Definitions
“Administrator” and “SAFEWARE”, mean Safeware, The Insurance Agency Inc. (Texas license number 184), in all states except in Alabama, Arkansas, Georgia, Maine, Minnesota, Missouri, Montana, Nevada, New Mexico, Oregon, Utah, and Wyoming where it is Safeware Inc., except in Indiana, Kentucky, Maryland, New Jersey, and Oklahoma where it is Safeware Group Inc., except in Arizona, New Hampshire, New York and Wisconsin where it is Safeware, except in Vermont where it is Safeware Group. All are located at [5700 Perimeter Drive, Suite E, Dublin, OH 43017 (800) 800-1492];
“Covered Product” means the item(s) shown on Your Declarations Page, which You purchased and which is covered by this Service Agreement.
“Deductible” means the amount You are required to pay, for covered repairs and replacements. The Deductible is the amount stated on Your Declarations Page under the title Deductible. The Servicer or Seller will collect this amount prior to any service being performed.
“Failure” means the mechanical or electrical failure of the Covered Product due to a defect in materials or workmanship which takes place during normal usage of the Covered Product for the Term of this Service Agreement.
“Obligor“, “We”, “Us” and “Our” mean the company obligated under this Agreement, Northcoast Warranty Services, Inc., [(866) 927-3097], [800 Superior Avenue E, 21st Floor, Cleveland, OH 44114].
“Proof of Purchase” and “POP” mean the Declaration Page, or sales invoice, or sales receipt, which shows the Plan You purchased.
“Purchase Price” means the Purchase Price of this Service Agreement printed on the purchase receipt provided to You at the time of Your purchase of this Service Agreement from the Seller.
“Seller” and “Reebelo” mean the seller of this Service Agreement, Reebelo as indicated above.
“Service Agreement” means the POP terms, conditions, limitations and exclusions, of this [Reebelo] Service Agreement, that You purchased, as indicated on Your POP. This Service Agreement is not an insurance policy.
“You” and “Your” mean the purchaser of this Service Agreement as indicated by Declarations Page.
Term
The “Term” of this Service Agreement shall commence on the date of purchase of the Covered Product and continues for the period indicated on Your POP. This Service Agreement is inclusive of the manufacturer’s and Seller’s warranty; it does not replace the manufacturer’s or Seller’s warranty but may provide certain benefits during the term of the manufacturer’s or Sellers warranty.
Items Covered
This Service Agreement covers Failures, if the Failure of the Covered Product is not covered under any other warranty, insurance policy, or service contract.
In the event of a Failure and a valid claim is received within thirty (30) days of the Failure during the Term of this Service Agreement, We will at Our option, to the extent permitted by law, either (1) repair the hardware defect using new or refurbished replacement parts or non-original manufacturer replacement parts, or at Our sole discretion (2) replace the Covered Product with a product that has been manufactured from new or serviceable refurbished parts that is functionally equivalent to the Covered Product. This Service Agreement provides additional coverage for Accidental Damage from Handling (ADH) which includes protection from damage caused by drops and spills associated with the normal use and handling of Your product, subject to the Limit of Liability of this Service Agreement. When a part or Covered Product is replaced, any replacement item becomes Your property and the replaced item becomes Our property. This Service Agreement also protects against the operational Failure of a Covered Product resulting from a power surge while properly connected to an Underwriter Laboratories-approved surge protector. You must use an Underwriter Laboratories-approved surge protection and may be asked to provide Your surge protector for examination.
Items Not Covered
THIS SERVICE AGREEMENT DOES NOT PROVIDE PROTECTION AGAINST NORMAL WEAR AND TEAR, THEFT, LOSS, NEGLIGENCE, VIRUSES, RECKLESS, ABUSIVE, WILLFUL, OR INTENTIONAL MISCONDUCT ASSOCIATED WITH THE HANDLING AND USE OF THE COVERED PRODUCT, COSMETIC DAMAGE AND/OR OTHER DAMAGE THAT DOES NOT AFFECT ITS FUNCTIONALITY, OR DAMAGE CAUSED DURING SHIPMENT BETWEEN YOU AND OUR SERVICE PROVIDERS. IF PROTECTIVE FEATURES SUCH AS COVERS, CARRYING CASES, OR POUCHES WERE PROVIDED OR MADE AVAILABLE FOR USE WITH THE COVERED PRODUCT, IT IS EXPECTED THAT YOU WILL CONTINUALLY USE SUCH PRODUCT ACCESSORIES FOR PROTECTION AGAINST DAMAGE. ABUSE IS ADDITIONALLY DEFINED AS YOUR INTENTIONAL NON- UTILIZATION OF PROTECTIVE ITEMS DURING USE OF THE COVERED PRODUCT OR YOUR TREATMENT OF THE COVERED PRODUCT IN A HARMFUL, INJURIOUS MANNER THAT MAY RESULT IN ITS DAMAGE.
THIS SERVICE AGREEMENT DOES NOT COVER DAMAGE FROM THIS TYPE OF TREATMENT OR FROM THE FOLLOWING: MAINTENANCE, REPAIR, OR REPLACEMENT NECESSITATED BY LOSS OR DAMAGE RESULTING FROM ANY CAUSE OTHER THAN NORMAL USE AND OPERATION OF THE COVERED PRODUCT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND THE OWNER’S MANUAL, INCLUDING, BUT NOT LIMITED TO, USE WITH NON- MANUFACTURER APPROVED PRODUCT WHEN REQUIRED BY THE MANUFACTURER, THEFT OR LOSS, EXPOSURE TO WEATHER CONDITIONS, FAILURE TO PROPERLY CLEAN, MAINTAIN, OR LUBRICATE THE COVERED PRODUCT, OPERATOR NEGLIGENCE, MISUSE, ABUSE, IMPROPER ELECTRICAL/POWER SUPPLY, UNAUTHORIZED REPAIRS, IMPROPER EQUIPMENT MODIFICATIONS, ATTACHMENTS, INSTALLATION OR ASSEMBLY, VANDALISM, ANIMAL OR INSECT INFESTATION, RUST, DUST, CORROSION, DEFECTIVE BATTERIES, BATTERY LEAKAGE, OR ACTS OF NATURE OR ANY OTHER PERIL ORIGINATING FROM OUTSIDE THE COVERED PRODUCT; COSMETIC DAMAGE TO CASE OR CABINETRY OR OTHER NON-OPERATING PARTS OR COMPONENTS WHICH DOES NOT AFFECT THE FUNCTIONALITY OF THE COVERED PRODUCT; SCREEN IMPERFECTIONS, INCLUDING “BURN-IN”. DAMAGED OR DEFECTIVE LCD SCREENS WHEN THE FAILURE IS CAUSED BY ABUSE OR IS OTHERWISE EXCLUDED HEREIN; ACCESSORIES SUCH AS POWER ADAPTORS AND/OR CONSUMER REPLACEABLE OR CONSUMABLE ITEMS SUCH AS, BUT NOT LIMITED TO, BATTERIES, BULBS, TONER, RIBBONS, INK CARTRIDGES, DRUMS, BELTS, PRINTER HEADS, ETC.; COVERED PRODUCT(S) WITH REMOVED OR ALTERED SERIAL NUMBERS; DAMAGE OR EQUIPMENT FAILURE WHICH IS COVERED
BY MANUFACTURER’S OR SELLER’S WARRANTY, MANUFACTURER’S RECALL, OR FACTORY BULLETINS (REGARDLESS OF WHETHER OR NOT THE MANUFACTURER IS DOING BUSINESS AS AN ONGOING ENTERPRISE); DAMAGE TO COMPUTER HARDWARE, SOFTWARE, AND DATA CAUSED BY, INCLUDING, BUT NOT LIMITED TO, VIRUSES, APPLICATION PROGRAMS, NETWORK PROGRAMS, UPGRADES, FORMATTING OF ANY KIND, DATABASES, FILES, DRIVERS, SOURCE CODE, OBJECT CODE OR PROPRIETARY DATA, OR ANY SUPPORT, CONFIGURATION, INSTALLATION, OR REINSTALLATION OF ANY SOFTWARE OR DATA; DAMAGE OR CHARGES RELATED TO TRANSPORTATION DAMAGE, CUSTOMER EDUCATION, CLEANING, PREVENTIVE MAINTENANCE, “NO PROBLEM FOUND” DIAGNOSIS, NON-FAILURE PROBLEMS, INCLUDING, BUT NOT LIMITED TO, ITEMS NOT COVERED SUCH AS NOISES, SQUEAKS, ETC., AND INTERMITTENT ISSUES WHICH ARE NOT CONSIDERED PRODUCT FAILURES. DAMAGE FROM PRE-EXISTING CONDITIONS.
What to Do if a Covered Product Requires Service
If Failure is suspected, You should promptly take reasonable precautions in order to protect against further damage. Within thirty (30) days of the operational Failure of the Covered Product, You must take the Covered Product to any Seller location or phone Us at [(800) 800-1492]. If you are unable to take the Covered Product to the Seller location, we will provide you with instructions to ship the Covered Product the nearest authorized repair facility, and the repaired or replaced Covered Product will be shipped back to You. Authorization, by Us, is required prior to shipping the Covered Product to the authorized repair center. You must pay shipping to the authorized repair center however, We will pay return shipping of the repaired or replaced item to You.
You are responsible to backup all computer software and data prior to commencement of repair. You should make periodic backup copies of the data, software and information on the Covered Product.
The contents of the storage media will be deleted and reformatted during repair. We are not responsible for any loss of software programs, data, personal information or other information contained on the storage media or any other part of the Covered Product being repaired.
Purchaser Records
Please keep Your POP and this Service Agreement in a safe place as they may be required to submit a claim.
Limit of Liability
In the event We make payment(s) for repairs which in the aggregate are equal to the Purchase Price, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.
IN NO EVENT SHALL WE, SELLER AND/OR ADMINISTRATOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT OR NEGLIGENCE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF PROFITS, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. WE, SELLER AND/OR ADMINISTRATOR SHALL NOT BE LIABLE FOR ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT, INCLUDING INHERENT PRODUCT FLAWS. THIS CONTRACT WILL NOT COVER LOSS OR DAMAGE NOT SPECIFICALLY LISTED UNDER “ITEMS COVERED”.
Transfer of Service Agreement
This Service Agreement may be transferred to any person in the United States, however, the ability to return or cancel this Service Agreement for a refund of the Purchase Price is nontransferable. To transfer ownership of Your Product and this Service Agreement, within 10 days of the transfer, send to the Administrator at the address above, a copy of this Service Agreement, along with the name, address, and phone number of the new owner, and the date of transfer. The manufacturer’s warranty may not be transferrable. This Service Agreement does not replace the manufacturer’s or Seller’s warranty and provides no coverage therein, except as noted above.
No Lemon Policy
If, within any twelve (12) month period, beginning after the manufacturer’s and Seller’s warranty has expired, Your Covered Product has three (3) non ADH service repairs completed by Us for the same part and same problem, which repairs are covered by this Service Agreement, and a fourth such repair for the same part and same problem occurs, as determined by Us, the Covered Product will be replaced with a comparable product. The cost of the replacement will not exceed the Covered Product’s Purchase Price and may be less due to technological advances. The Covered Product and Receipts must be returned to Us along with authorized service receipts from the three (3) prior repair incidents to qualify. Preventive maintenance, checks, cleanings, diagnosis, customer education, accessory repairs or replacements, and computer software related problems are not considered repairs for the purposes of the No Lemon Policy. Upon replacement of the Covered Product, We will have no further obligation to repair or replace the replacement Product, and You will not be entitled to make any claims under this Service Agreement for its repair or replacement.
Cancellation
You may cancel this Service Agreement for any reason at any time by informing the Seller. If You cancel this Service Agreement within thirty (30) days from the date of purchase and no claims have been made, You will receive a full refund of the Purchase Price of this Service Agreement. If allowed by Your state regulations, if a claim has been made or after thirty (30) days, You may cancel this Service Agreement and You will receive a pro rata refund, less any claims paid and less an administrative fee not to exceed ten percent (10%) of the Purchase Price or twenty dollars ($20.00) whichever is less, unless otherwise prohibited by state law. A refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. This cancellation provision only applies to the original purchaser of this Service Agreement.
We may cancel this Service Agreement, at Our option, only on the basis of nonpayment, fraud, misrepresentation, unauthorized repair, or unauthorized replacement. We reserve the right to inspect the Covered Product from time to time. If We cancel Your Service Agreement, You will receive a refund based on one-hundred percent (100%) of the unearned pro rata purchase price of this Service Agreement, less any claims paid, where allowed by law. If this Service Agreement was inadvertently sold to You on a product which was not intended to be covered by this Service Agreement, We will cancel this Service Agreement and return the full Purchase Price of the Service Agreement to You. If We cancel this Service Agreement, written notice, including the effective date of and the reason for cancellation, will be mailed to You at least fifteen (15) days prior to the effective date of cancellation. No notice will be provided if cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You relating to use of the Covered Product.
Renewal
At Our discretion, We may offer You a renewal of this Service Agreement. If renewed, the renewal term and price may vary based on the age, condition of the Covered Product, and current service cost at the time of renewal. If renewed, the term of the Renewal Service Agreement will begin on the date the Service Agreement ends, and will continue as stated on the Renewal Service Agreement Declarations Page. It is
Our discretion to determine the type of renewal benefits for which Your Covered Product is eligible. If We elect to offer a renewal to this Service Agreement, We will send You a Renewal Offer at that time.
Insurer
THIS IS NOT AN INSURANCE POLICY; IT IS A SERVICE CONTRACT. WE HAVE OBTAINED AN INSURANCE POLICY TO INSURE OUR PERFORMANCE UNDER THIS SERVICE CONTRACT. SHOULD WE FAIL TO PAY ANY CLAIM OR FAIL TO REPLACE THE PRODUCT COVERED UNDER THIS SERVICE CONTRACT WITHIN SIXTY (60) DAYS AFTER THE CLAIM HAS BEEN SUBMITTED, OR IN THE EVENT YOU CANCEL THIS SERVICE CONTRACT, AND WE FAIL TO REFUND ANY UNEARNED PORTION OF THE SERVICE CONTRACT PRICE, YOU ARE ENTITLED TO MAKE A DIRECT CLAIM AGAINST THE INSURER, WESCO INSURANCE COMPANY, AT[ 866-505-4048 OR 59 MAIDEN LANE, 43RD FLOOR, NEW YORK, NY 10038].
Entire Contract
This Service Agreement, including the terms, conditions, limitations, exceptions and exclusions along with Your POP sets forth the entire agreement between the parties with respect to the subject matter hereof, and no representation, promise, or condition not contained herein shall modify these terms, except as required by law.
State Variations
Regulation of this Service Agreement may vary widely from state to state. Any provision within this Service Agreement which conflicts with the laws of the state where You live shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Service Agreement was purchased in one of the following states and supersede any other provision within Your Service Agreement terms and conditions to the contrary.
State Specific Provisions:
Alabama: Cancellation is amended as follows: Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any, shall be refunded to you.
Arizona: ITEMS NOT COVERED is amended as follows: We shall not provide coverage only for those specifically listed items in the “Items Not Covered” section which occurred while owned by You. "Pre- existing conditions" is amended to include: Pre-existing may not be excluded if such conditions were known or should reasonably have been known by Us or the Seller. Only unauthorized product repairs, modifications or alterations performed after the effective date of the Service Agreement are excluded. CANCELLATION is amended as follows: We may only cancel this Service Agreement for fraud by You, material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. You may cancel this Service Agreement and You will receive a pro rata refund, less any claims paid and less an administrative fee not to exceed ten percent (10%) of the gross amount paid or twenty dollars ($20.00) whichever is less.
California: Safeware, The Insurance Agency Inc. (License No. 57) is the Administrator and Northcoast Warranty Services, Inc. (License No. SA-19178) is the Obligor for this Service Agreement. CANCELLATION is amended as follows: This Service Agreement may be cancelled by You for any reason, including, but not limited to, the Covered Product under this Service Agreement being sold, lost, stolen or destroyed. If You decide to cancel Your Service Agreement, and Your cancellation notice is received by the Administrator within thirty (30) days of the date You received the Service Agreement and no claims have been paid, You will be refunded the full Purchase Price. If You have made claims against the Service Agreement or cancellation notice is received by the Administrator after thirty (30) days from the date You received this Service Agreement, You will be refunded a pro-rated amount of the Purchase Price, less any claims paid and less an administrative fee not to exceed ten percent (10%) of the Purchase Price or twenty dollars ($20), whichever is less.
Connecticut: This Service Contract is an agreement between the Obligor/Provider, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097 and You. In the event of a dispute with Administrator, You may contact The State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Device, the cost of repair of the Device and a copy of the warranty Service Contract. In the event the Service Agreement expires during time of an approved Claim, Your coverage will be automatically extended until the date in which the Claim in progress has been fulfilled completely in accordance with the terms and conditions of the Service Agreement. INSURER section is amended as follows: If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has been filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, file a claim against the insurer, Wesco Insurance Company at 59 Maiden Lane, 43rd Floor, New York, NY 10038, by calling 1-866-505-4048. CANCELLATION is amended as follows: This Service Contract may be canceled by the Service Contract Holder if the Device covered under this Service Contract is returned, sold, lost, stolen or destroyed.
District of Columbia: CANCELLATION is amended as follows: Any cancellation fee shall not exceed the lesser of ten percent (10%) of the gross Service Contract price or twenty dollars ($20), whichever is less.
Florida: This Service Agreement is between the Obligor, Technology Insurance Company, Inc. (License No. 03605) and You, the purchaser. CANCELLATION is deleted and replaced with the following: You may cancel Your Service Agreement at any time by informing the Seller or the Administrator, Safeware, The Insurance Agency Inc., of Your cancellation request. In the event the Service Agreement is canceled by You, return of the premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any Claims that have been paid or less the cost of repairs made on Your behalf. In the event the Service Agreement is canceled by the Administrator or Obligor, return of the premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any Claims that have been paid or less the cost of repairs made on Your behalf. INSURER is deleted and replaced with the following: This is not an insurance policy, it is a Service Contract. The rates charged to You for this Service Agreement are not subject to regulation by the Florida Office of Insurance Regulation.
Georgia: CANCELLATION is amended as follows: If You cancel this Service Agreement an administrative fee not to exceed ten percent (10%) of the pro rata refund amount or twenty dollars ($20.00), whichever is less will be deducted. In no event will any claims incurred or paid be deducted from any refund. The Obligor may only cancel this Service Agreement for fraud by You, material misrepresentation by You, or nonpayment by You. If We cancel this Service Agreement, written notice, including the effective date of and the reason for cancellation, will be mailed to You at least ten (10) days for nonpayment and thirty (30) days for fraud and material misrepresentation prior to the effective date of cancellation. ITEMS NOT COVERED is amended as follows: Only unauthorized product repairs, modifications or alterations performed after the effective date of the Service Agreement are excluded. This Service Agreement 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. The following is added as the last paragraph to “Items Not Covered” above: SHOULD THE MANUFACTURER OF YOUR PRODUCT GO OUT OF BUSINESS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS PLAN, THE SELLER, OBLIGOR AND THE ADMINISTRATOR SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL RECEIVE A FULL REFUND OF THE PLAN PURCHASE PRICE PAID BY YOU.
Illinois: Covered items must be in place and in good operating condition on the effective date of coverage and become inoperative due to defects in materials or workmanship, normal wear and tear, or accidental damage from handling, after the effective date of this Service Agreement.
Indiana: This Contract is not insurance and is not subject to Indiana insurance law. Your proof of payment to the Seller for this Service Agreement shall be considered proof of payment to the insurance company which guarantees Our obligations to You. If We fail to perform or make payment due under this Contract within sixty (60) days after You request the performance or payment, You may request the performance or payment directly from the insurer that issued the provider's Service Contract reimbursement policy, including any applicable requirement under the Contract that the provider refund any part of the cost of the Contract upon cancellation of the Contract. This Service Agreement excludes coverage for pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you or caused by You.
Maryland: In the event the Service Agreement expires during time of an approved Claim, Your coverage will be automatically extended until the date in which the Claim in progress has been fulfilled completely in accordance with the terms and conditions of the Service Agreement. CANCELLATION is amended as follows: No cancellation fee shall apply
Michigan: If performance of the Service Agreement is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the Service Agreement shall be extended for the period of the strike or work stoppage.
Missouri: The following statement is added to Section Entire Contract “A claim submitted to the insurer may include a claim of the unearned premium in the event of a cancellation”. CANCELLATION section is amended as follows: In no event will a cancellation fee or any claims be deducted from any refund.
Nevada: If You are not satisfied with the manner in which We are handling your claim, You may contact the Nevada Insurance Commissioner toll-free at (888)-872-3234. CANCELLATION is amended to include: We may cancel this Service Agreement within seventy (70) days from the date of purchase for any reason. After seventy (70) days, We may only cancel this Service Agreement for nonpayment by You, fraud or material misrepresentation by You, or a substantial breach of duties by You relating to the covered property or its use if it occurred after the effective date of the service contract and it substantially and materially increase the service required under the service contract. In no event will any claims incurred or paid be deducted from any refund. You may cancel this Service Agreement and You will receive a pro rata refund, less a cancellation fee not to exceed ten percent (10%) of the Purchase Price or twenty dollars ($20.00) whichever is less. ITEMS NOT COVERED is amended to include: This Service Agreement provides coverage that is excess over any other applicable coverage. Only unauthorized product repairs, modifications or alterations performed after the effective date of the Service Agreement, or damages arising from such actions are excluded.
New Hampshire: In the event You do not receive satisfaction under this Service Contract, You may contact the New Hampshire Insurance Department at, 21 South Fruit Street, Suite 14, Concord, NH 03301, 603- 271-2261.
New Mexico: GUARANTY is amended to include: This service contract is insured by Wesco Insurance Company. If the service contract provider fails to pay You or otherwise provide You with the covered service within sixty (60) days of Your submission of a valid claim, You may submit Your claim to Wesco Insurance Company at 866-505-4048, WescoHelp@amtrustgroup.com, or 59 Maiden Lane, 43rd Floor, New York, NY 10038. If You have any concerns regarding the handling of Your claim, You may contact the Office of Superintendent of lnsurance at 855-427-5674. CANCELLATION is amended as follows: We may cancel this Service Contract within seventy (70) days from the date of purchase for any reason. After seventy (70) days, We may only cancel this Service Contract for the following acts by the Contract Holder: Non-payment; conviction of a crime that results in an increase in the service required under the Service Contract; discovery of fraud or material misrepresentation by the Contract Holder in obtaining the Service Contract or in presenting a claim; or discovery of either of the following if it occurred after the effective date of the Service Contract and substantially and materially increased the service required under the Service Contract: an act or omission; or a violation of any condition of the Service Contract. If We cancel Your Service Contract You will be entitled to a pro-rata refund of the unearned Service Contract fee, and We shall provide written notice to You at the last known address held by Us at least fifteen (15) days preceding the effective date of cancellation. The notice will state the effective date and the reason for the cancellation.
New York: CANCELLATION is amended as follows: If You request cancellation of this Service Contract within twenty (20) days of the purchase date of the Service Contract if mailed, or within ten (10) days of the purchase date of the Service Contract if delivered at time of sale and the refund is not paid or credited within thirty (30) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Service Contract.
North Carolina: CANCELLATION is amended as follows: We may only cancel this Service Agreement for non-payment of the Purchase Price of the Service Agreement or a direct violation of the Service Agreement by You.
Oklahoma: The Service Warranty Association is Northcoast Warranty Services, Inc., Oklahoma Identification #44200963. This is not an insurance contract. Coverage afforded under this service warranty is not guaranteed by the Oklahoma Insurance Guaranty Association.
Oregon: This Service Contract is an agreement between the Obligor/Provider, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, 866-927-3097 and You. WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE – If You need to file a claim under this Service Agreement, You must contact the Administrator at 800-800-1492 to obtain a repair authorization number prior to having any repairs made to Your Covered Product. If You reasonably determine that You have a covered Failure when the Administrator’s office is closed and You choose to have Your Covered Product repaired, You are responsible for paying for the repair. You must then call the Administrator during the next available regular business hours, or as soon as reasonably possible, so that the Administrator may determine whether there was a covered Failure. Failure to call in and report the claim may result in non- payment. If the Administrator determines that there was a covered Failure, then We will pay You in accordance with the terms and conditions of this Service Agreement.
South Carolina: If You have any questions regarding this Service Agreement, or a complaint against the Obligor, You may contact the South Carolina Department of Insurance at 1201 Main Street, Suite 1000, Columbia, South Carolina 29201, (803) 737-6160.
Texas: The Administrator is Safeware, The Insurance Agency, Inc., Service Contract Administrator No.184. If You purchased this Service Agreement in Texas, unresolved complaints concerning a provider or questions concerning the registration of a Service Agreement provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 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 Service Agreement is returned to the provider. Should We fail to pay any claim or fail to replace the Covered Product covered under this Service Agreement within sixty (60) days after the claim has been submitted, You are entitled to make a direct claim against the insurer, Wesco Insurance Company, at 866-505-4048 or 59 Maiden Lane, 43rd Floor, New York, NY 10038.CANCELLATION section is amended as follows: You may return this Service Agreement within thirty (30) days of the date of purchase of this Service Agreement. If this Service Agreement is cancelled within the first thirty (30) days, We will refund the entire Service Agreement charge, less claims paid. If this Service Agreement is cancelled after the first thirty (30) days, You will receive a pro-rata refund of the Service Agreement price less claims paid and less an administrative fee not to exceed ten percent (10%) of the Purchase Price or $20.00 whichever is less. If We cancel this Service Agreement, no cancellation fee shall apply and We shall provide written notice to You at the last known address held by Us at least fifteen (15) days preceding the effective date of cancellation. The notice will state the effective date and the reason for the cancellation.
Utah: Full payment will be received for the purchase price of this Service Agreement at the time of purchase. The Obligor is Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097.NOTICE. This Service Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Service Agreement is not guaranteed by the Utah Property and Casualty Guarantee Association. INSURER is amended as follows: Should the Obligor fail to pay or provide service on any claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the Insurance Company. CANCELLATION is amended as follows: We may only cancel this Service Agreement for material misrepresentation by You, nonpayment by You or a substantial breach of contractual duties by You relating to the covered property or its use. If We cancel this Service Agreement for material misrepresentation or a substantial breach of contractual duties, such cancellation will be effective thirty (30) days after mailing of notice. If We cancel this Service Agreement for non-payment, such cancellation will be effective ten (10) days after the mailing of notice. The notice will state the effective date and the reason for the cancellation. HOW TO FILE A CLAIM – If You need to file a claim under this Contract, You must contact the Administrator at 1-866-367-5674, available 24/7, to obtain a repair authorization number prior to having any repairs made to Your Device. Failure to call in and report the claim may result in non-payment.
Virginia: If any promise made in the Service 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: This Service Agreement is an agreement between the Obligor/Provider, AMT Warranty Corp., 800 Superior Ave. E., 21st Fl., Cleveland, OH 44114 and You. The State of Washington is the jurisdiction for any civil action in connection with this Contract. ITEMS NOT COVERED – What is excluded from coverage is limited to that which is expressly stated under the “ITEMS NOT COVERED” section of this Service Agreement. INSURER is amended to include: A Contract Holder is entitled to apply directly to Wesco Insurance Company, at 59 Maiden Lane, 43rd Floor, New York, NY 10038 or 866-505-4048 for refund, payment or performance due. WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE – If You need to file a claim under this Service Agreement, You must contact the Administrator at (800) 800- 1492 to obtain a repair authorization number prior to having any repairs made to Your Covered Product. If You reasonably determine that You have a covered Failure when the Administrator’s office is closed and You choose to have Your Covered Product repaired, You are responsible for paying for the repair. You must then call the Administrator during the next available regular business hours, or as soon as reasonably possible, so that the Administrator may determine whether there was a covered Failure. Failure to call in and report the claim will result in non-payment. If the Administrator determines that there was a covered Failure, then We will pay You in accordance with the terms and conditions of this Contract. CANCELLATION is amended as follows: If You request cancellation of this Service Contract within twenty (20) days of the purchase date of the Service Contract if mailed, or within ten (10) days of the purchase date of the Service Contract if delivered at time of sale and the refund is not paid or credited within thirty (30) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Service Contract.
Wisconsin: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BU THE OFFICE OF THE COMMISSIONER OF INSURANCE. CANCELLATION is deleted and replaced as follows: You may cancel this Service Agreement at any time by informing Us or the Administrator. If this Agreement is canceled within thirty (30) days of the date of purchase and no Claims have been paid, the Administrator shall return one hundred percent (100%) of the Purchase Price paid and the Service Agreement shall be void. The right to void the Service Agreement applies only to the original purchaser of the Service Agreement. If Your refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, We will add an extra ten percent (10%) to Your due refund for every thirty (30) days the refund is not paid by Us. For Service Agreements canceled subsequent to the period stated in the preceding paragraph or if a claim has been made under this Service Agreement within such period, We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Service Agreement Purchase Price paid. If You request cancellation due to a total loss of Your Covered Product which is not covered by a replacement under the terms of Your Service Agreement, the Administrator shall return one hundred percent (100%) of the unearned pro-rata Service Agreement Purchase Price paid, less claims paid. We may only cancel this Service Agreement for material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. If We cancel for any reason other than nonpayment, then We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Purchase Price paid. If We cancel this Service Agreement, We shall provide written notice to You at Your last known address at least five (5) days prior to cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. Unauthorized repairs may not be covered. INSURER is deleted and replaced as follows: Our obligations under this Service Agreement are insured under a Service Contract reimbursement insurance policy. Should We fail to pay any Claim or fail to replace the Covered Product under this Service Agreement within sixty (60) days after You provide proof of loss or, in the event You cancel this Service Agreement and We fail to refund the unearned portion of the Service Agreement Purchase Price, or if the Obligor becomes insolvent or otherwise financially impaired, You are entitled to make a direct Claim against the insurer, Wesco Insurance Company, at 1-866-505-4048 or 59 Maiden Lane, 43rd Floor, New York, NY 10038 for reimbursement, payment or provision of this Service Agreement