Common use of Commitment for Recall Repair Clause in Contracts

Commitment for Recall Repair. 1. Under the Voluntary Recall, Settlement Class Members who are original purchasers may chose a Recall Repair, in which a Samsung Authorised Service Center provides Settlement Class Members with a free in home repair to reinforce their Washers’ top, and they also receive a one (1) year extension of the manufacturer’s warranty. 2. Settlement Class Members who are subsequent purchasers are entitled to request and receive a Recall Repair in which a Samsung Authorized Service Center provides Settlement Class Members with a free in-home repair to reinforce their Washers’ top, but without the one (1) year extension of the manufacturer’s warranty. Settlement Class Members who are subsequent purchasers are not entitled to any benefits whatsoever under this Agreement except for the benefits to which they may be entitled pursuant to Section IV.C and IV.D. 3. To obtain a Recall Repair under this Section IV.D, Claimants must submit to the Settlement Administrator no later than the Claims Deadline a properly completed and executed Claim Form containing any requisite accompanying documentation, which must include: (a) the model number and serial number of the Claimant’s Washer; (b) a statement that they are selecting a Recall Repair (c) a statement that the Claimant has (i) affixed to his or her Washer’s control panel the control panel guide provided in the Home Label Kit; (ii) operates his or her Washer in accordance with the additional safety instructions provided in the Home Label Kit; and (d) a signed statement under penalty of perjury from the Claimant attesting that all of the statements in the Claim Form are true and correct. 4. Settlement Class Members who have not submitted a Claim Form and selected a Recall Rebate or Recall Repair (regardless of whether they were entitled to do so) no later than the Claims Deadline will thereafter not be entitled to any benefits whatsoever under this Agreement or the Voluntary Recall except for any benefits to which they are expressly entitled pursuant to Sections IV.D.5-7. 5. Settlement Class Members who request a Recall Repair in the one (1) year after the Claims Deadline will be entitled to a Recall Repair but without any warranty extension. 6. For any Settlement Class Member who requests a Recall Repair in accordance with this Section IV.D after the Settlement Notice Date, where SECA is able to confirm receipt of such a request and that it was made within one (1) year of the Claims Deadline, SECA commits that a Samsung Authorized Service Center will effectuate such Recall Repair within fourteen (14) days of the Settlement Class Member’s request. 7. Should a Samsung Authorized Service Center prove unable, solely as a result of an act or omission by the Samsung Authorized Service Center, to effectuate a requested Recall Repair made within fourteen (14) days of a Settlement Class Member’s request pursuant to Section IV.D.6, SECA will provide the Settlement Class Member with a one-time $50.00 cash- equivalent card. However, this provision shall not apply if SECA elects to replace rather than repair the Settlement Class Member’s Washer. Further, the fourteen (14) day limit will not apply when the Washer is located 200 km or more from a Samsung Authorized Service Center, in which case the repair will be completed as soon as reasonably practical. 8. To obtain the one-time $50.00 cash-equivalent card under this Section IV.D, a Settlement Class Member must submit to the Settlement Administrator for verification: (a) the model number and serial number of the Settlement Class Member’s Washer; and (b) a signed statement under penalty of perjury attesting (i) to the date, after entry of the Settlement Approval Order, that the Settlement Class Member requested a Recall Repair to his or her Washer, (ii) to the failure of a Samsung Authorized Service Center to effectuate the requested Recall Repair within fourteen (14) days of the Settlement Class Member’s request, (iii) that such failure is not attributable to any act or omission by the Settlement Class Member or by any other party apart from the Samsung Authorized Service Center, and (iii) that the Settlement Class Member or another party was reasonably available during the fourteen (14) day period to allow the Samsung Authorized Service Center to perform the requested Recall Repair. Upon SECA’s acceptance of a Settlement Class Member’s submission, unless otherwise provided herein, SECA will provide the Settlement Class Member by mail with Canada Post with a one-time $50.00 cash-equivalent card.