MASON - EXTENDED SERVICE AGREEMENT
This Agreement is not a Contract of Insurance
Please read this Agreement carefully, as it describes the protection You will receive in return for Your payment of the purchase price of this Agreement. You must keep this Agreement, Your sales invoice, and receipt for the product You purchased; they are integral parts of this Agreement and You will be required to produce them in order to obtain service. You must maintain the Covered Product as recommended by the manufacturer’s owner manual and warranty. Refer to the Declarations Page of this Agreement, Your sales receipt, or invoice to determine the term of this Agreement, the type of plan You purchased, and if there is a deductible required to obtain service under this Agreement.
NOTICE: (1) THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY FOR THE COVERED PRODUCT; (2) THE PURCHASE OF THIS
AGREEMENT IS NOT REQUIRED TO EITHER PURCHASE YOUR PRODUCT OR TO OBTAIN FINANCING FOR IT.
DEFINITIONS
“Obligor”, “We”, “Us” and “Our”: The company obligated under this Agreement, Generali Warranty Services, LLC, 7 World Trade Center, 250 Greenwich St, 33rd Fl. New York, NY 10007 (833) 985-1503 in all states except Florida. In Florida the company obligated under this Agreement is Generali- U.S. Branch, 7 World Trade Center, 250 Greenwich St, 33rd Fl. New York, NY 10007 833-941-1089.
“You” and “Your”: The original purchaser of the Covered Product or the owner of the product whom the service agreement was validly transferred pursuant to the requirements of this Agreement.
“Administrator”: New Leaf Service Contracts, Inc, 909 Lake Carolyn Parkway, Suite 900, Irving, TX 75039 877.634.0964.
“Selling Retailer”: The entity selling the Covered Product and this Agreement.
“Covered Product”: The consumer product that You purchased concurrently with and is covered by this Agreement.
ELIGIBILTY
The following products are eligible for coverage:
Major Appliances, such as refrigerators, microwaves, dishwashers, clothes dryer and washer, hot water heaters, humidifiers, ranges, stoves, ovens, cooktops, freezers, and combination units.
Outdoor Cooking, such as grills and smokers.
Electronics, such as televisions, cell phones, tablets, laptops, computers, audio equipment, surveillance systems, global positioning satellites (GPS), video game consoles, film and digital cameras, digital picture frames, drones, DVD, VCR, and BLU-RAY players, home theater systems, printers, projectors, telephones, and video cameras.
Jewelry, such as rings, necklaces, earrings, bracelets, and watches.
Lawn & Garden and Power Tools, such as lawnmowers, tractors, power generators, drills, saws, nail guns, pressure washers, edgers or weed eaters, chainsaws, leaf blowers, hedge trimmers, and metal detectors.
Fitness Equipment, such as climbers, steppers, exercise bikes, ellipticals, lifecycles, rowing machines, and treadmills.
Sporting Goods, such as golf clubs, bicycles, skis, snowboards, basketball goals, goggles, helmets, volleyball nets and connecting poles, pool tables, ping- pong tables, hockey sticks, hockey and soccer goals, baseball bats, pitching nets, batting nets, tennis rackets and strings, scooters, motor bikes, fishing poles, hunting rifles, lacrosse sticks, and lacrosse goals.
Furniture
Covered Products:
A. Fabric Furniture
B. Area Rugs
C. Leather, Vinyl & Nubuck Furniture, Suede
D. Mattresses such as Innerspring mattresses that use a core support system made of metal springs or coils and box spring purchased at the same time as Covered mattress; Memory foam (polyurethane foam); and Hybrid mattresses combine an innerspring coil support system with memory foam.
E. Adjustable Beds with motorized multi-hinged foundations such as an adjustable base, adjustable bed frame or power base including mattress.
F. Wood, Mirrors & Other Hard Surfaces (includes: metal, glass, laminate, stone)
G. Case Goods such as bureaus or bookcases that provide interior storage space; and dining-room and bedroom furniture sold as sets
H. Outdoor Furniture Products must have at least a ninety (90) day(s) valid manufacturer warranty in effect when plan is purchased.
Covered Product must be free of stains and damage when delivered or installed.
Products used in a residential setting.
Furniture Plan Types
Products must have at least a ninety (90) day(s) valid manufacturer warranty in effect when plan is purchased.
IIIA. REPLACEMENT PLAN
TERM: If You purchased an Extension Replacement Plan, the term of this Agreement begins upon the expiration or termination of the shortest portion of manufacturer’s warranty for the Covered Product and continues for the period indicated on the Declarations Page, Your sales invoice or receipt. If You purchased the Date of Purchase Replacement Plan, the term of this Agreement begins on the Covered Product date of purchase or date of installation by the Selling Retailer (proof of
installation date may be required if different from the product purchase date) and runs congruent with the manufacturer’s warranty, and continues for the period indicated on the Declarations Page, Your sales receipt or invoice. A renewal service agreement is not available for the any type of Replacement Plan. This Agreement shall be fulfilled upon replacement of the Covered Product or issuance of a compensation check or Selling Retailer store credit to You in lieu of replacement of a Covered Product.
COVERAGE: We will replace the Covered Product, when required hereunder, due to a mechanical or electrical failure during the coverage period, including those experienced because of its normal wear and tear as well as a mechanical or electrical failure caused by a direct result of a power surge (in the absence of insurance coverage). Failure of the Covered Product must be reported within 30 days of the original failure date. The Covered Product will be replaced with a new or refurbished product of like kind or similar quality with a value up to the purchase price of the Covered Product, excluding sales tax, shipping, and handling costs which are not covered by this Agreement and are Your responsibility. Any replacement product provided to You as a result of a claim being made under the terms of this Agreement will require the purchase of a new Replacement Plan to receive coverage for the replacement product.
LIMIT OF LIABILITY: The limit of liability under the Replacement Plan is and shall not exceed the purchase price of the Covered Product at the time of purchase, excluding sales tax, delivery and handling costs.
HOW TO REQUEST SERVICE:
POWER SURGE PROTECTION: This Agreement provides power surge protection from the product date of purchase of the Covered Product in the absence of insurance coverage. If the Covered Product is damaged as a result of a power surge, We will replace the Covered Product in accordance with the terms herein. You may be required to submit proof of claim denial from Your insurer, if applicable.
ACCIDENTAL DAMAGE IN HANDLING (“ADH”): If purchased, the Covered Product is protected against accidental damage in handling such as drops and liquid spills. Immersion of Your Covered Product is not covered under this Agreement. ADH only covers operational or mechanical failure caused by a single incident while handling and does not include protection against theft, mysterious disappearance, misplacement, viruses or reckless, abusive, willful or intentional misconduct associated with handling and/or use of the Covered Product, cosmetic damage and/or other damage that does not affect the unit’s functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the “What is Not Covered” section of this Agreement. For the purpose of this Agreement, Accidental Damage is defined as a single, unexpected, sudden and unintentional event and does not include accumulated damage from continual or multiple events. The use of this coverage requires an explanation of where and when the Accidental Damage occurred as well as a detailed description of the actual event. If needed, the replacement value of the Covered Product will be solely determined by the Administrator of this Agreement.
IIIB. PARTS & LABOR REPAIR PLAN
TERM: If You purchased a Parts & Labor Date of Purchase Repair Plan, the term of this Agreement begins on the product date of purchase or, if applicable, the date of installation of the Covered Product by the Selling Retailer (proof of installation date may be required if different from the product purchase date) and runs congruent with the manufacturer’s warranty, and continues for the period indicated on the Declarations Page, Your sales receipt or invoice. If You purchased the Parts & Labor Extension Repair Plan, the term of this Agreement begins upon the expiration of the shortest portion of the manufacturer’s warranty for the Covered Product and continues for the period indicated on the Declarations Page, Your sales receipt or invoice.
COVERAGE: Parts for the Covered Product will be replaced with those of like kind and quality at Our sole discretion. We may use new or remanufactured parts in repairing the Covered Product. Failure must be reported within 30 days of the initial failure to be eligible for coverage. If the Covered Product cannot be repaired or if the cost of its repair exceeds the Covered Product’s original purchase price, the Covered Product will be replaced as determined by Us with a product of like kind or similar features. If replacement parts are not available for the Covered Product or have been discontinued by the manufacturer, We will replace the Covered Product as determined by Us with a product of like-kind, similar quality or features. If replacement parts are not available for the Covered Product or have been discontinued by the manufacturer, We will replace the Covered Product as determined by Us with a product of like-kind, similar quality or features.
For Appliances, Electronics and Computers: We will repair or replace the Covered Product, at Our discretion, when required due to a mechanical or electrical failure, including those experienced during normal wear and tear, as well as a mechanical or electrical failure caused by a direct result of a power surge (in the absence of insurance coverage). Costs related to the removal and reinstallation of Your Covered Product are not covered under this Agreement and are Your responsibility. You are responsible to back up all computer software and data prior to commencement of repair of the Covered Product.
For Jewelry: We will furnish the parts and labor necessary to repair or replace the Covered Product only in the event of mechanical failure or defects in manufacturer’s workmanship and/or materials, including normal wear and tear. We will cover broken, bent or worn prongs, clasps and hinges; knotted or broken links in necklaces and bracelets; broken or lost pins and earring posts; restringing of stretched pearl necklaces; and, reshanking. Coverage also includes the following services for the Covered Product: ring sizing as result of weight change; refinishing and polishing; rhodium plating white gold; earring repair; chain soldering; resetting diamonds and gemstones; repair of chipped or cracked stones (including center stones); and replacement for loss of diamond or gemstone center stones or side/enhancement stones up to a maximum of .50 carat per Covered Product, due to a defect in the setting.
For Watches: We will furnish the parts and labor necessary to repair the Covered Product to a usable and wearable condition, provided, such repair is necessitated by the Covered Product’s wear during its normal usage and under the conditions for which is was designed. Coverage also includes battery replacement and replacement for loss of stones from bezel up to a maximum of .10 carat per Covered Product. This Agreement covers mechanical failure of watches and accidental breakage of stem or band, case and crystal.
For Lawn & Garden Equipment and Power Tools: The Covered Product will be restored to normal operating condition after it has failed during normal single- family residential use, including failures due to normal wear and tear. The Agreement covers the cost of labor and parts necessary to repair the Covered Product for problems due to mechanical or electrical failures.
For Fitness Equipment & Other Sporting Goods: We will repair or replace the Covered Product for mechanical and electrical failures, including power surge in the absence of additional coverage, that occur during normal use and operation in accordance with the manufacturer’s written specifications. This Agreement does not cover any product used in a commercial setting, unless a Commercial Plan has been purchased. This Agreement covers the repair and/or replacement of functional factory installed belts (including treadmill walking belts) and rollers required for the performance of the Covered Product.
For Furniture: We will provide cleaning kits OR pay for the parts and labor necessary to repair or replace the Covered Product in the event of mechanical or electrical failure or defects in manufacturer’s workmanship and/or materials. Parts for the Covered Product will be replaced with those of like kind and quality at Our sole discretion. We may use new or remanufactured parts in repairing the Covered Product. Failure must be reported within thirty (30) days of the initial failure to be eligible for coverage. If the Covered Product cannot be repaired or if the cost of its repair exceeds the Covered Product’s original purchase price, the Covered Product will be replaced as determined by Us with a product of like kind or similar features. If replacement parts are not available for the Covered Product or have been discontinued by the manufacturer, We will replace the Covered Product as determined by Us with a product of like kind, similar quality or features.
WHAT IS COVERED
1. Mechanical & Electrical Failures
2. Frames & Adjustable Bed Frames
3. Springs
4. Mechanisms (Sleeper, Reclining, Inclining, Heating & Vibrating, Umbrella)
5. Stains from a specific incident (such as food, beverage, cosmetics, lotion, nail polish, nail polish remover, bleach, glue, grease, oil, suntan oil, paint, ball point pen, marker, crayon, gum, tar, wax, ink, dye, grass, mud, shoe polish, human & pet bodily fluids)
6. Accidental damage from a specific, single event:
Single Burn
Puncture, Rip, Tear or Cut.
Breakage
Liquid Ring or Mark
Dye Transfer
Heat Mark
Scratch, Gouge, or Chip (Wood & Hard Surfaces Only)
Checking, Cracking, Bubbling, or Peeling of Finish (Wood & Hard Surfaces Only)
Pet Damage - A single claim per contract period will be covered for:
Punctures, Rips, Tears, or Cuts to Upholstered Furniture
Scratches, Gouges, or Chips to Wood or Hard Surfaces
7. Loss of Silvering (Mirrors Only)
8. Breakage of Welds (Outdoor Furniture Only)
LIMIT OF LIABILITY: Our limit of liability for the Covered Product under the Parts & Labor Repair Plan is the cost of authorized repairs to and/or replacement of the Covered Product as determined by Us, with a product of like kind or similar quality and features, and in no event will Our total liability for repairs and/or replacement exceed the original purchase price for the Covered Product. Upon replacement, this Agreement has been fulfilled. DELIVERY FEES, BREAKDOWN CHARGES, INSPECTION FEES, INSTALLATION FEES, OR ESTIMATE CHARGES FOR REPAIRS THAT ARE NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.
NO LEMON POLICY: This Agreement provides that following the expiration of the term of the Covered Product’s manufacturer’s warranty, and subject to Our limit of liability, after three (3) service repairs have been completed for the Covered Product for the same problem within a 12 month period, as determined by Us, in lieu of performing a fourth (4th) repair on the Covered Product, We may replace it with a product of like kind or similar features, or issue a check or store credit to You in an amount not to exceed the remaining limit of liability as determined in accordance with the section titled “Limit of Liability.” If We replace the Covered Product or issue a cash settlement of any kind, including a store credit, all of Our obligations for the Covered Product under this Agreement terminate and will be considered fulfilled.
HOW TO REQUEST SERVICE: To request service for the Covered Product, contact the Administrator toll-free at 877.634.0964, or go online to www.newleafsc.net/portal. All repairs must be authorized by the Administrator prior to service being completed. Claims for unauthorized repairs will be denied. You may be asked for a credit card number prior to service being performed. Many oversights, which are not covered under this Agreement, can be due to simple circumstances such as the Covered Product not being switched on, being unplugged, or a fuse blown at the junction box. To avoid a non-covered claim, perform a hard reset as illustrated by the manufacturer in the owner’s manual of Your Covered Product. For a Covered Product that uses batteries as the primary power supply, check that the batteries do not need replacing or recharging. If You refuse service on a Covered Product after We have dispatched the authorized technician to Your location, You will be billed for that servicer’s applicable trip charge. If You refuse service on a Covered Product, We are no longer responsible for any costs associated with the repair or replacement of Your Covered Product and may choose to refund You the prorated cost of this Agreement. If the cost of this Agreement is refunded at full cost or at a prorated cost, this Agreement will be considered fulfilled and no further action to repair or replace Your Covered Product will be considered.
SERVICE DELIVERABLES: You will receive service on the Covered Product as described below:
Carry-In: Unless otherwise provided in this Agreement, the Covered Product must be shipped or delivered and retrieved by You at Our designated authorized service center during normal business hours.
In-Home/On-Site: Service will be performed in Your home or on-site as indicated on the Declarations Page of this Agreement, or on Your sales receipt or invoice, provided You have fulfilled the following requirements: (1) provide Our authorized technician with accessibility to the Covered Product; (2) provide a non-threatening and safe environment for Our authorized technician; and (3) an adult over the age of 18 must be present for the period of time Our authorized technician is scheduled to provide service and while Our authorized technician is on Your property servicing the Covered Product. In-home or on-site service will be provided by Our authorized service provider during regular business hours, local time, Monday through Friday, except holidays. Our authorized service center may opt to remove the Covered Product to perform service in-shop. The Covered Product will be returned upon completion. Additional time and mileage charges for in-home or on-site repairs outside of twenty-five (25) contiguous land miles or the normal service radius of Our authorized service center are not covered by this Agreement and are Your responsibility. If an authorized service provider is unavailable in Your area, You may be responsible for locating a service provider and facilitating the service for Your Covered Product, governed by the terms in section “Customer Reimbursement”.
Depot Service: If depot service is included with Your Agreement, We will provide 2-way shipping to and from a depot service center of Our choice.
Customer Service Reimbursement: To qualify for Customer Service Reimbursement, You will be required to submit proof of payment for services rendered on Your Covered Product as outlined in the section labeled, “YOUR RESONSIBILITIES-SERVICE REIMBURSEMENT”. Failure to produce proof of payment for service may cause Your claim to be denied. To file a service reimbursement claim: You must call Us at 877.634.0964 before contacting a service provider in Your area. You must contact a manufacturer authorized service provider in Your area or obtain permission from Us before contacting a non-authorized service
provider. We are not responsible for delay in service or use of the Covered Product while the Covered Product is being repaired, replaced, evaluated, or diagnosed unless otherwise stated in this Agreement.
YOUR RESPONSIBILITIES – SERVICE REIMBURSEMENT
Locate an authorized service provider in Your area and notify Us prior to scheduling a diagnosis visit.
Contact the Administrator once the product has been diagnosed to provide the detailed repair estimate including all trip charges, diagnosis fees, labor costs and part costs with part numbers for the parts required to complete the repair. You will be provided with an approval code if a repair is required due to a covered failure. Once the repair has been completed, You must pay the service provider and email ([email protected]) or fax (972-993-1512) Us a copy of the completed and paid repair invoice. The invoice must include: the make, model and serial number of the Covered Product, the reason for repair, the cause of loss, an itemized list of parts and labor charges with part numbers, proof of payment and Your name, address and phone number. We will reimburse You with a check within two (2) weeks of receipt of the paid invoice with the required information.
POWER SURGE PROTECTION: This Agreement provides power surge protection from the product date of purchase in the absence of insurance coverage. If the Covered Product is damaged as a result of a power surge, We will service the Covered Product in accordance with the terms herein. You may be required to provide proof of claim denial, if other insurance coverage is applicable.
FOOD LOSS: To receive coverage for food loss resulting from the failure of the covered refrigerator or freezer, (excluding wine coolers, ice-makers, and wine cellars) the failure of Your refrigerator or freezer must be due to a defect in the components of the appliance such as a mechanical or electrical failure, and not a power failure of any kind such as power surge. You will be reimbursed up to two hundred dollars ($200) one time during the coverage period. To receive payment, the appliance must be repaired by an authorized service provider and the following must be submitted: a copy of the repair invoice, an itemized list of perishable food lost due to the lack of refrigeration, and proof of purchase of the replaced food as indicated on the list of food lost prior to the repair of Your Covered Product. A list of lost food is required to be submitted to the Administrator within seventy-two (72) hours of the initial failure. The terms of food loss reimbursement are governed by the USDA Food Safety and Inspection Service guidelines and only covers items that are purchased in and require refrigeration. non-perishable items are not covered by this Agreement.
ACCIDENTAL DAMAGE IN HANDLING (“ADH”): If purchased, the Covered Product is protected against accidental damage in handling such as drops and liquid spills. This Agreement does not cover immersion of the Covered Product in any liquid substance. ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional misconduct associated with handling and use, cosmetic damage and/or other damage that does not affect unit functionality, damage caused during shipment between You and Our service provider and any other limitations listed in the “What is Not Covered” section of this Agreement. For the purpose of this Agreement, Accidental Damage is defined as a single, unexpected, sudden and unintentional event and does not include accumulated damage from continual or multiple events. The use of this coverage requires from You an explanation of where and when the Accidental Damage occurred as well as a detailed description of the actual event and nature of the damage. Accidental Damage that occurs while the Covered Product is being used by or in the possession of any person other than the original purchaser of the Covered Product and service agreement, are not covered under this Agreement. In the event that a replacement of the Covered Product is necessary, the original product will become Our property.
COMMERCIAL PLAN: For residential and commercial grade products used in a Commercial setting/environment (i.e. for any use other than in a residential single- family setting), a Commercial Plan is required. If purchased, this Agreement covers replacement parts and labor necessary to maintain the Covered Product that is used in a Commercial setting in those cases where the manufacturer’s warranty is null and void. Coverage under this Agreement will begin from the date of purchase and continue for the period of time stated on the Declarations page of this Agreement, Your sales receipt or invoice; provided however, for selected products that are manufactured specifically for commercial use and include a manufacturer’s warranty, coverage begins upon expiration of the shortest portion of the manufacturer’s or Selling Retailer’s parts and/or labor warranty. During the manufacturer’s warranty period, any parts, labor, on-site service or shipping costs covered by that warranty are the sole responsibility of the manufacturer. Note: Special Features, Benefits, or Optional Plans and Major Component coverage for appliance service agreements, are not available for products under the Commercial Plan.
MAJOR COMPONENT FOR APPLIANCES: Major Component coverage, when purchased alone, only covers the Major Component part and associated labor if purchased for five (5) years from the date of purchase of the Covered Product. This plan does not include any special benefits such as food loss. Major Component coverage, when purchased in conjunction with a major appliance comprehensive Parts & Labor Repair Plan, covers the Major Component part and associated labor if purchased for an additional five (5) years of coverage beginning upon the expiration of the comprehensive Parts & Labor Repair Plan. Major Component coverage is only for the Major Component parts and associated labor if purchased in the event of a mechanical or electrical failure of the major component and does not include trip charges, or any other parts that should fail. This plan does not include any special benefits such as food loss. To file a major component claim, You must first contact the Administrator to obtain a service order. Once a service order is obtained, the unit can be repaired and the detailed service invoice submitted to the Administrator for reimbursement of the eligible and covered portions of the repair as referenced in the section titled “Customer Reimbursement”. The Administrator is not responsible for repairs that are not included under this Agreement. Major Components eligible for coverage are:
A/C: Compressor Dehumidifier: Compressor
Refrigerator/Freezer: Compressor
Gas Cooktop/Range/Wall Oven: Spark/Igniter Module
Electric Cooktop/Range/Wall Oven: Heating Elements (including surface, bake & broil) Range Hood: Ventilation Motor
Microwave: Magnetron Tube Dishwasher: Motor
Clothes Dryer: Motor
Clothes Washer: Transmission Rotor/stator
Clothes Washer/Dryer Combo: Motor & Transmission Wine Cooler: Compressor
Trash Compactor: Motor
IV. WHAT IS NOT COVERED
(A) Products without a manufacturer’s warranty; (B) Products with less than an original ninety (90) days manufacturer’s parts and labor limited warranty (C) Product repairs that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs; (D) Cleaning;
periodic checkups; preventive maintenance; (E) Any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold used or “as is”, including but not limited to floor models, demonstrations models, etc.; (F) Parts or repairs due to normal wear and tear unless otherwise specified or unless tied to a failure, and items normally designed to be periodically replaced by You during the life of the product, including but not limited to batteries, light bulbs, etc.; (G) Damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; failure to follow the manufacturer’s instructions for operation and care of the Covered Product; external causes of any kind, including third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; acts of God or consequential loss of any nature; (H) Loss or damage caused by invasion; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; (I) Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts; (J) Any product used in a commercial setting or rental basis unless You purchased a Commercial Plan; (K) Failures that occur outside of the 50 states of the United States of America and the District of Columbia, with the exception of hand-held devices with worldwide coverage; (L) Non-functional, cosmetic or aesthetic parts including but not limited to frames, cabinets, doors, hinges, plastic parts, knobs, rollers, baskets; scratches, peeling & dents; (M) Unauthorized repairs and/or parts; (N) Cost of installation, setup, diagnostic charges, of the Covered Product, except as provided herein; (O) Accessories used in conjunction with a Covered Product including remote controls; (P) Any other loss other than a covered failure; (Q) Service where no problem can be found; noises; squeaks; failures which are not reported during the term of this Agreement; (R) Any failure or condition that results from abnormal usage of the Covered Product; (S) Coin mechanisms; (T) Failures that intensify as a result of negligence.
Specific to Electronics & Appliances: In addition to any applicable exclusions listed above, this Agreement only covers the operating condition of the Covered Product and does not cover (1) non-operating, cosmetic, or external parts, e.g. protective glass; housings; insulation; conduit; frames; cabinets; knobs; dials; drawers; handles; shelves; doors; hinges; light bulbs; projection bulbs; filters; hoses; (2) any installed accessory item, e.g., gas or electronic connectors; (3) any antennae or antennae system; any expansion of the channel or frequency range capabilities of the Covered Product; circuit adjustments required to receive any particular station; service or adjustments due to changes in external power or water supply; water and power connectors and connections; reception or normal signal; (4) speakers(except surround-sound home theater); remote controls; phonograph cartridges and stylus; headphones; and (5) burned-in image in CRT, plasms, LCD or any other type of display.
Specific to Computers and Peripheral Equipment: In addition to any applicable exclusions listed above, this Agreement does not cover damage caused by or due to (1) overheating caused by accumulation of dust, vermin or fan blockage; dropping; food and beverage spills; misuse and abuse; (2) any storage media damaged by malfunctioning parts; improper installation of computer components or peripherals; repair or replacement of upgraded computer components when repair or replacement is required due to incompatibility of parts or incorrect installation; damage caused from refilled ink cartridges; (3) broken or cracked LCD/display screens in notebooks or other portable monitors; burned-in image in CRT, LCD or any other type of display; application programs; operating software; other software; loss of data or restoration of programs; (4) corruption of any program; data or setup information resident on any hard drives and internal or external removable storage devices, as a result of the malfunctioning or damage of an operating part, or as a result of any repairs or replacement under this Agreement; and (5) toner and ink cartridges; cables.
Specific to Jewelry: In addition to the exclusions listed above, We will not replace damaged, lost or stolen gem stones or beads.
Specific to Watches: In addition to the exclusions listed above, We will not replace damaged, lost or stolen gem stones or beads.
Specific to Lawn & Garden Equipment and Power Tools: In addition to the exclusions listed above, this Agreement does not cover (1) Normal wear and tear; tune-ups; damage caused by neglect; improper operation; installation; maintenance; use of an accessory or part not manufactured or sold by an authorized dealer of the manufacturer; operation with fuels, oils or lubricants which are not suitable for use with the Covered Product; alteration or removal of parts; water entering engine cylinder(s) through exhaust system or carburetor(s); spark plugs; brake pads or lining; hoses; hose clamps; belts; batteries; shock absorbers; tires; cutting blades; gauge wheels; wheel balancing; alignments; cleaning of fuel and coolant systems; removal of carbon, varnish, sludge, or contaminants; necessary fuel and ignition system calibrations and adjustments; (2) this Agreement does not cover repair caused by normal product vibration; routine maintenance; fuses; filters; consumables; bulbs; exterior power cords; cosmetic adjustment or replacement; shell separating or cracking; paint changes; corrosion; rust; (3) this Agreement does not cover any repair for grinding of valves to increase compression; oil consumption; stuck rings; shipping or freight; burned valves; tuliped valves; adhesives; shop supplies; road service calls; environmental charges; miscellaneous charges; internal or external corrosion, electrolysis, salt or any other environmental condition; inadequate or improper storage/lay up; loss or damage to optional equipment.
Specific to Fitness Equipment & Other Sporting Goods: In addition to the exclusions listed above, this Agreement does not cover (1) failure of non-operating components such as frames, cabinets, finish, doors, handles, hinges, knobs racks, shelves and software media; remote controls; (2) costs associated with tearing apart walls, carpeting, floors and cabinetry associated with custom installations; and (3) products used in gyms, spas or health clubs where the primary source of income is fitness/membership dues.
Specific to Furniture: In addition to the exclusions listed above, this Agreement does not cover (A) defects, stains, or damages caused as a result of, abuse, misuse or physical force, or furniture that is in an unserviceable condition; (B) neglect, theft, vandalism or malicious mischief; (C) accidents unless otherwise noted under the “Coverage” section; (D) collapse or explosion; (E) spillage of any kind unless otherwise noted under the “Coverage” section; (F) exposure to weather conditions except furniture specifically made to be used outdoors and/or environmental conditions including, but not limited to: fire, floods, smoke, corrosion, sand, dirt, lightning, explosions; natural disasters; moisture water damage of any kind, whether from fresh water, saltwater or other water intrusion, freezes, storms, wind or windstorm, hail, earthquake, tornados or other acts or God; (G) riot, nuclear radiation, war or hostile action, radioactive contamination; (H) intentional or accidental damage by third parties; (I) sun fade or direct exposure to sunlight, bright light or extreme heat, extreme temperature or humidity changes, atmospheric conditions, any heating process, and/or drying; (J) fungus, mold, mildew, rot or rust not caused by a food or beverage stain; (K) vermin or insects; (L) stain or damage caused by incontinence
(M) any independent services or repair contracts, such as but not limited to plumber, painter or other service or maintenance personnel and/or damage caused by any repair personnel or any owner, employee or third party; (N) damage occurring prior to or during delivery or while furniture is being moved between residences or into or out of storage; ; (Q) appliance malfunctions and any resultant leak therefrom; (R) any stain, soiling or damage resulting from everyday use or which has built up over time, e.g., hair, body or suntan oils and/or lotions; (S) signs of soiling include darkened areas where the body comes into contact with the furniture (these darkened areas are signs of soil build-up, which is not covered); (T) general maintenance and overall cleaning of the furniture is the consumer’s responsibility; (U) damage due to harsh or corrosive chemicals; (V) acids, including without limitation, dyes, and ink plant food and fertilizer and bleach, gum; (W) any non-operating part or decorative parts such as hinges, knobs, handles, or shelves; (X) coverage under an insurance program; (Y) delivery and/or redelivery and/or loss or damage to the Covered Product while in the course of transit; (Z) design deficiency; (AA) fabrics with “X” cleaning codes and non-colorfast fabrics and leathers; (AB) odors; (AC) variation of the color, or graining of wood or wood products, marble or leather; (AE) 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; (AF) non-bovine leathers; (AG) 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; (AH) stone or sand abrasion; (AI) loss or damage resulting from: pre-existing conditions known to You (pre-existing means a condition prior to Plan issuance); (AJ) wear related issues, such as but not limited to, fading, wear stress tears, loss of foam resiliency, pilling or fraying of any fabric on all types of furniture; (AK) color loss
or cracking and peeling on any leather or vinyl;; (AM) furniture that is used for commercial, institutional, or rental purposes; (AN) Your own material furniture including, but not limited to, reupholstered or handmade furniture; (AO) wicker, rattan, and teakwood furniture; (AQ) stains or damage to suede, split-grain leather hide or exotic leathers; (AR) manufacturer quality issues such as stress tears, fabric flaws, fading, color loss or change, loss of foam or resiliency, cracking and peeling of leather or vinyl, natural leather markings, and defects in design and workmanship; (AS) stains or damage that occur during assembly, delivery, installation, before furniture is delivered to Your residence, while the furniture is located outside of Your residence, while the furniture is in storage or being moved to or from storage or between residences; (AT) wear & tear caused by repeated use such as scuffing, soiling, hair/body oil, perspiration, surface abrasions, pilling or fraying of fabric, loose joints; (AU) stains or damage covered under any manufacturer warranty, recall, homeowner, renter or other insurance policy; (AV) stains or damage caused by structural problems, appliance malfunctions, acts of God or natural disasters, theft, vandalism or illegal activity (AW) stains or damage caused by independent contractors; (AX) Mattress stains due to human or pet bodily fluids. AY) pet damage (such as damage from beaks, teeth, and claws) other than that caused by Pets and covered in
III.B (7).
Specific to Home Automation: In additional to the exclusions listed above, this Agreement does not cover any loss, repairs or damage caused by or resulting from:
(A) pre-existing conditions incurred or known to You; (B) any repair covered by a manufacturer’s warranty or any insurance; (C) installation, or improper installation; or improper installation of customer replaceable components, modules, parts or peripherals; (D) damage or failure due to causes beyond Our control such as environmental conditions, exposure to weather conditions or acts of nature including, but not limited to: fire, floods, smoke, sand, dirt, lightning, moisture, water damage, freezes, storms, wind, windstorm, hail, earthquake, animal or insect infestation, etc.; (E) damage or failure caused by riot, nuclear radiation, war, hostile action, or radioactive contamination, etc.; (F) battery failure or leakage; (G) collision, collapse, or explosion; (H) liquid spillage of any kind; (I) signal reception, transmission problems resulting from external causes, interruption of electrical service, loss of power, improper use of electrical/power, power “brown-out”, power overload or power surge (unless covered in this Agreement); (J) neglect, misuse, abuse, intentional damage, malicious mischief, theft, mysterious disappearance, vandalism or accidental damage; damage cause by dropping (K) rust, corrosion, warping, bending, etc.; (L) damage, warping, bending or rusting of any kind to the housing, cabinetry, outside casing or frame of the product; (M) any non-operating part, including but not limited to plastic, or decorative parts such as hinges, knobs, door liners, glass, handles, masks, rack rollers, shelves, etc.; (N) loss of or repair to components within the product not originally covered by the manufacturer’s warranty; (O) product attachments not provided by the manufacturer or included in the original sale; (P) loss of or repair to components that are considered expendable or consumer replaceable items and are designed to be consumed during the life of the Covered Product, including but not limited to, lamps, bulbs, tubes, cords, wiring, cables, fuses, keypads, switches, connectors, batteries, etc.; (Q) failure to reset timer after a lamp replacement; (R) exploding or dimming lamps; (S) repairs for cosmetic damage or imperfections to structural items when they do not impact operational performance of the Covered Product ; (T) non-failure problems including but not limited to noises, squeaks, etc.; (U) operational errors on the part of You. (V) unauthorized repairs, adjustments, manipulation or modifications made by anyone other than an authorized service technician; (W) normal periodic or preventative maintenance, user education, setup adjustments, cleanings or 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; (X) software and software-related problems or damage resulting therefrom (Y) any damage to recording media including any program, data or setup resident on any mass storage devices, (Z) products subject to a manufacturer recall 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) Covered Products with removed or altered serial numbers; (AB) consequential damages or delay in rendering service under this Agreement, or loss of use or data during the period the Covered Product is at an authorized repair facility or otherwise awaiting parts; (AC) television imperfections including burned-in images, in resolution/failure, pixel burnout or other image failure not in accordance with the manufacturer’s specifications and/or minimum display standards; (AD) control adjustments made to televisions to enhance screen image quality; (AE) plasma televisions in use at or above 6,000 feet above sea level unless specifically designed for use above that altitude; (AF) products used in applications that require continuous business and/or commercial operation, or are used for, industrial, educational or public use purposes or offered on a rental basis; (AG) equipment sold without a manufacturer’s warranty or “as is”; (AH) removal or disposal of this product in order to comply with EPA disposal requirements; (AI) 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.
IN NO EVENT SHALL THE ADMINISTRATOR/OBLIGOR OR ANY OF THE ADMINISTRATOR/OBLIGOR’S AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS AGREEMENT DOES NOT COVER ANY LOSS OR DAMAGE NOT SPECIFICALLY LISTED HEREIN.
V. CONDITIONS
Renewal: The Replacement Plans are not renewable. Repair Plans may be renewed at Our discretion. To renew Your coverage, please call 877.634.0964 on or before the expiration date of this Agreement. Renewal prices will reflect the age of the Covered Product, Our current service costs, and Our product repair experience. Renewal prices and periods will be available from the Administrator upon request at time of renewal. Note, not all products are eligible for renewal.
Transferability: This Agreement is transferable by You for the balance of the original term of this Agreement. The transfer of this Agreement and the Covered Product may be registered by mailing, and providing the date of new ownership, new owner’s name, complete address, and telephone number and a check for twenty-five dollars ($25) payable to New Leaf Service Contracts, Inc within 30 days of Covered Product transfer of ownership. Once contract has been transferred to new ownership, the person listed as the New Owner of the Covered Product assumes all responsibility to uphold the conditions of this Agreement. A copy of this Agreement may be obtained by the New Owner by contacting Us by phone at 877.634.0964 or by email at [email protected]. The manufacturer’s warranty may not be transferrable.
Territories: The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canada or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
Subrogation: If We pay or render service for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay or render service for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
Arbitration: PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION.
Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement.
Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties.
YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT.
The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at www.adr.org or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees.
NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.
Cancellation: This Agreement provides a thirty (30) day free look period from the purchase date of the Agreement as long as no claims have been incurred. You may cancel this Agreement by informing the Selling Retailer of Your cancellation request within thirty (30) days from the date of purchase of the Agreement and You will receive a 100% refund of the full purchase price of the Agreement. If Your cancellation request is made more than thirty (30) days from the date of purchase, You will receive a pro-rata refund of the Agreement purchase price, less the cost of repairs made (if any), and less an administrative fee to not exceed the cost of the contract or $50.00 whichever is less; or the state law for cancellation that apply to residents requesting cancellation. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. A written notice will be provided 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. Return of the premium is based upon 100% of the unearned pro-rata premium.
Entire Agreement: This is the entire service Agreement between the parties, and no representation, promise or condition made by any person or entity which is not contained herein shall modify any of the terms or conditions of this Agreement.
INSURANCE
THE OBLIGOR UNDER THIS AGREEMENT IS INSURED BY GENERALI U.S. BRANCH, NEW YORK, NY; NAIC # 11231, 7 WORLD TRADE CENTER, 250 GREENWICH STREET, 33RD FLOOR, NEW YORK, NY, 10007. GENERALI US BRANCH OPERATES UNDER THE FOLLOWING NAMES: GENERALI ASSICURAZIONI GENERALI S.P.A. (U.S. BRANCH) IN CALIFORNIA, ASSICURAZIONI GENERALI – U.S. BRANCH IN COLORADO, GENERALI U.S. BRANCH DBA THE GENERAL INSURANCE COMPANY OF TRIESTE & VENICE IN OREGON, AND THE GENERAL INSURANCE COMPANY OF TRIESTE AND VENICE –
U.S. BRANCH IN VIRGINIA. GENERALI US BRANCH IS ADMITTED OR LICENSED TO DO BUSINESS IN ALL STATES AND THE DISTRICT OF COLUMBIA. IF THE ADMINISTRATOR FAILS TO PROVIDE SERVICE OR PAY A CLAIM WITHIN SIXTY (60) DAYS YOU MAY SUBMIT YOUR CLAIM DIRECTLY TO THE INSURER AT THE ABOVE ADDRESS.
FINANCIAL GUARANTEE
IN WASHINGTON, OBLIGATIONS OF THE SERVICE CONTRACT PROVIDER UNDER THIS AGREEMENT ARE BACKED BY THE FULL FAITH AND CREDIT OF THE SERVICE CONTRACT PROVIDER. IF ANY PROMISE MADE IN THE AGREEMENT HAS BEEN DENIED OR HAS NOT BEEN HONORED YOU MAY CONTACT GENERALI WARRANTY SERVICES, LLC (833) 985-1503.
STATE REQUIREMENTS AND DISCLOSURES
THIS AGREEMENT IS AMENDED TO COMPLY WITH THE FOLLOWING REQUIREMENTS AND DISCLOSURES.
Alabama: A twenty-five dollar ($25) cancellation fee is applicable. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Arizona: In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (E) is removed. CANCELLATION section is amended as follows: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. Arbitration does not preclude the consumer’s right to file a complaint with the Arizona Department of Insurance Consumer Affairs Division, (800) 325-2548. Exclusions listed in the Agreement apply once the Covered Product is owned by You.
Arkansas: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
California: For residents of California, the Administrator of this Agreement is New Leaf Service Contracts, Inc 909 Lake Carolyn Parkway, Suite 900, Irving, TX
75039 (877) 634-0964 CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty
(30) days of receipt of returned service Agreement. For all products other than home appliances and home electronic products, if the Agreement is cancelled: (a) within sixty (60) days of receipt of this Agreement, You shall receive a full refund of the purchase price of this Agreement provided no service has been performed, or (b) after sixty (60) days, You will receive a pro rata refund, less the cost of any service received. Arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Household Goods and Services (BHGS). To learn more about this process, You may contact BHGS at 1-800- 952-5210, or You may write to Department of Consumer Affairs, 4244 S. Market Court, Suite D, Sacramento, CA 95834, or You may visit their website at https://bhgs.dca.ca.gov/. Informal dispute resolution is not available.
Colorado: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Connecticut: If You purchased this Agreement in Connecticut, You may pursue mediation to settle disputes between You and the provider of this Agreement. 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 Agreement. In the event Your Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed. CANCELLATION section is amended as follows: You may cancel this Agreement if You return the Covered Product or the Covered Product is sold, lost, stolen, or destroyed.
Florida: If You cancel this Agreement, return of 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 Your behalf. If this Agreement is cancelled by the Provider or Administrator, return of premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any claims that have been made or less the cost of repairs made on Your behalf. The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation. ARBITRATION section of this Agreement is removed.
Georgia: Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (E) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or any sold “as is” including but not limited to floor models, demonstration models, etc. CANCELLATION section is amended as follows: If You cancel after thirty (30) days of receipt of Your Agreement, You will receive a pro rata refund of the Agreement price. In the event of cancellation by Us, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. 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. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You. ARBITRATION section of this Agreement is removed.
Hawaii: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Iowa: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement.
Maine: CANCELLATION section is amended as follows: The provider of the Agreement shall mail a written notice to the service Agreement holder at the last known address of the service Agreement holder contained in the records of the provider at least fifteen (15) days prior to cancellation by the provider. The notice must state the effective date of the cancellation and the reason for the cancellation. If an Agreement is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the service Agreement holder one hundred percent (100%) of the unearned pro-rata provider fee, less any claims paid. An administrative fee not to exceed ten percent (10%) of the provider fee paid by the service Agreement holder may be charged by the provider. A monthly penalty equal to ten percent (10%) of the provider fee outstanding must be added to a refund that is not paid or credited within forty-five (45) days after the return of the Agreement to the provider.
Maryland: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Massachusetts: CANCELLATION section is amended as follows: The provider shall mail a written notice to the service Agreement holder, including the effective date of the cancellation and the reason for the cancellation at the last known address of the service Agreement holder contained in the records of the provider at least five (5) days prior to cancellation by the provider unless the reason for cancellation is nonpayment of the provider fee, material misrepresentation or a substantial breach of duties by the service Agreement holder relating to the Covered Product or its use. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty
(30) days of receipt of returned service Agreement.
Michigan: If performance under this Agreement is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Agreement
shall be extended for the period of the strike or work stoppage.
Minnesota: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement.
Mississippi: ARBITRATION section of this Agreement is removed.
Missouri: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Nevada: CANCELLATION section is amended as follows: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement. ARBITRATION section of this Agreement is removed. In emergency situations that defects immediately endanger the health and safety of You, repairs will commence within 24 hours after the report of the claim and will be completed as soon as reasonably practicable thereafter; and if We determine that repairs cannot practicably be completed within three (3) calendar days after the report of the claim, We will provide a status report to You no later than three (3) calendar days after the report of the claim that will include: 1) A list of the required repairs or services, 2) the primary reason causing the required repairs or services to extend beyond the three
(3) day period; 3) the current estimated time to complete the repairs or services; and 4) contact information for You to make additional inquiries concerning any aspect of the claim and a commitment to respond to such inquiries no later than one (1) business day after such an inquiry is made.
New Hampshire: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271-2261. ARBITRATION section of this Agreement is removed.
New Jersey: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
New Mexico: CANCELLATION section is amended as follows: If You are the original purchaser of this Agreement, You may return this Agreement and receive a refund if: (i) You have not made a claim under the Agreement; and (ii) You return this Agreement within twenty days after the date We mail You a copy of the Agreement or within ten days after You receive a copy of the Agreement if We furnish You with the copy at the time the Agreement is purchased.
We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the
effective date of cancellation and the reason for cancellation. If this Agreement has been in force for a period of seventy (70) days, We may not cancel it before the expiration of the Agreement 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 Agreement; 3) You engage in fraud or material misrepresentation in obtaining this Agreement; or 4) You commit any act, omission, or violation of any terms of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. A ten percent (10%) penalty per month (or each portion thereof) shall be applied to refunds not paid or credited within sixty (60) days of receipt of a returned Agreement.
New York: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement.
North Carolina: CANCELLATION section is amended as follows: We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of this Agreement.
Oklahoma: This Agreement is not a contract of insurance. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. CANCELLATION section is amended as follows: In the event You cancel this Agreement, return of 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 Your behalf. In the event We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium, less any claims that have been paid or less the cost of repairs made on Your behalf. ARBITRATION – While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a district court of Oklahoma.
Oregon: Upon failure of the Obligor to perform under the Agreement, the insurer shall pay on behalf of the Obligor any sums the Obligor is legally obligated to pay and any service that the Obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination. CANCELLATION section is amended as follows: You, the service Agreement holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. ARBITRATION section of this Agreement is removed.
South Carolina: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number 803-737-6180. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Texas: If You purchased this Agreement in Texas, unresolved complaints or questions concerning the regulations 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. Obligor: Generali Warranty Services, LLC, 7 World Trade Center, 250 Greenwich St, 33rd Fl. New York, NY 10007 (833) 985-1503). Lic #779. CANCELLATION section is amended as follows: You, the service Agreement holder, may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement.
Utah: This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement 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 Agreement does not invalidate or reduce a claim. CANCELLATION section is amended as follows: We can cancel this Agreement 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 Agreement during such time period for non-payment 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 Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for non-payment 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 the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement or (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 Agreement number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation.
ARBITRATION section is amended to include the following: Any matter in dispute between You and Us may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from Us. Any decision reached by arbitration shall be binding upon both You and Us. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction.
EMERGENCY SERVICE: If you are unable to reach Administrator at 877.634.0964 and you require emergency repair, you may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Administrator Your original repair bill along with the technician’s report and a copy of the Agreement to the address at the top of this Agreement for reimbursement. All coverage and exclusions in this Agreement will apply.
Washington: All references to Obligor throughout this Agreement are replaced with Service Provider. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement. We may not cancel this Agreement without providing You with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. You are not required to wait sixty (60) days before filing a claim directly with the Service Provider. ARBITRATION section is amended to add the following: The Insurance Commissioner of Washington is the Service Provider’s attorney to receive service of process in any action, suit or proceeding in any court, and the state of Washington has jurisdiction of any civil action in connection with this Agreement. Arbitration proceedings shall be held at a location in closest proximity to the service Agreement holder’s permanent residence. You may file a direct claim with the Service Provider at any time.
EMERGENCY SERVICE: If you are unable to reach Administrator at 877.634.0964 and you require emergency repair, you may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Administrator Your original repair bill along with the technician’s report and a copy of the Agreement to the address at the top of this Agreement for reimbursement. All coverage and exclusions in this Agreement will apply.
Wisconsin: ARBITRATION section of this Agreement is removed. CANCELLATION section is amended as follows: If We cancel this Agreement, We will provide written notice of cancellation, including the effective date of the cancellation and the actual reason for the cancellation, to the last known mailing address at least five (5) days prior to the effective date of the cancellation. Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of this Agreement. THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. If You cancel within thirty (30)
days of receipt of this Agreement, You must first return to the Selling Retailer or to the Obligor should the Selling Retailer not be available. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement. If Administrator fails to provide, or reimburse or pay for, a service that is covered under this Agreement within sixty-one (61) days after You provide proof of loss, or if the Administrator becomes insolvent or otherwise financially impaired, You may file a claim directly with the Insurer for reimbursement, payment, or provision of the service. If Your cancellation request is made more than thirty (30) days from the date of purchase, You will receive a
pro-rata refund of the Agreement purchase price, less the cost of repairs made (if any), and less an administrative fee to not exceed $50.00 or ten percent (10%) of the purchase price whichever is less.
Wyoming: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned service Agreement. ARBITRATION section of this Agreement is removed.
