CONSUMER GOODS SERVICE CONTRACT
Terms and Conditions
SECTION 1 – DEFINITIONS
A.Administrator: The administrator under this Contract is Seel Warranty Services, Inc 5 Lucerne Street, #1, San Francisco, CA, 94103 and Toll-Free Number [XXX-XXX-XXXX]
B.Breakdown: Failure of the Covered Product to operate as intended under normal conditions due to a mechanical failure or electronic failure, or for coverage as described in Section 8. Business or Commercial Use: Products used for any purpose other than personal use.
C.Contract: The Registration Page combined with the Terms and Conditions comprise this Contract.
D.Term: The coverage period for this Contract, as indicated in Section 4 on the Registration Page, with coverage commencing on the (a) Product Purchase Date listed in Section 3 of the Registration Page (b) Contract Purchase Date listed in Section 4 of the registration page or (c) the date you receive the Contract if sent to you via mail or e-mail (if applicable). Please retain a copy of this Contract and the original receipt for the Covered Product as it is needed to obtain service.
E.Covered Product: The item covered under this Contract which is listed in Section 3 of the Registration Page and defined in Section 8.A (COVERED PRODUCTS)
F.Provider, Obligor, We, Us, Our: The company which is obligated to You under this Contract which is First Shield Consumer Service Corporation, 2345 Grand Blvd, Suite 900, Kansas City, Missouri 64108 and Toll-Free Number [XXX-XXX-XXXX]
G.You, Your, Contract Holder: The purchaser of this Contract listed in Section 1 of the Registration Page.
A.Administrator: The administrator under this Contract is Seel Warranty Services, Inc 5 Lucerne Street, #1, San Francisco, CA, 94103 and Toll-Free Number [XXX-XXX-XXXX]
B.Breakdown: Failure of the Covered Product to operate as intended under normal conditions due to a mechanical failure or electronic failure, or for coverage as described in Section 8. Business or Commercial Use: Products used for any purpose other than personal use.
C.Contract: The Registration Page combined with the Terms and Conditions comprise this Contract.
D.Term: The coverage period for this Contract, as indicated in Section 4 on the Registration Page, with coverage commencing on the (a) Product Purchase Date listed in Section 3 of the Registration Page (b) Contract Purchase Date listed in Section 4 of the registration page or (c) the date you receive the Contract if sent to you via mail or e-mail (if applicable). Please retain a copy of this Contract and the original receipt for the Covered Product as it is needed to obtain service.
E.Covered Product: The item covered under this Contract which is listed in Section 3 of the Registration Page and defined in Section 8.A (COVERED PRODUCTS)
F.Provider, Obligor, We, Us, Our: The company which is obligated to You under this Contract which is First Shield Consumer Service Corporation, 2345 Grand Blvd, Suite 900, Kansas City, Missouri 64108 and Toll-Free Number [XXX-XXX-XXXX]
G.You, Your, Contract Holder: The purchaser of this Contract listed in Section 1 of the Registration Page.
SECTION 2 – HOW THIS CONTRACT WORKS
This Contract will cover a Breakdown of the Covered Product(s) as cited in Section 8.A COVERED PRODUCTS. We will repair or replace the Covered Product, or at Our option reimburse the purchase price of Your Covered Product as shown in Section 3 of the registration page, with no deductible for service(s).
PRODUCTS COVERED BY A MANUFACTURER'S WARRANTY. Covered Products experiencing a Breakdown that are still covered under the manufacturer's warranty period or recall work, will be serviced by a manufacturer's authorized technician in accordance with the manufacturer's guidelines. This Contract is inclusive of and runs concurrently with the manufacturer's warranty, it does not replace it. This Contract provides benefits in addition to the manufacturer's warranty. IF THE TERM OF THIS CONTRACT OVERLAPS WITH THE TERM OF THE COVERED PRODUCT'S MANUFACTURER'S WARRANTY, LOOK FIRST TO YOUR COVERED PRODUCT'S MANUFACTURER'S WARRANTY FOR COVERAGE. THIS CONTRACT EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR COVERED PRODUCT'S MANUFACTURER'S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR PRODUCT'S MANUFACTURER'S WARRANTY
ELIGIBILITY FOR COVERAGE. If You did not purchase this Contract at the same time as the purchase of the Covered Product, this section applies to You. Prior to the sale of this Contract, We reserve the right to obtain product information from You in order to determine eligibility for coverage. To be eligible for coverage, the Product must be in proper operating condition at the start of coverage and the information regarding the purchase date of the Covered Product must be correct. Inaccurate information regarding the Product purchase date may result in the Product being ineligible for coverage. We reserve the right to inspect the Covered Product to determine eligibility for coverage.
This Contract will cover a Breakdown of the Covered Product(s) as cited in Section 8.A COVERED PRODUCTS. We will repair or replace the Covered Product, or at Our option reimburse the purchase price of Your Covered Product as shown in Section 3 of the registration page, with no deductible for service(s).
PRODUCTS COVERED BY A MANUFACTURER'S WARRANTY. Covered Products experiencing a Breakdown that are still covered under the manufacturer's warranty period or recall work, will be serviced by a manufacturer's authorized technician in accordance with the manufacturer's guidelines. This Contract is inclusive of and runs concurrently with the manufacturer's warranty, it does not replace it. This Contract provides benefits in addition to the manufacturer's warranty. IF THE TERM OF THIS CONTRACT OVERLAPS WITH THE TERM OF THE COVERED PRODUCT'S MANUFACTURER'S WARRANTY, LOOK FIRST TO YOUR COVERED PRODUCT'S MANUFACTURER'S WARRANTY FOR COVERAGE. THIS CONTRACT EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR COVERED PRODUCT'S MANUFACTURER'S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR PRODUCT'S MANUFACTURER'S WARRANTY
ELIGIBILITY FOR COVERAGE. If You did not purchase this Contract at the same time as the purchase of the Covered Product, this section applies to You. Prior to the sale of this Contract, We reserve the right to obtain product information from You in order to determine eligibility for coverage. To be eligible for coverage, the Product must be in proper operating condition at the start of coverage and the information regarding the purchase date of the Covered Product must be correct. Inaccurate information regarding the Product purchase date may result in the Product being ineligible for coverage. We reserve the right to inspect the Covered Product to determine eligibility for coverage.
SECTION 3 – WHAT IS COVERED
A.COVERED PRODUCTS. Consumer goods that are purchased concurrently with this Contract or consumer goods approved by the Administrator if this Contract was purchased after the original sale date of the consumer good(s).
B.COVERAGE FOR REPAIRS. We will directly pay on Your behalf, or reimburse You based on pre-approval by Us, the cost of parts and services that are needed to repair Your Covered Product due to a Breakdown. Replacement parts may be new or refurbished to meet the manufacturer's specifications of the Covered Product. Repair services will be performed by a qualified repair technician designated by Us.
C.COVERAGE FOR REPLACEMENT. We have the sole right to determine whether a Covered Product will be repaired or replaced with the same make/model or comparable product. If We determine that a Covered Product is not repairable due to unavailability of functional parts or technical information, We will replace the Covered Product with the same make/model up to the purchase price of Your Covered Product as shown in Section 4 of the registration page or, if that is not available, a comparable product. We will determine and authorize the comparable product if it will be the replacement product. In some cases replacements will be arranged through the manufacturer or a 3rd party authorized by the Administrator. You will have up to ninety (90) days from the date of authorization to complete the replacement process. The original Covered Product must be returned in order to receive Your replacement product (see section 9.A HOW TO FILE A CLAIM).
D.TECHNOLOGICAL ADVANCES AND REPLACEMENT PRODUCT AVAILABILITY MAY RESULT IN A REPLACEMENT PRODUCT WITH A LOWER SELLING PRICE THAN THE ORIGINAL PRODUCT (THE NON-REPAIRABLE COVERED PRODUCT). IN ALL CASES, PRODUCT COMPARABILITY FOR A REPLACMENT PRODUCT WILL BE DETERMINED BY US AT OUR SOLE DISCRETION.
E.ACCIDENTAL DAMAGE IN HANDLING ("ADH"). The Covered Product is protected against accidental damage in handling such as drops and liquid spills (spill damage is not inclusive of stains). Immersion of Your Covered Product is not covered under this Contract. ADH only covers operational or mechanical failure caused by a single incident while handling and does not include protection against theft, misplacement, digital 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 and any other limitations listed in Section 10. What is Not Covered. For the purpose of this Contract, Accidental Damage is defined as a single, unexpected, sudden and unintentional event and does not include accumulated damage from continual or multiple events.
F.POWER SURGE. Power surge damage is covered.
G.FOOD LOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS. During the Term of this Contract We will reimburse You for any food spoilage that is the result of a mechanical failure of the Covered Product. The mechanical failure must be verified by Us. You must file Your claim within fourteen (14) days from the date the loss was verified. To file Your claim, call [INSERT TOLL-FREE NUMBER]. The maximum allowance for each claim under this Contract for food loss is $250.00.
A.COVERED PRODUCTS. Consumer goods that are purchased concurrently with this Contract or consumer goods approved by the Administrator if this Contract was purchased after the original sale date of the consumer good(s).
B.COVERAGE FOR REPAIRS. We will directly pay on Your behalf, or reimburse You based on pre-approval by Us, the cost of parts and services that are needed to repair Your Covered Product due to a Breakdown. Replacement parts may be new or refurbished to meet the manufacturer's specifications of the Covered Product. Repair services will be performed by a qualified repair technician designated by Us.
C.COVERAGE FOR REPLACEMENT. We have the sole right to determine whether a Covered Product will be repaired or replaced with the same make/model or comparable product. If We determine that a Covered Product is not repairable due to unavailability of functional parts or technical information, We will replace the Covered Product with the same make/model up to the purchase price of Your Covered Product as shown in Section 4 of the registration page or, if that is not available, a comparable product. We will determine and authorize the comparable product if it will be the replacement product. In some cases replacements will be arranged through the manufacturer or a 3rd party authorized by the Administrator. You will have up to ninety (90) days from the date of authorization to complete the replacement process. The original Covered Product must be returned in order to receive Your replacement product (see section 9.A HOW TO FILE A CLAIM).
D.TECHNOLOGICAL ADVANCES AND REPLACEMENT PRODUCT AVAILABILITY MAY RESULT IN A REPLACEMENT PRODUCT WITH A LOWER SELLING PRICE THAN THE ORIGINAL PRODUCT (THE NON-REPAIRABLE COVERED PRODUCT). IN ALL CASES, PRODUCT COMPARABILITY FOR A REPLACMENT PRODUCT WILL BE DETERMINED BY US AT OUR SOLE DISCRETION.
E.ACCIDENTAL DAMAGE IN HANDLING ("ADH"). The Covered Product is protected against accidental damage in handling such as drops and liquid spills (spill damage is not inclusive of stains). Immersion of Your Covered Product is not covered under this Contract. ADH only covers operational or mechanical failure caused by a single incident while handling and does not include protection against theft, misplacement, digital 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 and any other limitations listed in Section 10. What is Not Covered. For the purpose of this Contract, Accidental Damage is defined as a single, unexpected, sudden and unintentional event and does not include accumulated damage from continual or multiple events.
F.POWER SURGE. Power surge damage is covered.
G.FOOD LOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS. During the Term of this Contract We will reimburse You for any food spoilage that is the result of a mechanical failure of the Covered Product. The mechanical failure must be verified by Us. You must file Your claim within fourteen (14) days from the date the loss was verified. To file Your claim, call [INSERT TOLL-FREE NUMBER]. The maximum allowance for each claim under this Contract for food loss is $250.00.
SECTION 4 – HOW TO FILE A CLAIM
A.TO OBTAIN SERVICE: Damage to the Covered Product must be reported within thirty (30) days of discovery to the Administrator. You can report Your claim by contacting the Administrator's customer service department at [XXX-XXX-XXXX]. You must have Your: (1) original receipt showing Your purchase of the Covered Product and this Contract; (2) the original copy of this Contract or the unique registration number printed on this Contract; (3) the original Covered Product purchase date or delivery date (if applicable) of the Covered Product; and (4) the discovery date of the damage. You shall reasonably cooperate with the Administrator in their efforts to perform Our obligations under this Contract. Failure to comply with the provisions in this Contract may void any claim.
B.If applicable, in-home service will be performed during normal business hours. If, due to the loss of the use of Your Covered Product, Your health or safety is endangered or if damage to or loss of Your property is threatened, We will make commercially reasonable efforts to expedite service. On some products, telephone support by a technician will be available and You may be asked to check some basic operational functions and be given possible solutions to get Your Covered Product back to working condition.
A.TO OBTAIN SERVICE: Damage to the Covered Product must be reported within thirty (30) days of discovery to the Administrator. You can report Your claim by contacting the Administrator's customer service department at [XXX-XXX-XXXX]. You must have Your: (1) original receipt showing Your purchase of the Covered Product and this Contract; (2) the original copy of this Contract or the unique registration number printed on this Contract; (3) the original Covered Product purchase date or delivery date (if applicable) of the Covered Product; and (4) the discovery date of the damage. You shall reasonably cooperate with the Administrator in their efforts to perform Our obligations under this Contract. Failure to comply with the provisions in this Contract may void any claim.
B.If applicable, in-home service will be performed during normal business hours. If, due to the loss of the use of Your Covered Product, Your health or safety is endangered or if damage to or loss of Your property is threatened, We will make commercially reasonable efforts to expedite service. On some products, telephone support by a technician will be available and You may be asked to check some basic operational functions and be given possible solutions to get Your Covered Product back to working condition.
SECTION 5 – WHAT IS NOT COVERED
This Contract does not cover:
A.ANY COVERED PRODUCT LOCATED OUTSIDE THE UNITED STATES (50 STATES AND THE DISTRICT OF COLUMBIA).
B.ACCESSORIES OR ATTACHMENTS.
C.REPLACEMENT OR REPAIR OF ANY COVERED PRODUCT WHICH IS DAMAGED OR MALFUNCTIONING DUE TO CAUSES BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO, REPLACEMENTS OR REPAIRS NECESSITATED BY OPERATOR OR OWNER NEGLIGENCE SUCH AS THE FAILURE TO MAINTAIN THE COVERED PRODUCT ACCORDING TO THE OWNER'S MANUAL INSTRUCTIONS, IMPROPER INSTALLATION, TELEVISION BURN-IN, ABUSE, MISUSE, VANDALISM, THEFT, MOLD, MILDEW, RUST OR CORROSION, ANIMAL OR INSECT INFESTATION, DAMAGE CAUSED BY LIGHTNING AND OTHER ACTS OF NATURE.
D.REPLACEMENT OF ANY COVERED PRODUCT FOR COVERED PRODUCT MISMATCH; COVERED PRODUCT UPGRADES; COMPONENTS OR ACCESSORIES SUCH AS BUT NOT LIMITED TO THERMOSTATS FOR ANY OF THE REASONS LISTED UNDER SUBSECTION C. ABOVE.
E.SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE COVERED PRODUCT OR EQUIPMENT.
F.REPAIRS MADE DURING THE CONTRACT TERM WHICH ARE NOT AUTHORIZED BY US.
G.REPAIRS MADE BY PARTIES NOT SPECIFICALLY AUTHORIZED BY US, SUCH AS, BUT NOT LIMITED TO, COVERED PRODUCTS THAT ARE IN A DISASSEMBLED STATE.
H.EXPENDABLE ITEMS, INCLUDING, BUT NOT LIMITED TO: ANY FILTERS, BULBS, FLUIDS (GASOLINE, OIL, ETC.), AND OTHER OPERATING SUPPLIES.
I.TELEPHONE, WATER, GAS, ELECTRICAL OR OTHER LINES, DRAINS, OR DUCTWORK CONNECTING TO THE COVERED PRODUCT OR EQUIPMENT.
J.UPGRADES TO YOUR COVERED PRODUCT, PERMITS OR ANY ADDITIONAL EXPENSE INCURRED IN ORDER TO COMPLY WITH LOCAL, STATE OR FEDERAL BUILDING CODES AND OTHER LAWS AND REGULATIONS.
K.ANY NONFUNCTIONAL REPAIRS, PARTS OR COSMETIC DEFECTS OF COVERED PRODUCTS PURCHASED AS "RECONDITIONED" OR "USED".
L.COVERED PRODUCTS USED FOR BUSINESS OR COMMERCIAL USE.
M.COVERED PRODUCTS WHICH HAVE A VOIDED OR INVALID MANUFACTURER'S WARRANTY.
N.NORMAL WEAR AND TEAR UNLESS TIED TO AN ELECTRICAL OR MECHANICAL BREAKDOWN.
O.ABNORMAL USAGE OF THE COVERED PRODUCT.
P.INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CAUSED BY THE FAILURE OF THE COVERED PRODUCT; AND ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT
This Contract does not cover:
A.ANY COVERED PRODUCT LOCATED OUTSIDE THE UNITED STATES (50 STATES AND THE DISTRICT OF COLUMBIA).
B.ACCESSORIES OR ATTACHMENTS.
C.REPLACEMENT OR REPAIR OF ANY COVERED PRODUCT WHICH IS DAMAGED OR MALFUNCTIONING DUE TO CAUSES BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO, REPLACEMENTS OR REPAIRS NECESSITATED BY OPERATOR OR OWNER NEGLIGENCE SUCH AS THE FAILURE TO MAINTAIN THE COVERED PRODUCT ACCORDING TO THE OWNER'S MANUAL INSTRUCTIONS, IMPROPER INSTALLATION, TELEVISION BURN-IN, ABUSE, MISUSE, VANDALISM, THEFT, MOLD, MILDEW, RUST OR CORROSION, ANIMAL OR INSECT INFESTATION, DAMAGE CAUSED BY LIGHTNING AND OTHER ACTS OF NATURE.
D.REPLACEMENT OF ANY COVERED PRODUCT FOR COVERED PRODUCT MISMATCH; COVERED PRODUCT UPGRADES; COMPONENTS OR ACCESSORIES SUCH AS BUT NOT LIMITED TO THERMOSTATS FOR ANY OF THE REASONS LISTED UNDER SUBSECTION C. ABOVE.
E.SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE COVERED PRODUCT OR EQUIPMENT.
F.REPAIRS MADE DURING THE CONTRACT TERM WHICH ARE NOT AUTHORIZED BY US.
G.REPAIRS MADE BY PARTIES NOT SPECIFICALLY AUTHORIZED BY US, SUCH AS, BUT NOT LIMITED TO, COVERED PRODUCTS THAT ARE IN A DISASSEMBLED STATE.
H.EXPENDABLE ITEMS, INCLUDING, BUT NOT LIMITED TO: ANY FILTERS, BULBS, FLUIDS (GASOLINE, OIL, ETC.), AND OTHER OPERATING SUPPLIES.
I.TELEPHONE, WATER, GAS, ELECTRICAL OR OTHER LINES, DRAINS, OR DUCTWORK CONNECTING TO THE COVERED PRODUCT OR EQUIPMENT.
J.UPGRADES TO YOUR COVERED PRODUCT, PERMITS OR ANY ADDITIONAL EXPENSE INCURRED IN ORDER TO COMPLY WITH LOCAL, STATE OR FEDERAL BUILDING CODES AND OTHER LAWS AND REGULATIONS.
K.ANY NONFUNCTIONAL REPAIRS, PARTS OR COSMETIC DEFECTS OF COVERED PRODUCTS PURCHASED AS "RECONDITIONED" OR "USED".
L.COVERED PRODUCTS USED FOR BUSINESS OR COMMERCIAL USE.
M.COVERED PRODUCTS WHICH HAVE A VOIDED OR INVALID MANUFACTURER'S WARRANTY.
N.NORMAL WEAR AND TEAR UNLESS TIED TO AN ELECTRICAL OR MECHANICAL BREAKDOWN.
O.ABNORMAL USAGE OF THE COVERED PRODUCT.
P.INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CAUSED BY THE FAILURE OF THE COVERED PRODUCT; AND ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT
SECTION 6 – CONTRACT CANCELLATION
You may cancel this Contract at any time for any reason by bringing this Contract back to the location where the Covered Product was purchased or by calling Us at [INSERT TOLL-FREE NUMBER] or by mailing written notice of cancellation to: First Shield Consumer Service Corporation at 2345 Grand Blvd., Suite 900, Kansas City, MO 64108. Conditions and rights regarding cancellations in the state where You purchased this Contract may be different from the conditions and rights set forth in this subsection. If so, a Special State Disclosure will appear in SECTION 16 – SPECIAL STATE DISCLOSURES for the state in which this Contract was sold and will amend this subsection.
A.You may cancel this Contract at any time subject to the following:
1) If You cancel this Contract within sixty (60) days from the date of purchase, and provided no claim has been made, We will pay a full refund of the Contract purchase price.
2) If You cancel this Contract after it has been in force for more than sixty (60) days, or if a claim has been authorized, then You will receive a prorated refund of the Contract purchase price based on the number of elapsed months, less the value of any claims paid or authorized less an administration fee, where permitted, of ten percent (10%) of the purchase price of this Contract or twenty-five dollars ($25), whichever is less.
3) For questions regarding cancellation or to initiate a cancellation request, please contact the Retailer/Seller listed in Section 2 of the Registration Page or the Administrator.
4) If You request cancellation of this Contract, the entire Contract will be cancelled and none of the benefits will be available to You (i.e. You cannot cancel coverages separately.)
B.We may cancel this Contract at any time subject to the following:
1) Nonpayment of the Contract purchase price;
2) Our discovery of fraud or material misrepresentation made by You or Your representative in obtaining this Contract or by You in pursuing a claim under this Contract;
3) If We determine that We cannot repair or replace Your Covered Product due to the causes listed in Section 9 (C) of this Contract;
4) If the Covered Product's model or serial number is altered, missing or illegible.
5) Notice of cancellation stating the specific reason(s) for cancellation will be sent to You at least ten (10) days prior to the effective date of cancellation. However, prior notice is not required if cancellation is due to nonpayment of the Contract purchase price or fraud or material misrepresentation made by You or Your representative in obtaining this Contract or by You in pursuing a claim under this Contract.
6) If We cancel this Contract within sixty (60) days of the date of Contract purchase, and no claim has been made, then We will pay a full refund of the Contract purchase price.
You may cancel this Contract at any time for any reason by bringing this Contract back to the location where the Covered Product was purchased or by calling Us at [INSERT TOLL-FREE NUMBER] or by mailing written notice of cancellation to: First Shield Consumer Service Corporation at 2345 Grand Blvd., Suite 900, Kansas City, MO 64108. Conditions and rights regarding cancellations in the state where You purchased this Contract may be different from the conditions and rights set forth in this subsection. If so, a Special State Disclosure will appear in SECTION 16 – SPECIAL STATE DISCLOSURES for the state in which this Contract was sold and will amend this subsection.
A.You may cancel this Contract at any time subject to the following:
1) If You cancel this Contract within sixty (60) days from the date of purchase, and provided no claim has been made, We will pay a full refund of the Contract purchase price.
2) If You cancel this Contract after it has been in force for more than sixty (60) days, or if a claim has been authorized, then You will receive a prorated refund of the Contract purchase price based on the number of elapsed months, less the value of any claims paid or authorized less an administration fee, where permitted, of ten percent (10%) of the purchase price of this Contract or twenty-five dollars ($25), whichever is less.
3) For questions regarding cancellation or to initiate a cancellation request, please contact the Retailer/Seller listed in Section 2 of the Registration Page or the Administrator.
4) If You request cancellation of this Contract, the entire Contract will be cancelled and none of the benefits will be available to You (i.e. You cannot cancel coverages separately.)
B.We may cancel this Contract at any time subject to the following:
1) Nonpayment of the Contract purchase price;
2) Our discovery of fraud or material misrepresentation made by You or Your representative in obtaining this Contract or by You in pursuing a claim under this Contract;
3) If We determine that We cannot repair or replace Your Covered Product due to the causes listed in Section 9 (C) of this Contract;
4) If the Covered Product's model or serial number is altered, missing or illegible.
5) Notice of cancellation stating the specific reason(s) for cancellation will be sent to You at least ten (10) days prior to the effective date of cancellation. However, prior notice is not required if cancellation is due to nonpayment of the Contract purchase price or fraud or material misrepresentation made by You or Your representative in obtaining this Contract or by You in pursuing a claim under this Contract.
6) If We cancel this Contract within sixty (60) days of the date of Contract purchase, and no claim has been made, then We will pay a full refund of the Contract purchase price.
SECTION 7 – CONTRACT TRANSFER AND RENEWAL
This Contract is not renewable or transferable and does not supersede any applicable manufacturer's warranty. You are the only person eligible for coverage under this Contract.
This Contract is not renewable or transferable and does not supersede any applicable manufacturer's warranty. You are the only person eligible for coverage under this Contract.
SECTION 8 – LIMIT OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW OR IS PROVIDED IN SECTION 8, WE AND OUR AGENTS, CONTRACTORS OR LICENSEES ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF COVERED PRODUCT OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF THE COVERED PRODUCT, DELAYS IN REPAIR OR REPLACEMENT, AVAILABILITY OF PRODUCTS INCLUDING PARTS OR THE INABILITY TO REPAIR OR REPLACE ANY COVERED PRODUCT. UNDER NO CIRCUMSTANCES WILL THE OBLIGATIONS UNDER THIS CONTRACT EXCEED THE PURCHASE PRICE PAID FOR THE COVERED PRODUCT.
Our cost and liability to provide service, repair or replacement under this Contract is limited to the lesser of the cost of authorized repairs or replacement of the Covered Product with a product of equal or similar features and functionality. In no event will the Our total liability for all repairs or replacement exceed the lesser of the original purchase price of the Covered Product, excluding tax and delivery costs (or) $10,000.
EXCEPT AS OTHERWISE REQUIRED BY LAW OR IS PROVIDED IN SECTION 8, WE AND OUR AGENTS, CONTRACTORS OR LICENSEES ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF COVERED PRODUCT OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF THE COVERED PRODUCT, DELAYS IN REPAIR OR REPLACEMENT, AVAILABILITY OF PRODUCTS INCLUDING PARTS OR THE INABILITY TO REPAIR OR REPLACE ANY COVERED PRODUCT. UNDER NO CIRCUMSTANCES WILL THE OBLIGATIONS UNDER THIS CONTRACT EXCEED THE PURCHASE PRICE PAID FOR THE COVERED PRODUCT.
Our cost and liability to provide service, repair or replacement under this Contract is limited to the lesser of the cost of authorized repairs or replacement of the Covered Product with a product of equal or similar features and functionality. In no event will the Our total liability for all repairs or replacement exceed the lesser of the original purchase price of the Covered Product, excluding tax and delivery costs (or) $10,000.
SECTION 9 – INSURANCE
This Contract is not an insurance policy. Our obligations under this Contract are insured under a contractual liability insurance policy. If We do not pay, do not provide a service claimed, do not make any refund or if We become insolvent or otherwise financially impaired, within sixty (60) days after proof of loss has been filed, You shall be entitled to file a claim directly with the insurer of the policy. The reimbursement insurance policy is issued by Arch Insurance Company, 2345 Grand Blvd, Suite 900, Kansas City, MO 64108 and toll-free number: [(800) 821-5546.]
This Contract is not an insurance policy. Our obligations under this Contract are insured under a contractual liability insurance policy. If We do not pay, do not provide a service claimed, do not make any refund or if We become insolvent or otherwise financially impaired, within sixty (60) days after proof of loss has been filed, You shall be entitled to file a claim directly with the insurer of the policy. The reimbursement insurance policy is issued by Arch Insurance Company, 2345 Grand Blvd, Suite 900, Kansas City, MO 64108 and toll-free number: [(800) 821-5546.]
SECTION 10 – ARBITRATION
Please read this arbitration provision carefully. It affects Your rights.
Most of your concerns about this Contract can be addressed by contacting Us at [XXX-XXX-XXXX]. If We cannot resolve any disputes with You related to the Contract, including claims, You and We agree to resolve those disputes through binding arbitration or small claims court instead of through courts of general jurisdiction. Further, You and We agree to waive our rights to a trial by jury and to not participate in any class arbitrations or class actions. This Contract is evidence of a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the enforcement of any arbitration hereunder. The provisions of this ARBITRATION section shall survive the termination of this Contract. Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. Any and all claims, disputes, or controversies of any nature whatsoever or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with (1) this Contract or any prior agreement or product, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this provision or of the entire Contract ("Claim"), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association ("AAA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA;s Rules by calling [1-800-778-7879]. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusion of law. The arbitration shall be held at a location selected by Us with the state in which You purchased this Contract. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 I.S.C § et. Seq. If any portion of this provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision, except that in no event shall this Provision be modified or construed to permit or mandate arbitration on behalf of a class of claimants or individuals other than You, or to apply to Claims other than Yours. This Provision shall inure to the benefit of and be binding on You and Us and its Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Contract.
YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
FRAUD RESULTS IN HIGHER COSTS TO THE CONSUMER AND IS ILLEGAL.
Please read this arbitration provision carefully. It affects Your rights.
Most of your concerns about this Contract can be addressed by contacting Us at [XXX-XXX-XXXX]. If We cannot resolve any disputes with You related to the Contract, including claims, You and We agree to resolve those disputes through binding arbitration or small claims court instead of through courts of general jurisdiction. Further, You and We agree to waive our rights to a trial by jury and to not participate in any class arbitrations or class actions. This Contract is evidence of a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the enforcement of any arbitration hereunder. The provisions of this ARBITRATION section shall survive the termination of this Contract. Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. Any and all claims, disputes, or controversies of any nature whatsoever or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with (1) this Contract or any prior agreement or product, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this provision or of the entire Contract ("Claim"), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association ("AAA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA;s Rules by calling [1-800-778-7879]. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusion of law. The arbitration shall be held at a location selected by Us with the state in which You purchased this Contract. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 I.S.C § et. Seq. If any portion of this provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision, except that in no event shall this Provision be modified or construed to permit or mandate arbitration on behalf of a class of claimants or individuals other than You, or to apply to Claims other than Yours. This Provision shall inure to the benefit of and be binding on You and Us and its Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Contract.
YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
FRAUD RESULTS IN HIGHER COSTS TO THE CONSUMER AND IS ILLEGAL.
SECTION 11 – ENTIRE AGREEMENT
THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND NO REPRESENTATION, PROMISE OR CONDITION NOT CONTAINED HEREIN SHALL MODIFY THESE TERMS.
THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND NO REPRESENTATION, PROMISE OR CONDITION NOT CONTAINED HEREIN SHALL MODIFY THESE TERMS.
SECTION 12 – STATE SPECIFIC DISCLOSURES
Regulation of consumer service contracts may vary widely from state to state. Any provision within this Contract, which conflicts with the laws of the state where You reside, shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Contract was purchased in one of the following states and supersede any other provision, terms or conditions in Your Contract to the contrary.
ALABAMA only: Our obligations under this Contract are guaranteed under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. These provisions apply only to the original purchaser of the Contract. In the event the Provider/Obligor cancels the Contract, the Provider/Obligor will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Contract fee or a material misrepresentation by You relating to the covered property or its use.
ARIZONA only: You have a duty to protect against any further damage to the Covered Product after the Covered Product has been damaged and shall follow any requirement to follow the owner's manual of the Covered Product.
Cancellation: If Your written notice of cancellation is received prior to the expiration date, We will provide a pro rata refund after deducting for administrative expenses associated with the cancellation, regardless of prior services rendered against the Contract. No claim incurred or paid shall be deducted from the amount of the refund. The cancellation provision shall not contain both a cancellation fee and a cancellation penalty. The administrative expenses may not exceed ten percent of the gross amount paid by You for the Contract. To arrange for cancellation of this Contract, please contact Your Retailer. First Shield Consumer Service Corporation is the Provider/Obligor for this Contract in Arizona.
Dispute Resolution: Both parties must agree to arbitration. Additionally, as an Arizona resident you may follow the process to resolve complaints under the provisions of A.R.S. §§20-1095.09 and 20-461, Unfair Trade Practices, as outlined by the Arizona Department of Insurance and Financial Institutions. You have a right to file a complaint with the Department of Insurance and Financial Institutions against Us by contacting the Department of Insurance and Financial Institutions at [800-325-2548] or difi.az.gov/complaint.
Our obligations under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
ARKANSAS only: We shall mail a written notice of cancellation to You within fifteen (15) days of the date of termination in the event We terminate this Contract.
CALIFORNIA only: With respect to California Contract holders, the Administrator under the Contract is First Shield Consumer Service Corporation. The Provider/Obligor under the Contract is First Shield Consumer Service Corporation. This Contract may be cancelled by You for any reason, including, but not limited to, the Covered Product covered under this Contract being sold, lost, stolen or destroyed. If You decide to cancel the Contract, and a cancellation notice is received by the Retailer within 60 days of the date You received the Contract, and You have made no claims against the Contract, You will be refunded the full Contract price, less any claims; or if the Contract is cancelled by written notice after 60 days from the date You received the Contract, You will be refunded a pro-rated amount of the Contract price, less any claims paid or less an administrative fee of 10% of the Contract price or $25, whichever is less, unless otherwise precluded by law. To arrange for cancellation of this Contract, please contact Your Retailer.
CONNECTICUT only: The term of this Contract is automatically extended by the length of time in which the Covered Product is in the Provider/Obligor's custody for repair under the Contract. In the event of a dispute with the Provider/Obligor, You may contact the State of Connecticut Insurance Department: P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Covered Product, the cost of repair of the Covered Product, and a copy of this Contract.
FLORIDA only: If You cancel this Contract by written notice after 60 days from the date You received the Contract, You will receive a refund equal to 90% of the unearned pro rata purchase price of the Contract, less any claims that have been paid or less the cost of repairs made on Your behalf. To arrange for cancellation of this Contract, please contact Your Retailer. If We cancel this Contract, You will receive one hundred percent (100%) of the unearned pro rata purchase price of the Contract, less any claims paid or the cost of repairs made on Your behalf. The rates charged for the Contract are not subject to regulation by the Florida Office of Insurance Regulation.
GEORGIA only: Arbitration: If You are a resident of Georgia, Section 15 Arbitration does not apply to you. We may cancel the Contract upon thirty (30) days written notice to You for fraud, material misrepresentation, or nonpayment. Such notice shall provide the reason for cancellation and the effective date of such cancellation, and You shall be refunded 100% of the unearned pro rata purchase price, less claims paid. A reasonable cancellation fee may be charged by Us not to exceed 10% of the unearned pro rata purchase price. You may cancel this Contract at any time by notifying the Retailer in writing or by surrendering the Contract to the Retailer. If You cancel the Contract within 60 days of the purchase date of the Contract You will receive a full refund less any claims paid. A 10% penalty per month shall be added to a refund that is not paid or credited to You within 45 days after the return of the Contract. If You cancel the Contract more than 60 days after the purchase date You will receive a refund of 100% of the unearned pro rata purchase price, less claims paid. A reasonable cancellation fee may be charged by Us not to exceed 10% of the unearned pro rata purchase price.
All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Retailer.
Procedures for cancellation of the Contract will comply with section 33-24-44 of the Georgia code. Administrator may cancel the Contract upon thirty (30) days written notice to You.
HAWAII only: To arrange for cancellation of this Contract, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of the Contract to the Retailer. These provisions apply only to the original purchaser of the Contract. In the event the Provider/Obligor cancels the Contract, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation by You relating to the Covered Product or its use, or a substantial breach of Your duties relating to the Covered Product or its use. Our obligations under this Contract are insured under a service contract contractual liability policy issued by Arch Insurance Company, 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
ILLINOIS only: First Shield Consumer Service Corporation (and not the dealer or manufacturer) is the Provider/Obligor under this Contract in the State of Illinois. The Provider/Obligor will pay the cost of covered parts and labor necessary to restore the Covered Product to normal condition as a result of covered failure due to normal wear and tear. You may cancel this Contract at any time. If You cancel this Contract within the first sixty (60) days of purchase and if no service has been provided to You, You shall receive a full refund of the purchase price less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). If You cancel this Contract at any other time or if You cancel after service has been provided to You, You shall receive a refund equal to the pro rata purchase price less the value of any service received and less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). To arrange for cancellation of this Contract, please contact Your Retailer.
INDIANA only: This Contract is not insurance and is not subject to Indiana insurance law.
MAINE only: If the covered Product requires emergency repairs outside of normal business hours, You can submit your claim by calling toll-free at [___]___]
MARYLAND only: If You cancel this Contract within sixty (60) days, and a claim has not been made under the Contract prior to its cancellation, the Contract is void and We shall refund to You in the full consideration paid for this Contract within 45 days after the cancellation.
MASSACHUSETTS only: You have the duty to protect against any further damage after the covered Product has been damaged and shall follow the requirements contained in the owner's manual for the Product. Our obligations under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
MINNESOTA only: You have the duty to protect against any further damage to the covered Product after the Product has been damaged and shall follow the requirements contained in the owner's manual for the Product. Our obligations under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
MISSOURI only: Obligations of the provider under this service contract are guaranteed under a reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the insurance company. If You made no claim under the Contract, the Contract is void and the full purchase price will be refunded to You or credited to Your account. To arrange for cancellation of this Contract, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of the Contract to the Retailer. The following sentence is added as the last sentence of Section 9.B: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Contract provisions.
MONTANA only: Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.
NEVADA only: To arrange for cancellation of this Contract, please contact Your Retailer. If you arrange for cancellation within 60 days of the effective date of the Contract, We will refund to You the purchase price of this Contract within 45 days after it has been returned to Us. If We do not refund the purchase price within 45 days, We will pay You a penalty of 10 percent (10%) of the purchase price for each 30-day period that the refund remains unpaid. You may also cancel this Contract at any other time and receive a refund equal to the pro rata purchase price. These provisions apply only to the original purchaser of the Contract.
We may not cancel this Contract once it has been in effect for at least seventy (70) days, except for the following conditions:
(a)Failure by You to pay the Contract purchase price;
(b)Your conviction of a crime which results in an increase in the service required under the Contract;
(c)Discovery of fraud or material misrepresentation perpetrated by You in purchasing this contact or obtaining service;
(d)The discovery of an act or omission, or a violation of any condition of this Contract by You which substantially and materially increases the service requested under the Contract; or
(e)A material change in the nature or extent of the service required under the Contract, which occurs after the purchase of this Contract, and substantially and materially increases the service required beyond that contemplated at the time of purchase.
If We cancel this Contract for any of the above reasons, You will receive a refund equal to the pro rata purchase price. With respect to each Covered Product covered under the Contract, the Administrator and/or Provider/Obligor liability is limited to the original retail purchase price You paid for such Covered Product. We may not cancel the Contract until at least fifteen (15) days after the notice of cancellation has been mailed to You. The obligations under the Contract are guaranteed by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
NEW HAMPSHIRE only: In the event You do not receive satisfaction under this Contract, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301, 1 [(800) 852-3416]. The obligations under this Contract are insured by a contractual liability policy issued by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. In the event any covered service is not paid within sixty (60) days after proof of loss has been filed or the Provider/Obligor ceases to do business or goes bankrupt, You may file Your claim directly with Arch Insurance Company.
NEW JERSEY only: Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.
NEW MEXICO only: To arrange for cancellation of this Contract, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten (10%) percent per month on a refund that is not made within sixty (60) days of the return of the Contract. These provisions apply only to the original purchaser of the Contract. We may not cancel this Contract once it has been in effect for seventy (70) days except for the following conditions:
(a)Failure to pay an amount when due;
(b)Your conviction of a crime that results in an increase in the service required under the Contract;
(c)Fraud or material misrepresentation by You in obtaining the Contract or in presenting a claim for service thereunder; or
(d)Discovery of an act or omission or a violation of any condition of the Contract by You, which substantially and materially increases the service required under the Contract
If We cancel this Contract, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required, if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation, or a substantial breach of duties by You relating to the Covered Product or its use.
NEW YORK only: The obligations of the Provider/Obligor under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company. If the Provider/Obligor fails to perform under this Contract, including failure to return any unearned fee in the event of cancellation, Arch Insurance Company will pay all sums the Provider/Obligor is legally obligated to pay under this Contract or perform any service the Provider/Obligor is legally obligated to perform under this Contract. If You made no claim, this Contract is void and the full purchase price will be refunded to You. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of the Contract. These provisions apply only to the original purchaser of the Contract. In the event We cancel the Contract, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. A written notice is not required, if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation, or a substantial breach of duties by You relating to the Covered Product or its use. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed, the claim can be submitted to Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, 1 [(800)-821-5546].
NORTH CAROLINA only: The purchase of this Contract is not required in order to obtain financing. We may not cancel this Contract except for nonpayment by You or for violation of any of the terms and conditions of the Contract. If You cancel this Contract sixty (60) days or more after this Contract's effective date, You will receive a pro-rata refund, less the cost of any claims paid and less a cancellation fee of ten percent (10%) of the amount of the refund. To arrange for cancellation of this Contract, please contact Your Retailer.
OKLAHOMA only: Obligations of the Provider under this Contract are insured under a service contract reimbursement insurance policy. The Provider/Obligor under this Contract is First Shield Consumer Service Corporation (License # 510067482). In the event You cancel this Contract sixty (60) days or more after this Contract's effective date, You shall receive a refund equal to ninety percent (90%) of the unearned pro-rata purchase price less the cost of any service received. To arrange for cancellation of this Contract, please contact Your Retailer. In the event We cancel this Contract, You shall receive a refund equal to one hundred percent (100%) of the unearned pro-rata purchase price, less the cost of any service received. This is not an insurance contract. Coverage afforded under this Contract is not guaranteed by the Oklahoma Insurance Guaranty Association.
SOUTH CAROLINA only: In order to prevent damage to the Covered Product, please refer to the owner's manual. This Contract does not cover repair and replacement necessitated by loss or damage resulting from 1) any cause other than normal use and operation of the Product in accordance with manufacturer's specifications and/or owner's manual or 2) failure to use reasonable means to protect Your Covered Product from further damage after a failure occurs. If You made no claim, this Contract is void and the full purchase price will be refunded to You. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten percent (10%) per month on a refund that is not made within forty-five (45) days of return of the Contract. These provisions apply only to the original purchaser of the Contract. In the event We cancel the Contract, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered Covered Product or its use. In the event of a dispute with the provider of this contract, you may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201 or by phone at (800) 768-3467.
TEXAS only: If You made no claim, this Contract is void and the full purchase price will be refunded to You. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten (10) percent of the amount outstanding per month on a refund that is not made within forty-five (45) days. These provisions apply only to the original purchaser of the Contract. In the event We cancel the Contract, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation by You relating to the covered Covered Product or its use, or a substantial breach of Your duties relating to the covered Covered Product or its use. Obligations of the Provider under the Contract are insured under a service contract reimbursement policy. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy. In the event We do not pay out a claim, You may apply for reimbursement directly to the insurer if a covered claim is not provided to You by the Us before the 61st day after the date the You provide a proof of loss.
UTAH only: The language in the CANCELLATION section regarding Our rights to cancel this Contract is deleted and replaced with: We may cancel this Contract by providing You with thirty (30) days written notice for the following reasons only: material misrepresentation, substantial change in the risk assumed or substantial breaches of contractual duties. We may cancel this Contract by providing You with ten (10) days written notice, if the reason for cancellation is non-payment by You. The following sentence is added as the last sentence of the WHAT TO DO IF YOU REQUIRE SERVICE section: If it is an emergency situation and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Contract provisions. All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Retailer. The following sentences are added to the end of the DISPUTE RESOLUTION section: Any matter in dispute between You and Us may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from Us. Any decision reached by arbitration shall be binding upon both you and Us. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgement in any court of proper jurisdiction. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. Should the provider fail to pay or provide service on any claim within 60 days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the Insurance Company. Coverage afforded under this Contract is not guaranteed by the Property and Casualty Guaranty Association. This Service Contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this contract is not guaranteed by the Property and Casualty Guaranty Association.
VERMONT only: To arrange for cancellation of this Contract, please contact Your Retailer. Our obligations under this Contract are supported by a contractual liability insurance policy issued by Arch Insurance Company. In the event that We are unable to perform under the Contract, Arch Insurance Company, which shall pay on Our behalf any sums We are legally obligated to pay and shall provide the service, which We are legally obligated to perform according to Our contractual obligations under the Contract.
VIRGINIA only: If any promise made in the Contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint. You are hereby notified that the purchase of the contract is not mandatory and may be waived.
WASHINGTON only: We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of the Contract. The "Guarantee" provision of these Terms and Conditions as set forth above is deleted in its entirety and replaced with the following: This is not an insurance policy. Obligations of the service contract provider under this service contract are insured under a service contract reimbursement insurance policy. The provider is First Shield Consumer Service Corporation, located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. You may contact them toll-free at [877-861-2176].
WISCONSIN only: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Arbitration: If You are a resident of Wisconsin, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, or if the Provider becomes insolvent or otherwise financially impaired, the claim can be submitted to Arch Insurance Company, who insures Our obligations under this Contract, located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, [(800)-821-5546. If You made no claim, this Contract is void and the full purchase price will be refunded to You or credited to Your account. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten (10) percent per month on a refund that is not paid or credited within forty-five (45) days after return of the Contract to Us. These provisions apply only to the original purchaser of the Contract. In the event that You experience a total loss of the Covered Product covered by this Contract that is not covered by a replacement of the Covered Product pursuant to the terms of the Contract, You shall be entitled to cancel this Contract and receive a pro rata refund of any unearned Contract fee, less any claims paid. Lack of pre-authorization shall not be the sole grounds for a claim denial; however, unauthorized repairs may not be covered if evaluated to have been at an unreasonable expense. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.
WYOMING only: If You made no claim, this Contract is void and the full purchase price will be refunded to You. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten (10) percent on a refund that is not paid or credited within forty-five (45) days after return of the Contract to Us. These provisions apply only to the original purchaser of the Contract. In the event We cancel this Contract, We will mail a written notice to You at Your last known address at least ten (10) days prior to cancellation, which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required, if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation by You relating to the covered Covered Product or its use, or a substantial breach of Your duties relating to the covered Covered Product or its use. Obligations under this Contract are insured by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. In the event covered service is not provided by Us within sixty (60) days of You submitting proof, You are entitled to apply directly to the reimbursement insurance company.
Regulation of consumer service contracts may vary widely from state to state. Any provision within this Contract, which conflicts with the laws of the state where You reside, shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Contract was purchased in one of the following states and supersede any other provision, terms or conditions in Your Contract to the contrary.
ALABAMA only: Our obligations under this Contract are guaranteed under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. These provisions apply only to the original purchaser of the Contract. In the event the Provider/Obligor cancels the Contract, the Provider/Obligor will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Contract fee or a material misrepresentation by You relating to the covered property or its use.
ARIZONA only: You have a duty to protect against any further damage to the Covered Product after the Covered Product has been damaged and shall follow any requirement to follow the owner's manual of the Covered Product.
Cancellation: If Your written notice of cancellation is received prior to the expiration date, We will provide a pro rata refund after deducting for administrative expenses associated with the cancellation, regardless of prior services rendered against the Contract. No claim incurred or paid shall be deducted from the amount of the refund. The cancellation provision shall not contain both a cancellation fee and a cancellation penalty. The administrative expenses may not exceed ten percent of the gross amount paid by You for the Contract. To arrange for cancellation of this Contract, please contact Your Retailer. First Shield Consumer Service Corporation is the Provider/Obligor for this Contract in Arizona.
Dispute Resolution: Both parties must agree to arbitration. Additionally, as an Arizona resident you may follow the process to resolve complaints under the provisions of A.R.S. §§20-1095.09 and 20-461, Unfair Trade Practices, as outlined by the Arizona Department of Insurance and Financial Institutions. You have a right to file a complaint with the Department of Insurance and Financial Institutions against Us by contacting the Department of Insurance and Financial Institutions at [800-325-2548] or difi.az.gov/complaint.
Our obligations under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
ARKANSAS only: We shall mail a written notice of cancellation to You within fifteen (15) days of the date of termination in the event We terminate this Contract.
CALIFORNIA only: With respect to California Contract holders, the Administrator under the Contract is First Shield Consumer Service Corporation. The Provider/Obligor under the Contract is First Shield Consumer Service Corporation. This Contract may be cancelled by You for any reason, including, but not limited to, the Covered Product covered under this Contract being sold, lost, stolen or destroyed. If You decide to cancel the Contract, and a cancellation notice is received by the Retailer within 60 days of the date You received the Contract, and You have made no claims against the Contract, You will be refunded the full Contract price, less any claims; or if the Contract is cancelled by written notice after 60 days from the date You received the Contract, You will be refunded a pro-rated amount of the Contract price, less any claims paid or less an administrative fee of 10% of the Contract price or $25, whichever is less, unless otherwise precluded by law. To arrange for cancellation of this Contract, please contact Your Retailer.
CONNECTICUT only: The term of this Contract is automatically extended by the length of time in which the Covered Product is in the Provider/Obligor's custody for repair under the Contract. In the event of a dispute with the Provider/Obligor, You may contact the State of Connecticut Insurance Department: P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Covered Product, the cost of repair of the Covered Product, and a copy of this Contract.
FLORIDA only: If You cancel this Contract by written notice after 60 days from the date You received the Contract, You will receive a refund equal to 90% of the unearned pro rata purchase price of the Contract, less any claims that have been paid or less the cost of repairs made on Your behalf. To arrange for cancellation of this Contract, please contact Your Retailer. If We cancel this Contract, You will receive one hundred percent (100%) of the unearned pro rata purchase price of the Contract, less any claims paid or the cost of repairs made on Your behalf. The rates charged for the Contract are not subject to regulation by the Florida Office of Insurance Regulation.
GEORGIA only: Arbitration: If You are a resident of Georgia, Section 15 Arbitration does not apply to you. We may cancel the Contract upon thirty (30) days written notice to You for fraud, material misrepresentation, or nonpayment. Such notice shall provide the reason for cancellation and the effective date of such cancellation, and You shall be refunded 100% of the unearned pro rata purchase price, less claims paid. A reasonable cancellation fee may be charged by Us not to exceed 10% of the unearned pro rata purchase price. You may cancel this Contract at any time by notifying the Retailer in writing or by surrendering the Contract to the Retailer. If You cancel the Contract within 60 days of the purchase date of the Contract You will receive a full refund less any claims paid. A 10% penalty per month shall be added to a refund that is not paid or credited to You within 45 days after the return of the Contract. If You cancel the Contract more than 60 days after the purchase date You will receive a refund of 100% of the unearned pro rata purchase price, less claims paid. A reasonable cancellation fee may be charged by Us not to exceed 10% of the unearned pro rata purchase price.
All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Retailer.
Procedures for cancellation of the Contract will comply with section 33-24-44 of the Georgia code. Administrator may cancel the Contract upon thirty (30) days written notice to You.
HAWAII only: To arrange for cancellation of this Contract, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of the Contract to the Retailer. These provisions apply only to the original purchaser of the Contract. In the event the Provider/Obligor cancels the Contract, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation by You relating to the Covered Product or its use, or a substantial breach of Your duties relating to the Covered Product or its use. Our obligations under this Contract are insured under a service contract contractual liability policy issued by Arch Insurance Company, 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
ILLINOIS only: First Shield Consumer Service Corporation (and not the dealer or manufacturer) is the Provider/Obligor under this Contract in the State of Illinois. The Provider/Obligor will pay the cost of covered parts and labor necessary to restore the Covered Product to normal condition as a result of covered failure due to normal wear and tear. You may cancel this Contract at any time. If You cancel this Contract within the first sixty (60) days of purchase and if no service has been provided to You, You shall receive a full refund of the purchase price less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). If You cancel this Contract at any other time or if You cancel after service has been provided to You, You shall receive a refund equal to the pro rata purchase price less the value of any service received and less a cancellation fee equal to the lesser of ten percent (10%) of the purchase price or fifty dollars ($50.00). To arrange for cancellation of this Contract, please contact Your Retailer.
INDIANA only: This Contract is not insurance and is not subject to Indiana insurance law.
MAINE only: If the covered Product requires emergency repairs outside of normal business hours, You can submit your claim by calling toll-free at [___]___]
MARYLAND only: If You cancel this Contract within sixty (60) days, and a claim has not been made under the Contract prior to its cancellation, the Contract is void and We shall refund to You in the full consideration paid for this Contract within 45 days after the cancellation.
MASSACHUSETTS only: You have the duty to protect against any further damage after the covered Product has been damaged and shall follow the requirements contained in the owner's manual for the Product. Our obligations under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
MINNESOTA only: You have the duty to protect against any further damage to the covered Product after the Product has been damaged and shall follow the requirements contained in the owner's manual for the Product. Our obligations under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company, at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
MISSOURI only: Obligations of the provider under this service contract are guaranteed under a reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the insurance company. If You made no claim under the Contract, the Contract is void and the full purchase price will be refunded to You or credited to Your account. To arrange for cancellation of this Contract, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten percent (10%) on a refund that is not paid or credited within forty-five (45) days after return of the Contract to the Retailer. The following sentence is added as the last sentence of Section 9.B: If it is an emergency and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Contract provisions.
MONTANA only: Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.
NEVADA only: To arrange for cancellation of this Contract, please contact Your Retailer. If you arrange for cancellation within 60 days of the effective date of the Contract, We will refund to You the purchase price of this Contract within 45 days after it has been returned to Us. If We do not refund the purchase price within 45 days, We will pay You a penalty of 10 percent (10%) of the purchase price for each 30-day period that the refund remains unpaid. You may also cancel this Contract at any other time and receive a refund equal to the pro rata purchase price. These provisions apply only to the original purchaser of the Contract.
We may not cancel this Contract once it has been in effect for at least seventy (70) days, except for the following conditions:
(a)Failure by You to pay the Contract purchase price;
(b)Your conviction of a crime which results in an increase in the service required under the Contract;
(c)Discovery of fraud or material misrepresentation perpetrated by You in purchasing this contact or obtaining service;
(d)The discovery of an act or omission, or a violation of any condition of this Contract by You which substantially and materially increases the service requested under the Contract; or
(e)A material change in the nature or extent of the service required under the Contract, which occurs after the purchase of this Contract, and substantially and materially increases the service required beyond that contemplated at the time of purchase.
If We cancel this Contract for any of the above reasons, You will receive a refund equal to the pro rata purchase price. With respect to each Covered Product covered under the Contract, the Administrator and/or Provider/Obligor liability is limited to the original retail purchase price You paid for such Covered Product. We may not cancel the Contract until at least fifteen (15) days after the notice of cancellation has been mailed to You. The obligations under the Contract are guaranteed by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108.
NEW HAMPSHIRE only: In the event You do not receive satisfaction under this Contract, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301, 1 [(800) 852-3416]. The obligations under this Contract are insured by a contractual liability policy issued by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. In the event any covered service is not paid within sixty (60) days after proof of loss has been filed or the Provider/Obligor ceases to do business or goes bankrupt, You may file Your claim directly with Arch Insurance Company.
NEW JERSEY only: Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.
NEW MEXICO only: To arrange for cancellation of this Contract, please contact Your Retailer. The Provider/Obligor will pay a penalty of ten (10%) percent per month on a refund that is not made within sixty (60) days of the return of the Contract. These provisions apply only to the original purchaser of the Contract. We may not cancel this Contract once it has been in effect for seventy (70) days except for the following conditions:
(a)Failure to pay an amount when due;
(b)Your conviction of a crime that results in an increase in the service required under the Contract;
(c)Fraud or material misrepresentation by You in obtaining the Contract or in presenting a claim for service thereunder; or
(d)Discovery of an act or omission or a violation of any condition of the Contract by You, which substantially and materially increases the service required under the Contract
If We cancel this Contract, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required, if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation, or a substantial breach of duties by You relating to the Covered Product or its use.
NEW YORK only: The obligations of the Provider/Obligor under this Contract are insured under a service contract reimbursement insurance policy issued by Arch Insurance Company. If the Provider/Obligor fails to perform under this Contract, including failure to return any unearned fee in the event of cancellation, Arch Insurance Company will pay all sums the Provider/Obligor is legally obligated to pay under this Contract or perform any service the Provider/Obligor is legally obligated to perform under this Contract. If You made no claim, this Contract is void and the full purchase price will be refunded to You. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of the Contract. These provisions apply only to the original purchaser of the Contract. In the event We cancel the Contract, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. A written notice is not required, if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation, or a substantial breach of duties by You relating to the Covered Product or its use. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed, the claim can be submitted to Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, 1 [(800)-821-5546].
NORTH CAROLINA only: The purchase of this Contract is not required in order to obtain financing. We may not cancel this Contract except for nonpayment by You or for violation of any of the terms and conditions of the Contract. If You cancel this Contract sixty (60) days or more after this Contract's effective date, You will receive a pro-rata refund, less the cost of any claims paid and less a cancellation fee of ten percent (10%) of the amount of the refund. To arrange for cancellation of this Contract, please contact Your Retailer.
OKLAHOMA only: Obligations of the Provider under this Contract are insured under a service contract reimbursement insurance policy. The Provider/Obligor under this Contract is First Shield Consumer Service Corporation (License # 510067482). In the event You cancel this Contract sixty (60) days or more after this Contract's effective date, You shall receive a refund equal to ninety percent (90%) of the unearned pro-rata purchase price less the cost of any service received. To arrange for cancellation of this Contract, please contact Your Retailer. In the event We cancel this Contract, You shall receive a refund equal to one hundred percent (100%) of the unearned pro-rata purchase price, less the cost of any service received. This is not an insurance contract. Coverage afforded under this Contract is not guaranteed by the Oklahoma Insurance Guaranty Association.
SOUTH CAROLINA only: In order to prevent damage to the Covered Product, please refer to the owner's manual. This Contract does not cover repair and replacement necessitated by loss or damage resulting from 1) any cause other than normal use and operation of the Product in accordance with manufacturer's specifications and/or owner's manual or 2) failure to use reasonable means to protect Your Covered Product from further damage after a failure occurs. If You made no claim, this Contract is void and the full purchase price will be refunded to You. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten percent (10%) per month on a refund that is not made within forty-five (45) days of return of the Contract. These provisions apply only to the original purchaser of the Contract. In the event We cancel the Contract, We will mail a written notice to You at Your last known address at least fifteen (15) days prior to cancellation with the reason for cancellation. The written notice is not required if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered Covered Product or its use. In the event of a dispute with the provider of this contract, you may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201 or by phone at (800) 768-3467.
TEXAS only: If You made no claim, this Contract is void and the full purchase price will be refunded to You. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten (10) percent of the amount outstanding per month on a refund that is not made within forty-five (45) days. These provisions apply only to the original purchaser of the Contract. In the event We cancel the Contract, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation by You relating to the covered Covered Product or its use, or a substantial breach of Your duties relating to the covered Covered Product or its use. Obligations of the Provider under the Contract are insured under a service contract reimbursement policy. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy. In the event We do not pay out a claim, You may apply for reimbursement directly to the insurer if a covered claim is not provided to You by the Us before the 61st day after the date the You provide a proof of loss.
UTAH only: The language in the CANCELLATION section regarding Our rights to cancel this Contract is deleted and replaced with: We may cancel this Contract by providing You with thirty (30) days written notice for the following reasons only: material misrepresentation, substantial change in the risk assumed or substantial breaches of contractual duties. We may cancel this Contract by providing You with ten (10) days written notice, if the reason for cancellation is non-payment by You. The following sentence is added as the last sentence of the WHAT TO DO IF YOU REQUIRE SERVICE section: If it is an emergency situation and We cannot be reached, You can proceed with repairs. We will reimburse You or the repairing facility in accordance with the Contract provisions. All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the Retailer. The following sentences are added to the end of the DISPUTE RESOLUTION section: Any matter in dispute between You and Us may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from Us. Any decision reached by arbitration shall be binding upon both you and Us. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgement in any court of proper jurisdiction. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. Should the provider fail to pay or provide service on any claim within 60 days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the Insurance Company. Coverage afforded under this Contract is not guaranteed by the Property and Casualty Guaranty Association. This Service Contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this contract is not guaranteed by the Property and Casualty Guaranty Association.
VERMONT only: To arrange for cancellation of this Contract, please contact Your Retailer. Our obligations under this Contract are supported by a contractual liability insurance policy issued by Arch Insurance Company. In the event that We are unable to perform under the Contract, Arch Insurance Company, which shall pay on Our behalf any sums We are legally obligated to pay and shall provide the service, which We are legally obligated to perform according to Our contractual obligations under the Contract.
VIRGINIA only: If any promise made in the Contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint. You are hereby notified that the purchase of the contract is not mandatory and may be waived.
WASHINGTON only: We will pay a penalty of ten percent (10%) per month on a refund that is not made within thirty (30) days of return of the Contract. The "Guarantee" provision of these Terms and Conditions as set forth above is deleted in its entirety and replaced with the following: This is not an insurance policy. Obligations of the service contract provider under this service contract are insured under a service contract reimbursement insurance policy. The provider is First Shield Consumer Service Corporation, located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. You may contact them toll-free at [877-861-2176].
WISCONSIN only: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. Arbitration: If You are a resident of Wisconsin, the following shall replace all references to Arbitration in these Terms and Conditions: Arbitration is not mandatory and has to be by mutual agreement. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, or if the Provider becomes insolvent or otherwise financially impaired, the claim can be submitted to Arch Insurance Company, who insures Our obligations under this Contract, located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108, [(800)-821-5546. If You made no claim, this Contract is void and the full purchase price will be refunded to You or credited to Your account. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten (10) percent per month on a refund that is not paid or credited within forty-five (45) days after return of the Contract to Us. These provisions apply only to the original purchaser of the Contract. In the event that You experience a total loss of the Covered Product covered by this Contract that is not covered by a replacement of the Covered Product pursuant to the terms of the Contract, You shall be entitled to cancel this Contract and receive a pro rata refund of any unearned Contract fee, less any claims paid. Lack of pre-authorization shall not be the sole grounds for a claim denial; however, unauthorized repairs may not be covered if evaluated to have been at an unreasonable expense. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.
WYOMING only: If You made no claim, this Contract is void and the full purchase price will be refunded to You. To arrange for cancellation of this Contract, please contact Your Retailer. We will pay a penalty of ten (10) percent on a refund that is not paid or credited within forty-five (45) days after return of the Contract to Us. These provisions apply only to the original purchaser of the Contract. In the event We cancel this Contract, We will mail a written notice to You at Your last known address at least ten (10) days prior to cancellation, which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required, if the reason for cancellation is nonpayment of the Contract fee, a material misrepresentation by You relating to the covered Covered Product or its use, or a substantial breach of Your duties relating to the covered Covered Product or its use. Obligations under this Contract are insured by Arch Insurance Company located at 2345 Grand Boulevard, Suite 900, Kansas City, Missouri 64108. In the event covered service is not provided by Us within sixty (60) days of You submitting proof, You are entitled to apply directly to the reimbursement insurance company.
To request a large print version of these conditions, please email support@seel.com or call 1.844.696.1217.