Terms and Conditions
The Zoeller Dry Basement Protection Plan (“contract,” and “plan”) provided by Zoeller Pump Company LLC (“we”, “us”, “our”) consists of these Terms and Conditions, coverage invoice, and your receipt. This contract is intended to provide the purchaser of this contract (“you” and “contract purchaser”) with repair, replacement, or reimbursement benefit in the event that the Zoeller installed equipment, as indicated on your receipt, suffers a covered breakdown. A covered breakdown is mechanical/electrical failure due to defects in materials or workmanship, or normal wear and tear. This contract is governed by these terms and conditions and your purchase receipt provided by Zoeller to you. This contract is administered by Zoeller Company located at 3649 Cane Run Road, Louisville, KY 40211 and who can be reached at 800-928-7867.
- Coverage Term:
- This contract begins on the date the equipment indicated on your receipt is installed at your residential address (“Installation Date”) and ends one calendar year after installation (“Initial Term”), unless it is terminated, cancelled, or fulfilled earlier pursuant to its terms.
- We will repair, replace, or reimburse you for the cost of the Zoeller Dry Basement system if it fails due to a covered breakdown.
- Your contract INCLUDES A FIFTEEN (15) DAY WAIT PERIOD before you become eligible for coverage, ANY LOSSES THAT OCCUR OR TAKE PLACE DURING THE WAIT PERIOD ARE NOT ELIGIBLE FOR COVERAGE. The Wait Period only applies to the Initial Term and does not apply to any Renewal Term.
- If your Dry Basement Protection Plan system is being serviced when this contract expires on the Expiration Date, your coverage will be extended solely until the applicable services are completed.
- Renewal:
- Your contract will automatically renew at the end of the Initial Term for a subsequent period (“Renewal Term”) unless it is validly cancelled, terminated, or non-renewed beforehand. YOU AUTHORIZE US TO CHARGE YOUR DESIGNATED PAYMENT METHOD FOR THE MONTHLY AMOUNT UNTIL THIS CONTRACT IS CANCELLED OR NON-RENEWED. Non-payment by you will result in the cancellation of this contract. It is your responsibility to maintain a valid credit card or bank account information with Zoeller to process payments, failure to do so may cause your contract to be cancelled.Your contract may be renewed at our sole discretion. The length of your Renewal Term will be the same as your Initial Term. The contract can only be annually renewed up to 10 years after the date of original installation.
- We shall send you notice 30 days before your plan automatically renews that your plan will automatically renew unless you cancel it per the instructions provided with the notice.We may provide you notice via written letter, email, or another method.
- Eligibility: In order to qualify for this plan, the following must be met.
- Your installer must pre-certify your basement to qualify for the plan. Not all homes qualify for this installation.
- You must use one of Zoeller’s approved Dry Basement Protection Plan systems to receive coverage under this contract. Your installer will determine which system is appropriate for your home.
- The Dry Basement Protection Plan system must be installed by a factory certified installer. If you need to find a factory certified installer, please contact us at 800-928-7867 or visit our website drybasementguarantee.com.
- The Dry Basement Protection Plan system includes Zoeller’s Wifi-enabled Aquanot Fit 508. The Aquanot Fit 508 is one key component of the system because it provides notifications to prevent system failure. YOU MUST HAVE AND MAINTAIN A WIFI CONNECTION FOR THE DRY BASEMENT SYSTEM.
- This means that you must have a Wifi connection that Z Control can access. IF YOU DO NOT, YOU DO NOT QUALIFY FOR THE PLAN.
- The Z Control app is available for your phone. YOU MUST INSTALL THE Z CONTROL APP AND KEEP IT UP TO DATE TO QUALIFY FOR REIMBURSEMENT.
- It is highly recommended that you allow your factory certified installer to also have access to your systems data via Z Control. This allows your factory certified installer to respond faster to any issue that may arise.
- It is highly recommended that you allow Zoeller to have access to access to your systems data via Z Control. While Zoeller will not respond to any issue, this will allow Zoeller to provide additional customer support to you. NOTE THAT ZOELLER MUST BE ABLE TO MONITOR YOUR SYSTEM IN ORDER TO BE ELIGIBLE FOR THE PLAN.
- Z Control can provide notice of issues in real time which will allow you or your factory certified installer to ensure that the system continues to run as expected.
- You must respond to any notice from Z Control.
- You may be able to fix the issue on your own. For example, if you change your wifi system, you will need to update your wifi connection for your Z Control.
- If you cannot fix the issue on your own, you should call your factory certified installer to have them address the issue.
- You must respond as soon as possible to notices. If any component of the system is not working, it is critical to get it working again quickly to prevent water damage. If you fail to respond quickly to a notice, you may not be eligible for reimbursement. We will not be responsible for damage caused due to your failure to respond to a notice.
- You agree that your factory certified installer gets access to your data. Your factory certified installer will link to your data at the time your Dry Basement Protection system is installed.
- You further agree that Zoeller may access your data, may use it to make diagnosis of any issue, and further may use your data in assessing your ability to receive reimbursement.
- You must respond to any notice from Z Control.
- You will be provided coverage in accordance with the tier selected and indicated on your receipt. You must pay the monthly plan cost for your selected coverage as indicated on your receipt.
- You must have the system inspected at least annually. This will prevent issues by ensuring that your system continues to function the same way it did on the day of installation.
- You must use a factory certified installer for the annual inspection. A list of factory certified installers is available at drybasementguarantee.com or you may contact us at 800-928-7867 to locate a factory certified installer.
- You must perform routine maintenance on the system per the provided instructions or have your installer do so.
- Your system’s check valve and battery must be replaced every three years, starting from the installation date, to maintain coverage. If you use one of our certified installers to replace the check valve and battery, they will provide us with documentation to maintain your coverage. If you do not use your certified installer to replace the check valve and battery, please retain your receipt(s) showing that your check valve and battery were replaced every three years as proof that you have replaced these items.
- Non-original parts may be used to repair your Zoeller Dry Basement System.
- Exclusions: We are not responsible for:
- Any cost recoverable under an insurance policy.
- Any material, parts or labor required as a result of abuse, misuse, vandalism, freezing, fire, wind, water, lightning, ice, snow, explosion, mud, earthquake, pet damage, pest damage, acts of God, and power fluctuation.
- Any service or repair associated with hazardous material treatment, removal, or disposal.
- Loss or damage caused by intentional, willful, or reckless conduct or use.
- Any damage caused by unauthorized repairs or parts replacements.
- Any product that is lost or stolen.
- How to File a Claim: With your Dry Basement Protection Plan system, you must visit our website drybasementguarantee.com and complete the REQUEST REIMBURSMENT form available there. Please contact us at 800-928-7867 if you have any issue with the request. You must contact Zoeller as soon as possible after any system failure resulting in damage to be eligible for coverage.
- Cancellation: You may cancel this coverage at any time by contacting us at drybasementguarantee.com or 800-928-7867.
- If you cancel within the first 30 days of the Initial Term, and no services have been provided, then you are entitled to a full refund of the cost of this contract.
- If you request to cancel this contract within 30 days from the Installation Date after making a claim or after 30 days from the Installation Date, your coverage will terminate at the end of your current monthly billing term. You will not receive a refund.
- We cannot cancel this contract, except for: (i) nonpayment; or (ii) fraud or misrepresentation of facts material to the issuance of this contract; or (iii) in the event that you threaten acts of violence or bodily harm that would pose risk or harm to us or a factory certified installer.
- Miscellaneous
- Transferability: This Plan is not transferable or assignable by You to a new contract holder. However, we may allow a new homeowner to obtain a new agreement at our sole discretion. Please call us at 800-928-7867 if you wish to transfer your Dry Basement Guarantee.
- Liability Limitation: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EXCEPT AS DESCRIBED BELOW, RESULTING FROM OUR OBLIGATIONS UNDER THIS PLAN, INCLUDING THE FOLLOWING: COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA; FAILURE TO MAINTAIN DATA CONFIDENTIALITY; LOSS OF USE, INCLUDING LOSS OF USE WHILE THE COVERED PRODUCT IS BEING REPAIRED OR REPLACED; OR ANY LOSS OF BUSINESS PROFITS, REVENUE, OR ANTICIPATED SAVINGS. OUR MAXIMUM LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THIS PLAN SHALL NOT EXCEED THE PLAN’S LIMITS OF LIABILITY, REGARDLESS OF WHETHER THE UNDERLYING ACTION IS IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
- Consequential Damages: If you meet the above criteria, you are eligible for reimbursement, up to the lesser of: (a) the cost of the replacement of your property directly damaged by water due to our system’s breakdown, or (b) your applicable coverage limitations stated in your receipt. We will only provide coverage for consequential damage to property if our product suffers a covered breakdown and you have water damage resulting from water extruding from your sump pit. IT IS VERY IMPORTANT THAT YOU UNDERSTAND THAT OUR PROTECTION ONLY APPLIES IN THE CASE OF A BREAKDOWN OF ONE OR MORE COMPONENTS IN THE DRY BASEMENT PROTECTION PLAN SYSTEM. If you have water damage not resulting from a covered breakdown of your Dry Basement Protection Plan System, such as from flooding, from water intrusion through your walls or foundation, from a pipe burst or other leak, these are examples of the type of issue that you should report to your homeowner insurer. If you are not sure if you qualify for coverage under this contract, please contact your insurer and also reach out to us so that we can assist you in making the determination.
- Assignment: We may transfer the rights and obligations under this contract, in whole or in part, to another party without prior notice to you. We may give or assign any of our obligations to another party without your consent so long as we let you know in writing at least 30 days prior of any material change.
- Changes to this Agreement: From time to time, we may change the price, how the Dry Basement Protection Plan works, and the terms and conditions here. If we do any of these, we will provide you with notice of any upcoming change at least 30 days before we make a change. We may provide you notice via written letter, email, or another method. If you do not agree with the change we are planning on making, you may cancel your contract by notifying us as per the instructions provided with the notice. If you continue to make payment under this contract, you are agreeing that you agree to the change or changes of which you were notified.
- Subrogation: When we make payment under this contract, we are entitled to recover what we paid from the responsible party. When you accept reimbursement, you agree that we may use your right to recover against any other party.
- Insurance Statement: The Zoeller Dry Basement Protection Plan is a service contract and not an insurance product.
- State Specific Disclosures: Zoeller Dry Basement Protection Plan is not yet offered in all states. Please call us at 800-928-7867 if you have questions whether your state allows for us to offer this contract, questions on additional rights or disclosures for your specific state, and to review important additional information on the Zoeller Dry Basement Protection Plan before you proceed with your purchase. Depending on what state you live in, you may have additional rights beyond those articulated above.
- Colorado: Actions under this service agreement may be covered by the provisions of the “Colorado Consumer Protection Act” or the “Unfair Practices Act” and parties to the contract may have a right of civil action under these laws.
- Maryland: Coverage Term section is amended to include – The contract is extended automatically when we fail to perform the services under the contract and won’t terminate until the services are provided in accordance of the contract. We shall provide service under the plan within a reasonable period, and we will provide you, upon your request, a brief written explanation of the reasons for any delay. The Cancellation section is amended to include – In addition to your cancellation rights set forth in the Cancellation section, you may cancel this contract within 20 days of the date this contract was mailed to you or within 20 days of delivery if this contract is delivered to you at the time of sale or within a longer time period permitted under this contract and if you have not made a claim, this contract is void and you are entitled to a full refund of the amount paid by you under this contract. This right to void this contract is not transferable and applies only to the original contract purchaser. A 10% penalty per month on the purchase price amount for this plan must be added to a refund that is not paid or credited to you within 45 days after the cancellation of this contract.
- Michigan: Coverage Term section is amended to include – If the performance of this contract is interrupted because of a strike or work stoppage, the effective period of this contract shall be extended by the period of the strike or work stoppage.
- Tennessee: Covered Term section is amended to include – If there is a failure of the installed equipment during this contract, this contract shall be extended by the number of days you were deprived of the use of the equipment by reason of the covered equipment was being repaired plus two additional days.