WE'VE GOT YOU COVERED. VI. LIMITATIONS AND EXCLUSIONS (continued) failure to detect or contamination as a result of its failure to detect any asbestos, radon gas, mold or other hazardous products or materials. To protect against the potential hazards of lead-based paint, the U.S. Environmental Protection Agency (EPA) has implemented certain renovation requirements that may apply if a contractor disrupts certain painted surfaces. If the Services require the Authorized Repair Technician to cut into Your walls in order to access pipes and plumbing, the Authorized Repair Technician will be required to comply with EPA regulations, which may require an extension of time to complete the work. I. HWA is not responsible for consequential or secondary damage. This includes, but is not limited to, repair of conditions caused by chemical or sedimentary buildup, insect infestation, mold, mildew, or bacterial manifestations, misuse or abuse, failure to clean or maintain as specified by the equipment manufacturer, missing parts, structural changes, fire, freezing, electrical failure or surge, water damage, theft, intentional acts, riot, lightening, mud, earthquake, soil movement or soil settlement, storms, accidents, pest damage, Force Majeure Events (as defined below), failure due to excessive water pressure or any other perils is not considered loss or damage due to normal wear and tear. J. HWA IS NOT LIABLE FOR INDIRECT, CONSEQUENTIAL OR ECONOMIC DAMAGES FOR LOSS OR DAMAGES TO ANY PERSON OR PROPERTY ARISING FROM THE LOSS OF USE OR THE INABILITY TO USE THE EQUIPMENT TO THE EXTENT SUCH MAY BE DISCLAIMED BY LAW, AND YOU EXPRESSLY WAIVE THE RIGHT TO ALL SUCH DAMAGES. K. HWA has the sole right to determine whether any Covered Systems and Components will be repaired or replaced. Parts and replacements will be of similar or equivalent quality and efficiency to those being replaced subject to all other provisions, limitations and exclusions in this Contract. Where replacement equipment of identical dimensions is not readily available, HWA is responsible for providing installation of similar quality equipment, but not for the cost of construction or carpentry made necessary by different dimensions. HWA is not responsible for upgrade or matching color or brand. During the Listing Period, and for the first 30 days of the Homeowner’s Coverage Period, HWA is not liable for replacement of entire systems or appliances due to obsolete, discontinued or unavailability of one or more integral parts. However, HWA will provide reimbursement for the costs of those parts determined by reasonable allowance for the fair value of similar parts. L. HWA is not liable for repairs related to adequacy or capacity of Covered Systems and Components in the Covered Property; improper installation, design or previous repair of Covered Systems and Components; problems or failures caused by a manufacturer’s defect. Unless the optional coverage for such is purchased, HWA is not liable for repairs related to costs of construction, carpentry, or other incidental costs associated with the alterations, modifications, or upgrades of all Covered Systems and Components or installation of different equipment and/or systems. Also, unless the optional coverage for such is purchased, HWA is not responsible for providing upgrades, components, parts or equipment required due to the incompatibility of the existing equipment with the replacement system, appliance or component/part, including, but not limited to, SEER standard, R-410A and/or 7.7 HSPF or higher compliant as well as any other efficiency mandated by federal, state, or local governments. M. HWA is not liable for the repair or replacement of commercial grade equipment, systems or appliances. HWA shall pay no more than $1,500 ($2,500 when OrangePlus option is purchased) per covered appliance during the Coverage Period for professional series or similar appliances, including, but not limited to, brand VII. MISCELLANEOUS PROVISIONS A. DISPUTE RESOLUTION; VENUE; WAIVER OF JURY TRIAL; GOVERNING LAW; FAILURE TO ENFORCE NOT WAIVER; FORCE MAJEURE 1. It is the intent of both parties to resolve any disputes through negotiation between You and HWA. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Contract. Either party may initiate negotiations by providing written notice to the other party, setting forth the subject of the dispute and the relief requested. The parties will respond to any initial and subsequent requests in a timely and complete manner. 2. The parties further agree that in the event any dispute between them relating to this Contract is not otherwise resolved, exclusive jurisdiction shall be in the trial courts located within the jurisdiction in which the Covered Property is located, any objections as to jurisdiction or venue in such court being expressly waived. 3. BOTH PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATIONS, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF. names such as Sub Zero, Viking, Bosch, JENN-AIR, GE Monogram, Thermador, etc., subject to all other provisions, limitations and exclusions in this Contract. N. HWA reserves the right to require a second opinion, which HWA shall obtain at its own cost. O. HWA is not liable for normal or routine maintenance. You are responsible for performing normal and routine maintenance. For example, You are responsible for providing maintenance and cleaning pursuant to manufacturers’ specifications, such as periodic cleaning of heating and air conditioning systems, evaporator coils and condenser coils, as well as periodic filter replacement. HWA will not be responsible for repairs of systems or components arising from a manufacturer’s defect or recall or while still under manufacturer’s or distributor’s warranties. HWA’s responsibilities will be secondary to any other extended or in-home warranties that exist for the included systems, components and appliances. P. HWA is not responsible for removal and hauling away of old equipment or appliances, unless OrangePlus coverage has been purchased. Where available, you may choose to pay an additional fee by the Authorized Repair Technician for removal and/or disposal of an old system, component or appliance. Q. HWA reserves the right to offer cash back in lieu of repair or replacement in the amount of HWA’s actual cost, which may be less than retail, to repair or replace any Covered Systems and Components. R. During the Listing Period, HWA will not pay for the repair or replacement of any Covered Systems and Components if they are inoperable as a result of pre-existing conditions, deficiencies and/or defects. S. HWA will not be the Authorized Repair Technician and HWA will not perform the Services hereunder. HWA will only subcontract with Authorized Repair Technicians that meet HWA’s standards. You understand and agree that HWA: (i) is not liable for the negligence or the other conduct of the Authorized Repair Technician; (ii) is not an insurer of the Authorized Repair Technician’s performance. T. Homeowner understands and agrees Homeowner’s sole remedy under this Contract is recovery of the cost of the required repair or replacement, whichever is less. Homeowner understands and agrees that, in no event, will HWA’s liability exceed $5,000 per Covered System and Component or $15,000 in the aggregate during the Coverage Period. U. BUILDING AND ZONING CODE REQUIREMENTS OR VIOLATIONS 1. You understand and agree that HWA will not contract for: (i) services to meet current building or zoning code requirements or to correct for code violations (except when optional coverage is purchased and as set forth above); (ii) services when permits cannot be obtained. Further You understand and agree HWA will not pay for the cost to obtain permits (except when optional coverage for such is purchased and as set forth above). 2. When it is required to maintain compatibility with equipment manufactured to be SEER, R-410A and/or 7.7 HSPF or higher compliant, HWA is not responsible for upgrade or additional costs or expenses that may be required to meet current building or zoning code requirements or correct for code violations. This includes, but is not limited to, city, county, state, federal and utility regulations and upgrades required by law. V. Listing Coverage under this Contract is not available to an owner of investment and/or rental properties. FL9 2017 BRO
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