I'm able to access the site now. I don't show any way I can include the PDF of the contract, so I'll just include the verbage that applies to this situation. Section e.ii of the exclusions is the one they are basing their denial upon.
This is the Service Plus package that we carry:
F. SERVICEPLUS PACKAGE
NOTE: This coverage does not apply when systems are undersized in relation to the
square footage of the area being heated or cooled.
1. REFRIGERANT RECAPTURE, RECLAIM, AND DISPOSAL
2. REMOVAL OF DEFECTIVE EQUIPMENT
When AHS replaces a covered item, AHS will pay the costs to dismantle and/or dispose of
such item (see Section I.4.b).
3. PERMITS
AHS will pay the cost for obtaining permits for AHS-approved repairs and replacements up
to $250 per occurrence.
4. CODE VIOLATIONS
AHS will pay up to $250 per contract term to correct code violations when affecting AHSapproved
repairs or replacements.
5. UNDETECTABLE PRE-EXISTING CONDITIONS
AHS will cover an existing defect or mechanical failure provided the defect or mechanical
failure could not have been detected by visual inspection or simple mechanical test. A
visual inspection of the covered item verifies that it appears structurally intact and without
damage or missing parts that would indicate inoperability. A simple mechanical test of
turning the unit off or on verifying the item operates without irregular sounds, smoke or
other abnormal outcome.
6. IMPROPER INSTALLATIONS, REPAIRS, OR MODIFICATIONS
AHS will cover an existing defect or mechanical failure of an item that was improperly
installed, repaired, or modified prior to or during the contract term. If the improper
installation, repair, or modification violates a code requirement, Section F.4 applies.
7. MISMATCHED SYSTEMS
AHS will cover an existing defect or mechanical failure of a system that was not properly
matched in size or efficiency prior to or during the contract term. If the mismatched system
violates a code requirement, Section F.4 applies.
And this is the list of exclusions:
NOTE: Unless otherwise specified in this contract, the following limitations and
exclusions apply:
General Exclusions from Coverage
1. This contract does not cover:
a. Routine maintenance (you are responsible for providing maintenance and cleaning
of covered items as specified by the manufacturer);
b. Repair or remediation of cosmetic defects;
c. Electronic, computerized, or comfort control home management systems;
d. Repair, replacement, installation, or modification of any covered item or component
or part thereof, that has been, or is, determined to be defective by the Consumer
Product Safety Commission or for which a manufacturer has issued, or issues, a
warning, recall, or determination of defect; or
e. System or appliance upgrades, or repairs or replacements required:
(i) when the malfunction is due to missing components, parts, or equipment;
(ii) when the malfunction is due to lack of capacity in the existing system or
appliance;
(iii) when the malfunction is due to a system or appliance whose parts or
components are improperly mismatched in terms of capacity or efficiency (unless
the ServicePlus Package is purchased); or
(iv) to comply with any federal, state, or local laws, regulations or ordinances,
utility regulations, or building or zoning code requirements.
2. AHS is not responsible or liable for performing service, or paying remediation costs,
involving hazardous or toxic materials.
3. In regards to mold, mildew, bio-organic growth, rot, fungus, or pest damage, AHS is not
responsible or liable for:
a. Damages caused by such substances;
b. Diagnosis, removal or remediation of such substances; or
c. Repairs or replacements necessitated by such substances.
