Care Plan for Home Appliance and Electronics
Terms and conditions
THIS SERVICE PLAN IS NOT A CONTRACT OF INSURANCE. Unless otherwise regulated under state law, the contents under this Service Plan should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637.
DEFINITIONS:
Accidental Damage: This Service Plan covers sudden, unexpected and unintentional external events that result in “physical” damage to the Product, or “failure” to the Product, including water or liquid damage. The damage is not foreseeable and is beyond Your control. This benefit applies to You only if purchased by You and is indicated on the Benefits Summary Page. This coverage is not available on all Products.
Administrator: The Administrator indicates the entity that is responsible for the administration of this Service Plan. In all states, the Administrator is Federal Warranty Service Corporation, except in Florida where the Administrator is United Service Protection Inc., and in Oklahoma where the Administrator is Assurant Service Protection, Inc. The address for each Administrator is P.O. Box 105689, Atlanta, GA 30348-5689.
Authorized Service Facility: The location that serves as a replacement and/or repair facility for the Service Plan that supplies replacements for and/or undertakes repairs of the Product. Selection of the Authorized Service Facility will be at Our sole discretion.
Coverage Date: The beginning and end date of this Service Plan as identified on the Benefits Summary Page.
Mechanical and/or Electrical Failure: Failure of a Product due to normal wear and tear when operated according to the manufacturer’s instructions.
Monthly Payment: The monthly amount paid by You for this Service Plan. Your Service Plan continues month-to-month until terminated based on Your payment of the monthly fee. Payments must be received by their due date or Your coverage will be canceled at the end of the last month for which You have paid.
Partial Payment: Your Service Plan is not paid in full at the time of purchase, but is paid in installments. Payments must be received by their due date or Your coverage will continue only through the last day covered by Your payment, then Your coverage will be cancelled, and You will not receive any refund.
Product: The Product covered under this Service Plan, which is identified on the Benefits Summary Page.
Purchase Date: The date payment was initially received for this Service Plan as listed on the Benefits Summary Page.
Service Plan: Your Service Plan includes the Benefits Summary Page, these terms and conditions and any State Disclosures.
Service Plan Coverage: The type of coverage You purchased to cover Your Product as identified on the Benefits Summary Page.
Service Plan Holder/You and Your: The owner of the Product who purchased this Service Plan.
Service Plan Price: The consideration paid by You for this Service Plan indicated on the Benefits Summary Page.
Service Plan Provider/We, Us, and Our: The Obligor of this Service Plan identified on the Benefits Summary Page.
Subject to these terms and conditions, this Service Plan begins and ends on the Coverage Dates identified on the Benefits Summary Page. If You have chosen a Partial Payment option, and do not complete making all of Your payments, Your coverage will terminate early based on how much You have paid towards the full Service Plan Price. If You have chosen the Monthly Payment option, this Service Plan is renewed monthly by Your payment of the monthly amount. If the monthly amount is not paid, coverage will terminate.
WHAT IS COVERED:
This Service Plan covers parts and labor costs and/or materials and repairs necessary to return Your Product to normal working condition, due to damage resulting from a Mechanical and/or Electrical Failure, or Accidental Damage if You purchased the Accidental Damage option as specified on the Benefits Summary Page. This Service Plan covers only Products used for personal, family or household purposes. Incidents beyond the scope of the terms and conditions for this Service Plan are captured below in the section entitled EXCLUSIONS.
DEDUCTIBLE:
If a deductible is required to obtain service on Your Product, the deductible amount will be listed on Your Benefits Summary Page. The deductible is for each occurrence where We dispatched a service call, and You will be responsible for paying the deductible before Your claim can be approved or before service is provided. If repairs are made to additional Products, a separate Deductible will apply to each Product repaired. You will not be responsible for deductible charges on repeat service calls completed within thirty (30) days of the original service event for the same issue. Failure to pay the deductible when due may result in the suspension of service.
PROOF OF PURCHASE:
Keep this Service Plan and the sales receipt for the Product; they are integral parts of this Service Plan and You may be required to produce them to obtain service.
HOW TO MAKE A CLAIM:
You must call via phone 1-866-371-9501, Monday – Friday, 8:00 am – Midnight (EST), or Saturday – Sunday, 9:00 am – 11:00 pm (EST). If We replace Your Product, the damaged item will become Our property if We elect to recover the Product. If We do not recover the Product, You must dispose of it in compliance with the law. PLEASE BE SURE TO BACK UP ANY AND ALL DATA ON YOUR PRODUCT BEFORE RELEASING FOR SERVICE. WE WILL NOT BE LIABLE FOR ANY LOST OR STOLEN DATA. You have the responsibility to protect Your Product against further damage.
YOUR OBLIGATION TO PROTECT PRIVATE AND PERSONAL INFORMATION:
It is Your sole responsibility, to protect or secure or remove all data, including confidential, proprietary or personal information from the Product, including, without limitation, SIM cards, memory cards, passwords, contacts, email, pictures or calendars. Consult Your Users Guide to learn how to erase, secure or remove such information. We will not be responsible for the loss or disclosure of any data, including confidential, proprietary or personal information on any Product.
SERVICE OPTIONS:
We reserve the right to fulfill Your claim using any of the three (3) options described below:
In-Home Service: In-home service will be provided on Your Product and repairs will be performed at Your residence. An adult (of legal age) must be present at the location where the in-home service will be performed. We, at Our discretion, may elect to ship consumer replaceable parts for self-installation by You.
Depot Repair: We will provide a prepaid shipping label for You to ship the Product to Our Authorized Service Facility. The repaired Product will be returned to You once repairs have been completed. If the Authorized Service Facility determines the Product is in working condition, or is not covered by Your Service Plan, You will be responsible for paying return shipping charges for Your Product.
Replacement: We have the option, at Our sole discretion, to replace Your Product with a Product of like kind and quality, cash settlement, or gift card based on the value of a replacement Product of similar features and functionality, not including delivery and installation fees. We also have the option to ship a replacement Product to Your home, with instructions and a pre-paid mailing label for You to deliver Your original Product to Our Authorized Service Facility. Excluding the Monthly Payment option, replacement of Your Product, or issuance of a cash settlement or gift card, will fulfill this Service Plan in its entirety and will cancel and discharge all further obligations under this Service Plan, where allowed by law. If You have elected the Monthly Payment option, Your coverage will remain in effect as long as We receive Your payment. You may be required to return the original Product to Us prior to the issuance of a Product of like kind and quality, cash settlement, or gift card. If returned to Us, the original Product will become Our property. Technological advances may result in a replacement Product with a lower selling price than the original Product purchase price; therefore, no refunds will be made based on the replacement Product cost difference from the original Product purchase price. The total value of this replacement option is not to exceed the Limit of Liability. The maximum number of replacements under this Service Plan are indicated on the Benefits Summary Page.
LIMIT OF LIABILITY:
Unless otherwise stated below, and excluding the Monthly Payment option, the total amount that We will pay for repairs and/or replacement made in connection with all claims that You make pursuant to this Service Plan shall not exceed the purchase amount paid for the Product. In the event that We make payments for repairs and/or replacements, which in the aggregate, are equal to the purchase amount paid for the Product, or provide a cash settlement or gift card up to the aggregate limit toward the replacement cost of a new item of equal features and functionality, We will have no further obligations under this Service Plan. If You have elected the Monthly Payment option, Your coverage will remain in effect as long as We receive Your payment. For the Monthly Payment option, the maximum number of replacements during a twelve (12) month period is listed on the Benefits Summary Page.
WE WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
BATTERY REPLACEMENT:
One (1) battery replacement will be provided if Your Product is a personal computer or tablet and the original factory installed rechargeable battery is defective as determined by Us. We will provide You a prepaid shipping label for You to ship either the Product or the removable battery (as applicable) to Our Authorized Service Facility for Us to replace the battery. The Product or new battery will be returned to You once the replacement has been completed. The defective battery will become Our property. Battery replacements are not provided on any other types of Products.
COMPUTER ACCESSORIES COVERED:
This Service Plan covers the originally packaged mouse, keyboard, speakers, and monitor. A peripheral Service Plan will be required for additional external components.
COMPUTER TECH SUPPORT:
A technical service representative will assist You on the telephone to determine what technical difficulties may exist, and to the extent that Our diagnosis confirms a hardware failure, We will assist You in arranging service for Your Product. Our level of service expertise cannot support preloaded, customized or proprietary software, those applications that were installed after Your original Product purchase, or those software errors that confirm improperly functioning or defective software. Additionally, this Service Plan does not provide education on how to utilize or perform tasks using any type of software program, preloaded or otherwise.
FOOD LOSS:
You will be reimbursed for food losses resulting from a no-cool covered failure of Your refrigerator or freezer, as determined by the Administrator, up to two hundred ($200) dollars per appliance over the term of this Service Plan; proof of loss may be required. Food loss that results from a loss or interruption of power is not covered.
POWER SURGE PROTECTION:
If operational failure of Your Product is caused by a power surge, as determined by the Administrator, and a properly installed and functioning Underwriter’s Laboratory approved surge protector is in use, then We will provide up to a maximum of $1,000.00 over the life of the Service Plan. You may be required to send Your surge protector to the Administrator for examination.
REMOTE CONTROL AND 3D GLASSES REPLACEMENT:
This Service Plan provides for one (1) remote control and one (1) 3D glasses replacement of comparable functionality over the covered term, if there is a failure. Your Service Plan remains in force upon replacement of either of these items.
NO LEMON GUARANTEE:
During the coverage term of this Service Plan, if the same component fails three (3) times or the Product requires a fourth (4ᵗʰ) repair, as determined by Us, We will issue a replacement Product as outlined in the Replacement provision. Product failures during the manufacturer’s warranty, during the servicer’s warranty period, or during a coverage term outside of this Service Plan do not count toward the no lemon guarantee. Replacement of Your Product, or issuance of a cash settlement or gift card, will fulfill this Service Plan in its entirety and will cancel and discharge all further obligations under this Service Plan, where allowed by law. If Your beginning Coverage Date listed on the Benefits Summary Page is the same date that You purchased this Service Plan and You have elected the Monthly Payment option, Your coverage will remain in effect as long as We receive Your payment.
EXCLUSIONS:
Your Service Plan does not cover:
A. Any equipment located outside the continental United States, Alaska or Hawaii;
B. Major appliance products older than ten (10) years of age or electronics products older than six (6) years of age from the Product’s installation date, refurbished Products with less than an original ninety (90) day manufacturer’s warranty, Products sold “as is;”
C. Products used in industrial, business, government, rental properties, vacation properties, multi-family properties such as retirement homes, ACLFs, group homes, or commercial settings as determined by Us, or in recreational vehicles;
D. Service required as a result of any moving or alteration of Product or unauthorized repairs made by anyone other than an Authorized Service Facility, or the use of parts or supplies other than those recommended by the manufacturer;
E. Damage and/or other Product failure due to causes beyond Our control including operator negligence, failure to maintain or place the Product according to the owner’s manual instructions, misuse, abuse, vandalism, theft, fire, flood, wind, freezing, animal or insect infestation, rust, dust, any type of corrosion (unless Accidental Damage coverage has been purchased), inadequate power supply, wiring, breakers, ductwork, improper installation, transportation damage, unusual atmospheric conditions, acts of war or acts of God;
F. Service necessary because of improper storage, improper ventilation, non-compliant plumbing, non-municipal water supply, loss or damage as a result of violation of existing federal, state and municipal codes including repairs to Products not complying with codes, inconsequential noises, reconfiguration of Product, any installation that prevents normal service;
G. Cosmetic damage, non-functional parts, consumable and expendable items, protective glass, frame, filters, antenna, non-rechargeable batteries whether or not they are replaceable by the consumer, toner and developer cartridges, drum cartridges, stylus, needles, trays, shelves, light bulbs, consumable items as determined by the Administrator, projector bulbs, tapes, ribbons, hoses, knobs, bags, pre-installed, customized or proprietary software, software applications installed after Your original computer Product purchase or installation of any of the foregoing items;
H. Damage to clothing, with the exception of clothing that is ripped due to the covered failure of Your washer or dryer. Clothing damage shall not exceed two hundred dollars ($200.00);
I. Any repair covered by the original manufacturer’s warranty or initiated by the manufacturer or recall program, whether the manufacturer is in business or not;
J. Repair or replacement caused by defects that existed prior to this Service Plan purchase and known by You;
K. Normal, periodic or preventative maintenance, or customer education, cable television adjustments, hookups, or audio-video system installation;
L. Charges related to “No Problem Found” diagnosis;
M. Upgraded, retrofit, or unapproved components;
N. Upgrades to comply with regulatory laws;
O. Refrigerant lines, condensation leaks, drain lines, or evaporation/condenser coils if rusted or corroded;
P. Products with original serial numbers that have been removed, altered or cannot be readily determined;
Q. Cabinetry, carpentry, masonry or other miscellaneous enclosures or trim surrounding built-in Products and custom panels;
R. Loss or corruption of data, damage due to computer viruses, and/or the restoration of software and operating systems to Your Product;
S. Shipping damage to Products resulting from inadequate packaging by You;
T. Failures due to Accidental or intentional damage, unless the Accidental Damage option has been purchased by You;
U. Television panel pixel damage or panel burned-in images subject to the original Product manufacturer’s allowable warranty guidelines and verified by Our Authorized Service Facility; and
V. Radio frequency interference due to improper installation or close proximity to other electronic equipment.
TRANSFERABILITY:
You may transfer this Service Plan to another person by writing to Federal Warranty Service Corporation at P.O. Box 100, Rapid City, SD 57709. The notice must include a copy of the Benefits Summary Page, and the name, address, and phone number of the person to whom the Service Plan is being transferred.
Your transfer takes effect as soon as Federal Warranty Service Corporation receives Your written notice.
RENEWAL:
This Service Plan may, at Our discretion, be renewed at the expiration of its term. When We offer to renew the Service Plan the renewal price quoted will reflect the age of the Product and the prevailing service cost at the time of the renewal.
CANCELLATION:
Your Service Plan may be canceled under the following conditions:
A. Cancellation by You: You may cancel at any time. Notify Us in writing via email at [email protected], or via mail to Federal Warranty Service Corporation at P.O. Box 100, Rapid City, SD 57709. To avoid delays, You must include the original of this document, including the Benefits Summary Page. Cancellation shall be effective upon receipt of such written notice.
If Your beginning Coverage Date listed on the Benefits Summary Page is the same date that You purchased this Service Plan, You will receive a refund based on the following:
(1) If Your Service Plan and cancellation notice are received within thirty (30) days of the beginning Coverage Date listed on the Benefits Summary Page, You will be refunded the full amount paid to Us for this Service Plan, less any claims paid, where allowed by law. If You paid using a Monthly Payment option and a claim has been filed, You will not receive a refund.
(2) If Your Service Plan and cancellation notice are received more than thirty (30) days after the beginning Coverage Date listed on the Benefits Summary Page, You will be refunded a pro-rated amount of what You paid to Us for this Service Plan, less any claims paid and less an administrative fee of ten percent (10%) of the Service Plan Price or twenty five ($25), whichever is less, where allowed by law. If You paid using a Monthly Payment option, You will not receive a refund.
If Your beginning Coverage Date listed on the Benefits Summary Page starts after the date when You purchased this Service Plan, You will receive a refund based on the following:
(1) If Your Service Plan and cancellation notice are received within thirty (30) days of the Purchase Date of this Service Plan, You will be refunded the full amount paid to Us for this Service Plan, less any claims paid, where allowed by law. If You paid using a Monthly Payment option and a claim has been filed, You will not receive a refund.
(2) If Your Service Plan and cancellation notice are received more than thirty (30) days after the Purchase Date of this Service Plan but before the beginning Coverage Date listed on the Benefits Summary Page, You will be refunded the full Service Plan Price, less any claims paid and less an administrative fee of ten percent (10%) of the Service Plan Price or twenty five ($25), whichever is less, where allowed by law.
(3) If Your Service Plan and cancellation notice are received on or after the beginning Coverage Date listed on the Benefits Summary Page, You will be refunded a pro-rated amount of what You paid to Us for this Service Plan, less any claims paid and less an administrative fee of ten percent (10%) of the Service Plan Price or twenty five ($25), whichever is less, where allowed by law. If You paid using a Monthly Payment option, You will not receive a refund.
B. Cancellation by Us: We may cancel this Service Plan at any time in the event of fraud, nonpayment by You, material misrepresentation or breach of the Service Plan by You. If We cancel this Service Plan, You will be provided with a written notice 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. You will be refunded a pro-rated amount of what You have paid to Us for this Service Plan, less any claims paid, where allowed by law. For Partial Payment Service Plans, You will be refunded the difference between the pro-rata Service Plan Price and the amount due and not paid by You, less any claims paid, where allowed by law. For Monthly Payment Service Plans, Your coverage will continue through the last day covered by Your Monthly Payment and You will not receive any refund.
If this Service Plan was inadvertently sold to You on a Product, which was not intended to be covered by this Service Plan, We will cancel this Service Plan and return to You the full amount paid to Us by You for this Service Plan.
ARBITRATION PROVISION:
Read the following arbitration provision carefully. It limits certain of Your rights, including Your right to obtain relief or damages through court action.
To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless You and We agree, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND that this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the State Disclosure section of this Service Plan for any added requirements in Your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.
The following State Specific Requirements apply if Your Plan was purchased in one of the following states and supersede any other provision herein to the contrary:
CT, OR and UT only: The obligations under this Service Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed with Us, the written claim can be submitted to American Bankers Insurance Company of Florida at the following address: 11222 Quail Roost Drive, Miami, FL 33157, or call the toll-free number at 1-800-852-2244.
OR and UT: The Arbitration provision is deleted in its entirety. It is not applicable to You.
Arizona only: The obligations under this Service Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. Under EXCLUSIONS provision, item J is deleted and replaced with the following: J. Repair or replacement caused by defects that existed prior to this Service Plan purchase and known by You, except if such conditions were known or should reasonably have been known by Us or Our subcontractors; The CANCELLATION provision is amended as follows: No claim incurred or paid shall be deducted from any cancellation refund, regardless of who initiates the cancellation. We will not cancel or void this Service Plan due to acts or omissions of Us or Our subcontractors for failure to provide correct information or to perform the services or repairs provided in a timely, competent, workmanlike manner, pre-existing conditions that were known or should have reasonably been known by Us or Our subcontractors, prior use or unlawful acts relating to the Product or misrepresentation, acts or omissions by Us or Our subcontractors or program ineligibility. All reference to an administrative fee is deleted and replaced with an administrative fee of ten percent (10%) of the gross amount paid for Your Service Plan or twenty-five dollars ($25), whichever is less. The following is added to the ARBITRATION provision of Your Service Plan: Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. §20-1095.09, Unfair Trade Practices as outlined by the Department of Insurance and Financial Institutions. To learn more about this process, You may contact the Department of Insurance and Financial Institutions at 100 North 15th Avenue, Suite 261, Phoenix, AZ 85007-2630, Attn: Consumer Affairs. You may directly file any complaint with the D.I.F.I. against a Service Company issuing an approved Service Contract under the provisions of A.R.S. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Affairs Division of the D.I.F.I., toll free phone number 1-800-325-2548.
Connecticut only: You may cancel this Service Plan if You return the covered Product or if the covered Product is sold, lost, stolen, or destroyed. If the covered Product is in a repair facility at the time of contract expiration, the expiration date will automatically be extended until the repair is complete. The following is added to the ABRITRATION provision: RESOLUTION OF DISPUTES: If We are unable to resolve any disputes with You regarding this Service Plan, You may file a written complaint with the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 061242-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the item subject to the Service Plan, the cost of repair of the covered Product, and a copy of the Service Plan.
Utah only: Coverage afforded under this Service Plan is not guaranteed by the Property and Casualty Guaranty Association. This Service Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. The following is added to the WHAT IS COVERED provision: Genuine factory parts will be used whenever possible; however, at Our option, the use of non-original manufacturer, re-manufactured, or refurbished parts is allowed under this Service Plan. The following is added to the CANCELLATION provision: No cancellation of this Service Plan shall become effective, unless We provide You with notice of such cancellation at least 30 days prior to the effective date of cancellation and shall state the reason for cancellation. We may cancel for the following reasons: (a) nonpayment of Service Plan Price of the Service Plan; (b) material misrepresentation; (c) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Service Plan; or (d) substantial breach of contractual duties, conditions, or warranties.
