Common use of Additional Limitations and Exclusions Clause in Contracts

Additional Limitations and Exclusions. 1. Your Agreement does not cover: a. Routine maintenance (you are responsible for providing maintenance and cleaning of Covered Items as specified by the manufacturer or as generally required for proper Covered Item operation); b. A malfunction of a Covered Item due to lack of, or excess of, capacity in the Covered Item; c. Repair or remediation of cosmetic defects; d. Repair, replacement, installation, or modification of any Covered Item, or part thereof, that has been determined to be defective by the Consumer Product Safety Commission or other similar regulatory entity or for which a manufacturer or distributor has issued a warning, recall, or determination of defect; e. Flues, venting, chimneys, and exhaust lines; f. Electronic, computerized, or other home management and/or automation systems; g. Remote controls and associated equipment; h. Replaceable filters associated with any Covered Item; i. Lighting fixtures and light bulbs; j. Radon and other leak detection monitoring systems and fire sprinkler systems; k. Solar items, systems, and components of Covered Items; l. Except as otherwise specified in your Agreement, Covered Item modifications, upgrades, repairs, or replacements required to comply with any federal, state, or local laws, regulations, or ordinances, utility regulations, or building or zoning code requirements; and m. Cranes or other specialty vehicles or equipment required to install, remove, or access Covered Items in order to provide services under your Agreement. You may be charged an additional fee by the Service Contractor if such vehicles or equipment are required to perform service. 2. Except as otherwise specified in your Agreement, AHS is not responsible or liable for performing service, or paying remediation costs, involving hazardous or toxic materials or other waste. 3. AHS is not responsible or liable for mold, mildew, bio-organic growth, rot, fungus, any similar issues, or pest damage, of any a. Damages of any kind resulting from such causes; b. Diagnosis, inspection, notification, removal, or remediation of such conditions; or c. Repairs or replacements necessitated by such causes. 4. Except as otherwise specified in your Agreement, AHS is not responsible or liable for: a. Providing or securing access to Covered Items; b. Costs of construction, carpentry, or other modifications necessary to remove, relocate, or install a Covered Item or part thereof; or c. Restoration of any wall or floor coverings, cabinets, counter tops, tiles, paint, or the like. 5. AHS is not responsible or liable for the cost or conduct of testing required by statute or regulation associated with the repair or replacement of Covered Items or components. 6. AHS is not responsible or liable for Covered Item repairs or replacements when a malfunction is due to: a. Misuse, abuse, or mistreatment, including but not limited to removal of parts and damage, by people, pests, or pets; b. Accidents, fire, freezing, water damage, electrical failure or surge, or excessive or inadequate water pressure; c. Lightning, mud, earthquake, soil movement, storms, or other acts of God; d. Acts of war or terrorism; or e. A manufacturer’s improper design, materials, or formulations; a defective manufacturing process; or other manufacturing defects. 7. Except to the extent caused by AHS or its Service Contractors, AHS will not be liable for any violations by you or by third parties of federal, state, or local laws, regulations, or guidelines relating to Covered Items, and will not perform repairs or replacements that will or may violate any current federal, state, or local laws, regulations, or guidelines. 8. AHS is not responsible or liable for special, secondary, incidental, indirect, consequential, exemplary, or other related damage resulting from the malfunction of any Covered Item, or AHS’ or a Service Contractor’s neglect nature or kind, including but not limited to: or delay in providing, or failing to provide, repair or 3 replacement of such Covered Item, including, but not limited to, food spoilage, loss of income, utility bills, additional living expenses, or personal and/or real property damage. 9. AHS is not responsible or liable for any delay in service or failure to provide service caused by conditions beyond AHS’ control. 10. AHS will not repair or replace Covered Item malfunctions covered by the warranty of a manufacturer, distributor, builder, or by an extended warranty issued by any of the foregoing or by a third party. 11. Except as otherwise provided herein, systems and appliances shared by separate residential properties are not covered. 12. If your Agreement is for a duplex, triplex, or fourplex residential property, then all units within the residential property must be covered by an appropriate AHS Home Protection Plan for coverage to apply to shared systems and appliances. 13. If your Agreement is for a multi-unit residential property other than those specified in D.12 above, then only items contained within the confines of each individual residential property are covered. Shared systems and appliances are not covered. 14. Certain other Covered Item dollar limits: a. AHS will pay up to two thousand dollars ($2,000) total (under which total dollar limit all other applicable dollar limits in this paragraph 14 shall apply) for access, diagnosis, and repair/replacement of all Covered Items under Section F for a home seller’s coverage while the seller’s residential property is listed but before sale closing. Section F is the only Covered Items section applicable to such listing coverage under this Home Protection Plan. b. As part of any other applicable Covered Item dollar limit, AHS will pay up to ten dollars ($10) per pound for refrigerant installed in a Covered Item. c. As necessary, AHS will pay up to two hundred fifty dollars ($250) per Covered Item malfunction to replace faucets, shower heads, shower arms, valves for shower, tub, and diverter, angle stops, risers, and gate valves with similar features of finish and style. d. As necessary, AHS will pay up to six hundred dollars ($600) per Covered Item malfunction to replace toilet tanks, bowls, and related mechanisms. e. AHS will pay up to three thousand dollars ($3,000) per E.

Additional Limitations and Exclusions. 1. Your Agreement does not cover: a. Routine maintenance (you are responsible for providing pro- viding maintenance and cleaning of Covered Items as specified by the manufacturer or as generally required re- quired for proper Covered Item operation); b. A malfunction of a Covered Item due to lack of, or excess of, capacity in the Covered Item; c. Repair or remediation of cosmetic defects; d. Repair, replacement, installation, or modification of any Covered Item, or part thereof, that has been determined to be defective by the Consumer Product Safety Commission or other similar regulatory entity or for which a manufacturer or distributor has issued a warning, recall, or determination of defect; e. Flues, venting, chimneys, and exhaust lines; f. Electronic, computerized, or other home management manage- ment and/or automation systems; g. Remote controls and associated equipment; h. Replaceable filters associated with any Covered Item; i. Lighting fixtures and light bulbs; j. Radon and other leak detection monitoring systems and fire sprinkler systems; k. Solar items, systems, and components of Covered Items; l. Except as otherwise specified in your Agreement, Covered Item modifications, upgrades, repairs, or replacements required to comply with any federal, state, or local laws, regulations, or ordinances, utility regulations, or building or zoning code requirements; and m. Cranes or other specialty vehicles or equipment required to install, remove, or access Covered Items in order to provide services under your Agreement. You may be charged an additional fee by the Service Contractor if such vehicles or equipment are required to perform service. 2. Except as otherwise specified in your Agreement, AHS is not responsible or liable for performing service, or paying remediation costs, involving hazardous or toxic materials or other waste. 3. AHS is not responsible or liable for mold, mildew, bio-organic growth, rot, fungus, any similar issues, or pest damage, of anyany nature or kind, including but not limited to: a. Damages of any kind resulting from such causes; b. Diagnosis, inspection, notification, removal, or remediation reme- diation of such conditions; or c. Repairs or replacements necessitated by such causes. 4. Except as otherwise specified in your Agreement, AHS is not responsible or liable for: a. Providing or securing access to Covered Items; b. Costs of construction, carpentry, or other modifications modifica- tions necessary to remove, relocate, or install a Covered Cov- ered Item or part thereof; or c. Restoration of any wall or floor coverings, cabinets, counter tops, tiles, paint, or the like. 5. AHS is not responsible or liable for the cost or conduct of testing required by statute or regulation associated with the repair or replacement of Covered Items or components. 6. AHS is not responsible or liable for Covered Item repairs re- pairs or replacements when a malfunction is due to: a. Misuse, abuse, or mistreatment, including but not limited to removal of parts and damage, by people, pests, or pets; b. Accidents, fire, freezing, water damage, electrical failure or surge, or excessive or inadequate water pressure; c. Lightning, mud, earthquake, soil movement, storms, or other acts of God; d. Acts of war or terrorism; or e. A manufacturer’s improper design, materials, or formulations; a defective manufacturing process; or other manufacturing defects. 7. Except to the extent caused by AHS or its Service Contractors, AHS will not be liable for any violations by you or by third parties of federal, state, or local laws, regulations, or guidelines relating to Covered Items, and will not perform repairs or replacements that will or may violate any current federal, state, or local laws, regulations, or guidelines. 8. AHS is not responsible or liable for special, secondarysecond- ary, incidental, indirect, consequential, exemplary, or other related damage resulting from the malfunction of any Covered Item, or AHS’ or a Service Contractor’s neglect nature or kind, including but not limited to: or delay in providing, or failing to provide, repair or 3 replacement of such Covered Item, including, but not limited to, food spoilage, loss of income, utility bills, additional living expenses, or personal and/or real property damage.. 3 9. AHS is not responsible or liable for any delay in service ser- vice or failure to provide service caused by conditions beyond AHS’ control. 10. AHS will not repair or replace Covered Item malfunctions malfunc- tions covered by the warranty of a manufacturer, distributordis- tributor, builder, or by an extended warranty issued by any of the foregoing or by a third party. 11. Except as otherwise provided herein, systems and appliances ap- pliances shared by separate residential properties are not covered. 12. If your Agreement is for a duplex, triplex, or fourplex residential property, then all units within the residential property must be covered by an appropriate AHS Home Protection Plan for coverage to apply to shared systems sys- tems and appliances. 13. If your Agreement is for a multi-unit residential property prop- erty other than those specified in D.12 above, then only items contained within the confines of each individual residential property are covered. Shared systems and appliances are not covered. 14. Certain other Covered Item dollar limits: a. AHS will pay up to two thousand dollars ($2,000) total (under which total dollar limit all other applicable appli- cable dollar limits in this paragraph 14 shall apply) for access, diagnosis, and repair/replacement of all Covered Items under Section F for a home seller’s coverage while the seller’s residential property is listed but before sale closing. Section F is the only Covered Items section applicable to such listing coverage cov- erage under this Home Protection Plan. b. As part of any other applicable Covered Item dollar limit, AHS will pay up to ten dollars ($10) per pound for refrigerant installed in a Covered Item. c. As necessary, AHS will pay up to two hundred fifty dollars ($250) per Covered Item malfunction to replace re- place faucets, shower heads, shower arms, valves for shower, tub, and diverter, angle stops, risers, and gate valves with similar features of finish and style. d. As necessary, AHS will pay up to six hundred dollars dol- lars ($600) per Covered Item malfunction to replace toilet tanks, bowls, and related mechanisms. e. AHS will pay up to three thousand dollars ($3,000) per E.Covered Item malfunction for access, diagnosis, and repair/replacement of any covered Appliance in Section G.