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 will not perform routine maintenance. You are responsible for cleaning and routine maintenance as specified by the equipment manufacturer. 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. UtiliPRO is not an emergency service. We will attempt to provide prompt service for failures of the primary source of heat or central air conditioning.
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”). Coverage of appliances begins 21
days after initial payment is received and processed. 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. If you have had Service during your Contract Year, you will
be responsible for the lesser of the following: The balance for the remainder of the contract year, or fees for
Services rendered. To cancel, call 866-300-5574.
3. Coverage under this contract will be denied if you do not keep 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 esidence. Alternatively, you may terminate this Contract
subject to the provisions of Paragraph C(2) above.
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 $65 service call fee for any service calls greater than one (1) service call on the same appliance 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.
Additional Terms and Conditions:
1. Each service request made under the Greenbacks Program is subject to a Service Call Fee of $65.00 due at the time service is requested.
2. UtiliPRO has the sole right to determine whether a covered system, appliance, or component will be repaired or paid out as per schedule.
3. We reserve the right to provide Cash in Lieu of repair based on the set rates established in our Greenbacks Program.
4. When parts needed to complete a repair are No Longer Available, such appliance, system, or component will not be eligible for Cash Back Option, and will be considered ineligible for service repair under this plan.
5. Rates for cash back reimbursement are subject to change without notice. Current rates can be found on our website, www.UtiliPRO.com.
6. Pre-existing conditions as determined by UtiliPRO or our authorized contractor are not covered under this contract.
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
Vented Aux Space Heater
Tank Type Water Heater
UtiliPRO reserves the right to charge for parts and labor (and/or deny making repairs) for service under the following conditions; in addition, all service requests resulting from any of the following conditions, as determined by UtiliPRO Services or its authorized contractor, will be subject to a $65.00 service fee.
• Repair of pre-existing conditions that are known to you or that reasonably should be known to you, as determined by UtiliPRO or its authorized contractors are not covered by this contract.
• Service requests not associated with failure of covered appliances (i.e. smells or noises).
• Safety inspections not purchased as part of the program.
• Parts and service not covered under the terms of the Contract.
• Damage due to misuse, abuse, neglect, or accidental acts.
• Improperly maintained and/or improperly cleaned parts, components, or appliances.
Any charges will be determined using UtiliPRO’s authorized contractor’s current rates for labor and parts.
**Sealed system failures are not covered by the Program. “Limited Leak Repair” is defined as leaks that do not require pump down and/or recovery (not opening the system). “Major Leak Repair” is defined as leaks that require pump down and/or recovery (opening the system) and are subject to repair charges.
**Appliances included in a master plan must be located in the kitchen.
Additional Items Not Covered:
The following appliances and conditions are not covered by this Contract:
Appliances used in commercial applications.
Commercial heating appliances located in residential dwellings are covered, allowing for the restrictions of this Contract. Other commercial-grade appliances in residential dwellings are not covered.
Glass oven doors, microwave oven doors, glass
cooktop, sealed cooktops.
Electric baseboard heating systems and electric radiant systems.
Antifreeze/Glycol associated with boiler heating systems.
Heating and cooling units located on rooftops.
Heat transfer systems including Amana® (HTM),
Glo-Core and Lennox (complete heat models).
In-floor heating leak.
Carbon monoxide (CO) alarm calls and CO detector inspection/repair.
Modifications/conversions to appliances, altera-tions to existing gas piping.
Range exhaust and fans.
Ruptured hot water tanks.
Parts considered as accessory items, including icemakers, water dispensers, humidifiers, etc.
Leased or rental units, not provided by UtiliPRO.
Missing parts or components, parts that are NLA.
Transmission repairs for clothes washers and dishwashers.
Cleaning, filter replacement and any maintenance related repairs (unless specified as part of a maintenance plan).
Circuitry and zone valves in heat pumps.
Air conditioner/Heat Pump repairs are limited to 3 lbs. of Freon annually.
Heat exchanger, secondary heat exchanger, tankless water heat exchanger, compressor, evaporator coil, condenser coil, and reversing valves.
Solar water heaters and/or associated components.
Auxiliary storage and fuel tanks.
Gas air conditioning systems.
Cosmetic features and detachable items: (i.e. knobs, racks, lint screens, clocks, dials, locks, temp. probes, lights/bulbs, shelves, batteries, rollers, buckets, baskets, grills, hoses).
Food spoilage, clothing damage, or income loss.
Chillers and water cooled units.
Ductwork redesign and/or installations.
Front load washer door boot seal.
For service requests, coverage questions, or any other issues,