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Terms & Conditions |
Obligor: The companies obligated under this Contract are as follows: If this Contract is purchased in Maine, the retailer from which You purchased this Contract and the Product; if purchased in any other state (except Arizona, Florida, Oklahoma, Texas, and Wisconsin) or the District of Columbia, National Product Care Company, 175 West Jackson Blvd., Chicago, Illinois 60604; if purchased in Arizona, Oklahoma or Wisconsin, Service Saver, Incorporated, 175 West Jackson Blvd., Chicago, Illinois 60604; if purchased in Florida, National Electronics Warranty Corporation of Florida (a Service Warranty Association), P.O. Box 1543, Ashburn, VA 20146-1543; if purchased in Texas, National Product Care Company, dba Texas National Product Care Company, Inc., 175 West Jackson Blvd., Chicago, Illinois 60604. Instructions: You must keep the receipt for this product; it is an integral part of this Plan and You may be required to reference it to obtain service. This Contract, including the terms, conditions, limitations, exceptions and exclusions, the receipt containing the term of this Contract, commencement date and product identification constitute the entire agreement.
Maintenance: You must perform all maintenance required by the original manufacturer's warranty.
To Obtain Service: Call N.E.W. 24 hours a day, seven days a week, at 1-866-HSN-FIXX, (1-866-476-3499) for instructions on obtaining repair or replacement of, or reimbursement for, Your Product. Please have Your Contract handy and be prepared to tell Us which product needs service and the nature of the problem. You must call NEW prior to having service; all repairs must be authorized in advance. We will not reimburse You for work done by unauthorized servicers or others. There is no deductible required to obtain service for Your Product. Foreign language assistance is available for Your convenience.
What Is Covered: This Contract covers parts and labor costs resulting from a failure of the Product caused by defects in workmanship and/or materials, including those resulting from normal wear and tear. We will repair or replace Your Product with one with similar features, or reimburse You for authorized repairs to or replacement of the Product, at Our discretion, only when required due to a Breakdown, which is not concurrently covered under any other warranty or service contract. You will be responsible for delivery or cost of delivery of the Product to the service center for repair or replacement. Non-original manufacturer's parts may be used for repair if original parts are unavailable or more costly.
Term of Coverage: Coverage commences on the date You purchased Your Product and continues for the period of two (2) years. In the event Your Product is being serviced by an Authorized Service Center when the Contract expires, the term of the Contract will be extended until the covered repair has been completed. Note: Coverage is for breakdowns not concurrently covered under any other warranty or service contract. If Your Product is covered by a manufacturer's warranty or other service contract on the date of purchase, Your term of coverage under this Contract shall commence on such date, but We shall not be obligated to repair or replace Your Product unless Your breakdown (i) is not covered by such manufacturer's warranty or other service contract; or (ii) occurs after the expiration of such warranty or service contract and prior to expiration of this Contract.
Limit of Liability: For any single claim, the limit of liability under this Contract is the least of the cost of (1) authorized repairs, (2) replacement with a product with similar features, (3) reimbursement for authorized repairs or replacement or (4) the purchase price You paid for the Product, including appropriate sales tax. The total liability under this Contract is the purchase price You paid for the Product, including appropriate sales tax. In the event that the total of all authorized repairs exceeds the purchase price paid for the Product, including appropriate sales tax, We replace the Product, or We reimburse You for replacement of the Product or the purchase price You paid for the Product, We shall have satisfied all obligations owed under this Contract.
WHAT IS NOT COVERED: (1) INCIDENTAL OR CONSEQUENTIAL DAMAGES; (2) ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT; (3) DAMAGE FROM ACCIDENT, ABUSE, MISUSE, INTRODUCTION OF FOREIGN OBJECTS INTO THE PRODUCT, TAMPERING WITH PRONGS, BEZELS OR OTHER ELEMENTS DESIGNED TO SECURE DIAMONDS OR GEMSTONES, UNAUTHORIZED MODIFICATIONS OR ALTERATIONS, OR FAILURE TO FOLLOW THE MANUFACTURER'S INSTRUCTIONS; (4) THIRD-PARTY ACTIONS (FIRE, COLLISION, VANDALISM, THEFT, ETC.); (5) THE ELEMENTS, OR ACTS OF GOD; (6) WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT OR CIVIL COMMOTION; (7) PREVENTATIVE MAINTENANCE ON WATCHES; (8) DAMAGE COVERED BY ANY OTHER WARRANTY OR SERVICE AGREEMENT; (9) DAMAGE WHICH IS NOT REPORTED WITHIN THIRTY (30) DAYS AFTER THE EXPIRATION OF THIS CONTRACT; (10) INHERENT DEFECTS THAT ARE THE RESPONSIBILITY OF THE MANUFACTURER, (11) FLAWS IN GEMSTONES; (12) LOSS OF DIAMONDS, GEMSTONES, OR ANY OTHER PARTS OF THE COVERED PRODUCT UNLESS SUCH LOSS WAS CAUSED BY A DEFECT IN WORKMANSHIP AND/OR MATERIALS, WITHOUT ANY UNDUE STRESS OR DAMAGE; (13) ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE PRODUCT; (14) PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER'S WARRANTY OR DEALER'S WARRANTY; (15) SCRATCHES, PEELING AND DENTS, UNLESS CAUSED BY USUAL WEAR AND TEAR; (16) UNAUTHORIZED REPAIRS AND/OR PARTS; (17) PARTS FAILURE DUE TO A MANUFACTURER RECALL; (18) ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; (19) PARTS NORMALLY DESIGNATED TO BE REPLACED PERIODICALLY BY YOU OR CONSUMED DURING THE LIFE OF THE PRODUCT (I.E. BATTERIES); (20) LOSS OF USE DURING THE PERIOD THE COVERED PRODUCT IS AT A REPAIR FACILITY OR OTHERWISE AWAITING PARTS; (21) DAMAGE OR LOSS RESULTING FROM THE FAILURE TO OBTAIN INSPECTIONS REQUIRED BY THE ORIGINAL MANUFACTURER'S WARRANTY OR RETAILER'S WARRANTY; (22) PERIODIC CHECKUPS AND/OR MAINTENANCE AS DIRECTED BY THE MANUFACTURER; (23) PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; AND (24) SERVICE THAT OCCURS OUTSIDE OF THE 50 UNITED STATES OF AMERICA INCLUDING THE DISTRICT OF COLUMBIA.
Definitions: (1) We/Us/Our: The company obligated under this Contract as stated in the Obligor section of this Contract (2) N.E.W.: the administrator of this Contract; namely: in all states (except AL, AZ, FL, and WI) and DC: National Electronics Warranty Corporation; in AL, AZ, and WI: N.E.W. Warranty Services, Inc.; in FL: National Electronics Warranty Corporation of Florida; (3) Breakdown: The mechanical or electrical failure of the Product caused by defects in workmanship and/or materials; (4) Product: The consumer item(s) which You purchased concurrently with and is covered by this Contract; (5) You/Your/Warranty Holder: The individual who purchased the Product and this Contract or the assigned transferee. Transfer: This Contract may be transferred. You may transfer the balance of this Contract by contacting N.E.W. at P.O. Box 1818, Sterling, VA 20167, 1-866-HSN-FIXX, (1-866-476-3499). Information provided by You must include the Contract number, date of transfer, new owner's name, complete address and telephone number.
Renewal: This Contract is renewable at Our discretion. Service Contracts can be renewed before the end of each term by calling N.E.W. at 1-866-HSN-FIXX, (1-866-476-3499).
Cancellation: You may cancel this Contract at any time by surrendering it or providing written notice to the retailer at the address where You purchased this Contract. You may also cancel this Contract by surrendering it or providing written notice to N.E.W. at the address listed below. This Contract may be canceled by You for any reason. In the event You cancel this Contract within thirty (30) days of receipt of this Contract, You shall receive a full refund of any payments made by You under this Contract. In the event You cancel this Contract after thirty (30) days of receipt of this Contract, You shall receive a pro-rata refund of any amount paid based upon elapsed time less an administrative fee not to exceed ten percent (10%) of the price of this Contract or twenty-five dollars ($25.00), whichever is less, and less any claims that have been paid or repairs that have been made. We or N.E.W. may not cancel this Contract except for fraud, material misrepresentation or non-payment by You; or if required to do so by any regulatory authority. If We or N.E.W. cancel this Contract, You shall receive a refund of one hundred percent (100%) of the pro-rata unearned portion of the Contract price less any claims which have been paid. We or N.E.W. may not cancel this Contract without providing You with written notice at least thirty (30) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. In Alabama, Arkansas, Hawaii, Maryland, Minnesota, Nevada, New York, South Carolina, Washington and Wyoming: If You cancel Your Contract within thirty (30) days of receipt of Your Contract and do not receive a refund or credit within thirty (30) days of receipt of the returned service contract, a ten percent (10%) penalty per month shall be applied to the refund.
Insurance: This is not a contract of insurance. Obligations of the Obligor under this Contract are insured under a service contract reimbursement insurance policy issued by Virginia Surety Company, Inc. AL, AR, AZ, CT, GA, IL, KY, NH, NY, NC, OH, TX, UT, WA, WI, and WY only: If You have filed a claim in writing under this Contract and the Obligor fails to pay or provide service on a claim within sixty (60) days of filing such a claim, or if You are otherwise dissatisfied, please submit Your claim in writing and a copy of this Contract and the sales receipt for the Product to Virginia Surety Company, Inc., 175 West Jackson Blvd., Chicago, Illinois 60604, Attention: Service Contract Claims, 1-800-209-6206.
Arbitration: To the extent permitted by law, any controversy or claim arising out of or relating to this Contract, or breach thereof, will be settled by binding arbitration in accordance with the commercial rules of the American Arbitration Association. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration can only be final and binding if agreed to by the parties involved, in a separate written agreement.
State Variations: The following state variations shall control if inconsistent with any other terms and conditions:
ARIZONA ONLY: The following statement is added to the “Cancellation” section of this Contract: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. In the “WHAT IS NOT COVERED” section of this Contract, exclusion (2) does not apply in the state of Arizona. ARKANSAS ONLY: The following statement is added to the "Insurance" section of this contract: A claim against the provider may include a claim for return of the unearned provider fee in the event of a cancellation.
CALIFORNIA ONLY: The following statement is added to this Contract: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highlands, California, 95660, or You may visit their website at www.bear.ca.gov. The following statement amends the “Cancellation” section of this Contract: In the event You cancel this Contract within sixty (60) days of receipt of this Contract, You shall receive a full refund of any payments made by You under this Contract. In the event You cancel this Contract after sixty (60) days of receipt of this Contract, You shall receive a pro-rata refund of any amount paid based upon elapsed time less an administrative fee not to exceed ten percent (10%) of the price of this Contract or twenty-five dollars ($25.00), whichever is less, and less any claims that have been paid or repairs that have been made. CONNECTICUT ONLY: The following statement is added to the “Term of Coverage” section of this Contract: The term of this Contract will be automatically extended for the period during which the Product is in the custody of a service center for repair. The following statement is added to the “Cancellation” section of this Contract: You may cancel this Contract if You return the Product or the Product is sold, lost, stolen, or destroyed. The following statement is added to this Contract: If You purchased this Contract in Connecticut; You may pursue arbitration to settle disputes between You and the provider of this Contract. You may mail your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, Connecticut 06142-0816, Attention: Consumer Affairs. The written complaint must describe the dispute, identify the price of the Product and cost of repair, and include a copy of this Contract. FLORIDA ONLY: The following statement is added to the “Cancellation” section of this Contract: In the event this Contract is cancelled by the Warranty Holder, return of the premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less any claims that have been paid or less the cost of repairs made on behalf of the Warranty Holder. In the event this Contract is cancelled by N.E.W., return of premium shall be based upon one-hundred percent (100%) of the unearned pro-rata premium. The “Arbitration” section of this Contract is removed. GEORGIA ONLY: The following statement is added to the “Cancellation” section of this Contract: If You cancel after thirty (30) days of receipt of Your Contract, You will receive a pro rata refund of the Contract price. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and administrative fees shall not be deducted from any refund owed as a result of cancellation. We or N.E.W. may not cancel this contract except for fraud, material misrepresentation, or non-payment by You. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. In the “What is Not Covered” section of this Contract, exclusion (2) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Contract. The “Arbitration” section of this Contract is removed. MICHIGAN ONLY: The following statement is added to this Contract: If performance under this Contract is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Contract shall be extended for the period of the strike or work stoppage. NEVADA ONLY: The following statement is added to the “Cancellation” section of this Contract: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. NEW HAMPSHIRE ONLY: The following statement is added to this Contract: In the event You do not receive satisfaction under this Contract, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271-2261. NEW MEXICO ONLY: The following statement is added to the “Cancellation” section of this Contract: If this Contract has been in force for a period of seventy (70) days, We may not cancel before the expiration of the Contract term or one (1) year, whichever occurs first, unless: 1) You fail to pay any amount due; 2) You are convicted of a crime which results in an increase in the service required under the Contract; 3) You engage in fraud or material misrepresentation in obtaining this Contract; or 4) You commit any act, omission, or violation of any terms of this Contract after the effective date of this Contract which substantially and materially increase the service required under this Contract. If You cancel Your Contract within thirty (30) days of receipt of Your Contract and do not receive a refund or credit within sixty (60) days of receipt of the returned service contract, a ten percent (10%) penalty per month shall be applied to the refund. NORTH CAROLINA ONLY: The following statement is added to the “Cancellation” section of this Contract: We or N.E.W. may not cancel this Contract except for nonpayment by You or for violation of any of the terms and conditions of this Contract. The following statement is added to this Contract You understand that the purchase of this Contract is not required to purchase or to obtain financing for the Product. OKLAHOMA ONLY: The following statement is added to the “Cancellation” section of this Contract: No claim incurred or paid, nor any repair made, will be deducted from the amount to be returned in the event of cancellation. The following statement is added to this Contract: This Contract is not issued by the manufacturer or wholesale company marketing the product covered by this Contract. This Contract will not be honored by such manufacturer or wholesale company. SOUTH CAROLINA ONLY: The following statement is added to this Contract: If You purchased this Contract in South Carolina, complaints or questions about this Contract may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number 803-737-6180. TEXAS ONLY: The following statement is added to the “Cancellation” section of this Contract: If You cancel Your Contract within thirty (30) days of receipt of Your Contract, Your Contract will be voided. If Your Agreement is voided and You do not receive a refund or credit within thirty (30) days of receipt of the returned service contract, You may request a refund from Virginia Surety Company, Inc., 175 West Jackson Blvd., Chicago, Illinois 60604, and a ten percent (10%) penalty per month shall be applied to the refund. The following statement is added to this Contract: If You purchased this Contract in Texas, unresolved complaints or questions concerning the regulation of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-2906 or (800) 803-9202. UTAH ONLY: The following statement is added to the “Cancellation” section of this Contract: We can cancel this Contract during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Contract during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Contract by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for nonpayment of premium and thirty (30) days prior to the cancellation date for any of the following reasons (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Contract, (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Contract number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation. The following statement is added to this Contract: Coverage afforded under this Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Contract does not invalidate or reduce a claim. WASHINGTON ONLY: The following statement amends the “Insurance” section of this contract: If You have filed a claim in writing under this Contract and the Obligor fails to pay or provide service on a claim, or if You are otherwise dissatisfied, please submit Your claim in writing and a copy of the Contract and sales receipt for the Product to Virginia Surety Company, Inc., 175 West Jackson Blvd., Chicago, Illinois 60604, Attention: Service Contract Claims, 1-800-209-6206. WISCONSIN ONLY: In the “What is Not Covered” section of this Contract, exclusion (16) is removed. The following statement is added to the “Cancellation” section of this Contract: Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of this Contract. The following statement is added to this Contract: This Contract is subject to limited regulation by the Office of the Commissioner of Insurance of the State of Wisconsin. You should furnish proof of loss to the Administrator as soon as reasonably possible and within one year after the time required by this Contract. Failure to furnish such notice or proof within the time required by this Contract does not invalidate or reduce a claim. The following statement is added to the "Arbitration" section of this Contract: Arbitration must be agreed to by the parties involved. WYOMING ONLY: The following statement is added to the “Arbitration” section of this Contract: In the state of Wyoming, arbitration can only be final and binding if agreed to by the parties involved, in a separate written agreement.
To obtain a large-type copy of the terms and conditions of this Contract, please call 1-866-HSN-FIXX (1-866-476-3499).
Administered by: N.E.W. P. 0. Box 2354 Ashburn, VA 20146-2354 1-866-HSN-FIXX, (1-866-476-3499) © 2007 N.E.W. Customer Service Companies, Inc. • All Rights Reserved HSN-JW-TC-10.06 (Rev. 09/07)
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