Provider means H.A.H.A. Group, Ltd. (“HAHA”), P.O. Box 813, Syosset, NY 11791 and is responsible for providing the benefits owed to You under this Service Agreement. You may contact us at the foregoing address or by calling us at 1-844-GET-HAHA.
Administrator means H.A.H.A. Group, Ltd. (“HAHA”), P. O. Box 813, Syosset, NY 11791 and its affiliates, in its capacity as Administrator and manager of the benefits owed under this Service Agreement.
We, Us, and Our means the Provider and Administrator collectively.
You and Your means Service Agreement Holder listed on the Declaration Page.
Interior Gas Line means the piping system that distributes natural gas to the points of use within Your home.
Emergency Breakdown means the sudden failure to the Interior Gas Line for which you have sole responsibility from the point of entrance to the home to the shut-off valve (or where code requires a shut-off valve) at each natural gas appliance located within the home and up to the shut off valve on the extension gas lines that exit the home and supply natural gas to an exterior gas appliance due to defects in workmanship and/or materials, normal wear and tear or arising in the course of ordinary functioning and usage, which immediately:
a.) Exposes you to a risk to your health.
b.) Creates a risk of or damage to your property or any of Your belongings normally contained within the property; or
c.) Makes your home uninhabitable.
Service call(s) means repair or replacement or unblocking work performed by a licensed plumber or licensed service provider to diagnose and eliminate a single covered Emergency Breakdown.
Service Agreement Fee. The amount you paid for this Agreement.
1. RESPONSIBILITY FOR BENEFITS OWED TO YOU
H.A.H.A. Group, Ltd. (“HAHA”) is the service contract issuer and provider responsible for the performance of contractual obligations under the Service Agreement, including service performance and payment of cost of any benefits owed to You under the Agreement. H.A.H.A. has designed the protection program provided to You under this Service Agreement, and manages and administers the delivery of benefits owed to You under the Agreement. H.A.H.A. will be responsible for reviewing, processing and adjusting any claim You may have for benefits under this Service Agreement. H.A.H.A. will serve as your ordinary point-of-contact for any questions or concerns you may have with respect to Your Service Agreement; Obligations under this Service Agreement are underwritten and supported by contractual liability insurance procured by the obligor. All other terms and conditions of this Service Agreement are subject to, and modified by, the allocation of responsibilities set forth in this paragraph, unless otherwise indicated for residents of Your state as detailed in the applicable STATE VARIATIONS at the beginning of this Agreement.
2. SERVICE AGREEMENT
This Service Agreement is only valid after Our acceptance of the application and receipt of payment.
This Service Agreement continues for One (1) Year from the effective date listed on the Declaration Page. However in the first year of coverage you may not make a Service call within (30) days of the effective date listed on the Declaration Page. Payment is due the same time You sign up and must be received by Us for Your Service Agreement to be effective. This Service Agreement will automatically renew for an additional term, unless prohibited by law, and will continue to renew for like terms and conditions provided; we continue to offer the Service Agreement; timely payments are made by You; or unless cancelled within 30 days of the end of the term of your current agreement or cancelled as provided in this Service Agreement. We reserve the right to modify this contract or offer this contract at a different price upon renewal.
This Service Agreement will only cover systems for which You have responsibility. We do not cover any repairs for systems that landlords, utilities or other entities are responsible for repairing.
3. PRIORITY REPAIR SERVICE
First, a broken, cracked or leaking gas pipe can create a dangerous situation. If You suspect You have a broken, cracked or leaking gas pipe, think safety first and repairs second. The first thing You should do if You smell gas inside or outside Your home is to leave the area immediately. Use a neighbor’s phone, a pay phone or cell phone, and call Your gas company’s emergency gas service department. It is very important that a gas service technician determines the source of any gas leak and takes appropriate corrective action.
Once a gas leak has been detected and the situation is safe, you should call the Priority Repair Hotline and the Administrator will:
Arrange for a technician to provide a diagnosis of the problem.
Pay for covered Emergency Breakdown. (Subject to limits of liability).
4. REPAIR PROCEDURES
We will not pay for any Service performed without Our prior approval. Notice of any Emergency Breakdown must be given to the Administrator upon discovery and during the coverage term. Once the situation has been declared safe by Your gas company’s service department you must:
Call the 24 hour Emergency Service Hotline immediately at 1-844-GET-HAHA
Cooperate and assist the Administrator in any matter concerning Your Emergency Breakdown.
Provide the technician with access to Your property. You must take every precaution to protect Your property until the necessary repair or replacement or unblocking is authorized by the Us and the work is completed.
IN CERTAIN INSTANCES, SOME OR ALL OF THE NEEDED REPAIRS MAY NOT BE COVERED BY THE PLAN. IF YOU ELECT TO HAVE NON-COVERED REPAIRS PERFORMED (OR REPAIRS BEYOND YOUR PLAN LIMITS), YOU WILL BE RESPONSIBLE FOR PAYING ANY NON-COVERED REPAIR COSTS DIRECTLY TO THE TECHNICIAN.
In some cases, it may be necessary for You to pay for the Emergency Breakdown, in which case, the Administrator will reimburse You when the Administrator receives Your paid invoice(s) and processes Your payment.
We are not responsible for any of the following:
a) ANY AND ALL COSTS ASSOCIATED WITH A REPAIR VISIT, IF IT IS DETERMINED THAT COVERAGE UNDER THIS CONTRACT DOES NOT APPLY, OR NO COVERED EMERGENCY BREAKDOWN IS DISCOVERED;
b) EMERGENCY BREAKDOWN CAUSED BY OR RESULTING FROM: INSECT, VERMIN, PETS, MISUSE, ABUSE, NEGLIGENCE, VANDALISM, THEFT, WAR, RIOT, MILITARY UNREST, NUCLEAR ACCIDENT, FLOODING, WATER FLUCTUATIONS, FIRE, HAIL, WIND, LIGHTENING, EARTHQUAKES, EARTH MOVEMENT, LANDSLIDE, SAND CHEMICALS, OR ANY OTHER CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL;
c) INJURY, ILLNES, DAMAGE, INCONVENIENCE OR LOSS OF USAGE CAUSED BY DELAYS, NON-AVAILABILITY OF PARTS, LABOR DIFFICULTIES OR OTHER CONDITIONS BEYOND OUR CONTROL;
d) COSTS ASSOCIATED WITH TREATMENT, REMOVAL, RECOVERY, OR DISPOSAL OF HAZARDOUS MATERIALS.
e) CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY DAMAGES NECESSARY TO REASONABLY ACCESS THE REPAIR AREA;
f) ANY EMERGENCY BREAKDOWN WHICH EXISTED PRIOR TO, OR WAS CAUSED BY A CONDITION WHICH EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT;
g) COSTS TO CORRECT OR UPGRADE ANY PART, EQUIPMENT AND/OR SYSTEM IN ORDER TO COMPLY WITH ANY FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, ORDINANCE OR UTILITY REGULATIONS.
h) ANY EXTERIOR GAS PIPING THAT BRANCHES OFF THE MAIN LINE PRIOR TO ENTERING THE HOME (INCLUDING, BUT NOT LIMITED TO GAS PIPING SUPPLYING GAS GRILLS AND GAS LIGHTS);
i) MOVEMENT OF THE METER AT THE TIME OF THE REPAIR OR REPLACEMENT; UNLESS REQUIRED BY LOCAL CODE;
j) MULTI-UNTI HOUSING INCLUDING BUT NOT LIMITED TO CONDOMINIUMS, DUPLEXES AND APARTMENT HOUSES, AND ANY FACILITY USED FOR COMMERCIAL PURPOSES.
k) MOVEMENT OF WORKING LINES DUE TO RECOMMENDATIONS BY THE GAS COMPANY;
l) NATURAL GAS METERS INCLUDING CONNECTIONS;
m) SYSTEMS EXCEEDING FIVE TONS CAPACITY OR IMPROPERLY SIZED UNITS;
n) APPLIANCES OR APPLIANCE CONNECTORS;
o) PRIVATE GAS WELLS OR LINES NOT SUPPLIED BY A UTILITY;
p) ANY FARM METER OR LINE BRANCHING OFF PRIOR TO ENTERING THE HOME.
6. LIMITS OF LIABILITY
Our obligations to service a covered Emergency Breakdown are limited up to:
$3000 per term for the repair of Your Interior Gas Line.
7. GENERAL CONDITIONS
If You cancel this agreement within 30 days of the effective date We will refund Your payment in full.
You may cancel this contract after 30 days from the effective date by providing written notice. You will be entitled to a pro-rata refund less any claims paid. Any refund not paid to You within 30 days is subject to a 10% monthly penalty.
This Service Agreement shall be non-cancelable by Us, except for:
(a) Nonpayment of Service Agreement fees
(b) Fraud or misrepresentation of facts material to the issuance of this Service Agreement.
(c) If we decide not to offer this program upon renewal.
If We cancel, You will be notified in writing five days prior to cancellation. You will be entitled to a pro-rata refund of fees paid provided no Service call has been made.
b. CUSTOMER SERVICE
We strive to provide you with the highest standards of service. If You feel that Our service has not met Your expectations or You have a question, please contact the Administrator at: P. O. Box 813, Syosset, NY 11791, or call 1-844-GET-HAHA.
c. PAST DUE AMOUNT(S):
If You fail to make full payment on Your payment due date Your Service Agreement coverage will immediately be suspended until the full past due amount is paid.
d. WAITING PERIOD:
You have 30 days from the date You sign-up before You can make a Service call. During that period, if You decide You do not want the Service Agreement You can notify Us and We will provide a full refund of fees paid.
e. PERMANENT REPAIRS:
All permanent repairs will have a minimum of one year repairer’s guarantee.
Your rights and duties under this Service Agreement are transferable to a subsequent purchaser only and must be completed within 30 days from the date of sale to the subsequent owner. All transfers are for the balance of the remaining term and are subject to any outstanding Service Agreement fees and the new owner registering into the program.
g. OVERLAPPING COVERAGE:
If You find You have another service agreement or insurance policy which
provides similar benefits, You can notify Us immediately. We will refund
Your Service Agreement fee as long as no Service call has been provided. You may be required to provide a copy of the contract/policy showing similar coverage.
h. RIGHTS OF RECOVERY:
If We pay for an Emergency Breakdown, We may require You to assign Us Your rights of recovery against others. We will not pay for an Emergency Breakdown if You impair these rights to recover. Your right to recover may not be waived.
i. REPAIR, REPLACEMENT, AND/OR UNBLOCKING:
At Our discretion an Emergency Breakdown may be remedied by repair, replacement, and/or unblocking.
j. SECOND OPINION:
We reserve the right to a second opinion by a licensed repairer of Our choosing on any repair or replacement diagnosis.
k. FRAUD AND/OR MISREPRESENTATION
Misrepresentation or any attempt to defraud Us, including collusion between You and the plumber or service provider, shall result in cancellation of coverage, and We shall seek reimbursement and may pursue remedies under applicable law.
Customer information collected during the purchase and administration of HAHA is not disclosed to other companies for the purpose of marketing other products and services. Such information may be disclosed to other companies in order to provide service under this Service Agreement. Should you have any questions about our policy please contact us on (516)495-1358. Telephone Calls may be recorded and monitored.
We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder, under our sole discretion and without your consent provided we give notice of 30 days prior to assignment. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or third parties.
n. This plan is not an insurance contract. This plan provides repair or replacement service (pursuant to the Terms and Conditions of this Plan) for covered repairs required. We shall not be liable for damages, including any indirect, incidental or consequential damages that arise from any defects in materials used to maintain covered repairs. Our liability for defective materials or workmanship is limited to repair or replacement of the defective material and/or a corrective service visit. We shall not be liable under any circumstances for incidental or consequential damages, including, but not limited to, lost profits or any other expenses, loss or damage directly or indirectly arising from the performance or non performance of your plan or any service covered under the Plan or the use or inability to use the service to which the plan applies. We reserve the right to withdraw or amend without warning part or all the services we provide where we have legal or technical reasons to do so. Should certain terms in this agreement be held to be invalid or unenforceable the remainder of the terms and conditions in this Agreement shall remain valid.
The following state variation shall apply if inconsistent with any other terms and conditions of this service agreement.
NEW YORK-Cancellation is not effective until 15 days after notice of cancellation is mailed to the Service Agreement holder.