PROTECTION PLAN TERMS & CONDITIONS
EXTENDED WARRANTY CONTRACT CANADA Administered by Guardsman Warranty Corp. of Canada, ULC 421 7th Avenue S.W., Suite 1700 Calgary, Alberta T2P 4K9Toll Free 1 -800-342-5349
Thank you for Your recent purchase of the Guardsman Extended Warranty. We hope You enjoy the added comfort and protection this Plan provides. Please keep this document and Your purchase confirmation that You received when You purchased this Extended Warranty, as You will need them to verify Your coverage at time of service. This information will serve as a valuable reference guide and will help You determine what is covered by this Extended Warranty. From day one, the Administrator will assist You in understanding Your Extended Warranty benefits.
BE SURE TO REGISTER YOUR EXTENDED WARRANTY ONLINE
In order to maximize Your benefits, please go to www.MyProtectionPlan360.com and register Your Service Contact.
SECTION 1 – DEFINITIONS
"We", "Us", "Our": the party or parties obligated to provide service under this Extended Warranty Contract as shown in the "SPECIAL JURISDICTIONAL REQUIREMENTS/AMENDATORIES" section and applicable to Your province/territory).
"Administrator": he entity responsible for administrating benefits to You in accordance with the Extended Warranty Contract terms and conditions, Guardsman Warranty Corp. of Canada, ULC, 421 7th Avenue S.W., Ste. 1700, Calgary, Alberta T2P 4K9.
"You", "Your": the purchaser/owner of the Product(s) covered by this Extended Warranty.
"Retailer": the merchant authorized by Us to sell this Extended Warranty to You.
Covered Product(s), Product(s): the eligible item(s) that meet(s) the "PRODUCT ELIGIBILITY" requirements outlined below that is/are covered under this Extended Warranty.
Purchase Confirmation: the purchase confirmation email, receipt, or link provided by Guardsman or the selling retailer that provides proof of purchase of this plan.
Contract Term: the period of time in which the provisions of this Extended Warranty are valid, as indicated on Your purchase confirmation. In no event will a monthly billing Term exceed thirty-six (36) months from the original Contract purchase date.
Commercial Use: use of the Product for competitive, rental, business, educational or institutional purposes.
Coverage Term: the period that Your covered product is covered by this Extended Warranty, which begins upon the latter of (i) the date of expiration of Your covered products manufacturer or retailer warranty, or (ii) the purchase date of Your plan (as shown on Your purchase confirmation), or (iii) the date following the termination of any Waiting Period, and ends after the Contract Term or when all of our obligations under this Plan end according to the terms of this this Extended Warranty, whichever occurs first. If, You elected Our monthly billing plan, coverage becomes effective upon receipt of the first installment, and Expiration of the thirty (30) day Waiting Period.
Failure: As related to non-furniture Products – the mechanical or electrical breakdown of Your Product that results in it no longer being able to function as originally designed and intended; which is caused by defects in the manufacturer's materials or workmanship and occurs during normal use of the Product. As related to furniture Products – the breakdown of Your furniture Product that results in it no longer being able to function as originally designed and intended (including any flaws or deficiencies of the Furniture that affect the utility for which it was designed for); which is caused by defects in the manufacturer's materials or workmanship and occurs during normal use of the furniture Product.
Claim: a request for service or payment in accordance with this Extended Warranty sent by You to the Administrator or Us.
Deductible: the amount You are required to pay, per Claim, prior to receiving services under this Extended Warranty (if any), as indicated on Your Purchase confirmation.
Power Surge: damage to the Product resulting from an oversupply of voltage to Your Product while properly connected to a surge protector approved by the Underwriter's Labouratory Inc. (UL) but not including damages resulting from the improper installation or improper connection of the Product to a power source. Coverage for Power Surge begins on Your contract purchase date (or delivery date, if different.
Accidental Damage and Handling (ADH): unexpected, unintentional or accidental damage and/or breakage sustained to Your covered product(s) that occurred during the course of normal use or handling. Coverage for ADH begins on Your contract purchase date (or delivery, if different.
Pre-existing Condition: a condition that, within all reasonable mechanical or electrical probability, relates to the mechanical fitness of Your Product before this Extended Warranty was purchased, effective, or is determined by Us to be a failure.
"We", "Us", "Our": the party or parties obligated to provide service under this Extended Warranty Contract as shown in the "SPECIAL JURISDICTIONAL REQUIREMENTS/AMENDATORIES" section and applicable to Your province/territory).
"Administrator": he entity responsible for administrating benefits to You in accordance with the Extended Warranty Contract terms and conditions, Guardsman Warranty Corp. of Canada, ULC, 421 7th Avenue S.W., Ste. 1700, Calgary, Alberta T2P 4K9.
"You", "Your": the purchaser/owner of the Product(s) covered by this Extended Warranty.
"Retailer": the merchant authorized by Us to sell this Extended Warranty to You.
Covered Product(s), Product(s): the eligible item(s) that meet(s) the "PRODUCT ELIGIBILITY" requirements outlined below that is/are covered under this Extended Warranty.
Purchase Confirmation: the purchase confirmation email, receipt, or link provided by Guardsman or the selling retailer that provides proof of purchase of this plan.
Contract Term: the period of time in which the provisions of this Extended Warranty are valid, as indicated on Your purchase confirmation. In no event will a monthly billing Term exceed thirty-six (36) months from the original Contract purchase date.
Commercial Use: use of the Product for competitive, rental, business, educational or institutional purposes.
Coverage Term: the period that Your covered product is covered by this Extended Warranty, which begins upon the latter of (i) the date of expiration of Your covered products manufacturer or retailer warranty, or (ii) the purchase date of Your plan (as shown on Your purchase confirmation), or (iii) the date following the termination of any Waiting Period, and ends after the Contract Term or when all of our obligations under this Plan end according to the terms of this this Extended Warranty, whichever occurs first. If, You elected Our monthly billing plan, coverage becomes effective upon receipt of the first installment, and Expiration of the thirty (30) day Waiting Period.
Failure: As related to non-furniture Products – the mechanical or electrical breakdown of Your Product that results in it no longer being able to function as originally designed and intended; which is caused by defects in the manufacturer's materials or workmanship and occurs during normal use of the Product. As related to furniture Products – the breakdown of Your furniture Product that results in it no longer being able to function as originally designed and intended (including any flaws or deficiencies of the Furniture that affect the utility for which it was designed for); which is caused by defects in the manufacturer's materials or workmanship and occurs during normal use of the furniture Product.
Claim: a request for service or payment in accordance with this Extended Warranty sent by You to the Administrator or Us.
Deductible: the amount You are required to pay, per Claim, prior to receiving services under this Extended Warranty (if any), as indicated on Your Purchase confirmation.
Power Surge: damage to the Product resulting from an oversupply of voltage to Your Product while properly connected to a surge protector approved by the Underwriter's Labouratory Inc. (UL) but not including damages resulting from the improper installation or improper connection of the Product to a power source. Coverage for Power Surge begins on Your contract purchase date (or delivery date, if different.
Accidental Damage and Handling (ADH): unexpected, unintentional or accidental damage and/or breakage sustained to Your covered product(s) that occurred during the course of normal use or handling. Coverage for ADH begins on Your contract purchase date (or delivery, if different.
Pre-existing Condition: a condition that, within all reasonable mechanical or electrical probability, relates to the mechanical fitness of Your Product before this Extended Warranty was purchased, effective, or is determined by Us to be a failure.
SECTION 2 – YOUR RESPONSIBILITIES
a) PRODUCT PROTECTION: Be sure to properly store and operate Your Covered product in accordance with the manufacturer's warranty and/ or owner's manual at all times. If You suspect damage or breakdown of Your Product, You should promptly take reasonable precautions in order to protect against further damage. Any Claim determined to be a result of neglect, negligence, misuse, or abuse (as defined in the EXCLUSIONS section of this Contract) of or to the covered product is NOT covered under this Contract.
b) MAINTENANCE AND INSPECTIONS: If specified in the Products manufacturer's warranty, assembly and/or owner's manual, You must perform all of the care, maintenance and inspections for the Product as indicated. You may be required to provide proof of fulfillment of such maintenance, care and/or inspections services at the time of Claim. Any Claim determined to be a result of Your lack of compliance with the Product manufacturer's warranty, assembly and/or owner's manual will NOT be covered under this Contract.
a) PRODUCT PROTECTION: Be sure to properly store and operate Your Covered product in accordance with the manufacturer's warranty and/ or owner's manual at all times. If You suspect damage or breakdown of Your Product, You should promptly take reasonable precautions in order to protect against further damage. Any Claim determined to be a result of neglect, negligence, misuse, or abuse (as defined in the EXCLUSIONS section of this Contract) of or to the covered product is NOT covered under this Contract.
b) MAINTENANCE AND INSPECTIONS: If specified in the Products manufacturer's warranty, assembly and/or owner's manual, You must perform all of the care, maintenance and inspections for the Product as indicated. You may be required to provide proof of fulfillment of such maintenance, care and/or inspections services at the time of Claim. Any Claim determined to be a result of Your lack of compliance with the Product manufacturer's warranty, assembly and/or owner's manual will NOT be covered under this Contract.
SECTION 3 – MONTHLY BILLING
If You elected to pay for Your contract purchase price/fee on a monthly basis (as evidenced on Your purchase confirmation), You are required to pay one month's charge in advance to initially purchase the Extended Warranty and must continue to pay the monthly charge by the stated due date in order to keep Your coverage effective throughout Your Contract Term. NOTICE: Your monthly Contract charge is subject to change, at Our sole discretion. In the event of a change, We will provide written notice to Your current address in Our file (email or physical address as necessary) at least sixty (60) days prior to implementing any such change. Under such circumstance, You will have the option to either: (a) pay the new monthly charge when due, and Your coverage will continue for the remainder of Your Term; or (b) notify the Administrator that You want to cancel Your coverage. Regarding cancellations and refunds please refer to the "CANCELLATION" section.
If You elected to pay for Your contract purchase price/fee on a monthly basis (as evidenced on Your purchase confirmation), You are required to pay one month's charge in advance to initially purchase the Extended Warranty and must continue to pay the monthly charge by the stated due date in order to keep Your coverage effective throughout Your Contract Term. NOTICE: Your monthly Contract charge is subject to change, at Our sole discretion. In the event of a change, We will provide written notice to Your current address in Our file (email or physical address as necessary) at least sixty (60) days prior to implementing any such change. Under such circumstance, You will have the option to either: (a) pay the new monthly charge when due, and Your coverage will continue for the remainder of Your Term; or (b) notify the Administrator that You want to cancel Your coverage. Regarding cancellations and refunds please refer to the "CANCELLATION" section.
SECTION 4 – LTO ARRANGEMENT (if applicable to You, as confirmed on Your original sales receipt/invoice)
For the purpose of this section, the following words have the stated meaning: "LTO ARRANGEMENT" refers to a contractual lease-to-own legal agreement established between You (the Lessee) and a lease-to-own entity (the Lessor), through which this Extended Warranty and the covered product have been obtained by You. "Lessor" refers to the financial institution which is (1) the original owner of the covered product, and (2) has established the LTO Arrangement with You. "Lessee" refers to You; the person who has entered into an LTO Arrangement with a Lessor, and who is to become the rightful owner of the covered product upon fulfillment of such LTO Arrangement.
Where the Product was initially acquired under an LTO Arrangement, any reimbursement or refund will be paid to the owner of the Product at the time such reimbursement or refund is made. This will be the Lessor if You have not yet acquired ownership of the Product.
In all other respects, the Lessee will retain a beneficial interest in this Extended Warranty and all non-reimbursement/refund benefits described herein shall be rendered to the Lessee.
Any owner obligations related to maintenance of the Product shall be the responsibility of the Lessee during of any LTO Arrangement except as provided by law.
(Note, any reference to purchased, sold, or similar terms in this Contract shall include leased and its derivatives.)
For the purpose of this section, the following words have the stated meaning: "LTO ARRANGEMENT" refers to a contractual lease-to-own legal agreement established between You (the Lessee) and a lease-to-own entity (the Lessor), through which this Extended Warranty and the covered product have been obtained by You. "Lessor" refers to the financial institution which is (1) the original owner of the covered product, and (2) has established the LTO Arrangement with You. "Lessee" refers to You; the person who has entered into an LTO Arrangement with a Lessor, and who is to become the rightful owner of the covered product upon fulfillment of such LTO Arrangement.
Where the Product was initially acquired under an LTO Arrangement, any reimbursement or refund will be paid to the owner of the Product at the time such reimbursement or refund is made. This will be the Lessor if You have not yet acquired ownership of the Product.
In all other respects, the Lessee will retain a beneficial interest in this Extended Warranty and all non-reimbursement/refund benefits described herein shall be rendered to the Lessee.
Any owner obligations related to maintenance of the Product shall be the responsibility of the Lessee during of any LTO Arrangement except as provided by law.
(Note, any reference to purchased, sold, or similar terms in this Contract shall include leased and its derivatives.)
SECTION 5 – DEDUCTIBLE
You are not required to pay a Deductible prior to receiving service under this Contract.
For Optical Plans: Co-Pay: You are required to pay the Retailer the following amount prior to receiving eligible service, as applicable to Your Claim:
New frames, not new lenses = $25.00; New lenses, not new frames = $25.00; New frames and new lenses = $50.00;
Smart glasses replacement = for non-prescription lenses $125.00; Smart glasses repair = $25.00; Accessories = $25.00
You are not required to pay a Deductible prior to receiving service under this Contract.
For Optical Plans: Co-Pay: You are required to pay the Retailer the following amount prior to receiving eligible service, as applicable to Your Claim:
New frames, not new lenses = $25.00; New lenses, not new frames = $25.00; New frames and new lenses = $50.00;
Smart glasses replacement = for non-prescription lenses $125.00; Smart glasses repair = $25.00; Accessories = $25.00
SECTION 6 – WHAT IS COVERED (as indicated on Your Purchase confirmation and applicable to You.)
IF YOU DID NOT PURCHASE ONE OF THE SPECIFIC PLANS LISTED BELOW, This Extended Warranty provides for parts and labour required to repair Your covered product in the event of a defined Failure and covered Claim. Coverage described in this Extended Warranty will not replace or provide duplicative benefits during any active manufacturer's warranty period. During such period, anything covered under that warranty is the sole responsibility of the manufacturer and will not be considered under this Contract; regardless of the manufacturer's ability to fulfill its obligations. At our sole discretion, replacement parts may be new, rebuilt, or non-original manufacturer's part that perform to the factory specifications. A one-time replacement or reimbursement may be provided in lieu of repairs.
ALL COVERAGE PROCLAIMED UNDER THIS EXTENDED WARRANTY IS EXPRESSLY SUBJECT TO THE "LIMIT OF LIABILITY" AND "EXCLUSIONS" PROVISIONS. PLEASE READ THESE SECTIONS CAREFULLY.
❖ JEWELRY:
Jewelry Extended Warranty If You purchased the Jewelry Extended Warranty, coverage under this Contract includes:
Restoration services required as a result of breakage during normal wear; such as: broken, worn or bent prongs; stretched or broken pearl strands; cracked or thinning ring shanks; broken chains, bracelets or clasps; broken earring posts or backs; gouges or discoloration; distorted or dented jewelry; kinked or knotted chains and bracelets; cracked, chipped, or scratched stones; and loss of diamonds or gemstones due to a defective, worn, bent or broken setting.
Refinishing and polishing; rhodium plating white gold; and chain soldering.
Repair of cracked or chipped stones, excluding center stones and up to 0.25 carat.
Replacement of missing side or accent stones up to 0.25 carat).
Watch Extended Warranty: If You purchased the Watch Extended Warranty, coverage under this Contract includes:
Restoration services required as a result of breakage due to faulty workmanship or during normal wear; such as: mechanism failure; crystal scratches or breaks; case or bezel damage; broken watch band; broken stem or crown; and broken clasps.
❖ OPTICAL PLANS:
In the event of an eligible Claim, this Extended Warranty covers the costs for servicing of Your product that is required in order to restore it to a functional and wearable condition. Such servicing may be fulfilled in the form of repair, replacement or reimbursement (up to a maximum value equal to the affected Product by You. Parts used to repair Your Product may include non-original manufacturer's parts.
❖ INDOOR AND OUTDOOR FURNITURE (Fabric, leather, vinyl, and upholstered, patio, wood, and other hard surface furniture, adjustable bed bases, and massage chairs):
In addition to coverage for a defined furniture Failure and Power Surge event (as applicable to Your Product), this Extended Warranty also provides the following coverage:
Failure or breakage of frames, rockers, swivels, glides, springs, mechanisms, motors, heating and cooling elements, levers, or hand wands, power or remote cords used for massage, sleepers, or reclining.
Stains including food and beverage, ink, nail polish or remover; Human or Pet bodily fluid/waste stains (not including perspiration, hair oils, or body oils).
Burns or heat marks (excluding fire); Punctures, cuts, tears, or rips.
A single incident of damage per furniture item caused by a Pet, except what is specifically excluded.
Seam separation, broken zippers or buttons.
Checking, cracking, bubbling, or peeling of a finish; scratches, gouges, chips, crack, liquid marks or rings
Chips, scratches, or breakage or glass, mirrors, tabletops or welds
Scratches on cast aluminum that penetrate through the finish exposing the aluminum.
Operational or structural failure to table or arb umbrella mechanisms (if originally covered by an OEM warranty).
Breakage of umbrella ribs, fabric gazebo or coversling frame.
FOR PROPANE FIREPITS AND PATIO HEATERS ONLY: Operational failure of burning mechanism/component failure.
❖ AREA RUGS:
This Plan provides coverage for the following accidental stains or damage that arise form a specific occurrence, except for what is listed in the "EXCLUSIONS" section.
Stains including food or beverage; human or pet bodily fluid/waste (not including perspiration, hair or body oils).
Border tears up to 6 inches in length.
❖ MATTRESSES:
This Plan provides coverage for the following accidental stains or damage that arise form a specific occurrence, except for what listed in the "EXCLUSIONS" section.
Stains including food and beverage, ink and marker, nail polish or remover; Human or Pet bodily fluid/waste stains (not including perspiration, hair oils, or body oils).
Burns or heat marks (excluding fire).
Punctures, cuts, tears, or rips caused by a specific incident or by a spring or coil
Failure of bed frames (excluding adjustable bases, box springs, or foundation.
❖ LIGHTING AND CEILING FANS:
In addition to coverage for a defined Failure, this Plan provides coverage for the following accidental damage that arise from a specific occurrence and Failure during normal use, except for what is listed in the "EXCLUSIONS" section.
Breakage, other than a defined failure, of lighting base, blades, brackets, bridge arm, check ring, fan rods, lock nuts, pull chains, socket, socket nob, swivel, and tube.
Failure of integral electrical components in Lighting (including connection points, cords, motor power outlets, remote operation devices, USB ports, and wiring) that were originally installed by the lighting manufacturer.
IF YOU DID NOT PURCHASE ONE OF THE SPECIFIC PLANS LISTED BELOW, This Extended Warranty provides for parts and labour required to repair Your covered product in the event of a defined Failure and covered Claim. Coverage described in this Extended Warranty will not replace or provide duplicative benefits during any active manufacturer's warranty period. During such period, anything covered under that warranty is the sole responsibility of the manufacturer and will not be considered under this Contract; regardless of the manufacturer's ability to fulfill its obligations. At our sole discretion, replacement parts may be new, rebuilt, or non-original manufacturer's part that perform to the factory specifications. A one-time replacement or reimbursement may be provided in lieu of repairs.
ALL COVERAGE PROCLAIMED UNDER THIS EXTENDED WARRANTY IS EXPRESSLY SUBJECT TO THE "LIMIT OF LIABILITY" AND "EXCLUSIONS" PROVISIONS. PLEASE READ THESE SECTIONS CAREFULLY.
❖ JEWELRY:
Jewelry Extended Warranty If You purchased the Jewelry Extended Warranty, coverage under this Contract includes:
Restoration services required as a result of breakage during normal wear; such as: broken, worn or bent prongs; stretched or broken pearl strands; cracked or thinning ring shanks; broken chains, bracelets or clasps; broken earring posts or backs; gouges or discoloration; distorted or dented jewelry; kinked or knotted chains and bracelets; cracked, chipped, or scratched stones; and loss of diamonds or gemstones due to a defective, worn, bent or broken setting.
Refinishing and polishing; rhodium plating white gold; and chain soldering.
Repair of cracked or chipped stones, excluding center stones and up to 0.25 carat.
Replacement of missing side or accent stones up to 0.25 carat).
Watch Extended Warranty: If You purchased the Watch Extended Warranty, coverage under this Contract includes:
Restoration services required as a result of breakage due to faulty workmanship or during normal wear; such as: mechanism failure; crystal scratches or breaks; case or bezel damage; broken watch band; broken stem or crown; and broken clasps.
❖ OPTICAL PLANS:
In the event of an eligible Claim, this Extended Warranty covers the costs for servicing of Your product that is required in order to restore it to a functional and wearable condition. Such servicing may be fulfilled in the form of repair, replacement or reimbursement (up to a maximum value equal to the affected Product by You. Parts used to repair Your Product may include non-original manufacturer's parts.
❖ INDOOR AND OUTDOOR FURNITURE (Fabric, leather, vinyl, and upholstered, patio, wood, and other hard surface furniture, adjustable bed bases, and massage chairs):
In addition to coverage for a defined furniture Failure and Power Surge event (as applicable to Your Product), this Extended Warranty also provides the following coverage:
Failure or breakage of frames, rockers, swivels, glides, springs, mechanisms, motors, heating and cooling elements, levers, or hand wands, power or remote cords used for massage, sleepers, or reclining.
Stains including food and beverage, ink, nail polish or remover; Human or Pet bodily fluid/waste stains (not including perspiration, hair oils, or body oils).
Burns or heat marks (excluding fire); Punctures, cuts, tears, or rips.
A single incident of damage per furniture item caused by a Pet, except what is specifically excluded.
Seam separation, broken zippers or buttons.
Checking, cracking, bubbling, or peeling of a finish; scratches, gouges, chips, crack, liquid marks or rings
Chips, scratches, or breakage or glass, mirrors, tabletops or welds
Scratches on cast aluminum that penetrate through the finish exposing the aluminum.
Operational or structural failure to table or arb umbrella mechanisms (if originally covered by an OEM warranty).
Breakage of umbrella ribs, fabric gazebo or coversling frame.
FOR PROPANE FIREPITS AND PATIO HEATERS ONLY: Operational failure of burning mechanism/component failure.
❖ AREA RUGS:
This Plan provides coverage for the following accidental stains or damage that arise form a specific occurrence, except for what is listed in the "EXCLUSIONS" section.
Stains including food or beverage; human or pet bodily fluid/waste (not including perspiration, hair or body oils).
Border tears up to 6 inches in length.
❖ MATTRESSES:
This Plan provides coverage for the following accidental stains or damage that arise form a specific occurrence, except for what listed in the "EXCLUSIONS" section.
Stains including food and beverage, ink and marker, nail polish or remover; Human or Pet bodily fluid/waste stains (not including perspiration, hair oils, or body oils).
Burns or heat marks (excluding fire).
Punctures, cuts, tears, or rips caused by a specific incident or by a spring or coil
Failure of bed frames (excluding adjustable bases, box springs, or foundation.
❖ LIGHTING AND CEILING FANS:
In addition to coverage for a defined Failure, this Plan provides coverage for the following accidental damage that arise from a specific occurrence and Failure during normal use, except for what is listed in the "EXCLUSIONS" section.
Breakage, other than a defined failure, of lighting base, blades, brackets, bridge arm, check ring, fan rods, lock nuts, pull chains, socket, socket nob, swivel, and tube.
Failure of integral electrical components in Lighting (including connection points, cords, motor power outlets, remote operation devices, USB ports, and wiring) that were originally installed by the lighting manufacturer.
SECTION 7 – ADDITIONAL BENEFITS
(if available, applicable to Your Plan, and indicated on Your purchase confirmation), this Extended Warranty also provides for the following:
a.) ACCIDENTAL DAMAGE FROM HANDLING (ADH): If available and applicable to Your Product If Your covered product sustains damage resulting from a defined ADH covered Claim, this Contract provides coverage for labour and/or parts required to repair Your covered product.
b.) COMMERCIAL COVERAGE: If available, this Plan covers a Product that is intended for Commercial Use (as defined). Commercial Coverage is required for any Product(s) that is: (1) equipment that has been specifically manufactured for commercial use; or (2) used in a commercial setting environment (i.e. for use other than in a residential single-family setting). Products used in a commercial or business capacity are not covered unless this optional coverage upgrade has been elected and is confirmed on Your Purchase confirmation.) NOTE: EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, COMMERCIAL COVERAGE DOES NOT PROVIDE ANY OF THE BENEFITS UNDER THE "OPTIONAL COVERAGES" OR "ADDITIONAL BENEFITS TO YOUR EXTENDED WARRANTY" SECTIONS.
c.) FOOD LOSS REIMBURSEMENT - applicable to a refrigerator and/or freezer covered product ONLY: In the event of a covered Claim for a refrigerator/freezer combo covered product, this Contract provides for the reimbursement of consequential perishable food loss expenses. Benefit is limited to a maximum reimbursement amount of $250.00
d.) LAUNDRY/CLEANING SERVICES (For washer and/or dryer Covered products Only): If available, this additional benefit reimburses You for laundering service if We are unable to repair Your original covered product for a covered Claim within seven (7) day of Our authorized servicer's initial on-site visit. You will be reimbursed up to a maximum of $25.00 per qualified service repair. To receive reimbursement, an itemized list of laundry expenses incurred or applicable proof of payment for the laundry expenses.
e.) MAINTENANCE BENEFIT: If available and applicable to Your Product, this additional benefit covers one (1) preventative maintenance and performance check(s) of Your covered product.
f.) NO LEMON GUARANTEE: If within any consecutive twelve (12) month period, Your covered product has three (3) repairs covered under this Contract for the same problem ("Qualifying Service Repairs") and a fourth (4th) repair is required for the same covered problem, WE will replace Your original Product with one of like kind and quality, but not necessarily the same brand or color, or, at Our sole discretion, provide You with a reimbursement for replacement. If You receive a replacement under this NO LEMON GUARANTEE, Our obligations under this Contract shall be considered fulfilled in their entirety and Your coverage will end. NOTE: ANY REPAIR SERVICES PERFORMED WHILE YOUR PRODUCT IS UNDER THE MANUFACTURER'S WARRANTY PERIOD ARE NOT CONSIDERED "QUALIFYING SERVICE REPAIRS" UNDER THIS "NO LEMON GUARANTEE".
g.) POWER SURGE: If available and applicable to You, If your covered product sustains damage resulting from a defined Power Surge covered Claim, this Contract provides coverage for labour and/or parts required to repair Your covered product.
h.) REMOVAL & DELIVERY: If available and applicable to You, if Your covered product needs service and was delivered and installed by the Retailer, as evidenced on Your Product Purchase Receipt, and it is necessary for Us/Our authorized representative to remove Your original Product for it to be serviced and/or You receive a replacement product pursuant to this Extended Warranty, We will provide coverage for the costs associated with (i) the removal of Your original Product, (ii) the delivery of Your serviced original Product or replacement product, provided at Our sole discretion.
(if available, applicable to Your Plan, and indicated on Your purchase confirmation), this Extended Warranty also provides for the following:
a.) ACCIDENTAL DAMAGE FROM HANDLING (ADH): If available and applicable to Your Product If Your covered product sustains damage resulting from a defined ADH covered Claim, this Contract provides coverage for labour and/or parts required to repair Your covered product.
b.) COMMERCIAL COVERAGE: If available, this Plan covers a Product that is intended for Commercial Use (as defined). Commercial Coverage is required for any Product(s) that is: (1) equipment that has been specifically manufactured for commercial use; or (2) used in a commercial setting environment (i.e. for use other than in a residential single-family setting). Products used in a commercial or business capacity are not covered unless this optional coverage upgrade has been elected and is confirmed on Your Purchase confirmation.) NOTE: EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, COMMERCIAL COVERAGE DOES NOT PROVIDE ANY OF THE BENEFITS UNDER THE "OPTIONAL COVERAGES" OR "ADDITIONAL BENEFITS TO YOUR EXTENDED WARRANTY" SECTIONS.
c.) FOOD LOSS REIMBURSEMENT - applicable to a refrigerator and/or freezer covered product ONLY: In the event of a covered Claim for a refrigerator/freezer combo covered product, this Contract provides for the reimbursement of consequential perishable food loss expenses. Benefit is limited to a maximum reimbursement amount of $250.00
d.) LAUNDRY/CLEANING SERVICES (For washer and/or dryer Covered products Only): If available, this additional benefit reimburses You for laundering service if We are unable to repair Your original covered product for a covered Claim within seven (7) day of Our authorized servicer's initial on-site visit. You will be reimbursed up to a maximum of $25.00 per qualified service repair. To receive reimbursement, an itemized list of laundry expenses incurred or applicable proof of payment for the laundry expenses.
e.) MAINTENANCE BENEFIT: If available and applicable to Your Product, this additional benefit covers one (1) preventative maintenance and performance check(s) of Your covered product.
f.) NO LEMON GUARANTEE: If within any consecutive twelve (12) month period, Your covered product has three (3) repairs covered under this Contract for the same problem ("Qualifying Service Repairs") and a fourth (4th) repair is required for the same covered problem, WE will replace Your original Product with one of like kind and quality, but not necessarily the same brand or color, or, at Our sole discretion, provide You with a reimbursement for replacement. If You receive a replacement under this NO LEMON GUARANTEE, Our obligations under this Contract shall be considered fulfilled in their entirety and Your coverage will end. NOTE: ANY REPAIR SERVICES PERFORMED WHILE YOUR PRODUCT IS UNDER THE MANUFACTURER'S WARRANTY PERIOD ARE NOT CONSIDERED "QUALIFYING SERVICE REPAIRS" UNDER THIS "NO LEMON GUARANTEE".
g.) POWER SURGE: If available and applicable to You, If your covered product sustains damage resulting from a defined Power Surge covered Claim, this Contract provides coverage for labour and/or parts required to repair Your covered product.
h.) REMOVAL & DELIVERY: If available and applicable to You, if Your covered product needs service and was delivered and installed by the Retailer, as evidenced on Your Product Purchase Receipt, and it is necessary for Us/Our authorized representative to remove Your original Product for it to be serviced and/or You receive a replacement product pursuant to this Extended Warranty, We will provide coverage for the costs associated with (i) the removal of Your original Product, (ii) the delivery of Your serviced original Product or replacement product, provided at Our sole discretion.
SECTION 8 – OPTIONAL COVERAGE UPGRADES
(if available for purchase, applicable to Your Plan, and indicated on Your purchase confirmation), this Extended Warranty also provides for the following:
a.) ACCIDENTAL DAMAGE FROM HANDLING (ADH) UPGRADE: When purchased, in afddition to the benefits outlined under the WHAT IS COVERED provision above, as applicable to your covered product type, this optional coverage upgrade provides coverage for labour and/or parts required to repair Your covered product in the event of a defined ADH covered Claim. (Note: ADH is not covered unless it is confirmed on Your Purchase confirmation. ADH is not eligible for all product types. Not all types of unintentional/accidental damages are covered; be sure to read the EXCLUSIONS section carefully.)
b.) CUSTOM HOME AUTOMATION UPGRADE: When purchased, in addition to the benefits outlined under WHAT IS COVERED provision above, as applicable to Your covered product type, this optional coverage upgrade will cover the cost of removal or reinstallation of the covered product, as well as any necessary reprogramming of the covered product's associated remote-control units in connection with covered repairs or replacements of the covered product. In addition, this upgrade provides coverage for labour and/or parts required to repair Your covered product from damage resulting from a defined Power Surge claim. Coverage begins upon Date of Purchase of this Extended Warranty, if such coverage has been purchased. NOTE: CUSTOM HOME AUTOMATION COVERAGE DOES NOT COVER ANY COSTS ASSOCIATED WITH TEARING DOWN OR REFINISHING OF WALLS IN ORDER TO REACH AND/OR EVALUATE THE COVERED PRODUCT
c.) REMOVAL & DELIVERY: If purchased, available and applicable to You, if Your Covered product needs service and was delivered and installed by the Retailer, as evidenced on Your Product Purchase Receipt, and it is necessary for Us/Our authorized representative to remove Your original Product for it to be serviced and/or You receive a replacement product pursuant to this Extended Warranty, We will provide coverage for the costs associated with (i) the removal of Your original Product, (ii) the delivery of Your serviced original Product or replacement product, provided at Our sole discretion.
d.) SCREEN DAMAGE UPGRADE: When purchased, in addition to the benefits outlined under the WHAT IS COVERED provision above, as applicable to your covered product type, this optional coverage upgrade provides for a maximum of one (1)] replacements of the covered product's screen only in the event of a covered Claim in which the screen sustains cracking or breakage after a single accidental damage from handling incident.
e.) WHEEL AND TIRE PLAN: If you purchased the Wheels and Tire plan, in the event of a covered claim resulting from accidental damage from handling or Failure (as defined), Your Plan provides replacement of the wheels and/or tires on Your Product (labour costs are not included). Replacement products and/or components may be new or refurbished product of equal or similar features and functionality, but not necessarily the same brand. Any and all parts or units replaced under this Extended Warranty become Our property in their entirety. Only one tube, tire, and wheel replacement is permitted each term year.
(if available for purchase, applicable to Your Plan, and indicated on Your purchase confirmation), this Extended Warranty also provides for the following:
a.) ACCIDENTAL DAMAGE FROM HANDLING (ADH) UPGRADE: When purchased, in afddition to the benefits outlined under the WHAT IS COVERED provision above, as applicable to your covered product type, this optional coverage upgrade provides coverage for labour and/or parts required to repair Your covered product in the event of a defined ADH covered Claim. (Note: ADH is not covered unless it is confirmed on Your Purchase confirmation. ADH is not eligible for all product types. Not all types of unintentional/accidental damages are covered; be sure to read the EXCLUSIONS section carefully.)
b.) CUSTOM HOME AUTOMATION UPGRADE: When purchased, in addition to the benefits outlined under WHAT IS COVERED provision above, as applicable to Your covered product type, this optional coverage upgrade will cover the cost of removal or reinstallation of the covered product, as well as any necessary reprogramming of the covered product's associated remote-control units in connection with covered repairs or replacements of the covered product. In addition, this upgrade provides coverage for labour and/or parts required to repair Your covered product from damage resulting from a defined Power Surge claim. Coverage begins upon Date of Purchase of this Extended Warranty, if such coverage has been purchased. NOTE: CUSTOM HOME AUTOMATION COVERAGE DOES NOT COVER ANY COSTS ASSOCIATED WITH TEARING DOWN OR REFINISHING OF WALLS IN ORDER TO REACH AND/OR EVALUATE THE COVERED PRODUCT
c.) REMOVAL & DELIVERY: If purchased, available and applicable to You, if Your Covered product needs service and was delivered and installed by the Retailer, as evidenced on Your Product Purchase Receipt, and it is necessary for Us/Our authorized representative to remove Your original Product for it to be serviced and/or You receive a replacement product pursuant to this Extended Warranty, We will provide coverage for the costs associated with (i) the removal of Your original Product, (ii) the delivery of Your serviced original Product or replacement product, provided at Our sole discretion.
d.) SCREEN DAMAGE UPGRADE: When purchased, in addition to the benefits outlined under the WHAT IS COVERED provision above, as applicable to your covered product type, this optional coverage upgrade provides for a maximum of one (1)] replacements of the covered product's screen only in the event of a covered Claim in which the screen sustains cracking or breakage after a single accidental damage from handling incident.
e.) WHEEL AND TIRE PLAN: If you purchased the Wheels and Tire plan, in the event of a covered claim resulting from accidental damage from handling or Failure (as defined), Your Plan provides replacement of the wheels and/or tires on Your Product (labour costs are not included). Replacement products and/or components may be new or refurbished product of equal or similar features and functionality, but not necessarily the same brand. Any and all parts or units replaced under this Extended Warranty become Our property in their entirety. Only one tube, tire, and wheel replacement is permitted each term year.
SECTION 9 – PRIVACY AND DATA COLLECTION
(For any Covered product that uses wireless data): You agree that We may collect and process data on Your behalf when We provide the services under this Contract. We may transfer Your data to affiliated companies or third-party servicer to assist in fulfilling a transaction You requested; service the product You purchased; investigate or process claim(s); or detect or prevent fraud or determine eligibility under the Contract. We do not share Your non-public personal information, except as permitted by law. We will comply with applicable privacy and data protection laws in Your specific jurisdiction. Unless specifically prohibited by Your jurisdiction's privacy and data protection laws, We may transfer Your information to other countries and jurisdictions provided that anyone to whom We transfer Your information provides an adequate level of protection. Your nonpublic personal information may be accessed by regulatory and law enforcement, or as otherwise permitted or required by law.
(For any Covered product that uses wireless data): You agree that We may collect and process data on Your behalf when We provide the services under this Contract. We may transfer Your data to affiliated companies or third-party servicer to assist in fulfilling a transaction You requested; service the product You purchased; investigate or process claim(s); or detect or prevent fraud or determine eligibility under the Contract. We do not share Your non-public personal information, except as permitted by law. We will comply with applicable privacy and data protection laws in Your specific jurisdiction. Unless specifically prohibited by Your jurisdiction's privacy and data protection laws, We may transfer Your information to other countries and jurisdictions provided that anyone to whom We transfer Your information provides an adequate level of protection. Your nonpublic personal information may be accessed by regulatory and law enforcement, or as otherwise permitted or required by law.
SECTION 10 – HOW WE SERVICE YOUR PRODUCT
ALL EXTENDED WARRANTIES: Depending on the Product and failure circumstances, at Our discretion, We will either:
Repair Your Product (In-home/on-site, mail-in or local repair service may be available, at Our discretion) Note: In the event service is performed In-home, we require someone 18 years or older be home at the time of service. Additional time and mileage charges for in home repairs outside twenty-five (25) contiguous land miles or the normal service center are not covered by this Agreement. Shipping is not included with this Extended Warranty.
Replace Your Product with a product of like kind, quality, and functionality (replacement products may retail at a lower price than Your original Product); or
Provide a cash settlement or a Gift Card reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount. Note: Spa, hot tub, and cold plunge products are ineligible for entire unit settlements.
Provide a refund of the purchase price of this Extended Warranty if We are unsuccessful in repairing the damage of the covered product and We are unable to provide a replacement or reselection, or if the retail store location where you bought the plan has closed, no longer carriers Your purchased product, no longer carries Guardsman Plans, changed ownership, or you have moved from the original store's locations operating area since Your purchases. A refund will complete Our obligations under this Extended Warranty.
FOR FIREARMS ONLY: You are responsible for selecting a Federally licensed retailer or dealer. We are not directly involved with servicing and do not pay for shipping or delivery. Gun Replacement not available.
FOR FURNITURE PRODUCTS ONLY: If Your covered product is stained or damaged during the Term, and the type of stain or damage is covered under this Contract, We will provide service using one or more of the following procedures. Our service begins with Step 1 below and if your claim is accepted. If You decide that Step 1 below does not fully address the stain or damage, We will move to one or more of the other Steps below.
Step 1. Cleaning Kit for Stains: We may provide You with a cleaning kit or advice on how You may be able to remove the stain if You would like to try removing the stain Yourself. If You do not, or if You decide that method does not fully address Your covered stain and You inform Us (or by selecting the appropriate online box that indicates the cleaning kit did not work) by returning the claim form to Us within thirty (30) days of Your reporting the stain to Us, We will move to one of the next steps below.
Step 2. Technician Assessment and Service: If You submit a claim form and a technician may be able to provide service to repair the stain or damage, We will send an authorized technician to assess the stain or damage and perform repairs if the technician determines that the stain or damage can be repaired. In the event the Administrator arranges for Your covered product to be serviced at Your residence, You must ensure the following: (1) accessibility to the covered product; (2) a non-threatening and safe environment; and (3) an adult over the age of 18 present for the entire period of time in which Our authorized technician is on Your property for arranged service. In the event the Administrator dispatches a servicing technician to Your residence, and it is then determined that servicing/repair must be made off-site, such will be performed at no additional cost. NOTICE: Service at Your residence will only be provided by Our authorized service technician during regular business hours, local time, Monday through Friday (excluding USA holidays). All repairs will be performed in a professional and workmanlike manner. If the technician's service does not repair the stain or damage to Your covered product, You must notify Guardsman US LLC within thirty (30) days of when the technician serviced Your claim. Note: Additional time and mileage charges for in-home repairs outside of twenty-five (25) contiguous land miles or the normal service radius of the authorized service center are not covered by this Agreement. In the event a Covered Product must be shipped to a central service facility, We will pay for two-way shipping to the point of repair and thereafter.
Step 3. Replacement, Reselection, or Cash Settlement: If the technician cannot remedy the stain or damage, We may arrange to provide a Replacement or, if a Replacement is not available, then a Reselection at the retail store location where you bought the covered Furniture, or a Cash Settlement.
Step 4. Refund: If We are unsuccessful in repairing the stain or damage to Your Furniture and We are unable to provide a Replacement, or Reselection for example, the retail store location where you bought the Plan has closed, no longer carries Guardsman Plans, changed ownership, or stopped selling Furniture, or you have moved from the original store location's operating area since your purchase, We will provide You a refund of the purchase price of the Plan rather than a Replacement or Reselection. A refund will complete Guardsman's obligations under this Plan for all Furniture covered by this Plan.
ALL EXTENDED WARRANTIES: Depending on the Product and failure circumstances, at Our discretion, We will either:
Repair Your Product (In-home/on-site, mail-in or local repair service may be available, at Our discretion) Note: In the event service is performed In-home, we require someone 18 years or older be home at the time of service. Additional time and mileage charges for in home repairs outside twenty-five (25) contiguous land miles or the normal service center are not covered by this Agreement. Shipping is not included with this Extended Warranty.
Replace Your Product with a product of like kind, quality, and functionality (replacement products may retail at a lower price than Your original Product); or
Provide a cash settlement or a Gift Card reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount. Note: Spa, hot tub, and cold plunge products are ineligible for entire unit settlements.
Provide a refund of the purchase price of this Extended Warranty if We are unsuccessful in repairing the damage of the covered product and We are unable to provide a replacement or reselection, or if the retail store location where you bought the plan has closed, no longer carriers Your purchased product, no longer carries Guardsman Plans, changed ownership, or you have moved from the original store's locations operating area since Your purchases. A refund will complete Our obligations under this Extended Warranty.
FOR FIREARMS ONLY: You are responsible for selecting a Federally licensed retailer or dealer. We are not directly involved with servicing and do not pay for shipping or delivery. Gun Replacement not available.
FOR FURNITURE PRODUCTS ONLY: If Your covered product is stained or damaged during the Term, and the type of stain or damage is covered under this Contract, We will provide service using one or more of the following procedures. Our service begins with Step 1 below and if your claim is accepted. If You decide that Step 1 below does not fully address the stain or damage, We will move to one or more of the other Steps below.
Step 1. Cleaning Kit for Stains: We may provide You with a cleaning kit or advice on how You may be able to remove the stain if You would like to try removing the stain Yourself. If You do not, or if You decide that method does not fully address Your covered stain and You inform Us (or by selecting the appropriate online box that indicates the cleaning kit did not work) by returning the claim form to Us within thirty (30) days of Your reporting the stain to Us, We will move to one of the next steps below.
Step 2. Technician Assessment and Service: If You submit a claim form and a technician may be able to provide service to repair the stain or damage, We will send an authorized technician to assess the stain or damage and perform repairs if the technician determines that the stain or damage can be repaired. In the event the Administrator arranges for Your covered product to be serviced at Your residence, You must ensure the following: (1) accessibility to the covered product; (2) a non-threatening and safe environment; and (3) an adult over the age of 18 present for the entire period of time in which Our authorized technician is on Your property for arranged service. In the event the Administrator dispatches a servicing technician to Your residence, and it is then determined that servicing/repair must be made off-site, such will be performed at no additional cost. NOTICE: Service at Your residence will only be provided by Our authorized service technician during regular business hours, local time, Monday through Friday (excluding USA holidays). All repairs will be performed in a professional and workmanlike manner. If the technician's service does not repair the stain or damage to Your covered product, You must notify Guardsman US LLC within thirty (30) days of when the technician serviced Your claim. Note: Additional time and mileage charges for in-home repairs outside of twenty-five (25) contiguous land miles or the normal service radius of the authorized service center are not covered by this Agreement. In the event a Covered Product must be shipped to a central service facility, We will pay for two-way shipping to the point of repair and thereafter.
Step 3. Replacement, Reselection, or Cash Settlement: If the technician cannot remedy the stain or damage, We may arrange to provide a Replacement or, if a Replacement is not available, then a Reselection at the retail store location where you bought the covered Furniture, or a Cash Settlement.
Step 4. Refund: If We are unsuccessful in repairing the stain or damage to Your Furniture and We are unable to provide a Replacement, or Reselection for example, the retail store location where you bought the Plan has closed, no longer carries Guardsman Plans, changed ownership, or stopped selling Furniture, or you have moved from the original store location's operating area since your purchase, We will provide You a refund of the purchase price of the Plan rather than a Replacement or Reselection. A refund will complete Guardsman's obligations under this Plan for all Furniture covered by this Plan.
SECTION 11 – HOW TO FILE A CLAIM
IMPORTANT INFORMATION: 1.) The submission of a Claim does not automatically mean that the damage to or failure of the Product is covered under Your Plan or this Contract. In order for a Claim to be considered, You have to contact the Administrator first for Claim approval and to obtain Your authorization number. 2.) If the Administrator authorizes service for a Claim on Your covered product and it is then determined by Our authorized service center/technician to be excluded under the Terms & Conditions of this Contract or results in a "NO PROBLEM FOUND" diagnosis, You may be responsible for all repair costs including shipping costs.
COMPLETE THE FOLLOWING STEPS TO HAVE YOUR CLAIM CONSIDERED UNDER THIS CONTRACT:
a) Go online to www.MyProtectionPlan360.com or call toll-free 1-(800)-342-5349 with Your Purchase confirmation readily available. NOTE: For Appliance, Furniture, Mattress, Rug, and Lighting Plans, Claims must be filed within thirty (30) days from the date of the damage or stain.
b) Explain the problem Your covered product(s) is experiencing and provide the Administrator any additional information/documentation in order to validate Your Claim. We may, at Our discretion, require You to submit pictures, audio, or video of the damage or defect of which You are making a claim.
c) After confirmation of Claim eligibility under Your Plan and this Contract, the Administrator will issue a Claim authorization number to You along with additional information regarding how Your covered product(s) will be further serviced (refer to the "HOW WE SERVICE YOUR PRODUCT" section above for further details).
In the event the Contract Term expires during time of an approved Claim, Your coverage will be automatically extended until the date in which the Claim in progress has been fulfilled completely in accordance with the terms and conditions of the Extended Warranty.
IMPORTANT INFORMATION: 1.) The submission of a Claim does not automatically mean that the damage to or failure of the Product is covered under Your Plan or this Contract. In order for a Claim to be considered, You have to contact the Administrator first for Claim approval and to obtain Your authorization number. 2.) If the Administrator authorizes service for a Claim on Your covered product and it is then determined by Our authorized service center/technician to be excluded under the Terms & Conditions of this Contract or results in a "NO PROBLEM FOUND" diagnosis, You may be responsible for all repair costs including shipping costs.
COMPLETE THE FOLLOWING STEPS TO HAVE YOUR CLAIM CONSIDERED UNDER THIS CONTRACT:
a) Go online to www.MyProtectionPlan360.com or call toll-free 1-(800)-342-5349 with Your Purchase confirmation readily available. NOTE: For Appliance, Furniture, Mattress, Rug, and Lighting Plans, Claims must be filed within thirty (30) days from the date of the damage or stain.
b) Explain the problem Your covered product(s) is experiencing and provide the Administrator any additional information/documentation in order to validate Your Claim. We may, at Our discretion, require You to submit pictures, audio, or video of the damage or defect of which You are making a claim.
c) After confirmation of Claim eligibility under Your Plan and this Contract, the Administrator will issue a Claim authorization number to You along with additional information regarding how Your covered product(s) will be further serviced (refer to the "HOW WE SERVICE YOUR PRODUCT" section above for further details).
In the event the Contract Term expires during time of an approved Claim, Your coverage will be automatically extended until the date in which the Claim in progress has been fulfilled completely in accordance with the terms and conditions of the Extended Warranty.
SECTION 12 – LIMIT OF LIABILITY
SINGLE COVERED PRODUCT MAXIMUM: For any one covered product, the maximum that We are obligated to pay in connection with all Claims under this Extended Warranty is the amount equal to the original product purchase price for such single covered product. Once a single covered product has reached this Single covered product Maximum, that particular Product is no longer eligible for coverage under the original Contract Term. However, any/all remaining covered products that have not yet reached the Single covered product Maximum will continue to be covered for the remainder of the Contract Term.
AGGREGATE COVERED PRODUCT MAXIMUM: Cumulatively, the maximum amount that We will pay for all covered products shall not exceed the sum of all covered product purchase prices as shown on Your Purchase confirmation and Your Sales Receipt, or $15,000 – whichever is LESS.
IN ADDITION TO THAT WHICH IS NOTED ABOVE, NEITHER WE NOR THE ADMINISTRATOR NOR THE RETAILER SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; INCLUDING BUT NOT LIMITED TO: PROPERTY DAMAGE, LOST TIME, LOST DATA, OR LOST INCOME/WAGES RESULTING FROM THE FAILURE OF OR DAMAGE TO ANY COVERED PRODUCT OR COMPONENT THEREOF, REGARDLESS OF WHETHER SUCH FAILURE OR DAMAGE IS COVERED UNDER THE PROVISIONS OF THIS CONTRACT, OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE, OR RESULTING FROM THE UNAVAILABILITY OF REPAIR OR REPLACEMENT PARTS/COMPONENTS/ITEMS OR INABILITY TO PROVIDE EXACT MATCH REPLACEMENT, OR FOR ANY AND ALL PRE-EXISTING CONDITIONS KNOWN TO YOU; INCLUDING ANY INHERENT PRODUCT FLAWS.
NOTICE FOR MONTHLY BILLING AND LTO: Once either of these limits has been reached, Our obligations under this Extended Warranty will be considered fulfilled and coverage ends.
SINGLE COVERED PRODUCT MAXIMUM: For any one covered product, the maximum that We are obligated to pay in connection with all Claims under this Extended Warranty is the amount equal to the original product purchase price for such single covered product. Once a single covered product has reached this Single covered product Maximum, that particular Product is no longer eligible for coverage under the original Contract Term. However, any/all remaining covered products that have not yet reached the Single covered product Maximum will continue to be covered for the remainder of the Contract Term.
AGGREGATE COVERED PRODUCT MAXIMUM: Cumulatively, the maximum amount that We will pay for all covered products shall not exceed the sum of all covered product purchase prices as shown on Your Purchase confirmation and Your Sales Receipt, or $15,000 – whichever is LESS.
IN ADDITION TO THAT WHICH IS NOTED ABOVE, NEITHER WE NOR THE ADMINISTRATOR NOR THE RETAILER SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; INCLUDING BUT NOT LIMITED TO: PROPERTY DAMAGE, LOST TIME, LOST DATA, OR LOST INCOME/WAGES RESULTING FROM THE FAILURE OF OR DAMAGE TO ANY COVERED PRODUCT OR COMPONENT THEREOF, REGARDLESS OF WHETHER SUCH FAILURE OR DAMAGE IS COVERED UNDER THE PROVISIONS OF THIS CONTRACT, OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE, OR RESULTING FROM THE UNAVAILABILITY OF REPAIR OR REPLACEMENT PARTS/COMPONENTS/ITEMS OR INABILITY TO PROVIDE EXACT MATCH REPLACEMENT, OR FOR ANY AND ALL PRE-EXISTING CONDITIONS KNOWN TO YOU; INCLUDING ANY INHERENT PRODUCT FLAWS.
NOTICE FOR MONTHLY BILLING AND LTO: Once either of these limits has been reached, Our obligations under this Extended Warranty will be considered fulfilled and coverage ends.
SECTION 13 – EXCLUSIONS (WHAT IS NOT COVERED)
As related and applicable to Your covered products this Contract does not cover any failure, damage, repairs, or services in connection with or resulting from:
ALL EXTENDED WARRANTIES:
A. Any damage that is covered under any other insurance, warranty, guaranty, and/or Extended Warranty providing the same benefits outlined in this Contract.
B. Batteries, Battery leakage, batteries that are merely discharged;
C. Any Claim related to any type of repair or replacement that was not prior authorized by the Administrator or Us;
D. Any Product that has been confirmed to be used in a commercial, business, educational institution, or industrial capacity, unless commercial coverage was offered and is listed on Your purchase confirmation as a part of Your Extended Warranty
E. A pre-existing condition known to You ("pre-existing condition" refers to a condition known by you, that within all reasonable mechanical or electrical probability, relates to the mechanical fitness of the Covered Equipment before this Contract was purchased;
F. Natural flaws or inherent design or manufacturer's defects;
G. Accidental damage or liquid damage unless ADH coverage was offered and is listed on Your purchase confirmation purchased as part of Your Extended Warranty;
H. Normal wear and tear, not applicable to all Products;
I. Intentional damage, Secondary, or collateral damage;
J. Lost, stolen or irretrievable items;
K. Any Product that is fraudulently described or materially misrepresented;
L. Except as otherwise provided, maintenance, service, repair or replacement necessitated by loss or damage resulting from any cause other than normal use, storage and operation of the Product in accordance with the manufacturer's specifications and owner's manual;
M. Damage caused by exposure to weather conditions, improper electrical/power supply, improper equipment modifications, add-on products or accessories, attachments or installation or assembly, collision with any other object, vandalism, animal or insect infestation, corrosion, battery leakage, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes) or any other force majeure or peril originating from outside the Product;
N. Damage caused by "accumulation," including, without limitation, damage from any re-peated use or gradual buildup of dirt, dust, oils or similar, such as hair and body oils, perspiration or darkened bodily contact areas;
O. Damage caused by any improper care, negligence, neglect, intentional acts, misuse or abuse of the Product; any repair, replacement or handling of the Product other than as recommended or authorized by the manufacturer and/or Us; or any failure to comply with the manufacturer's warranty;
P. Damage caused by cleaning methods, products, or materials;
Q. Defects due to the installation, assembly, or hookup of Your Product;
R. Damage caused by transit, delivery, redelivery, removal or reinstallation of the Product, or the Product being moved between different locations or into or out of storage, including damage caused by packing or unpacking of the Product;
S. Claims made under any improper or incorrectly purchased Extended Warranty;
T. Except as otherwise provided, "cosmetic damage," defined as any damages or changes to the physical appearance of a Product that does not impede or hinder its normal operating function as determined by Us, such as scratches, abrasions, peelings, dents, kinks, changes in color, texture, or finish or similar conditions;
U. Consumer replaceable or consumable batteries unless battery coverage has been offered and purchased as part of Your Extended Warranty;
V. Product(s) with removed or altered serial numbers;
W. Manufacturer defects or equipment failure which is covered by manufacturer's warranty, manufacturer's recall or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
X. Damage to computer hardware, software and data or loss of software or data, caused by, including, but not limited to, viruses, application programs, network drivers, source code, object code or proprietary data, or any support, configuration, installation or re-installation of any software or data;
Y. "No Problem Found" diagnosis, intermittent and non-intermittent issues that are not failures of the Product (such as poor cell phone reception);
Z. Items sold in a private sale (e.g. flea market, yard sale, estate sale, Craigslist); (bb) Any Product that is a demonstration/in-store model, or that is sold "as-is"; (cc) A Product that is no longer in Your possession;
AA. Any failure, damage, repairs or loss that is covered under any other Extended Warranty, warranty, service plan or insurance.
BB. We shall not be responsible for any loss arising out of the unauthorized access or use of any system, software, hardware, or firmware, or any modification, reprogramming, destruction, or deletion of data or software by any means.
CC. Replacements on Firearms.
FOR APPLIANCES PLANS
A. Electrolux Refrigerators
FOR HOME FURNISHINGS PLANS
A. Ready-to-assemble ("RTA") furniture;
B. Rattan, bamboo, wicker, woven resin, nubuck, suede, silk, "X" coded and/or non-color fast fabrics;
C. Split-grain leather hides used in seat cushions, back cushions, or arm areas;
D. Velvet or velvet types of furniture;
E. Orlon furniture;
F. Mattresses (unless appropriate plan is purchased);
G. Items with protective finishes;
H. Lamps, decorative items, robotics, TV lifts, electronics, USB ports, electrical outlets, or clocks;
I. Furniture sold "as-is" before delivery.
J. Normal wear and tear; including but not limited to: scuffing, scrapes or surface abrasions that do not penetrate through the Product's finish; softening of cushions conforming to the shape of the user (body impressions); soiling buildup that accumulates over time from repeated use (such as stains from perspiration, body oil or hair oil); and loosening of chair legs, rungs or joints, loss of foam and/or inner spring resiliency;
K. Flattening of nap, pilling, snags or fraying/matting of material, or shrinking of material;
L. Stress tears (tearing or ripping of upholstery within one-half inch (1/2") of and parallel to the seam line
M. Leather surface scratches that do not penetrate through the upholstery;
N. Odors, including odors that remain after a visible stain is cleaned;
O. Dye transfer
P. Fading of the upholstery, color loss, and/or discoloration
Q. Wood surface scratch, dent, chip or gouge that does not penetrate through the finish;
R. Leather surface scratches that do not penetrate through the upholstery;
S. Peeling of any kind of leather;
T. Nicks, scratches, or wrinkles that are inherent to the leather/hide and were present at time of Product purchase;
U. Inherent design flaws including but not limited to natural inconsistencies in upholstery, leather, vinyl or delamination of microfiber;
V. Stains or damage from acid, bleach, caustic solutions, mildew, mold, or recurring damage;
W. Correction for dye lot or texture variations arising from the service or replacement of any part of a covered product or the replacement of an entire covered product;
X. Reprogramming for any kind of data transfer or loss;
FOR FIREARM PLANS
A. New and Purchased Firearms over 30 days old;
B. Defect or malfunctions resulting from careless handling, unauthorized adjustments or modifications made or attempted by anyone other than a qualified gunsmith following manufacturer's procedures or failure to follow manufacturer's disassembly instructions;
C. Defects associated with any on-gun or off-gun part or accessory that is capable of being readily detached and/or replaced; this includes any scopes, optics, non-integrated mounts, electronic sights, slings, laser sights, or electronic components;
D. Repairs related to unreasonable use, corrosion, or barrels damaged by an obstructed bore;
E. Damage resulting from ammunition, including but not limited to: use of defective ammunition, hand-loaded or ammunition of the wrong caliber; use of high velocity, high pressure, reloaded or other nonstandard ammunition;
F. Incidental or consequential damage with respect to economic loss or injury to property, whether as a result of implied warranty, negligence, or otherwise;
G. Any repairs where serial number has been removed or altered;
H. Damage from full submersion of Covered Firearm;
I. Neglect, abuse, ordinary wear and tear, or unreasonable use;
J. Cleaning or preventive maintenance;
K. Cosmetic damage, including scratches or dents that do not otherwise affect the functionality of the Covered Firearm.
L. Normal wear of any parts or surface finish, including metal, wood, plastic, rubber or other materials;
M. Criminal misuse, negligence, or use under the influence of drugs or alcohol;
FOR JEWELRY PLANS
A. Any inherent Product design defect or flawed gemstones;
B. Loss of diamonds, gemstones, or other materials (unless such loss is related to a functional breakdown of the covered product;
C. Parts normally designated to be replaced periodically by You or consumed during the life of the Product such as batteries.
D. Water damage if used under conditions which exceed the manufacturer's water resistance guidelines;
E. Diamonds, Gemstones, or any other components supplied by the customer and not included as a covered product under the Extended Warranty;
F. Cosmetic scratches and dents on non-silvertone stainless steel watch bands;
G. Ring sizing associated with arthritic shanks;
FOR ELECTRONIC PLANS
A. Television or personal computer monitor screen imperfections, including "burn-in" or burned CRT phosphor;]
B. Consumer replaceable or consumable items including but not limited to toner, ribbons, ink cartridges, drums, belts, printer heads, blades, strings, and trim;
C. Projector or rear projection TV bulbs;
FOR PERSONAL ELECTRIC TRANSPORT VEHICLES PLANS
A. Any electric transport that goes over 25mph.
B. Throttles
C. Batteries
As related and applicable to Your covered products this Contract does not cover any failure, damage, repairs, or services in connection with or resulting from:
ALL EXTENDED WARRANTIES:
A. Any damage that is covered under any other insurance, warranty, guaranty, and/or Extended Warranty providing the same benefits outlined in this Contract.
B. Batteries, Battery leakage, batteries that are merely discharged;
C. Any Claim related to any type of repair or replacement that was not prior authorized by the Administrator or Us;
D. Any Product that has been confirmed to be used in a commercial, business, educational institution, or industrial capacity, unless commercial coverage was offered and is listed on Your purchase confirmation as a part of Your Extended Warranty
E. A pre-existing condition known to You ("pre-existing condition" refers to a condition known by you, that within all reasonable mechanical or electrical probability, relates to the mechanical fitness of the Covered Equipment before this Contract was purchased;
F. Natural flaws or inherent design or manufacturer's defects;
G. Accidental damage or liquid damage unless ADH coverage was offered and is listed on Your purchase confirmation purchased as part of Your Extended Warranty;
H. Normal wear and tear, not applicable to all Products;
I. Intentional damage, Secondary, or collateral damage;
J. Lost, stolen or irretrievable items;
K. Any Product that is fraudulently described or materially misrepresented;
L. Except as otherwise provided, maintenance, service, repair or replacement necessitated by loss or damage resulting from any cause other than normal use, storage and operation of the Product in accordance with the manufacturer's specifications and owner's manual;
M. Damage caused by exposure to weather conditions, improper electrical/power supply, improper equipment modifications, add-on products or accessories, attachments or installation or assembly, collision with any other object, vandalism, animal or insect infestation, corrosion, battery leakage, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes) or any other force majeure or peril originating from outside the Product;
N. Damage caused by "accumulation," including, without limitation, damage from any re-peated use or gradual buildup of dirt, dust, oils or similar, such as hair and body oils, perspiration or darkened bodily contact areas;
O. Damage caused by any improper care, negligence, neglect, intentional acts, misuse or abuse of the Product; any repair, replacement or handling of the Product other than as recommended or authorized by the manufacturer and/or Us; or any failure to comply with the manufacturer's warranty;
P. Damage caused by cleaning methods, products, or materials;
Q. Defects due to the installation, assembly, or hookup of Your Product;
R. Damage caused by transit, delivery, redelivery, removal or reinstallation of the Product, or the Product being moved between different locations or into or out of storage, including damage caused by packing or unpacking of the Product;
S. Claims made under any improper or incorrectly purchased Extended Warranty;
T. Except as otherwise provided, "cosmetic damage," defined as any damages or changes to the physical appearance of a Product that does not impede or hinder its normal operating function as determined by Us, such as scratches, abrasions, peelings, dents, kinks, changes in color, texture, or finish or similar conditions;
U. Consumer replaceable or consumable batteries unless battery coverage has been offered and purchased as part of Your Extended Warranty;
V. Product(s) with removed or altered serial numbers;
W. Manufacturer defects or equipment failure which is covered by manufacturer's warranty, manufacturer's recall or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
X. Damage to computer hardware, software and data or loss of software or data, caused by, including, but not limited to, viruses, application programs, network drivers, source code, object code or proprietary data, or any support, configuration, installation or re-installation of any software or data;
Y. "No Problem Found" diagnosis, intermittent and non-intermittent issues that are not failures of the Product (such as poor cell phone reception);
Z. Items sold in a private sale (e.g. flea market, yard sale, estate sale, Craigslist); (bb) Any Product that is a demonstration/in-store model, or that is sold "as-is"; (cc) A Product that is no longer in Your possession;
AA. Any failure, damage, repairs or loss that is covered under any other Extended Warranty, warranty, service plan or insurance.
BB. We shall not be responsible for any loss arising out of the unauthorized access or use of any system, software, hardware, or firmware, or any modification, reprogramming, destruction, or deletion of data or software by any means.
CC. Replacements on Firearms.
FOR APPLIANCES PLANS
A. Electrolux Refrigerators
FOR HOME FURNISHINGS PLANS
A. Ready-to-assemble ("RTA") furniture;
B. Rattan, bamboo, wicker, woven resin, nubuck, suede, silk, "X" coded and/or non-color fast fabrics;
C. Split-grain leather hides used in seat cushions, back cushions, or arm areas;
D. Velvet or velvet types of furniture;
E. Orlon furniture;
F. Mattresses (unless appropriate plan is purchased);
G. Items with protective finishes;
H. Lamps, decorative items, robotics, TV lifts, electronics, USB ports, electrical outlets, or clocks;
I. Furniture sold "as-is" before delivery.
J. Normal wear and tear; including but not limited to: scuffing, scrapes or surface abrasions that do not penetrate through the Product's finish; softening of cushions conforming to the shape of the user (body impressions); soiling buildup that accumulates over time from repeated use (such as stains from perspiration, body oil or hair oil); and loosening of chair legs, rungs or joints, loss of foam and/or inner spring resiliency;
K. Flattening of nap, pilling, snags or fraying/matting of material, or shrinking of material;
L. Stress tears (tearing or ripping of upholstery within one-half inch (1/2") of and parallel to the seam line
M. Leather surface scratches that do not penetrate through the upholstery;
N. Odors, including odors that remain after a visible stain is cleaned;
O. Dye transfer
P. Fading of the upholstery, color loss, and/or discoloration
Q. Wood surface scratch, dent, chip or gouge that does not penetrate through the finish;
R. Leather surface scratches that do not penetrate through the upholstery;
S. Peeling of any kind of leather;
T. Nicks, scratches, or wrinkles that are inherent to the leather/hide and were present at time of Product purchase;
U. Inherent design flaws including but not limited to natural inconsistencies in upholstery, leather, vinyl or delamination of microfiber;
V. Stains or damage from acid, bleach, caustic solutions, mildew, mold, or recurring damage;
W. Correction for dye lot or texture variations arising from the service or replacement of any part of a covered product or the replacement of an entire covered product;
X. Reprogramming for any kind of data transfer or loss;
FOR FIREARM PLANS
A. New and Purchased Firearms over 30 days old;
B. Defect or malfunctions resulting from careless handling, unauthorized adjustments or modifications made or attempted by anyone other than a qualified gunsmith following manufacturer's procedures or failure to follow manufacturer's disassembly instructions;
C. Defects associated with any on-gun or off-gun part or accessory that is capable of being readily detached and/or replaced; this includes any scopes, optics, non-integrated mounts, electronic sights, slings, laser sights, or electronic components;
D. Repairs related to unreasonable use, corrosion, or barrels damaged by an obstructed bore;
E. Damage resulting from ammunition, including but not limited to: use of defective ammunition, hand-loaded or ammunition of the wrong caliber; use of high velocity, high pressure, reloaded or other nonstandard ammunition;
F. Incidental or consequential damage with respect to economic loss or injury to property, whether as a result of implied warranty, negligence, or otherwise;
G. Any repairs where serial number has been removed or altered;
H. Damage from full submersion of Covered Firearm;
I. Neglect, abuse, ordinary wear and tear, or unreasonable use;
J. Cleaning or preventive maintenance;
K. Cosmetic damage, including scratches or dents that do not otherwise affect the functionality of the Covered Firearm.
L. Normal wear of any parts or surface finish, including metal, wood, plastic, rubber or other materials;
M. Criminal misuse, negligence, or use under the influence of drugs or alcohol;
FOR JEWELRY PLANS
A. Any inherent Product design defect or flawed gemstones;
B. Loss of diamonds, gemstones, or other materials (unless such loss is related to a functional breakdown of the covered product;
C. Parts normally designated to be replaced periodically by You or consumed during the life of the Product such as batteries.
D. Water damage if used under conditions which exceed the manufacturer's water resistance guidelines;
E. Diamonds, Gemstones, or any other components supplied by the customer and not included as a covered product under the Extended Warranty;
F. Cosmetic scratches and dents on non-silvertone stainless steel watch bands;
G. Ring sizing associated with arthritic shanks;
FOR ELECTRONIC PLANS
A. Television or personal computer monitor screen imperfections, including "burn-in" or burned CRT phosphor;]
B. Consumer replaceable or consumable items including but not limited to toner, ribbons, ink cartridges, drums, belts, printer heads, blades, strings, and trim;
C. Projector or rear projection TV bulbs;
FOR PERSONAL ELECTRIC TRANSPORT VEHICLES PLANS
A. Any electric transport that goes over 25mph.
B. Throttles
C. Batteries
SECTION 14 – OUR RIGHT TO RECOVER PAYMENT
If You have a right to recover against another party for anything We have paid under this Extended Warranty, Your rights shall become Our rights. You shall do whatever is reasonably necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.
If You have a right to recover against another party for anything We have paid under this Extended Warranty, Your rights shall become Our rights. You shall do whatever is reasonably necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.
SECTION 15 – CANCELLATION
You may cancel this Extended Warranty at any time by informing Administrator in writing of Your cancellation request. NOTICE: The following cancellation provisions apply to the original purchaser of this Extended Warranty only. NO CANCELLATION FEES APPLY.
IF THE REQUEST TO CANCEL THIS CONTRACT IS:
1. Within 60 days of the Contract purchase date, You will receive a 100% refund of the full Contract Purchase Price paid by You, minus any Claims paid by Us.
2. After 60 days from the Contract purchase date, You will receive a pro-rata refund based on 100% of the Contract Purchase Price paid by You, minus any Claims paid by Us.
WE MAY ONLY CANCEL THIS CONTRACT FOR:
Non-payment of the Contract purchase price/fees by You;
Material misrepresentation by You; or
Substantial breach of duties under this Contract by You in relation to the Product or its use.
If We cancel this Contract, We will provide written notice to You at least 15 days prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Contract, You will receive a pro-rata refund based upon the same criteria as outlined above.
NOTICE: If the purchase of this Contract was financed, any outstanding balance due to the finance company will be deducted from any due refund and paid to the finance company instead of You.
You may cancel this Extended Warranty at any time by informing Administrator in writing of Your cancellation request. NOTICE: The following cancellation provisions apply to the original purchaser of this Extended Warranty only. NO CANCELLATION FEES APPLY.
IF THE REQUEST TO CANCEL THIS CONTRACT IS:
1. Within 60 days of the Contract purchase date, You will receive a 100% refund of the full Contract Purchase Price paid by You, minus any Claims paid by Us.
2. After 60 days from the Contract purchase date, You will receive a pro-rata refund based on 100% of the Contract Purchase Price paid by You, minus any Claims paid by Us.
WE MAY ONLY CANCEL THIS CONTRACT FOR:
Non-payment of the Contract purchase price/fees by You;
Material misrepresentation by You; or
Substantial breach of duties under this Contract by You in relation to the Product or its use.
If We cancel this Contract, We will provide written notice to You at least 15 days prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Contract, You will receive a pro-rata refund based upon the same criteria as outlined above.
NOTICE: If the purchase of this Contract was financed, any outstanding balance due to the finance company will be deducted from any due refund and paid to the finance company instead of You.
SECTION 16 – GENERAL PROVISIONS
Waiver; Severability. The failure of any party to require performance by the other apy of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms and conditions will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render these terms and conditions unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Notices. You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address You provide Us. All notices or requests pertaining to this Contract will be in writing and may be sent by any reasonable means including by mail, email, facsimile, text message or recognized commercial overnight courier. Notices to You are considered delivered when sent to You by email or fax number that You provided to Us, or three (3) days after mailing to the street address You provided.
Waiver; Severability. The failure of any party to require performance by the other apy of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms and conditions will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render these terms and conditions unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Notices. You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address You provide Us. All notices or requests pertaining to this Contract will be in writing and may be sent by any reasonable means including by mail, email, facsimile, text message or recognized commercial overnight courier. Notices to You are considered delivered when sent to You by email or fax number that You provided to Us, or three (3) days after mailing to the street address You provided.
SECTION 17 – RENEWABILITY
If You wish to renew coverage under this Extended Warranty, please contact the Administrator prior to the expiration of Your current Term to initiate Our renewal process. Renewal prices will reflect the age of the covered product(s), current service costs, and product repair experience. Not all Products are eligible for Renewal.
If You wish to renew coverage under this Extended Warranty, please contact the Administrator prior to the expiration of Your current Term to initiate Our renewal process. Renewal prices will reflect the age of the covered product(s), current service costs, and product repair experience. Not all Products are eligible for Renewal.
SECTION 18 – TRANSFERABILITY
This Contract cannot be transferred to any other party or product laws, will govern these Terms and Conditions and any dispute of any sort that might arise between You and Us.
This Contract cannot be transferred to any other party or product laws, will govern these Terms and Conditions and any dispute of any sort that might arise between You and Us.
SECTION 19 – ENTIRE CONTRACT
This Extended Warranty Contract; including the terms, conditions, limitations, exceptions and exclusions, and Your Contract Purchase Receipt constitute the entire agreement between Us and You and no representation, promise or condition not contained herein shall modify these items, except as required by law.
This Extended Warranty Contract; including the terms, conditions, limitations, exceptions and exclusions, and Your Contract Purchase Receipt constitute the entire agreement between Us and You and no representation, promise or condition not contained herein shall modify these items, except as required by law.
SECTION 20 – SPECIAL JURISDICTIONAL REQUIREMENTS
Regulation of Extended Warranty Contracts may vary widely depending on the province or territory. Any provision within this Contract that conflicts with the laws of the province/territory in which this Contract was purchased shall automatically be considered to be modified in conformity with applicable provincial/territorial laws and regulations as set forth below. The following provincial/territorial requirements apply if Your Contract was purchased in one of the following provinces and supersede any other provision within Your Contract terms and conditions to the contrary.
THE FOLLOWING PROVISIONS APPLY TO RESIDENT PURCHASERS OF:
MANITOBA, NEWFOUNDLAND & LABRADOR, NORTHWEST TERRITORIES, NUNAVUT, ONTARIO, PRINCE EDWARD ISLAND, QUEBEC, OR SASKATCHEWAN
The words "We", "Us", "Our", Provider, Obligor, Administrator" refer to the party obligated to provide service under this Contract as the extended warranty contract provider/obligor, as well as handle the administration under this Contract as the extended warranty contract Administrator, who is Guardsman Warranty Corp. of Canada, ULC, 421 7th Avenue S.W., Suite 1700, Calgary, Alberta T2P 4K9.
COMPLAINTS PROCEDURE: It is always the intention to provide You with a first class service. However, if You are not happy with the service, please notify one of Our representatives as outlined on Your Contract Purchase Receipt. We will reply within five (5) working days from when We receive Your complaint. If it is not possible to give You a full reply within this time (for example, because a detailed investigation is required), We will give You an interim response telling You what is being done to deal with Your complaint, when You can expect a full reply and from whom. In most cases Your complaint will be resolved within four (4) weeks.
IN NUNAVUT ONLY – The following provision is added: "YOU MAY CANCEL THIS CONTRACT BY CONTACTING THE SELLING RETAILER, THE ADMINISTRATOR OR THE OFFICE OF THE GOVERNMENT OF THE NORTHWEST TERRITORIES (Consumer Services-Public Safety Division – Dept. of Municipal and Community Affairs-Government of the Northwest Territories, #600, 5201-50 Avenue, Yellowknife NT XIA 3S9) ORALLY OR IN WRITING."
IN ONTARIO ONLY – The following provision is added: "YOU MAY CANCEL THIS CONTRACT BY CONTACTING THE SELLING RETAILER OR THE ADMINISTRATOR ORALLY OR IN WRITING."
FOR QUEBEC ONLY – The following disclosure is added: "The parties acknowledge that they have requested that this Agreement and all ancillary documents be drawn up in the English language only. Les parties reconnaissent avoir exigé que cette convention ainsi que tous les documents y afferents soient rédigés en anglaise seulement."
THE FOLLOWING PROVISIONS APPLY TO RESIDENT PURCHASERS OF: ALBERTA, BRITISH COLUMBIA, NEW BRUNSWICK, NOVA SCOTIA, OR YUKON
1. All references to "Extended Warranty Contract" and "Contract" are deleted and replaced with "Extended Warranty Insurance Policy" and "Policy"; respectively.
2. THIS POLICY CONTAINS A CLAUSE WHICH MAY LIMIT THE AMOUNT PAYABLE. For the purpose of the Insurance Companies Act (Canada), this document is issued to You by Technology Insurance Company, Inc. (TIC) in Canada. This insurance is provided by TIC ("the insurer") and its Administrator: Guardsman Warranty Corp. of Canada, ULC, 421 7th Avenue S.W., Suite 1700, Calgary, Alberta T2P 4K9. TIC is an authorized insurer in all provinces and territories. THE CONTRACT POLICYHOLDER MAY CANCEL THIS POLICY BY CONTACTING THE SELLING RETAILER OR THE ADMINISTRATOR OR ALLY OR IN WRITING.
3. The definition of "We, Us, Our, Obligor, Provider, Administrator" is deleted and replaced with the following: "We", "Us", "Our", "Administrator" refer to the party obligated to provide service and administration under this Extended Warranty Insurance Policy, who is Guardsman Warranty Corp. of Canada, ULC, 421 7th Avenue S.W., Suite 1700, Calgary, Alberta T2P 4K9.
4. The definition of "You, Your" is deleted and replaced with the following: "You", "Your", "Policy Holder" refer to the purchaser of this Extended Warranty Insurance Policy (or person to whom this Policy was properly transferred), who is to receive coverage proclaimed hereunder.
5. SANCTION LIMITATIONS – No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
6. TIC INSURANCE POLICY HOLDER'S COMPLAINT PROTOCOL: TIC strives to enhance Your customer experience with Us through superior service and innovative insurance products. We have developed a formal complaint handling protocol in accordance with the Insurance Companies Act of Canada to ensure Your concerns as Our valued customer are addressed expeditiously by Our representatives. This protocol will assist You in understanding the steps We will undertake to help resolve any dispute which may arise with Our product or service. All complaints will be handled in a professional manner. All complaints will be investigated, acted upon, and responded to in writing or by telephone by a TIC representative promptly after receipt of the complaint.
IF YOU ARE NOT SATISFIED WITH OUR PRODUCTS OR SERVICES, YOU CAN TAKE THE FOLLOWING STEPS TO ADDRESS THE ISSUE: First, please contact Your Retailer to discuss Your concerns so that they may have the opportunity to help resolve the situation. If Your Retailer is unable to help resolve Your concerns, We ask that You provide Us in writing an outline of Your complaint along with Your Retailer's location and Your Policy number to the following:
Technology Insurance Company, Inc.
330 Eagle Street
Newmarket, Ontario L3Y 1K1
Tel: 1-888-218-1070 / Fax: 1-212-220-7130
Your complaint will be directed to the appropriate business contact for handling. They will write to You within two business days to acknowledge receipt of Your complaint and to let You know when You can expect a full response. If need be, We will also engage internal staff in TIC who will respond directly to You, and in the last stages, they will issue a final letter of position on Your complaint. In the event that Your concerns are still not addressed to Your satisfaction, You have the right to continue Your pursuit to have Your complaint reviewed by the General Insurance Ombud Service (GIO), who assists in the resolution of conflicts between insurance customers and their insurance companies. The GIO can be reached at 1-877-225-0446 or www.giocanada.org.
7. Code of Consumer Rights and Responsibilities – Insurers are committed to safeguarding Your rights both when You shop for insurance and when You submit a claim following a loss. Your rights include the right to be informed fully, to be treated fairly, to timely complaint resolution, and to privacy. These rights are grounded in the contract between You and Your insurer and the insurance laws of Your province. With rights, however, come responsibilities including, for example, the expectation that You will provide complete and accurate information to Your insurer. Your Policy outlines other important responsibilities. Insurers and their distribution networks, and governments also have important roles to play in ensuring that Your rights are protected. Right to Be Informed – You can expect to access clear information about Your Policy, Your coverage, and the claims settlement process. You have the right to an easy-to-understand explanation of how insurance works and how it will meet Your needs. You also have a right to know how insurers calculate price based on relevant facts. Under normal circumstances, insurers will advise an insurance customer or the customer's intermediary of Changes to, or the cancellation of a Policy within a reasonable prescribed period prior to the expiration of the Policy, if the customer provides information required for determining renewal terms of the Policy within the time prescribed, which could vary by province, but is usually 45 days prior to expiry of the Policy.
Responsibility to Ask Questions and Share Information – To safeguard Your right to purchase appropriate coverage at a competitive price, You should ask questions about Your Policy so that You understand what it covers and what Your obligations are under it. You have the option to shop the marketplace for the combination of coverages and service levels that best suits Your insurance needs.
Right to Complaint Resolution – Insurers are committed to high standards of customer service. If You have a complaint about the service You have received, You have a right to access TIC complaint resolution process for Canada. Your insurer can provide You with information about how You can ensure that Your complaint is heard and promptly handled. Consumers may also contact their respective provincial insurance regulator for information. TIC is a member of an independent complaint resolution office, the General Insurance Ombud Service.
Responsibility to Resolve Disputes – You should always enter into the dispute resolution process in good faith, provide required information in a timely manner, and remain open to recommendations made by independent observers as part of that process.
Right to Professional Service – You have the right to deal with insurance professionals who exhibit a high ethical standard, which includes acting with honesty, integrity, fairness and skill.
Right to Privacy – Because it is important for You to disclose any and all information required by an insurer to provide the insurance coverage that best suits You, You have the right to know that Your information will be used for the purpose set out in the privacy statement made available to You by insurance representative. This information will not be disclosed to anyone except as permitted by law. You should know that TIC is subject to Canada's privacy laws - with respect to their business in Canada.
8. NOTICE CONCERNING PERSONAL INFORMATION – By purchasing insurance from TIC, a customer provides TIC with his or her consent to the collection, use and disclosure of personal information, including that previously collected, for the following purposes:
The communication with TIC policyholders
The underwriting of policies
The evaluation of claims
The detection and prevention of fraud
The analysis of business results
Purposes required or authorized by law
For the purposes identified, personal information may be disclosed to TIC related or affiliated organizations or companies, and to certain nonrelated or unaffiliated organizations or companies, including service providers. These entities may be located outside Canada therefore a customer's information may be processed in a foreign jurisdiction and their information may be accessible to law enforcement and national security authorities of that jurisdiction. To obtain written information about TIC policies and practices in respect of service providers located outside Canada, please contact Us at 1-888-218-1070 and we will also answer customer's questions about the collection, use, disclosure or storage of their personal information by such TIC service providers. Further information about TIC personal information protection policy may be obtained from the insurer by contacting TIC at 1-888-218-1070.
9. SEVERAL LIABILITY NOTICE – The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.
10. NOTICE – Every action or proceeding against Us for the recovery of insurance benefits payable under this Policy is absolutely barred; unless commenced within the time set out in the Insurance Act of the Policy Holder's province of residence. This transaction is between the Policy Holder and Us. In arranging this transaction described herein, Retailer, by whom the sales associate is employed, is representing Us. The nature and extent of interest of the Retailer in Us is none. The nature and extent of interest of Us in the Retailer is none.
IN BRITISH COLUMBIA ONLY – The following provision is added: "The Financial Institutions Act prohibit Us, the Retailer, or a sales associate from requiring the Policy Holder to transact additional or other business with Us or any other person or corporation as a condition of this transaction."
Regulation of Extended Warranty Contracts may vary widely depending on the province or territory. Any provision within this Contract that conflicts with the laws of the province/territory in which this Contract was purchased shall automatically be considered to be modified in conformity with applicable provincial/territorial laws and regulations as set forth below. The following provincial/territorial requirements apply if Your Contract was purchased in one of the following provinces and supersede any other provision within Your Contract terms and conditions to the contrary.
THE FOLLOWING PROVISIONS APPLY TO RESIDENT PURCHASERS OF:
MANITOBA, NEWFOUNDLAND & LABRADOR, NORTHWEST TERRITORIES, NUNAVUT, ONTARIO, PRINCE EDWARD ISLAND, QUEBEC, OR SASKATCHEWAN
The words "We", "Us", "Our", Provider, Obligor, Administrator" refer to the party obligated to provide service under this Contract as the extended warranty contract provider/obligor, as well as handle the administration under this Contract as the extended warranty contract Administrator, who is Guardsman Warranty Corp. of Canada, ULC, 421 7th Avenue S.W., Suite 1700, Calgary, Alberta T2P 4K9.
COMPLAINTS PROCEDURE: It is always the intention to provide You with a first class service. However, if You are not happy with the service, please notify one of Our representatives as outlined on Your Contract Purchase Receipt. We will reply within five (5) working days from when We receive Your complaint. If it is not possible to give You a full reply within this time (for example, because a detailed investigation is required), We will give You an interim response telling You what is being done to deal with Your complaint, when You can expect a full reply and from whom. In most cases Your complaint will be resolved within four (4) weeks.
IN NUNAVUT ONLY – The following provision is added: "YOU MAY CANCEL THIS CONTRACT BY CONTACTING THE SELLING RETAILER, THE ADMINISTRATOR OR THE OFFICE OF THE GOVERNMENT OF THE NORTHWEST TERRITORIES (Consumer Services-Public Safety Division – Dept. of Municipal and Community Affairs-Government of the Northwest Territories, #600, 5201-50 Avenue, Yellowknife NT XIA 3S9) ORALLY OR IN WRITING."
IN ONTARIO ONLY – The following provision is added: "YOU MAY CANCEL THIS CONTRACT BY CONTACTING THE SELLING RETAILER OR THE ADMINISTRATOR ORALLY OR IN WRITING."
FOR QUEBEC ONLY – The following disclosure is added: "The parties acknowledge that they have requested that this Agreement and all ancillary documents be drawn up in the English language only. Les parties reconnaissent avoir exigé que cette convention ainsi que tous les documents y afferents soient rédigés en anglaise seulement."
THE FOLLOWING PROVISIONS APPLY TO RESIDENT PURCHASERS OF: ALBERTA, BRITISH COLUMBIA, NEW BRUNSWICK, NOVA SCOTIA, OR YUKON
1. All references to "Extended Warranty Contract" and "Contract" are deleted and replaced with "Extended Warranty Insurance Policy" and "Policy"; respectively.
2. THIS POLICY CONTAINS A CLAUSE WHICH MAY LIMIT THE AMOUNT PAYABLE. For the purpose of the Insurance Companies Act (Canada), this document is issued to You by Technology Insurance Company, Inc. (TIC) in Canada. This insurance is provided by TIC ("the insurer") and its Administrator: Guardsman Warranty Corp. of Canada, ULC, 421 7th Avenue S.W., Suite 1700, Calgary, Alberta T2P 4K9. TIC is an authorized insurer in all provinces and territories. THE CONTRACT POLICYHOLDER MAY CANCEL THIS POLICY BY CONTACTING THE SELLING RETAILER OR THE ADMINISTRATOR OR ALLY OR IN WRITING.
3. The definition of "We, Us, Our, Obligor, Provider, Administrator" is deleted and replaced with the following: "We", "Us", "Our", "Administrator" refer to the party obligated to provide service and administration under this Extended Warranty Insurance Policy, who is Guardsman Warranty Corp. of Canada, ULC, 421 7th Avenue S.W., Suite 1700, Calgary, Alberta T2P 4K9.
4. The definition of "You, Your" is deleted and replaced with the following: "You", "Your", "Policy Holder" refer to the purchaser of this Extended Warranty Insurance Policy (or person to whom this Policy was properly transferred), who is to receive coverage proclaimed hereunder.
5. SANCTION LIMITATIONS – No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
6. TIC INSURANCE POLICY HOLDER'S COMPLAINT PROTOCOL: TIC strives to enhance Your customer experience with Us through superior service and innovative insurance products. We have developed a formal complaint handling protocol in accordance with the Insurance Companies Act of Canada to ensure Your concerns as Our valued customer are addressed expeditiously by Our representatives. This protocol will assist You in understanding the steps We will undertake to help resolve any dispute which may arise with Our product or service. All complaints will be handled in a professional manner. All complaints will be investigated, acted upon, and responded to in writing or by telephone by a TIC representative promptly after receipt of the complaint.
IF YOU ARE NOT SATISFIED WITH OUR PRODUCTS OR SERVICES, YOU CAN TAKE THE FOLLOWING STEPS TO ADDRESS THE ISSUE: First, please contact Your Retailer to discuss Your concerns so that they may have the opportunity to help resolve the situation. If Your Retailer is unable to help resolve Your concerns, We ask that You provide Us in writing an outline of Your complaint along with Your Retailer's location and Your Policy number to the following:
Technology Insurance Company, Inc.
330 Eagle Street
Newmarket, Ontario L3Y 1K1
Tel: 1-888-218-1070 / Fax: 1-212-220-7130
Your complaint will be directed to the appropriate business contact for handling. They will write to You within two business days to acknowledge receipt of Your complaint and to let You know when You can expect a full response. If need be, We will also engage internal staff in TIC who will respond directly to You, and in the last stages, they will issue a final letter of position on Your complaint. In the event that Your concerns are still not addressed to Your satisfaction, You have the right to continue Your pursuit to have Your complaint reviewed by the General Insurance Ombud Service (GIO), who assists in the resolution of conflicts between insurance customers and their insurance companies. The GIO can be reached at 1-877-225-0446 or www.giocanada.org.
7. Code of Consumer Rights and Responsibilities – Insurers are committed to safeguarding Your rights both when You shop for insurance and when You submit a claim following a loss. Your rights include the right to be informed fully, to be treated fairly, to timely complaint resolution, and to privacy. These rights are grounded in the contract between You and Your insurer and the insurance laws of Your province. With rights, however, come responsibilities including, for example, the expectation that You will provide complete and accurate information to Your insurer. Your Policy outlines other important responsibilities. Insurers and their distribution networks, and governments also have important roles to play in ensuring that Your rights are protected. Right to Be Informed – You can expect to access clear information about Your Policy, Your coverage, and the claims settlement process. You have the right to an easy-to-understand explanation of how insurance works and how it will meet Your needs. You also have a right to know how insurers calculate price based on relevant facts. Under normal circumstances, insurers will advise an insurance customer or the customer's intermediary of Changes to, or the cancellation of a Policy within a reasonable prescribed period prior to the expiration of the Policy, if the customer provides information required for determining renewal terms of the Policy within the time prescribed, which could vary by province, but is usually 45 days prior to expiry of the Policy.
Responsibility to Ask Questions and Share Information – To safeguard Your right to purchase appropriate coverage at a competitive price, You should ask questions about Your Policy so that You understand what it covers and what Your obligations are under it. You have the option to shop the marketplace for the combination of coverages and service levels that best suits Your insurance needs.
Right to Complaint Resolution – Insurers are committed to high standards of customer service. If You have a complaint about the service You have received, You have a right to access TIC complaint resolution process for Canada. Your insurer can provide You with information about how You can ensure that Your complaint is heard and promptly handled. Consumers may also contact their respective provincial insurance regulator for information. TIC is a member of an independent complaint resolution office, the General Insurance Ombud Service.
Responsibility to Resolve Disputes – You should always enter into the dispute resolution process in good faith, provide required information in a timely manner, and remain open to recommendations made by independent observers as part of that process.
Right to Professional Service – You have the right to deal with insurance professionals who exhibit a high ethical standard, which includes acting with honesty, integrity, fairness and skill.
Right to Privacy – Because it is important for You to disclose any and all information required by an insurer to provide the insurance coverage that best suits You, You have the right to know that Your information will be used for the purpose set out in the privacy statement made available to You by insurance representative. This information will not be disclosed to anyone except as permitted by law. You should know that TIC is subject to Canada's privacy laws - with respect to their business in Canada.
8. NOTICE CONCERNING PERSONAL INFORMATION – By purchasing insurance from TIC, a customer provides TIC with his or her consent to the collection, use and disclosure of personal information, including that previously collected, for the following purposes:
The communication with TIC policyholders
The underwriting of policies
The evaluation of claims
The detection and prevention of fraud
The analysis of business results
Purposes required or authorized by law
For the purposes identified, personal information may be disclosed to TIC related or affiliated organizations or companies, and to certain nonrelated or unaffiliated organizations or companies, including service providers. These entities may be located outside Canada therefore a customer's information may be processed in a foreign jurisdiction and their information may be accessible to law enforcement and national security authorities of that jurisdiction. To obtain written information about TIC policies and practices in respect of service providers located outside Canada, please contact Us at 1-888-218-1070 and we will also answer customer's questions about the collection, use, disclosure or storage of their personal information by such TIC service providers. Further information about TIC personal information protection policy may be obtained from the insurer by contacting TIC at 1-888-218-1070.
9. SEVERAL LIABILITY NOTICE – The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.
10. NOTICE – Every action or proceeding against Us for the recovery of insurance benefits payable under this Policy is absolutely barred; unless commenced within the time set out in the Insurance Act of the Policy Holder's province of residence. This transaction is between the Policy Holder and Us. In arranging this transaction described herein, Retailer, by whom the sales associate is employed, is representing Us. The nature and extent of interest of the Retailer in Us is none. The nature and extent of interest of Us in the Retailer is none.
IN BRITISH COLUMBIA ONLY – The following provision is added: "The Financial Institutions Act prohibit Us, the Retailer, or a sales associate from requiring the Policy Holder to transact additional or other business with Us or any other person or corporation as a condition of this transaction."