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Legal

Dealer Agreement

Warrantiva Agreement for System Coverage · Effective date: [EFFECTIVE DATE] · Last updated: [LAST UPDATED DATE]

Draft, pending legal review. This summarizes how the Warrantiva program works today. Bracketed items and the final wording will be completed by counsel.

1. Parties & purpose

This Dealer Agreement (“Agreement”) is between [COMPANY LEGAL NAME] (“Warrantiva”) and the HVAC dealer named in the approved dealer application (“Dealer,” “you”). It sets out how you offer Warrantiva labor coverage on the systems you install, how your warranty fund works, and the fees that apply. The Terms of use also apply to your use of the platform.

2. Your coverage commitment

You cover 100% of the labor on covered systems you register, for the full term shown on each warranty certificate. Coverage applies only to repairs the manufacturer’s warranty approves, on the equipment and accessories listed in Exhibit A. Parts are covered by the manufacturer, not by this Agreement.

3. Registering warranties

  • Register each covered system through the platform with accurate equipment, serial number, installation and homeowner details.
  • The price of each warranty comes from Warrantiva’s pricing tables in effect at registration, for your price tier and the term chosen.
  • Warrantiva audits registrations and may put a registration on hold until it’s corrected. Your Exec or approval contacts approve registrations as your account’s review setting requires.
  • Use the Warrantiva equipment labels on registered units as instructed.

4. Your warranty fund

The amount of each registered warranty, less Warrantiva’s fees, is held in your warranty fund. Warrantiva manages the fund on your behalf and pays your approved claims from it. Each warranty keeps its own balance; when a warranty’s term ends, its remaining balance is released to you, less the term completion fee.

5. Fees

  • Registration fee: 20% of each warranty’s price, at registration.
  • Repair draw fee: 10% of each amount paid to you from your fund for an approved claim.
  • Borrowing fee: 5% of any part of a claim paid from another of your warranties because the claimed warranty’s balance wasn’t enough.
  • Term completion fee: 5% of the balance released to you when a warranty’s term ends.
  • Standing surcharge: 5% added to new warranties while your dealer standing is grade C or D (Section 9).

6. Claims & repayment

  • File claims through the platform with the invoice, photos and manufacturer approval details requested.
  • Approved claims are repaid at the hourly rate of the claim repayment container you chose (service or installation rate), up to the program cap in effect, currently $330 per hour.
  • A claim much higher than usual for its component needs your Exec’s approval before Warrantiva reviews it.
  • If the claimed warranty’s balance doesn’t cover a claim, the difference is borrowed from your warranty closest to the end of its term, with the borrowing fee.

7. Payouts

Approved claims are paid by ACH to the bank account you confirmed, in payout runs on the 1st and 15th of each month. You are responsible for keeping your bank details current.

8. State requirements

Some states require your fund to hold a minimum amount. If your fund falls below the minimum for your state, Warrantiva will ask you to top it up by a due date, and may add a surcharge to new warranties until it’s restored.

9. Dealer standing

Warrantiva grades every dealer A through D each night, based on homeowner complaints, claim history and fund health. Grade A dealers are offered transferred warranties first. At grade C, 5% is added to new warranties; at grade D, your account is also placed in closure review.

10. Homeowner complaints & transfers

You agree to respond to homeowner complaints Warrantiva forwards to you. Warrantiva may move coverage on a warranty to another dealer when a homeowner’s complaint is upheld, or when a homeowner requests a dealer change, and the warranty’s balance moves with it.

11. Ending this agreement

  • Either party may end this Agreement with [NOTICE PERIOD] written notice. Warrantiva may end it sooner for breach.
  • When your account closes, claims already filed are finished first. Warrantiva then offers your active warranties to other dealers in good standing near the homeowner, and each warranty’s balance moves with it, less a 20% transfer fee.
  • Your fees and obligations on warranties registered before closing survive the end of this Agreement.

12. General terms

This Agreement, Exhibit A, the warranty certificates and the Terms of use are the entire agreement between you and Warrantiva about the program. Warrantiva may update fees, pricing tables and Exhibit A with [NOTICE PERIOD] notice; changes apply to warranties registered after they take effect. This Agreement is governed by the laws of [STATE].

13. Exhibit A: Covered equipment

Loading Exhibit A…