SERVICE AGREEMENT

1. Service Plans and Coverage.

a. Shield Appliance, LLC offers three service plans for appliance coverage:

i. Wyoming Silver: Fridge (mechanical), Range, Dishwasher

ii. Wyoming Gold: Fridge (mechanical), Dishwasher, Range, Washer, Dryer

iii. Wyoming Diamond: Fridge (mechanical), Range, Dishwasher, Washer, Dryer, Furnace, AC (mechanical), Water Heater (holding tank)

 

A la Carte Available for $6.00 per Appliance

Fireplace, Freezer (mechanical), Fridge, Dishwasher, Microwave, Range, Washer, Dryer, Water Heater, Tankless Water Heater, Furnace, AC (mechanical) Heat Pumps

 

b. All Service Plans are for a minimum period of one (1) year. Plan Holder hereby

agrees to be billed monthly or annually for a minimum period of one (1) year.

 

_______________

Plan Holder Initials

c. Only the appliances listed in the selected Service Plan are covered under this

Service Agreement. If additional coverage for other appliances is needed, the

Plan Holder may elect to upgrade to a plan to include the additional appliance(s).

d. Shield Appliance covers all parts and components with the exception of those

listed in Paragraph 4(e) below.

e. All Service Plans cover labor and cost of part(s) and/or component(s) up to

$450.00 per appliance per call, not per part and/or component. Any additional

costs of part(s) and/or component(s) is the responsibility of the Plan Holder.

f. Coverage offered under this Agreement includes normal wear and tear as well as

malfunctions during the term of the Service Agreement, which is a minimum of

one (1) year.

g. Appliances included in the Service Plan must be installed in a single-family

dwelling and at the address provided when selecting the Service Plan listed above.

Coverage is for residential use only, commercial and businesses are not covered.

i. Duplex, Quadplexes and other multi-family dwelling unit homes must all

have separate service plans for appliance coverage. One Service Plan will

not cover every appliance within a building.

ii. Multiple appliances of the same kind will require an additional Service

Plan for coverage of that appliance.

1. Example: homes with a refrigerator in the kitchen and garage will

require separate Service Plans for coverage of both refrigerators.

h. Appliance(s) must be installed in the home or dwelling unit for initial diagnosis.

i. Appliance(s) must be in condition that repair is a feasible and prudent option.

j. Appliance(s) that are not maintained by routine cleaning according to

manufacturer specifications will not be covered under the Service Plan.

Appliance that are not functional due to extreme filth are not covered.

k. Shield Appliance will not be responsible for repairs on any appliance not covered

by a Service Plan. Any appliance not covered by a Service Plan can be repaired

at Shield Appliance’s normal service rates, which can be found on Shield

Appliance’s website.

l. A $20.00 fuel surcharge applies to all calls more than ten (10) miles outside of the

City of Gillette’s city limits. This fee applies to all service calls.

 

2. Shield Appliance Right to Service.

a. Shield Appliance reserves the sole discretion to determine whether a repair is to

be made or if a repair cannot be made for reasons beyond Shield Appliance’s

control.

i. If Shield Appliance determines a repair cannot be made, Shield Appliance

will offer Plan Holder a voucher in lieu of repair.

 

b. Shield Appliance may rebuild existing parts or components and reinstall rebuilt

parts or components into the Appliance(s).

c. Shield Appliance will install replacement parts and/or components that are:

approved by the manufacturer; a direct OEM replacement; similar to or of the

same capacity and efficiency. Replacement parts and components may not be the

exact dimensions, brand or color of the part that is being replaced.

d. Shield Appliance is not responsible for matching color of a part or component that

does not contribute to the primary function of the appliance(s) to be repaired or is

internal within the appliance. Plan Holder must pre-approve any external part

and/or component that is to be replaced that does not match the external color of

the appliance.

e. Shield Appliance will not perform any repairs that are in violation of any

applicable code, regulation or law. Further, Shield Appliance will not perform a

repair that is not in compliance with manufacturer recommendations.

f. Shield Appliance will not perform a repair on an appliance that has been pieced

together with unknown parts and/or components to make the appliance

operational.

g. Shield Appliance will not perform a repair on any appliance with a known recall

unless contacted and contracted directly by the manufacturer to make the repair

and/or change to the appliance.

h. Shield Appliance will not repair or replace any part or malfunction(s) covered by

the manufacturer, distributor, or items covered by an extended warranty of the

appliance unless contracted directly by the manufacturer or distributor to perform

the repair.

i. Shield Appliance will not repair an appliance if the part and/or component needed

to repair is no longer available or discontinued. Repairs cannot be made with

parts that are not recommended by the manufacturer or an OEM replacement part.

j. If the part and/or component needed to repair an appliance is unavailable for

thirty (30) days, Plan Holder may elect to continue to wait for the part as long as it

has not been discontinued. If Plan Holder elects not to wait for the part, Shield

Appliance is not obligated to offer money, a voucher, or replacement appliance to

Plan Holder.

k. In circumstances where the appliance is too old and/or the manufacturer has

discontinued the appliance and/or part(s) to repair the appliance, Shield Appliance

will not be liable to Plan Holder to attempt to repair the appliance. Shield

Appliance is never responsible to replace an appliance.

 

3. Voucher and Second Opinion Policy.

a. If Shield Appliance determines the cost of repair is beyond the worth of the

appliance itself, or a technician has deemed the appliance a hazard to repair and

should not be put back into service, or if the part(s) and/or component(s) are

unavailable or discontinued, Shield Appliance may offer Plan Holder a voucher

for that specific appliance up to the amount of $250.00 in lieu of the repair. Once

the voucher is accepted and received, the service call/matter is considered final

and Shield Appliance will take no further action to repair the appliance.

b. If Shield Appliance determines a repair cannot be made and the Plan Holder

determines the voucher is not sufficient, Plan Holder may seek a second opinion.

It is the responsibility of Plan Holder to locate and schedule another appliance

repair company for a diagnosis. If the second appliance repair company believes

the appliance can be repaired the following applies:

i. Plan Holder may elect to have the appliance repaired and Shield

Appliance will cover the cost of the part to be repaired, not the cost of the

labor. Proof of repair must be provided for reimbursement.

ii. Plan Holder must select a company that is in the business of appliance

repair. Shield Appliance will not honor second opinions of persons such

as friends and/or family members who do not have a separate operating

business of appliance repair.

4. Limitations of Shield Appliance Service Plans.

a. Shield Appliance will not offer a replacement appliance of any kind and at no

time will an appliance be replaced by Shield Appliance if a repair cannot be

made.

b. Routine maintenance and cleaning of appliance(s) are not covered under the

Service Plans.

c. Commercial Equipment and/or brands considered to be of commercial grade by

the manufacturer are not covered.

d. Sealed systems are not covered by the Service Plans. Sealed systems include:

compressor replacement; adding or removing freon; breaking into the sealed

system or braising to seal leaks in a closed system.

e. Shield Appliance Service Plans do not cover the following: 

Wine chillers, multi-media centers, water plumbing lines, 

electric furnaces, glass top replacement on ranges, door replacement on any

appliance, swamp coolers, window AC units, aftermarket thermostats

(nest, smart home thermostats, Vivint Smart Home), venting,

A-coil cleaning, condenser cleaning, drainage repair or disassembly, heat

exchange replacement, electrical wiring (replacement or repair), coal conversion

heat sources, humidifiers, dehumidifiers, piping, freon, compressors, braising, or

leak checks within a sealed system, ductwork, rooftop units, attic furnaces or

chimney inspection, compressors, and internal appliance water lines.

f. If Shield Appliance has determined freon needs to be added or subtracted, the

Plan Holder shall contact an HVAC company of their choice to add or subtract

freon. Shield Appliance will cover the cost of R410-A freon only per

recommendations of the EPA. Shield Appliance will not cover costs of labor to

add or remove freon. Shield Appliance will cover the costs of freon on a biannual

basis.

g. Shield Appliance does not cover after-hour calls for service. Please refer to

Shield Appliance website and/or call for current hours of operation.

h. In the event of a furnace breaks down after hours and Plan Holder needs immediate

assistance/repairs and cannot wait for next day normal operations, the Plan Holder may call an HVAC company for said repair.

Shield Appliance will cover the cost of parts only up to $450.00 upon proof of

repair. Any labor costs are the responsibility of the Plan Holder.

i. As previously stated in Paragraph 1(e), Shield Appliance will cover part(s) and/or

component(s) up to $450.00 per appliance per call, not per part and/or component.

Any part(s) or component(s) over $450.00 will require pre-authorization of the

Plan Holder prior to part(s) or component(s) being ordered. Plan Holder is

responsible for any cost over $450.00. Payment is due at the time repair is made

and appliance is put back into service.

5. Shield Appliance Cancellation Policy.

a. Plan Holder may terminate a Service Plan at any time during the one (1) year

term. However, Plan Holder is still liable to pay for the entire one (1) year term

of service regardless of when the Service Plan is terminated.

b. Upon termination of a Service Plan prior to the completion of the one (1) year

term, Plan Holder may select to pay for the remaining term in one (1) lump sum

payment or continue with a monthly fee for the remainder of the term. Both

options are without the benefit of coverage.

 

6. Renewal of Service Plan.

a. Shield Appliance Service Plans do not automatically renew. At the termination of

the one (1) year term, Plan Holder must again select a Service Plan and agree to

the yearly rate for coverage.

b. Shield Appliance will send Plan Holder a renewal notice approximately 30 days

prior to the end of the Service Plan coverage term by mail and/or email. If the

Service Plan is not renewed by Plan Holder, coverage of appliances under the

Service Plan will cease on the last day of the term.

7. Shield Appliance Termination of Service Plan.

a. All Service Plans are subject to twelve equal monthly installments or one annual

payment. Any late payment after thirty (30) days will be subject to automatic

termination of the Service Plan. Further, payment for any remaining monthly

installments to fulfill the one (1) year term shall become due immediately.

b. Shield Appliance may terminate any Service Plan upon threatening behavior,

actions or violence by Plan Holder to any of Shield Appliances staff.

c. Shield Appliance may terminate any Service Plan upon defacing or damaging of

property belonging to Shield Appliance.

d. Shield Appliance may terminate any Service Plan wherein Plan Holder attempts

to replace a covered functioning appliance for a nonfunctioning uncovered

appliance.

e. Shield Appliance may terminate any Service Plan wherein Plan Holder is

disabling or tampering with an appliance in order to take advantage of the Shield

Appliance voucher program. Any fraudulent activity and or misrepresentations

are also grounds for termination of a Service Plan.

 

8. Shield Appliance Home Entry Policy.

a. Prior to entry into a home by Shield Appliance, all dogs mut be kenneled, secured

in a separate area of the home or placed outside. Shield Appliance will not enter a

home if dog(s) are not secured.

b. Shield Appliance has the right to refuse service if:

i. Any illegal substances are suspected or visible.

ii. The home is in a condition that is hazardous to the health or safety of the

Shield Appliance technician due to smell, hoarding, unsanitary and/or

unsafe conditions.

iii. The area around the appliance to be serviced shall be in a clean and

uncluttered state. Failure to provide sufficient space and cleanliness will

result in a rescheduling or cancellation until the area is in an acceptable

condition.

iv. The Plan Holder or authorized agent of Plan Holder becomes threatening

or belligerent with Shield Appliance technician.

 

c. Plan Holder or authorized agent over the age of 18 must be present at the time of

the appointment and present at all times while the technician is on-site.

 

9. Shield Appliance General Terms and Conditions.

a. Shield Appliance is not responsible for any violations of federal, state or local

laws, regulations or guidelines prior to the beginning of the Service Plan term.

Further, Shield Appliance will not perform repairs or replacement of part(s) or

component(s) that violate any current federal, state, local code, regulation or

guideline.

b. Shield Appliance is not responsible for any damage caused by moving or shifting

of an appliance to perform a diagnosis or repair. Plan Holder is hereby aware of 

the possibility of damage resulting to an appliance and or personal property inside

or outside a home when moving heavy appliances and/or making repairs to an

appliance.

c. Shield Appliance is not responsible or liable for secondary, incidental, and/or

consequential loss or damage resulting form a malfunction of any covered

appliance.

d. Shield Appliance will not be liable for any delay caused by a third-party source

such as parts suppliers or delivery companies, weather related delays, or any other

event beyond the control of Shield Appliance.

e. Shield Appliance will not be liable for any food spoilage or costs associated

thereof that may be caused due to an appliance malfunction or seizure, such as

frozen pipes, in-home temperature drop or excessive heat, water damages, fire,

etc.

f. Shield Appliance is not liable for any loss of wage claim, or missed appointment

fees or any other financial implications due to an appliance malfunction or repair.

g. In the event a lawsuit is brough under this Service Agreement to enforce the terms

hereof, Shield Appliance and Plan Holder agree the unsuccessful party in such

action shall pay the successful party such reasonable attorney’s fees and other

costs as may be determined by a court of competent jurisdiction.

h. Choice of Law, Venue and Waiver of Jury Trial. The validity, interpretation and

performance of this agreement shall be controlled by and this agreement

construed under the laws of Wyoming. Both parties’ consent to jurisdiction in the

circuit court, Sixth Judicial Circuit, Campbell County, Wyoming and waive any

objections to personal jurisdiction under any applicable law. EACH OF THE

PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO

TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION IN ANY

PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT

OR THE TRANSACTIONS OR EVENTS CONTEMPLATED HEREBY OR

ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS

(WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. THE

PARTIES EACH AGREE THAT ANY AND ALL SUCH CLAIMS AND

CAUSES OF ACTION SHALL BE TRIED BY THE COURT WITHOUT A

JURY. EACH OF THE PARTIES FURTHER WAIVES ANY RIGHT TO SEEK

TO CONSOLIDATE ANY SUCH PROCEEDING IN WHICH A JURY TRIAL

HAS BEEN WAIVED WITH ANY OTHER PROCEEDING IN WHICH A

JURY TRIAL CANNOT OR HAS NOT BEEN WAIVED.

The Shield Appliance Service Plan selected is: _____________________________________.

The fee for the selected Service Plan is:_____________________ and shall be billed in twelve

equal installments of ____________ or one annual payment of ________________.

The covered appliances under this plan are:

_____________________________________________________________________________.

The model/make of the covered appliances are:

______________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________.

 

The term of coverage for the selected Service Plan is:

_____ day of ____________, 20______ to _____ day of __________________, 20_____.

 

DATED _______________ day of ___________________________, 20______.

 

SHIELD APPLIANCE, LLC PLAN HOLDER

 

__________________________________ ______________________________

 

______________________________