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A: COVERAGE (V.12) May 2020
1. Platinum Home Warranty Coverage
in place to assist with remodel or refurbishment of a home. Coverage is not all-inclusive, and there may be situations in which you (the homeowner) will need to pay additional costs for parts or services not covered by the warranty plan.
2. Coverage Terms and Conditions
A. Parties: This contract is a binding agreement between PLATINUM HOME PROTECTION, L.L.C. an Arizona company located at 16211 N Scottsdale Rd Suite A6A-478, Scottsdale, AZ 85254, and the person(s) indicated on this contract, referred to as “homeowner.”
B. Dwelling: This contract applies to the dwelling at the address indicated on the front of the contract. If the dwelling has multiple units, coverage must be in place on all units in order for any shared component to be covered. This contract applies to items located within, or servicing the main residence. Outside buildings or detached structures are not covered.
C. Property Size: This contract covers single-family dwellings, town homes, condominiums, manufactured homes, duplex, triplex, or fourplex homes under 5,000 square feet. Dwellings exceeding 5,000 square feet require a phone quote at 602.733.5000.
D. Complete Agreement: This contract represents the complete agreement between PLATINUM and the homeowner. This contract supersedes all prior proposals, or understandings implied, orally stated, written or otherwise and adopts all Arizona state regulated contract laws. These laws and procedures will be adhered to in the event of legal proceedings.
E. Other Warranties & Insurance: Before using this contract, it is the homeowner’s first obligation to seek reimbursement or service from homeowner’s insurance, manufacturer warranties, distributor warranties, or contractor warranties.
F. Policy Changes: Changes to policy can only be made at time of renewal.
3. Contract Coverage Terms
A. Term Length: All contracts are for (1) full year, unless otherwise indicated on the
B. Renewal: Policy will automatically be renewed on qualifying properties unless the homeowner notifies Platinum in writing 30 days prior to renewal of the contract.
C. Start Date: Contract coverage begins on the date of the application approval and issuance of a “Confirmation Number.” Where applicable, coverage will begin on the close of escrow date.
D. Payment Required: For coverage to begin, payment must be paid in full (or in accordance with approved payment plan). If warranty coverage is purchased during a real estate transaction, payment is due within 14 days of the close of escrow.
E. Warranty Without an Inspection: If a home inspection was not performed on the home, coverage will begin 31 days after (a) close of escrow or (b) payment received.
F. Inspection: If an inspection was performed, a copy of the inspection may be requested to complete a warranty claim.
G. Warranty on Homes Beyond Real Estate Transaction: If you are not involved in a resale transaction, coverage is effective 31 days following receipt of payment by us. Optional coverage cannot be added after the initial payment of plan fee.
4. Requesting Service and Filing Claims
A. Timely Request: If a covered system or appliance fails, or the homeowner suspects a problem, the homeowner is required to immediately discontinue using the item and call us at 602.733.5000 to request service. Service must be requested prior to this contract’s expiration date.
B. Business Hours: Standard business hours are 8:00am to 5:00pm Monday – Friday.
C. Scheduling Service: We will work with the homeowner to schedule an acceptable time for all parties for the repair visit.
D. Second Opinions: We reserve the right to obtain a second opinion at our own expense. The homeowner may also obtain a second opinion at the homeowner’s expense.
E. Selection of Service Provider: Only work authorized and arranged by Platinum Home Warranty is covered by this contract. We will not reimburse you for services performed by an independent contractor without prior authorization.
F. Reimbursement: To qualify for reimbursement for any labor or materials, the homeowner must first receive our approval and a service tracking number.
G. Timely Service: We will make all reasonable efforts to provide timely service. In the event that the homeowner requests expedited service on a non-urgent/non-emergency item (see Urgent/Emergency Service Defined), the homeowner will be responsible for all fees, including weekend, evening and holiday rates.
H. Service Calls: The homeowner is responsible for a $75 service fee for each requested item. The service fee will be due and payable to Platinum Home Warranty at the time of placing service request. This fee applies regardless of whether the diagnosis results in exclusion from coverage. This fee helps cover travel, labor and diagnosis of the issue. If the homeowner is not present at the scheduled time of the service call or cancels the request once the technician is already in route, the homeowner remains responsible for this fee.
I. Weekend & Holiday Service: For non-emergency service, a premium service fee (which may include overtime) will be charged if the homeowner requests that repairs be performed on weekends, holidays, or outside standard business hours. Non-emergency appointments will be set subject to
J. Account Suspension: If the homeowner fails to pay the service fee or any other charge owed to Platinum, service and coverage will be suspended until the service fee and all related collection costs are paid in full. Contracts under suspension are not eligible for refunds until account balance is paid in full.
K. Collections: The homeowner is liable for all court and legal fees associated with the collection of any outstanding fees over (60) days.
L. Warranty on Work Performed: Services (other than pest control treatments) performed under this contract have a (30) day warranty. For additional service, for the same item, during this time, no service fee will be charged. However, all pest control treatment requiring additional trips will result in a new service fee for each trip to the home. Pest control often requires more than one trip to the home to help rid the home of pests.
M. Delays: We are not responsible for delays in service based due to factors beyond our control. These factors may include, but are not limited to, labor shortages, delays in obtaining a part, system or appliance, and/or weather conditions.
5. Maximum Liability of Platinum Home Protection
A. Repair or Replacement: We have the discretion to determine whether a system, appliance or component will be repaired or replaced, or if the homeowner will be given a cash disbursement. In cases in which we choose to cash out a claim in lieu of repair or replacement, the amount will be equal to our actual cost to repair or replace that system or appliance. This amount is less than retail. We are not responsible for work performed once the cash out offer is accepted, and, in some cases, the system or appliance may be excluded from further coverage under the warranty.
B. Limits: Limits are indicated throughout in this contract. A limit is Platinum’s maximum responsibility toward repair/replacement of a particular system. All work must be performed through Platinum.
C. Replacement Terms: In cases of replacement, we make efforts to match equipment of similar kind, capacity and efficiency, but are not responsible for matching dimensions, brands or colors. If equipment of like size is unavailable, we are not liable for the cost of any construction due to different dimensions.
D. Incompatibilities: We maintain responsibility for the particular failed component of a system or appliance. We are not responsible for additional parts or components needed due to any incompatibility with new technologies, efficiencies, refrigerants or sizing unless applicable optional coverage has been purchased.
E. Other Exceptions: We are not liable for the replacement of the “complete” system or appliance due to the non-availability of one or more of its parts or incomplete or missing model numbers.
6. General Liability Limits
A. Beyond Our Control: 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. Voided Contract: Any malicious intent, malice, fraud or misrepresentation of facts or any form of vandalism renders this contract void.
C. Tampering: Damage or tampering resulting from people, animals, insects or pests are not covered.
D. Unknown Defects: This contract covers breakdowns caused by unknown defects and conditions that predate the effective date of this contract and would not have been detectable by a certified home inspection or a visual inspection and simple mechanical test. A visual inspection is an observation of the covered item to verify that it is structurally intact, without missing parts, and without damage or conditions that could cause failure (i.e. corrosion, sediment build-up, mechanical damage, etc.). A simple mechanical test consists of operating the covered item to ensure that it works properly and in accordance with manufacturer specifications. A home inspection qualifies as a visual inspection and simple mechanical test. If pre-existing conditions were known, or should have been known by this service provider or the person selling the warranty on this company’s behalf then coverage will apply.
E. Recalled Items: Items deemed a “lemon” or “recall” by manufacturer or other industry related organization are not covered.
F. Business Properties: Commercial or residential properties used as a means to conduct business are not covered under this contract.
G. Disposal: Platinum is not responsible for the disposal of an appliance or system. Platinum may request for disposal as a billable fee charged to the homeowner. Additional charges may also apply for the proper disposal of any system or component containing dangerous or hazardous materials, including refrigerant recapture or recovery.
H. Utility Damages: Damages resulting from a utility service, such as brownouts, blackouts, electrical spikes and/or surges, are not covered under this contract.
I. Incidental Damages: We are 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. The homeowner is responsible for costs and activities associated with gaining access.
J. Hazardous Materials: We will not perform service, nor pay cost involving or related to any hazardous or toxic materials.
K. Access: Any system or component installed improperly and/or 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 and accessible. We are not responsible for providing access or closing access to covered items. We are not responsible for costs of restoration and/or cosmetic defects of any wall or floor covering, cabinets, countertops, tile, stone, brick, paint or the like.
L. Code-Related Upgrades: 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.
M. Permits: We are not required to perform service until all required permits are obtained. The homeowner is responsible for permit cost and is required to permit inspectors into the home.
N. Unsafe Conditions: We have a right to deny any service when conditions for said service are deemed unsafe for service personnel. Examples include, but are not limited to, unstable building supports, threatening animals or persons, rain, extreme temperatures, and darkness.
O. Misuse or Lack of Maintenance: We are 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.
P. Commercial Equipment: 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.
Q. Usage: Normal usage, described or intended by the manufacturer, must be demonstrated for items to be eligible for warranty.
R. Inefficient Systems: We are not responsible for repairs, replacements, or modifications of covered equipment that are merely inefficient.
S. Electronics: Computerized electronics, load controllers or other energy management systems are not covered under this contract.
T. Vacant Homes: Homes vacant more than 90 days are not covered.
U. Parts: When needed, and sometimes necessary, we reserve the right to repair systems and appliances with non-original manufacturer’s parts, including rebuilt or refurbished parts.
V. Non-licensed Work: We are not responsible for component or parts installed, repaired or removed by a non-licensed party.
W. Other Items: Any items not specifically mentioned as covered within this contract will be excluded from coverage.
7. Injury, Loss or Damage
A. The homeowner acknowledges and agrees to not hold PLATINUM 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, the homeowner acknowledges and agrees to not hold PLATINUM or any PLATINUM associates liable for any incidental, indirect, punitive, exemplary, and/or consequential loss or damage.
8. Transfer of Plan
A. This plan cannot be transferred to any other property or dwelling. In the event that you wish to transfer this plan to a new owner, you must submit a request in writing, which is subject to approval. In the event contract ownership is transferred, the original contract duration/expiration will apply.
9. Contract Renewals
A. This contract is renewable, upon Platinum Home Warranty approval. In the event the policy has been previously renewed, or if the policy is on a monthly pay plan option, you have authorized Platinum to continue to automatically charge the annual or monthly payment to the credit card on file with us. If you would like to change your payment preference please call us 602.733.5000.
10. Right of Refusal and Contract Cancellation
A. Cancellation by Homeowner: The homeowner can cancel this contract at any time.
B. Prorated Refunds: In the event that the homeowner chooses to cancel coverage by written notification, Platinum shall provide to the homeowner a pro rata refund after deducting for benefits paid and administrative expenses associated with the cancellation. The administrative expenses will not exceed ten percent of the gross amount paid by the service contract holder for the service contract.
C. Coverage Refusal: We reserve the right to refuse the issuance of any warranty contract.
D. Cancellation by Platinum: We have the right to cancel this contract for non-payment, fraud, or the misrepresentation of facts. If for any reason we choose to cancel or refuse contract, the homeowner is entitled to a prorated refund of the remaining paid plan, less any unpaid fees and less the cost of service incurred under the contract period. Refund will be given to the homeowner within (30) days of cancellation notice.
E. Cash in Lieu: We reserve the right to offer cash in lieu of repair or replacement in an amount equal to our cost (less than retail) to repair or replace such items.
11. Heating and Air Conditioning
Covered Items:
Not Covered:
Limits:
12. Plumbing System
Covered Items:
Not Covered:
Limits:
13. Water Heater (gas and electric)
Covered items:
NOT COVERED:
Limits:
14. Electrical System
Covered Items:
Not Covered:
Limits:
15. Kitchen and Household Appliances
Covered Items:
Not Covered:
Limits
16. Garage Door System: 1 unit
Covered Items:
Not Covered:
17. Ceiling fans
Covered Items:
Not Covered:
18. Pest Control
Covered Items:
Not Covered:
19. Platinum Plus Coverage (Included in Silver and Gold)
Included Items:
20. Pool and Spas
Covered Items:
Not Covered:
Limits:
21. Septic Tank
Covered Item:
Not Covered:
22. Drip/Sprinkler Systems
Covered Items:
Not Covered:
Limits
23. Soft Water Systems
Covered Items:
Not Covered:
24. Rekey Service
Covered Items:
Not Covered:
25. Urgent/Emergency Service Defined
In cases of urgent/emergency repair, we will make reasonable efforts to expedite service, including initiating our service effort within 24 hours. Platinum will determine what services constitute an emergency and will make all reasonable efforts to prioritize and expedite emergency service.
An emergency request is generally defined as a service issue resulting in:
1) no electricity, gas, water or toilet facilities to the entire home;
2) no air conditioning, in extreme temperatures, when the unit is the only form of cooling to the entire home;
3) a system malfunction that causes ongoing damage to the home;
4) a condition that immediately endangers the health and safety of the occupants.
If you should request non-emergency service outside of normal business hours, you will be responsible for additional fees, including overtime.
26. Permits
This contract is issued pursuant to a permit granted by the Arizona Department of Insurance (ADOI) and complaints in connection with this contract may be directed to the ADOI by phone at 602.364.2499, online at insurance.az.gov, or by mail at 100 N. 15th Avenue, Suite 102 Phoenix, AZ 85007-2624
16211 N Scottsdale Rd Suite A6A-478
Scottsdale, AZ 85254