TERMS OF SERVICE AGREEMENT HANDIBEE HOME WARRANTY

By purchasing this home service contract (the “Plan”), and making payment for this Plan, you acknowledge that you have carefully read, understand, and agree to the terms and conditions set forth herein. Please retain this document for your records. These terms and conditions, along with the Declarations Page, your receipt for payment and your application, constitute the entire agreement between the parties to this Plan inclusive of all obligations and duties (collectively, the “Plan”). This is not a contract of insurance.

Key Terms:

Throughout this Plan, the terms “we,” “us” and “our” refer to HANDIBEE HOME WARRANTY (“Obligor”) as the party obligated to perform the services described in this Plan.

The terms “you” and “your” refer to you, the Plan holder, as identified on your application and/or receipt for payment.

A. COVERAGE

During the coverage period, Our sole responsibility will be to arrange for a qualified service contractor (“Handyman”) to repair or replace, at our expense in accordance with the terms and conditions of this contract.

Your contract term (the dates that Your contract is in effect), Your contract fee, Your Service Fee, and Your equipment, systems, and appliances covered under this contract, are set forth in Your Coverage Details.
All systems (a) must become inoperative due to normal wear and tear; (b) must be located inside the main foundation (including pool/spa, well pump, septic tank pumping and air conditioner); (c) must be in proper working order on the effective date of this home warranty contract. Known or unknown pre-existing conditions are not covered.
This contract covers occupied homes under 4,000 square feet, unless an appropriate fee is paid.
Coverage starts 30 days after receipt of subscription fee. Within the first 30 days, you opt to request for a home warranty inspection or self-declare as follows:

Confirms that the details on this house’s condition is true and represent a fair and accurate representation of the house.
Confirm at the point of the purchase Handibee Home Warranty, there were no major repair required.
Shall provide whatever information and assistance Handibee Home Warranty may reasonably require to investigate for repair and maintenance. Further, you authorise the home warranty provider approval to provide copies of this notice and associated documents to the contractors and other interested parties and to copy them for any associated proceedings or actions brought in by any authority, and indemnify the operator for any liability arising out of this action.
You agree that if you do not comply with our duty of disclosure or if you have provided false information to Handibee Home Warranty or answered questions fraudulently, and then you will repay to Handibee Home Warranty any moneys that have been paid or cost incurred by Handibee Home Warranty in relation to this claim.

This is a sample; it may vary for other plans.

B. SERVICE REQUESTS

You must request service as soon as the malfunction is discovered and prior to the expiration of Your contract term. (Refer to Your Coverage Details for information on how to request service.)
Upon request for service, We will initiate service within four (4) hours. You will receive the name, phone number, and appointment date and time upon acceptance of the request by a Handyman. In some circumstances, this services will be delivered to you within 1 to 4 days, depends on your coverage.
We will not reimburse for services performed without prior approval.
You will pay a service call fee (“Service Fee”) in the amount set forth in Your Subscription Package to HANDIBEE HOME WARRANTY for each service request you submit to Us.
Service Fee will be based on task perform together with discounted invoice provided by HANDIBEE HOME WARRANTY.
If work performed under this contract should fail within 30 days, We will correct the failure without a Service Fee.
We have the sole right to select the Handyman, it could be HANDIBEE HOME WARRANTY’s employee or 3rd party contractor.

C. COVERAGE (COVERAGE DEPENDENT ON PLAN)

Except for Air Conditioning and Heating Systems, the Coverage is for no more than one unit, system, or appliance, unless additional fees are paid.

Air Conditioning/ – COVERED: All components and parts of the following systems: Wall Mounted Units, Mini- splits, Electric Baseboard. If replacing, only the failed components and parts will be upgraded to meet manufacturer’s mandated guidelines. We will not pay for any modifications necessitated by the repair of existing equipment or the installation of new equipment including but not limited to the required replacement of Air Handlers when replacing Condensers, and Condensers when replacing Air Handlers.
WATER HEATER (Solar/Electric) – COVERED: All components and parts, including tankless water heaters and circulating pumps. EXCLUDED: Holding or storage tanks – Vents and flues – Thermal expansion tanks – Fuel, holding or storage tanks – Noise – Energy management systems – units exceeding 50 litres.
ELECTRICAL SYSTEM – COVERED: All components and parts, including Direct Current (D.C.) wiring, lighting fixtures (Developer’s standard is used when replacement is necessary), and built-in exhaust/vent/attic fans (if any). EXCLUDED: Audio/video/computer/intercom/alarm or security wiring or cable – Telephone wiring – Circuit overload – Face plates.
PLUMBING SYSTEM/STOPPAGE – COVERED: Leaks and breaks of water, drain, waste or vent lines – Toilets and related mechanisms, toilet wax ring seals, faucets, shower heads, shower arms, valves for shower, tub, and diverter, angle stops, risers and gate valves (Developer’s standard is used when replacement is necessary) – Hose bibs – Basket strainers – Built-in bathtub, pump, and air switch assemblies – Pressure regulators – Expansion tanks – Sewage ejector pump (septic system sewage ejector pumps are not covered unless optional coverage is purchased) – Clearing of sink, bathtub, shower, and toilet stoppages – Clearing of mainline drain and sewer stoppages through an accessible cleanout up to 100 feet from access point – Clearing of lateral drain line stoppages up to 100 feet from access point including accessible cleanout, p-trap, drain or overflow access points. EXCLUDED: Stoppages caused by collapsed, damaged or broken drain, vent or sewer lines outside the home’s main foundation – Lines broken, infiltrated or stopped by roots or foreign objects, even if within the home’s main foundation – Bathtubs – Sinks – Showers – Shower enclosures and base pans – Toilet lids and seats – jets – Caulking or grouting – Septic tanks – Water filtration/purification system – Holding or storage tanks – Saunas or steam rooms – Costs to locate or access cleanouts not found or inaccessible, or to install cleanouts – Access through roof vents.

This is a sample; it may vary for other plans.

D. OPTIONAL COVERAGE (Requires Additional Payment)

POOL AND/OR SPA EQUIPMENT – Both pool and built-in spa equipment are covered if they utilize common equipment. If they do not utilize common equipment, then only the pool is covered unless an additional fee is paid. COVERED: Above ground components and parts of the heating, pumping, and filtration system including: Pool sweep motor and pump – Pump motor – Blower motor and timer – Plumbing pipes and wiring – Plumbing and electrical. EXCLUDED: Portable or above ground spas – Lights – Liners – Jets – Ornamental fountains, waterfalls and their pumping systems – Auxiliary pumps – Pool cover and related equipment – Fill line and fill valves – Built-in or detachable cleaning equipment including, without limitation, pool sweeps, pop-up heads, turbo valves, skimmers, chlorinators, and ionizers- Fuel storage tanks- Disposable filtration mediums – Heat pump – Multi-media centers – Dehumidifiers – Salt water generators and components.
LIMITED ROOF LEAK (Landed Homes Only) – COVERED: Repair of shake, shingle, and composition roof leaks over the occupied living area. EXCLUDED: Porches- Patios- Cracked and/or missing material -Foam roofs – Tar and gravel or metal roof – Flat or built-up roof – Structural leaks adjacent to or caused by appendages of any kind – Downspouts Flashing – Gutters – Skylights – Decks – Patio covers – Solar equipment – Roof jacks – Antennae – Satellite components – Chimneys – Partial roof replacement – Preventative maintenance. We will pay no more than RM 500 value per contract term for access, diagnosis and repair and/or replacement. NOTE: If roof must be partially or completely replaced to effect repair, this coverage does not apply.
SEPTIC SYSTEM – COVERED: Sewage ejector pump – Jet pump – Septic tank and line from house. EXCLUDED: Leach lines – Field lines – Lateral lines – Tile fields and leach beds – Insufficient capacity – Clean out – Pumping. We will pay no more than RM 300 value per contract term for access, diagnosis and repair and/or replacement.

E. LIMITATIONS OF LIABILITY

This Agreement does not cover routine maintenance or malfunction due to misuse, abuse, neglect, or failure to maintain any system or appliance in accordance with manufacturer specifications. This Agreement only covers failures due to normal wear and tear. In the event a Handyman is denied, and a You seek to have Us review that denial, We have the right to request routine maintenance records in reviewing Our decision.
You agree that, in no event, will Our liability exceed RM 5,000 value per contract item for access, diagnosis and repair or replacement. You hereby waive all rights to claim, attorneys’ fees, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
We will pay up to RM 200 value to provide access to covered items through unobstructed walls, ceilings or floors, concrete covered, embedded, encased or otherwise inaccessible covered items, and will return the access opening to rough finish condition. Our authorized Handyman will close the access opening and return to a rough finish condition, subject to the RM 200 value limit.
We have the sole right to determine whether a covered system or appliance will be repaired or replaced. We are responsible for installing replacement equipment of similar features, capacity, and efficiency, but not for matching dimensions, brand or color. We reserve the right to offer cash back in lieu of repair or replacement in the amount of Our actual cost (which at times may be less than retail) to repair or replace any covered system, component or appliance.
We are not responsible for upgrades, modifications, components, parts, or equipment required due to the incompatibility of the existing equipment with the replacement system or appliance or component or part thereof or with new type of chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments.
We are not responsible for service to meet current building or zoning code requirements or to correct for code violations including when replacement of systems is necessary.
We are not responsible for any repair, replacement, installation, or modification of any covered system or appliance arising from a manufacturer’s recall or defect of said covered items, nor any covered item while still under an existing manufacturer’s or distributor’s warranty.
You may be charged an additional fee by the Handyman to dispose of an old appliance, or system.
We are not responsible for the cost to obtain permits.
Electronic or computerized energy management or lighting and appliance management systems, solar systems and equipment are not included.
Coverage is not for commercial property or residences used as businesses or for the repair or replacement of commercial grade equipment, systems or appliances.
We reserve the right to obtain a second opinion at Our expense.

This is a sample; it may vary for other plans.

F. MULTIPLE UNITS AND INVESTMENT PROPERTIES

If the contract is for duplex, triplex, or fourplex dwelling, then every unit within such dwelling must be covered by Our contract with applicable optional coverage for coverage to apply to common systems.
The standard contract only covers unit of double story with a maximum of 4 bathrooms. Additional charges will be incurred for units with more floors or bathrooms.
Except as otherwise provided in this section, common systems and appliances are excluded.

G. TRANSFER OF CONTRACT & RENEWALS

You may transfer this contract at any time. There is no fee to transfer contract. This contract is assign based on house address and not the user.
This contract may be renewed at Our option. In that event You will be notified of the prevailing rate and terms for renewal. If You selected the monthly payment option, You will automatically be renewed unless You notify Us in writing 30 days prior to the expiration of the contract.

H. CANCELLATION

This contract may be cancelled by Us for:
1. Non-payment of contract fee by You;
2. Non-payment of Service Fee by You;
3. Fraud or misrepresentation by You of facts material to the issuance of this contract;
4. Mutual agreement of Us and You.
You may cancel this contract at any time for any reason.
1. If You cancel within the first 30 days of the order date for a refund of the paid contract fee.
2. If you cancel at anytime after the first 30 days of the order date:
  1. if We have provided services and Our service costs are less than the contract fees paid for the unexpired term, You will receive a pro rata refund of the contract fees paid for the unexpired terms, less the service costs incurred by Us;
  2. if We have provided services and Our service costs are greater than the contract fees paid, You shall pay us the lesser of:
    1. the difference between Our service costs and the contract fees paid; or
    2. the amount by which the annual rate listed on Your Subscription Details page exceeds the contract fees paid.
3. In addition, You shall be responsible for an administrative fee of the lesser of RM 150.

This is a sample; it may vary for other plans.

I. RESOLUTION OF DISPUTES-MANDATORY ARBITRATION

MEDIATION: In the event of any dispute or controversy arising out of or relating to this Agreement, You agree to file a written claim with Us and allow Us thirty (30) calendar days to respond to the claim.
MANDATORY ARBITRATION: Mandatory Arbitration. HANDIBEE HOME WARRANTY and the Plan holder will attempt in good faith to resolve any controversy or dispute arising out of or relating to this Plan through direct discussions. If these discussions are unsuccessful, all disputes or claims between the parties arising out of the Plan or the parties’ relationship shall be resolved by final and binding arbitration administered through The Malaysian Institute Of Arbitrators (“MIA”) under the MIA Commercial Arbitration Rules. Copies of the MIA Rules and forms can be obtained at https://www.miarb.com/ or by calling (+60)3-22711063. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.
CHOICE OF LAW /VENUE: All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, shall be governed by, and construed in accordance with, the laws of the State of Selangor without giving effect to any choice of law or conflict of law rules. Any proceeding commenced pursuant to this Agreement shall take place in the State of Selangor unless otherwise prohibited by law or agreed to by the parties.

J. SEVERABILITY

If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.

“Handyman” refers to the members of Our network of HANDIBEE HOME WARRANTY’s employee or third party Authorized Service Providers that complete the work under this agreement. Our obligations under this agreement are backed by the full faith and credit of the Obligor.

This is not a contract of insurance.

This is a sample; it may vary for other plans.

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