Common use of Alternate Claim Dispositions Clause in Contracts

Alternate Claim Dispositions. (a) In some instances, in lieu of authorizing the repair or replacement services for a claim made under this Agreement, we will elect to remit a payment to you as the final disposition of the subject claim (hereinafter a “Claim Buyout”). The decision to elect a Claim Buyout rather than replacing or repairing Items is solely our option. The Claim Buyout amount will be strictly calculated based on: (i) our costs for the parts required to repair the Item to return it to Proper Operating Condition; or (ii) our costs to replace Items; and (iii) our estimated labor costs for our in-network Service Professional to perform the repair or replacement services. (b) In some instances, where our estimated combined costs of diagnosis and the performance of the repair or replacement services exceeds a stated dollar limit in this Agreement, we will not perform the repair or replacement services; but will instead elect to remit a payment to you in the amount equal to the applicable dollar limit stated in this Agreement as the final disposition of the subject claim. If the applicable stated dollar limit in this Agreement is an aggregate amount, then all prior claims paid under this Agreement will be subtracted from the applicable stated aggregate dollar limit, with the remainder to be payable to you. (c) Our costs for parts, replacement Items and Service Professionals’ labor are substantially less than typical retail costs and Claim Buyout payments will not be adjusted to match the costs/pricing of out-of network Service Professionals to perform the same repair or replacement services and or the retail price of parts or replacement Items. (d) Any payment remitted to you pursuant to this Agreement will be less the applicable deductible amount if not yet paid for the applicable claim. (e) Any payment remitted to you will not include any costs not covered under the terms of this Agreement. (f) Should we remit payment to you for the repair or replacement of an Item and you: (i) do not repair the Item; (ii) only repair an Item that was diagnosed to be replaced; or (iii) replace an Item with a used or refurbished Item, the subject Item will be excluded from further coverage under this Agreement and all subsequent renewals. We reserve the right to inspect repaired and/or replaced Items.

Appears in 6 contracts

Samples: Home Warranty Agreement, Home Warranty Agreement, Home Warranty Agreement

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Alternate Claim Dispositions. (a) In some instances, in lieu of authorizing the repair or replacement services for a claim made under this Agreement, we will elect to remit a payment to you as the final disposition of the subject claim (hereinafter a “Claim Buyout”). The decision to elect a Claim Buyout rather than replacing or repairing Items is solely our option. The Claim Buyout amount will be strictly calculated based on: (i) our costs for the parts required to repair the Item to return it to Proper Operating Condition; or (ii) our costs to replace Items; and (iii) our estimated labor costs for our in-network Service Professional to perform the repair or replacement services.Claim (b) In some instances, where our estimated combined costs of diagnosis and the performance of the repair or replacement services exceeds a stated dollar limit in this Agreement, we will not perform the repair or replacement services; but will instead elect to remit a payment to you in the amount equal to the applicable dollar limit stated in this Agreement as the final disposition of the subject claim. If the applicable stated dollar limit in this Agreement is an aggregate amount, then all prior claims paid under this Agreement will be subtracted from the applicable stated aggregate dollar limit, with the remainder to be payable to you. (c) Our costs for parts, replacement Items and Service Professionals’ labor are substantially less than typical retail costs and Claim Buyout payments will not be adjusted to match the costs/pricing of out-of network Service Professionals to perform the same repair or replacement services and or the retail price of parts or replacement Items. (d) Any payment remitted to you pursuant to this Agreement will be less the applicable deductible amount if not yet paid for the applicable claim. (e) Any payment remitted to you will not include any costs not covered under the terms of this Agreement. (f) Should we remit payment to you for the repair or replacement of an Item and you: (i) do not repair the Item; (ii) only repair an Item that was diagnosed to be replaced; or (iii) replace an Item with a used or refurbished Item, the subject Item will be excluded from further coverage under this Agreement and all subsequent renewals. We reserve the right to inspect repaired and/or replaced Items.

Appears in 1 contract

Samples: Home Service Agreement

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