Appliance Service & Protection - Terms and Conditions
The Contract Holder (hereinafter referred to as “You” or “Your”) has made a smart consumer decision to purchase protection for the future cost of repairing or replacing Your products. Black Hills Energy (hereinafter referred to as “We”, “Us” or “Our”) is here to provide that protection pursuant to the following terms and conditions.
One Time Payment Option: Upon Our approval of Your products for participation in this program, Your coverage will commence 30 days from the date the annual payment is received by Us and will continue thereafter for 12 months, provided You comply with the terms and conditions of this contract. In the event Your dwelling may be declared a total loss, We will suspend coverage for the remaining term of this contract until a certificate of occupancy is received. Once received, Your coverage will be reinstated.
If any of Your annual payments become more than 15 days past due, coverage will be automatically suspended. If Your annual payment becomes more than 60 days past due, Your coverage will automatically terminate. If Your coverage terminates due to non-payment, a 30-day waiting period along with a full payment for one year will be required before Your coverage may be reinstated.
Paid By Bank Monthly Payment Option: Upon Our approval of Your products for participation in this program, Your coverage under this contract will commence 30 days from Our receipt of the first monthly installment and will continue on a monthly basis so long as Your account remains current. If Your monthly payment becomes more than 15 days past due, coverage will be automatically suspended with or without notice from Us. If Your payment becomes more than 60 days past due, Your coverage will automatically terminate with or without notice from Us. If Your coverage terminates due to non-payment, a 30-day wait period along with a full payment for one year will be required before coverage may be reinstated.
PURCHASE TERMS AND CONDITIONS
Covered products must be in place in Your residence and in good operating condition on the effective date of coverage and thereafter become inoperative due to normal wear and tear after the effective date of this contract. The covered products must be located within the main foundation of Your residence and/or Your residences’ attached garage. Outdoor heating and cooling equipment must be located within fifteen feet (15’) of the main residence, unless otherwise approved in writing by Us. Coverage under this contract only applies to Your products that are used for non-commercial and non-agricultural purposes. We reserve the rights to pre-inspect Your products that are subject to coverage under this contract before Your coverage is approved by Us.
our obligations to you
After the effective date of Your contract with Us and Your compliance with each of the terms and conditions of this contract, We will arrange to repair or recommend to replace the covered products, based on the specific plan that You have purchased, less any applicable deductible.
How to obtain service
In the event a failure occurs to a covered product, please call toll free: 1-877-747-2805. Our Customer Service Representatives are available 24 hours a day, 365 days a year. Upon You contacting Us, We will arrange for a Black Hills Energy Technician or one of Our authorized contractors to contact You by telephone to schedule an appointment for service within 4 hours of receiving Your call. Special efforts will be made to expedite service in emergencies, on weekends, and during evening hours.
We will provide service to either repair or replace the covered product, less a deductible of $50.00 per service call. All deductibles must be paid in full at the time service is performed or within 30 days from the time the customer is invoiced, subject to Our termination of this contract in the event You fail to pay. The deductible must be paid only once within a period of 90 days per product per breakdown per calendar year. Deductibles are waived with the ASAP Premium Plan.
- WATER HEATER - All standard gas, propane, and electric components and parts that affect the operation of the product or unit are covered by this contract. This coverage does not include any parts related to the ventilation (flue) system, gas piping or plumbing to or from the unit, or electrical systems contained outside of the unit. Coverage does not include water heater units that are boiler systems, or on demand (tankless) water heaters.
- HEATING SYSTEM (Primary Only) - All components and parts, which affect the heating operation of the gas, propane, or electric components for centralized force-air units, including heat pumps which heat or cool Your residence. This contract does not provide coverage for stand-alone heaters such as baseboard, in-floor or ceiling radiant, cove heat units, solar panel units, wood burning stoves or heaters, oil fuel heating systems, or any catalytic devices. Other exclusions are also included in this contract.
- ELECTRIC CENTRAL AIR CONDITIONING - All components and parts that affect the cooling operation of the centralized forced-air unit, which provides airflow through central ductwork. This contract does not include coverage for evaporative coolers, gas absorption units, or built-in wall units. Other exclusions are also included in this contract.
ADDITIONAL PLAN BENEFITS
Repair or Replacement: If We, at Our sole discretion, determine that any product is not repairable for any reason, including but not limited to the unavailability of parts, or in the event We, at Our sole discretion, determine that the unit should be condemned for safety reasons, We shall, at Our option, require the replacement of the product in lieu of repairs. Upon such a determination by Us, We will provide You with a cash allowance to assist You in the replacement of the affected product or unit. Upon the occurrence of the latter event, We will be excused from further performance under this contract as to the non-repairable product or unit. The non-repairable product or unit shall become Your property, unless otherwise confiscated by Us (upon Our request) for investigation.
Warranty Period: All service work performed by a Black Hills Energy Service Technician or an authorized service contractor is warranted for 90 days’ parts and 30 days’ labor. In the event repairs performed under this contract should fail during the warranty period, We, or the service contractor, will make the necessary repairs without requiring you to pay an additional deductible.
Transferable: In the event You sell Your residence that is the subject of this contract, You may transfer this contract to the new homeowner at no cost. Such transfer is conditioned upon the new homeowner executing a contract with Us. Contracts are not transferable to any other property, however, if You wish to obtain a contact for a different property, You may do so by notifying Us. A new contract, pre-inspection, and a 30-day waiting period, may be applicable. For contract changes, please contact our administrative office at 605-721.2687.
Renewal of Your Service Contract: If You are on the annual payment plan, prior to the expiration of your service contract, We will provide You with the opportunity to
renew Your coverage. Renewal prices will reflect the applicable rates and terms of coverage at the time of renewal. Renewal notices will be provided only if You are on the annual payment plan. If You are on the monthly payment plan, the contract will be automatically renewed each month unless cancelled by You in compliance with the terms set forth in this agreement. If a change in price occurs, You will be notified in writing at least 30 days prior to the change being effective.
This coverage is intended for single-family residential properties or residences with self-contained HVAC units. Mobile homes, including manufactured homes not affixed to a permanent foundation can be covered under ASAP. A pre-inspection may be required before coverage can begin.
Parts Delay: It is frequently necessary for technicians to await shipment of parts ordered to correct malfunctions. In this event, We cannot be responsible for delays encountered in delivery of such parts.
Heat Pump: Subject to the terms and conditions of this contract, We provide a product replacement allowance up to a maximum of $1,000 for the replacement of an electric air source heat pump (including geothermal heat pumps), which maximum sum shall include charges incurred for service call(s). The replacement is required if, in Our sole opinion, the equipment can not be repaired if due to the product’s age, safety concerns, or the unavailability of necessary parts and/or materials to accomplish the repair. This replacement allowance is allowed only once per contract year per unit.
Heating and Cooling: Subject to the terms and conditions of this contract, We provide a product replacement allowance up to a maximum of $500 for the replacement of a central (forced-air unit) gas, propane and electric heating and electrical central air conditioning product or unit, which maximum sum shall include charges incurred for service call(s). The replacement is required if, in Our sole opinion, the product or unit can not be repaired due to the product’s age, safety concerns, or the unavailability of necessary parts and/or materials to accomplish the repair. This replacement is allowed only once per contract year per unit.
Water Heater: Subject to the terms and conditions of this contract, We provide a product replacement allowance up to a maximum of $250 for replacement of an electric, gas or propane water heater product or unit (excluding boiler systems and on demand tankless water heaters), which maximum sum shall include charges incurred for service call(s). The replacement is required if, in Our sole opinion, the product or unit can not be repaired due to the product’s age, safety concerns, or the unavailability of necessary parts and/or materials to accomplish the repair. This replacement is allowed only once per contract year per unit.
Heating and Cooling Repair Limits:
Heat Pump and Central Air Conditioning Compressor Repairs: Subject to the terms and conditions of this contract, Our obligation to repair or replace a compressor unit within a heat pump or central air conditioning unit is limited to the maximum sum of $1,000 . The allowance will be used to cover labor, parts and material costs when a compressor is repaired or replaced. You will be responsible for any additional expense incurred for the repair or replacement of the compressor. This is allowed only once per contract year per unit.
Natural Gas/LP Exchanger Repairs: Subject to the terms and conditions of this contract, Our obligation to repair or replace a heat exchanger is limited to the maximum sum of $500. The allowance will be used to cover labor, parts and material costs when it is required to either repair or replace the heat exchanger. You will be responsible for any additional expense incurred for the repair or replacement of the heat exchanger. This is allowed only once per contract year per unit.
Upgrades and Code Violations: We will not upgrade any covered product or item that may be replaced pursuant to this contract. If a product or item of like quality can not be utilized because of current zoning, building, or other government regulation, Our obligation pursuant to this contract is limited to Our cost of the like quality item, but in no event shall our obligation exceed the Coverage Limitations stated above. If current building or other code violations are discovered before or during the performance of service, We will not be required to perform service until You complete the necessary corrective work. If additional costs are incurred in order to comply with local, state, or federal law or regulation, We are not responsible for any additional expense incurred to for You to comply with such law or regulation.
Hazardous Materials: We will not be obligated to perform or cause to be performed any service involving exposure to or the handling of hazardous wastes, toxic materials or asbestos. If any hazardous wastes, toxic materials or asbestos are encountered by Us during a service pursuant to this contract, You will be solely responsible for the removal, cleanup and disposal of such wastes, materials and/or asbestos.
Multiple Systems: This contract provides coverage for a single system related to your residences’ heating, cooling, and/or water heating products. Each additional system is subject to a multiple unit charge. Additional fees for two or more units are available to You. Contact your local Black Hills Energy representative for program prices.
Access: We are not responsible for reconfiguring space to accommodate the replacement of equipment when equipment of identical dimensions is not readily available. All surfaces will be restored to a rough finish when opened to gain access, diagnose, or correct a malfunction. Additionally, We can not be responsible for replacing or restoring items including, but not limited to, cabinets, wall coverings, countertops, or any other finished surface.
Cancellation: You may cancel this contract within 30 days of receipt of payment of contract fees, provided You notify us of the cancellation in writing. If this contract is canceled after more than 30 days from Our receipt of Your payment of contract fees, You shall be entitled to a refund of the pro-rata unearned premium less claims paid and an administrative fee of $25.00. We may cancel this contract for any reason at any time, including because of Your failure to pay any applicable deductibles and/or surcharges, nonpayment of premium, fraud or misrepresentation, or if You file false or exaggerated claims.
Commercial buildings, apartment complexes, all dwellings with shared HVAC systems, recreational campers, trailers, and vehicles.
Pressure regulators, re-circulating pumps; water softeners; loop circulating pumps; loop field for ground source or water source heat pumps; low voltage systems. Fuel storage tanks; filters; humidifiers; general filters; pads; registers and grills. Gas air conditioning; condenser housing and inaccessible line sets. Timers and clocks; lock and key assemblies; touch pad assemblies (unless they affect the operation of the unit(s)); remote transmitters, controls or systems; interior lining. Accessories and/or add-on options not essential to the basic function of the product; removable attachments and hoses; caulking and grouting; rust corrosion or chemical build-up conditions; inadequate or excessive water or gas pressure; inadequate capacity; structural or cosmetic defects/changes. Fire; flood; smoke; lightning; freeze; storms or similar acts of God/nature; accidents; collapse; vandalism; misuse/abuse; theft; explosion; improper installation or previous repair; design deficiency; Energy failure, surge or overload; neglect or lack of maintenance; rodent, animal or insect damage; disassembled parts. Common (shared) systems or components. Preexisting conditions; fixtures of any kind.
ASAP PREMIUM PLAN
Excluding the deductible clause, all other Terms and Conditions for ASAP Basic and ASAP Plus also pertain to ASAP Premium. The Premium Plan also includes, at no extra charge, one annual preventative service check of the primary heating and cooling system. The service check will include two 1” filters or one 2” filter for future use. Other filter sizes available at customer expense. It is the sole responsibility of the Contract Holder (You) to schedule the yearly service check with Black Hills Energy. Preventative service checks are available for secondary HVAC systems for a separate fee if more than one HVAC system is covered on the plan.
DISCLAIMER OF CERTAIN LIABILITIES
Under no circumstances shall We be liable for loss or damages to any person or property, indirect, consequential or incidental, arising from the use or inability to use the product to the extent such may be disclaimed by law, nor will this service contract cover any defects which are subject to a manufacturer’s recall or which are covered under a manufacturer’s program of reimbursement. This plan is not a warranty or insurance policy; it is a service contract. This is not a guarantee or a promise relating to the nature of the material, workmanship or performance of the products covered by the contract.