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SAMPLE CONTRACT, TERMS, CONDITIONS, COVERAGES & LIMITATIONS













DEEP SOUTH APPLIANCE

SMART SHIELD AGREEMENT
This Smart Shield Agreement, hereinafter referred to as the “Agreement”, is issued by the entity listed for your state on the Coverage Summary page. Such entity is hereinafter referred to as the “Issuing Company”, 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 is a Smart Shield Agreement, NOT an insurance policy. This Agreement is intended to provide protection against the cost of repairing certain types of mechanical failures of specific Items in your home. Please read the Agreement carefully. Coverage includes only certain mechanical failures of the specific Items listed as covered on your Agreement Coverage Summary and excludes all other failures and/or Items. The Agreement Coverage Summary is attached to and made a part of this Agreement. Coverage is subject to the limitations and conditions specified in this Agreement. This Agreement has provisions for the use of final and binding arbitration to resolve disputes and otherwise limits the remedies available to you. Please see DISPUTE RESOLUTION section for more information about arbitration. I. BASIS FOR COVERAGE We agree to pay the covered costs to repair, replace or Offer funds towards Replacement Units for the Items listed as covered on your Agreement Coverage Summary (“Covered Items”) if any such Covered Items become inoperable during the term of this Agreement due to mechanical failure caused by routine wear and tear, subject to the terms and conditions of this Agreement. Determination of coverage for any claim will be made solely by us, considering, without limitation our service diagnosis. We reserve the right, at our option, to replace Covered Items rather than repair them. The definitions of the specific Items that may be listed on your Agreement Coverage Summary as covered, as well as other limitations on coverage and other terms and conditions, are listed below. Items are also subject to replacement with use of used parts or appliances.This Agreement covers only mechanical failures relating to the mechanical parts and components of those domestic-grade Covered Items that were in the home and in proper operating condition on the Agreement effective date. “Domestic-grade” items are those that were designed and/or designated by the manufacturer, manufactured and marketed solely for installation and use in a residential single family dwelling. “Mechanical failure” occurs when a Covered Item becomes inoperable and unable to perform its designed function, subject to the limitations and conditions set forth herein. Mechanical failure is not covered if it is due to lack of routine care and maintenance or misuse. We will cover a preexisting mechanical failure provided the failure could not have been detected by visual inspection or simple mechanical test prior to the effective date of the Agreement. A visual inspection of the Covered Items is considered to mean the viewing of an Item to verify that it appears structurally intact and without damage or missing parts that would indicate inoperability. A simple mechanical test means the ability to turn the unit off and on verifying the Item operates without irregular sounds or smoke that may indicate a problem. In certain instances, we may require documentation from you during a claim review.Mechanical failure of kitchen/laundry appliances, refrigeration/cooing system and heating system due to rust and corrosion is not covered, unless such failure occurs after the Agreement effective date. The Covered Items will be deemed to have been in “proper operating condition” on the Agreement effective date if it was correctly located within the home, was properly installed to code at the time of installation, was fully connected, was capable of successfully performing all operations commensurate with the manufacturer’s original design intention, and did not pose any hazard to life or property. Determination of the operating condition as of Agreement effective date, and the nature of any failure, will be made by us based upon the professional opinion of our direct employees, considering, without limitation, our independent service contractor’s diagnosis.II. DEFINITION OF ITEMSThis Agreement provides coverage only for those Items specifically listed as being covered on your Agreement Coverage Summary. Please refer to your Agreement Coverage Summary.This Agreement defines precisely what mechanical systems and appliances, and which of their parts and components, are covered only those Items specifically so described are covered, subject to the limitations and conditions herein. The Items listed in this section as “Examples of Items/Conditions Not Covered” are not meant to be all-inclusive and are provided for illustration. They do not limit our right to decline coverage for Items not on the lists and should not in any way be deemed an expansion of Items specified as Covered.1. Kitchen/Laundry AppliancesDescription of Covered Items: Mechanical parts and components affecting the proper operation of one (1) of each of the following appliances located in the primary kitchen and laundry: refrigerator or combination refrigerator/freezer built-in dishwasher built-in microwave oven range/oven/cook-top self-contained range exhaust unit located above the range built-in trash compactor clothes washer and clothes dryer. Covered mechanical parts and components include only the following: icemakers and ice and water dispensers built into the primary refrigerator (excluding external water supply lines) automatic soap dispenser belts compressor condensers control timers (oven/range clock-timers are excluded unless failure prohibits normal cooking function) clothes dryer heating elements clothes dryer drum clothes dryer drum rollers defrost heaters electronic components evaporators fan motors gas valves hinges hoses ignitor and pilot assemblies internal wiring latch assemblies motors power cords pulleys pumps ram assembly range/cooktop/heating elements/burners solid state control boards switches and relays thermostats touch pads tracks transmissions wash arm assemblies (dishwasher only) washing machine tubs, agitators and door seals (front load washers only) and water valves (dishwasher, clothes washer and refrigerator only). In no event shall we be liable for claims in excess of $750 in the aggregate per appliance per Agreement term for commercial-like or ultra-premium appliances (see IV. General Exclusions and Limitations, Item 7.).Examples of Items/Conditions Not Covered: Automatic deodorizers buckets commercial units damage to clothing doors door cables door glass door seals (other than for front load washers) drawers drip pans exhaust fan not solely for venting range/cooktop fumes filters and screens food spoilage standalone or self-contained icemakers and ice/water dispensers external water supply lines independent telescoping range exhaust interior lining internal shelves knobs and handles light bulbs and fixtures lock and key assemblies panels and/or cabinetry racks removable mini-tubs rollers other than clothes dryer drum rollers rooftop exhaust units rotisseries and probes secondary units shelves springs structural components timers and clocks (oven/range clock-timers are excluded unless failure prohibits normal cooking function) trays venting conditions of water flow restriction due to scale, minerals and other deposits.III. SERVICE1. When repair or replacement services covered by this Agreement are required, call us at 770-445-8836 or submit a Service Call claim through the website deepsouthappliance.com. Telephone service is available Monday thru Friday 8 am to 5 pm, Five (5) days a week. You must notify us immediately upon discovery of any mechanical failure, and prior to the expiration of the term of the Agreement during which the failure occurred. If you fail to notify us of any mechanical failure prior to the expiration of the term of the Agreement during which the failure occurred, we will not be responsible for the cost of any repairs and/or replacements resulting from the mechanical failure.2. We will provide you with repair service. We will use reasonable efforts to within three (3) days after the service request is received during normal business hours and the following business day on weekends or holidays. In the event we determine, at our sole discretion, that there is an emergency situation requiring expedited service, we will make reasonable efforts to expedite service. We will determine, at our sole discretion, which repairs constitute an emergency and will give consideration to covered mechanical failures that affect the habitability of the dwelling.3. We have sole authority to select independent service contractors. All repair and/or replacement work covered by this Agreement must be performed by a pre-approved independent service contractor, and all repair and replacement services must be approved by us in advance. We are not responsible or liable for and will not cover any expenses you incur without our prior express consent, and we will not reimburse you for any costs you incur associated with unauthorized repair or replacement work performed by unauthorized contractors.4. This Agreement includes a deductible charge, listed on your Agreement Coverage Summary, that you must pay per trade on each service call made towards the covered portion of any claim. When a covered claim requires more than one trade to complete the covered repair/replacement only one deductible charge will be required. Trades include appliance, air conditioning, heating, electrical, plumbing, and any other trade specifically required to service Covered Items listed on your Agreement Coverage Summary. You are responsible for and shall pay the independent service contractor directly for the service call and for actual work performed and/or Item installed, up to the amount of the deductible at the time of visit(s), in a manner acceptable to the independent service contractor. You are responsible for and shall pay the independent service contractor for any amounts due for services performed or parts installed that are not covered under the terms, conditions and provisions of this Agreement. A service call includes, without limitation, inspecting, diagnosing, and/or performing service for the repair or replacement of a malfunctioning Item.5. You will provide access to the covered property during normal business hours for the independent service contractor to diagnose, obtain approval for, and/or complete repairs for covered mechanical failures. You will pay us and/or our independent service contractor for any service charges and additional charges assessed by our independent service contractor resulting from your failure to provide access to the covered property and/or for missed appointments.6. Should any building or zoning permits be necessary, you are responsible for paying for and/or obtaining these permits and the cost associated with these permits.7. At our discretion, we may elect to Offer Funds for an item rather than repair it. The decision to Offer Funds for an item rather than repair Covered Items is solely our option. We are not required to provide exact match in color, dye, lot, material, type or brand, including but not limited to professional series or ultra-premium appliances, (see IV. General Exclusions and Limitations, Item 7.)8. At our discretion, we may give you the option to elect to receive a repair/replacement credit or cash payment (net of deductible) in lieu of providing a repair. In such cases, the amount of such credit shall be equal to the lesser of the approved cost of repair or the estimated cost of replacement not to exceed $750. If you elect the cash payment, you must supply documentation supporting that the Item in question has been purchased or replaced prior to receiving the cash payment. Any replacement Item must be installed in the covered property as listed on the Agreement Summary Page. The amount of the approved cost of repair or replacement will be established by us at our sole discretion. We reserve the right to inspect repaired and/or replacement Items.9. We reserve the right to obtain, at our expense, a second opinion by an independent service contractor prior to determining eligibility for coverage.IV. GENERAL EXCLUSIONS AND LIMITATIONS1.This Agreement shall not cover any Item(s) if they are: mismatched (systems with components having capacity ratings) modified from the original manufacturer design or application items 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 and/or formulas, manufacturing process or any other manufacturing defect improperly installed or below the slab or basement floor of the home or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning unit, main electrical panel) or unless specifically covered with optional coverage purchased for items outside the main perimeter.2. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as, without limitation: abuse, misuse or neglect improper or insufficient maintenance lightning strikes missing parts animal, pet and/or pest damage power failure power surge fire casualty acts of God structural and/or property damage flood smoke earthquake freeze damage accidents war acts of terrorism nuclear explosion, reaction, radiation or radioactive contamination insurrection riots vandalism or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.3. This Agreement does not cover upgrading or making modifications to items due to, but not limited to the following reasons: capacity (over or undersized) dimensional or design change conditions of insufficient or excessive water pressure conditions of inadequate wiring capacity circuit overload power failure and/or surge failure to meet building code(s) zoning requirements utility regulations or failure to comply with local, state or federal laws or regulations.4. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the existing equipment or installation of different equipment. This Agreement does not cover any costs associated with any upgrades or modifications required to comply with federal, state, and local law, code, regulation, or ordinance. All such costs are your responsibility.5. SEER (Seasonal Energy Efficiency Ratio) operational compatibility: If we elect to replace an air conditioning condenser or heat pump unit, and it becomes necessary to make a mechanical modification to the evaporator coil in order to provide operational compatibility, we agree to pay the covered costs for one (1) of the following (determination is at our sole discretion) only: expansion metering device, or coil, or air handler. This Agreement does not cover any costs associated with modifications or upgrades required to match efficiency value, rating or ratio.6. This Agreement does not cover: fees associated with the removal and disposal of old systems, appliances, components and Items fees or costs, including, without limitation disposal fees arising from hazardous or toxic material, asbestos, refrigerant or refrigerant reclamation.7. This Agreement does not cover any of the following: repair or replacement of systems, appliances or components classified by the manufacturer as commercial-grade. In no event shall we be liable for claims in excess of $750 in the aggregate, per agreement term, per commercial-like or ultra-premium appliance including, without limitation, brand names such as Bosch, Dacor, Delfield, Fisher & Paykel, GE Monogram Series, Jenn–Air, Meile, Sub-Zero, Thermador or Viking (individual trademarks are owned by the brand name company).8. This Agreement does not cover (a) fees associated with use of cranes or other lifting equipment required to service any Item or system or (b) excavation or other charges associated with gaining access to the well pump or (c) electronic computerized energy management systems or devices, or lighting and/or appliance management systems.9. This Agreement does not cover ductwork with the sole exception of ductwork that is exposed and readily accessible to service a mechanical failure of a covered air conditioning or heating system or item. This Agreement does not cover asbestos, insulated ductwork, concrete encased or inaccessible ductwork, crushed/collapsed ductwork, ductwork damaged by moisture, water, pests and/or animals, insulation, registers, grills and dampers, or underground ductwork. Inaccessible ductwork refers to ductwork that is used in central heating and/or air conditioning systems that is not exposed and cannot readily be accessed for replacement or repair due to design and installation obstacles such as, but not limited to, permanent partitions, chimneys, etc., and ductwork embedded in floors, walls or ceilings.10. This Agreement does not cover any costs incurred to gain access to a covered item, system, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property. This Agreement does not cover any costs associated with equipment to gain access or permit serviceability such as but not limited to scaffolding.11. This Agreement does not cover delays or failures to provide service caused by, or related to: any of the exclusions listed herein shortages of labor and/or materials or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent service contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.12. This Agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any Item or system, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.13 This Agreement does not cover repairs or replacements of any item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or home warranty. Our coverage is secondary to such insurance, warranties, or guarantees.14. This Agreement does not cover any mechanical failure when the covered item or system has been repaired, modified, disabled or adjusted in any way which prevents us or our independent contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. This Agreement does not cover mechanical failure to any covered item or system that has been improperly altered, repaired, installed, modified or damaged in the course of remodeling or unauthorized repair.15. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around Covered Items and/or systems to ensure that these items and/or systems are able to function properly as specified by the manufacturer.16. Subject to the limitations and exclusions in this Agreement, our maximum liability per covered claim submitted pursuant to this Agreement (i.e. a payment made as a result of a request for service due to a single mechanical failure of a single covered Item) shall not exceed $750.17. We are not liable for any damages that result from an independent contractor’s service, delay in providing service or failure to provide service. We are not liable for any incidental, consequential, special, and/or punitive damages, whether caused by negligence or any other cause, and you agree to waive any and all claims for such damages, arising from, resulting from or related to any independent service contractor’s service, delay in providing service or failure to provide service, including, but not limited to, damages, resulting from delays in securing parts and/or labor, the failure of any equipment used by an independent service contractor, labor difficulties, and/or the negligent, tortuous and/or unlawful acts or omissions of any independent service contractor.18. Under any and all circumstances, our maximum liability, in the aggregate, for any and all claims submitted per term of this Agreement shall be $750. This aggregate maximum liability per term of the Agreement includes any and all covered claims made in accordance with the terms of this Agreement, as well as any and all claims, causes of action and/or rights of action, whether filed in arbitration or any court of law, for breach of contract, negligence, torts, strict liability, claims arising under any state or federal statute (to the extent such limitations are permitted by law), indemnification, contribution, and/or subrogation.19. Customers wishing to Purchase this plan without a repair are subject to a monthly fee of $45 per month for 12 months, a $100 deductible service fee and a 45 day waiting period to make a claim.V. PROPERTIES ELIGIBLE FOR COVERAGE1. This Agreement covers a single family residence, including a condominium, townhouse or villa used solely for residential purposes. Multi-family residential income property of more than two-units is not eligible for coverage. Any dwelling used in whole or in part for commercial purposes such as, but not limited to, a day care facility, a group home (5 or more unrelated individuals cohabiting in same household) or fraternity-type house, “bed and breakfast”, church or school will not be covered. Notwithstanding the exclusion of “group homes”, this Agreement provides coverage under a special exception for special purpose group homes devoted to housing persons with mental and physical disabilities, as those terms are defined by the Americans with Disabilities Act at Title 42 of the United States Code Section 12102(2)(A). Homes listed or registered in any historical register, including without limitation the National Register of Historic Places are not covered. Whether or not this Agreement covers a condominium unit, mobile home, manufactured home, or multi-family property (duplex), any repairs and/or replacements are limited to the Items solely used by and located and serviceable within such single unit (unless specified otherwise). No common area Items shared by non-warranted units shall be covered by this Agreement.2. Mobile homes constructed within ten (10) years of the effective date of the Agreement are eligible for coverage, provided they are permanently secured to the ground and, you own the land on which the mobile home is located. Mobile/manufactured homes that are located in a division operated similar to a condominium, where maintenance is provided, are also eligible for coverage.VI. CANCELLATION1. You may void this Agreement within 30 days of the coverage effective date for a full refund of the contract fees paid if no claim has been made. The right to void this Agreement as provided in this paragraph is not transferable. A ten percent penalty per month will be added to any refund required under this paragraph, including any accrued penalties, that is not paid or credited within 30 days after termination of this Agreement pursuant to this paragraph.2. You may cancel this Agreement within 30 days of the coverage effective date if a claim has been made, or at any time thereafter, at which time you may be entitled to a refund of unearned contract fees paid based on the short rate schedule less a processing fee of twenty-five dollars ($25) and less the cost of any services performed pursuant to the Agreement, where permitted by law. If the refund calculation results in you owing us payment for services provided, we may bill you for the lesser of the net amount due to us or the unpaid annual term contract fee. We will bill or charge you any balance owed to us through the same mechanism as any previous installment billings, or we will direct bill you if such a mechanism is not available.3. We may terminate this Agreement immediately, after any applicable notice provisions, for nonpayment, fraud or material misrepresentation. If we terminate for fraud or material misrepresentation, this Agreement is void and we shall refund all paid contract fees if no claims have been made. If a claim has been made, we will follow normal cancellation procedures as outlined in this section.VII. DISPUTE RESOLUTION1. ARBITRATION: All disputes, controversies or claims of any sort, arising out of or in any way relating to this Agreement, its negotiation, and the Services provided pursuant to it, whether based in contract, tort, regulation, or any other legal or equitable theory (collectively “Disputes”), shall be resolved at the consumer’s choice by settlement or final and binding arbitration or in and through a small claims court having jurisdiction over such Disputes. Arbitration shall be conducted within the geographical limits of the applicable federal district court where the Covered Property is located, or such other location upon which both parties mutually agree. The Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “Arbitration Rules”) in effect at the time arbitration is demanded by either party shall govern the arbitration proceeding and the selection of one neutral arbitrator to preside over the proceeding. The arbitrator is empowered to decide all Disputes and all questions related to the enforceability and scope of these Dispute Resolution provisions, including but not limited to the validity, interpretation and applicability of these Dispute Resolution Provisions. Additionally, this transaction involves interstate commerce, and these Dispute Resolution provisions shall be governed by the Federal Arbitration Act, as amended (9 USC 1). No arbitration may proceed on a class or representative basis, and the arbitrator may not consolidate any arbitration proceeding governed by these Dispute Resolution Provisions with any other person’s arbitration proceeding, and may not otherwise preside over any form of a representative or class proceeding. Under the Arbitration Rules, although each party is required to pay certain administrative and arbitrator fees, the amount the consumer may be required to pay is limited. Each party to arbitration is responsible for its own attorney’s fees, if the party chooses to be represented by an attorney.2. CLASS ACTION AND JURY TRIAL WAIVER: Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.VIII. OTHER CONDITIONS1. Term. Coverage under this Agreement commences on the effective date specified on the Agreement Coverage Summary. This Home Service Agreement expires one (1) year from Agreement effective date, unless renewed.2. Renewal. This Agreement will automatically renew at the option of the Issuing Company and where permitted by state law, for successive one (1) year periods, unless cancelled by you or us in accordance with the cancellation provisions. You will be notified of any rate and/or coverage changes not less than thirty (30) days prior to the expiration of the Agreement.3. 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 $25.4. Installment Billing. In certain cases you may be permitted, at our sole and exclusive discretion, to pay for your coverage on an installment basis. Should you suffer a mechanical failure covered by this Agreement at a time when there are unpaid installments due from you, whether or not such payments are due or overdue, we reserve the right to deduct all or any portion of any unpaid amounts from the amount of loss covered by this Agreement for such incident, or to require payment of the entire remaining unpaid balances prior to covering the loss for you as we deem necessary or desirable. Our failure to exercise any such right on one occasion shall not be deemed a waiver of such right on other occasions.5. Waiver. Should we waive any of our contractual rights such waiver will not constitute a future waiver of said rights.6. 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.7. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.8. Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior agreement 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.9. Issuing Company. This Agreement is issued by Deep South Technical Services LLC.10. Corporate/Administrative Office. 30 Water Oak Way, Dallas GA 30157 770-445-8836