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1. DEFINITIONS
A.
"Obligor", "We", "Us" and "Our" mean the company obligated under this
Agreement, National Product Care Company, [175 West Jackson Blvd, Chicago,
Illinois 60604], except in Arizona, Florida, Oklahoma and Wisconsin, where
it is SERVICE SAVER , INCORPORATED, 175 West Jackson Blvd, Chicago, Illinois
60604, (800) 209-6206; in Florida, the license number is: 80173; or in
Texas, where it is National Product Care Company dba Texas National Product
Care Company, InC., 175 West Jackson Blvd, Chicago,
Illinois 60604; or in Maine, where it is the Selling Retailer.
B. "You" and "Your" mean the purchaser of the Covered
Product(s) and any authorized transferee/assignee of the purchaser.
C. "Administrator" means TWG Innovative Solutions, InC.
(TWGIS), P.O. Box 427, Golden, Colorado 80402, (800) 750-4766.
D. "Selling Retailer" means the entity selli ng the Covered
Product and this Agreement.
E. "Covered Product" means the consumer item(s) which You
purchased and is covered by this Agreement.
F. "Agreement" means the terms, conditions, limitatio ns
and exclusions, including Your sales receipt. |
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3. WHAT IS NOT COVERED
A.
PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER'S WARRANTY;
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. PERIODIC CHECKUPS AND/OR PREVENTATIVE MAINTENANCE AS
DIRECTED BY THE MANUFACTURER D. INHERENT PRODUCT DEFECTS OR
PARTS FAILURE DUE TO A RECALL; E. 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.; F. PARTS OR REPAIRS DUE TO
NORMAL WEAR AND TEAR UNLESS TIED TO A BREAKDOWN AND ITEMS NORMALLY DESIGNED
TO BE PERIODICALLY REPLACED BY YOU DURING THE LIFE OF THE COVERED PRODUCT,
INCLUDING BUT NOT LIMITED TO BATTERIES, CABLES, HANDLEBARS, LIGHT BULBS,
SEAT POSTS, TIRES, TUBES, ETC.; G. DAMAGE FROM ACCIDENT,
ABUSE, MISUSE, MISHANDLING, NEGLIGENCE, INTRODUCTION OF FOREIGN OBJECTS INTO
THE COVERED PRODUCT, UNAUTHORIZED MODIFICATIONS OR ALTERATIONS TO A COVERED
PRODUCT, ANY COVERED PRODUCT WITH REMOVED OR ALTERED SERIAL NUMBERS, FAILURE
TO FOLLOW THE MANUFACTURER'S INSTRUCTIONS, AND EXTERNAL CAUSES INCLUDING
THIRD PARTY ACTIONS, FIRE, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER
CONDITIONS, EXTREME TEMPERATURE, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE,
FLOOD, WATER, ACTS OF GOD OR CONSEQUENTIAL LOSS OF ANY NATURE; H.
LOSS OR DAMAGE CAUSED BY WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES,
CIVIL WAR, REBELLION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL
COMMOTION;
I. INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES OR DELAY
IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF USE OR TIME DURING THE
PERIOD THAT THE COVERED PRODUCT IS AT AN AUTHORIZED SERVICE CENTER OR
OTHERWISE AWAITING PARTS; J. ANY PRODUCT USED IN A
COMMERCIAL SETTING OR RENTAL BASIS;
K. FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OF THE
UNITED STATES OF AMERICA, INCLUDING THE DISTRICT OF COLUMBIA;
L. NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT NOT
LIMITED TO PLASTIC PARTS, SHELVES, DRAWERS, RACKS, KNOBS, ROLLERS, BASKETS,
SCRATCHES, HANDLES, COSMETIC PARTS OR PEELING AND DENTS, NONFUNCTIONAL PARTS
ARE THOSE PARTS THAT ARE NOT CRITICAL TO THE PERFORMANCE OF THE PRODUCT'S
ESSENTIAL FUNCTION, EXTERNAL EQUIPMENT SUCH AS PIPES, PLUMBING, POWER
SOURCES ETC. USED OR MODIFIED FOR THE PURPOSE OF USE WITH OR FOR THE COVERED
PRODUCT, A PART THAT IF MISSING OR BROKEN, DOES NOT RESULT IN THE PRODUCT
BEING NON-OPERATIONAL;
M. UNAUTHORIZED REPAIRS AND/OR PARTS;
N. COST OF INSTALLATION, SET-UP, DIAGNOSTIC CHARGES,
REMOVAL OR REINSTALLATION OF THE COVERED PRODUCT;
O. ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT;
P. ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE COVERED
PRODUCT;
Q. LOSS OF DATA OR ANY MECHANICAL BREAKDOWN OR DAMAGE
CAUSED BY A COMPUTER OR SOFTWARE VIRUS;
R. SERVICE WHERE NO PROBLEM CAN BE FOUND;
S. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE TERM OF
THIS AGREEMENT;
T. FAILURE AS A RESULT FROM RUST OR CORROSION ON ANY
COVERED PRODUCT OR PART;
U. INCORRECT CONNECTION OF SIGNAL LEADS OR INCORRECT
ELECTRICAL SUPPLY AND FAILURE OR IMPROPER USE OF ANY ELECTRICAL SOURCE;
V. ABNORMAL VARIATION OF ELECTRICITY OR WATER SUPPLY;
W. DAMAGE INCURRED WHILE MOVING THE COVERED PRODUCT TO
ANOTHER LOCATION;
X. MODIFICATIONS TO MEET CHANGES IN FEDERAL, STATE OR LOCAL
CODES AND REGULATIONS;
Y. IMPROPER INSTALLATION OF COMPONENTS OR PERIPHERALS.
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4. CONDITIONS
A. Renewal:
This Agreement is renewable at Our discretion. Renewal cost reflects the age
of the Covered Product and service costs at time of renewal.
B. Transferability:
This Agreement is transferable by the original purchaser for the balance of
the original extended protection period. The Covered Product may be
registered by mailing information to the Administrator, including the
agreement reference number, date of new ownership, new owner's name,
complete address, and telephone number.
C. Territorial Limitation:
This Agreement does not cover products located outside of the 50 states of
the United States of America, including the District of Columbia.
D. Subrogation:
If We pay for a loss, We may require You to assign Us Your rights of
recovery against others. We will not pay for a loss if You impair these
rights to recover. Your rights to recover from others may not be waived.
E. Dispute Resolution - Arbitration:
This Agreement requires binding arbitration if there is an unresolved
dispute between You and Us concerning this Agreement (including the cost of,
lack of or actual repair or replacement arising from a breakdown). Under
this Arbitration provision, You give up your right to resolve any dispute
arising from this Agreement by a judge and/or a jury. You also agree not to
participate as a class representative or class member in any class action
litigation, any class arbitration or any consolidation of individual
arbitrations. In arbitration, a group of three arbitrators (each of whom is
an independent, neutral third party) will give a decision after hearing Your
and Our positions. The decision of a majority of the arbitrators will
determine the outcome of the arbitration and the decision of the arbitrators
shall be final and binding and cannot be reviewed or changed by, or appealed
to, a court of law. To start arbitration, either You or We must make a
written demand to the other party for arbitration. This demand must be made
within one (1) year of the earlier of the date the breakdown occurred or the
dispute arose. You and We will each separately select an arbitrator. The two
arbitrators will select a third arbitrator called an "umpire." Each party
will each pay the expense of the arbitrator selected by that party. The
expense of the umpire will be shared equally by You and Us. Unless otherwise
agreed to by You and Us, the arbitration will take place in the county and
state in which You live. The arbitration shall be governed by the Federal
Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law
concerning arbitration. The rules of the American Arbitration Association (www.adr.org)
will apply to any arbitration under this Agreement. The laws of the state of
Illinois (without giving effect to its conflict of law principles) govern
all matters arising out of or relating to this Agreement and all
transactions contemplated by this Agreement, including, without limitation,
the validity, interpretation, construction, performance and enforcement of
this Agreement.
F. Cancellation:
You may cancel this Agreement for any reason at any time. To cancel, contact
the Selling Retailer within thirty (30) days of receipt of Your Agreement
for a full refund. After thirty (30) days, contact the Administrator in
writing to receive a pro-rata refund based on the time expired less a
twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the
purchase price (whichever is less), less the cost of claims paid. We may not
cancel this Agreement except for fraud, material misrepresentation or
non-payment of premium by You. Notice of such cancellation will be mailed to
You at least thirty (30) days prior to cancellation and will include the
effective date and reason for cancellation. If We cancel, the return premium
is based upon one-hundred percent (100%) of the unearned pro-rata premium.
G. Entire Agreement:
This is not a contract of insurance. This is the entire Agreement between
the parties, and no representation, promise or condition not contained
herein shall modify these items. The Obligor under this Agreement is insured
by a policy of insurance issued by Virginia Surety Company, Inc., [175 West
Jackson Blvd, Chicago, Illinois, 60604], [(800) 209-6206].
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5. STATE VARIATIONS
State Variations:
The following state variations will control if inconsistent with any other
provisions:
(1) In Arizona: In Section 3 "WHAT IS NOT COVERED,"
exclusion (E) is removed. The following statement is added to Section 4.E
"Dispute Resolution - Arbitration": Arbitration does not preclude the
Arizona consumer's right to file a complaint with the Arizona Department of
Insurance, Consumer Affairs Division 800-325-2548. The following statement
is added to section 4.F "Cancellation": No claim incurred or paid will be
deducted from the amount to be returned in the event of cancellation. See
also (22) below.
(2) In Arkansas: The following statement is added to
Section 4.G "Entire Agreement": If the Administrator does not pay a claim
within sixty (60) days of submitting the claim, the claim can be submitted
to the insurer at the above address. A claim submitted to the insurer may
include a claim of the unearned premium in the event of a cancellation. The
following is added to this Agreement: This Agreement does not exclude
pre-existing conditions.
See also (21) below.
(3) In California: The following statement is added to
Section 4.E "Dispute Resolution - Arbitration": This arbitration provision
does not prohibit a California resident from following the process to
resolve complaints as outlined by the California Bureau of Electronic and
Appliance Repair (BEAR). To learn more about this process, You may contact
BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs,
3485 Orange Grove Avenue, North Highlands, California, 95660, or You may
visit their website at www.bear.ca.gov. Section 4.F "Cancellation" is
amended as follows: In the event You cancel this Agreement within sixty (60)
days of receipt of this Agreement, You shall receive a full refund of any
payments made by You under this Agreement. In the event You cancel this
Agreement after sixty (60) days of receipt of this Agreement, you shall
receive a prorate refund of any amount paid based upon elapsed time less an
administrative fee not to exceed ten percent (10%) of the price of this
Agreement or twenty-five dollars ($25.00), whichever is less, and less any
claims that have been paid or repairs that have been made.
(4) In Connecticut: The following statement is added to
Section 4.E "Dispute Resolution - Arbitration": The State of Connecticut has
established an arbitration process to settle disputes arising from service
agreements. If You purchased this Agreement in Connecticut, You may pursue
arbitration to settle disputes between You and the provider of this
Agreement. A written complaint may be mailed to: State of Connecticut,
Insurance Department, P. O. Box 816, Hartford, CT 06142-0186, Attn: Consumer
Affairs. The written complaint must contain a description of the dispute,
the purchase price of the Covered Product, the cost of repair and a copy of
this Agreement. The following statement is added to section 4.F
"Cancellation": You may cancel this Agreement if You return the Covered
Product, or if the Covered Product is sold, lost, stolen or destroyed. See
also (22) below.
(5) In Florida: Section 4.E "Dispute Resolution -
Arbitration" is removed. Section 4.F "Cancellation" is amended as follows:
If You cancel this Agreement, You will receive a pro-rata refund based upon
ninety percent (90%) of the unearned pro-rata premium less the cost of any
claims paid or repairs made on Your behalf. If We cancel this Agreement,
return of premium shall be based upon one hundred percent (100%) of unearned
pro-rata premium.
(6) In Georgia: In Section 3 "WHAT IS NOT COVERED",
exclusion (E) is changed to: "Any and all pre-existing conditions known by
You that occur prior to the effective date of this Agreement and/or any
costs to repair any product sold used, damaged or "as-is" including but not
limited to floor models, demonstration models, etc." Section 4.E "Dispute
Resolution - Arbitration" is removed. Section 4.F "Cancellation" is amended
as follows: If You cancel after sixty (60) days of receipt of Your
Agreement, You will receive a pro-rata refund of the Agreement price. We may
not cancel this Agreement except for fraud, material misrepresentation, or
nonpayment by You. Any refund owed and not paid as required is subject to a
penalty equal to twentyfive percent (25%) of the refund owed and interest of
eighteen percent (18%) per year until paid; however, such penalty shall not
exceed fifty percent (50%) of the amount of the refund. If we cancel this
Agreement, notice of such cancellation will be in writing and given at least
thirty (30) days prior to cancellation. Cancellation will comply with
Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees
shall not be deducted from any refund owed as a result of cancellation. See
also (22) below.
(7) In Michigan: The following statement is added to
Section 2.A. "Term": If performance under this Agreement is interrupted
because of a strike or work stoppage at Our place of business, the effective
period of the Agreement shall be extended for the period of the strike or
work stoppage.
(8) In Missouri: The following statement is added to
Section 4.G "Entire Agreement": If the Administrator does not pay a claim
within sixty (60) days of submitting the claim, the claim can be submitted
to the insurer at the above address. A claim submitted to the insurer may
include a claim for return of the unearned premium in the event of a
cancellation. See also (21) below.
(9) In Nevada: The following statement is added to Section
4.F "Cancellation": No claim incurred or paid will be deducted from the
amount to be returned in the event of cancellation. See also (21) below.
(10) In New Hampshire: The following statement is added to
Section 4.G "Entire Agreement": If the Administrator does not pay a claim
within sixty (60) days of submitting the claim, the claim can be submitted
to the insurer at the above address. In the event You do not receive
satisfaction under this Agreement, You may contact the New Hampshire
Insurance Department, 21 South Fruit Street, Concord, New Hampshire, 03021,
(603) 271-2261.
(11) In New Mexico: Section 4.F "Cancellation" is amended as
follows: If this Agreement has been in force for a period of seventy (70)
days, We may not cancel before the expiration of the Agreement 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 Agreement;
3) You engage in fraud or material misrepresentation in
obtaining this Agreement; or
4) You commit any act, omission, or violation of any terms
of this Agreement after the effective date of this Agreement which
substantially and materially increase the service required under this
Agreement. See also (21) below.
(12) In North Carolina: Section 4.F "Cancellation" is
amended as follows: We may not cancel this Agreement except for nonpayment
by You or for violation of any of the terms and conditions of this
Agreement. The following statement is added to Section 4.G "Entire
Agreement: You understand that the purchase of this Agreement is not
required to purchase or to obtain financing for the Covered Product. See
also (21) and (22) below.
(13) In Oklahoma: The following statement replaces Section
4.F "Cancellation": You may cancel this Agreement for any reason at any
time. To cancel, contact the Selling Retailer of the Covered Product within
thirty (30) days of receipt of Your Agreement for a full refund. After
thirty (30) days, contact the Administrator in writing to receive a refund
based on 90% of the unearned pro-rata premium less a twenty-five dollar
($25) cancellation fee, or ten percent (10%) of the unearned pro-rata
premium (whichever is less), less the cost of claims paid. We may not cancel
this Agreement except for fraud, material misrepresentation or non-payment
by You. Notice of such cancellation will be mailed to You at least thirty
(30) days prior to cancellation and will include the effective date and
reason for cancellation. If We cancel, the return premium is based on
one-hundred percent (100%) of the unearned pro-rata premium. The following
statement is added to Section 4.G "Entire Agreement": This Agreement is not
issued by the manufacturer or wholesale company marketing the Covered
Product covered by this Agreement. This Agreement will not be honored by
such manufacturer or wholesale company. Oklahoma does not review commercial
service contract language (only personal). Coverage afforded under this
contract is not guaranteed by the Oklahoma Insurance Guaranty Association.
(14) In Oregon: Section 4.E "Dispute Resolution -
Arbitration" is removed.
(15) In South Carolina: The following statement is added to
Section 4.G "Entire Agreement": If You purchased this Agreement in South
Carolina, complaints or questions about this Agreement may be directed to
the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South
Carolina 29202-3105, telephone number (803) 737-6180. See also (21) below.
(16) In Texas: The following statement is added to Section
4.F "Cancellation": If You cancel Your Agreement within sixty (60) days of
receipt of Your Agreement, Your Agreement will be voided. If Your Agreement
is voided and You do not receive a refund or credit within thirty (30) days
of receipt of the returned service Agreement, You may request a refund from
Virginia Surety Company, Inc., [175 West Jackson Blvd, Chicago, Illinois,
60604], and a ten percent (10%) penalty per month shall be applied to the
refund. The following statement is added to Section 4.G "Entire Agreement":
If You purchased this Agreement in Texas, unresolved complaints or questions
concerning the regulation of service agreements, may be addressed to the
Texas Department of Licensing and Regulation at PO Box, 12157, Austin, TX
78711, telephone number (512) 463-2906 or 800-803-9202. See also (22) below.
(17) In Utah: Section 4.E "Dispute Resolution -
Arbitration" is removed and replaced with: 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 laws of the state of Illinois (without
giving effect to its conflict of law principles) govern all matters arising
out of or relating to this Agreement and all transactions contemplated by
this Agreement, including, without limitation, the validity, interpretation,
construction, performance and enforcement of this Agreement. Section 4.F
"Cancellation" is amended as follows: We can cancel the Agreement during the
first sixty (60) days of the initial annual term by mailing to You a notice
of cancellation at least thirty (30) days prior to the effective date of
cancellation except that We can also cancel the Agreement during such time
period for nonpayment of premium by mailing You a notice of cancellation at
least ten (10) days prior to the effective date of cancellation. After sixty
(60) days have elapsed, We may cancel the Agreement by mailing a
cancellation notice to You at least ten (10) days prior to the cancellation
date for cancellations due to nonpayment of premium, and thirty (30) days
prior to cancellation date for any of the following reasons: (a) material
misrepresentation, (b) substantial change in the risk assumed, unless We
should reasonably have foreseen the change or contemplated the risk when
entering into the Agreement, (c) substantial breaches of contractual duties,
conditions, or warranties. The notice of cancellation must be in writing to
You at Your last known address and contain all of the following: (1) the
Agreement number, (2) the date of notice, (3) the effective date of the
cancellation and, (4) a detailed explanation of the reason for cancellation.
The following statement is added to Section 4.G "Entire Agreement": Coverage
afforded under this Agreement is not guaranteed by the Property and Casualty
Guaranty Association. Proof of loss should be furnished by You to the
Administrator as soon as reasonably possible. Failure to furnish such notice
or proof within the time required by this Agreement does not invalidate or
reduce a claim. This Agreement is subject to limited regulation by the Utah
Insurance Department. To file a complaint, contact the Utah Insurance
Department. See also (22) below. (18) In Washington:. The following
statement is added to Section 4.G "Entire Agreement": If the Administrator
does not pay a claim within sixty (60) days of submitting the claim, the
claim can be submitted to the insurer at the above address. You are not
required to wait sixty (60) days before filing a claim directly with the
insurer. See also (21) below.
(19) In Wisconsin: In Section 3 "WHAT IS NOT COVERED",
exclusion (M) is removed. The following statement is added to Section 4.D
"Subrogation": The Agreement holder will be made whole before We retain any
amount we may recover. The following statement is added to Section 4.E
"Dispute Resolution - Arbitration": Mandatory arbitration is not permitted.
Both parties must agree to participate. If one party disagrees to
participate, this arbitration provision becomes null and void. The following
statement is deleted from Section 4.E "Dispute Resolution - Arbitration":
You give up your right to resolve any dispute arising from this Agreement by
a judge and/or a jury. You also agree not to participate as a class
representative or class member in any class action litigation, any class
arbitration or any consolidation of individual arbitrations. The following
statement is added to Section 4.F "Cancellation": Claims paid or the cost of
repairs performed shall not be deducted from the amount to be refunded upon
cancellation of this Agreement. The following statement is added to Section
4.G "Entire Agreement": This Agreement is subject to limited regulation by
the Office of the Commissioner of Insurance. Proof of loss should be
furnished by You to the Administrator as soon as reasonably possible and
within one (1) year after the time required by this Agreement. Failure to
furnish such notice or proof within the time required by this Agreement does
not invalidate or reduce a claim. See also (22) below.
(20) In Wyoming: The following statement is added to
Section 4.E "Dispute Resolution - Arbitration": Arbitration can only be
final and binding if agreed to by the parties involved and in a separate
written agreement. See also (21) and (22) below.
(21) In Alabama, Arkansas, Hawaii, Maryland, Minnesota, Missouri,
Nevada, New Mexico, New York, North Carolina, South Carolina, Washington and
Wyoming: The following statement is added to Section 4.F
"Cancellation": If You cancel Your Agreement within sixty (60) days of
receipt of Your Agreement and do not receive a refund or credit within
thirty (30) days of receipt of the returned service Agreement, a ten percent
(10%) penalty per month shall be applied to the refund.
(22) In Alabama, Arizona, Connecticut, Georgia, Illinois, Kentucky,
Montana, New York, North Carolina, Ohio, Oregon, Texas, Utah, Wisconsin and
Wyoming: The following statement is added to Section 4.G "Entire
Agreement": If the Administrator does not pay a claim within sixty (60) days
of submitting the claim, the claim can be submitted to the insurer at the
above address. |