Service Agreement

This Service Agreement, hereinafter referred to as the “Agreement” or “service contract”, is issued by House Appliance Repair LLC an entity registered and operating pursuant to Pennsylvania state’s laws. Such entity is hereinafter referred to as “company”, “we”, “us”, and/or “our”, or “provider”. The owner of the property covered by this Agreement is hereinafter referred to as “you” and/or “your”, or “contract holder”. Company offers home service contracts, which are not warranties. Company reserves the right to revise this Agreement at any time and you are deemed to be apprised of and bound by any changes to this Agreement. 

Obligations of the provider under this service contract are backed by the full faith and credit of the provider.

Certain items and events are not covered by this Agreement. Please read the Agreement carefully. Coverage includes only certain mechanical failures of the specific items listed in this Agreement and excludes all other failures and/or items. 

I. BASIS FOR COVERAGE

A. During the term of this Agreement, we agree to pay the covered costs to repair or replace the items listed as covered in this Agreement if any such items become inoperable due to mechanical failure caused by normal wear and tear. During the Coverage, our responsibility is to send an independent contractor, hereinafter referred to as the “Service Contractor”, within the time frames specified in the Agreement. Determination of Coverage including the operational condition as of the Agreement effective date for any claim will be made solely by us, considering but not limited to, our Service Contractor’s diagnosis. This Agreement does not cover any known or unknown pre-existing conditions. 

B. This Agreement covers single-family homes, new construction homes, condominiums, townhomes, and manufactured homes used solely for residential purposes and eligible manufactured homes under 5,000 square feet. To be eligible, a manufactured home must (i) Have been constructed within (10) years of the effective date of the Agreement. (ii) Be permanently secured to the ground on land you own or located in a division operated similar to a condominium, where maintenance is provided. 

C. This Agreement will not cover systems or appliances within (a) commercial properties; (b) residential properties used for business purposes, including, but not limited to, dwellings used for rest homes, day care centers, schools and/or professional offices; (c) common areas of condominiums, multi-family houses and/or cooperatives; (d) vacant properties, and; (e) foreclosed/short sold properties. Coverage applies to the systems and components mentioned as “covered” in accordance with the terms and conditions of this Agreement so long as such systems and components:

D. Become inoperable due to normal wear and tear; and

E. Are in place and in proper working order on the effective date of this Agreement; and

F. Are located inside the confines of the main foundation of the home or attached or detached garage, with the exception of the air conditioner, exterior pool/spa, septic system, and well pump.

II. SERVICE REQUESTS

A. This agreement goes into effect 15 days after you purchase the plan.We must be notified as soon as the malfunction is discovered and prior to expiration of the Agreement. You can request service by calling 215-444-9988 or emailing info@houseappliancerepairs.com . We will not provide service until all past due Agreement and service fees are made current.

B. Upon request for service under normal circumstances, we will contact an authorized Service Contractor within 1 to 3 business days after you request service. The authorized Service Contractor will contact you to schedule a mutually convenient appointment during normal business hours. We will determine what repairs constitute an emergency and will make reasonable efforts to expedite emergency service. We will accept your request to expedite scheduling of non-emergency service only when a Service Contractor is available. If the Service Contractor agrees to expedite scheduling of a non-emergency service request, you may be required to pay an additional fee.

C. We have the sole and absolute right to select the Service Contractor to perform the service. We will not reimburse for services performed without prior approval.

D. In the event that we inform you the malfunction is not covered under this Agreement, you have the right to request a second opinion of the cause of the malfunction. You must request in writing for a second opinion from another Service Contractor within seven (7) days from us informing you the malfunction is not covered. In the event that the outcome of the second opinion is different than the first opinion, then we may, in our discretion, decide whether to accept Coverage under this Agreement. If you request a second opinion, you will be responsible for the payment of an additional Service Fee only if the outcome of the second opinion is the same as the initial opinion.

E. In the event we authorize in writing or request you in writing to contact an independent service contractor to perform a covered service, we will provide reimbursement for an authorized amount of the cost you incur for the repair or replacement services. Acceptable proof of the repair and your actual itemized costs must be provided to and approved by us in writing before any reimbursement will be paid. We will reimburse an independent service contractor that we approved in writing at our rates (and not the rates of the approved independent service contractor). We are not responsible for expenses you incur without our express written consent. We will not reimburse you for any costs associated with unauthorized repairs or work performed by unauthorized contractors.

F. If a particular repair or replacement fails within 30 days, we will send a Service Contractor to repair the failure and you will not be charged an additional Service Fee for a period of 30 days on parts and labor.

III. AGREEMENT FEE; SERVICE FEE

A. You are required to pay monthly or yearly premium depending on the plan you pick during the term of this Agreement and a fixed service fee of $89 plus tax for each appliance for every time you call us for service

IV. STANDARD RESIDENTIAL APPLIANCE COVERAGE

A. Coverage is dependent on the particular coverage you selected. Coverage is for no more than one (1) unit, system, or appliance, unless additional fees are paid or specified otherwise. If no additional fees are paid, covered unit, system, or appliance is at our sole discretion. Certain limitations of liability apply to covered systems and appliances.

B. Up to $2000 of repair value is covered. If we determine that an appliance cannot be repaired, we will offer you a reimbursement of up to 1000$ to buy a new appliance, or 70% of the retail value, whichever comes first. You are eligible for a reimbursement after 6 months of paid coverage. We will send a technician or contractor within 1-5 business days. Failure to send technician/service provider within the expected timeframe will not qualify you for any reimbursement, you will simply have the right to hire a third-party independent contractor pursuant to the terms of this Agreement.


C. CLOTHES DRYER – COVERED: All components and parts except venting, lint/screen filters, and damage to clothing. Covers repairs up to 1000$, or reimbursement up to 500$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-5 business days.


D. CLOTHES WASHER – COVERED: All components and parts expect damage to clothing, request to replace gasket or soap dispenser due to mold. Covers repairs up to 1000$, or reimbursement up to 500$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-5 business days.

E. BUILT-IN/OVER THE RANGE MICROWAVE – COVERED: All components and parts. Covers repairs up to 1000$, or reimbursement up to 500$ or 70% of the retail value., whichever comes first. Timeframe for diagnostics: 1-5 business days.

F. OVEN/RANGE/COOKTOP – COVERED: All components and parts. Covers repairs up to 1000$, or reimbursement up to 500$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-5 business days.

G. DISHWASHER – COVERED: All components and parts. Covers repairs up to 1000$, or reimbursement up to 500$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-5 business days.


H. GARBAGE DISPOSAL – COVERED: All components and parts. Covers repairs up to 500$, or reimbursement up to 300$ or 70% of the retail value., whichever comes first. Timeframe for diagnostics: 1-5 business days.


I. REFRIGERATOR – COVERED: All components and parts, including integral freezer unit. EXCLUDED: Audio/Visual equipment and internet connection components, door gaskets, lost food. Covers repairs up to 2000$, or reimbursement up to 1000$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-3 business days.


V.  HIGH END RESIDENTIAL APPLIANCE COVERAGE 

 A. Up to $3500 of repair value is covered. If we determine that an appliance cannot be repaired, we will offer you a reimbursement of up to 2000$ to buy a new appliance, or 70% of the retail value, whichever comes first. You are eligible for a reimbursement after 6 months of paid coverage. We will send a technician or contractor within 1-5 business days. Failure to send technician/service provider within the expected timeframe will not qualify you for any reimbursement, you will simply have the right to hire a third-party independent contractor pursuant to the terms of this Agreement.


B. CLOTHES DRYER – COVERED: All components and parts except venting, lint/screen filters, and damage to clothing. Covers repairs up to 2000$, or reimbursement up to 1000$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-5 business days.


C. CLOTHES WASHER – COVERED: All components and parts expect damage to clothing, request to replace gasket or soap dispenser due to mold. Covers repairs up to 2000$, or reimbursement up to 1000$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-5 business days.

D. BUILT-IN/OVER THE RANGE MICROWAVE – COVERED: All components and parts. Covers repairs up to 2000$, or reimbursement up to 1000$ or 70% of the retail value., whichever comes first. Timeframe for diagnostics: 1-5 business days.

E. OVEN/RANGE/COOKTOP – COVERED: All components and parts. Covers repairs up to 2000$, or reimbursement up to 1000$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-5 business days.

F. DISHWASHER – COVERED: All components and parts. Covers repairs up to 2000$, or reimbursement up to 1000$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-5 business days.


G. GARBAGE DISPOSAL – COVERED: All components and parts. Covers repairs up to 500$, or reimbursement up to 500$ or 70% of the retail value., whichever comes first. Timeframe for diagnostics: 1-5 business days.


H. REFRIGERATOR – COVERED: All components and parts, including integral freezer unit. EXCLUDED: Audio/Visual equipment and internet connection components, door gaskets, lost food. Covers repairs up to 3500$, or reimbursement up to 2000$ or 70% of the retail value, whichever comes first. Timeframe for diagnostics: 1-3 business days.

VI. GENERAL LIMITATIONS OF LIABILITY

A. Our maximum liability for Standard Residential Appliance is up to $2000 and for High End Appliance is up to $3500 per 12-month period for each Covered Item for diagnosis and repair. Maximum liability for replacement is $1000 for Standard Residential Appliance and $2000 for High End Appliance per 12-month period for each Covered Item. Company is not responsible for installation. The terms of coverage apply the same whether for a monthly Plan, or for a yearly Plan. 

B. Coverage is not for commercial property or residences used as businesses, or for the repair or Replacement of commercial grade equipment, systems, or appliances. We are not liable for the repair or replacement of commercial grade equipment, systems or appliances. Except as otherwise agreed, common systems in shared homes, condominiums, duplex, triplex, or fourplex dwellings are excluded.

C. At times it is necessary to open walls or ceilings to make repairs. The Service Contractor provided by us will close the opening, and return to a rough finish condition. We are not responsible for restoration of any wall coverings, floor coverings, plaster, cabinets, counter tops, tiling, paint, or the like. Rough finish is defined to include hanging of drywall, patching of drywall, stucco, and lath. Repair to rough finish does not include supplies or labor for paint, sanding, wall texture, wallpaper and/or tile work.

D. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as without limitation abuse; misuse and/or neglect; secondary failures; lack of maintenance; rust and/or corrosion; noise without a related mechanical failure; chemical or sedimentary build up; failures due to calcium build-up; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; water damage; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure. We are not responsible for drywall or rough finish repairs on not covered claims.

E. This Agreement does not cover upgrading or making modifications to items due to, but not limited to, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.

F. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the repair or replacement of existing equipment or installing different equipment. This Agreement does not cover any costs associated with any upgrades or modifications to comply with federal, state, and/or local law, code, regulation, or ordinance. All such costs are your responsibility.

G. This Agreement does not cover any costs incurred to gain and/or close access to a covered item, system, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, toilets, sinks, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property. This Agreement does not cover any costs associated with equipment to gain access or permit serviceability such as but not limited to scaffolding.

H. This Agreement does not cover delays or failures to provide service caused by, or related to any of the exclusions listed herein; shortages of labor and/or materials; or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent Service Contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.

I. This Agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any item or system, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.

J. This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or home warranty. Our Coverage is secondary to such insurance, warranties, or guarantees.

K. This Agreement does not cover any mechanical failure when the covered item or system has been repaired, modified, disabled or adjusted in any way which prevents us or our independent Service Contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. This Agreement does not cover any mechanical failure to any covered item or system that has been improperly altered, repaired, installed, modified or damaged in the course of remodeling or unauthorized repair.

L. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. For example, you are responsible for providing maintenance and cleaning pursuant to manufacturers’ specifications, such as periodic cleaning of condenser coils, as well as periodic water and air  filter replacement. If a claim is denied due to lack of maintenance then we have the right to request maintenance records from you. We will not pay for repairs or failures that result from your failure to perform normal or routine maintenance.

M. We have the sole right to determine whether a covered system or appliance will be repaired or replaced. We may replace equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand or color. We are not responsible for upgrades, components, parts, or equipment required due to the incompatibility of the existing equipment with the replacement system or appliance or component or part thereof or with new type of chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments. 

N. When parts for a covered repair are not available through the manufacturer, we may use third-party or refurbished parts, or we will offer a reimbursement to you, to be determined in our sole discretion.

O. You agree that we are not liable for the negligence or other conduct of the Service Contractor, nor are we an insurer of Service Contractor’s performance. You also agree that we are not liable for consequential, incidental, indirect, secondary, or punitive damages. You expressly waive the right to all such damages. Your sole remedy under this Agreement is recovery of the cost of the required repair or replacement, whichever is less. You agree that if you select the self-repair virtual diagnosis option then you understand that Company is not liable for any improper installation that may result, and you understand that you are waiving the service contract coverage for that unit. You further agree that Company is not liable for any injuries that may result from you utilizing the self-repair virtual diagnosis option. You agree that, in no event, will our liability exceed $2000.00 per contract item for access, diagnosis, repair and/or replacement.

P. In the event you threaten to harm or actually harm the safety or well-being of: (i) Company; (ii) any employee of Company; (iii) a Service Contractor; or (iv) any property of Company or the Service Contractor, you will be in breach of this Agreement. In the event you breach this or any other obligation under this Agreement, Company may refuse to provide service to you and may cancel this Agreement.

VII. MEDIATION; GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS

A. In the event of a dispute over claims or Coverage you agree to file a written informal claim with us and allow us twenty (20) calendar days to respond to the claim. The parties agree to mediate in good faith before resorting to mandatory arbitration. All written claims should be mailed to info@houseappliancerepairs.com

Except where prohibited, if a dispute arises from or relates to this Agreement or its breach, and if the dispute cannot be settled through direct discussions you agree that:

B. This Agreement shall be governed and construed in accordance with the laws of the State of Pennsylvania, excluding Pennsylvania’s choice-of-law principles, and all claims arising out of or relating to your use of our website, contacts between you and us (including telephone calls and text messages), this Agreement and/or any other understanding or arrangement between you and Company or any of Company’s representatives, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Pennsylvania, excluding Pennsylvania’s choice-of-law principles.

C. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of our website, this Agreement, and/or any other understanding or arrangement between you and Company or any of Company’s representatives, including without limitation regarding any breach of this Agreement, any contacts between you and Company (including, but not limited to, claims and coverage, emails, telephone calls, and text message correspondence between us and you), or any other such other understanding or arrangement, shall be finally resolved by binding arbitration administered by a private professional arbitrator and rules reasonably determined by the parties in writing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You and Company are expressly waiving any rights to a jury trial. The arbitration will be conducted in the State of Pennsylvania, by an arbitrator with applicable industry expertise in the field of equipment repair services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and Company, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and Company and any decision rendered shall be deemed to be the confidential information of Company and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. 

D. You agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $2000.00 per claim, but in no event attorneys’ fees. You also agree that Company is not liable for consequential, incidental, indirect, secondary or punitive damages as you are waiving your rights to all such damages.

E. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED

VIII. SEVERABILITY

This Agreement constitutes the entire sole agreement between the contracting parties concerning the subject hereof and supersedes all proposals, negotiations, conversations, discussions, agreements and/or representations, whether oral or written. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect. Any amendments or modifications of this Agreement shall be in writing and executed by the contracting parties. You agree that, in no event, will our liability exceed $1,500.00 per contract item for access, diagnosis, repair and/or replacement.

IX. RENEWALS AND TRANSFER OF AGREEMENT

A. Company may, in its sole discretion, elect to renew this Agreement for a one-year contract term, unless otherwise approved by Company. In the event we elect to renew your Agreement, you will be notified of the terms within sixty (60) days prior to expiration of your Agreement. Unless you notify Company prior to expiration of your Agreement, your Agreement will be automatically renewed and you will be charged applicable fees.

B. If you select the monthly payment option and we elect to renew your Agreement, we will notify you of applicable rate and terms of renewal during the tenth month of your Agreement. You will automatically be renewed for a monthly coverage period unless you notify us in writing thirty (30) days prior to the expiration of the Agreement. Your first payment for the next contract term will be construed as authorization for month-to-month charges.

C. If your covered property is sold during the term of this Agreement, you must notify us of the change in ownership and submit the name of the new owner by phoning [phone number] or emailing [email address] in order to transfer Agreement to the new owner.

D. You may transfer this Agreement at any time. There is no fee to transfer the Agreement.

X. CANCELLATION

A. This Agreement may be cancelled by Company for the following reasons: (i) nonpayment of Agreement or service fees or other breach of this Agreement by the customer; (ii) fraud or misrepresentation by the customer and/or customer representative of facts material to Company’s issuance of this Agreement; (iii) any complaint, lawsuit, or claim made by the customer; or (iv) a change in laws or regulations that has a material effect on the business of Company or Company’s ability to fulfill its obligations under this Agreement.

‍B. You may cancel this Agreement at any time for any reason. We will not refund any fees already paid by you prior to the cancelation, but the Agreement will continue to subsist until the end of the service period already paid for. All cancellation requests must be submitted in writing.

C. Mutual agreement of us and you. This Agreement may be canceled by mutual agreement, in which case you shall be entitled to a pro rata refund at the standard contract fee rate for the unexpired term, less an administrative fee for each unused term and any service costs (including, but not limited to, any good will payments or settlement payments made to you) incurred by us. In the event this Agreement is canceled any free months offered will be removed from the prorated refund amount. If we have provided services and the amount of the service costs incurred by us is greater than the contract fees paid, then no refund will be due to you.