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** SAMPLE **
See your terms and conditions for details of actual coverage
PRODUCT COVERAGE ELIGIBILITY:
In order to be eligible for coverage under this Contract, the merchandise must:
Be utilized exclusively in private, single-family residential property for the personal use of the resident(s) and/or products that may be used for commercial, industrial, governmental, or organizational purposes, in the manner for which it was intended (as specified in the manufacturer’s warranty/owner’s manual) except as described in the General Exclusions.
PRODUCT PROTECTION: If damage or breakdown of the Product is suspected, You should promptly take reasonable precautions in order to protect against further damage.
MAINTENANCE AND INSPECTIONS: If specified in the Product manufacturer’s warranty and/or owner’s manual, You must perform all of the care, maintenance and inspections for the Product as indicated. Proof of the completion of such maintenance, care and/or inspection services may be required at time of Claim. PROPER ELECTRICAL REQUIREMENTS: You must provide the proper electrical connections for Your Product as specified by the manufacturer.
CONTRACT TERM – EFFECTIVE DATE OF COVERAGE:
Coverage for a Failure (as defined) begins upon expiration of the shortest portion of the manufacturer’s original parts and/or labor warranty –– and continues for the remainder of Your Term shown on the declaration page of Your Service Contract.
WHAT IS COVERED:
Please Note: The submission of a Claim does not automatically mean that the damage or breakdown to Your Product is covered under this Service Contract. The Administrator must validate and provide You with approval for any submitted Claim prior to any benefit being considered under this Service Contract.
In the event of a covered Claim, this Service Contract provides for the labor and/or parts required to repair Your Product, or at Our sole discretion and in lieu of repair, replacement of Your originally covered Product or reimbursement (in the form of a gift card, gift certificate or check) equal to the fair market value of the Product as determined by Us based upon the age of the Product and subject to the LIMIT OF LIABILITY section. When applicable and provided to You, a replacement product may be a new or refurbished product of like kind and quality, at Our discretion. This Service Contract does not have a deductible.
- This Service Contract also provides a NO LEMON GUARANTEE. If Your Product has three (3) repairs covered under Your Contract for the same problem and a fourth (4th) repair is required for the same problem and considered covered under Your Contract, We will replace Your Product with one of like kind and quality, but not necessarily same brand, or, at Our sole discretion, provide You with reimbursement equal to the fair market value of the Product as determined by Us based upon the age of the Product and subject to the LIMIT OF LIABILITY section. Preventative maintenance checks, cleanings, product diagnosis, customer education, accessory repairs or replacements are not considered repairs for the purposes of this benefit. Any repair services performed while Your Product is under its manufacturer’s warranty period or in relation to accidental damage from handling are not considered “Qualifying Service Repairs” under this benefit.
- This Service Contract also provides POWER SURGE PROTECTION. Your Service Contract, protects against operational or mechanical failure of a covered product resulting from a power surge. The use of an approved surge protection in not required in order to receive benefits under the surge protection feature of this Service Contract.
IMPORTANT DISCLOSURES REGARDING “WHAT IS COVERED”: Coverage described in this Contract will not replace or provide duplicative benefits during any active product manufacturer’s warranty period. During such period, anything covered under that warranty is the sole responsibility of the manufacturer and will not be considered under this Contract; regardless of the manufacturer’s ability to fulfill its obligations. If coverage for Your product is available under any other insurance, warranty, guarantee and/or service agreement, this Service Contract provides coverage once the limits of that existing coverage are reached. Technological advances may result in a replacement product with a lower selling price than Your original Product, and We will not provide any reimbursement based on any replacement product cost difference. Any and all parts or units replaced under this Contract become Our property in their entirety. About Repairs: Parts used to repair Your Product may be new, used, refurbished or non-original manufacturer parts that perform to the factory specifications of the original Product. About Replacements: At Our discretion, We may elect to replace Your original covered Product instead of repairing it. If this is the case, We will make every reasonable effort to replace the defective Product with one of the same model/features/color; however, We reserve the right to replace the defective Product with one of equal or similar features and functionality. Replacement products are ineligible for continued coverage under Your original Service Contract, but if the replacement item is eligible, a new Service Contract for the replacement item may be purchased.
IF YOU NEED TO FILE A CLAIM:
IMPORTANT: The submission of a Claim does not automatically mean that the damage to or breakdown of the Product is covered under this Service Contract.
Call the toll free number listed on Your Service Contract and have Your Purchase Receipt available. A customer service representative will be available 24 hours a day, 7 days a week. Explain the problem Your Product is experiencing and provide any additional information/documentation needed to validate the Claim. Your Product will be inspected for signs of abuse and/or misuse. If it is determined that there has been misuse or abuse of the Product service will be rejected under this Service Contract. After confirmation of Claim eligibility under Your Plan, You will be instructed as to the procedures for obtaining service applicable to Your Product. We will not reimburse You for services performed without prior approval.
Determination of which place of service applies to Your Product is based on and will be the same as that which was provided under Your Product’s original manufacturer’s warranty. The Administrator can provide assistance in confirming which is applicable to Your Product.
If Your Product qualifies for Depot/Mail In Service: You will be responsible for any shipping charges (postage and insurance) incurred for shipping Your product to the designated evaluation center.
If Your Product qualifies for Carry-In Service: You are responsible for transporting Your product to and from the designated service center. Once the repair is complete, You will be notified to pick up Your product.
IF OUR DIAGNOSIS INDICATES THAT THE PROBLEM IS NOT COVERED BY THIS SERVICE CONTRACT, YOU MAY BE RESPONSIBLE FOR ALL SERVICE FEES INCURRED FOR SUCH DIAGNOSIS.
SERVICE CONTRACT LIMIT OF LIABILITY; AGGREGATE LIMIT:
The total amount We will pay for repairs made in connection with all claims that You make pursuant to this Service Contract shall not exceed the purchase price of the product, excluding taxes, shipping and installation. In the event that We make payments for repairs and/or a cash settlement, which in the aggregate, are equal to the purchase price or We replace the product We will have no further obligations under this Service Contract.
IN ADDITION TO THAT WHICH IS NOTED ABOVE, NEITHER WE NOR THE RETAILER WILL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; INCLUDING BUT NOT
LIMITED TO: PROPERTY DAMAGE, FINES, LOSS OF DATA, LOST TIME, LOST CONTRACTS/AGREEMENTS OR LOST INCOME RESULTING FROM OR RELATED TO ANY CLAIM IN RELATION TO THE COVERED PRODUCT (REGARDLESS OF WHETHER OR NOT THE CLAIM ITSELF IS CONSIDERED TO BE COVERED UNDER THE TERMS AND CONDITIONS OF
THIS CONTRACT, AND INCLUDING THAT WHICH RESULTS FROM A PRE-EXISTING CONDITION KNOWN TO YOU OR ANY INHERENT PRODUCT FLAWS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PRIOR TO THE PURCHASE OF THIS CONTRACT).
WHAT IS NOT COVERED (GENERAL EXCLUSIONS):
As related and applicable to the covered Product(s), this Service Contract does not cover any failure, damage, repairs or loss in connection with or resulting from:
- Any new Product with less than an original ninety (90) day manufacturer’s parts and labor limited warranty and/or refurbished Products;
- A pre-existing condition that occurred prior to the effective date of this Service Contract;
- Any Claim for service to or replacement of the covered Product that has not been prior authorized by the Administrator;
- Any add-on accessories and/or peripherals that were purchased in addition and/or separate from the covered Product;
- Any Product that has been confirmed by Our authorized servicer to have removed or altered serial numbers;
- Damage from accident, or introduction of foreign objects into the Product;
- Fortuitous events; including, but not limited to: environmental conditions, exposure to weather conditions or perils of nature; collapse, explosion or collision of or with another object; fire, any kind of precipitation or humidity, lightning, dirt/sand, smoke, nuclear radiation, radioactive contamination, riot, war or hostile action;
- Coverage limits that are provided under any other insurance, warranty, guarantee and/or service agreement;
- Abuse (meaning, the intentional treatment of the covered Product in a harmful, injurious, malicious or offensive manner which results in its damage and/or breakdown), neglect, negligence, misuse, intentional harm or malicious mischief of or to the covered Product;
- Theft, loss or mysterious disappearance, unforeseen disappearance or vandalism of or to the covered Product;
- Rust, corrosion, warping, bending, animals, animal inhabitation or insect infestation;
- Operation outside the manufacturer operational or environmental specifications;
- Product upgrades;
- Any items that are consumer replaceable and designed to be replaced over time throughout the life of the covered Product; including, but not limited to: fuses, batteries, chargers, cases, and all adaptors and remote controls;
- Improper removal or installation of replaceable components, modules, parts or peripherals and/or installation of incorrect parts;
- Lack of providing manufacturer’s recommended preventative maintenance or operation/storage of the covered Product in conditions outside manufacturer specifications;
- Adjustment, manipulation, modification, removal or unauthorized repairs of any internal component/part of a Product;
- Any kind of manufacturer recall or rework order on the covered Product, of which the manufacturer is responsible for providing, regardless of the manufacturer’s ability to pay for such repairs; or • Service or replacement outside of the United States of America, its territories, or Canada.
RENEWABILITY: This Service Contract is not renewable.
TRANSFERABILITY: If You wish to transfer coverage under this Service Contract You must contact the Administrator to initiate the transfer process. Transferability is determined at Our sole discretion and may not be available. Coverage under this Service Contract cannot be transferred to any other item.
CANCELLATION: You may cancel this Service Contract at any time by informing the Retailer where You purchased Your Product of Your cancellation request. NOTICE: The following cancellation provisions apply to the original purchaser of this Service Contract only.
IF YOU CANCEL THIS SERVICE CONTRACT:
- Within 30 days of the Contract purchase date, and no Claims have been paid, You will receive a 100% refund of the Service Contract Fee paid by You. If Your refund is not paid or credited within thirty (30) days after their cancellation request to Us, We will add an extra 10% to Your due refund for every thirty (30) days the refund is not paid by Us.
- After 30 days from the Contract purchase date, You will receive a pro-rata refund of the Service Contract Fee paid by You, less an administrative fee, not to exceed ten percent (10%) of the price of the Service Contract or twenty-five dollars ($25.00), and less any claims paid, where allowed by law. If Your refund is not paid or credited within thirty (30) days after their cancellation request to Us, We will add an extra 10% to Your due refund for every thirty (30) days the refund is not paid by Us.
WE MAY ONLY CANCEL THIS CONTRACT FOR:
- Non-payment of the Service Contract Fee by You;
- Material misrepresentation by You; or
- Substantial breach of duties under this Contract by You in relation to the covered Product or its use.
If We cancel this Contract, We will provide written notice to You at least 15 days (30 days in Georgia) (21 days in Washington) prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Contract, You will receive a pro-rata refund based upon the same criteria as outlined above.
Should We fail to pay any Claim or fail to replace the Product covered under this Service Contract within sixty (60) days after the Claim has been submitted, or in the event You cancel this Service Contract, and We fail to refund any unearned portion of the Service Contract price, You are entitled to make a direct Claim against the insurer. Please refer to Your specific state disclosure below for the insurer name and address.