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D. LIMITATIONS OF LIABILITY
1. Maximum Liability of InHouse
a. InHouse has the sole right to determine whether a covered system is repaired, replaced, or given a cash disbursement.
b. When determining depreciation value for cash disbursements, current retail value will be applied to all assets. A ten-year depreciation schedule will be used to determine value.
c. In regards to new equipment installations, InHouse coverage is limited to matching equipment of similar kind, capacity, and efficiency, and is not responsible for matching dimensions, brands, or colors.
d. If equipment of like size is unavailable, InHouse will not be liable for cost of any construction due to different dimensions.
e. InHouse is only responsible for the failed component of a system or appliance and is not responsible for any additional parts or components due to incompatibilities with new technologies, efficiencies, refrigerants, or sizing.
f. InHouse is not liable for the replacement of the "complete" system or appliance due to the non-availability of one or more of its parts.
2. General Liability Limits
a. Any damage resulting from an act of God, war, riot, fire, flood, soil movement, lightning, hail, tornado, hurricane, or other disaster is not covered under this contract.
b. Any malicious intent, malice, fraud or misrepresentation of facts or any form of vandalism renders this contract void.
c. Damage resulting from animals, insects or pests are not covered.
d. Pre-existing defects, damage, or inoperable components are not covered by this contract.
e. Items deemed a "lemon" or "recall" by manufacturer or other industry related organizations are not covered.
f. Commercial or residential properties used as a means to conduct business are not covered under this contract.
g. InHouse IS NOT RESPONSIBLE FOR THE DISPOSAL OF OLD APPLIANCES. InHouse may at times accept request for disposal as a billable fee charged to Policyholder. Additional charges may also apply for the proper disposal of any system or component containing dangerous or hazardous materials.
h. Damages resulting from brownouts, blackout, electrical spikes and/or surges, are not covered under this contract.
i. InHouse is not liable for incidental or consequential damages to property or personal injury. Any access required for diagnosis, repair, or replacement, through interior walls, ceiling, floor, roof, etc. are not covered by this contract. It is the Policyholder's sole responsible for costs and activities associated with gaining required access areas.
j. InHouse will not perform service, nor pay cost involving or related to hazardous or toxic materials. Under no circumstance is InHouse responsible for the diagnosis, repair, removal, or remediation of mold, asbestos, mildew, rot or fungus, and/or damages resulting from above mentioned, even if caused by or related to a covered item in this contract. These materials include, but are not limited to, mold, lead, asbestos, paint, sewage spills, sewage containers, or refrigerants not related to the main household's central air conditioning equipment.
k. Any system or component installed improperly, which prohibits the service personnel from accessing and/or diagnosing its components is void from coverage until such systems and/or components are installed properly.
l. InHouse is not responsible for restoration of any cosmetic defects including wall coverings, floor coverings, cabinets, countertops, tiling, or the like.
m. This contract does not cover mandatory repairs or costs related to past, current, or future upgrades to federal, state, or local ordinances, regulations, or zoning codes.
n. InHouse is not required to perform service until all required permits are obtained. Policyholder is responsible for permit cost and is required to permit inspectors into dwelling.
o. InHouse has a right to deny any service when conditions for said service are deemed unsafe for service personnel. Example: unstable building supports, threatening animals or persons, rain, extreme temperatures, and darkness.
p. InHouse is not liable for repairs caused by misuse, abuse, or failure to maintain manufacturer's specified maintenance for items such as, but not limited to: coil cleaning, filtration changes, water heater flushing, consumable component replacement, proper refrigerant levels, or lubrications. This contract does not cover "cleaning" of any parts or equipment.
q. This contract does not apply to industrial, commercial, or heavy-duty appliances or equipment. Utility systems providing services to more than one dwelling are not covered.
r. Normal usage, described or intended by the manufacturer, must be demonstrated for items to be eligible for warranty.
s. Computerized electronics, load controllers or other energy management systems are not covered under this contract.
t. Lighting systems are not covered under this contract.
3. Injury, Loss or Damage:
a. The Policyholder acknowledges and agrees to not hold InHouse or its associates, liable for any personal injury, death or extraneous damages directly or indirectly caused by any heating, cooling, electrical, plumbing, security, or sewage system. This also includes any appliance, power tool or any attachment to any of the items listed in this contract.
b. During the contract or warranty period, Policyholder acknowledges and agrees to not hold InHouse or any InHouse associates liable for any incidental, indirect, punitive, exemplary, and/or consequential loss or damage.
4. Hotel Reimbursement:
a. Pertaining to cooling and heating repairs only, InHouse will pay Policyholder up to a maximum of $50.00 per night for hotel reimbursement. The following conditions apply.
b. To be eligible for reimbursement, Policyholder must request service at 800871-2339 and receive both a service tracking number and hotel authorization number.
c. InHouse is permitted 24 hours to complete all required repairs before Policyholder is eligible for reimbursement.
d. Dwelling's Interior temperatures must exceed 90 F or drop below 50 F.
e. For reimbursement, Policyholder must mail original hotel invoice (with the hotel authorization number printed on top) to InHouse at 2922 S. Roosevelt Dr., Tempe, AZ 85282.
f. InHouse will mail a reimbursement check no later than 45 days after invoice has been received.
g. The maximum annual hotel liability is $200.00.
h. Room service, mini bar, movies, phones charges, dry-cleaning or any other room charges will not be covered.
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