Terms and Conditions

Thank you for selecting UtiliPRO Services (the “Program”) for your appliance coverage administered by 03091776 Georgia, LLC (“UtiliPRO”). To better serve you, the following is important information about your coverage under the Program. This contract (this “Contract”) provides the terms and conditions under which UtiliPRO is legally obligated to the party to whom this Contract is issued (referred to as “Customer” or “you” in this Contract). Please read and save for future reference.

 

A. Benefits Provided to Customer: 

Subject to the terms and conditions of this Contract, UtiliPRO will provide repairs of covered appliances located at the designated covered location. UtiliPRO will not be obligated to provide replacement of covered appliances. Upon verifying your coverage, UtiliPRO will dispatch an authorized contractor to the location of the covered appliance to assess and diagnose the appliance which you do not believe is operating correctly. The authorized contractor will be chosen based on geography, workload and skills. Subject to the terms and conditions of this Contract and if the appliance is covered by the Contract, the UtiliPRO authorized contractor will repair the appliance so that it is in working order.

B. Eligibility Requirements:

 

1. The Program is available to owners or tenants of residential dwellings with no more than three units on one heating/cooling system, or any residential dwelling with a separate heating/cooling system for each unit. Depending on the services offered in a service territory and the coverage selected, this Contract may cover the following appliances/ household items: furnace or boiler; heat pump; tank-type water heater; tankless water heater; range/oven; cooktop; refrigerator; clothes washer; clothes dryer; central air conditioning (A/C); vented space heater; vented gas-log fireplace; built-in microwave; freezer; and dishwasher.

 

2. Homes with more than one of the same or similar appliance/equipment as is covered under the base plan coverage chosen by Customer (i.e., additional furnace, boiler, heat pump, A/C system, water heater (tank or tankless), dishwasher, refrigerator, etc.) must purchase supplemental coverage for each additional appliance/equipment individually, subject to any incentive programs that may be offered.

 

3.Pre-existing conditions that are known to you or that reasonably should be known to you, as determined by UtiliPRO or its authorized contractor, are not covered by this Contract. All equipment covered by this Contract must meet applicable building code requirements, be reasonably clean and safely accessible, and in good operating condition at the time that coverage begins.

 

4. All appliances must have the model and serial tags to be eligible for service, or any other Program benefits. UtiliPRO reserves the right to have an on-site inspection of the appliances.

 

5. UtiliPRO encourages regular maintenance of system components and appliances. Improper maintenance of any covered system component or appliance may result in denial of coverage for lack of maintenance.

 

6. This Contract does not cover any labor, materials or parts required as a result of flooding, attempted repairs by persons other than a UtiliPRO authorized contractor, abuse, vandalism, electric power outage or surge, water supply failure, accidents, fire, freezing, acts of God, tampering or unauthorized alteration or any other abnormal conditions. Installation errors or omissions that result in either equipment failure or performance issues are not covered by this Contract. Service will not be performed in areas where asbestos, mold or any other safety or health hazard exists until the hazard has been eliminated by Customer and at Customer’s sole expense. UtiliPRO reserves the right to restrict specific makes of equipment from eligibility due to obsolete parts and reserves the right to use other than original manufacturer’s parts. The choice of parts, including rebuilt parts, to be used is at the sole discretion of the UtiliPRO authorized contractor. Parts purchased by persons other than UtiliPRO authorized contractors will not be installed without prior approval from UtiliPRO.

 

7. The Program is designed to provide prompt, efficient service for failures of the primary source of heat or central air conditioning. UtiliPRO reserves the right to schedule all service requests.

 

8. Neither UtiliPRO nor its authorized contractors shall be liable to Customer for failure to perform obligations under this Contract due to any acts of God, strikes, lockouts, acts of the public enemy, lightning, fires, storms, floods, explosions, breakage or accident to machinery, the malfunction of any computer systems (hardware or software) or equipment containing embedded systems of or any provider upon which UtiliPRO relies, the binding order of any court or governmental authority, or any other cause outside the control of UtiliPRO.

 

9. Prices are subject to change at any time by UtiliPRO, and certain promotions and service offers may be for new customers only, and/or may be available in select service areas only. Any promotion or service may be subject to change or termination without notification.

 

10. UtiliPRO shall not be responsible for charges for service or parts that you have others provide without our prior knowledge and consent.

 

11. The homeowner must provide a safe and healthy work environment.

 

C. Term of Contract and Cancellation:

 

1. The term of this Contract will be for one (1) year (“Contract Year”) to begin within 24 hours after your enrollment is processed and payment is received. To ensure that the residence is continually covered, this Contract will automatically renew for additional one-year periods unless you cancel by providing UtiliPRO with notice prior to the end of the Contract Year or until otherwise terminated as set forth below. Any claims made by you prior to the effective date of termination of this Contract will be covered by the terms of this Contract.

 

2. Customer may cancel this Contract at any time upon written notice to UtiliPRO at 211 Fulton Court, Peachtree City, GA 30269 or by contacting UtiliPRO at 1-866-300-5574.

 

3. Your coverage will remain in effect only by keeping your payments up to date. If you are delinquent in these payments, then UtiliPRO may cancel this Contract. In addition, UtiliPRO may cancel this Contract if you commit fraud or make a material misrepresentation with respect to this Contract or the services provided under this Contract.

 

4. If UtiliPRO cancels this Contract during a Contract Year, then UtiliPRO will pay to Customer a refund equal to 100% of the unearned pro rata payments made by Customer covering periods following cancellation. If Customer cancels this Contract, UtiliPRO will issue a refund equal to 90% of the unearned pro rata payments less any repairs (and claims) costs incurred by Utilipro.

 

5. Coverage under the Program is not transferable to a different residence. However, should you move during a Contract Year, upon notification to UtiliPRO by telephone, you may begin coverage and a new Contract Year at the new residence. You will be provided a credit at your new residence for any unused prepaid amount from your old residence. Alternatively, you may terminate this Contract subject to the provisions of Paragraph C(2) above.

 

D. Miscellaneous:

 

1. Except as set forth in Paragraph C(5) of this Contract, Customer may not assign this Contract or any of its rights hereunder. UtiliPRO reserves the right to assign its rights and obligations to another party.

 

2. This Contract constitutes the entire understanding between the parties with respect to the subject matter of this Contract and supersedes any prior discussions, negotiations, agreements, writings, and understandings. This Contract shall be construed in accordance with and governed for all purposes by the laws and public policy of the State of Georgia. You agree that any claim under this Contract by you, must be filed in the appropriate state court sitting in, or if applicable federal court for, Atlanta, Georgia, and that such court shall have exclusive jurisdiction for any claim arising out of or related to this Contract.

 

3. UtiliPRO has the right to charge a $75 service call fee for any service calls greater than one (1) service call during the Contract Year.

 

4. Customer may be responsible for costs incurred in missed service appointments.

 

5. UtiliPRO and its authorized contractors are not responsible for restoring home to its original condition once work is complete. For example, making any repairs to drywall, paint, floors, or lawn in case of digging.

 

6. All returned/dishonored payments are subject to a $25 non-sufficient funds fee.

 

E . Limitation of Liability and Limited Warranty:

 

1. IN THE EVENT OF ANY DEFECTS IN PARTS, MATERIALS OR SERVICE PROVIDED HEREUNDER, UTILIPRO’S ONLY RESPONSIBILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE THAT ON REQUEST OF CUSTOMER, DURING THE TERM OF THIS CONTRACT, UTILIPRO WILL REPAIR OR REPLACE THE DEFECTIVE PART, MATERIAL OR SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT.

 

2. NEITHER UTILIPRO NOR ITS AUTHORIZED CONTRACTORS WILL BE RESPONSIBLE FOR ANY DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, INDIRECT LOSSES OR INJURIES RESULTING FROM THE SERVICES PROVIDED HEREUNDER OR CAUSED BY DEFECTS IN PARTS, MATERIALS OR SERVICE PROVIDED HEREUNDER, DELAYS, FAILURE TO SERVICE, UNAVAILABILITY OF PARTS OR LABOR, AND ANY OTHER CONDITION BEYOND OUR CONTROL.

 

3. UTILIPRO IS NOT RESPONSIBLE FOR ANY REPLACEMENT COST OF EQUIPMENT THAT HAS FAILED DESPITE GOOD-FAITH REPAIR EFFORTS OR HAS BEEN DEEMED UNREPAIRABLE BY UTILIPRO’S AUTHORIZED CONTRACTORS.

 

4. UTILIPRO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.

 

5. THIS LIMITATION OF LIABILITY AND LIMITED WARRANTY IS CUSTOMER’S EXCLUSIVE WARRANTY AND EXCLUSIVE REMEDY.

 

6. IF REQUIRED BY LAW, UTILIPRO WILL PROVIDE A BROADER LIMITED WARRANTY AND LIMITATION OF LIABILITY.

 

F. What is Covered:
Subject to the terms and conditions of this Contract, and if listed as covered on the declarations page, the following appliances are covered by this Contract:

Furnace or Boiler Maximum Furnace – 145,000 btu capacity Maximum Boiler – 285,000 btu capacity Belts & pulleys Blower motor, bearings, wheel Burner Circuit boards Circulator/motor Collector box Condensate line (access permitting) Condensate pump Controls DC Drive blower/draft motors, circuit boards and valves Diaphragm expansion tank Fan control Fan relay Flame rollout switch Flame spreader Fuse Gas controls Gas valve Ignition module Induced fan motors Limit control Low water cutoff Main burner – heat element Nozzle (Oil) Oil pump Pilot Pilot safety and assembly Pressure gauge Pressure switch Pressure control Pressure relief valve & temperature control Pump bearings, control, coupler, shaft Reducing valves (including filltrol valves) Relays Relay relief valve Relief valves Sight glass Squirrel cage/blower assembly Safety switches Thermocouple – glow rod, flame sensor Thermostat Transformer Valve Vent connector	Range/Oven/Cooktop** Appliance Regulator Burner (main) Burner (pilot) Burners (sealed) Circuit boards (ERC) Convection motor Door hinges, springs Fuses Gas valve Gaskets and seals Heater element – burners Ignitor – heat pilot Ignitor switches Indicator lamps Main burner Oven flame switch Oven ignitor Oven pilot assembly Oven pilot safety Oven safety gas valve Oven thermostats/thermistor Piston Range top burner valves Relay Selector switch Self-cleaning element, latch, timer Sensor Surface element Surface element/ surface receptacles burner switch Thermocouple/glow rod/flame sensor Touch pads Transformer	Clothes Washer Agitator Basket drive (external to transmission) Belts/pulleys Circulating pump Circulating pump motor Clips Clutch assembly (External to transmission) Coupler Dog ears Door hinges Drive motor Electronic control boards Electrical switches Electric water valves Electronic control system Fuse Relay Supply and drain hoses Temperature selector switch Timer Timer knob and dial Touch pad Transformer Water level control
Air Conditioner Maximum 5 ton capacity A/C backplate Capacitors Condensate line (access permitting) Condensate pump Condenser motor/fan blade Contactor switch Electrodes Fan control Freon/refrigerant-up to 3 lbs annually Fuses Limited leak repair* Pump motor (natural gas) Relays Schraeder valve core Switches (low ambient, low pressure and high pressure) Thermostat Timer Transformer * see the Special Circumstances section.	Heat Pump Maximum 5 ton capacity Back-up electric heater (non baseboard) Back-up hydronics heater-pump, and shut off Compressor contactor Condenser fan blade Condenser motor Control relay Defrost controls Defrost relay Defrost time clock Defrost t-stat Expansion valve Fan cycle control Freon/refrigerant - up to 3lbs annually Heat pump thermostat Heating relay High pressure switch Indoor fan motor – Air handler Indoor fan relay – Air handler Internal t-stat Limited Leak repair* Liquid line pressure switch Low ambient control Low pressure switch Outdoor fan motor Outdoor thermostat Reversing valve relay Reversing valve solenoid * see the Special Circumstances section.	Dishwasher ** Belts/pulleys Bimetal triggers Circulation pump Circulating pump motor Door hinges Door springs Drive motor Electronic control boards Electrical switches Fan motor Fuse Gaskets/seals Heater element Latch Limit control Relay Soap dispenser Thermostat Thermistor Timer (electronic) Transformer Water control Water valves
Tank Type Water Heater Anode rod Burner and pilot Dip tube Draft hood Drain valve Fuse (electric) Gas valve Glow bar/ignitor/piezo Heater element – main burner (electric) Limit control – limit temp switch (electric) Main burner Module Pilot/burner tubing Power vent motor Relief valve Safety controls Switches Thermistor Thermocouple Thermostat T/P relief valve Transformer Vent connector Anode rod	Upright/Chest Freezer Capacitor Defrost heater Door switch Electronic control boards Fan Fan motor Fuse Gasket Relay Terminator Thermostat Timer	Microwave (Built-in Only) Door switch Fan motor Fuse Thermostat
		Clothes Dryer Belts Blower wheel Burner (main/pilot) Control timer Door latch Door switch Drum support, rollers/guides Drum shaft/bearings Electronic control boards Fuse
Refrigerator Capacitor Condensor cleaning Defrost drain cleaning Defrost heater Drain heater Electronic control boards Fan bearings Fan control Fan motor Fan switch Fuse Gaskets/seals Light switch Limit control Relay Thermostat Thermistor Timer (electronic)	Tankless Water Heater Electrode kit Fan motor Flame rod kit Flow sensor Gas control valves Ignitor Inline three amp glass fuses O-ring exhaust port O-ring fan housing thermistor O-ring flow control inlet/outlet O-ring flow control/bypass valve O-ring gas valve O-ring hot water outlet housing O-ring hot water outlet housing plug O-ring inlet gas connector O-ring intake air port O-ring manifold test port O-ring thermistors PC Board Thermistor Water filter assembly Water flow control valve screw	Vented Gas Logs and Fireplace Blower Gas valve Pilot and burner Pilot and burner tubing Safety controls
		Vented Gas Logs and Fireplace Blower Gas valve Pilot and burner Pilot and burner tubing Safety controls