Southern Trust Home Services warrants and guarantees to the original purchaser (“Customer”), that should Customer accept and purchase Southern Trust Home Services’ recommended repair, such repair shall be free from defect in materials and workmanship under normal use and conditions for as long as the Customer owns the residence in which the recommended repair (“Covered Repair”) (see definitions below) was provided or until the Unit in which the Covered Repair was performed, if applicable, is replaced (“Limited Lifetime Warranty/Guarantee”). This Limited Lifetime Warranty/Guarantee shall hereinafter be referred to as this “Warranty.”
This Warranty shall apply only to the recommended repair(s) performed by Southern Trust Home Services. All non-recommended repairs and all non-repair services, including without limitation, drain cleaning services, Acrylic Bath Solutions and HVAC installation services, if performed by Southern Trust Home Services, shall be covered by Southern Trust Home Services’ applicable warranty as provided on the appropriate sales invoice or Investment Agreement issued to the Customer. This Warranty does not cover consumable products including, but not limited to bulbs, batteries and filters and does not extend to customer supplied equipment or materials. This Warranty does not apply to equipment that was not installed by Southern Trust Home Services; repairs that were not performed by Southern Trust Home Services; or repairs made necessary due to the failure of a non-covered part causing damage, whether in whole or in part, to the Covered Repair.
Southern Trust Home Services shall not be responsible for and such Warranty shall be void in the event of damage or repairs resulting from abuse, misuse or improper use, neglect, Acts of God, unauthorized alteration, modification, or repair including repair or service of the Covered Repair by others, or improper operation. The Warranty shall be void if Customer does not finalize permit inspections (if required) which is Customer’s obligation or if the Customer fails to perform the manufacturer’s suggested maintenance or upkeep as required on the Covered Repair.
Customer agrees that Southern Trust Home Services’ responsibility with respect to claims made under this Warranty shall be limited solely to the necessary service and repairs or, at Southern Trust Home Services’ sole option, the replacement of the Covered Repair if found by Southern Trust Home Services to be defective. This Warranty provided by Southern Trust Home Services applies to materials and workmanship from the date of the performance of the Covered Work and terminates on the date that the Customer no longer owns the residence in which the Covered Repair was performed or upon the replacement of the Unit that contains the Covered Repair.
Southern Trust Home Services disclaims any liability for incidental or consequential damages, including lost or duplicated time, expenses or wages, accruing for any reason whatsoever to Customer, whether such claim is made in contract or in tort or under any warranty or in negligence, indemnity or otherwise, even if Southern Trust Home Services has been advised of the possibility of such damages.
If Southern Trust Home Services determines that the Covered Repair must be replaced, Southern Trust Home Services makes no guaranty that the same make and model will be available. In the event that a different make or model is provided pursuant to this Warranty, Customer will receive a model of substantially equal or approximate size and performance as the original Covered Repair.
Southern Trust Home Services assumes no obligation to incorporate any modifications or improvements developed by the manufacturer in any goods or materials previously sold or in service. This Warranty provided is separate from and independent of any manufacturer’s warranty. In the event of a recall of any portion of the Covered Repair, whether voluntarily by the manufacturer or mandated by a governmental authority, the manufacturer’s warranty shall be primary and Customer shall comply with all manufacturer requirements for claims under such manufacturer’s warranty before making any claim under this Warranty.
This Warranty does not apply to any portion of the Covered Repair which has not been paid for according to the applicable terms of such purchase. The terms and conditions of this Warranty cannot be altered without Southern Trust Home Services’ written consent. No agent of Southern Trust Home Services has any authority to give any warranty that exceeds that listed in this Limited Lifetime Warranty, and the Customer is therefore warned to read this Warranty carefully to make sure it correctly reflects those terms that are important to the Customer.
This Limited Lifetime Warranty is exclusive and in lieu of all other express, statutory and implied warranties, including those of merchantability and fitness for any particular purpose.
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Covered Repair: Southern Trust Home Services maintains to complete listing of all recommended repairs that constitute and make up the full range of Covered Repairs. A Customer will be informed in advance of a purchase if the repair work contemplated is with the Covered Repair terms and conditions. Generally, any work that is commonly considered to be a replacement rather than a repair (for example the purchase of a new hot water heater is a REPLACEMENT, not a repair) is not included within the definition of a Covered Repair.
Unit: is defined as an assembly of more than one part, for example, a furnace. If a covered recommended repair is a part within the furnace, once the furnace has outlived its useful life and is replaced, the Warranty on such part within the Unit (in this example, the furnace) is terminated.