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Note: The following Terms and Conditions apply to a WaCa Service Contract. |
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Service
Contract - Terms & Conditions |
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This is a legal contract. By purchasing it, you understand
that it is such a contract and acknowledge that you have had the opportunity
to read the terms and conditions set forth herein. These terms and conditions
(“Plan”) together with your sales receipt constitute the entire
agreement.
| 1. |
Plan Provider (Obligor): The company obligated under this
Plan is AIG Warranty Services and Insurance Agency, Inc. (“AIGWS”),
except in Florida, Oklahoma and Wisconsin. AIGWS can be contacted
at 300 Riverside Plaza, Chicago, IL 60606 or (800) 250-3819. In Florida,
the Obligor is New Hampshire Insurance Company, (“NHIC”),
located at 175 Water St, 20th Floor, New York, NY 10038, or (800)
250-3819. In Oklahoma, the Obligor is the dealer. In Wisconsin, the
Obligor is Warranty Corporation of America, located at 3110 Crossing
Park Rd, Norcross, GA 30071. |
| 2. |
Definitions: Throughout this Plan the words, “we”,
“us”, and “our” refer to the Obligor. The
word “dealer” refers to the entity from which you purchased
this Plan. The words “you” and “your” refer
to the Plan holder or the person to whom the Plan was transferred
pursuant to this Plan. The word “product” refers to each
consumer item that is covered by this Plan. |
| 3. |
Term: If you purchased a Plan that includes 4-Hour or 24-Hour
On-Site Service, or a Plan that includes Accidental Damage from Handling
coverage, the term of the Plan begins as of the date of product purchase.
If you purchased any other Plan, the term of the Plan begins after
the expiration date of the shortest portion of the manufacturer’s
warranty. |
| 4. |
Coverage: Coverage begins at the same time as the term of
the Plan, unless noted otherwise in this section below. Depending
on the Plan you have selected, the Plan will repair or replace your
product to standard operating condition after such product has failed
due to normal wear and tear or a defect in either materials or workmanship.
Coverages apply to qualifying products sold in the U.S.A. only. There
is no deductible under this Plan.
| a. |
Replacement Plan: If you have purchased a
Replacement Plan (including coverage for refurbished laptop
computers), your product will be replaced, not repaired. Call
1-888-969-2260 to begin the replacement process.
You will be required to ship the product, at your expense, to
a designated location for inspection. If your product qualifies
for replacement, you will receive, at our discretion, a new
or remanufactured product of like kind and quality, or a gift
certificate equal to the original purchase price of the product,
excluding shipping, handling and taxes. Once the replacement
process is complete for a product, then for that product, this
Plan is fulfilled and coverage ends. If your product is found
to be non-defective, it will be returned to you. |
| b. |
Depot Service: If your product qualifies
for Depot Service, we will mail pre-paid shipping labels to
you that will carry your package to and from the designated
repair location. For new laptop purchases, we will provide a
pre-paid shipping carton instead of labels. |
| c. |
On-Site Service: If On-Site Service is provided
under this Plan, you must provide a safe, non-threatening environment
for our technicians. If repairs cannot be performed on-site,
we reserve the right to transport your product to a repair location
and to pay all shipping and handling costs. On-site service
will be provided during regular business hours, local time,
Monday through Friday, except holidays. ON-SITE SERVICE
IS NOT AVAILABLE FOR PLAN HOLDERS LOCATED IN CALIFORNIA OR NEW
YORK. |
| d. |
Accidental Damage from Handling (“ADH”):
If you purchased ADH coverage, we will cover unintentional and
accidental damage to a product that results from normal and
customary use and handling of the product, such as drops and
liquid spills that render the product inoperable. ADH coverage
is limited to one (1) covered claim per contract term. You will
be required to ship the product to a designated location for
inspection. If the product is repaired under ADH, the other
coverages remain in effect. If the product cannot be repaired,
it will be replaced with a new or remanufactured product of
like kind and quality, or a gift certificate equal to the original
purchase price of the product, excluding shipping, handling
and taxes. If the product is replaced, the Plan is fulfilled
and coverage ends. All shipping charges will be covered by the
Plan. ADH coverage begins on the date of product purchase. |
| e. |
4-Hour or 24-Hour On-Site Service: If you
purchased a Plan that offers either 4-Hour On-Site Service or
24-Hour On-Site Service, please note the following: |
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| i. |
The cost of repair labor is covered as of the date of
product purchase; |
| ii. |
The cost of repair parts is covered after the expiration
date of the manufacturer’s warranty; |
| iii. |
On-site service will be provided during regular business
hours, local time, Monday through Friday, except holidays;
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| iv. |
iv. On-site service cannot be scheduled until the repair
parts have been delivered. Once it has been confirmed
that the required parts have been delivered, all attempts
will be made to establish appointment times as follows:
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| 1) |
4-Hour Service:
a) If the parts confirmation occurs
before noon (12pm) of a business day, every attempt
will be made to get a technician to the repair location
before the close of that business day. If a technician
cannot perform the repair before the close of that
business day, a technician will be at the repair
site by noon (12pm) of the next business day.
b)
If the parts confirmation occurs after noon (12pm)
of a business day, a technician will be dispatched
to perform the repair before noon (12pm) of the
next business day. |
| 2) |
24-Hour Service:
a) If the parts confirmation occurs
before noon (12pm) of a business day, a technician
will be dispatched to the repair location before
noon (12pm) of the next business day.
b) If the parts confirmation occurs
after noon (12pm) of a business day, a technician
will be dispatched to perform the repair before
the close of the next business day. |
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| v. |
Problems resulting from the initial installation of
a product at your location are not covered; |
| vi. |
Refurbished products are not covered; |
| vii. |
THESE SERVICES ARE NOT AVAILABLE TO PLAN HOLDERS
LOCATED IN CALIFORNIA OR NEW YORK. |
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| f. |
Pixel Repair: The Plan provides pixel repair
based on the manufacturer’s guidelines. |
| g. |
No Lemon Guarantee: This guarantee applies
after we have completed three service repairs for the same problem
on an individual product, which problem first began after the
expiration date of the manufacturer’s warranty. If that
product requires a fourth repair, as determined by us, we reserve
the right to replace the product with one of like kind and quality,
not to exceed the original purchase price excluding shipping,
handling and taxes. Once a product is replaced, then for that
product, this Plan is fulfilled and coverage ends. We may ask
you to return the original product to us at our expense. Preventative
maintenance checks, cleanings, product diagnosis, customer education,
accessory repairs or replacements are not considered repairs
for the purposes of the No Lemon Guarantee. |
| h. |
Digital LifeLine™: If this Plan covers
any desktop or laptop computer, Digital Lifelineä (DLL)
is included with your purchase. To download and register DLL
onto your product, logon to http://digitallifeline.com/dll/register
and follow the instructions. If your product fails to operate
properly, please use DLL to perform diagnostics before calling
for assistance. |
| i. |
Power Surge Protection: All Plans other than
Replacement Plans provide power surge protection in the absence
of any other insurance coverage, from the date of product purchase.
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| j. |
International Service: If your product requires
service and is located outside of the U.S.A. or Canada, please
call 01-770-417-2189 or send an e-mail to [email protected].
If the product is still covered by the manufacturer’s
warranty and has been sold with a repair plan, you will need
to contact the manufacturer for service locations worldwide.
If the product is out of the manufacturer’s warranty period,
we will ask you to do the following: 1) locate service in your
area; 2) get an estimate for the repair; 3) get an authorization
from us for the repair; 4) remit payment to the service center;
and 5) send us the invoice. We will reimburse you for the authorized
amount of the claim by issuing a check in U.S. dollars that
will be mailed to an address in the USA or within the U.S. postal
system. If your product was sold with a replacement plan, contact
us by phone or e-mail and we will issue a check to you in U.S.
dollars for the original purchase price of the product, excluding
taxes, shipping and handling, which will be mailed to an address
in the USA or within the U.S. postal system.
5. Registration: It is not necessary to register your product
in order to validate this Plan. |
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| 5. |
Registration: It is not necessary to register your product
in order to validate this Plan. |
| 6. |
Contract Limits of Liability: The combined payments of all
claims for any one product covered under this Plan shall not exceed
the original purchase price of that product excluding shipping, handling
and taxes. If we determine that a product is not repairable, you will
receive, at our discretion, a new or remanufactured product of like
kind and quality, or a gift certificate equal to the original purchase
price of the product, excluding shipping, handling and taxes. If we
replace or reimburse a product after the expiration date of its manufacturer
warranty, then for that product, this Plan is fulfilled and coverage
ends. Each remaining product is covered until it is replaced, its
claim limit is reached, or the Plan expires or otherwise terminates. |
| 7. |
Your Responsibilities: You must follow the instructions
that are in the owner’s manual for proper use, care and maintenance
of your product. Failure to follow the manufacturer’s maintenance
and service guidelines may result in the denial of coverage under
this Plan. We strongly recommend (but do not require as a condition
of this Plan) the regular back up of data and software. This Plan
does not cover the cost of data recovery or any other consequential
or incidental damages. |
| 8. |
Purchaser Records: You may be asked to provide
proof of purchase as a condition for receiving service under this
Plan. YOUR ORIGINAL PURCHASE RECEIPT SHOULD BE KEPT WITH THIS
PLAN IN A SAFE PLACE. |
| 9. |
Claims - If Your Product Needs Service: You may
begin the claim process by calling 1-888-969-2260.
After we authorize your claim, you may arrange for service and we
will pay the reasonable cost for parts and labor that we pre-approve.
Repair service will be available during regular business hours local
time, Monday through Friday excluding holidays, and will be performed
by an authorized service provider. If we determine that your product
cannot be repaired, you will receive, at our discretion, a new or
remanufactured product of like kind and quality, or a gift certificate
equal to the original purchase price of the product, excluding shipping,
handling and taxes. AT OUR OPTION, REPLACEMENTS WILL BE NEW,
REBUILT, OR NON-ORIGINAL MANUFACTURER PARTS OR PRODUCTS THAT PERFORM
TO THE FACTORY SPECIFICATIONS OF THE ORIGINAL PRODUCT. Advances
in technology may result in a replacement product with a lower selling
price than the original. If we replace or reimburse a product after
the expiration date of the manufacturer’s warranty, then for
that product, this Plan is fulfilled and coverage ends. |
| 10. |
Availability of Services: While we try to complete service
as quickly as possible, we are not responsible for delays caused by
factors beyond our control, including but not limited to manufacturer’s
delays, shipment to a service facility or Acts of God. |
| 11. |
Contractual Liability Insurer: If You reside in any of the
following states: AL, AK, AZ, CO, CT, DE, DC, GA, HI, ID, IL, IN,
IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, ND,
OH, OR, PA, RI, SC, SD, TN, TX, UT, VT, WA, WV, WI or WY, this Contract
is secured by a contractual liability insurance policy provided by
Illinois National Insurance Company, 175 Water St, 20th Floor, New
York, NY 10038 and telephone number (800) 250-3819. If, within sixty
(60) days, We have not paid a covered claim, provided you with a refund
or You are otherwise dissatisfied, You may make a claim directly to
the insurance company. If You reside in any of the following states:
AR, CA, FL, MS, OK, NY, NC or VA, this Contract is secured by a contractual
liability insurance policy provided by New Hampshire Insurance Company,
175 Water St, 20th Floor, New York, NY 10038 and telephone number
(800) 250-3819. If, within sixty (60) days, We have not paid a covered
claim, provided you with a refund or You are otherwise dissatisfied,
You may make a claim directly to the insurance company. |
| 12. |
Exclusions - What Is Not Covered: |
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| a. |
a. Computer hardware added after the original purchase; loss
or damage to stored data; external antenna or local reception
problems; |
| b. |
Consumable items such as batteries, bulbs, accessories, attachments
or any other parts or materials that are designed to be consumed
during the life of the product; |
| c. |
Cosmetic defects, damage, or failures of non-operational components
that do not inhibit the proper operation and performance of
the product, such as but not limited to decorative finishing,
handles, knobs, cracked cases and broken hinges; |
| d. |
d. Costs or damage resulting from: 1) improper electrical
wiring and connections; 2) unauthorized modifications, alterations,
repairs or repair personnel; 3) use in any combinations not
approved in the manufacturer’s specifications; 4) products
or product components used for public or commercial leasing
purposes; 5) liquid immersion of any kind; |
| e. |
Disruption of any product function due to a manufacturer design
flaw or defect which results in a manufacturer recall; |
| f. |
Loss and/or theft of the product; |
| g. |
Loss or damage caused by any physical object or force external
to the product, including but not limited to general environmental
conditions, negligence, misuse, abuse; vandalism, or Acts of
God; |
| h. |
Loss or damage to the product either while in storage or in
the course of transit, delivery, or redelivery; |
| i. |
i. Personal computer monitor screen imperfections, including
but not limited to: 1) loss of brightness over time caused by
degradation of phosphors ; or 2) burn-in or burned phosphor,
caused by video games or prolonged display of image signals; |
| j. |
Products whose serial number has been altered or removed; |
| k. |
Repair or replacement as a result of conditions that existed
prior to your purchase and delivery of the product or the Plan;
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| l. |
Repair or replacement due to failure to properly install,
setup, operate, maintain, or clean the product in accordance
with local codes and the manufacturer’s printed instructions; |
| m. |
Routine preventive maintenance, cleaning, or tune-ups; minor
adjustments and settings outlined in the product owner's manual
that the user can perform; costs related to any service request
which results in customer education or no problem found; |
| n. |
Services covered by any other warranty, service agreement,
insurance policy or manufacturer recall in effect at the time
of the failure; |
| o. |
Special, indirect, or consequential damages or loss, due to:
1) computer software or viruses; 2) an inaccessible product
or part; 3) loss of use; 4) personal items left in the product
to be repaired or replaced; |
| p. |
Unless ADH coverage has been purchased, we will not cover
product failures due to an unexpected and unintentional external
event (drop or liquid spill) that arises from your normal daily
usage of the product.; |
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| 13. |
Renewal: This Plan is not renewable. |
| 14. |
Transfer: This Plan may be transferred to an eligible party
to whom you sell or give all products under the Plan while it is in
force. For more information, please call 1-888-969-2260,
or send your request in writing within fifteen (15) days of transfer
to the administrator’s address cited below. Include your name
and Plan number, and the name, address and phone number of the new
owner. |
| 15. |
Cancellation: You may cancel this Plan for any reason at
any time. To cancel it, submit your request in writing to the administrator
at the address cited below. If you cancel this Plan within thirty
(30) days of receipt of this Plan, and we have not paid a claim, you
will receive a full one hundred percent (100%) refund of the original
Plan purchase price, excluding taxes. If you cancel this Plan after
thirty (30) days of its delivery, or at anytime after we pay a claim,
you will receive a pro rata refund of the Plan price based on the
number of days remaining, less any claims that have been paid, less
a cancellation fee of either twenty-five dollars ($25) or ten percent
(10%) of the Plan price, whichever is less. Neither the dealer nor
we can cancel this Plan except in the event of your fraud, material
misrepresentation or failure to pay the Plan price. |
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If You reside in one of the following states, these provisions
apply to You:
Arizona: If your written notice of cancellation is received
prior to the expiration date, the administrator shall refund the remaining
pro-rata price, regardless of prior services rendered under this Plan.
The pre-existing condition exclusion does not apply to conditions
occurring prior to the sale of the consumer product by the Obligor,
its assignees, subcontractors and/or representatives.
California: For all products other than home appliances and
home electronic products, the Cancellation provision is amended as
follows: If the Plan is cancelled: (a) within sixty (60) days of the
receipt of this Plan, you shall receive a full refund of the price
paid for the Plan provided no service has been performed, or (b) after
sixty (60) days, you will receive a pro rata refund, less the cost
of any service received.
Connecticut: The expiration date of this Plan shall automatically
be extended by the duration that the product is in our custody being
repaired. In the event of a dispute with the administrator, you may
contact the State of Connecticut Insurance Department, PO Box 816,
Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint
must contain a description of the dispute, the purchase price of the
product, the cost of repair of the product and a copy of the Plan.
Florida: The Plan shall be cancelled by us for fraud
or material misrepresentation, including but not limited to commercial
or rental use. Unauthorized repair or replacement of covered equipment
shall result in the cancellation of the Plan by us. In the event of
cancellation by us, written notice of cancellation shall be mailed
to you not less than sixty (60) days before cancellation is effective.
This Plan can be cancelled by you at any time for any reason by emailing,
mailing or delivering to us notice of cancellation. If the Plan is
cancelled: (a) within thirty (30) days of the receipt of the Plan,
you shall receive a full refund of the price paid for the Plan provided
no service has been performed, or (b) after thirty (30) days, you
will receive a refund based on 100% of unearned pro rata premium less
any claims that have been paid or less the cost of repairs made by
us. If we cancel the Plan, the return premium is based upon 100% of
the unearned pro rata premium.
Georgia: This Plan shall be non-cancelable by us except for
fraud, material misrepresentation, or failure to pay consideration
due therefore. The cancellation shall be in writing and shall conform
to the requirements of Code 33-24-44. You may cancel at any time upon
demand and surrender of the Plan and we shall refund the excess of
the consideration paid for the Plan above the customary short rate
for the expired term of the Plan. The Plan excludes coverage for incidental
and consequential damages and pre-existing conditions only to the
extent such damages or conditions are known to you or reasonably should
have been known to you.
Illinois: If you cancel after thirty days, you will
receive a pro rata refund of the Plan price based on the days remaining,
less any claims that have been paid.
Kansas: This Plan is not an insurance policy.
Nevada: This Plan is not an insurance policy. You are entitled
to a “Free Look” period for this Plan. If you decide to
cancel this Plan within thirty (30) days of purchase, you are entitled
to a one hundred percent (100%) refund of any fees paid. If you cancel
this Plan after thirty (30) days from purchase, you will receive a
pro rata refund based on the days remaining, less a cancellation fee
of twenty-five dollars ($25) or ten percent (10%) of the Plan fee,
whichever is less. If we fail to pay the cancellation refund within
forty-five (45) days of your written request, we will pay you a penalty
of ten percent (10%) of the purchase price for each thirty (30) day
period or portion thereof that the refund and any accrued penalties
remain unpaid. We can cancel this Plan due to unauthorized repairs
which result in a material change in the nature or extent of the risk,
occurring after the first effective date of the current Plan, which
causes the risk of loss to be substantially and materially increased
beyond that contemplated at the time the Plan was issued or last renewed.
If we cancel this Plan, no cancellation fee will be imposed and no
deduction for claims paid will be applied.
New Mexico: If this Plan has been in force for a
period of seventy (70) days, we may not cancel before the expiration
of the Plan term or one (1) year, whichever occurs first, unless:
(1) you fail to pay any amount due; (2) you are convicted of a crime
which results in an increase in the service required under the Plan;
(3) you engage in fraud or material misrepresentation in obtaining
this Plan; (4) you commit any act, omission, or violation of any terms
of this Plan after the effective date of this Plan which substantially
and materially increase the service required under this Plan; or (5)
any material change in the nature or extent of the required service
or repair occurs after the effective date of this Plan and causes
the required service or repair to be substantially and materially
increased beyond that contemplated at the time you purchased this
Plan.
North Carolina: The purchase of this Plan is not required either
to purchase or to obtain financing for a home appliance.
Oklahoma: THIS PLAN IS NOT ISSUED BY THE MANUFACTURER OR WHOLESALE
COMPANY MARKETING THE PRODUCT COVERED BY THIS PLAN. THIS PLAN WILL
NOT BE HONORED BY SUCH MANUFACTURER OR WHOLESALE COMPANY. IF EITHER
YOU OR WE CANCEL THIS PLAN, THE RETURN OF THE PLAN PRICE WILL BE BASED
UPON ONE HUNDRED PERCENT (100%) OF THE UNEARNED PRO RATA PRICE OF
THE PLAN, LESS THE COST OF ANY SERVICE RECEIVED. THE DEALER IS THE
OBLIGOR UNDER THIS PLAN.
South Carolina: To prevent any further damage, please refer
to the owner’s manual. In the event the Plan provider does not
provide covered service within sixty (60) days of proof of loss by
the Plan holder, you are entitled to apply directly to the insurance
company. If the insurance company does not resolve such matters within
sixty (60) days of proof of loss, you may contact the South Carolina
Department of Insurance, PO Box 100105, Columbia, SC 29202-3105, or
(800) 768-3467.
Texas: If you purchased this Plan in Texas, unresolved complaints
concerning a provider or questions concerning the registration of
a Plan provider or administrator may be addressed to the Texas Department
of Licensing and Regulations, PO Box 12157, Austin, TX 78711 or (512)
463-2906 or (800) 803-9202. You may apply for reimbursement directly
to the insurer if a refund or credit is not paid before the forty-sixth
(46th) day after the date on which the Plan is returned to the provider.
Utah: Coverage afforded under this Plan is not guaranteed by
the Utah Property and Casualty Guarantee Association. If we cancel
this Plan due to fraud or material misrepresentation, you will be
notified thirty (30) days prior to Plan cancellation. If we cancel
this Plan due to nonpayment, you will be notified ten (10) days prior
to Plan cancellation.
Washington: You may make a claim directly to the
insurance company at any time.
Wisconsin: THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION
BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE.
This Plan shall not be cancelled nor can coverage be denied due to
unauthorized repair of the covered equipment, unless we are prejudiced
by your failure to obtain such authorization. If you cancel this Plan,
no deduction shall be made from the refund for the cost of any service
received. Warranty Corporation of America is the Obligor under this
Plan. This Plan is backed by a contractual liability insurance policy
with limits of liability of five thousand dollars ($5,000) per claim
and twenty-five thousand dollars ($25,000) in aggregate per Plan.
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Administered by:
Warranty Corporation of America
3110 Crossing Park Rd., Norcross, GA 30071
Toll-Free Customer Service: 1-888-969-2260 |
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