERIALS USED TO MAINTAIN COVERED REPAIRS; OR (2) DEFECTS IN WORKMANSHIP PROVIDED UNDER THE PLAN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE OFFERED WITH THIS PLAN. OUR LIABILITY FOR DEFECTIVE MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE MATERIAL AND/OR A CORRECTIVE SERVICE VISIT. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ANY OTHER EXPENSES, LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF YOUR PLAN OR ANY SERVICE COVERED UNDER THE PLAN OR THE USE OR INABILITY TO USE THE SERVICE TO WHICH THE PLAN APPLIES.
The following state variations shall apply if inconsistent with any other terms and conditions of this Service Agreement.
Texas – NOTICE: YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES – CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS SERVICE AGREEMENT.
FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL’S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY OR THE ATTORNEY OF YOUR CHOICE.
This Service Agreement is issued by AMT Warranty Corp. pursuant to a license issued to it by the Texas Real Estate Commission. Any complaints may be filed with the Commission at: Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, telephone 512-465-3917.
The provider’s obligations under this plan are supported by a contractual liability insurance policy. Upon failure of the provider to perform under the Service Agreement, the insurer which issued the policy shall pay on behalf of the provider any sums the provider is legally obligated to pay and shall provide the service which the provider is legally obligated to perform according to the provider’s contractual obligations under the Service Agreements issued or sold by the provider. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the provider, the claim can be submitted to Wesco Insurance Company, 59 Maiden Lane, 6th Floor, New York, NY 10038.