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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 $8.00 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.
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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
__________________________________ ______________________________
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