|
|
|
1. Parties
|
“You” and “Your” indicates the owner of the covered product (“Product”) who purchased
this Service Plan (“Plan”). “We“, “Us”, and “Our” indicate the obligor (“Obligor”)
of this Service Plan identified on the Schedule Page. The administrator ("Administrator")
of this Service Plan is Federal Warranty Service Corporation P.O. Box 105689, Atlanta,
GA 30348-5689, 1-866-266-8668. The Administrator indicates the entity that is responsible
for the administration of this Service Plan.
|
|
2. Product Eligibility
|
This Service Plan covers only Products used for personal, family or household purposes.
Covered Products must be purchased as new, and must be manufactured for use in the
United States.
|
|
3. Coverage Period
|
Your coverage begins and ends on the coverage dates identified on the Schedule Page
of this Service Plan. If the manufacturer’s warranty period or other service contract
coverage of the covered Product has expired on or before the purchase date of this
Service Plan, the term and coverage begin sixty (60) days after the Service Plan
purchase date.
|
|
4. Partial Pay & Monthly Pay Plans
|
Partial Pay Plans - Partial pay Plans are defined as Plans not paid in full
at the time of initial purchase. For partial pay Plans, payments must be received
by the specified date or Your Service Plan will be suspended until payment is received.
A non-refundable Administration fee will be applied to Your payments.
Monthly Pay Plans - Monthly pay Plans are defined as Plans that continue
month-to-month until terminated. Monthly pay Plans renew monthly based on Your payment
of the monthly fee. If the monthly fee is not paid the coverage will terminate.
A deductible may apply to monthly pay Plans as outlined below.
|
|
5. Product Coverage
|
The following coverage is available. The coverage actually purchased by You will
be specified on the Schedule Page.
Repair Plan - Functional parts and labor coverage for Product failures resulting
from mechanical or electrical failure due to normal use are covered. If We are unable
to repair Your covered Product or We deem that repair is not cost effective, We
have the option, at Our sole discretion, to replace Your covered Product with a
cash settlement or gift card based on the price of a replacement product or provide
a replacement product of similar features and functionality, not including delivery/installation
fees. The value of the cash settlement or gift card will be determined according
the age of the covered Product using the following schedule:
Product Age: Reimbursement Amount
1-5 yrs 75%
6-10 yrs 45%
11-15 yrs 25%
We must approve all repairs before they are performed. Genuine factory parts will
be used whenever possible; however, at Our option, the use of non-original manufacturer
and re-manufactured parts is allowed under this Service Plan that performs to the
factory specifications of the Product. Replacement of Your covered Product, or issuance
of a cash settlement or gift card shall fulfill this Service Plan in its entirety
and will cancel and discharge all further obligations under this Service Plan, where
allowed by law. The defective products will become Our property, should we unilaterally
elect to exercise Our rights to the property. Technological advances may result
in a replacement product with a lower selling price than the original covered Product
purchase price; therefore, no refunds will be made based on the replacement product
cost difference from the original Product purchase price.
Replacement Plan - We have the option, at Our sole discretion, to replace
Your covered Product with a cash settlement or gift card up to the original purchase
price of the Product or provide a new, rebuilt or reconditioned replacement product
of similar features and functionality. You may be responsible for pre-paying postage
and packing the Product in the original or comparable packaging to prevent further
damage during shipping prior to receiving a replacement product. Replacements will
be shipped to You, postage pre-paid by the Administrator. Replacement of Your covered
Product, or issuance of a cash settlement or gift card shall fulfill this Service
Plan in its entirety and will cancel and discharge all further obligations under
this Service Plan, where allowed by law.
No Lemon Guarantee - During the term of this Service Plan, if the same component
fails three (3) times and that Product requires a fourth (4th) repair, as determined
by Us, We will issue a cash settlement or gift card or replacement as outlined in
the appropriate coverage section above under repair Service Plan. Component failures
during the Manufacturer’s Warranty or during a term outside of this Service Plan
coverage period do not count toward the No Lemon Guarantee.
Power Surge - Damage from power surge to Your covered Product will be covered
up to a maximum of $1,000.00 over the life of the Service Plan, but You must first
make a claim with Your homeowner’s/renter’s insurance carrier to avoid duplicate
recovery.
Food Spoilage - You will be reimbursed for food losses resulting from a covered
failure of Your refrigerator or freezer up to $250 per appliance over the term of
this Service Plan; proof of loss will be required.
Deductible - If You purchased a Service Plan that requires a deductible,
as specified on the Schedule Page, You will be responsible for paying a deductible
for each service call. The deductible is for each occurrence where We approved the
service call and is payable to Our service contractor at the time of each visit.
If repairs are made to additional Products or systems, a separate deductible will
apply to each Product or system repaired. You will not be responsible for deductible
charges on repeat service calls completed within 30 days of the original service
event for the same issue. Failure to pay the deductible when due may result in the
suspension of service.
|
|
6. Location of Service
|
In-home service for applicable repair Plans will be provided at the address where
the Service Plan is registered. The covered Product must be easily accessible and
removable for servicing. If Your covered Product must be repaired elsewhere, pick-up
and return expenses are covered; however, de-installation or re-installation costs
are not covered by this Service Plan.
|
|
7. If You Need Service
|
Call the Administrator at the phone number specified on the Schedule Page 24 hours
a day, 7days a week to obtain authorization for repair or referral to the nearest
authorized repair center. Service will normally be available during regular business
hours of the authorized service provider. In rare instances, if the Administrator
cannot locate a servicer, Administrator may authorize You to locate a servicer near
You. You must provide Administrator with a written estimate for repair prior to
commencing with the repair. This Service Plan will reimburse You for any repair
expenses paid by You if You have been authorized to locate a servicer and the Administrator
has approved the repair estimate.
|
|
8. Moving Your Products to a New Location in the USA
|
You can change Your service address at any time by notifying Administrator in writing
at P.O. Box 105689, Atlanta, GA 30348-5689.
|
|
9. If the Owner of the Product is Changing
|
You can assign the Service Plan coverage to another person by notifying the Administrator
in writing at P.O. Box 105689, Atlanta, GA 30348-5689. Information provided by You
must include the Service Plan number, date of new ownership, new owner’s name, complete
address and telephone number.
|
|
10. Plan Cancellation and Refund
|
a. Cancellation by You - You may cancel at any time. Notify the Administrator
in writing at P.O. Box 105689, Atlanta, GA 30348-5689 and include Your original
Service Plan. You will receive a refund based on the following: (1) if Your Service
Plan and cancellation notice are received within 60 days of the purchase date of
this Service Plan, You will be refunded the full Service Plan price; (2) if Your
Service Plan and cancellation notice are received after 60 days from the purchase
date but before the start date of this Service Plan, as indicated on the Schedule
Page, You will be refunded the full Service Plan price, less an administrative fee
of 10% of the Service Plan price or $25, whichever is less, unless otherwise precluded
by law; and (3) if Your Service Plan and cancellation notice are received after
the start date of this Service Plan, You will be refunded a pro-rated amount of
the Service Plan price, less any claims paid, less an administrative fee of 10%
of the pro-rated Service Plan price or $25, whichever is less, unless otherwise
precluded by law.
b. Cancellation by Administrator - The Administrator can cancel this Service
Plan at any time in the event of fraud, nonpayment by You, material misrepresentation
or breach of Plan by You. If the Administrator cancels this Service Plan, You will
be provided with a written notice at least thirty (30) days prior to cancellation
at Your last known address, with the effective date for the cancellation and the
reason for cancellation. You will be refunded the unearned pro rata Purchase Price,
less any claims paid, except as otherwise required by law. If this Service Plan
was inadvertently sold to You on a Product(s), which was not intended to be covered
by this Service Plan, the Administrator will cancel this Service Plan and return
the full Purchase Price of the Service Plan to You.
|
|
11. Renewals
|
We are not obligated to renew Your Service Plan. To inquire if renewal coverage
is available, please call Us at the phone number specified on the Schedule Page
for pricing and details.
|
|
12. Limitation of Liability
|
For any single claim, the limit of liability under this Service Plan is the least
of the cost of (1) authorized repairs, (2) cash settlement or gift card amount as
outlined in the Product Coverage section or (3) a replacement product of similar
features and functionality.
|
|
13. Consumer's Promises and Assurances
|
It is Your responsibility to protect the covered Product from further damage. In
order to keep this Service Plan in force during its term, You promise and assure:
(1) full cooperation with Administrator and authorized service technicians during
diagnosis and repair of the Product; (2) accessibility of the Product; (3) a non-threatening
and safe environment for in-home service; (4) the presence of an adult at the time
of scheduled service; (5) that the Product is not used for business or commercial
purposes; (6) that the product in maintained and installed within the manufacturer’s
recommendations; (7) that You will provide written notice of any defect or deficiency
in service within 90 days of discovery by You; and (8) that You will pay each deductible
(if any) when due.
|
|
14. What is Not Covered - Your Service Plan does not cover:
|
a. Any equipment located outside the United States; b. Products older than 15 years
of age, refurbished products, products sold “as is”; c. Products used in recreational
vehicles, industrial or commercial settings; d. Service required as a result of
any moving or alteration of equipment or repairs made by anyone other than a participating
service provider, its agents, distributors, contractors or licensees, or the use
of supplies other than those recommended by the manufacturer; e. Damage and/or other
equipment failure due to causes beyond Our control including operator negligence,
failure to maintain or place the equipment according to the owner’s manual instructions,
abuse, vandalism, theft, fire, flood, wind, freezing, inadequate power supply, wiring,
breakers, ductwork, improper installation, unusual atmospheric conditions, acts
of war or acts of God; f. Service necessary because of improper storage, improper
ventilation, non-compliant plumbing, non-municipal water supply, loss or damage
as a results of violation of existing federal, state and municipal codes including
repairs to products not complying with said codes, inconsequential noises, reconfiguration
of equipment; g. Nonfunctional parts, expendable items, scratches, dents, peeling,
hard water damage, walls and infrastructure, decorative finishing, door liners,
handles, knobs, racks, rollers, drip pan or grates, and shelves; h. Cosmetic damage;
i. Failure due to corrosion, rust, dust, mold, animal, rodent or insect damage,
scorching or damage from heat sources, chipping; j. Consumable items such as filters,
bulbs, drawers, baskets, water membranes, fuses, hoses; k. Food loss resulting from
loss of power; l. Damage to clothing; m. Any repair covered by the original warranty
or initiated by the manufacturer, or recall program whether the manufacturer is
in business or not; n. Unauthorized repairs performed by third parties; o. Repair
or replacement caused by defects that existed prior to this Service Plan purchase
and known by You; p. Normal, periodic or preventative maintenance; q. Upgraded,
retrofit, or unapproved components, such as electronic thermostats; r. Upgrades
to comply with regulatory laws; s. Refrigerant lines, drain lines, or evaporation/condenser
coils if rusted or corroded; t. products with original serial numbers that have
been removed, altered or cannot be readily determined; u. cabinetry, carpentry,
masonry or other miscellaneous enclosures or trim surrounding built-in Products
& custom panels; v. shipping damage to Products resulting from inadequate packaging
by You; w. repair of Product(s) upon noncompliance of any part of Section 13 by
You.
|
|
15. Arbitration
|
READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN
RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.
As used in this Provision, "You" and "Your" mean the person or persons named in
this Service Plan, and all of his/her heirs, survivors, assigns and representatives.
“We” and “Us” shall mean the Obligor identified above and shall be deemed to include
all of its agents. Any and all claims, disputes, or controversies of any nature
whatsoever (whether in contract, tort or otherwise, including statutory, common
law, fraud (whether by misrepresentation or by omission) or other intentional tort,
property, or equitable claims) arising out of, relating to, or in connection with
(1) this Service Plan or any prior Service Plan, and the purchase thereof; and (2)
the validity, scope, interpretation, or enforceability of this Provision or of the
entire Service Plan (“Claim”), shall be resolved by binding arbitration before a
single arbitrator. All arbitrations shall be administered by the American Arbitration
Association (“AAA”) in accordance with its Expedited Procedures of the Commercial
Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms
of this Provision shall control any inconsistency between the AAA's Rules and this
Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. Upon
written request We will advance to You either all or part of the fees of the AAA
and of the arbitrator. The arbitrator will decide whether You or We will be responsible
for these fees. The arbitrator shall apply relevant substantive law and applicable
statute of limitations and shall provide written, reasoned findings of fact and
conclusions of law. The arbitration shall be held at a location selected by Us within
the state in which this Service Plan was purchased. This Provision is part of a
transaction involving interstate commerce and shall be governed by the Federal Arbitration
Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable,
it shall not invalidate the remaining portions of the Provision, except that in
no event shall this Provision be amended or construed to permit arbitration on behalf
of a group or class. This Provision shall inure to the benefit of and be
binding on You and Us and its Provision shall continue in full force and effect
subsequent to and notwithstanding the expiration of termination of this Service
Plan.
You agree that any arbitration proceeding will only consider Your Claims. Claims
by, or on behalf of, other individuals will not be arbitrated in any proceeding
that is considering Your Claims. You and We Understand and agree that because of
this PROVISION neither You nor Us will have the right to go to court except as provided
above or to have a jury trial or to participate as any member of a class of claimants
pertaining to any claim.
|
|
NOTE: This is not your contract. Final terms and conditions may vary from this version
depending on your purchase date. You will be provided a complete agreement containing
a comprehensive set of Terms and Conditions upon acceptance of this offer, including
specific state provisions.
|
|
|
|
|
|
|
® Registered Trademark/™ Trademark of Whirlpool, U.S.A. All contents ©2012 Whirlpool® Corporation.
|
|
