Residential Whole House Surge Guard
Terms and Conditions

By ordering and receiving installation of the Residential Whole House Surge Guard Protection, as defined herein, Customer ("You" or "Your") agrees with the Omaha Public Power District ("OPPD", "We", "Our", or "Us"), to the following terms:

1) We or Our contractors will install (a) either one (1) Surge Guard meter-mount surge arrester or one (1) panel-mount surge arrester at the electrical entrance to your premises and (b) one (1) surge arrester for the telephone line and one (1) surge arrester for the cable/satellite TV line. (Hereinafter, "Residential Whole House Surge Guard Protection"). The protection devices remain our property and are rented to You. For the initial twelve (12) month period You will be billed as follows: You will pay for Residential Whole House Surge Guard Protection with a monthly fee of Six and 99/100 Dollars ($6.99), and a $20 standard installation fee (or $125 per panel fee for hardwire installations) plus applicable sales or use tax, due according to the terms on your monthly utility bill. Surge protection for additional phone, cable/satellite, or internet lines will be billed at a monthly fee of one and 50/100 Dollars ($1.50) per line.

2) The Agreement will go into effect on the date of installation of the Residential Whole House Surge Guard Protection System and will continue for a minimum term of twelve (12) months from the date of installation. If You cancel this Agreement within the initial twelve (12) month period, You agree to pay the remainder of Your contract to OPPD. If you move to different premises, You agree to pay a twenty and 00/100 dollar ($20.00) installation fee to continue service. (If monthly payments are missed or late, We may demand immediate payment of the entire amount You owe under the Agreement.)

3) After the initial twelve (12) month period, the Agreement shall continue from year to year until either You or We cancel the Agreement by written notice. You will be billed in accordance with OPPD's then current Rate Schedule No. 480 - Residential Whole House Surge Guard Protection. There will be no removal charge if the Agreement is cancelled after the initial twelve (12) month period.

4) Cancellation of the Agreement by either You or Us shall be without prejudice to the rights or remedies of either party under the Agreement. If the Residential Whole House Surge Guard Protection remains in place during any portion of a period for which a monthly fee is due, You shall pay the entire monthly fee for that month. Upon cancellation, We will remove the Residential Whole House Surge Guard Protection from your residence. Your notice of cancellation must be sent to Residential Whole House Surge Guard Protection, Omaha Public Power District, 444 S.16th Street Mall, Customer Care (E/AR/EP ACC), Omaha, NE 68102.

5) All warranties provided by the manufacturer of the Surge Protection Equipment will be passed on to you to the extent we can do so. We will not be responsible for damage to or from:

  • Medical and life support equipment;
  • Appliances or home or office electronics equipment not owned by You;
  • Your property that, in Our sole and reasonable discretion, does not constitute an appliance or home or office electronics equipment;
  • Your premises;
  • Products, materials, data or information used or stored in an appliance or home or office electronics equipment;
  • Alteration to the installation of the Surge Protection devices;
  • Alterations to the cable, telephone, satellite, internet, lines which result in an unprotected system in whole or in partiality.
  • Well pumps, pool pumps, detached buildings, sprinkler systems, electrical fences and other items not protected by the Residential Whole House Surge Guard Protection System;
  • A surge which has not passed through the Residential Whole House Surge Guard Protection; except as noted in item 6.
  • Direct lightning strike to Your premises;

OUR LIABILITY WILL BE LIMITED TO REPAIR OR REPLACEMENT, AT OUR SOLE DISCRETION, OF THE DAMAGED APPLIANCES OR HOME OR OFFICE ELECTRONICS EQUIPMENT, AND WE WILL NOT BE RESPONSIBLE FOR PERSONAL INJURY, FOR OTHER PROPERTY DAMAGE OR FOR YOUR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (DIRECT OR INDIRECT.) YOU INDIVIDUALLY AND ON BEHALF OF YOUR INSURERS WAIVE ALL RIGHTS OF SUBROGATION AGAINST US. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR A PARTICULAR USE.

6) Under the extended warranty, OPPD shall compensate you for damages to your electromechanical and electronic equipment, as determined by OPPD in its sole and reasonable discretion, caused as a direct result of a surge that does not pass through OPPD's Residential Whole House Surge Guard Protection, up to a maximum of $500 per event, provided that you submit a damage claim to your insurance carrier and the insurance carrier pays such claim and makes a written determination that the damage to your electromechanical and electronic equipment is a direct result of a surge. Absent such written determination by your insurance carrier, OPPD shall not be obligated to pay any amount to you for damages to electromechanical or electronic equipment caused by a surge that did not pass through OPPD's Residential Whole House Surge Guard Protection. When the damage is less than $500 the customer will take the damaged equipment to an OPPD approved repair facility for a diagnostic check to determine if the damage is surge related. If the diagnostics determines the damage to be surge related OPPD will pay for repair or replacement of the equipment up to $500.

7) We will have an immediate right to inspect the Residential Whole House Surge Guard Protection System and Your appliances or home or office electronics equipment should You notify Us that a power surge has passed through the Residential Whole-House Surge Guard Protection, and You shall make Your premises available to Us or Our contractors for such inspection.

8) We shall have continuous access to the Residential Whole House Surge Guard Protection, which We own and have installed at your residence. Although We have general responsibility for maintaining and servicing the Residential Whole House Surge Guard Protection, You will be liable to Us for any damage to the Residential Whole House Surge Guard Protection Equipment including without limitation damage caused by Your misuse or abuse of the Residential Whole House Surge Guard Protection Equipment, or caused by removal, transfer, or tampering with it, or caused by vandalism or an Act of God, except that You will not be liable for damage to the Entrance Surge Guard Protection Equipment from a power surge passing through it. You will maintain information about the make, model, age and cost of Your appliances or home or office electronics equipment and shall provide that information to Us upon Our request for it. You shall cooperate with Us and provide Us with all information We request of You for investigation of any claim.

9) If You violate any provision of the Agreement including the failure to make monthly payments, We may cancel the Agreement immediately, and You will be liable to Us for all expenses associated in enforcing the Agreement or in gaining access to the Residential Whole House Surge Guard Protection.

10) The Agreement shall be governed by the laws of the State of Nebraska. The Agreement may be modified only upon written notice.

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ELECTRICAL LINE PLAN
TERMS & CONDITIONS

The Omaha Public Power District (“OPPD”) has contracted with Utility Service Partners Private Label, Inc.

 to offer this Service Agreement to its customers.

Electrical Line Terms and Conditions

YOUR ENCLOSED DECLARATION PAGE IS AN INTEGRAL PART OF YOUR SERVICE AGREEMENT AND

ALONG WITH THESE TERMS AND CONDITIONS CONSTITUTE YOUR ENTIRE AGREEMENT

 Utility Service Partners Private Label, Inc., known as Service Line Warranties of America (“SLWA”), a subsidiary of HomeServe USA Corp. (“HomeServe”) is the entity that will administer the service under this Service Agreement. You may contact SLWA by mail at 1232 Premier Drive, Chattanooga, TN 37421 or by calling toll-free 1-866-922-9006. North American Warranty, Inc. (“NAW”, “Provider”, “We”, “Us” or “Our”) is the entity obligated to provide service under this Service Agreement. You may contact NAW by mail at 175 West Jackson Blvd., Chicago, IL 60604, or by calling toll-free 1-866-918-4680.

 Electrical Line:

What’s Covered: We will arrange and pay for the repair or replacement due to normal wear and tear of the failing Electrical Line for which You have sole responsibility, that supports Your Residence. You must call SLWA to arrange for service in order for repairs to be covered. See “How to Call for Repairs” below. An Electrical Line is the high voltage wiring that services Your Residence from Your Utility’s Responsibility up to and including switches and outlets.

Benefit Limit: The maximum benefit limit is up to $1,500 for each Service Call. Any repair or replacement charges beyond Your Service Call benefit limit are Your responsibility.

What’s Not Covered:

We will not be responsible for any of the following:

1) Damages, losses and expenses, whether from negligence or otherwise, caused by: (a) You or any person or entity other than Us or SLWA or (b) unusual circumstances, meaning a natural disaster, act of God (such as fires, explosions, earthquakes, drought, tidal waves and floods), war, riots, hostilities, strikes or work slowdowns or acts or threats of terrorism;

2) Excluded Damages (see “Our Liability” below) which include, for example, damages necessary to reasonably access the repair area. Your rights and remedies may vary depending on the state where Your Residence is located;

3) Any correction or upgrade of Your existing Electrical Line, not directly related to the necessary repair, in order to meet any code, law, regulation or ordinance;

4) Repairs to any section of Your Electrical Line that You share with any third party or is covered by a homeowners’,condominium or like association;

5) Appliances; appliance cords; non-standard wall switches; remote control outlets; extension cords; resetting of circuit breakers or system controls; repairs consisting of knob and tube wiring, aluminum, or other non-standard/non-permanent materials; failure arising from the disconnection from or interruption to the main electrical supply; replacement of light bulbs, light fixtures and fittings, or plugs;

6) Repairs to any wiring that is connected to or part of any low voltage system, including but not limited to decorative fixtures, fish tanks, spas, satellite or cable TV systems, security alarms and systems, telephone wiring, smoke detectors, and garage door systems;

7) Any fixture that must be plugged into an electrical outlet.

Eligibility: A single structure, owned by You, used and zoned only for residential occupancy that is not intended to be moved (“Residence”) is eligible. Residences include single family homes (inclusive of manufactured housing). Any recreational vehicle or property used for commercial purposes is not eligible. If You are aware of any pre-existing conditions, defects or deficiencies with Your Electrical Line prior to the Start Date of Your first Term, then You are not eligible for this coverage. If Your entire Electrical Line is shared with any third party, or covered by a homeowners’, condominium or like association, then You are not eligible for this coverage.

Length of Service Agreement: Your Service Agreement begins on the Start Date listed on Your Declaration Page and will continue for twelve (12) months (“Term”) provided neither You nor We cancel. See “Cancellation/Refund” below. There is an initial waiting period of thirty (30) days, within which You will not be able to request a Service Service Line Warranties of America SC-IE2004-OPPD-NAW-USPPL 2 [XXXX] SC-IE2004-OPPD-NAW-USPPL-J070-030818 Call. This means You will receive less than twelve (12) full months of coverage during the first year. Upon renewal (if applicable), You will not be subject to a waiting period.

How to call for repairs: You must call SLWA and a service representative will assist in the diagnosis of Your repair and the scheduling of a visit from one of SLWA’s approved local technicians. You will not be reimbursed for work done by technicians who are not authorized by SLWA. Technicians must have safe and clear access to, and safe working conditions at and around the work area. There is no Service Call fee.

Covered repairs: Covered repairs are guaranteed against defects in materials and workmanship for one year. Under the guarantee We will arrange at Our expense and discretion for repair or replacement. We disclaim any and all statutory or common law warranties (whether express or implied) other than Our covered repair guarantee and any implied warranties that cannot be excluded under applicable law.

Receiving Documents Electronically: You can receive Your Service Agreement and all related documents electronically. If You consented to electronic delivery, these documents will be sent to the email address listed on Your Declaration Page (“Email Address”). Documents sent to the Email Address will be deemed to have been received by You. You may stop receiving documents electronically by calling SLWA or by updating Your preferences in Your profile on SLWA’s website. You may also call SLWA to update Your Email Address or to receive a paper copy of Your Service Agreement.

Renewal: If You pay through Your utility bill, by credit/debit card or by direct debit this Service Agreement will automatically renew for a further term of 12 months. If You paid by check, or if You pay by credit/debit card and requested that We not automatically renew this Service Agreement, You must renew this Service Agreement prior to the end of the Term to ensure continuous coverage. We reserve the right to not offer this Service Agreement upon renewal.

Cancellation/Refund: You may cancel this Service Agreement at any time by calling SLWA. If You cancel within thirty (30) days of the Start Date, You will receive a full refund less any claims paid by Us. If You cancel more than thirty (30) days after the Start Date, Your cancellation will be effective at the end of the then current billing month. If applicable, You will be entitled to a pro- rata refund less any claims paid by Us.

If Your local utility company or municipality provides similar coverage to You at no charge, You can contact SLWA to cancel and You will receive a refund of the payments You have made less any claims paid by Us. You may be required to provide evidence of the similar coverage. If We find that You have such coverage or are otherwise ineligible for the coverage provided by this Service Agreement, We may cancel on no less than fifteen (15) days’ written notice to You and will refund the payments You have made less any claims paid by Us.

We may cancel for any reason on sixty (60) days’ written notice to You. We can also cancel, on no less than fifteen (15) days’ written notice to You for: (a) non-payment of the Price; or (b) Your fraud or misrepresentation of facts that are material to this Service Agreement or benefits provided under it. If We cancel under (b) above, You will be entitled to a pro-rata refund less any claims paid by Us.

Key Terms:

“Declaration Page” – The enclosed document that forms a part of this Service Agreement, listing important information regarding You, Your Residence and other vital information.

“Price” – The amount You agree to pay for this Service Agreement, as listed on Your Declaration Page.

“Service Agreement” – The documents that constitute all of Your rights and responsibilities as a Service Agreement holder; which consist of these terms and conditions and Your Declaration Page.

“Service Call” – A visit to Your Residence by one of SLWA’s approved local technicians, where work is performed to diagnose and complete a single repair, or where it is determined the repair is not covered.

“You” or “Your” – The purchaser of this Service Agreement who is the Service Agreement holder listed on the Declaration Page.

Service Line Warranties of America

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Privacy Policy: Any information You provide SLWA will be accessed, collected, used, transmitted, disclosed, stored, maintained and otherwise handled to administer Your Service Agreement by SLWA or its group of companies, including, but not limited to, disclosing Your address, telephone number, and other contact information to third parties who conduct services on SLWA’s behalf. SLWA or its group of companies and their selected partners may also use Your data to keep You informed by mail, telephone or email of any products or services which they consider may be of interest to You. For further details on how SLWA uses Your information, please see their Privacy Policy at www.homeserveusa.com/Customer_Data_Privacy_Policy.html. Should You have any questions or concerns about SLWA’s Privacy Policy or how they are using Your information or to update Your privacy preferences, please contact SLWA.

Assignment/Amendment: We reserve the right to change this Service Agreement (including the price or to charge an additional fee) and to delegate any of Our obligations at Our sole discretion provided We give You thirty (30) days’ prior written notice of the changes. The changes will become effective thirty (30) days after We send You the notice. If You do not like the changes, You may cancel this Service Agreement. You may not change this Service Agreement or delegate any of Your obligations. Should certain terms or conditions in this Service Agreement be held to be invalid or unenforceable, the remainder of the terms and conditions in this Service Agreement shall remain valid.

Transfer: This Service Agreement is not transferable by You.

Responsibility for benefits owed to You: This is not an insurance policy; it is a Service Agreement. SLWA will serve as Your point-of-contact for all questions or concerns. Our obligations under this Service Agreement are insured under a service contract reimbursement insurance policy. If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has been filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, You are entitled to make a claim against the insurer, Virginia Surety Company, Inc., 175 West Jackson Blvd., 11th Floor, Chicago, IL 60604, 1-800-209-6206.

Our Liability: To the fullest extent permitted by applicable law, (1) You agree that We, SLWA and HomeServe, and all of their parents, successors, affiliates, approved technicians and our and their officers, directors, employees, affiliates, agents and contractors or similar parties acting on behalf of Us, SLWA or HomeServe shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the lowest applicable per repair benefit limit set out above relating to any repairs performed by Us, SLWA or HomeServe or on behalf of either Us, SLWA or HomeServe or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by Us, SLWA or HomeServe or on behalf of either Us, SLWA or HomeServe or services provided under this Service Agreement, regardless of whether such damages were foreseeable and whether or not We, SLWA or HomeServe or anyone acting on behalf of either Us, SLWA or HomeServe have been advised of the possibility of such damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state.

Written notices from Us under this section will tell You exactly when Your Service Agreement will be cancelled and why it has been cancelled. The notice periods referred to in this section begin when We send the notice to You.

Payments for this Service Agreement will be made through Your OPPD utility bill. Renewals, cancellations and refunds are managed by SLWA and OPPD.

State variations: The following shall apply if inconsistent with any other terms and conditions of this Service Agreement:

[Please click here to see if any state specific variations apply to You.]

 

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