ELECTRONICS EXTENDED SERVICE AGREEMENT
This Agreement is not a Contract of Insurance
Please read this Agreement carefully, as it describes the protection You will receive in return for Your payment of the purchase price of this Agreement. You must keep thisAgreement, Your sales invoice, and receipt for the product You purchased; they are integral parts of this Agreement and You will be required to produce them in order to obtain service. You must maintain the Covered Product as recommended by the manufacturer’s owner manual and warranty. Refer to the Confirmation Email for this Agreement, Your sales receipt, or invoice to determine the term of this Agreement, the type of plan You purchased, and if there is a deductible required to obtain service under this Agreement.
NOTICE: (1) THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY FOR THE COVERED PRODUCT; (2) THIS AGREEMET IS NOT AN INSURANCE POLICY; and (3) THE PURCHASE OF THIS AGREEMENT IS NOT REQUIRED TO EITHER PURCHASE YOUR PRODUCT OR TO OBTAIN FINANCING FOR IT.
DEFINITIONS :
“You” and “Your” : The original purchaser of the Covered Product or the owner of the product whom the service agreement was validly transferred pursuant to the requirements of this Agreement .
“Seller”: The entity selling the Covered Product and/ or this Agreement.
“Covered Product”: The covered items that You purchased concurrently with and is covered by this Agreement.
“Agreement”: Your contract that is between You and Us.
“Accidental Damage Due to Handling” or “ADH”: Any single, unexpected, sudden and accident damage including damage, accident destruction that is externally visible which prevents the correct operation of the Covered Product that occurs in the normal use of handling and does not include accumulated damage from continual or multiple events.
Eligibility: The following products are eligible for coverage:
Electronics, electronic products including, but not limited to, televisions, cell phones, tablets, laptops, computers, audio equipment, surveillance systems, global positioning satellites (GPS), video game consoles, film and digital cameras, digital picture frames, drones, BLU-RAY players, home theater systems, printers, projectors, telephones, electronic fitness equipment, electric vehicle chargers, solar panels, inverters and batteries, solar panel power supply walls or junction boxes and video cameras.
Appliances, including, but not limited to, refrigerators, microwaves, dishwashers, clothes dryer and washer, hot water heaters, humidifiers, ranges, stoves, ovens, cooktops, freezers, combination units, countertop appliance like coffee makers, toaster ovens, air fryers, mixers, blenders and other similar appliances used on the countertop and outdoor cooking such as grills and smokers.
Furniture, including, but not limited to, fabric furniture; area rugs; leather, vinyl and nubuck furniture, suede; mattresses (innerspring, memory foam and combination mattresses); adjustable beds; wood, mirrors, and other hard surfaces; dining- room and bedroom furniture sold as sets and outdoor furniture products; cabinets for kitchens and bathrooms.
Jewelry and Eyewear, including, but not limited to, rings, necklaces, earrings, bracelets, watches, sunglasses, frames, and lenses.
Lawn & Garden and Power Tools, including, but not limited to, lawnmowers, tractors, power generators, drills, saws, nail guns, pressure washers, edgers or weed eaters, chainsaws, leaf blowers, hedge trimmers, and metal detectors.
Fitness Equipment, including, but not limited to, camping and sporting goods, climbers, steppers, exercise bikes, ellipticals, lifecycles, rowing machines, and treadmills.
Term :
This Agreement begins on the date this Agreement was purchased for the Covered Product or on the dateYour Covered Product was delivered or installed, whichever is later. upon the expiration or termination of the shortest portion of the manufacturer’s warranty for the Covered Product and continues for the period indicated on the Confirmation Email sent to You or Your sales invoice or receipt upon Your payment of the Monthly Subscription Fee upon the purchase date of this Agreement and continues for the period indicated on the Confirmation Email.
The Agreement benefits are available beginning on Your Agreement start date and will continue for the length of time purchased by You as indicated on Your Confirmation Email.
Your coverage start date, Coverage Type, term, end date, price, and other coverage specifics are listed on Your Confirmation Email.
Coverage:
Repair or Replacement: We will provide the parts and labor necessary to repair or replace, at Our discretion, the Covered Product, when required hereunder, as a result of failures due to a mechanical or electrical breakdowns including those experienced due to normal wear and tear and power surges (in the absence of insurance coverage). Parts for the Covered Product may be replaced, at Our discretion, with new, used or remanufactured parts of like kind and quality. If the Covered Product cannot be repaired or if the cost of its repair exceeds the Covered Product’s original purchase price the Covered Product will be replaced as determined by Us with a product of like kind or similar features with a value up to the purchase price of the Covered Product , including shipping if required, but excluding sales tax, and handling costs which are not covered by this Agreement and are Your responsibility. In all cases requiring repairs or replacements, We will attempt to source the most energy efficient models or parts. Any replacement product provided to You as a result of a claim being made under the terms of this Agreement will require the purchase of a new Agreement to receive coverage for the replacement product. Failure must be reported within 30 days of the initial failure to be eligible for coverage.
Accidental Damage From Handling (“ADH”): If purchased, the Covered Product is protected against accidental damage in handling such as drops and liquid spills. Immersion of Your Covered Product is not covered under this Agreement . ADH only covers operational or mechanical failure caused by a single incident while handling and does not include protection against theft, mysterious disappearance, misplacement, viruses or reckless, abusive, willful or intentional misconduct associated with handling and/or use of the Covered Product, cosmetic damage and/or other damage that does not affect the unit’s functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the “General Exclusions - What is Not Covered ” section of this Agreement . For the purpose of this Agreement. The use of this coverage requires an explanation of where and when the Accidental Damage occurred as well as a detailed description of the actual event. If needed, the replacement value of the Covered Product will be solely determined by the Administrator of this Agreement .
Power Surge Protection: This Agreement provides power surge protection from the product date of purchase of the Covered Product in the absence of insurance coverage. If the Covered Product is damaged as a result of a power surge, We will replace the Covered Product in accordance with the terms herein. You may be required to submit proof of claim denial from Your insurer, if applicable.
Commercial Coverage: For residential and commercial grade products used in a Commercial setting/environment (i.e., for any use other than in a residential single-family setting), a Commercial Plan is required. If purchased, this Agreement covers replacement parts and labor necessary to repair the Covered Product that is used in a Commercial setting in those cases where the manufacturer’s warranty is null and void. Coverage under this Agreement will begin from the date of purchase and continue for the period of time stated on the Welcome Email for this Agreement , Your sales receipt or invoice; provided however, for selected products that are manufactured specifically for commercial use and include a manufacturer’s warranty, coverage begins upon expiration of the shortest portion of the manufacturers or Seller’s parts and/or labor warranty. During the manufacturer’s warranty period, any parts, labor, on-site service or shipping costs covered by that warranty are the sole responsibility of the manufacturer. Note: Special Features, Benefits, or Optional Plans and Major Component coverage for appliance service agreements, are not available for products under the Commercial Plan.
Limit Of Liability: Our limit of liability for the Covered Product under this Agreement is the cost of authorized repairs to and/or replacement of the Covered Product as determined by Us, with a product of like kind or similar quality and features. DELIVERY FEES, BREAKDOWN CHARGES, INSPECTION FEES, INSTALLATION FEES, OR ESTIMATE CHARGES FOR REPAIRS THAT ARE NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.
No Lemon Policy: This Agreement provides that following the expiration of the term of the Covered Product’s manufacturer’s warranty, and subject to Ourlimit of liability, after three (3) service repairs have been completed for the Covered Product for the same problem within a 12 month period, as determined by Us , in lieu of performing a fourth (4th) repair on the Covered
Product , We may replace it with a product of like kind or similar features, or issue payment or store credit to You in an amount not to exceed the remaining limit of liability as determined in accordance with the section titled “Limit of Liability.” If We replace the Covered Product or issue a cash settlement of any kind, including a store credit, all of Our obligations for the Covered Product under this Agreement terminate and will be considered fulfilled.
How To Request Service: To request service for the Covered Product, contact the Administrator , Administrator prior to service being completed. Claims for unauthorized repairs will be denied. You may be asked for a credit card number prior to service being performed. If You refuse service on a Covered Product after We have dispatched the authorized technician to Your location, You will be billed for that servicer’s applicable trip charge. If You refuse service on a Covered Product , We are no longer responsible for any costs associated with the repair or replacement of Your Covered Product and may choose to refund You the prorated cost of this Agreement. If the cost of this Agreement is refunded at full cost or at a prorated cost, this Agreement will be considered fulfilled and no further action to repair or replace Your Covered Product will be considered.
Service Deliverables: You will receive service on the Covered Product as described below at Our discretion:
Carry-In: Unless otherwise provided in this Agreement, the Covered Product must be shipped or delivered and retrieved by You at Our designated authorized service center during normal business hours.
In-Home/On-Site: Service will be performed in Your home or on-site as indicated on the Welcome Email for this Agreement, or on Your sales receipt or invoice, provided You have fulfilled the following requirements: (1) provide Our authorized technician with accessibility to the Covered Product; (2) provide a non-threatening and safe environment for Our authorized technician; and (3) an adult over the age of 18 must be present for the period of time Our authorized technician is scheduled to provide service and while Our authorized technician is on Your property servicing the Covered Product. In-home or on-site service will be provided by Our authorized service provider during regular business hours, local time, Monday through Friday, except holidays. Our authorized service center may opt to remove the Covered Product to perform service in-shop. The Covered Productwill be returned upon completion. Additional time and mileage charges for in-home or on-site repairs outside of twenty- five (25) contiguous land miles or the normal service radius of Our authorized service center are not covered by this Agreement and are Your responsibility. If an authorized service provider is unavailable in Your area, You may be responsible for locating a service provider and facilitating the service for Your Covered Product, governed by the terms in section “Customer Reimbursement”.
Depot Service: If depot service is included with Your Agreement, We will provide 2-way shipping to and from a depot service center of Our choice.
Customer Service Reimbursement: To qualify for Customer Service Reimbursement, You will be required to submit proof of payment for services rendered on Your Covered Product as outlined in the section labeled, “YOUR RESONSIBILITIES- SERVICE REIMBURSEMENT”. Failure to produce proof of payment for service may cause Your claim to be denied. To file a service reimbursement claim: You must contact Us before contacting a service provider in Your area. You must contact a manufacturer authorized service provider in Your area or obtain permission from Us before contacting a non- authorized service provider. We are not responsible for delay in service or use of the Covered Product while the Covered Product is being repaired, replaced, evaluated, or diagnosed unless otherwise stated in this Agreement.
Your Responsibilities – Service Reimbursement
Locate an authorized service provider in Your area and notify Us prior to scheduling a diagnosis visit.
Contact the Administrator once the product has been diagnosed to provide the detailed repair estimate including all trip charges, diagnosis fees, labor costs and part costs with part numbers for the parts required to complete the repair. You will be provided with an approval code if a repair is required due to a covered failure. Once the repair has been completed, You must pay the service provider and email Us a copy of the completed and paid repair invoice. The invoice must include: the make, model and serial number of the Covered Product, the reason for repair, the cause of loss, an itemized list of parts and labor charges with part numbers, proof of payment and Your name, address and phone number. We will reimburse within two (2) weeks of receipt of the paid invoice with the required information.
General Exclusions – What is Not CoveredThe following is applicable to all Agreements:
The Agreement applies only to the operation or use of the Covered Product under conditions for which it was designed, and does not cover loss or damage resulting from external causes such as dropping the Product (unless You purchased Accidental Damage From Handling), collision with an object, burglary, theft, vandalism, environmental conditions, fire, flooding, corrosion, sand, dirt, windstorm, hail, earthquake, riot, exposure to weather conditions, misuse, abuse, neglect, accidental damage, insect infestations, terrorist attacks, liquid spills (unless You purchased Accidental Damage From Handling), condensation, leaking product battery (or any other leaking substance within the product) or improper use of any electrical power source. Damage incurred during transportation, or any other unforeseen circumstance(s) or event(s) originating from outside the product is not covered.
The Obligor is not obligated to repair or replace cosmetic or structural items; damage, warping or rusting of any kind to the housing, case or frame of the Product or any non-operating part, including plastic, or decorative parts; or parts normally designated to be replaced periodically by You or consumed during the life of the Product (i.e., batteries, light bulbs, plasma refills, etc).
The Agreement does not cover preventative maintenance.
Products with removed or altered serial numbers are not covered.
If Your Product experiences a defect or damage that is excluded from coverage under this section or in the event that no covered defect or damage is found, then You are responsible for all repair costs, parts, and the cost of service, if any.
Any product used in a commercial setting unless You purchased Commercial Coverage.
This Agreement does not cover any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or product sold “as is”, including but not limited to floor models and demonstration models, etc.
This Agreement does not cover parts or repairs due to normal aging, or wear and tear, unless otherwise specified or unless tied to a failure, and items normally designed to be periodically replaced by You during the life of the product, including but not limited to batteries, light bulbs, etc.
This Agreement does not cover damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications, alterations or repairs to a Covered Product.
Any other act or result not described as covered by this Agreement.
For electronics (in addition to the items above):
This Agreement does not provide for any expansion of the channel or frequency range capabilities of Your Covered Product, nor does it provide for cable television adjustments, hookups, or audio-video system installation.
In no event shall the Obligor be liable for consequential damages including but not limited to any delay in rendering service under the Agreement, availability of repair or replacement parts, loss or corruption of data, damage due to computer viruses, or loss of use during the period that the Product is at a repair center or otherwise awaiting parts.
The Obligor is not responsible for restoring software and/or operating systems to Your Product. In order for the Agreement to be valid You, the purchaser, must perform or have a qualified party perform any and all preventive maintenance recommended by the manufacturer to keep the covered Product in normal operating condition.
The Agreement does not cover: the costs of separately purchased cables, connectors, or other accessories; unauthorized repairs or modifications; improper installation of components or peripherals; losses on any component that has never been covered by an original manufacturer’s warranty; Product repairs which should be covered by a manufacturer’s warranty regardless of whether the manufacturer honors such warranty; or any other damage to recording media including CD’s or DVD’s; batteries; lightbulbs.
The Obligor is not obligated to repair or replace damage related to a screen burn, image burn-in, ghost image or other related permanent discoloration of areas on the display or any other type of display damage.
This Agreement does not cover product repairs that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs.
This Agreement does not cover loss or damage caused by invasion; rebellion; riot; strike; labor disturbance; lockout; or civil commotion.
This Agreement does not cover any antennae or antennae system; any expansion of the channel or frequency range capabilities of the Covered Product; circuit adjustments required to receive any particular station; service or adjustments due to changes in external power supply; power connectors and connections; reception or normal signal
This Agreement does not cover speakers (except surround-sound home theater) and remote controls.
This Agreement does not cover any storage media damaged by malfunctioning parts; improper installation of computer components or peripherals; repair or replacement of upgraded computer components when repair or replacement is required due to incompatibility of parts or incorrect installation.
This Agreement does not cover application programs; operating software; other software; loss of data or restoration of programs.
This Agreement does not cover corruption of any program, data or setup information resident on any hard drives and internal or external removable storage devices, as a result of the malfunctioning or damage of an operating part, or as a result of any repairs or replacement under this Agreement.
This Agreement does not cover toner and ink cartridges and cables.
For appliances (in addition to the items above):
Breakdown or damage caused by external factors such as freezing, inadequate or non-compliant plumbing, wiring, or improper storage or ventilation. Service due to interior and exterior plumbing, main water lines, valves, foreign plumbing parts, upgrades or retrofits, unapproved components, non-municipal water supply, loss or damage due to existing governmental code violations including repairs or upgrades to Products not complying with codes, inconsequential noises, reconfiguration of the Product.
Any costs associated with permits, licenses, or other parts required for the installation or reinstallation of the Product.
For furniture (in addition to the items above):
Fabrics or other materials that cannot be cleaned through traditional means. These include but are not limited to silk, dry clean only, non-colorfast, suede or nubuck leather, and code X fabric. Stains, odors, or damage outside of the Service Contract’s covered events including gum, pets or other wildlife, scratches, bodily fluids, smoke, paints/dyes, bleaches, flooding, rust, burns, mold or mildew. Natural flaws or material inconsistencies (ex. wood, leather, or fabric), inherent design defects, or microfiber delamination.
(AA) Splitting, cracking and/or peeling of leather, bonded leather, by cast leather or coated fabrics. (BB) The windings, wrappings or bindings on rattan, bamboo, or wicker furniture.
(CC) Fading or loss of resiliency.
(DD) Accessory pillows, throws, or blankets.
(EE) General soiling, which is defined as a gradual buildup of dirt, dust, body oils, perspiration, or any other accumulated stains, that cannot be attributed to a single occurrence.
(FF) Indentations from writing on wood surface or any type of surface abrasion; finish scorching and heat damage.
Loss of silvering of glass or mirror components; scratches of any type; all accessories.
(GG) Human and pet bodily fluid stains bodily fluid stains caused by incontinent individuals or pets. Repeated pet bodily fluid stains, which are considered preventable occurrences.
(HH) Damage that does not clearly penetrate through upholstery including but not limited to scratches and scuff marks
(II) Plastic or metal parts, such as hinges and drawer slides.
(JJ) Accidental gouges on wood surfaces that do not clearly penetrate through the clear-coat finish exposing the bare wood including but not limited to scratches.
(KK) Ballpoint pen ink, crayon or lipstick marks of more than 6 inches in length are considered preventable and will not be covered.
(LL) Stains or liquid rings, unless specifically covered under this Plan, caused by substances such as medication (including vitamins), dyes, paints, acids, corrosives, chemicals, bleaches, glue, candle wax, adhesives, gum, crayon, ink (except ballpoint pen ink), marker, dirt or other soil, pollen, tree sap, rust, nail polish, nail polish remover, cosmetics, hair treatments including hair gel, hair spray, mousse, or other like substances.
(MM) Odors; accumulated or long-term multiple stains and unknown stains, color loss and fading. Normal wear and tear, including damage of this type cannot be attributed to a single relatable accident.
(NN) Any upgrades to the furniture item that alter the appearance and function from the manufacturer’s original state.
For jewelry (in addition to the items above):
(OO) Scratches covered on the watch bracelet or clasp that does not impede the functionality of the product.
(PP) Flaws in diamonds or gemstones.
(QQ) Loss of diamonds, gemstones, or any other such parts of the Covered Product unless such loss was caused by a defect in the workmanship and/or materials, without any undue stress of damage.
(RR) We will not replace damage, lost or stolen gemstones or beads.
For lawn & garden and power tools (in addition to the items above):
(SS) Fees or charges related to disposal of environmentally unsafe materials, including but not limited to, refrigerant recovery and/or replacement, disposal of contaminated refrigerants and/or oils, and related materials and environmental fees.
(TT) Damage to mowing decks caused by sand abrasion or vibration related to an unbalanced blade.
(UU) Modifications to meet changes in federal, state or local codes and regulations.
For fitness equipment (in addition to the items above):
(VV) Non-Failure problems, including, but not limited to, noises, squeaks, unless they are an indication of abnormal wear, or connected to a covered failure.
(WW) All non-functional parts, including, but not limited to, bike pedals straps, casings, cover shrouds, endcaps, handgrips or upholstery.
IN NO EVENT SHALL THE ADMINISTRATOR/OBLIGOR OR ANY OF THE ADMINISTRATOR/OBLIGOR’S AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS AGREEMENT DOES NOT COVER ANY LOSS OR DAMAGE NOT SPECIFICALLY LISTED HEREIN.
V. CONDITIONS
Renewal: This Agreement may be renewed at Our option; however, We are not obligated to offer You another Agreement upon termination of this Agreement or to accept an Agreement request, in the event You tender one.
Territories: The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canada or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
Subrogation: If We pay or render service for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay or render service for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
Cancellation: This Agreement provides a thirty (30) day free look period from the purchase date of the Agreement as long as no claims have been incurred. You may cancel this Agreement for any reason at any time by emailing support@surebright.com. Please include Your name and contract ID number found in Your Confirmation Email to process the cancellation.You may also cancel Your plan by calling us. If Your cancellation request is within thirty (30) days from the date of purchase of the Agreement, You will receive a 100% refund of the full purchase price of the Agreement. If Your cancellation request is made more than thirty (30) days from the date of purchase, You will receive a pro-rata refund of the Agreement purchase price, less the cost of repairs made (if any), and less an administrative fee to not exceed the cost of the contract or $50.00 whichever is less; or the state law for cancellation that apply to residents requesting cancellation. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. A written notice will be provided at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. Return of the premium is based upon 100% of the unearned pro-rata premium.
Entire Agreement: This is the entire service Agreement between the parties, and no representation, promise or condition made by any person or entity which is not contained herein shall modify any of the terms or conditions of this Agreement .
Insurance Company Obligations: In AR, AZ, CA, CT, DC, DE, FL, GA, HI, IL, MA, ME, MN, MO, NH, NM, NV, OH, OK, SC, TX, UT, VA, WA, WI, and WY In the event the Obligor fails to perform or pay any covered service or claim, pay any refund, pay any requested performance, or becomes insolvent or otherwise financially impaired, or if satisfaction is not received within 60 days after proof of loss is filed, You may make a claim or submit a cancellation request directly with the insurer.
Financial Guarantee: In AK, AL, CO, KY, MA, NY, OR, VT, IA, ID, IN, KS, LA, MD, MI, MS, MT, NE, NJ, NC, ND, PA, PR, RI, SD, TN, and WV obligations under this Agreement are secured by the full faith and credit of Insurer Corp. the parent company of Insurer Device Protection. In the event Insurer Device Protection, LLC fails to perform or pay any covered service or claim, pay any refund, pay any requested performance, You
Notice of Loss: Failure of the Covered Product must be reported within 30 days of the original failure date.
Fulfillment of Our Obligations: This Agreement shall be fulfilled upon replacement of the Covered Product or issuance of compensation or Seller store credit to You in lieu of replacement of a Covered Product.
Deductible:There may be a deductible required to obtain service for repair or replacement of the Covered Product . Please refer to Your Confirmation Email or Service Agreement to determine if a deductible is applicable to this Agreement .
Transferability: This Agreement is not transferable.
Assignment - We may assign, in whole or in part, at Our sole discretion, the administrative functions of this Agreement to a different Administrator if appropriate or if required by law. If such an assignment becomes necessary, We will provide You with ninety (90) days advance written notice that will include information for where You can obtain customer service.
STATE REQUIREMENTS AND DISCLOSURES
THIS AGREEMENT IS AMENDED TO COMPLY WITH THE FOLLOWING REQUIREMENTS AND DISCLOSURES.
Alabama: A twenty-five-dollar ($25) cancellation fee is applicable. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement .
Arizona: CANCELLATION section is amended as follows: If Your cancellation request is made more than thirty (30) days from the date of purchase, You will receive a pro-rata refund of the Agreement purchase price,
less the cost of repairs made (if any), and less an administrative fee to not exceed the cost of the contract, $50.00, or ten percent (10%) of the purchase price of the service contract, whichever is less. Exclusions listed in the Agreement apply once the Covered Product is owned by You.
Arkansas: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement .
California: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement. For all products other than home appliances and home electronic products, if the Agreement is cancelled: (a) within sixty (60) days of receipt of this Agreement , You shall receive a full refund of the purchase price of this Agreement provided no service has been performed, or (b) after sixty (60) days, You will receive a pro rata refund, less the cost of any service received.
Colorado: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement .
Connecticut: If You purchased this Agreement in Connecticut, You may pursue mediation to settle disputes between You and the provider of this Agreement. In the event Your Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed. CANCELLATION section is amended as follows: You may cancel this Agreement if You return the Covered Product or the Covered Product is sold, lost, stolen, or destroyed.
Florida: If You cancel this Agreement, return of premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less any claims that have been paid or less the cost of repairs made on Your behalf. If this Agreement is cancelled by the Provider or Administrator, return of premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any claims that have been made or less the cost of repairs made on Your behalf. The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation. Under the CONDITIONS section, paragraph H. Insurance Obligations is removed.
Georgia: Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. CANCELLATION section is amended as follows: This Agreement provides a thirty (30) day free look period from the purchase date of the Agreement . You may cancel this Agreement by informing the Seller of Your cancellation request within thirty (30) days from the date of purchase of the Agreement and You will receive a 100% refund of the full purchase price of the Agreement. For cancellations by the contract holder within the 30 day free look period, a 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after receipt of the cancellation request. If You cancel after thirty (30) days of receipt of Your Agreement , You will receive a pro rata refund of the Agreement price. In the event of cancellation by Us, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You.
Hawaii: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Iowa: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement.
Maine: CANCELLATION section is amended as follows: The provider of the Agreement shall mail a written notice to the service Agreement holder at the last known address of the service Agreement holder contained in the records of the provider at least fifteen (15) days prior to cancellation by the provider. The notice must state the effective date of the cancellation and the reason for the cancellation. If an Agreement is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the service Agreementholder one hundred percent (100%) of the unearned pro-rata provider fee, less any claims paid. An administrative fee not to exceed ten percent (10%) of the provider fee paid by the service Agreement holder may be charged by the provider. A monthly penalty equal to ten percent (10%) of the provider fee outstanding must be added to a refund that is not paid or credited within forty-five (45) days after the return of the Agreement to the provider.
Maryland: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement.
Massachusetts: CANCELLATION section is amended as follows: The provider shall mail a written notice to the service Agreement holder, including the effective date of the cancellation and the reason for the cancellation at the last known address of the service Agreement holder contained in the records of the provider at least five (5) days prior to cancellation by the provider unless the reason for cancellation is nonpayment of the provider fee, material misrepresentation or a substantial breach of duties by the service Agreement holder relating to the Covered Product or its use. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement .
Michigan: If performance under this Agreement is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.
Minnesota: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement .
Missouri: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement .
Nevada: In the event You are not satisfied with the manner in which We are handling a claim, You may file a complaint. CANCELLATION section is amended as follows: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. You will receive a pro-rata refund of the Agreement purchase price, less the cost of repairs made (if any), and less a cancellation fee to not exceed the cost of the contract or $25.00 whichever is less; or the state law for cancellation that apply to residents requesting cancellation. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You , or in presenting a claim for service thereunder. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five
(45) days of receipt of returned service Agreement. EMERGENY REPAIRS In emergency situations that defects immediately endanger the health and safety of You, repairs will commence within 24 hours after the report of the claim and will be completed as soon as reasonably practicable thereafter; and if We determine that repairs cannot practicably be completed within three (3) calendar days after the report of the claim, We will provide a status report to You no later than three (3) calendar days after the report of the claim that will include: 1) A list of the required repairs or services, 2) the primary reason causing the required repairs or services to extend beyond the three (3) day period; 3) the current estimated time to complete the repairs or services; and 4) contact information for You to make additional inquiries concerning any aspect of the claim and a commitment to respond to such inquiries no later than one (1) business day after such an inquiry is made.
New Hampshire: In the event You do not receive satisfaction under this Agreement ,
New Jersey: The product being offered is a service contract and is separate and distinct from any product or service warranty which may be provided by the manufacturer, importer, or seller and does not extend the term of any original product or service warranty that the manufacturer, importer, or seller may have provided. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement .
New Mexico: CANCELLATION section is amended as follows: If You are the original purchaser of this Agreement , You may return this Agreement and receive a refund if: (i) You have not made a claim under the Agreement ; and (ii) You return this Agreement within twenty days after the date We mail You a copy of the Agreement or within ten days after You receive a copy of the Agreement if We furnish You with the copy at the time the Agreement is purchased. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Agreement has been in force for a period of seventy (70) days, We may not cancel it before the expiration of the Agreement term or one (1) year, whichever occurs first, unless: 1) You fail to pay any amount due; 2) You are convicted of a crime which results in an increase in the service required under the Agreement ; 3) You engage in fraud or material misrepresentation in obtaining this Agreement ; or 4) You commit any act, omission, or violation of any terms of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. A ten percent (10%) penalty per month (or each portion thereof) shall be applied to refunds not paid or credited within sixty (60) days of receipt of a returned Agreement .
New York: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement .
North Carolina: CANCELLATION section is amended as follows: We may not cancel this Agreement except for nonpayment
by You or for violation of any of the terms and conditions of thisAgreement.
Oklahoma : This Agreement is not a contract of insurance. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. CANCELLATION section is amended as follows: In the event You cancel this Agreement, return of premium shall be based upon ninety percent (90%) of the unearned pro rata premium, less any claims that have been paid or less the cost of repairs made on Your behalf. In the event We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium, less any claims that have been paid or less the cost of repairs made on Your behalf.
Oregon: Upon failure of the Obligor to perform under the Agreement , the insurer shall pay on behalf of the Obligor any sums the Obligor is legally obligated to pay and any service that the Obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination. CANCELLATION section is amended as follows: You , the service Agreement holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. The Obligor is responsible for Your refund.
South Carolina: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number 803-737-6180. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Texas : CANCELLATION section is amended as follows: You, the service Agreement holder, may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Utah: This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. CANCELLATION section is amended as follows: We can cancel this Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Agreement during such time period for non-payment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for non-payment of premium and thirty (30) days prior to the cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement or (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Agreement number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation.
EMERGENCY SERVICE: If you are unable to contact Administrator and you require emergency repair, you may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Administrator Your original repair bill along with the technician’s report and a copy of the Agreement to the address at the top of this Agreement for reimbursement. All coverage and exclusions in this Agreement will apply.
Washington: All references to Obligor throughout this Agreement are replaced with Service Provider. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement . We may not cancel this Agreement without providing You with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. You are not required to wait sixty (60) days before filing a claim directly with the Service Provider.
EMERGENCY SERVICE: If You are unable to contact Administrator and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Administrator Your original repair bill along with the technician’s report and a copy of the Agreement to the address at the top of this Agreement for reimbursement. All coverage and exclusions in this Agreement will apply.
Wisconsin: CANCELLATION section is amended as follows: If We cancel this Agreement, We will provide written notice of cancellation, including the effective date of the cancellation and the actual reason for the cancellation, to the last known mailing address at least five (5) days prior to the effective date of the cancellation. Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of this Agreement.THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.
If You cancel within thirty (30) days of receipt of this Agreement, You must first return to the Seller or to the Obligor should the Seller not be available. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement. If Administrator fails to provide, or reimburse or pay for, a service that is covered under this Agreement within sixty-one (61) days after You provide proof of loss, or if the Administrator becomes insolvent or otherwise financially impaired, You may file a claim directly with the Insurer for reimbursement, payment, or provision of the service. IfYour cancellation request is made more than thirty (30) days from the date of purchase, You will receive a pro-rata refund of theAgreement purchase price, less the cost of repairs made (if any), and less an administrative fee to not exceed $50.00 or ten percent (10%) of the purchase price whichever is less.