WESTERN WARRANTY CO.
DBA WESTERN HOME WARRANTY LLC
Last Updated 1/1/2019
The Site provides an interactive online service operated by Western Warranty Co. DBA Western Warranty, (and) Western Home Warranty LLC, (and) WesternWarranty.com on the World Wide Web of the Internet (the” Web”), consisting of information services, content and transaction capabilities facilitated through WesternWarranty.com affiliates of Western Warranty, and any and all affiliates including but not limited to preferred service providers. This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of WesternWarranty.com, and WesternWarranty.com shall not be responsible for any data lost while transmitting information on the Internet. While it is WesternWarranty.com objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of WesternWarranty.com, access to the Site may be interrupted, suspended or terminated from time to time.WesternWarranty.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, WesternWarranty.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site.
2. Warranty Services Provided
Western Warranty provides home warranty service to homeowners. In order to receive warranty coverage you must have an active Home Warranty Service plan with Western Warranty.
3) WESTERN WARRANTY COVERAGE
A) Thank you for choosing Western Home Warranty. Your home warranty can provide you with protection against high out of pocket repair expenses. Although we promise to do our best to protect you in most repair situations, this coverage is not all-inclusive, and there may be situations in which you may need to pay additional costs for the parts or services that may not be covered by the warranty plan.
B) We are not liable for repairing or replacing items that have missing parts, components, have been improperly maintained, or have failed due to non-normal wear and tear circumstances.
C) Your coverage includes the plan items that you have selected. Items that you have not selected or that are excluded from this contract will not be covered.
D) To qualify for coverage, all items must be in good working condition at the close of escrow or the inception of this contract.
E) Covered items are required to be maintained as specified by the manufacturer’s requirements and recommendations and must have been properly sized and installed.
4) COVERAGE TERMS AND CONDITIONS
A) This contract applies to the homeowner who must own the address on the contract.
B) If the home is sold prior to contract expiration, the remaining contract may be transferred to the new home owner prior to expiration by completing a transfer form available at www.WesternWarranty.com/Transfer or by calling
C) This contract applies to covered items located within the main residence. Outside buildings or detached structures are not covered.
D) This contract covers single-family homes, town homes, condominiums, manufactured homes, duplex, triplex, or fourplex homes under 5,000 sq ft.
E) Before placing any claim, it is the homeowner’s obligation to seek reimbursement or service from homeowners insurance, manufacturer warranties, distributor warranties, or contractor warranties.
F) This contract is a binding agreement between Western Warranty Co and the persons indicated on this contract, referred to as the “Homeowner”.
5) COVERAGE PERIOD & TRANSFER
A) All contracts are for 1 year unless otherwise indicated on the application for a longer contract period.
B) Contract coverage will begin on the date the application and payment is received and the company issues a “Confirmation Number”.
C) If there was no home inspection performed on the home or if the coverage is purchased for an existing home owner and not part of a real estate transaction, the coverage will begin 30 days after the application and payment have been received.
D) There is a 30-day workmanship guarantee on all repair work provided by our contractors under the plan.
E) Offer of future coverage after the expiration of this contract term is at the sole option and rates of the company.
F) If the homeowner and company renew the coverage at the end of the contract term, the homeowner may choose an automatic monthly draft or annual rate.
G) If the covered property is sold during the term of this Contract, the homeowner may assign the remaining contract to the new homeowner by calling 970-305-4250.
6) FILING A CLAIM
A) Read this contract carefully and make sure the repair is covered prior to ordering any service. If you have questions prior to submitting a claim please contact us.
B) We are not liable for repairing, replacing, or reimbursing for items that are not covered under this warranty contract. As the homeowner, it is your responsibility for understanding what is covered for reimbursement under this contract. This includes understanding coverage limitations for items that do not require pre-approval by us before you choose to have work done.
C) All claims must be filed on our website or by calling
7)TO SUBMIT A CLAIM YOU WILL NEED TO;
Your Warranty Contract Number
The make or model of the covered item that needs repaired
A description of the problem
The address for the work
The best number and times to reach you
8) USING YOUR CONTRACTOR OR OURS
STEP 1) Submit a Claim; First, make sure your claim is covered by your warranty plan by reviewing the coverage terms and limits. If the item is covered;
Submit the claim online at www.WesternWarranty.com/Claims (or)
C) The homeowner will be assigned a claim number so they can call a local licensed contractor to come out and diagnose the problem or have us help them find a contractor in their area.
STEP 2) Schedule the Contractor; The homeowner will call the contractor directly to schedule and they can use any qualified local technician or contractor that is licensed and insured for the work that is being performed in the area.
A) When the technician visits the homeowner’s home, they will diagnose the repair and the homeowner can decide whether to have the work completed or not.
B) Repairs or Replacements under $300 do not require pre-approval if the item is covered under this contract and the homeowner has not exceeded $300 in claims during the current 12-month contract period. Be sure to read the contract and understand what is covered or is not covered. We are not liable for reimbursing the homeowner if they have an item repaired or replaced that is not covered by the terms and conditions or coverage liability of this contract.
C) Any repair or replacement above $300 or any repair or replacement after the homeowner has exceeded $300 in claims during the current 12-month contract period requires pre-approval by us prior to having the work completed. We reserve the right to send our own contractor to diagnose and complete the covered work if necessary.
STEP 3) Get Pre-Approval: For any work that requires a pre-approval or if the homeowner is uncertain about coverage the homeowner or the contractor will need to contact our Homeowner service team for pre-approval at;
Phone: 970-305-4250 (or)
Fax: 970-797-1767 (or)
Step 4) Payment & Reimbursement; The homeowner will be responsible for paying the contractor directly for the deductible for each trade call, or the actual cost whichever is less and for any work ordered without a pre-approval arrangement made between the company and the contractor.
For contractor direct payment: If the company is paying the contractor directly for the covered work then the contractor will need to contact us prior to any work being done for the pre-approval and payment arrangements.
To Receive reimbursement for payment: The homeowner will Pay the contractor directly for approved covered work then send us a copy of the claim number, work order, and paid receipt to receive a reimbursement for the covered repairs minus the deductible. The homeowner is responsible for any work that is completed that is not approved or covered by this contract.
Phone: 970-305-4250 (or)
Fax: 970-797-1767 (or)
9) SERVICE CALL FEE DEDUCTIBLE
A) The homeowner is responsible for the Non-Refundable Service Call Fee Deductible for each service call. The deductible amount is set based on the homeowner’s warranty plan.
B) For example, if the homeowner places a claim to fix their refrigerator and their deductible is $75. The homeowner would be responsible for the first $75 and upon approval for the repair of the covered item, Western Warranty would pay or reimburse for the remaining repair amount.
C) If repairs are made to additional items a separate deductible will apply for each item that is repaired.
D) If no covered defects are discovered or repaired during the service call, the homeowner is responsible for the entire cost of the service call.
10) NO PRE-APPROVAL REPAIR LIMITATIONS FOR REIMBURSEMENT
For the homeowner’s convenience and to help expedite repairs we allow homeowners under this warranty to have covered items repaired or replaced without getting a pre-approval as long as the repair meets the eligibility requirements below.
The homeowner has not filed more than $300 in claims within the current 12-month contract period.
The repair expense for the item is below $300.
Prior to placing the claim, the homeowners has confirmed that the item is not covered by existing homeowners insurance, manufacturer warranties, distributor warranties, or contractor warranties.
The homeowner has filed a claim with Western Warranty and has received a claim number.
The contractor or technician repairing the item is licensed and insured in the state where the home is located, and the contractor is not related to the homeowner or work with the homeowner or the homeowner’s spouse.
The repair is for an item that is essential for the unit to work properly and is listed as a covered item under the “covered items” and “terms and conditions” of this plan. The homeowner should contact us first prior to any work being done if they are uncertain if the item is covered.
The homeowner is required to pay the contractor for the work performed and then the homeowner will send the following items to us by email, fax, or mail:
Copy of the work order
Contractors name and phone number
Claim number with Western Warranty
Send Reimbursement Requests to:
Fax: 970-797-1767 (or)
We reserve the sole and exclusive right to deny any claim or modify the reimbursement amount to an amount equal to our company’s negotiated rates with our suppliers for repairs, replacements, and/or labor costs, less any service costs incurred by the company if we believe the repair was unnecessary, was not covered or was excluded by this warranty, or we believe the claim or repair is misleading, filed fraudulently, or at an unreasonable or excessive rate for labor, items, or parts.
11) Fees, Renewals, & Cancellations
All fees paid to Western Warranty are nonrefundable. Cancellations must be delivered in writing to Western Warranty by email at cancel@WesternWarranty.com a minimum of 30 days prior to their next membership renewal period.
All policies will automatically renew on the expiration date for another year with the primary billing method remaining the same as the Homeowner’s current preference. Monthly memberships will be renewed on a monthly billing period at the new policy rate. Annual memberships will be renewed and billed annually at the new policy rate. The Homeowner will be notified in writing 60 days prior to the renewal period which will allow the Homeowner 60 days to cancel prior to the automatic renewal. It is the responsibility of the Homeowner / policy holder to notify Western Warranty of any cancellation prior to the warranty expiration and renewal period.
The Homeowner may cancel this contract at any time. If the Homeowner cancels within the first 30 days of the coverage period, and No Service request has been made, then the Homeowner may receive a full refund of the cost paid towards the policy contract, less a cancellation fee of $50 or 10% of the paid contract price whichever is less and less all service costs incurred by the company (or) (ii) the repair or replacement of the item, whichever is less.. The Homeowner may not transfer the right to cancel the contract to another person.
If Western Warranty cancels the Homeowners home warranty contract, or the Homeowner cancels after the first 30 days of the coverage period, the Homeowner will be entitled to a pro-rata refund of the Contract Fee paid for the unexpired term, less an administrative fee of $50, and any actual service costs incurred throughout the Homeowners contract with Western Warranty. If coverage is cancelled after a service has been performed, and the 12-month Contract Fee has not yet been paid, the Homeowner will be responsible for the purchase of the remaining Contract, or the reimbursement of Western Warranty of services incurred, whichever is less.
12. Transfer of Warranty Contract
The Homeowner may transfer their policy if they sell or transfer their home by completing and delivering a transfer agreement to Western Warranty within 30 days of the completion of the sale.
13. End User Conduct.
14. Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of WesternWarranty.com or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF WESTERN WARRANTY. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
15. Disclaimer of Warranty.
ALL SERVICE PROVIDED BY WESTERN WARRANTY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WESTERN WARRANTY CO MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE HOME WARRANTY, OFFERING, SERVICE, OR GUARANTEE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF BROKERABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
16. Disclaimer of Service
Western Warranty is not an insurance company and neither its guidelines nor plan of operation is an insurance policy. Western Warranty has the sole and exclusive right to approve or deny any claim including no preapproval claims or to provide cash in lieu of repair or replacement of a covered system or appliance in the amount of the company’s negotiated rates with suppliers for similar repairs and replacements, less any service costs incurred by the company. The amount provided as cash in lieu is generally less than retail. The company is not responsible for work performed once contract holder accepts cash in lieu of service.
17. Limitation of Liability
IN NO EVENT SHALL WESTERN WARRANTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF ACCESS, USE, DATA, REVENUE, PROFITS, WHETHER RESULTING FROM AN ACTION OF THE CONTRACT, PROPERTY INFRINGEMENT, NEGLIGENCE, OR ANY OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE SITE, OR COMPANY. Homeowner’s exclusive remedy, and WesternWarranty.com, entire liability under this Agreement shall not exceed a refund to POLICY HOLDER of the total fees paid by POLICY HOLDER to WesternWarranty.com within the last 30 days hereunder, and in no event will Company’s liability for any reason exceed such fee. Western Warranty (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Homeowner’s use of the products, services, site, or deliverables, and Homeowner shall indemnify Western Warranty, our Subsidiaries, (and Western Warranty’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Homeowner arising from Homeowner’s use or application of the Services or the Deliverables.
Maximum coverage per incident is limited to the amounts in this contract for repair or replacement including parts and labor.
Liability of the Company is limited to the failure of covered systems due to the normal wear and tear. Cosmetic defects or damages are not covered.
Company is not liable for repairs, replacements, or reimbursements made without the Company’s pre-approval, or for any item that is repaired or replaced that is not covered by terms and conditions or coverage limitations of this contract.
Company reserves the right to provide cash in lieu of repair or replacement of a covered system or appliance in the amount of the company’s negotiated rates with suppliers for similar repairs and replacements, less any service costs incurred by the company. The amount provided as cash in lieu is generally less than retail. The company is not responsible for work performed once contract holder accepts cash in lieu of service.
Company has the sole and exclusive right to approve or deny any claim including no preapproval claims.
Company is not liable for payment of additional fees, overtime charges, excessive fees, or hourly contractor rates for contractors chosen by the homeowner that are billed at rates above the industry national average for the service call or work completed.
Company is not liable for any appliance or system that is classified by the manufacturer as commercial, has obsolete, discontinued, or unavailability of one or more of the integral parts, upgrades or parts required due to the incompatibility of the existing equipment, or contract holder’s failure to perform routine maintenance as recommended by the manufacturer.
Company will determine whether the covered item will be repaired or replaced. In order for an item to be replaced, Company will first determine if the failure contributes to the primary functioning of the item and whether the item can be repaired. When replacing an item Company will replace the item with similar features, capacity, and efficiency but is not responsible for matching the brand, dimensions, or color. Company reserves the right to use rebuilt parts.
Company reserves the right to require a second opinion or use any contractor of the companies choice.
Company is not liable for losses or damages resulting in misdiagnosis or delays in completing the diagnosis, repair, or replacement of any item.
Company is not liable for consequential or secondary damage or any additional costs to comply with federal, state, or local laws, utility regulations, zoning or building codes.
Company will not be responsible for any costs relating to permits, haul away fees, construction, carpentry, relocation of equipment, installation modifications, or the disposal of an old appliance or system, or the repair, replacement, or refinish defects, walls, wall coverings, pictures, cabinets, countertops, tile, or flooring.
Company is not responsible for providing access to or closing access to any item which is obstructed or inaccessible including but not limited to beneath crawl spaces, below floor coverings, below or behind concrete, systems, cabinets, etc. If the repair work is required to open a wall or ceiling to complete the work, Company will close the opening in a rough finish condition subject to the financial limits under this contract provided the opening was solely to do the work and not pre-damaged prior to the technician beginning repairs.
Company is not responsible for repair, replacement, or any damages caused by pre-existing conditions, mold, mildew, other bacteria, rust, corrosion, pet damage, chemicals, insect infestation, theft, vandalism, failure to clean or maintain an item that is recommended by the manufacturer, acts of god, intentional acts, storms, pest damage, electrical failure through a power surge, missing parts, structural changes, fire, floods, intentional acts, riots, war, hurricanes, tornadoes, other natural disasters, earthquakes, soil movement, soil settlement, freezing, home settlement, water damage, rules, regulations, acts of any government authority, and any other cause beyond Company control. Company reserves the sole and exclusive right to determine what is considered a pre-existing condition.
Solar systems and components including holding tanks, electronic or computerized system management controllers are not covered.
Company has no liability for the removal of or failure to detect hazardous materials including but not limited to mold, asbestos, radon gas, or other products or materials.
Company is not liable for the negligence or any other conduct of the Service Provider, nor do we guarantee the work of the service providers performance outside of what’s included in this contract.
Company 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 contract is (i) to recover the costs of any fees you have paid to Company within the last contract period less an administrative fee of $50 or 10% of the paid contract price whichever is less and less all service costs incurred by the company (or) (ii) the repair or replacement of the item, whichever is less.
You agree to indemnify, defend and hold harmless Company, its parent, affiliates, shareholders, agents, licensors, suppliers and any third-party provider, together with their officers, directors, owners, partners and employees, from and against all losses, expenses, damages and costs, including attorney’s fees.
End User agrees to defend, indemnify and hold harmless Western Warranty, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site. End User is solely responsible for interactions with Brokers and other users of the Site. To the extent permitted under applicable laws, End User hereby releases Western Warranty from any and all claims or liability related to any product or service of a Broker, any action or in-action by Broker, including Broker’s failure to comply with applicable law and/or failure to abide by the terms of any agreement, and any conduct or speech, whether online or offline, of any other user.
20. MANDATORY ARBITRATION:
This provision constitutes an agreement to arbitrate disputes on an individual basis. Any party may bring an individual action in small claims court instead of pursuing arbitration. Any claim, dispute or controversy, regarding any contract, tort statute, or otherwise (“Claim”), arising out of or relating to this Agreement, any service provided pursuant to this agreement, its issuance, a breach of any agreement provision, any controversy or claim arising out of the transaction giving rise to this agreement, or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879
The arbitration will take place in the same country in which the property covered by the Home Warranty Contract is located. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. By entering into this Agreement the parties acknowledge that they are giving up the right to a jury trial, and the right to participate in any class action, private attorney general action, or other representative or consolidated action, including any class arbitration or consolidated arbitration proceeding. Neither party shall sue the other party other than a provided herein or for enforcement of this clause or the arbitrator’s award: any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the proceeding sentence shall not apply to the clause entitled “Class Action Waiver.” This arbitration agreement will survive the termination of this Home Warranty Contract. As noted above, a party may elect to bring an individual action in small claims court instead of arbitration, so long as the dispute falls within the jurisdictional requirements of small claims court.
Any and all claims, judgements and awards shall be limited to actual out of pocket costs incurred to a maximum of $1,500 per claim.
21. CLASS ACTION WAIVER: Any Claim must be brought in the parties individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make any award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLASS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
Obligations of Western Warranty are backed only by the full faith and credit of Western Warranty Home Warranty and are not guaranteed under a reimbursement insurance policy. Western Warranty may terminate this Agreement and any contract for Non payment of contract fees, fraud or misrepresentation of facts material to the issuance of our home warranty contract, or any event a contract holder threatens acts of violence or bodily harm that would pose risk or harm to Western Warranty or an authorized service technician.
25. Contacting Us
Western Home Warranty LLC
155 E Boardwalk #445
Fort Collins, CO 80525