Administrator: Warranty Concepts Inc. DBA Ensure Protect
1604 Dell Ct. San Jose, CA 95118
(800) 928-3125
AGREEMENT – Satellite and Cable Box Consumer Electronics Program This Agreement is not a Contract of Insurance
PLEASE READ THIS AGREEMENT CAREFULLY. It describes the protection you will receive in return for payment by You. You must keep this Agreement, Your sales invoice and receipt for the product You purchased.
They are integral parts of this Agreement and You may be required to produce them to obtain service. You must maintain the covered product as recommended by the manufacturer’s owner’s manual or product warranty. Refer to the face of this Agreement, or the Declarations Page of this Agreement, or Your sales invoice or receipt to determine the term of this Agreement, whether You purchased a Replacement or Repair Plan, and if there is a deductible required to obtain service.
NOTICE: Any person who knowingly and with intent to injure, defraud or deceive any insurer and files a statement of claim or any application containing false, incomplete or misleading information is guilty of a felony of the third degree.
- DEFINITIONS:
(1) “We”, “Us” and “Our” mean the company obligated under this Agreement, the “Obligor,” as follows:
(a) Plateau Service Company, 2701 N. Main Street, Crossville, TN 38555, is the Obligor in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.
(b) Plateau Casualty Insurance Company, 2701 N. Main Street, Crossville, TN 38555, is the Obligor in Georgia and Oklahoma.
(c) The Retailer from which you purchased the Covered Product, is the Obligor in Connecticut, New York, North Carolina
[(d) Coverage under this Agreement is not yet available in District of Columbia, Hawaii, New Hampshire, and Wyoming.]
(e) Plateau Warranty Company, 2701 N. Main Street, Crossville, TN 38557, is the Obligor in Florida.
(2) “You” and “Your” mean the entity that purchased coverage as outlined in this Agreement, and any authorized transferee/assignee of the purchaser
(3) “Administrator” means Warranty Concepts Inc, DBA Ensure Protect 1604 Dell Ct. San Jose, CA 95118 (800) 928-3125
(4) “Covered Product” means the product covered by this Agreement;
(5) “New Product” means that there has been no prior owner of the Covered Product and the product has a full manufacturer’s warranty as of the effective date of this Agreement.
(6) “Used Product” means any Covered Product that is not a New Product.
(7) “Deductible” means that coverage provided under this Agreement may be subject to a deductible per claim request on each Covered Product. The Deductible will be indicated on the Declarations Page;
(8) “Selling Retailer, Entity or Agent means the entity selling the Covered Product or Program.
(9) “Program” is defined below as B.
- REPAIR PLAN:
(1) Term: The term of this Agreement begins on the date of purchase and continues for the period indicated on the Declarations Page, sales invoice or receipt, unless otherwise indicated herein. You will be contacted 30 days from the expiration of the coverage to renew the plan at its full coverage. If we are not able to contact you to renew the coverage you will still be covered for basic coverage with the monthly maintenance fee you are billed monthly for however, this does not carry the same coverage and requires a deductible of $49.99 per each claim without the renewal. If you do not pay the monthly maintenance fee coverage will expire 36 months from the date of purchase indicated on the Declarations Page, sales invoice or receipt, unless otherwise indicated. Coverage for Mechanical Breakdown and covered defects is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the event the Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
- Coverage: We will repair or replace the Covered Product, at Our discretion, due to a mechanical or electric breakdown, including those experienced during normal wear and tear, and as indicated on your receipt and /or Declaration page. We will reimburse you up to $99.99 per occurrence if you provide proof of technical service cost on your satellite provider bill. The bill copy must be received by the administrator within sixty, (60) days of the service call date. We do not cover service calls for reasons such as system relocation, address moved, cosmetics, or wires being fished or receiver locations being moved. Additionally, the following items are covered:
- All connectors, cables, fittings, barrel clips, and pipe adapters
- The satellite dish, LNB and switch
- Up to one (1) remote per year
- Limit of Liability: Our limit of liability for the Covered Product under the Repair Plan is the lesser of the cost of replacing the Covered Product or three (3) repairs to the Covered Product. Upon replacement, there is no longer any obligation for the replaced product under this Agreement. Service costs, trip charges, breakdown charges, inspection fees or estimate charges for repairs not covered under this agreement are your responsibility. This Agreement shall expire upon replacement of the Covered Product or issuance of a compensation check in lieu of replacement.
- No Lemon Policy: During the term of this Agreement, and subject to Our limit of liability, after three (3) service repairs have been completed on the same component of an individual Covered Product and that Covered Product component requires a fourth repair, as determined by Us, We will replace it with a product of comparable performance. Upon replacement, there is no longer any obligation for the replaced product under this Agreement.
(5) How to Get Service: You must contact the Administrator for the appropriate authorized service center. Call (800) 928-3125. All repairs must be authorized by the Administrator prior to performance of work. Claims on unauthorized repairs may be denied. Many oversights, which are not covered under this Agreement, can be due to simple circumstances such as the Covered Product not being switched on, being unplugged, a fuse blown at the junction box, or using dead batteries. For a Covered Product that uses batteries as the prime power supply, check that the batteries do not need replacing or recharging. If You refuse service on a covered item after We have dispatched the repair servicer to Your location, You will be billed for that servicer’s applicable trip charge.
(6) Service Deliverables: There may be a deductible required to obtain service for Your Covered Product as indicated on the Declarations Page of this Agreement. You will receive service on Your Covered Product as described below and as indicated on the Declarations Page of this Agreement, • Carry-In, Unless otherwise provided in this Agreement, Covered Products must be delivered and picked up by You at Our authorized service center during normal business hours. • Depot, We will provide 3-way shipping to and from a depot service center of Our choice. • In-Home, Service will be performed in Your home as indicated on the Declarations Page of this Agreement, or on Your sales receipt or invoice provided You have fulfilled the following provisions, (1) accessibility to the product, (2) a non-threatening and safe environment, and (3) an adult over the age of 18 to be present for the period of time Our authorized technician is scheduled for service and while Our authorized technician is on Your property servicing Your Covered Product. In-Home Service will be provided by the authorized service provider during regular business hours, local time, Monday through Friday, except holidays. The authorized service center may opt to remove the Covered Product to perform service in-shop. Your Covered Product will be returned upon completion. 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 and are Your responsibility.
- WHAT IS NOT COVERED: (A) Products not covered by a manufacturer’s warranty at the time of manufacturing; (B) product repairs that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs; (C) cleaning; periodic checkups; preventive maintenance; (D) any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold “AS-IS” including but not limited to floor models, demonstration models, etc; (E) parts or repairs due to normal wear and tear unless tied to a breakdown and parts normally designed to be periodically replaced by You during the life of the product, including but not limited to wax and board covers etc.; (F) damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; failure to follow the manufacturer’s instructions; third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood;; acts of God or consequential loss of any nature; (G) loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; (H) incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts; (I) any product used in a rental basis; (J) failures that occur outside of the 50 states of the United States of America and the District of Columbia; (K) non-functional or aesthetic parts including but not limited to plastic parts, knobs, rollers, baskets; scratches, peeling & dents; (L) unauthorized repairs and/or parts; (M) cost of installation, setup, diagnostic charges, removal or reinstallation of the Covered Product, except as provided herein; (N) accessories used in conjunction with a Covered Product; (O) any other loss other than a covered breakdown; (P) service where no problem can be found; noises; squeaks; breakdowns that are not reported during the term of this Agreement; (Q) Damage to Covered Product(s) that were not stored securely or properly to prevent damage; (R) additional exclusions specific to the Covered Product: (S) Damage(s) to covered product if caused while being used professionally, or during rental. This program is intended to cover failures during personal recreational use.
Specific to Electronics: In addition to any applicable exclusions listed above, this Agreement only covers the operating condition of Your Covered Product and does not cover (1) non-operating or external parts, e.g. protective glass, housings, insulation, conduit, frames, cabinets, knobs, dials, drawers, handles, shelves, doors, hinges, light bulbs, projection bulbs, filters, (2) any installed accessory item, (3) any antennae or antennae system, any expansion of the channel or frequency range capabilities of the Covered Product, circuit adjustments required to receive any particular station, service or adjustments due to changes in external power and power connectors and connections, reception or normal signal, (4) Speakers, headphones., (5) damage caused by or due to overheating caused by accumulation of dust, vermin or fan blockage, misuse and abuse, and (6) any storage media damaged by malfunctioning parts, improper installation of components or peripherals, repair or replacement of upgraded components when repair or replacement is required due to incompatibility of parts or incorrect installation.
IN NO EVENT SHALL THE COMPANY OR ANY OF THE COMPANY’S AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS AGREEMENT WILL NOT COVER A BREAKDOWN OR DAMAGE NOT SPECIFICALLY LISTED UNDER “WHAT IS COVERED”.
- CONDITIONS:
(1) Arbitration Provision: Any dispute, controversy or claim (collectively “Claims”) arising out of or relating to this Agreement, including but not limited to Claims arising out of or relating to any underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in effect at the time the arbitration is commenced, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. You and We also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Any such arbitration shall be held in Cumberland County, Tennessee, unless You and We mutually agree on a different location. We shall select and notify You of Our selection for the first arbitrator and within ten (10) days of Your having received notice of said selection, You shall notify Us of Your selection for the second arbitrator. A third arbitrator shall be selected by the arbitrators named by the aforementioned parties. Each party shall be responsible for its own costs and expenses, but the costs and expenses of the third arbitrator shall be shared by You and Us. You and We understand and agree that this Agreement and the transactions contemplated hereby will have a material connection to interstate commerce and intend that the Federal Arbitration Act applies hereto. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. Nothing herein is intended or should be construed as consent to class-action or representative arbitration. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. This Paragraph F(1) shall survive the termination of this Agreement.
The following additional terms and conditions apply only to Agreements purchased in the states indicated below and shall govern to the extent of any express conflict with a provision of this Paragraph F(1) above. For Agreements purchased over the telephone or Internet, refer to the state in which You reside.
(a) Alabama Only. The arbitration shall be held in the county in which You live and in the state of Alabama.
(b) California Only. Pursuant to California Civil Code sections 51.7 and 52.1, the option to arbitrate is solely in the discretion of the contract holder. If arbitration is elected, this does not waive the rights of California consumers to file and pursue civil action or complaints. If any statement in this Agreement contradicts this clause, this clause shall take precedence.
(c) Oklahoma Only. Paragraph (1) of Section F (Arbitration Provision) is revised so as not to require that arbitration proceedings be brought in a state other than Oklahoma.
(d) Oregon Only. Any award rendered in accordance with this Agreement’s Arbitration Provision shall be a nonbinding award against You, provided that You reject the arbitration decision in writing to Us within forty-five (45) days of the arbitrator’s award. Any arbitration occurring under this Agreement shall be administered in accordance with the Arbitration Rules referenced above unless any procedural requirement of the Arbitration Rules is inconsistent with the Oregon Uniform Arbitration Act in which case the Oregon Uniform Arbitration Act shall control as to such procedural requirement.
(e) Utah Only. ANY MATTER IN DISPUTE BETWEEN YOU AND US MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, A COPY OF WHICH IS AVAILABLE ON REQUEST FROM US. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND US. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY’S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION. THE ARBITRATION WILL TAKE PLACE IN THE SAME DISTRICT AS THE STATE TRIAL COURT OF GENERAL JURISDICTION IN WHICH THE PROPERTY COVERED BY THIS AGREEMENT IS LOCATED.
(f) Wisconsin Only. Unless You decide to file a claim solely in Your individual capacity in Wisconsin small claims court and notify Us in advance of Your decision to do so, any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this contract or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. You may elect to have any arbitration under this Agreement held in the state of Wisconsin or within the jurisdiction in which the Covered Product is located. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable.
(g) Wyoming Only. At the time of any dispute, the parties hereto may agree to resolve their difference by arbitration in a separate written agreement. Any lawsuit or arbitration proceeding shall be conducted within the county in the State of Wyoming where You reside or where the events giving rise to the dispute occurred.
(2) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any conflict of law rule or provision thereof that would result in the application of laws of any other jurisdiction. Subject to Paragraph (1) of Section F (Arbitration Provision), each party hereby submits to the exclusive jurisdiction of the courts of the federal and state courts located in Cumberland County, Tennessee, and waives any objection to venue with respect to actions brought in such courts.
(3) Inspection and Audits: We have the right but are not obligated to conduct inspections and audits at any and all facilities operated or owned by You, where the Covered Product is used or stored. Any such inspection or audit shall relate only to the eligibility for coverage of the Covered Product and/or determinations as to specific claims made under this Agreement.
(4) Subrogation: If We pay for a Mechanical or Electrical Breakdown, We may require You to assign Us Your rights of recovery against others. We will not pay for a Mechanical or Electrical Breakdown if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
(5) Termination: Either party may terminate this Agreement for any reason or for no reason at all, by giving the other party thirty (30) days written notice, and You will receive a pro-rated refund of any remaining premium less claims that have already been paid.
(6) Territory: The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canadian Provinces or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
(7) Transferability: This Agreement is non-transferable.
(8) Guaranty: The obligations of the Obligor under this Agreement are insured under a service contract reimbursement insurance policy issued by Plateau Casualty Insurance Company, 2701 N. Main Street, Crossville, TN 38555 (the “insurer”). In all states in which coverage is available and in which the Retailer is not the Obligor, You are entitled to make a direct claim against the insurer in the event We fail to pay any claim within sixty (60) days after the claim has been filed with Us.
- ADDITIONAL TERMS AND CONDITIONS: The following additional terms and conditions apply only to Agreements purchased in the states indicated below and shall govern to the extent of any express conflict with a provision above. For Agreements purchased over the telephone or Internet, refer to the state in which You reside.
Alabama, Arkansas, Louisiana, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, South Carolina, Virginia, Washington and Wyoming Only. If no claim has been made under this Agreement, You have the right to return this Agreement within twenty (20) days of the date this Agreement was mailed to You, or within ten (10) days of delivery if this Agreement was delivered to You at the time of sale. In such a case, this Agreement will be void and We will refund to You the full amount of the purchase price of this Agreement. This right to void this Agreement is not transferable and applies only to the original Agreement purchaser.
Alabama, Arkansas, Hawaii, Louisiana, Maryland, Minnesota, Missouri, Nevada, New Jersey, South Carolina, Texas, Virginia and Wyoming Only. A 10% penalty per month will be added to a refund that is not made within forty-five (45) days of return of this Agreement to Us.
California, New York and Washington Only. A 10% penalty per month will be added to a refund that is not made within thirty (30) days of return of this Agreement to Us.
Florida and Oklahoma Only. If You cancel this Agreement, return of premium will be based upon 90% of unearned pro rata premium less any claims that have been paid or less the cost of repairs on Your behalf. If We cancel this Agreement, return of premium will be based upon 100% of unearned pro rata premium less any claims paid or the cost of repairs made on Your behalf.
Maryland and Vermont Only. If no claim has been made under this Agreement, You have the right to return this Agreement within twenty (20) days of the date this Agreement was mailed to You or delivered to You at the time of sale. In such a case, this Agreement will be void and We will refund to You the full amount of the purchase price of the Agreement. This right to void this Agreement is not transferrable and applies only to the original Agreement purchaser.
Nevada and New Mexico Only. We will not cancel this Agreement, if it has been in effect for at least seventy (70) days, before the expiration of the Agreement term or one (1) year after the effective date, whichever occurs first except for: (a) failure by You to pay any amount under this Agreement when due; (b) Your conviction of a crime which results in an increase in the service required under this Agreement; (c) discovery of fraud or material misrepresentation by You in obtaining this Agreement, or in presenting a claim under this Agreement; or, (d) Your act or omission, or Your violation of any condition of this Agreement, the discovery of which occurs after the effective date of this Agreement and which substantially and materially increases the service required under this Agreement. Cancellation of this Agreement as permitted hereunder is effective fifteen (15) days after We mail the cancellation notice to You.
Alabama Only.
If You submit a written request to cancel this Agreement, You will be provided a pro rata refund of the Agreement’s full purchase price less an administrative fee of up to $25. If We cancel this Agreement, per Code of Alabama §8-32-5(k) Our notice shall state the effective date of the cancellation and the reason for the cancellation.
Paragraph (2) of Section F (CONDITIONS) is replaced with the following:
(2) This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama.
Arizona Only.
We will not cancel this Agreement for preexisting conditions that were known or that reasonably should have been known by Us. A preexisting condition will not be excluded under this Agreement if such condition were known or should reasonably have been known by Us. We will not cancel or void this Agreement due to acts or omissions of Us or Our assignees or subcontractors for Our or their failure to provide correct information or Our or their failure to perform the services or repairs provided in a timely, competent and workmanlike manner.
Paragraph (6) of Section E (WHAT IS NOT COVERED) is replaced with the following:
(6) damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; or failure to follow the manufacturer’s instructions, while owned by You;
California Only. If You cancel this Agreement within sixty (60) days from when You receive this Agreement (the “First 60 Days”), You will receive a refund or credit for the full Agreement purchase price unless You had a Covered Claim during the First 60 Days. In the event You had a Covered Claim during the First 60 Days, or You cancel this Agreement after the First 60 Days, Your refund will be the greater of the full Agreement purchase price paid less the cost of any Covered Claim or 100% of the pro-rata unearned portion of the Agreement purchase price paid, if any, based upon elapsed time.
Connecticut Only. We and You will make reasonable efforts to resolve disputes over the terms of this Agreement. In the event that We and You cannot reach agreement, You may mail a formal written complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn. Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the Covered Product, the cost of repair of the Covered Product, and a copy of this Agreement (including receipt and application).
District of Columbia Only. We may cancel this Agreement upon five (5) days prior written notice to You; except, that prior notice shall not be required if the reason for cancellation is nonpayment of the Agreement purchase price, a material misrepresentation by You to Us, or a substantial breach of duties by You relating to the Covered Product or its use.
Florida Only. The rate charged for this Agreement is not subject to regulation by the Florida Office of Insurance Regulation.
Georgia Only. We may cancel this Agreement only for fraud, material misrepresentation, or failure to pay. You may cancel this Agreement at any time upon demand and surrender of the Agreement, in which case We will refund the excess of consideration paid above the customary short rate for the expired term of the Agreement.
Hawaii Only. If no claim has been made under this Agreement, You have the right to return this Agreement within thirty (30) days of the date this Agreement was mailed to You, or within twenty (20) days of delivery if this Agreement was delivered to You at the time of sale. In such a case, this Agreement will be void and We will refund to You the full amount of the purchase price for this Agreement. This right to void this Agreement is not transferrable and applies only to the original Agreement purchaser.
Illinois Only. If You cancel this Agreement within thirty (30) days after You purchase this Agreement and no service has been provided, We will refund the total cost of this Agreement less a cancellation fee. At any other time, You will be provided a pro rata refund for the unexpired term of this Agreement, based upon the elapsed term of this Agreement less the value of any service received and a cancellation fee. No cancellation fee will exceed the lesser of 10% of the Agreement price or $50.
Iowa Only. The issuer of this Agreement is subject to regulation by the insurance division of the department of commerce of the State of Iowa. Complaints which are not settled by the issuer may be sent to the insurance division.
Michigan Only. If the performance of this Agreement is interrupted because of a strike or work stoppage, the effective period of this Agreement shall be extended by the period of the strike or work stoppage.
New Hampshire Only. In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire insurance department, at 21 South Fruit Street, Suite 14, Concord, NH 03301, or (603) 271-2241.
Nevada Only.
Paragraph (2) of Section E (WHAT IS NOT COVERED) is replaced with the following:
(2) If repair or replacement is covered by any other warranty, service agreement, insurance policy or manufacturer recall in effect at the time of the failure, this Agreement provides coverage for such product once the limits of any existing other contract, warranty or insurance policy covering such product are reached. Further, this Agreement covers any other components of such product which are specifically identified as covered in this Agreement and which are not covered by any other contract, warranty, or insurance policy.
Paragraph (6) of Section C (WHAT IS NOT COVERED) is replaced with the following:
(6) damage from abuse, misuse, mishandling, or introduction of foreign objects into the Covered Product; or failure to follow the manufacturer’s instructions;
Paragraph (21) is added to Section C (WHAT IS NOT COVERED), to read as follows:
(21) any unauthorized or non-manufacturer-recommended modifications to the Covered Product, or any damages arising from such unauthorized or non-manufacturer-recommended modifications; however, if the Covered Product is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage; rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer-recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement.
The first sentence of Paragraph (2) of Section F (CONDITIONS) is replaced with the following:
(2) This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any conflict of law rule or provision thereof that would result in the application of laws of any other jurisdiction.
In the event of cancellation, You will be provided a pro rata refund less any outstanding balance on Your account. If You are not satisfied with the manner in which We are handling Your claim under this Agreement, You may contact the Nevada Division of Insurance toll-free at (888) 872-3234.
New Mexico Only. A 10% penalty per month will be added to a refund that is not made within sixty (60) days of return of this Agreement to Us.
North Carolina Only. The purchase of this Agreement is not required either to purchase or obtain financing for a home appliance. We may only cancel this Agreement for nonpayment or for Your direct violation of any Agreement provision. You may cancel this Agreement at any time after purchase and receive a pro rata refund less any claims paid and an administrative fee of up to 10% of the pro rata refund.
Oklahoma Only. We are licensed by the Oklahoma Insurance Department as a property and casualty insurer, License No. 44197913. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association. Also, Oklahoma’s service warranty statutes do not apply to any commercial use references in service warranty contracts.
Oregon Only. Weekend, holiday and evening service will be performed only in the event of a Mechanical or Electrical Breakdown of a Covered Product, for which repair is prescribed under this Agreement, which is essential to Your health and safety (“Emergency Repair”). An event will qualify for Emergency Repair if the emergency renders the Covered Product unfit for a person to use because of defects that immediately endanger the health and safety of the user of the Covered Product.
In the case of an Emergency Repair, You will not be required to obtain Our prior authorization for service. Only in the case of an Emergency Repair, You may directly contact a qualified and insured service provider to obtain service in the event of failure or malfunction of a Covered Product, for which repair is prescribed under this Agreement. Upon completion of the service, the service provider must provide You an itemized invoice for the charges. You should try to find a service provider who will charge a fair and reasonable cost for parts and labor as You will be responsible for paying the service provider directly for the services rendered, including the Deductible or similar charge up to the Deductible, as well as all costs over and above those charged during normal business hours such as overtime. You will then submit the itemized invoice to Us for reimbursement up to the limit of coverage under this Agreement. Please call the Administrator at 866 4 RIIDES or (866 474-4337) to find out the best way to submit the paid invoice to Us; or, You may submit the paid invoice by mailing it to the Administrator at 1604 Dell Court, San Jose, CA 95118 with an explanation of the emergency, when it occurred, Your name, Your account number and Your contact information. We may need to contact You for further information.
South Carolina Only. In the event of a dispute with the provider of this Agreement, You may contact the South Carolina Department of Insurance, at Capitol Center, 1201 Main Street, Ste. 1000, Columbia, SC 29201, or (800) 768-3467.
Tennessee Only. This Agreement is automatically extended while the Covered Product is being repaired.
Texas Only. We are registered in Texas under Texas Department of Licensing and Regulation (TDLR) Registration No. 660. We may elect not to renew this Agreement upon thirty (30) days written notice to You. We will credit to Your account the full purchase price of the Agreement, decreased by the amount of any claims paid under the Agreement. Upon any termination or cancellation by You or Us, You will have coverage provided at no additional cost from the date of termination or cancellation plus an additional thirty (30) days. Unresolved complaints concerning providers and administrators or questions concerning the regulation of providers may be addressed to the TDLR, at P.O. Box 12157, Austin, TX 78711 or (512) 463-2906 or (800) 803-9202.
Utah Only.
This service contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Property and Casualty Guaranty Association.
Weekend, holiday and evening service will be performed only in the event of a Mechanical or Electrical Breakdown of a Covered Product, for which repair is prescribed under this Agreement, which is essential to Your health and safety (“Emergency Repair”). An event will qualify for Emergency Repair if the emergency renders the Covered Product unfit for a person to use because of defects that immediately endanger the health and safety of the user of the Covered Product.
In the case of an Emergency Repair, You will not be required to obtain Our prior authorization for service. Only in the case of an Emergency Repair, You may directly contact a qualified and insured service provider to obtain service in the event of failure or malfunction of a Covered Product, for which repair is prescribed under this Agreement. Upon completion of the service, the service provider must provide You an itemized invoice for the charges. You should try to find a service provider who will charge a fair and reasonable cost for parts and labor as You will be responsible for paying the service provider directly for the services rendered, including the Deductible or similar charge up to the Deductible, as well as all costs over and above those charged during normal business hours such as overtime. You will then submit the itemized invoice to Us for reimbursement up to the limit of coverage under this Agreement. Please call the Administrator at (800) 343-9353 to find out the best way to submit the paid invoice to Us; or, You may submit the paid invoice by mailing it to the Administrator at 1604 Dell Court, San Jose, CA 95118 with an explanation of the emergency, when it occurred, Your name, Your account number and Your contact information. We may need to contact You for further information.
Paragraph (2) of Section D (CONDITIONS) is replaced with the following:
(2) This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.
Paragraph (5) of Section D (CONDITIONS) is replaced with the following:
(5) We may cancel this Agreement at any time for any reason, if this Agreement has not been previously renewed, and if this Agreement has been in effect less than sixty (60) days when the written notice of cancellation is mailed or delivered. After this Agreement has been in force for sixty (60) days, this Agreement may be cancelled by Us for the following reasons: (a) nonpayment of premium when due; (b) mutual agreement of Us and You; (c) material misrepresentation; (d) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into this Agreement; or (e) substantial breaches of contractual duties, conditions, or warranties. Cancellation for these reasons, except cancellation for nonpayment of premium, is effective no sooner than thirty (30) days after the delivery or first-class mailing of a written notice to You. Cancellation for nonpayment of premium is effective no sooner than ten (10) days after delivery or first class mailing of a written notice to You. If We cancel this contract within the first thirty (30) days you will NOT be charged an administrative fee, and You shall be entitled to a refund of the paid premium less any service (claims) costs that were incurred by Us. If We cancel this contract after the thirtieth (30th) day from contract effective date, You shall be entitled to a pro rata refund of the paid premium for the unexpired term, less: (a) an administrative fee of up to $45 (where permitted by law); and (b) any service (and claims) costs that were incurred by Us.
Virginia Only. If any promise made in this Agreement has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Washington Only. We may cancel this Agreement upon twenty-one (21) days prior written notice to You.
Wisconsin Only. THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE. This Agreement will only be cancelled for material misrepresentation, substantial change in the risk assumed, or a substantial breach of contractual duties, conditions or warranties. You may, within fifteen (15) calendar days of the delivery of this Agreement, reject and return this Agreement for a full refund less actual costs or charges needed to issue and service this Agreement. If You cancel this Agreement at any time during the coverage period, claims will not be considered when calculating any refund due.
NOTICE: All Plans associated with Protection Plan Center fee are subject to change at any time. Including but not limited to upfront prices, shipping and handling, monthly maintenance fees and or any other fees associated with any of our products. Please be sure to check for updates at protectionplancenter.com/tc for the latest pricing.
Attention: All credit card transactions will automatically be charged a 4% credit card surcharge.