Remedies and Limitations
- The customer understands that the customer must first make all reasonable efforts to compel the independent contractor to honor its warranty before contacting HSS. The preferred remedy is always for the repair or re-installation to be completed by the original installer whenever possible.
- With respect to any claim asserted by the customer against HSS, the customer understands that the customer will have no right to recover or request compensation for, and HSS shall not be liable for, any of the following items:
- Incidental, consequential, secondary, or punitive damages;
- Damages for aggravation, mental anguish, emotional distress, or pain and suffering;
- Costs in excess of the total contract amount for the project; or
- Attorney's fees or costs.
- HSS makes no other warranty, express or implied, other than as set forth herein;
- These limitations shall be enforceable to the extent permitted by law.
HOW TO OBTAIN SERVICE
If a problem with the installation develops during the warranty period, after first attempting to get the independent contractor to remedy the problem, the customer should contact HSS at 1-866-891-5453 or provide written notice to HSS at the following address: Attn: Customer Solutions, The Home Service Store, 67 Merchants Row, Suite 201, Rutland, VT 05701
The written notice should include the following information: the customer's name, address and telephone numbers and a description of the nature of the problem. HSS will investigate the claim promptly. Any warranty work will be done during normal working hours except where a delay will cause additional damage. The customer agrees to provide access to the house and to make available during the work a responsible adult with the authority to approve the warranty work and confirm satisfactory completion of the warranty work.
HSS IS NOT A GENERAL CONTRACTOR NOR DOES IT PROVIDE CONTRACTING SERVICES.
The independent contractor is responsible for the performance of any work pursuant to a contract between the independent contractor and the customer and the fulfillment of any and all warranties provided to the customer by the independent contractor.
This Limited Warranty is voided under the following circumstances: The work is not included in the Project Description on the HSS Completion Certificate; the customer has signed the HSS Completion Certificate but has not made final payment for the project; or payment for the work is made directly to the independent contractor rather than through HSS.
Customer acknowledges that this Limited Warranty constitutes the entire agreement between the parties and that NO representation, whether oral or in writing, shall in any way alter the terms of this Limited Warranty. Furthermore, nothing in this Limited Warranty shall in any way restrict the right of the independent contractor to bring action against the customer for non-payment.