Home Warranty Agreement
This Home Warranty Agreement, hereinafter referred to as the “Agreement”, is marketed and issued through Warranty Holdings Group, Inc., an Arkansas corporation, hereinafter referred to as the “Issuing Company”, “RepairUSA”, “RepairUSA Home Warranty”, or “we”, “us”, and/or “our”. The owner of the home covered by this Agreement is hereinafter referred to as “you” and/or “your”.
This Agreement is intended to provide protections against the cost of repairing certain types of mechanical failures of specific items in your home. THIS IS NOT AN INSURANCE POLICY.
Please read the Agreement carefully. Coverage includes only certain mechanical breakdowns of the specific items listed as covered on your Agreement Coverage Summary and excludes all other failures, malfunctions, breakdowns and/or items not specifically stated. The Agreement Coverage Summary is attached to and made a part of this Agreement and is incorporated herein by reference. Your specific type of warranty plan and the effective date is listed on your Agreement Coverage Summary. All warranty coverage is subject to the limitations, exclusions and conditions as specified in this Agreement.
Section 1 – Coverage
A. During the coverage period, we will arrange for a qualified service contractor to repair or replace the systems and/or appliances listed as covered in the Agreement Coverage Summary in accordance with the plan selected by you subject to the terms, conditions, limitations and exclusions of this home warranty agreement so long as system and/or appliances are:
1. Located within the confines of the main foundation of the home or attached garage (with the exception of the exterior well pump, air conditioner, and pool and/or spa equipment if selected).
2. In place and fully operational on the effective date of this contract.
3. Specified as “covered”. If a system and/or appliance is not specified as “covered”, then it is not covered.
4. Located in rooms or buildings not used primarily for commercial or business purposes. (Optional coverage may be purchased for home businesses.)
5. Become inoperative due to normal wear and tear.
6. Properly installed throughout the term of this contract for proper diagnosis.
Section 2 – Types Of Warranties and Effective Dates
A. Seller(s). The warranty coverage for the listing and sale period starts upon the issuance of a contract number by us and continues through the initial listing (up to 180 days), until close of sale, or until the listing is cancelled, whichever occurs first. In the event the close of sale does not occur within the 180-day period, We may, in our sole discretion, may extend the seller’s coverage period. If the application is received as a telephone or fax application, then coverage will start immediately upon issuance of a contract number by us. Seller’s coverage includes ONLY systems and/or appliances listed in Section 4 “Basic Choice Plan – Covered Systems And Appliances” of the Agreement and excludes all others. At close, warranty transfers to buyer for the term of one year at no extra charge.
B. Buyer(s). The warranty coverage begins at the close of sale, provided that the plan fee is paid to us and continues for one (1) year from that date. Any payments made by us during the seller’s coverage period (if applicable) for the repair or replacement of any covered item shall apply against any “per contract” or “per covered item” dollar limitations set forth herein. Any exclusion, denial, or suspension of service made by us during the seller’s coverage period of any covered item shall apply against the buyer’s coverage as set forth herein unless such item is repaired or replaced.
C. Open Direct Warranty. This warranty coverage is available to homeowners not immediately purchasing or selling their home (i.e., when the home is not listed for sale and/or it is more that seven (7) business days after closing), is effective thirty (30) days after required payment has been received by us and continues for one (1) year from that date, unless otherwise agreed by us in writing.
D. New Home Warranty. This warranty coverage, which is purchased by or on behalf of a new home buyer at the time of closing of a newly constructed single family home, is effective on the date of closing, provided required payment has been received by us within seven (7) days of closing and continues for one (1) year from that date, unless otherwise agreed upon by us in writing.
Section 3 – Customer Service ∙ To Request Service: 1.800.264.4282 or Visit www.repairusa.com.
A. You must notify us for work to be performed under this contract as soon as the problem is discovered. We will accept service calls 24 hours/day, 7 days/week at 1-800-264-4282 or online at www.repairusa.com. Notice of any malfunction or mechanical failure must be given to us prior to expiration of the term of Agreement during which the failure occurred. Failure to notify us of any malfunction or mechanical failures as provided by this provision will result in a denial of coverage.
B. Upon request for service, we will contact an authorized service contractor within four (4) hours during normal business hours and forty-eight (48) hours on weekends and holidays. The authorized service contractor will promptly 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. If you should request us to perform non-emergency or emergency service outside of normal business hours, you will be responsible for payment of additional expenses, including overtime or after hours rates charged by the authorized service contractor.
C. We have the sole right and authority to select the service contractor, which may be a service company affiliated with us, to perform the service, repair, and/or replacement. We will not reimburse you for services performed without our prior approval unless the contractor is a preferred service provider. We are not responsible for expenses you incur without our express consent. You will not be reimbursed for any costs associated with unauthorized repairs and/or replacements or any work performed by unauthorized contractors of any type.
D. For the “Basic Choice” plan you will pay $55 for each service call (*see option for $0 deductible), or the actual cost whichever is less. Additional calls may apply to certain repairs and replacements. The service call fee is for each call dispatched and scheduled to be run (except as noted in Section 3.E. below) including but not limited to, service calls wherein coverage is (in whole or in part) granted, excluded, limited, or denied. Please not that the service call fee applies in the event you fail to be present at the scheduled time of the service call; or in the event you cancel a call at the time the authorized service contractor is in rout to your home; or the authorized service contractor has already arrived at your home. The service call fee will be due and payable to the authorized service contractor at the time of the scheduled service call. We cannot and will not be responsible to you to respond to a new request for service when any previous service call fee is outstanding. Certain repairs and/or replacements may require you to pay a local and/or state permit fee to the authorized service contractor at the time the work begins, and to allow a state and/or local building inspector access to your home. (These fees are included with the “Total Choice” plan.) Failure to pay the service call fee or permit fee (if applicable), or to allow access to your home by the building inspector, will result in suspension of coverage until such time as the proper fee is paid or access is granted (if applicable). At that time, coverage will be reinstated; however, the contract term will not be extended.
E. If service work performed under this agreement should fail, then we will make the necessary repairs without an additional service call fee for a period of ninety (90) days on parts and thirty (30) days on labor.
Section 4 – “Basic Choice” Plan – Covered Systems and Appliances
The following systems and appliances are covered for the SELLER(S) “Basic Choice” plan and the BUYER(S) “Basic Choice” plan, OPEN DIRECT WARRANTY, and, NEW HOME WARRANTY “Basic Choice” plan. Certain limitations and exclusions apply to covered systems and appliances as noted hereinafter and in Section 7 “LIMITATIONS AND GENERAL EXCLUSIONS.”
A. Central Air Conditioning And Heat Pump
Covered: Refrigerative or evaporative cooling units, permanently mounted air conditioning units including compressors and coils, related components attached to said air conditioning units and heat pumps (must be centrally ducted).
Non-Covered: Free standing room units, window units, and any type of gas, geothermal or lithium/glycol unit including the ductwork associates with any gas units, filters, electronic air filters or cleaners, evaporative cooling pads, water towers, humidifiers. Note: Liability Limitations, see Section 7Q.
B. Heating System
Covered: Central Heating system including gas, electric, oil, gravity (centrally ducted only), steam of hot water heat systems, ductwork, permanently mounted wall units (if main source of heat to the home), interior gas lines.
Non-Covered: Coal or wood burning equipment, free standing or portable heating units, fuel oil lines, fuel oil or propane gas storage tanks, registers, chimneys, vents, electronic air filters and cleaners. Note: Liability Limitations, see 7Q.
C. Plumbing System
Covered: Leaks and breaks of water, drain, gas, waste, or vent lines, except if caused by freezing or roots; Toilet tanks, bowls, and related mechanisms (replaced with builder’s standard when replacement is necessary), toilet wax ring seals; Valves for showers, tubs, and diverter, angle stops, risers and gate valves; Permanently installed sump pumps (ground water only); Built-in bathtub whirlpool motor and pump assemblies. Polybutylene piping and repair or replacement.
Non-Covered: Stoppages; Collapse or damage to water, drain, gas, waste or vent lines caused by freezing or roots; Faucets and fixtures; Bathtubs and showers; Shower enclosures and base pans; Sinks; Toilet lids and seats; Caulking or grouting; Septic tanks; pressure regulators; Inadequate or excessive water pressure; Flow restrictions in fresh water lines caused by rust, corrosion, or chemical deposits; Sewer ejection pumps; Holding or storage tanks; Saunas or steam rooms; Hose bibs; Whirlpool jets.
Note: We will provide access to plumbing systems through unobstructed walls, ceilings, or floors, only, and will return the access opening to a rough finish condition. With respect to concrete covered, embedded, encased, or otherwise inaccessible plumbing systems, We will pay no more than $500 per contract term for access, diagnosis, and repair or replacement. Our authorized service contractor will close the access opening and return to a rough finish condition, subject to the $500 limitation. We shall not be responsible for payment of the cost to remove and replace any built-in appliances, cabinets, floor coverings or other obstructions impeding access to walls, ceilings, or floors.
D. Water Heater
Covered: All components and parts, including circulating pumps.
Non-Covered: Solar water heaters; Solar components; Holding or storage tanks; Noise: Fuel storage tank; and energy conservation unit; Flues and vents; Thermal expansion tanks.
E. Ductwork
Covered: Ducts from heating and/or heating unit to point of attachment at registers or grills and flex ductwork.
Non-Covered: Registers or grills; Insulation; Asbestos insulated ductwork; Dampers; Improperly sized ductwork including airflow problems; Rust; Deteriorated ductwork due to age or improper installation.
Note: We will provide access to ductwork through unobstructed walls, ceilings, or floors, only, and will return access opening to a rough finish condition. With respect to concrete covered, embedded, encased, or otherwise inaccessible ductwork, We will pay no more than $500 per contract term for access, diagnosis and repair or replacement. Our authorized service contractor will close the access opening and return to a rough finish condition, subject to the $500 limitation.
F. Dishwasher
Covered: All components and parts.
Non-Covered: Racks; Baskets; Rollers.
G. Oven/Range/Cooktop
Covered: All components and parts.
Non-Covered: Clocks (unless they affect the function of the oven); Meat probe assemblies; Rotisseries; Racks; Handles; Knobs; Sensi-heat burners will only be replaced with standard burners.
H. Kitchen Refrigerator (Must be located in kitchen)
Covered: All components and parts.
Non-Covered: Racks, shelves, ice makers, ice crushers, beverage dispensers and their respective equipment, interior thermal shelves, food, spoilage, and freezers which are not an integral part of the refrigerator.
I. Built-In Microwave Oven
Covered: All components and parts.
Non-Covered: Interior linings; Door glass; Shelves; Portable or counter top units; Meat probe assemblies; Rotisseries; Clocks.
J. Garage Door Opener
Covered: All components and parts including switches, compactors, motor, push pan, track assembly, receiver unit and carriage.
Non-covered: Garage door, hinges, springs, and remote sending units.
K. Electrical System
Covered: Electrical wiring, circuit breaker panels, switches, and receptacles.
Non-Covered: Fixtures; Intercoms; Inadequate wiring capacity; Power failure or surge; Direct current.
L. Garbage Disposal
Covered: All components and parts, including entire unit.
Non-covered: Overloading; Damage due to non-food items in disposal.
M. Attic Fans, Ceiling Fans and Exhaust Fans
Covered: All motors, switches, controls, bearings and blades.
Non-covered: Belts, shutters, and filters.
N. Trash Compactors
Covered: All components and parts.
Non-Covered: Lock and key assemblies; Removable buckets.
O. Telephone Wiring
Covered: All low voltage wiring.
Non-Covered: Face plate and accessories.
P. Door Bell
Covered: All components and parts.
Non-Covered: Wiring and low voltage.
Q. Smoke Detectors
Covered: All components and parts.
Non-Covered: Batteries.
R. Central Vacuum
Covered: All components and parts.
Non-Covered: Hoses, bibs, and accessories.
S. Sump Pump
Covered: Permanently installed only.
Non-Covered: Sewer ejection pumps.
T. Bathtub Whirlpool
Covered: All motor and pump assembly.
Non-Covered: Whirlpool jets and air switches.
Section 5 – “Total Choice” Plan for BUYER(S), OPEN DIRECT WARRANTY and NEW HOME WARRANTY
In addition to the warranty coverage provided in the “Basic Choice” plan, the following coverage is included in the “Total Choice” plan.
A. Clothes Washer/Dryer
Covered: All components and parts.
Non-covered: Plastic mini-tubs; Soap dispensers; Filter screens; Knobs and dials; Venting; Lint screens; Damage to articles and clothing.
B. Kitchen Refrigerator Ice Maker
Covered: All components and parts.
Non-Covered: Racks, shelves, ice makers, ice crushers, beverage dispensers and their respective equipment, interior thermal shelves, food spoilage, and freezers which are not an integral part of the refrigerator.
C. Burglar and Fire Alarms
Covered: All components and parts.
Non-covered: Low voltage wiring, door and window sensors.
D. System/Appliance Maintenance
Covered: Heating and air conditioning, refrigerator, freezer, washer and dryer and all household motor bearing appliances.
Non-Covered: All other systems and appliances.
Note: This coverage is limited to one (1) visit annually.
E. Roof Leak Repair
Covered: Water leaks that occur in the roof located over the occupied living area (except garage), provided the leaks are a result rain and/or normal wear and tear and deterioration and the roof was watertight and good condition at the time of close.
Non-Covered: Pre-existing leaks, gutters, drain lines, roof-mounted installations, leaks in any deck or balcony, or leaks which result from or are caused by any of the following: Missing and/or broken shingles or tiles, damaged performed in a workman-like manner, failure to perform normal roof maintenance and acts of God such as fire, tornado, hurricane, earthquake and lightening. $300 limit per contract term.
Section 6 – “Optional” Plan for BUYER(S), OPEN DIRECT WARRANTY and NEW HOME WARRANTY
(Available upon payment of additional contract fee)
Note: “Optional” plan is not available for SELLER(S). BUYER(S) and NEW HOME WARRANTY may purchase any optional coverage for up to thirty (30) days after the close of sale. However, coverage shall not commence until receipt of payment by us and all “Optional” plan coverage shall expire upon expiration of the applicable coverage periods as provided in Section 2. Certain septic limitations and exclusions apply to covered systems and appliances as noted hereinafter and in Section 7 “Limitations and General Exclusions”.
A. System/Appliance Maintenance
Covered: Heating and air conditioning, refrigerator, freezer, washer and dryer and all household motor bearing appliances.
Non-Covered: All other systems and appliances.
Note: This coverage is limited to one (1) visit annually.
B. Pool and/or Spa Equipment (Excludes portable or above ground spas)
Covered: Both built-in pool and built-in spa equipment (exterior hot tub and whirlpool) are covered if they utilize common equipment. If they do not utilize common equipment, then only one or the other is covered unless an additional fee is paid. Coverage applies to above ground, accessible, working components and parts of the heating, pumping, and filtration system as follows: Heater; Pump; Motor; Filter; Filter Timer; Gaskets; Blower; Timer; Valves, limited to back flush, actuator, check valve, 2 and 3 way valves; Relays and switches; Pool sweep motor and pump; Above ground plumbing pipes and wiring.
Non-Covered: Lights; Liners; Structural defects; Solar equipment; Jets; Ornamental fountains, waterfalls, and their pumping systems; Pool cover and related equipment; Fill line and fill valves; Built-in or detachable cleaning equipment such as, but not limited to, pool sweeps, pop-up heads, turbo valves, skimmers, chlorinators and ionizers; Fuel storage tanks; Disposable filtration mediums; Heat pump; Portable or above ground spas.
C. Additional Pool and/or Spa Equipment (Excludes portable or above ground spas) Same as Section 6B.
D. Well Pump
Covered: All components and parts of well pump utilized as the main source of water to the home.
Non-Covered: Well casings; Pressure tanks; Piping or electrical lines leading to or connecting pressure tank and main dwelling including wiring from control box to the pump; Holding or storage tanks; Re-drilling of wells; Booster pumps; Well pump and well pump components for geothermal and/or water source heat pumps.
Note: We will pay no more than $1500 per contract term for access, diagnosis and repair or replacement.
E. Second Refrigerator
Covered: All components and parts.
Non-Covered: Racks; Shelves; Drawers; Ice Makers, Ice crushers, beverage dispensers and their respective equipment; Interior thermal shelves; Food spoilage; Freezers which are not an integral part of the refrigerator.
F. Stand Alone Refrigerator
Covered: All components and parts.
Non-Covered: Racks; Shelves; Drawers; Ice Makers, Ice crushers, beverage dispensers and their respective equipment; Interior thermal shelves; Food spoilage; Freezers which are not an integral part of the refrigerator.
G. Septic (Coverage for septic system begins thirty (30) days from date of closing)
Covered: Ejector pumps septic tank and line from the house.
Non-Covered: Tile fields and leach beds, insufficient capacity or clean out.
Section 7 – Additional Coverage Limitations and General Exclusions
A. The following are not covered under the BUYER(S) Basic Choice, BUYER(S) Total Choice, SELLER(S) Basic Choice and EXISTING OPEN DIRECT WARRANTY. 1. Any defects, malfunctions or improper operation due to rust, corrosion and pre-existing conditions. 2. EXISTING OPEN DIRECT WARRANTY is not in effect for the first thirty (30) days and all other plans until RepairUSA Home Warranty has receipt of funds with the exception of SELLER(S) Basic Choice which is due at closing or when the house is sold. 3. Collapsed ductwork. 4. Fees associated with code upgrades and ductwork modifications.
B. We are not responsible for providing or closing access to covered items except as noted in Sections 4, 5 and 6.
C. You may be charged an additional fee by the contractor to dispose of old appliances, systems, or components, 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.
D. We are not responsible for restoration of any wall coverings, floor coverings, cabinets, countertops, tiling, paint, or the like, nor the repair of any cosmetic defects.
E. Electronic, computerized or energy management systems or devices, or lighting and appliance management systems are not covered.
F. RepairUSA Home Warranty is not liable for consequential or secondary damages nor for failure to provide timely service due to conditions beyond its control including, but not limited to, delays in obtaining parts or equipment and labor difficulties.
G. We are not liable for repair of conditions caused by chemical or sedimentary build up, misuse or abuse, failure to clean or maintain, missing parts, structural changes, fire, freezing, electrical damage, pest damage, acts of God, or failure due to excessive or inadequate water pressure.
H. We have the sole right to decide whether a covered system or appliance will be repaired or replaced. We are responsible for installing replacement equipment of similar features, capacity, and efficiency, but nor 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 mandated by federal, state, or local governments. Nor are we responsible for the construction, carpentry, or other modifications made necessary by the existing equipment or equipment upgrades.
I. We are not responsible for repairs due to inadequacy, lack of capacity, improper installation, previous repair or design, manufacturer’s defect, and any modification of the system or appliance. We do not perform routine maintenance. Unless a maintenance plan is purchased, you are responsible for providing maintenance and cleaning on covered items as specified by the manufacturer to ensure continued coverage on such items. For example, heating and air conditioning systems require periodic cleaning and/or replacement of filters and cleaning of evaporator and condenser coils. Water heaters require flushing of sediment.
J. We reserve the right to obtain a second opinion at its expense.
K. We are not responsible for repair or replacement of systems and appliances classified by the manufacturer as commercial.
L. We are not responsible for any repair, replacement, installation, or modification of any covered system or appliance arising from a manufacturer’s recall of said covered items, nor any covered item while still under an existing manufacturer’s distributor’s, or in-home warranty.
M. We reserve the right to provide cash back in lieu of repair or replacement in the amount of our actual cost (which at times may be less than the retail) to repair or replace such item subject to the terms of the contract.
N. We reserve the right to rebuild a part or component, or replace with a rebuilt party or component.
O. We are not responsible for the repair or replacement of any system or appliance or component or part thereof that has been previously, or 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, formulas, manufacturing process, or other manufacturing defect.
P. We are not, under any circumstances, responsible for the diagnosis, repair, removal, or remediation of mold, mildew, rot or fungus, or any damages resulting from mold, mildew, rot or fungus, even when caused by or related to the malfunction, repair or replacement of a covered system or appliance.
Q. Limitations of Coverage: Regardless of the number of claims for repair or replacement, the maximum aggregate liability for us is $1,500 for heating, air conditioning and heat pump systems. Heat exchangers will be covered if a defect or malfunction would not have been detectable to an inspector or service professional by visual inspection or mechanical test (such as a carbon monoxide test).
R. The septic and water well systems limits are $300 each.
Section 8 – Building and Zoning Code Requirements or Violation
We are not responsible for any upgrades, work or costs required to comply with any federal, state, or local laws, regulations, or ordinances or utility regulations, or to meet current building or zoning code requirements, or to correct for code violations. We are not responsible for service when permits cannot be obtained, nor will it pay any costs relating to permits except as provided in the “Total Choice” plan. We will not contract to perform service nor pay for costs involving hazardous waste or toxic materials including, but not limited to, asbestos, mold, lead paint, sanitation of sewage spills, nor will we pay costs related to recapture or disposal of refrigerants, contaminants, hazardous, or toxic materials.
Section 9 – Multiple Units and Investment Property
A. If this contract is for duplex, triplex, or fourplex dwelling, then every individual unit within such dwelling must be protected by us for protection to apply to common systems. Should any unit within such dwelling not be protected by us there will be no coverage for any common systems.
B. If this contract is for a dwelling within a multiple unit of five (5) dwelling units or more, then only items contained within the confines of each individual unit are protected.
C. Except as otherwise provided in this section, common systems and appliances are not protected.
Section 10 – Transfer of Contract and Renewals
If the covered property changes ownership during the contract term, please call 1-800-264-4282 for further information to transfer coverage to the new owner. This contract may be transferred or renewed at our discretion and where permitted by state law. In that event, you will be notified of the prevailing rates and terms for renewal.
Section 11 – Cancellation
This contract shall be non-cancelable during the coverage term, except we may cancel and terminate this Agreement for the following reasons:
A. Non-payment of contract fees.
B. Fraud or misrepresentation of facts material to the issuance of this contract.
C. When the contract is for SELLER(S) coverage and close of sales does not occur.
Section 12 – General Provisions
A. Assignment. In the event of assignment or transfer of title of the covered property, this Agreement may be assigned and/or transferred at our option where permitted by state law and when the applicable fee has been paid. We reserve the right to charge a transfer fee not to exceed $25.
B. Waiver. Should we waive any of our contractual rights, such waiver will not constitute a future waiver of said rights.
C. Dispute Resolution. Any controversy or dispute resulting from a claims settlement under this contract shall be settled by binding arbitration conducted in Arkansas, unless another location is agreed to by both parties, in accordance with the existing rules of the American Arbitration Association. Any award rendered by the arbitrator(s) shall be final, binding and conclusive on all parties for all jurisdictions. The arbitrator(s) shall cause the losing party to pay the reasonable attorneys’ fees and costs of the prevailing party and disbursements related to the arbitration process and any appeal thereof. Any controversy or claim must be submitted to arbitration within six (6) months (or other period required by law) from date on which controversy or claim first arose and if not brought within such time (time being of the essence), the party seeking to resolve such controversy or claim shall lose all rights and remedies with respect hereto.
D. Disclosure. The price of the Agreement includes the full amount of all fees due and payable as well as the costs of processing and administration for the Issuing Company and its agents where allowable by law. Any applicable state or local sales taxes are in addition to the price of the Agreement.
E. Entire Agreement. The terms, limitations, conditions and exclusions set forth in this Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and understandings of the parties hereto, oral or written, with respect to the subject matter hereof. Except as provided herein, all other warranties, expressed or implied, are hereby disclaimed. The invalidity or unenforceability of any provision hereof will not affect the validity or enforceability of any other provision hereof. This agreement contains the entire understanding of the parties hereof relating to its subject matter hereof, and supersedes all prior agreement and understandings of the parties hereof, oral or written, with respect to the subject matter hereof. Except as provided herein, all other warranties, expressed or implied, are hereby disclaimed. No change of this Agreement will be binding unless signed by the party to be charges. A waiver by either party of any provision of this Agreement in any instance will be deemed waived for the future. All remedies, rights, undertakings, and obligations contained in this agreement are cumulative, and none of them are in limitation of any other remedy, right, undertaking, or obligation of either party. Nothing contained herein will be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation, the latter will prevail; But the provision of this Agreement which is affected will be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
F. Choice of Law. This Agreement has been entered into in the State of Arkansas. The validity, interpretation and legal effect of this Agreement is governed by the State of Arkansas applicable to contracts entered into and performed entirely within such state. The Arkansas courts (state and federal), located in Craighead County, Arkansas, will have exclusive jurisdiction over any controversies regarding this Agreement, and the parties hereto consent to the jurisdiction of said courts.
G. Issuing Company. The Home Warranty Agreement is issued by Warranty Holdings Group, Inc.
H. Cancellation. If this contract is cancelled, the provider of funds shall be entitled to a pro rata refund of the paid contract fee for the unexpired term, less an administrative fee and any service cost incurred by us.
I. Headings. The headings of the sections of this Agreement and the information set forth in the Home Warranty Protection Plan brochure are intended for convenience only and for general information and these shall not be of any effect in the construing the contents of this Home Warranty Agreement.
