IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim under this Service Agreement, You must contact the Administrator at 0-000-000-0000 (available 24 hours a day) to obtain a repair authorization number prior to having any repairs made to Your Product. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When You receive authorization for repairs, the service representative will direct You to a designated service center. A copy of the proof of Product purchase (sales receipt), and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packaging. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Service Agreement expires during the time of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completed. TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGE; (M) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES; (N) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASED; (O) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (T) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZER); (U) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWN-OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENT; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AA) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (AB) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (AC) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (AD) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AF) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AH) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (AR) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (AT) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AU) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AV) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. (AW) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim under this Service Agreement, You must contact the Administrator at 0-000-000-0000 (available 24 hours a day) to obtain a repair authorization number prior to having any repairs made to Your Product. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When You receive authorization for repairs, the service representative will direct You to a designated service center. A copy of the proof of Product purchase (sales receipt), and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packaging. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Service Agreement expires during the time of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completed. TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGE; (M) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES; (N) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASED; (O) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (T) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZER); (U) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWN-OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENT; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AAZ) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (ABAA) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (ACAB) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (ADAC) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.; (AEAD) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AFAE) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AGAF) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AHAG) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AIAH) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJAI) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASEDSCREENS; (AKAJ) REPAIR OF LCD/PLASMA LCD RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (ALAK) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AOAL) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (APAM) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- CD-ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQAN) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (ARAO) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (ATAP) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AUAQ) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AVAR) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. ; (AWAS) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA; (AT) MAINTENANCE KITS OR PLANS WHICH THE MANUFACTURER DEFINES AS A REQUIREMENT AFTER AN OPERATIONAL TIME PERIOD, PAGE COUNT, ETC.; (AU) PLASMA TV’S, MICRO DISPLAY TV’S, CAMERAS OR CAMCORDERS. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.
Appears in 1 contract
Samples: Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim under this Service Agreement, You must contact the Administrator at 0-0- 000-000-0000 (available 24 hours a day) to obtain a repair authorization number prior to having any repairs made to Your Product. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof of Product purchase (sales receipt) available when You contact the Administrator. WHAT IS NOT COVERED: THIS SERVICE AGREEMENT MAY BECOME VOID IF DOES NOT COVER ANY LOSS, REPAIRS OR DAMAGE CAUSED BY OR RESULTING FROM: (A) PRE-EXISTING CONDITIONS INCURRED OR KNOWN TO YOU MAKE UNAUTHORIZED REPAIRS(“PRE-EXISTING” MEANS A CONDITION THAT WITHIN ALL REASONABLE MECHANICAL OR ELECTRICAL PROBABILITY RELATES TO THE MECHANICAL FITNESS OF YOUR COVERED PRODUCT PRIOR TO ISSUANCE OF THIS SERVICE AGREEMENT); (B) IMPROPER PACKAGING AND/OR TRANSPORTATION BY YOU OR YOUR REPRESENTATIVE RESULTING IN DAMAGE DURING SHIPMENT TO A SERVICE CENTER OR RELOCATION OF THE COVERED PRODUCT; (C) INSTALLATION, REMOVAL, REINSTALLATION OR IMPROPER INSTALLATION OF COMPONENTS, UPGRADES, ATTACHMENTS OR PERIPHERALS; (D) PRODUCTS AND/OR COMPONENTS THAT ARE USED IN APPLICATIONS THAT REQUIRE CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION, OR ARE USED FOR COMMERCIAL, INDUSTRIAL, EDUCATIONAL OR PUBLIC USE PURPOSES OR OFFERED ON A RENTAL BASIS, OR COIN-OPERATED PRODUCTS; (E) DAMAGE OR FAILURE CAUSED BY RIOT, NUCLEAR RADIATION, WAR OR HOSTILE ACTION, RADIOACTIVE CONTAMINATION, ETC.; (F) DAMAGE FROM FREEZING OR OVERHEATING; (G) INADEQUATE ELECTRICAL SERVICE; (H) INTERRUPTION OF ELECTRICAL SERVICE; (I) NEGLECT, NEGLIGENCE, MISUSE, ABUSE, INTENTIONAL PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE, PHYSICAL DAMAGE OR MALICIOUS MISCHIEF, THEFT OR MYSTERIOUS DISAPPEARANCE, VANDALISM, RUST, CORROSION, WARPING, BENDING, ANIMAL OR INSECT INFESTATION, ETC. When You receive authorization for repairsTO THE COVERED PRODUCT OR ANY COMPONENT; (J) DAMAGE OR FAILURE DUE TO CAUSES BEYOND YOUR CONTROL SUCH AS ENVIRONMENTAL CONDITIONS, the service representative will direct You to a designated service center. A copy of the proof of Product purchase (sales receipt), and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packaging. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Service Agreement expires during the time of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completed. EXPOSURE TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDINGNATURE, INCLUDING BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.OTHER EXTERNAL PERILS OF NATURE; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGE; (M) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES; (N) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASEDDROPPING; (O) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (T) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZER)CONSUMER; (U) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIANPRODUCT; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “‘BROWN-OUT”’, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION SURGE, FAILURE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF THIS DOCUMENTLUBRICANTS OR COOLANTS DURING OPERATION; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN SERVICE TECHNICIAN AUTHORIZED SERVICE TECHNICIANBY US; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AA) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (AB) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (AC) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (AD) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AF) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AH) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (AR) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (AT) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AU) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUELFUEL OR LUBRICATION; (AVY) LIABILITY COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR DAMAGE REWORK TO PROPERTYREPAIR DESIGN OR COMPONENT DEFICIENCIES, OR INJURYIMPROPER CONSTRUCTION, OR DEATH TO ANY PERSON ARISING OUT MANUFACTURER ERROR, ETC.; REGARDLESS OF THE OPERATION, MAINTENANCE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (Z) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR USE OF THE COVERED PRODUCT. (AW) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.‘AS IS’;
Appears in 1 contract
Samples: Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim Claim under this Service AgreementContract, You must contact obtain authorization by calling the Administrator at 0-000-000-0000 (available 24 hours a day) or by visiting xxx.XxXxxxxxxxxxXxxx000.xxx/XxxxxXxxxxx. If You need authorization when the Administrator’s office is closed, You may obtain prior authorization by visiting xxx.XxXxxxxxxxxxXxxx000.xxx/XxxxxXxxxxx any time. Failure to obtain a repair prior authorization number prior may result in non-payment. CANCELLATION is amended as follows: Any refund may be credited to having any repairs made outstanding balance of Your account and the excess, if any, returned to Your ProductYou. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof If any refund due to You is not paid within 45 days after the return of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When You receive authorization for repairs, the service representative contract to Us we will direct You pay 10% interest on the refund for every 30 days that the refund is not issued to a designated service centerYou. A copy of Arizona: LIMIT OF LIABILITY is amended as follows: in addition to that which is noted above, neither we nor the proof of Product purchase (sales receipt), and a brief written description of administratornor the problem must accompany Your Product. We will not retailer shall be liable for freight charges any incidental or consequential damages; including but not limited to: property damage, lost time, lost data, or lost income/wages resulting from the failure of or damage due to improper packaging. Do not return Your Product any covered product or component thereof, regardless of whether such failure or damage is covered under the provisions of this contract, or from delays in service or the inability to Your retailer unless so instructed by render service, or resulting from the Administrator. If Your Service Agreement expires during the time unavailability of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completedparts/components/items or inability to provide exact match replacement, or if the information provided by You cannot be verified as accurate or is found to be deceptively inaccurate; including any inherent product flaws. TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDINGWHAT IS NOTCOVERED - We shall not provide coverage only for those specifically listed items in the “WHAT IS NOT COVERED” section which occurred while owned by You. "Pre-existing conditions" definition is deleted and replaced with: If the information provided by You cannot be verified as accurate or is found to be deceptively inaccurate. CANCELLATION is amended as follows: The Provider may only cancel this Service Contract for fraud by You, BUT NOT LIMITED TO: FIREmaterial misrepresentation by You, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETCnonpayment by You or a substantial breach of duties by You relating to the covered property or its use. In no event will any claims incurred or paid be deducted from any refund.; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGE; (M) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES; (N) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASED; (O) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (T) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZER); (U) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWN-OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENT; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AA) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (AB) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (AC) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (AD) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AF) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AH) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (AR) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (AT) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AU) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AV) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. (AW) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.
Appears in 1 contract
Samples: Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim Claim under this Service AgreementContract, You must contact obtain authorization by calling the Administrator at 0-000-000-0000 (available 24 hours a day) or by visiting xxx.XxXxxxxxxxxxXxxx000.xxx/. If You need authorization when the Administrator’s office is closed, You may obtain prior authorization by visiting xxx.XxXxxxxxxxxxXxxx000.xxx/ any time. Failure to obtain a repair prior authorization number prior may result in non-payment. CANCELLATION is amended as follows: Any refund may be credited to having any repairs made outstanding balance of Your account and the excess, if any, returned to Your ProductYou. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof If any refund due to You is not paid within 45 days after the return of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When You receive authorization for repairs, the service representative contract to Us we will direct You pay 10% interest on the refund for every 30 days that the refund is not issued to a designated service centerYou. A copy of Arizona: LIMIT OF LIABILITY is amended as follows: in addition to that which is noted above, neither we nor the proof of Product purchase (sales receipt), and a brief written description of administrator nor the problem must accompany Your Product. We will not retailer shall be liable for freight charges any incidental or consequential damages; including but not limited to: property damage, lost time, lost data, or lost income/wages resulting from the failure of or damage due to improper packaging. Do not return Your Product any covered product or component thereof, regardless of whether such failure or damage is covered under the provisions of this contract, or from delays in service or the inability to Your retailer unless so instructed by render service, or resulting from the Administrator. If Your Service Agreement expires during the time unavailability of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completedparts/components/items or inability to provide exact match replacement, or if the information provided by You cannot be verified as accurate or is found to be deceptively inaccurate; including any inherent product flaws. TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDINGWHAT IS NOT COVERED - We shall not provide coverage only for those specifically listed items in the “WHAT IS NOT COVERED” section which occurred while owned by You. "Pre-existing conditions" definition is deleted and replaced with: If the information provided by You cannot be verified as accurate or is found to be deceptively inaccurate. CANCELLATION is amended as follows: The Provider may only cancel this Service Contract for fraud by You, BUT NOT LIMITED TO: FIREmaterial misrepresentation by You, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETCnonpayment by You or a substantial breach of duties by You relating to the covered property or its use. In no event will any claims incurred or paid be deducted from any refund.; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGE; (M) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES; (N) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASED; (O) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (T) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZER); (U) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWN-OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENT; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AA) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (AB) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (AC) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (AD) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AF) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AH) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (AR) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (AT) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AU) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AV) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. (AW) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.
Appears in 1 contract
Samples: Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim under this Service Agreement, You must contact the Administrator at 01-000800-000292-0000 7726 (available 24 hours a day) to obtain a repair authorization number prior to having any repairs made to Your Product. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When You receive authorization for repairs, the service representative will direct You to a designated service center. A copy of the proof of Product purchase (sales receipt), and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packaging. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Service Agreement expires during the time of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completed. TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGE; (M) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES; (N) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASED; (O) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (T) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZER); (U) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWNXXXXX-OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENT; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AA) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (AB) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (AC) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (AD) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AF) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AH) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- CD-ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (AR) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (AT) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AU) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AV) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. ; AND (AW) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID. THIS SERVICE AGREEMENT DOES NOT COVER ANY LOSS, REPAIRS, DEFECTS, STAINS, OR DAMAGE CAUSED BY OR RESULTING FROM: (A) DOES NOT COVER FLOOR SAMPLES OR MERCHANDISE SOLD AS “CLEARANCE” OR “AS IS” AT THE TIME OF PURCHASE; (B)READY-TO-ASSEMBLE (RTA) FURNITURE; (C) WICKER, RATTAN, OR PVC FURNITURE; (D) FURNITURE THAT IS USED FOR COMMERCIAL, INSTITUTIONAL, OUTDOOR OR RENTAL PURPOSES; (E) STAINS, SOILING OR DAMAGE RESULTING FROM EVERYDAY USE OR WHICH HAS BUILT UP OVER TIME, (E.G. HAIR, BODY OR SUNTAN OILS AND/OR LOTIONS) OR SIGNS OF SOILING INCLUDE DARKENED AREAS WHERE THE BODY COMES INTO CONTACT WITH THE FURNITURE (THESE DARKENED AREAS ARE SIGNS OF SOIL BUILD-UP); (F) DAMAGE DUE TO HARSH OR CORROSIVE CHEMICALS; ACIDS, INCLUDING WITHOUT LIMITATION, DYES AND INKS (EXCEPT BALLPOINT), FERTILIZER, BLEACH, OR GUM; (G) PET DAMAGE (EXCEPT BODILY FLUIDS AS OUTLINED UNDER THE COVERAGE’S SECTION); (H) COLOR LOSS OR CRACKING AND PEELING ON ANY LEATHER OR VINYL; (I) STAINS OR DAMAGE CAUSED BY INCONTINENCE; (J) SUN FADE OR DIRECT EXPOSURE TO SUNLIGHT, BRIGHT LIGHT OR EXTREME HEAT; (K) STONE OR SAND ABRASION; (L) ODORS; (M) EXTREME TEMPERATURE OR HUMIDITY CHANGES; (N) FABRICS WITH “X” CLEANING CODES AND NON-COLORFAST FABRICS AND LEATHERS; (O) FURNITURE THAT HAS BEEN NEGLECTED, ABUSED OR IS IN AN UNSERVICEABLE CONDITION; (P) STAINS, COLOR LOSS OR DAMAGE RESULTING FROM CLEANING METHODS OR PRODUCTS (DETERGENTS, ABRASIVES OR OTHER HARSH CLEANING AGENTS) OTHER THAN THOSE RECOMMENDED BY THE FURNITURE MANUFACTURER; (Q) WEAR RELATED ISSUES, SUCH AS BUT NOT LIMITED TO, FADING, WEAR, SEAM SEPARATION, STRESS TEARS, LOSS OF FOAM RESILIENCY, PILLING OR FRAYING OF ANY FABRIC ON ALL TYPES OF FURNITURE; (R) SPLITS OR BI-CAST LEATHER; (S) VARIATION OF THE COLOR, OR GRAINING OF WOOD OR WOOD PRODUCTS, MARBLE OR LEATHER; SPLIT LEATHERS USED IN SEAT CUSHIONS, BACK CUSHIONS OR TOP OR INSIDE ARM AREAS; NATURAL MARKINGS ON LEATHER, SUCH AS, HEALED SCARS, INSECT BITES, BRAND MARKS OR WRINKLES, OR SUEDE, AND LEATHERS WITH EMBOSSED PATTERNS OTHER THAN THOSE STIMULATING NATURAL COWHIDE; NON-BOVINE LEATHERS; NUBUCK AND OTHER BUFFED LEATHERS; (T) PICK-UP AND DELIVERY OF PRODUCTS TO AND FROM A CLIENT LOCATION; (U) LOSS OR DAMAGE TO THE COVERED PRODUCT WHILE IN THE COURSE OF TRANSIT; (V) DAMAGE OCCURRING PRIOR TO OR DURING DELIVERY OR WHILE FURNITURE IS BEING MOVED BETWEEN RESIDENCES OR INTO OR OUT OF STORAGE; (W) IMPROPER OR INADEQUATE STORAGE; (X) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (Y) CLOCK MECHANISMS; (AK) DESIGN DEFICIENCY; (Z) PRODUCTS WITH SAFETY FEATURE(S) REMOVED, BYPASSED, DISABLED OR ALTERED OR REPAIRS TO PRODUCTS WITH ALTERED OR MISSING SERIAL NUMBERS; (AA) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY COMPONENT PRODUCT OF YOUR FURNITURE SET OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, ALTERATIONS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (AB) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC. OR OPERATIONAL ERRORS ON THE PART OF THE CONSUMER; USER EDUCATION, OR SET UP ADJUSTMENTS.
Appears in 1 contract
Samples: Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim under this Service Agreement, You must contact the Administrator at 0-000-000-0000 (available 24 hours a day) to obtain a repair authorization number prior to having any repairs made to Your Product. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRSREPAIRS OR CLEANINGS. When You receive authorization for repairs, the service representative will direct You to a designated service center. A copy of the proof of Product purchase (sales receipt), and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packaging. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Service Agreement expires during the time of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completed. THIS SERVICE AGREEMENT DOES NOT COVER ANY LOSS, REPAIRS, DEFECTS, STAINS OR DAMAGES CAUSED BY OR RESULTING FROM: (A) PRE-EXISTING CONDITIONS INCURRED OR KNOWN TO YOU (PRE-EXISTING MEANS A CONDITION THAT WITHIN ALL REASONABLE PROBABILITY RELATES TO THE FITNESS OF YOUR COVERED MERCHANDISE PRIOR TO CONTRACT ISSUANCE); (B) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA; (C) DOES NOT COVER FLOOR SAMPLES OR MERCHANDISE SOLD AS “CLEARANCE” OR “AS IS” AT THE TIME OF PURCHASE; (D) READY- TO-ASSEMBLE (RTA) FURNITURE; WICKER, RATTAN OR PVC FURNITURE; (E) FURNITURE THAT IS USED FOR COMMERCIAL, INSTITUTIONAL, OUTDOOR OR RENTAL PURPOSES; (F) DAMAGE OR ACCIDENTS DUE TO CAUSES BEYOND YOUR CONTROL SUCH AS ENVIRONMENTAL CONDITIONS OR EXPOSURE TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: COLLAPSE OR EXPLOSION; DIRT, EARTHQUAKE, FIRE, FLOODS, SMOKEFREEZES, SAND, DIRTHAIL, LIGHTNING, MOISTURE, MOISTURE OR WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, NATURAL DISASTERS, NUCLEAR RADIATION, RADIOACTIVE CONTAMINATION, RIOT, SAND, SMOKE, SPILLAGE OF ANY KIND UNLESS OTHERWISE NOTED UNDER THE COVERAGE’S SECTION, STORMS, TORNADOS, WAR OR HOSTILE ACTION, WIND OR WINDSTORM, HAILETC.; (G) ABUSE, EARTHQUAKEACCIDENTAL DAMAGE (UNLESS OTHERWISE NOTED UNDER THE COVERAGE’S SECTION), ANIMAL OR INSECT INFESTATION, BENDING, CORROSION, FUNGUSM, INTENTIONAL PHYSICAL/MECHANICAL DAMAGE, MALICIOUS MISCHIEF, MISUSE, MOLD OR MILDEW, NEGLECT, NEGLIGENCE, PHYSICAL DAMAGE, THEFT OR MYSTERIOUS DISAPPEARANCE, VANDALISM, ROT, RUST, WARPING, ETC. TO THE COVERED PRODUCT OR ANY COMPONENT PRODUCT OF YOUR FURNITURE SET; (H) ACCIDENTS, INTENTIONAL OR ACCIDENTAL DAMAGE, BY THIRD PARTIES (E.G., ANY INDEPENDENT CONTRACTS, SUCH AS BUT NOT LIMITED TO PLUMBER, PAINTER OR OTHER SERVICE OR MAINTENANCE PERSONNEL; (I) UNAUTHORIZED REPAIRS OR MODIFICATIONS; (J) REPAIRS TO PRODUCTS OR ATTACHMENTS NOT LISTED ON THE SERVICE AGREEMENT PURCHASE DOCUMENTATION OR XXXX OF SALE; (K) REPLACEMENT COSTS FOR LOST PARTS OR COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON- OPERATING OR DECORATIVE PARTS OR ANY NON-MOTOR DRIVEN MECHANICAL PARTS, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS FINISH DEFECTS, FRAMES, GLASS, HANDLES, HINGES, KNOBS, LATCHES, LIGHTS, MOLDINGS, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, SHELVES, SUPPORTS, SUSPENSION, ETC.; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGECLOCK MECHANISMS; (M) COLLISION WITH ANOTHER OBJECTCOST OF PREVENTATIVE MAINTENANCE, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSESOR GENERAL MAINTENANCE AND CLEANING; (N) ACCIDENTAL DAMAGECLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASEDANOTHER SERVICE AGREEMENT OR OTHER INSURANCE; (O) DAMAGEANY REPAIRS OR PARTS COVERED BY A REPAIR FACILITY OR MANUFACTURER RECALL, WARPINGWARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, BENDING OR RUSTING OF ANY KIND TO THE HOUSINGIMPROPER CONSTRUCTION, CABINETRYMANUFACTURER ERROR, SUPPORTS, OUTSIDE CASING OR FRAME ETC. REGARDLESS OF THE PRODUCTMANUFACTURER’S OR REPAIR FACILITY’S ABILITY TO PAY FOR SUCH REPAIRS; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (TQ) OPERATIONAL ERRORS ON STAINS, SOILING OR DAMAGE RESULTING FROM EVERYDAY USE OR WHICH HAS BUILT UP OVER TIME, (E.G. HAIR, BODY OR SUNTAN OILS AND/OR LOTIONS) OR SIGNS OF SOILING INCLUDE DARKENED AREAS WHERE THE PART BODY COMES INTO CONTACT WITH THE FURNITURE (THESE DARKENED AREAS ARE SIGNS OF THE CONSUMER (E.G., AS ABNORMAL ICE SOIL BUILD-UP IN A REFRIGERATOR OR FREEZERUP); (R) DAMAGE DUE TO HARSH OR CORROSIVE CHEMICALS; ACIDS, INCLUDING WITHOUT LIMITATION, DYES AND INKS (EXCEPT BALLPOINT), FERTILIZER, BLEACH, OR GUM; (S) PET DAMAGE (EXCEPT BODILY FLUIDS AS OUTLINED UNDER THE COVERAGE’S SECTION); (T) COLOR LOSS OR CRACKING AND PEELING ON ANY LEATHER OR VINYL; (U) STAINS OR DAMAGE CAUSED BY INCONTINENCE; (V) SUN FADE OR DIRECT EXPOSURE TO SUNLIGHT, BRIGHT LIGHT OR EXTREME HEAT; (W) STONE OR SAND ABRASION; (X) ODORS; (Y) EXTREME TEMPERATURE OR HUMIDITY CHANGES; (Z) FABRICS WITH “X” CLEANING CODES AND NON-COLORFAST FABRICS AND LEATHERS; (AA) FURNITURE THAT HAS BEEN NEGLECTED, ABUSED OR IS IN AN UNSERVICEABLE CONDITION; (AB) STAINS, COLOR LOSS OR DAMAGE RESULTING FROM CLEANING METHODS OR PRODUCTS (DETERGENTS, ABRASIVES OR OTHER HARSH CLEANING AGENTS) OTHER THAN THOSE RECOMMENDED BY THE FURNITURE MANUFACTURER; (AC) WEAR RELATED ISSUES, SUCH AS BUT NOT LIMITED TO, FADING, WEAR, SEAM SEPARATION, STRESS TEARS, LOSS OF FOAM RESILIENCY, PILLING OR FRAYING OF ANY FABRIC ON ALL TYPES OF FURNITURE; (AD) SPLITS OR BI-CAST LEATHER; (AE) VARIATION OF THE COLOR, OR GRAINING OF WOOD OR WOOD PRODUCTS, MARBLE OR LEATHER; SPLIT LEATHERS USED IN SEAT CUSHIONS, BACK CUSHIONS OR TOP OR INSIDE ARM AREAS; NATURAL MARKINGS ON LEATHER, SUCH AS, HEALED SCARS, INSECT BITES, BRAND MARKS OR WRINKLES, OR SUEDE, AND LEATHERS WITH EMBOSSED PATTERNS OTHER THAN THOSE STIMULATING NATURAL COWHIDE; NON- BOVINE LEATHERS; NUBUCK AND OTHER BUFFED LEATHERS; (AF) PICK-UP AND DELIVERY OF PRODUCTS TO AND FROM A CLIENT LOCATION; (AG) LOSS OR DAMAGE TO THE COVERED PRODUCT WHILE IN THE COURSE OF TRANSIT; (AH) DAMAGE OCCURRING PRIOR TO OR DURING DELIVERY OR WHILE FURNITURE IS BEING MOVED BETWEEN RESIDENCES OR INTO OR OUT OF STORAGE; (AI) IMPROPER OR INADEQUATE STORAGE; (AJ) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (AK) DESIGN DEFICIENCY; (AL) PRODUCTS WITH SAFETY FEATURE(S) REMOVED, BYPASSED, DISABLED OR ALTERED OR REPAIRS TO PRODUCTS WITH ALTERED OR MISSING SERIAL NUMBERS; (AM) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT PRODUCT OF YOUR FURNITURE SET OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, ALTERATIONS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWN-OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENT; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AA) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (AB) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (AC) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (ADAN) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.. OR OPERATIONAL ERRORS ON THE PART OF THE CONSUMER; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AF) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AH) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (AR) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (AT) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AU) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AV) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. (AW) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- MANUFACTURER-AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.
Appears in 1 contract
Samples: Furniture Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim under this Service Agreement, You must contact the Administrator WCPS at 0-0- 000-000-0000 (available 24 hours a day) to obtain a repair authorization number prior to having any repairs made to Your Product. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When You receive authorization for repairs, the service representative will direct You to a designated service center. A copy of the proof of Product purchase (sales receipt), and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packaging. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Service Agreement expires during the time of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completed. TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.; (KJ) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (LK) BATTERY FAILURE OR LEAKAGE; (ML) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES; (N) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASED; (OM) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (PN) IMPROPER OR INADEQUATE STORAGE; (QO) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (RP) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (SQ) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (TR) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZER)CONSUMER; (US) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, ALTERATIONS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (VT) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWN-XXXXX- OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENTSURGE; (WU) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION SEIZED OR REPAIR MADE BY ANYONE DAMAGED PARTS OR OTHER THAN AN AUTHORIZED FAILURE/SERVICE TECHNICIANRESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS DURING OPERATION; (X) DAMAGE/FAILURE FAILURES DUE TO IMPROPER LUBRICATIONUSE OF CONTAMINATED, STALE OR IMPROPER FUEL (WHETHER GASOLINE, GASOLINE/OIL MIXTURE OR DIESEL FUEL) OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOLETHANOL OR BIODIESEL FUEL; (YV) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) ANY REPAIRS OR PARTS COVERED PRODUCTS SUBJECT TO BY A REPAIR FACILITY OR MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S OR REPAIR FACILITY’S ABILITY TO PAY FOR SUCH REPAIRS; (AAW) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (ABX) COVERED PRODUCTS WITH REMOVED SAFETY FEATURE(S) REMOVED, BYPASSED, DISABLED OR ALTERED OR REPAIRS TO PRODUCTS WITH ALTERED OR MISSING SERIAL NUMBERS; (ACY) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACTINCIDENTAL DAMAGES, OR INCLUDING BUT NOT LIMITED TO, LOSS OF USE OR DATA USE, LOSS OF BUSINESS, DOWN TIME AND CHARGES FOR TIME AND EFFORT DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (ADZ) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.. OR OPERATIONAL ERRORS ON THE PART OF THE CONSUMER; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AFAA) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AHAB) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (ARAC) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKESBRAKE CALIPERS, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DIFFERENTIAL CASE, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, ENGINE BLOCK TRANSMISSION CASE, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HEAD LIGHTS, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KEY ROLL BARS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIFT KITS, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPERMOLDINGS, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVESSHOCKS, SPARK PLUGS, STAPLES; SPRINGS, SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, OVERSIZED OR UNDERSIZED TIRES, TONERTOWING, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WHEEL CYLINDERS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (ASAD) INTERNAL BRAKE PAD OR IN-LINE BLOWERS LOCATED IN SEALS & GASKETS UNLESS REQUIRED TO COMPLETE THE ATTIC, ROOF OR AN OUTSIDE EXHAUSTREPAIR; (ATAE) OVER REVVING ENGINE AND/OR TRANSMISSION; (AF) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AUAG) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AVAH) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. ; (AWAI) NON-FACTORY RECONDITIONED PRODUCTS UNDER THE USED EQUIPMENT PROGRAM; (AJ) PICK-UP AND DELIVERY OF PRODUCTS TO AND FROM A CLIENT LOCATION IN EXCESS OF $75 PER INCIDENT; (AK) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCTAMERICA. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- MANUFACTURER-AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.
Appears in 1 contract
Samples: Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim under this Service Agreement, You must contact the Administrator at 0-000-000-0000 (available 24 hours a day) to obtain a repair authorization number prior to having any repairs made to Your Product. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRSREPAIRS OR CLEANINGS. When You receive authorization for repairs, the service representative will direct You to a designated service center. A copy of the proof of Product purchase (sales receipt), and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packaging. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Service Agreement expires during the time of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completed. TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGE; (M) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A THIS SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES DOES NOT COVER ANY OF THE DEFINED CAUSES; LOSS, REPAIRS, DEFECTS, STAINS OR DAMAGES CAUSED BY OR RESULTING FROM: (NA) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASED; PRE-EXISTING CONDITIONS INCURRED OR KNOWN TO YOU (O) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND PRE-EXISTING MEANS A CONDITION THAT WITHIN ALL REASONABLE PROBABILITY RELATES TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME FITNESS OF THE PRODUCT; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE YOUR COVERED MERCHANDISE PRIOR TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (T) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZERCONTRACT ISSUANCE); (U) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWN-OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENT; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AA) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (AB) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (AC) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (AD) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AF) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AH) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (AR) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (AT) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AU) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AV) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. (AWB) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT AMERICA; (C) DOES NOT COVER RESTORATION FLOOR SAMPLES OR MERCHANDISE SOLD AS “CLEARANCE” OR “AS IS” AT THE TIME OF SOFTWARE PURCHASE; (D) READY-TO-ASSEMBLE (RTA) FURNITURE; WICKER, RATTAN OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.PVC FURNITURE;
Appears in 1 contract
Samples: Furniture Service Agreement
IF YOUR PRODUCT NEEDS REPAIR. If You need to file a claim under this Service Agreement, You must contact the Administrator at 0-000-000-0000 (available 24 hours a day) 1‐877‐264‐9703 to obtain a repair authorization number prior to having any repairs made to Your Product. For on-line service or web chat, log onto xxx.XXXXXxXxxx.xxx. For faster service, please have Your proof of Product purchase (sales receipt) available when You contact the Administrator. THIS SERVICE AGREEMENT MAY BECOME VOID PROVIDE NO COVERAGE IF YOU MAKE UNAUTHORIZED REPAIRS. When You receive authorization for repairs, the service representative will direct You to a designated service center. A copy of the proof of Product purchase (sales receipt), and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packagingpackaging by You or Your representative. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Service Agreement expires during the time of an approved repair or replacement, this Service Agreement is extended until the repair or replacement has been completed. TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT WHAT IS NOT LIMITED TOCOVERED: FIRE, FLOODS, SMOKE, SAND, DIRT, LIGHTNING, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.; (K) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS; (L) BATTERY FAILURE OR LEAKAGE; (M) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, LIQUID SPILLAGE OF ANY KIND BY ANY OWNER, EMPLOYEE, THIRD PARTY, REPAIR PERSONNEL, ETC., UNLESS COVERED UNDER A SERVICE AGREEMENT WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES; (N) ACCIDENTAL DAMAGE, INCLUDING PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE CAUSE BY DROPPING UNLESS THE ADH PLAN DEFINED IN THE OPTIONAL COVERAGE’S SECTION OF THIS DOCUMENT HAS BEEN PURCHASED; (O) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT; (P) IMPROPER OR INADEQUATE STORAGE; (Q) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART; (R) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS; (S) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS; (T) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER (E.G., AS ABNORMAL ICE BUILD-UP IN A REFRIGERATOR OR FREEZER); (U) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIRS, ETC., OF ANY INTERNAL COMPONENT OR COVERED PRODUCT INCLUDING BUT NOT LIMITED TO ADJUSTMENTS, MANIPULATION OR MODIFICATIONS MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (V) LOSS OF POWER, IMPROPER USE OF ELECTRICAL/POWER, POWER “BROWN-OUT”, POWER OVERLOAD OR POWER SURGE UNLESS COVERED AS FURTHER DEFINED IN THE SPECIAL FEATURES SECTION OF THIS DOCUMENT; (W) UNAUTHORIZED MODIFICATIONS AND ADJUSTMENTS, ALTERATIONS, MANIPULATION OR REPAIR MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; (X) DAMAGE/FAILURE DUE TO IMPROPER LUBRICATION, STALE FUEL OR USE OF A FUEL CONTAINING MORE THAN 10% ETHANOL; (Y) DAMAGE RESULTING FROM COMPUTER VIRUSES; (Z) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS; (AA) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”; (AB) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (AC) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (AD) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.; (AE) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS; (AF) CLEANINGS OR ANY REPAIR COVERED BY A MANUFACTURER WARRANTY, SERVICE AGREEMENT OR OTHER INSURANCE; (AG) SOFTWARE AND SOFTWARE RELATED PROBLEMS; (AH) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS; (AI) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE; (AJ) TELEVISION OR PERSONAL COMPUTER MONITOR SCREEN IMPERFECTIONS INCLUDING BURNED-IN IMAGES IN CRT OR PLASMA SCREENS CAUSED BY VIDEO GAMES, PROLONGED DISPLAY OF ONE OR MORE VIDEO SIGNALS, UNIT ABUSE OR FOR ANY OTHER REASON; CRACKED SCREENS UNLESS A SCREEN PROTECTION PLAN HAS BEEN PURCHASED; (AK) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS; (AL) CONTROL ADJUSTMENTS MADE TO TELEVISIONS TO ENHANCE SCREEN IMAGE QUALITY; (AM) PLASMA TELEVISIONS IN USE AT OR ABOVE 6,000 FEET ABOVE SEA LEVEL UNLESS SPECIFICALLY DESIGNED FOR USE ABOVE THAT ALTITUDE; (AN) FAILURE TO RESET TIMER AFTER A LAMP REPLACEMENT OR EXPLODING OR DIMMING LAMPS; (AO) THIS SERVICE AGREEMENT EXCLUDES ASSISTING CONSUMERS TO OBTAIN NECESSARY HARDWARE (CONVERTER BOXES) FOR CONVERTING ANALOG TELEVISION SIGNALS TO DIGITAL TELEVISION SIGNALS OR FOR ANY REPAIRS OR MODIFICATIONS AS A RESULT OF THE UNAVAILABILITY OF ANALOG BROADCASTING; (AP) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD- ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT; (AQ) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES; (AR) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, OR OTHER PARTS SUCH AS ACCESSORY CABLES, AIR, FUEL, OIL OR WATER FILTERS, AUGERS, BAGS, BASKETS/BUCKETS, BATTERIES, BELTS, BLADES, BOLTS, BRAKES, BRIGHT METAL, BRIQUETTES, BRUSHES, BULBS, CABINETS, CABLES, CAPS, CARBURETOR, CHAIN BARS, CONNECTORS, CORDS, DECKS, DEVELOPER, DIALS, DISKS, DRAWERS, DRILLS BITS, DRIVE BELTS, DRUMS, DRY CLUTCH ASSEMBLIES, EXHAUST SYSTEM PARTS, EXTERNAL CHAINS, FABRICS, FAN BELTS, FINISH DEFECTS, FRAMES, FREEZE PLUGS, FUEL OF ANY KIND, FUSES, GLASS, GRATES, GRINDER PADS, HANDLES, HINGES, HOSES, IMPELLERS, INK OR INK CARTRIDGES, KEYPADS, KEYS, KNOBS, LAMPS, LATCHES, LAVA ROCKS, LED'S, LCD'S, LIGHTS, LINERS, LINES, LINT SCREENS, LP TANKS, MASKS, MOLDINGS, MOWER BLADES, NEEDLES, NOZZLES, OIL, ORNAMENTATION, PAINT, PLASTIC BODY OR MOLDING, RACK ROLLERS, RACKS, RIBBONS, SANDPAPER, SCRATCHED LENSES, SEATS, SHEET METAL, SHELVES, SPARK PLUGS, STAPLES; SUPPORTS, SUSPENSION, SWITCHES, THERMOSTATS, TIRES, TONER, TRIMMER HEADS, TUBES, TUBS, WHEEL COVERS, WHEELS, WIRING, OR ANY OTHER PARTS OR MATERIALS WHICH ARE DESIGNED TO BE CONSUMED DURING THE LIFE OF THE COVERED PRODUCT; (AS) INTERNAL OR IN-LINE BLOWERS LOCATED IN THE ATTIC, ROOF OR AN OUTSIDE EXHAUST; (AT) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS; (AU) COST OF PREVENTATIVE MAINTENANCE, CLEANING, ALIGNMENTS, SEIZED OR DAMAGED PARTS OR OTHER SERVICE RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, USING CONTAMINATED, STALE OR IMPROPER FUEL; (AV) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT. (AW) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS SERVICE AGREEMENT DOES NOT COVER RESTORATION ANY LOSS, REPAIRS OR DAMAGE CAUSED BY OR RESULTING FROM: (A) PRE‐EXISTING CONDITIONS INCURRED OR KNOWN TO YOU (“PRE‐EXISTING” MEANS A CONDITION THAT WITHIN ALL REASONABLE MECHANICAL OR ELECTRICAL PROBABILITY RELATES TO THE MECHANICAL FITNESS OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT. IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER- AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE. SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT PRIOR TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD ISSUANCE OF THIS SERVICE AGREEMENT, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND ); (B) IMPROPER PACKAGING AND/OR TRANSPORTATION BY YOU SHALL BE RECEIVE OR YOUR REPRESENTATIVE RESULTING IN DAMAGE DURING SHIPMENT TO A FULL REFUND SERVICE CENTER OR RELOCATION OF THE PURCHASE PRICE PAID BY YOU FOR THE SERVICE AGREEMENT LESS CLAIMS PAID.COVERED PRODUCT;
Appears in 1 contract
Samples: Service Agreement