Terms and Conditions
TERMS OF SERVICE AGREEMENT
ASSURED HOME WARRANTY

I. COVERAGE
During the coverage period, AHW’s sole responsibility will be to
arrange for a qualified service contractor (“Service Provider”) to
repair or replace, at AHW’s expense (up to the limits set forth
below), the systems and components mentioned as “included” in
accordance with the terms and conditions of this contract so long
as such systems and components:
A. Are located inside the confines of the main foundation of the
home or attached or detached garage (with the exception of the
exterior pool/spa, well pump, septic tank pumping and air
conditioner); and
B. Become inoperative due to normal wear and tear; and
C. Are in place and in proper working order on the effective date
of this home warranty contract. This contract does not cover
known or unknown pre-existing conditions. It is understood that
AHW IS NOT A SERVICE PROVIDER and is not itself undertaking
to repair or replace any such systems or components. This
contract covers single-family homes (including manufactured
homes), new construction homes, condominiums, townhomes,
and mobile homes under 5,000 square feet, unless an alternative
dwelling type (i.e. above 5,000 square feet or multi-unit home) is
applied, and appropriate fee is paid. Coverage is for occupied,
owned or rented residential property, not commercial property or
residences used as businesses, including, but not limited to, day
care centers, fraternity/sorority houses, and nursing/care homes.
This contract describes the ultimate coverage available. Coverage
is subject to limitations and conditions specified in this contract.
Please read your contract carefully. NOTE: This is not a contract
of insurance, residential service, warranty, extended warranty, or
implied warranty.

II. COVERAGE PERIOD
Coverage starts 30 days after acceptance of application by AHW
and receipt of applicable contract fees and continues for 365 days
from that date. Your coverage may begin before 30 days if AHW
receives proof of prior coverage, showing no lapse of coverage,
through another carrier within 15 days of the order date.

III. SERVICE CALLS
A. You or your agent (including tenant) must notify AHW for work
to be performed under this contract as soon as the problem is
discovered. AHW will accept service calls 24 hours a day, 7 days
a week, 365 days a year. Notice of any malfunction must be given
to AHW prior to expiration of this contract.
B. Upon request for service, AHW will contact an Authorized
Service Provider within two (2) days during normal business hours
and four (4) days on weekends and holidays. The Authorized
Service Provider will contact You to schedule a mutually
convenient appointment during normal business hours. AHW will
determine what repairs constitute an emergency and will make
reasonable efforts to expedite emergency service. If You should
request AHW to perform non-emergency service outside of normal
business hours, You will be responsible for payment of additional
fees and/or overtime charges.
C. AHW has the sole and absolute right to select the Service
Provider to perform the service; and AHW will not reimburse for
service performed without its prior approval.
D. You will pay a $100 trade service call fee (“Service Fee”) per
claim. The Service Fee is for each visit by a AHW approved
Service Provider, except as noted in this section III (E), and is
payable to the AHW approved Service Provider at the time of
each visit. The service fee applies to each call dispatched and
scheduled, including but not limited to those calls wherein
coverage is included, excluded, or denied. The service fee also
applies in the event You fail to be present at a scheduled time, or
in the event You cancel a service call at the time a service
contractor is in route to your home or at your home. Failure to pay
the Service Fee will result in suspension or cancellation of
coverage until such time as the Service Fee is paid. At that time,
coverage may be reinstated; however, the contract period will not
be extended.
E. If service work performed under this contract should fail, then
AHW will make the necessary repairs without an additional trade
service call fee for a period of 90 days on parts and 30 days on
labor.

IV. COVERAGE
The coverage is for no more than one (1) unit, system, or
appliance, unless additional fees are paid. If no additional fees are
paid, covered unit, system, or appliance is at the sole discretion of
AHW; certain limitations of liability apply to Covered systems an
appliances.
1. CLOTHES DRYER
INCLUDE: all components and parts, except:
EXCLUDE: Noise – venting – lint screens – knobs and dials –
doors – door seals – hinges – glass – leveling and balancing –
damage to clothing.
2. CLOTHES WASHER
INCLUDE: all components and parts, except:
EXCLUDED: Noise – plastic mini-tubs – soap dispensers – filter
screens – knobs and dials – door seals – hinges – glass –
leveling and balancing – damage to clothing.
3. KITCHEN REFRIGERATOR
NOTE: Must be located in the kitchen.
INCLUDE: All components and parts, including integral freezer
unit, except:
EXCLUDED: Racks – shelves – lighting and handles – freon – ice
makers- ice crushers – beverage dispensers and their respective
equipment – water lines and valve to ice maker – line restrictions
– leaks of any kind – interior thermal shells – food spoilage –
doors – door seals and gaskets – hinges – glass – audio/visual
equipment and internet connection components.
4. AIR CONDITIONING/COOLER
NOTE: Not exceeding five (5) ton capacity and designed for
residential use.
INCLUDED: Ducted electric central air conditioning, ducted
electric wall air conditioning. All components and parts, for units
below 13 SHEER and when AHW is unable to facilitate
repair/replacement of failed covered equipment at the current
SHEER rating, repair/replacement will be performed with 13
SHEER equipment and/or 7.7 HSPF or higher compliant, except:
EXCLUDED: Gas air conditioning systems – condenser casings –
registers and grills – filters – electronic air cleaners – window
units – non-ducted wall units – water towers – humidifiers –
improperly sized units – chillers – all exterior condensing, cooling
and pump pads – roof mounts, jacks, stands or supports –
condensate pumps – commercial grade equipment – cost for
crane rentals – air conditioning with mismatched condensing unit
and evaporative coil per manufacturer specifications – improper
use of metering devices – thermal expansion valves – refrigerant
conversion – leak detections – water leaks – drain line stoppages
– maintenance – noise. No more than two (2) systems covered
unless purchased separately at time of enrollment. AHW is not
responsible for the cost associated with matching dimensions,
brand or color made. AHW will not pay for any modifications
necessitated by the repair of existing equipment or the installation
of new equipment.
5. HEATING SYSTEM OR BUILT-IN WALL UNIT
NOTE: Main source of heat to home not to exceed five (5) ton
capacity and designed for residential use.
INCLUDED: All components and parts necessary for the operation
of the heating system. For units below 13 SHEER and when AHW
is unable to facilitate repair/replacement of failed covered
equipment at the current SHEER rating, repair/replacement will be
performed with 13 SHEER equipment and/or 7.7 HSPF or higher
compliant, except;
EXCLUDED: All components and parts relating to geothermal,
water source heat pumps including: outside or underground
piping, components for geothermal and/or water source heat
pumps, re-drilling of wells for geothermal and/or water source heat
pumps. Access – radiators or valves – baseboard casings –
radiant heating – dampers – valves – fuel storage tanks – portable
units – solar heating systems – fireplaces and key valves – filters
– line dryers and filters – oil filters, nozzles, or strainers – registers
– backflow preventers – evaporator coil pan – primary or
secondary drain pans – grills – clocks – timers – add-ons for
zoned systems – heat lamps – humidifiers – flues and vents –
improperly sized heating systems- mismatched systems- chimneys
– pellet stoves – cable heat (in ceiling) – wood stoves (even if
only source of heating) – calcium build-up – maintenance. NOTE:
AHW will pay no more than $1,500 per covered item per contract
term for access, diagnosis and repair or replacement of any
glycol, hot water, or steam circulating heating systems.
6. WATER HEATER (GAS AND/OR ELECTRIC)
INCLUDED: All components and parts, including circulating
pumps, except:
EXCLUDED: Access – insulation blankets – pressure reducing
valve – sediment build-up – rust and corrosion – main, holding or
storage tanks – vents and flues – thermal expansion tanks – low
boy and/or squat water heaters – solar water heaters – solar
components – fuel, holding or storage tanks – noise – energy
management systems – commercial grade equipment and units
exceeding 75 gallons – drain pans and drain lines – tankless
water heaters.
7. ELECTRICAL SYSTEM
INCLUDED: All components and parts, including built-in bathroom
exhaust fans, except:
EXCLUDED: Fixtures – carbon monoxide alarms, smoke
detectors, detectors or related systems – intercoms and doorbell
systems associated with intercoms – inadequate wiring capacity –
solar power systems and panels – solar components – energy
management systems – direct current (D.C.) wiring or components
– attic exhaust fans – commercial grade equipment – auxiliary or
sub-panels –broken and/or severed wires – rerunning of new
wiring for broken wires – wire tracing – garage door openers –
central vacuum systems – damages due to power failure or
diagnosis and repair and/or replacement.
8. PLUMBING SYSTEM/STOPPAGE
INCLUDED: Leaks and breaks of water, drain, gas, waste or vent
lines, except if caused by freezing or roots – toilet tanks, bowls,
and mechanisms (replaced with builder’s grade as necessary),
toilet wax ring seals – valves for shower, tub, and diverter angle
stops, rinses and gate valves – permanently installed interior
sump pumps – built-in bathtub whirlpool motor and pump
assemblies – stoppages/clogs in drain and sewer lines up to 100
feet from access point. Mainline stoppages are only covered if
there is an accessible ground level clean-out, except:
EXCLUDED: Stoppages and clogs in drain and sewer lines that
cannot be cleared by cable or due to roots, collapsed, broken, or
damaged lines outside the confines of the main foundation (even
if within 100 feet of access point) – access to drain or sewer lines
from vent or removal of water closets – cost to locate, access or
install ground level clean out – slab leaks – polybutylene or quest
piping – galvanized drain lines – hose bibs – drum traps – flange –
collapse of or damage to water, drain, gas, waste or vent lines
caused by freezing, settlement and/or roots – faucets, fixtures,
cartridges, shower heads, and shower arms – baskets and
strainers – popup assemblies – bathtubs and showers – cracked
porcelain – glass – shower enclosures and base pans – roman
tubs – bathtub drain mechanisms – sinks – toilet lids and seats –
cabling or grouting – whirlpool jets – whirlpool control panel –
septic tanks – sewage ejector pumps – water softeners –
pressure regulators – inadequate or excessive water pressure –
flow restrictions in fresh water lines caused by rust, corrosion or
chemical deposits – holding or storage tanks – saunas and/or
steam rooms. NOTE: AHW will provide access to plumbing
systems through unobstructed walls, ceilings or floors, only, and
will return the access opening to rough finish condition. AHW will
pay no more than $500 per contract term for access, diagnosis
and repair and/or replacement. AHW’s Authorized Service
Provider will close the access opening and return it to rough finish
condition, subject to the $500 limit indicated. AHW shall not be
responsible for payment of the cost to remove and replace any
built-in appliances, cabinets, floor coverings or other obstructions
impending access to walls, ceilings, and/or floors.

9. BUILT-IN MICROWAVE
INCLUDED: All components and parts, except:
EXCLUDED: Doors – hinges – handles – door glass – lights –
interior linings – trays – clocks – shelves – portable or counter top
units – arcing – meat probe assemblies – rotisseries.
10. OVEN/RANGE/STOVE/COOKTOP (GAS OR ELECTRIC;
BUILT-IN OR FREE STANDING).
INCLUDED: All components and parts, except:
EXCLUDED: Clocks (unless they effect the cooking function of
the unit) – meat probe assemblies – rotisseries – racks – handles
– knobs – door seals – doors – hinges – lighting and handles –
glass – sensi-heat burners will only be replaced with standard
burners.
11. DISHWASHER
INCLUDED: All components and parts, except:
EXCLUDED: Racks – baskets – rollers – hinges – handles –
doors – door gaskets – damage caused by broken glass –
cleaning.
12. GARBAGE DISPOSAL
INCLUDED: All components and parts, including entire unit,
except:
EXCLUDED: Problems and/or jams caused by bones, glass, or
foreign objects other than food.
13. CEILING AND EXHAUST FANS
INCLUDED: Motors – switches – controls – bearings.
EXCLUDED: Fans – blades – belts – shutters – filters – lighting.
NOTE: Builder’s standard is used when replacement is necessary.
14. DUCTWORK
INCLUDED: Duct from heating unit to point of attachment at
registers or grills, except:
EXCLUDED: Registers and grills – insulation – asbestos-insulated
ductwork – vents, flues and breaching – ductwork exposed to
outside elements – improperly sized ductwork – separation due to
settlement and/or lack of support – damage motors – diagnostic
testing of, or locating leaks to ductwork, including but not limited
to, as required by any federal, state or local law, ordinance or
regulation, or when required due to the installation or replacement
of system equipment. AHW will provide access to ductwork
through unobstructed walls, ceilings or floors, only, and will return
the access opening to rough finish condition. With respect to
concrete covered, embedded, encased, or otherwise inaccessible
ductwork, AHW will pay no more the $500 per contract term for
access, diagnosis and repair or replacement. AHW’s Authorized
Service Provider will close the access opening and return to a
rough finish condition, subject to the $500 limit indicated. AHW
shall not be responsible for payment of the cost to remove and
replace any built-in appliances, cabinets, floor coverings or other
obstructions impending access to walls, ceilings, and/or floors.



15. GARAGE DOOR OPENER
INCLUDED: All components and parts, except:
EXCLUDED: Garage doors – hinges – springs – sensors – chains
– travelers – tracks – rollers – remote receiving and/or transmitting
devices.
16. AHW GREEN
INCLUDED: If a covered system or appliance (limited to clothes
washer, clothes dryer, refrigerator, dishwasher, heating system,
and water heater) breaks down per SECTION I above and subject
to all other contract inclusions and limitations, and it cannot be
repaired, AHW will replace the appliance with an ENERGY STAR
qualified product (subject to availability, exclusions and
limitations), one with similar and like features as existing
appliance, except:
EXCLUDED: All other contract limitations of liability and
exclusions apply.

V. LIMITATIONS OF LIABILITY
1. The following are not included during the contract term; (I)
malfunction or improper operation due to rust or corrosion of all
systems and appliances, (II) collapsed ductwork, (III) known or
unknown pre-existing conditions.
2. AHW is not responsible for providing access to or closing
access from any covered item which is concrete-encased or
otherwise obstructed or inaccessible.
3. At times it is necessary to open walls or ceilings to make
repairs. The Service Provider obtained by AHW will close the
opening, and return to a rough finish condition. AHW is not
responsible for restoration of any wall coverings, floor coverings,
plaster, cabinets, counter tops, tiling, paint, or the like.
4. AHW is not responsible for the repair of any cosmetic defects or
performance of routine maintenance.
5. Electronic or computerized energy management or lighting and
appliance management systems, solar systems and equipment
are not included.
6. You may be charged an additional fee by the Service Provider
to dispose of an old appliance, system or component, including,
but not limited to the following items: condensing units, evaporator
coils, compressors, capacitors, refrigerators, freezers, water
heaters, and any system or appliance which contains dangerous
or hazardous materials.
7. AHW is not liable for service involving hazardous or toxic
materials including but not limited to mold, lead paint, or asbestos,
nor costs or expenses associated with refrigerant recovery,
recycling, reclaiming or disposal. AHW is not liable for any failure
to obtain timely service due to conditions beyond its control,
including, but not limited to, labor difficulties or delays in obtaining
parts or equipment.
8. AHW is not liable for repair of conditions caused by chemical or
sedimentary build up, rust or corrosion, mildew, mold, misuse or
abuse, failure to clean or maintain as specified by the equipment
manufacturer, missing parts, structural chances, fire, freezing,
electrical failure or surge, water damage, lightening, mud,
earthquake, soil movement, soil settlement, settling of home,
storms, accidents, pest damage, acts of God, or failure due to
excessive or inadequate water pressure.
9. AHW has the sole right to determine whether a covered system
or appliance will be repaired or replaced. AHW is responsible for
installing replacement equipment of similar features, capacity, and
efficiency, but not for matching dimensions, brand or color. AHW
is 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. If parts are no longer
available, AHW will offer a cash payment in the amount of the
average cost between parts and labor of the covered repair. AHW
reserves the right to locate parts at any time. For the first 30 days
of the contract period, AHW is not liable for replacement of entire
systems or appliances due to obsolete, discontinued or
unavailability of one or more integral parts. However, AHW will
provide reimbursement for the cost of those parts determined by
reasonable allowance for the fair value of like parts. AHW
reserves the right to rebuild a part or component, or replace with a
rebuilt part or component.
10. AHW is not liable for repairs related to costs of construction,
carpentry or other incidental costs associated with altercations or
modifications of appliances, components or installation of different
equipment and/or systems. Except as required to maintain
compatibility with equipment manufactured to be 13 SEER and/or
7.7 HSPF or higher compliant. AHW 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 efficiency as mandated by federal, state, or local
governments.
11. AHW is not responsible for repairs related to inadequacy, lack
of capacity, improper installation, mismatched systems, oversized
systems, undersized systems, previous repair or design,
manufacturer’s defect, and any modification to the system or
appliance.
12. AHW is not liable for normal or routine maintenance. AHW will
not pay for repairs or failures the result from the Contract holder’s
failure to perform normal or 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.
13. AHW is not liable for the replacement of commercial grade
equipment, systems or appliances. AHW shall pay no more than
$1,000 in aggregate for professional series or like appliances
such as, but not limited to, brand names such as Sub Zero, Viking,
Wolf, Bosch, Jenn-air, GE Monogram, Thermador, and etc.
14. AHW reserves the right to obtain a second opinion at its
expense.
15. AHW is not responsible for any repair, replacement,
installation, or modification of any covered system or appliance
arising from a manufacturer’s recall or defect of said covered
items, nor any covered item while still under an existing
manufacturer’s, distributor’s, or in-home warranty.
16. AHW reserves the right to offer cash back in lieu of repair or
replacement in the amount of AHW’s actual cost (which at times
may be less than retail) to repair or replace any covered system,
component or appliance.
17. AHW is not responsible for the repair or replacement of any
system or appliance or component or part thereof that has been
previously, or is subsequently, determined to be defective by the
Consumer Product Safety Commission or the manufacturer and
for which either has issued, or issues, a warning or recall, or
which is otherwise necessitated due to failure caused by the
manufacturer’s improper design, use of improper materials,
formula, manufacturing process or other manufacturing defect.
18. AHW will not pay for the repairs or replacement of any
covered systems or appliances if they are inoperable as a result
of known or unknown pre-existing conditions, deficiencies and/or
defects.
19. You agree that AHW is not liable for the negligence or other
conduct of the Service Provider, nor is AHW an insurer of Service
Provider’s performance. You also agree that AHW is 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, in no event, will AHW’s liability exceed $1,500 per contract
item for access, diagnosis and repair or replacement.

VI. MEDIATION
In the event of a dispute over claims or coverage You agree to file
a written claim with Assured Home Warranty and allow AHW thirty
(30) calendar days to respond to the claim. The parties agree to
mediate in good faith before resorting to mandatory arbitration in
the state of Louisiana.
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:
A. Any and all disputes, claims and causes of action arising out of
or connected with this Agreement shall be resolved individually,
without resort to any form of class action.
B. Any and all disputes, claims and cause of action arising out of
or connected with this Agreement (including but not limited to
whether a particular dispute is arbitrable hereunder) shall be
resolved exclusively by the American Arbitration Association in the
state of Louisiana under its Commercial Mediation Rules.
Controversies or claims shall be submitted to arbitration
regardless of the theory under which they arise, including without
limitation contract, tort, common law, statutory, or regulatory
duties or liability.
C. Any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred to a maximum of $1,500 per
claim, but in no event attorneys’ fees.
D. Under no circumstances will You be permitted to obtain awards
for, and You hereby waives all rights to claim, indirect, punitive,
incidental and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and any and all
rights to have damages multiplied otherwise increased. All issues
and questions concerning the construction, validity, interpretation
and enforceability of this Agreement, shall be governed by, and
construed in accordance with, the laws of the state of Louisiana,
U.S.A. without giving effect to any choice of law or conflict of law
rules (whether of the State of Louisiana or any other jurisdiction),
which would cause the application of the laws of any jurisdiction
other than the State of Louisiana.

VII. BUILDING ZONING CODE REQUIREMENTS OR
VIOLATIONS
A. AHW will not contract for services to meet current building or
zoning code requirements or to correct for code violations, nor will
it contract for services when permits cannot be obtained. AHW will
not pay for the cost to obtain permits.
B. Except as required to maintain compatibility when equipment
manufactured to be 13 SHEER and/or 7.7 HSPF or higher
compliant, AHW 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 city, county, state, federal and utility regulations and
upgrades required by law.

VIII. MULTIPLE UNITS AND INVESTMENT PROPERTIES
A. If the contract is for duplex, triplex, or fourplex dwelling, then
every unit with in such dwelling must be covered by an AHW
contract with applicable optional coverage for coverage to apply
to common systems and appliances.
B. If this contract is for a unit within a multiple unit of five (5) or
more, then only items contained within the confines of each
individual unit are covered. Common systems and appliances are
excluded.
C. Except as otherwise provided in this section, common systems
an appliances are excluded.

IX. TRANSFER OF CONTRACT AND RENEWALS
A. If your covered property is sold during the term of this contract
You must notify AHW of the change in ownership and submit the
name of the new owner in order to transfer coverage to the new
owner.
B. You may transfer this contract at any time. There is no fee to
transfer contract.
C. This contract may be renewed at the option of AHW and where
permitted by state law. In that event You will be notified of the
prevailing rate and terms of renewal.
D. If You select the option to renew and AHW elects to renew your
contract, AHW will notify You of applicable rate and terms of
renewal during the tenth (10th) month of your contract. You will
automatically be renewed for a one (1) year of coverage period
unless You notify AHW in writing thirty (30) days prior to the
expiration of the contract. Your annual payment will be construed
as authorization for a one-time annual contract charge.



X. CANCELLATION
This is a maintenance agreement for repair, replacement, or
partial replacement of the products listed that are deemed
manufactured or sold by the manufacturer. This is not a contract
of insurance, residential service, warranty, or implied warranty.
You may cancel within the first thirty (30) days of the order date
for a refund of the paid contract fees. Less $50 administrative fee
and any service costs incurred by AHW.
This contract shall be non-cancelable by AHW except for;
1. Non-payment of contract fees;
2. Non- payment of Service Fee, as stated in SECTION III;
3. Fraud or misrepresentation of facts material by You to the
issuance of this contract;
4. Mutual agreement of AHW and You. If canceled after thirty (30)
days, You shall be entitled to a prorated refund of the paid
contract fee for the expired term, less $50 administrative fee and
any service costs incurred by AHW. All cancelation requests must
be submitted in writing.