Maintenance Agreement Terms and Conditions

THIS IS A MAINTENANCE AGREEMENT FOR SPECIFIED HVAC AND APPLIANCES. THIS IS NOT A CONTRACT OF INSURANCE OR SERVICE CONTRACT. 

I.  DEFINITIONS

1. “Provider”, “We”, “Us” and “Our”: means the company obligated under this Agreement, New Leaf Service Contracts, Inc., 433 E. Las Colinas Blvd., Suite 900, Irving, TX 75039 877.634.0964.
2. “Administrator”: means New Leaf Service Contracts, Inc., 433 E. Las Colinas Blvd., Suite 900, Irving, TX 75039 877.634.0964
3. “Authorized Technician” means the contractor We assign in response to Your request for Maintenance.
4. “Maintenance Agreement” means this contract between You and Us.
5. “Covered Property” means the address that is eligible for maintenance. Covered Property must not be commercial property or residential property converted, in whole or in part, into a business. Maintenance benefits are eligible for primary residence only. Separate structures, such as guest houses, are not eligible for benefits.
6. “Trade Call Fee” means an amount due by You for a Maintenance visit by an Authorized Maintenance Technician.
7. “SEER Standard” mean the then-current U.S. Department of Energy Seasonal Energy Efficiency Ratio (SEER) requirement where the Covered Property is located.
8. “Visual Inspection” means a non-invasive examination of covered home systems or appliances performed by the warranty provider, contractor, or technician. The inspection is limited to what can be seen without dismantling, removing, or testing components, and is intended to identify obvious defects, damage, or wear.
9. “Simple Mechanical Test” means a basic functional check of a Covered Item to confirm it operates as intended. This may include turning a system or appliance on/off, running it through a normal operating cycle, or testing standard controls. It does not involve complex diagnostics, disassembly, or use of advanced testing equipment.

II.  REQUESTING MAINTENANCE

1. Have Your Agreement Number, make or model of the Covered Items, and Covered Property’s complete street address available.
2. You will pay the Trade Call Fee, stated on Your Declarations Page.
3. The Trade Call Fee is for each individual product visit by an Authorized Technician. The Trade Call Fee is not reimbursable if You fail to be present at a scheduled time, or in the event You cancel a maintenance call at the time when the Authorized Technician is on the way to Your home, or already at Your home.
4. We have the sole right to select the Authorized Technician to perform the Maintenance. We will not reimburse for maintenance performed without prior approval. Maintenance will not be performed if the Authorized Technician is prevented from entering the Covered Property due to the presence of animals, insects, unsafe conditions, or if the Covered Item is not easily accessible. In this event, the Trade Call Fee is not reimbursable.

III.  EFFECTIVE DATE

1. The maintenance benefit is effective at the time of the Home Warranty purchase, provided required payment has been received by Us.
2. The maintenance benefit is subject to a 90-day waiting period from the date of plan purchase before maintenance can be requested.

IV.  MAINTENANCE SERVICE TERMS

1. After the initial ninety (90)-day period, the customer is entitled to one (1) maintenance visit per calendar quarter during the term of coverage. Each quarterly maintenance visit is limited to one (1) product type. Unused maintenance visits do not roll over or accumulate.  
2. COVERED SYSTEMS

B. COVERED APPLIANCES

V.  LIMITS

1. We are not liable for losses or damages resulting from un/misdiagnosis or delays in completing repairs.
2. Model/Serial Numbers. We are not responsible for maintenance of a system or appliance lacking a visible Model or Serial Number.
3. Obstructed Items. We are not responsible for providing access to, or closing access from, any Covered Item which is concrete- encased or otherwise obstructed or inaccessible (including but not limited to beneath crawl spaces, floor coverings, systems, cabinets, etc.).
4. Hazardous Materials. We will have no liability for the removal of, failure to detect, or contamination of any asbestos, radon gas, mold, or other hazardous products or materials as a result of failure to detect any asbestos, radon gas, mold, or other hazardous products or materials.
5. Consequential Damages. We are not responsible for consequential or secondary damages.
6. Loss of Use Damages. WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR ECONOMIC DAMAGES FOR LOSS OR DAMAGES TO ANY PERSON OR PROPERTY ARISING FROM THE LOSS OF USE OR THE INABILITY TO USE ANY COVERED ITEMS OR PROPERTY TO THE EXTENT SUCH MAY BE DISCLAIMED BY LAW, AND YOU EXPRESSLY WAIVE THE RIGHT TO ALL SUCH DAMAGES.
7. Repairs/Replacements. We are not responsible for any additional repairs required or product replacements.

VI.  AGREEMENT TERMS

We will provide You with written notification of any material changes to this Agreement 30 days in advance of the implementation of such changes. You may not receive a notice when the changes are favorable to You or when changes are mandated by a regulatory agency. After notice of a material change, You may terminate this Agreement by providing written notice within the 30-day period prior to the effective date of the change. If you do not respond prior to the expiration of the 30-day period, You will be deemed to have accepted the change.

VII.  ARBITRATION

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. THIS SECTION SHALL NOT APPLY IF PROHIBITED IN YOUR STATE.

Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement.

Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under Agreement, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties.

YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS-ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT.

The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at www.adr.org or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. 

NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

VIII.  USE OF PERSONAL INFORMATION

By entering into this Agreement, You agree that any personal information that You provide to Seller, Provider, and/or Administrator in connection with this Agreement, whether required or not, constitutes permission for Seller, Provider, and/or Administrator to add Your personal information to customer databases and to use and share your information as set forth in the Privacy Policies of the

Seller, Provider and Administrator. You may opt out of receiving marketing communications from Seller, Provider, and/or Administrator as set forth in the Privacy Policy or as provided within any marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of emails).

IX.  TRANSFER OF AGREEMENT

If Your Covered Property is sold during the Coverage Period, You may transfer this Agreement to the new owner by notifying Us. You must inform Us of the change of ownership and provide the name, email address, and phone number of the new owner. A copy of the Agreement is available upon request. You may not otherwise assign this Agreement without Our prior written consent.

We may assign this Agreement, in whole or in part, without Your consent, to the fullest extent allowed by law. You understand and agree that, in the event of such an assignment, We will have no further obligation to You.